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Home My WebLink About07-09-24 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. FYI E. Commission Disclosures F. Approval of Minutes F.1 Approve the Regular Meeting Minutes 06-04-24 City Commission Meeting 06-18-24 City Commission Meeting(Maas) G. Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, July 9, 2024 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@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 Interim City Manager to sign a grant agreement with the Montana State University Innovation Campus in the Amount of $16,409 to Fund One Third of the Planning and Development costs, as Authorized by State Statute and the South Bozeman Technology District Comprehensive Plan, for Establishing a Planned Development Zone (PDZ) within the Boundaries of the South Bozeman Technology District(Fontenot) G.3 Authorize the Mayor to Sign a Project Management Plan for the State-Local Infrastructure Partnership Act of 2023 (SLIPA) for the 12th, 13th, and 14th Avenue Water Renovations and the Olive Street Mill and Overlay Project(Ross) G.4 Authorize the City Manager to Sign a Professional Services Agreement (PSA)with Center for Public Safety Excellence (CPSE) for Technical Advisory Program (TAP) Services with a Community Driven Strategic Plan for the Fire Department(Waldo) G.5 Authorize the City Manager to sign a Professional Services Agreement for the upgrade of the Water Treatment Plant Supervisory Control and Data Acquisition (SCADA) System(Cummins) G.6 Authorize the City Manager to Sign a Professional Services Agreement for the Abatement of Weeds per the Bozeman Municipal Code(Bailey ) G.7 Resolution 5597, A Resolution of Intent to Consider an Amendment to the Bozeman Community Plan 2020 to Adopt and Integrate the â€œBozeman Health Sub-Area Planâ€ as a Neighborhood Plan under the Bozeman Community Plan 2020 Including Revisions to the Future Land Use Map; Application 24118(Rogers) G.8 Resolution 5616, Intent to Create a Special Improvement Lighting District 785 for Gardner Simmental Plaza Sub Lot 2A(Hodnett) G.9 Resolution 5624, Approving the Alteration and Modification of Contract with Blanton Construction, LLC for the Aspen Street Pedestrian Bridge(Fine) H. Public Comment I. Action Items I.1 Review of the Guthrie at 5th and Villard Site Plan, Commercial Certificate of Appropriateness, and Demolition Application; Application 23354(Krueger ) 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. Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23345 and move to 2 J. FYI / Discussion K. Adjournment approve the site plan, commercial certificate of appropriateness, and demolition application with conditions and subject to all applicable code provisions. City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our Acting ADA Coordinator, Max Ziegler, at 406.582.2439 (TDD 406.582.2301). 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, Interim City Manager SUBJECT:Approve the Regular Meeting Minutes 06-04-24 City Commission Meeting 06-18-24 City Commission Meeting MEETING DATE:July 9, 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 BozemanClerksDepartment@bozeman.net for assistance. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None Attachments: 4 06-04-24 City Commission Meeting Minutes.docx 06-18-24 City Commission Meeting Minutes.pdf Report compiled on: June 21, 2024 5 Bozeman City Commission Meeting Minutes, June 4, 2024 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES June 4, 2024 Present:Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer Absent:None Excused:None Staff Present at the Dais:Interim City Manager (ICM) Chuck Winn, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A)00:16:31 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse B)00:17:50 Pledge of Allegiance and a Moment of Silence C)00:18:31 Changes to the Agenda D)00:18:56 FYI Mayor Cunningham highlighted the memorial service that occurred yesterday for I-Ho Pomeroy. ICM Winn noted the Library program "Wednesday Walks." E)00:20:21 Commission Disclosures F)00:20:30 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Purchase Agreement with Sutphen Corporation for a New Ladder Truck Bozeman Ladder Truck Purchase Agreement.pdf F.3 Authorize the City Manager to Sign a Notice of Award to CK May Excavating Inc. for Construction of the 2024 Street and Utility Improvements Project Bid Tab.pdf 6 Bozeman City Commission Meeting Minutes, June 4, 2024 Page 2 of 8 AWARD.docx BidWorksheet_8926122_Eval.pdf F.4 Authorize the City Manager to Sign a Notice of Award and Contract Documents, Once Received, to 4050 Development, LLC for Construction of the 2024 Evergreen Drive Sewer Replacement Project Notice of Award.pdf Bid Sheet - Evergreen Drive Sanitary Sewer.pdf Award Recommendation Letter.pdf F.5 Authorize the City Manager to Sign a Fiscal Year 2025 Montana State University (MSU) Fire Service Agreement MSU - City of Bozeman Fire Dept Agreement FY 25.pdf F.6 Authorize the City Manager to Sign an Architectural Services Agreement with SMA Architecture and Design for Fire Egress Route Mapping Architectural Services Agreement - SMA - Fire Egress Maps - Compiled.pdf F.7 Authorize the City Manager to Sign a Construction Agreement for the 2024 Sidewalk Grinding Project with Precision Concrete Cutting, Inc BidWorksheet.pdf CONSTRUCTION AGREEMENT.pdf F.8 Authorize the City Manager to Sign a Construction Agreement with Big West Building Services LLC for Bozeman City Shops Complex Flat Roofing and Insulation Replacement Construction Agreement - Big West Building Services - City Shops Roof Replacement.pdf F.9 Authorize the Interim City Manager to Sign a Professional Service Agreement with NV5 Geospatial, Inc. for Professional Geographic Information System (GIS) Services PSA_Professional Geographic Information System (GIS) Services.pdf F.10 Authorize the City Manager to Sign a Professional Services Agreement with the Downtown Bozeman Partnership for the Administration of the Downtown Urban Renewal District for Fiscal Year 2025 DBP-COB PSA for Management of URD District--FY2025.pdf F.11 Authorize the City Manager to Sign a Professional Services Agreement with the Downtown Bozeman Partnership for the Administration of the Downtown Business Improvement District for Fiscal Year 2025 DBP-COB PSA for Management of BID District--FY2025.pdf F.12 Authorize the Interim City Manager to Sign the First Amendment to Professional Services Agreement to Extend Term With No Change in Contract Amount with TischlerBise PSA Amendment May 2024.pdf F.13 Ordinance 2164, Final Adoption, Rezoning Lot 1 of Minor Subdivision 235B, S23, T02S, R05E from R-O (Residential Office) to R-4 (Residential High Density District) Containing 10.16 Acres, B-2M (Community Business District-Mixed) Containing 1.49 Acres, and PLI (Public Lands and Institutions) containing 1.33 Acres; The Nexus Point Zone Map Amendment, Application 23204 Ordinance - Nexus Point ZMA.pdf 7 Bozeman City Commission Meeting Minutes, June 4, 2024 Page 3 of 8 Nexus Point 2024 Zone Map Amendment Exhibit (Final).pdf 00:20:33 City Manager Introduction ICM Winn provided the highlights of the Consent Agenda. 00:21:50 Public Comment There were no public comments on the Consent Agenda. 00:22:35 Motion to approve Consent Items 1 through 13 as submitted. Joey Morrison: Motion Douglas Fischer: 2nd 00:22:45 Vote on the Motion to approve Consent Items 1 through 13 as submitted.The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Disapprove: None G)00:23:00 Public Comment Mayor Cunningham opened general public comments for items not on the agenda. 00:24:18 Cindy Smith commented in support of the Tenant's Legal Right to Counsel in the upcoming budget. 00:27:40 Valerie Locke commented on potential eviction after the sale of the mobile home park she lives in and their need for the right to counsel. 00:30:57 Amy Albert commented in favor of a tenant right to counsel program. 00:33:48 Anthony Smith commented on a police action upon an unhoused community member. 00:37:27 Pat Todd commented in favor of Emma Bode for the Commission vacancy appointment. 00:38:25 Marcia Kaveney commented on the Montana Main Street Program and the livability of downtown. 8 Bozeman City Commission Meeting Minutes, June 4, 2024 Page 4 of 8 H)00:41:30 Special Presentation H.1 00:41:34 2025 Biennium Budget & Budget Message Special Presentation 00:45:50 Staff Presentation Finance Director Melissa Hodnett presented an overview of the process and summary of what will be presented in the coming weeks. 01:00:00 Comments of the Mayor I)01:00:49 Work Session I.1 01:00:49 Public Safety Mill Levy and Fire Station Construction Bond Work Session 01:01:17 Staff Presentation ICM Winn asked for direction related to a public safety mill levy and fire station construction bond with the aim of the November 2024 election. He presented a history of public safety in Bozeman, looked ahead to meet community needs, and presented public safety priorities. Fire Chief Josh Waldo presented an assessment of current public safety needs, and the public safety benefits. Police Chief Jim Veltkamp presented an assessment of current public safety needs, and the public safety benefits. ICM Winn provided closing comments and presented the next steps if the Commission directs staff to continue in pursuing these options. 01:27:59 Questions and Discussion 01:59:54 Public Comments Mayor Cunningham opened this item for public comment. 02:00:35 Nancy Schultz commented. 02:03:13 Glenn Monahan commented in support. 02:04:41 Natsuki Nakamura commented on the staffing request of police officers, other potential safety staffing, and separating the fire and police staffing questions. 02:05:45 Direction to Staff 02:18:11 City Manager conclusion and next steps 02:18:35 Recess 9 Bozeman City Commission Meeting Minutes, June 4, 2024 Page 5 of 8 02:27:19 Call to Order J)Action Items J.1 02:27:21 Appoint a New Bozeman City Commissioner Oath of Office - TBD.docx Legal Ad for CC Vacancy.pdf Roger Blank.pdf Mikiyo Aoki.pdf Emma Bode.pdf Jason Delmue.pdf Lauren Dupuis.pdf Brian Keefe.pdf Kirsten Smith.pdf Sarah Orr.pdf Alison Sweeney.pdf Emily Talago.pdf Tom Woods.pdf 02:27:27 Clarification of Process 02:28:43 Statement of Applicants 02:29:19 Tom Woods 02:33:57 Emily Talago 02:37:28 Alison Sweeney 02:40:29 Kirsten Smith Sarah Orr - unable to attend Brian Keefe - unable to attend Lauren Dupuis - unable to attend 02:44:49 Jason Delmue 02:48:01 Emma Bode 02:51:00 Roger Blank 10 Bozeman City Commission Meeting Minutes, June 4, 2024 Page 6 of 8 02:51:57 Mikiyo Aoki 02:55:24 Public Comment Mayor Cunningham opened this item for public comments. 02:56:55 Glenn Monahan commented in support of Alison Sweeney 02:58:20 Nancy Schultz commented in support of Alison Sweeney 03:00:30 Larry Johnson commented in support of Alison Sweeney 03:01:55 Jasper Schuerr commented in support of Emma Bode 03:02:35 August Schuerr commented in support of Emma Bode. 03:04:38 Emily Gonzalez commented in support of Alison Sweeney. 03:05:15 Anna Shchemelinin commented. 03:06:35 Eva Molina commented in support of Emma Bode. 03:08:17 Corbin Housely commented in support of Alison Sweeney. 03:09:54 Mark Egge commented in support of Jason Delmue or Emma Bode. 03:11:30 Cabe Wolverton commented in support of Emma Bode. 03:13:35 Angie Kociolek commented in support of Alison Sweeney. 03:15:25 Renee Callahan commented in support of Alison Sweeney. 03:17:05 Aeryn Heidemann commented in support of Emily Talago. 03:18:40 Alice Schultz commented in support of Kirsten Smith. 03:21:25 Evan Roscoe Kelly commented in support of Emma Bode. 03:23:49 Zack Brown commented on behalf of the Gallatin County Commission in support of Kirsten Smith. 03:26:22 Jerry Pape commented in support of Emily Talago. 11 Bozeman City Commission Meeting Minutes, June 4, 2024 Page 7 of 8 03:29:15 Clarification of Process 03:30:20 Discussion 04:04:10 Motion to appoint Emma Bode to the position of Bozeman City Commissioner with a term ending in compliance with Section 2.06(c) of the Bozeman Charter for the term that will expire at the beginning of the first regularly scheduled meeting in January of 2026. Joey Morrison: Motion Douglas Fischer: 2nd 04:04:44 Vote on the Motion to appoint Emma Bode to the position of Bozeman City Commissioner with a term ending in compliance with Section 2.06(c) of the Bozeman Charter for the term that will expire at the beginning of the first regularly scheduled meeting in January of 2026.The Motion carried 4 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Disapprove: None 04:05:36 Oath of Office K)04:06:49 FYI / Discussion L)04:07:20 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk 12 Bozeman City Commission Meeting Minutes, June 4, 2024 Page 8 of 8 PREPARED BY: ___________________________________ Mike Maas City Clerk Approved on: July 9, 2024 13 Bozeman City Commission Meeting Minutes, June 18, 2024 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES June 18, 2024 Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode Absent: None Excused: None Staff at the Dias: Interim City Manager (ICM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:22:41 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:24:09 Pledge of Allegiance and a Moment of Silence C) 00:25:00 Changes to the Agenda D) 00:25:12 FYI • Commissioner Fischer complemented the water conservation and drought tolerant education efforts of City Staff. • Mayor Cunningham mentioned significance of the June 18th Ribbon Cutting at Burke Park. • Mayor Cunningham briefed the public on the new Joint City-County Board that will distribute federally allocated funds from the Opioid Lawsuits. • ICM Winn spoke about the completion of the Water-Wise garden at the Stiff Building. • ICM Winn announced the Safe Schools Summit recognized collectively the Bozeman Resource Officers as School Resource Officer of the Year Award. E) 00:29:05 Commission Disclosures • There were no Commission Disclosures. F) 00:29:15 Consent 14 Bozeman City Commission Meeting Minutes, June 18, 2024 Page 2 of 8 F.1 Accounts Payable Claims Review and Approval F.2 Authorize City Manager to Sign a Professional Service Agreement with High Country Paving for Stiff Professional Building Back Parking Lot Paving Construction Agreement - High Country Paving - Professinal Building Back Lot.pdf F.3 Authorize City Manager to Sign a Professional Service Agreement with High Country Paving for Bozeman Senior Center West Parking Lot Paving Construction Agreement - High Country Paving - Senior Center West Parking Lot.pdf F.4 Authorize the City Manager to Sign a Professional Services Agreement with HDR Engineering, Inc., for the WRF Phase 1 Base Hydraulic Capacity Upgrade Project. Long-Form PSA_Ph 1 WRF Base Upgrades_HDR Engineering.pdf F.5 Authorize the City Manager to Sign a Professional Services Agreement with Desman Inc. for Construction Administrative Purposes PSA_Desman_Construction Administrative Services.pdf F.6 Authorize the City Manager to Sign a First Amendment to a Professional Services Agreement with Logan Simpson for the Gallatin Valley Sensitive Lands Protection Plan Expanding the Scope of Services to Include Additional GIS Data Consultation Services First Amendment to PSA with Logan Simpson for Gallatin Valley Sensitive Lands Protection Plan.pdf F.7 Resolution 5568, A Resolution of Intent to Amend the Future Land Use Map of the Bozeman Community Plan 2020, on 7.644 acres for Property Generally Located on the Northeast Corner of South 19th Avenue and Graf Street, Application 23063 24195 SRX II Resolution of Intent 5598.pdf F.8 Resolution 5601, Authorizing the City Manager to Sign Change Order 1 with Constructive Solutions, Inc. for The Downtown Alley Enhancement Pilot Project Resolution 5601 June 2024 Change Order 1.pdf Alley Change Order 1-V2.pdf _First_Am_Dwtwn_Alley_Enhance_Agmt_final-COMBINED PDF.pdf F.9 Resolution 5602, Authorizing the City Manager to Sign Change Order 2 with Constructive Solutions, Inc. for The Downtown Alley Enhancement Pilot Project Resolution 5602 June 2024 Changer Order 2.pdf Alley Change Order 2-V2.pdf _First_Am_Dwtwn_Alley_Enhance_Agmt_final-COMBINED PDF.pdf F.10 Approve Final Ordinance No. 2161 for the Zoning Text Amendment to Table 38.320.040.E to Reduce the Minimum Rear Yard Setback for Lots Abutting Alleys in the Residential Emphasis Mixed Use (REMU) Districts Citywide; Application No. 24055 24055 Final Ordinance 2161 CC Memo.pdf Final Ordinance 24055 REMU rear yard setback 06 06 24.pdf 24055 Final Ordinance 2161 REMU ZTA CC staff rpt.pdf ICM Winn presented the Consent Agenda highlights 00:30:58 Public Comment on Consent There were no comments on the Consent Agenda. 00:31:32 Motion to approve Consent Items F.1 - F.10 as submitted. Joey Morrison: Motion Douglas Fischer: 2nd 15 Bozeman City Commission Meeting Minutes, June 18, 2024 Page 3 of 8 00:31:46 Vote on the Motion to approve Consent Items F.1 - F.10 as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None Mayor Cunningham opened general Public Comment 00:34:13 Maggie Harrison commented in opposition to the Fowler Connection Project. 00:36:59 Patty Dickerson commented in opposition to the Fowler Connection Project. 00:40:09 Rob Gregwyer commented in opposition to Tenants Right to Council. 00:43:24 Erica Coyle, Executive Director of Haven commented on the increasing need of survivor support at Haven. 00:45:50 Nick Hostetler commented in support of Tenants Right to Council. 00:47:27 Carla Tuzinski commented in opposition to the Fowler Connection Project. 00:50:42 Stephanie commented in opposition to the City Budget. 00:53:25 Lynsey commented in opposition to the City Budget. 00:54:49 Karen Lindell commented in opposition to Tenants Right to Council. 00:57:54 Glen Monihan commented in opposition to Tenants Right to Council. 01:01:12 Nancy Schultz commented in opposition to the upcoming UDC rewrite. 01:03:48 Holly Hart commented in opposition to Tenants Right to Council. 01:05:53 Beverly Adams commented in opposition to Tenants Right to Council. 01:08:08 Jenna Reno commented in opposition to Tenants Right to Council. 01:10:27 Deanna Campbell commented in opposition to Diversity, Equity and Inclusion. 01:13:23 Roger Blank commented in opposition to Tenants Right to Council. 01:15:30 Luke Dennis-Menders commented in support of rights for 16 Bozeman City Commission Meeting Minutes, June 18, 2024 Page 4 of 8 01:18:40 Jackson Sledge commented in support of Tenants Right to Council. 01:21:35 Leonna Alvarado commented in support of Tenants Right to Council. 01:24:55 Laurie Foreman commented in support of Tenants Right to Council. 01:27:30 Elise spoke in support of Tenants Right to Council. 01:30:26 Hilar Brown commented on tax payer fatigue. 01:32:27 Philip Demke commented in support of Tenants Right to Council. 01:35:44 Tricia Wookie commented in opposition to the Fowler Connection Project. 01:38:56 Sky Sterry commented in opposition to the Fowler Connection Project. 01:42:54 Connie Halvin commented in support of Tenants Right to Council. 01:45:18 Eva Molina commented in support of Tenants Right to Council. 01:46:44 Josh Macaffrey spoke in support of Tenants Right to Council. 01:49:45 Ryan Schaffer commented in support generally of the City Commission. 01:50:25 Adrianne Wallace commented in support generally of the City Commission. (Check this.) 01:51:22 Anthony Smith commented in opposition to Police Conduct in Bozeman. 01:55:46 Mayor Cunningham called the meeting into recess. 02:03:00 Mayor Cunningham called the meeting back into session. 02:03:03 Mayor Cunningham announced a change to the agenda. The Fowler Avenue Connection agenda item will be move to July 16th. H) Action Items H.1 02:04:17 Application for Harper's Corner Annexation and Zone Map Amendment, Requesting Annexation of 40.12 Acres Including Adjacent Right-of-Way for Hidden Valley Road and Amendment to the City Zoning Map for the Establishment of Two Zoning Designations of R-3 (Residential Medium Density District) on the Western Parcel Containing 20.06 Acres and R-4 (Residential High Density District) on the Eastern Parcel Containing 20.06 Acres, Application 23127. 23127 Harper's Corner Annx-CC SR.pdf Harper's Corner Summary.pdf 02:04:20 ICM Winn introduced Action Item H. 1 17 Bozeman City Commission Meeting Minutes, June 18, 2024 Page 5 of 8 02:04:58 Staff Presentation City Planner (CP) Elizabeth Cramblet presented the Harper's Corner Zone Map Amendment: Application 23127, Nearby Zoning Districts, Triangle Community Plan, Sec. 76-2-304, MCA Zoning Criteria of Evaluation: Section 6, Pg. 12-24, Visionary Major Street Network, Public Comment, recommendation, Public Notice. 02:16:45 Questions of Staff 02:36:35 Developer Presentation Developer John Knokey presented Harper's Corner Annexation, Reasons developer believes the Harper's Corner Annexation meets Bozeman's growth goals, Bozeman Growth Corridor, Harpers Corner Sewer Plan, Harpers Corner Roadway Network, 02:46:47 Questions of Developer 03:05:05 Public Comment Mayor Cunningham opened this item for public comment. 03:05:20 Shannon Vidmar commented in opposition to the Harper's Corner Development. 03:07:40 Dale Lilliard commented in opposition to Harper's Corner Development. 03:10:56 Deanna Campbell commented in support of Harper's Corner Development. 03:14:10 Pam Marcella commented in opposition to Harper's Corner Development. 03:17:22 Del Richter commented in opposition to Harper's Corner Development. 03:19:58 Patrick Rodgers commented in favor of R2/R4 development on Harper's Corner Development. 03:21:12 Mary Seed commented in opposition to Harper's Corner Development. 03:24:43 Christine Beamer commented in opposition to Harper's Corner Development. 03:27:55 Brandon Beamer commented in opposition to Harper's Corner Development. 03:30:21 Gary Fox, Civil Engineer on the project commented in support of the Harper's Corner Development. 03:33:55 Greg Vidmar commented in opposition to Harper's Corner Development. 03:37:20 Ray Seed commented in opposition to Harper's Corner Development. 03:41:13 Guy Santiglia commented on on topics outside of Action Item H.1 18 Bozeman City Commission Meeting Minutes, June 18, 2024 Page 6 of 8 03:43:13 Staff Comments 03:43:56 Developer Rebuttal 03:47:06 Staff Clarification 03:50:37 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 23127 and move to approve the Harper's Corner Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Douglas Fischer: Motion Emma Bode: 2nd Discussion 04:15:06 Vote on the 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 23127 and move to approve the Harper's Corner Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. The Motion failed 2 - 3. Approve: Terry Cunningham Emma Bode Disapprove: Joey Morrison Jennifer Madgic Douglas Fischer H.2 04:15:29 Review and Consider Approval of the Jarrett Major Subdivision Preliminary Plat; Application No. 23072 23072 Jarrett PP CC Staff Report.pdf 002 Pre-Plat SHEET 2 PRELIMINARY PLAT.pdf 04:15:34 ICM presented Action Item H.2 04:15:52 Mayor Cunningham extended the meeting to 10:20 04:16:16 Staff Presentation 04:29:27 City Planner Susana Montana presented the Jarrett Major Subdivision Preliminary Plat, Application 23072, Zoning Context Map, Neighborhood Context Map, Location Map, Allison "Parent" Preliminary Plot Subdivision (now expired), 3 Plus Phases of Development = 110 Residential Lots, Parkland Provision, Growth Policies Addressed by Application, No Written Public Comment, Review Criteria and Recommendation. 19 Bozeman City Commission Meeting Minutes, June 18, 2024 Page 7 of 8 Questions of Staff 04:40:15 Mayor Cunningham extended the meeting to 10:40 04:48:10 Applicant Presentation Perrin Raymond of WWC Engineering Presented Existing Conditions, Jarrett Subdivision, Phasing Plan, Bon Ton Park, Water Monitoring. Questions of Applicant 04:59:40 Mayor Cunningham extended the meeting to 10:45 05:03:07 Public Comment Mayor Cunningham opened this item for public comment. 05:03:21 Mark Egge commented on the Subdivision Review Process. 05:06:01 Mayor Cunningham extended the meeting to 10:50 05:09:25 Mayor Cunningham extended the meeting to 10:55 05:06:22 Motion to Approve the Jarrett Major Subdivision Preliminary Plat; Application No. 23072 Emma Bode: Motion Jennifer Madgic: 2nd Discussion 05:16:52 Vote on the Motion to Approve the Jarrett Major Subdivision Preliminary Plat; Application No. 23072 The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None H.3 1920 West Babcock Zone Map Amendment Requesting an Amendment to the City Zoning Map from R-O (Residential Office) to B-2M (Community Commercial Mixed-Use) on 0.249 Acres Plus the Adjacent Right-of-Way. The Property is Addressed as 1920 West Babcock Street and located on the Southeast Corner of West Babcock Street and South 20th Avenue; Application 24024 20 Bozeman City Commission Meeting Minutes, June 18, 2024 Page 8 of 8 24024 1920 W Babcock ZMA CC SR.pdf • Action Item H.3 has been moved to the August 13th Commission Meeting Agenda. I) Work Session I.1 Fowler Avenue Connection 30% Design Review • The Fowler Avenue Connection Work Session has been moved to the July 16th Commission Meeting Agenda. J) 05:17:30 FYI / Discussion K) 05:17:41 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: July 9, 2024 21 Memorandum REPORT TO:City Commission FROM: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:July 9, 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 July 3rd, 2024 and July 10th, 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: June 17, 2024 22 Memorandum REPORT TO:City Commission FROM:Brit Fontenot, Economic Development Director SUBJECT:Authorize the Interim City Manager to sign a grant agreement with the Montana State University Innovation Campus in the Amount of $16,409 to Fund One Third of the Planning and Development costs, as Authorized by State Statute and the South Bozeman Technology District Comprehensive Plan, for Establishing a Planned Development Zone (PDZ) within the Boundaries of the South Bozeman Technology District MEETING DATE:July 9, 2024 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize the Interim City Manager to sign a grant agreement with the Montana State University Innovation Campus, 501c-3 Montana non-profit organization, in the amount of $16, 409 to fund 1/3 of the planning and development costs, as authorized by State statute and the South Bozeman Technology District Comprehensive Plan, for establishing a Planned Development Zone (PDZ) within the boundaries of the South Bozeman Technology District. STRATEGIC PLAN:1.4 Business and Institutional Partnerships: Explore opportunities for partnerships with key business groups and non-profit organizations. BACKGROUND:On February 27, 2024 the Bozeman City Commission approved the Montana State University Innovation Campus' (MSUIC) application to create a Planned Development Zone (PDZ) with a focus on sustainability. As part of the ongoing support of the MSUIC and the implementation of the campus master plan, the South Bozeman Technology District is proposing to grant 1/3 of the total project cost ($49,225) of attaining the PDZ entitlement. The proposed grant amount of $16,409 will be funded from the South Bozeman Technology District fund. The expense is a portion of costs contemplated in the 2012 Comprehensive Development Plan and is an eligible cost as outlined in state statute, MCA 7-15-4288. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by the Bozeman City Commission. FISCAL EFFECTS:If approved, the grant amount of $16,409 will be transferred from the South Bozeman Technology District (SBTD) fund to the Community Development fund. The SBTD fund has a balance of $101,100 for projects of the type 23 suggested where the City should remain flexible and responsive to opportunities, or to solve problems. The SBTD FY24 Annual Report and FY 25-26 Work Plan and Budget were approved by the City Commission on May 14, 2024. Attachments: MSUIC PDZ Grant Agreement 6-21-24 v4.docx SBTD Work Plan and Budget FY 2025 - 2026 FINAL 20240506.docx Report compiled on: June 4, 2024 24 FY 2024 Montana State University Innovation Campus – Planning Grant Agreement GRANT AGREEMENT Montana State University Innovation Campus THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and between the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse Ave., Bozeman MT 59771 (“City”) as GRANTOR and the Montana State University Innovation Campus (MSUIC), a 501c3 Montana non-profit organization located at 1501 South 11th Avenue and with a mailing address of P.O. Box 172750 , Bozeman, Montana 59718 as GRANTEES. WHEREAS, on October 17, 2005, the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, the City Commission may make grants of money for public purposes pursuant to Sect. 7-1-4124(9), MCA; and WHEREAS, on November 5, 2012, via Ordinance 1844, the Bozeman City Commission established the South Bozeman Technology District for the purpose of developing infrastructure to encourage the location and retention of technology infrastructure projects in the City; and WHEREAS, the 2012 South Bozeman Technology District Comprehensive Plan anticipates using District funds to offset costs associated with planning and infrastructure development; and WHEREAS, the City recognizes that job creation and industry diversification are economic development priorities of the Montana State University Innovation Campus; and WHEREAS, the MSUIC is located entirely within the South Bozeman Technology District and is the sole property owner within the District and is currently developing the MSUIC; and WHEREAS, on February 27, 2024, the Bozeman City Commission approved the MSUIC’s application for a Planned Development Zone (PDZ), zone map amendment to the MSUIC, in which MSUIC agreed that future development projects on the MSUIC parcel will meet certain conditions of sustainability and resilient design. WHEREAS, the City Commission determines the granting of funds under this Agreement is for a public purpose benefitting the community by supporting efforts to establish a PDZ for a campus in our community focused on job creation and industry diversification, while ensuring development on the MSUIC is sustainable and resilient including reduced water consumption and reduction of non-renewable energy as required by the PDZ. WHEREAS, the South Bozeman Technology District fund can support the grant amount of $16,409. THE PARTIES AGREE: 25 FY 2024 Montana State University Innovation Campus – Planning Grant Agreement 1.The Grant. The City will grant and release to GRANTEE a sum of up to sixteen thousand four hundred and nine dollars($16,409) from its South Bozeman Technology District Fund (the “Grant”) pursuant to the payment terms in Section 3. 2.Use of Grant Funds. Grant funds in the amount of sixteen thousand four hundred and nine dollars ($16,409) will be used by GRANTEE for the sole purpose of paying a 1/3 portion of the total planning and development fees ($49,225) associated with the creation of the PDZ within the South Bozeman Technology District boundary and on the MSUIC with the intent of utilizing the new zoning designation to build out the MSUIC. The total planning and development fees for the creation of a PDZ must be paid by the MSUIC, in its entirety, by the end of the calendar year 2024 or the MSUIC will be invoiced by the City for the granted amount ($16,409) with the expectation that the granted amount will be remitted in full to the City of Bozeman within 60 days of the end of the calendar year 2024. 3.Payment of Grant Funds a. The City will pay or transfer sixteen thousand four hundred and nine dollars ($16,409) of the total PDZ planning fee ($49,225) to the Community Development Department from the South Bozeman Technology District fund. 4.Grantee Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that in any manner may affect Grantee’s performance under this Agreement. b. GRANTEE represents and warrants to City that it has the experience and ability to perform its obligations under this Agreement; that it will perform said obligations in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish and complete the financial requirements of the creation of a PDZ at the MSUIC. 5.Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, 26 FY 2024 Montana State University Innovation Campus – Planning Grant Agreement the proof of expenses paid. GRANTEE agrees to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE’s compliance with the requirements of this Agreement. GRANTEE 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 monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. GRANTEE shall not issue any statements, releases, or information for public dissemination without prior approval of the City. 6.Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with creation of a PDZ at the MSUIC. 7.Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors are 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. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 8.Default and Termination. a. If GRANTEE fails to comply with Section 2 of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for one-third ($16,409) of the fees associated with the creation of a PDZ at the MSUIC. 9.Limitation on GRANTEE’s Damages; Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE’s damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. 27 FY 2024 Montana State University Innovation Campus – Planning Grant Agreement b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 10.Representatives a.City’s Representative. The City’s Representative for the purpose of this Agreement shall be Brit Fontenot, Economic Development Director, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, GRANTEE may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b.GRANTEE’s Representative. GRANTEE’s Representative for the purpose of this Agreement shall be Mark Sharpe, Executive Director of the MSUIC, or such other individual as GRANTEE shall designate in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication shall be directed to GRANTEE’s Representative; provided, however, that in exigent circumstances when GRANTEE’s Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 11.Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify, and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third-party claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE’s (i) negligence, or (ii) willful or reckless misconduct. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE’s indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. 28 FY 2024 Montana State University Innovation Campus – Planning Grant Agreement Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE’s applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against 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. GRANTEE also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE’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 GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or 29 FY 2024 Montana State University Innovation Campus – Planning Grant Agreement non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE’s receipt of notice that any required insurance coverage will be terminated or GRANTEE’s decision to terminate any required insurance coverage for any reason. 12.Nondiscrimination and Equal Pay. GRANTEE agrees that all hiring by Grantee of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE 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. GRANTEE 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). GRANTEE 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. GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 13.Public Meetings and Access to Public Records a. Meetings of GRANTEE that pertain to the receipt or expenditure of Grant funds from the City are subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE will provide agendas for meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk’s office no later than 72 working hours prior to meeting for notice on the City’s official posting board and any other sites deemed reasonable by the Clerk’s office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk’s office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk’s office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk’s office but shall be handled in accordance with the City Clerk’s regular executive session protocol and kept private in a secured cabinet. 30 FY 2024 Montana State University Innovation Campus – Planning Grant Agreement b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopts for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney-client relationship between GRANTEE and the City. 14.Attorney’s Fees and Costs. In the event it becomes necessary for a 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, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 15.Integration and Modification. This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 16.Dispute Resolution a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 17.No Assignment. GRANTEE may not subcontract or assign GRANTEE’s rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 18.No Third-Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each party and their respective successors and assigns. It is not the parties’ intent to confer third party beneficiary rights upon any other person or entity. 31 FY 2024 Montana State University Innovation Campus – Planning Grant Agreement 19.Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 20.Non-Waiver. A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 21.Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 22.Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. 23.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 have executed this instrument the day and year indicated below. _______________________ Date: __________ Chuck Winn, Interim City Manager City of Bozeman _______________________ Date: __________ Mark Sharpe, Executive Director Montana State University Innovation Campus Approved as to form: _______________________ Date: __________ Greg Sullivan, City Attorney City of Bozeman 32 SOUTH BOZEMAN TECHNOLOGY DISTRICT FY2024 ANNUAL REPORT and FY2025 and FY2026 WORK PLAN AND BUDGET New Mission and Vision for the MontanaState University Innovation Campus The Mission ofthe Montana State University Innovation Campus is: •To promote economic development and support partnerships between regional, national,and international high tech-based businesses and the research community of Montana State, the region,and the State of Montana. •To create a world-class research park to promote academic and industry collaboration to advance research and scientific discoveries with Montana State University Faculty and Students that will maximize the academic talent and regional resources of Montana State University,the region,and the State of Montana. •To promote learning and collaboration in support ofscientific research, new discoveries,and inventions to further the commercialization of Montana State University’s intellectual assets and technology transfer. •To provide state-of-the-art facilities,programs,services,and amenities to support the growth and success of technology-based businesses. •To provide ‘the place''to link academic,private, and governmental researchers and scientists to advance new discoveries in support ofthe Citizens within the State of Montana,the nation,and the world. The Vision ofthe Montana State University Innovation Campus is: Tobe recognized as the 'the place' that provides a unique community to connect people and support public private partnerships to stimulate new ideas, push forward the advancement of research and science, and produce new discoveries and technologies that will transform the world. 33 South Bozeman Technology District (SBTD) FY2024 Annual Report (July 1, 2023 to June 30, 2024) Highlights of investments over $15,000 are documented below. $0 were expended in the SBTD in FY 2024 in contracted services. 34 South Bozeman Technology District (SBTD) FY2025 Work Plan (July 1, 2024 to June 30, 2025) Other/General $96,100 Currently one building is complete and operational on the Innovation Campus (IC), the Advanced Research Lab (ARL). Two additional buildings are currently under construction, the 80,000 sq ft Industry Building and the 78,000 sq ft Aurora Building. A fourth building is under negotiations. On March 19, 2024 the MSUIC received approval of their Planned Development Zone (PDZ) application. Staff is requesting budget authority to spend up to $47,600 of existing cash-on-hand to move projects and development agreements forward in the District. These funds could also be devoted to the design or construction of public infrastructure that serves the District. Development Agreement with Big Sky ICINF, LLC $3,599,178* Please note that there is currently a development agreement, adopted pursuant to Resolution 5420, with Big Sky ICINF, LLC to reimburse the developer for the construction of public infrastructure related to the construction of two buildings within the District on the MSU Innovation Campus. The development agreement is not a guarantee of reimbursement or bonding for reimbursement. Road network infrastructure is complete on the Innovation Campus. Once the buildings are complete, a tax generation analysis will determine if the debt coverage ratio exists to bond for reimbursement to the developer for the improvements. *A budget amendment related to expenditure of bond proceeds is likely in this fiscal year. South Bozeman Technology District (SBTD) FY2026 Work Plan (July 1, 2025 to June 30, 2026) Other/General $101,100 We recommend appropriating the entirety of expected increment to be responsive to opportunities. There is an existing development agreement to issue bonds for infrastructure that is already constructed, once the District meets a specified debt coverage ratio. 35 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the Mayor to Sign a Project Management Plan for the State-Local Infrastructure Partnership Act of 2023 (SLIPA) for the 12th, 13th, and 14th Avenue Water Renovations and the Olive Street Mill and Overlay Project MEETING DATE:July 9, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the Mayor to Sign a Project Management Plan for the State-Local Infrastructure Partnership Act of 2023 (SLIPA) for the 12th, 13th, and 14th Avenue Water Renovations and the Olive Street Mill and Overlay Project STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:On April 22nd, 2024 the City of Bozeman was awarded grant funding through the State-Local Infrastructure Partnership Act of 2023 (SLIPA) which provides grants to eligible municipalities for infrastructure projects in Montana through House Bill 355. City SLIPA projects include the following: a street maintenance mill and overlay project on Olive Street from South 8th Avenue to South Willson Avenue and a water renovation project on South 12th, 13th, and 14th Avenues between College Street and Koch Street. The grant is administered by the Montana Department of Commerce and requires that certain conditions are met to receive funding on a reimbursement basis. One condition of the grant is that the City must draft a project management plan to be signed by the "Chief Elected Official". Staff seeks authorization for the Mayor to sign as Chief Elected Official. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The2024 Street Improvements Project was awarded at a total project cost of $1,912,430.22, of which the Olive Street Mill and Overlay accounts for $165,048.40 and is the amount of SLIPA funding received. The required 25% match of these costs will be paid for from the City's FY25 Street Maintenance Fund. The 12th, 13th, and 14th Avenue Water Renovations total project cost is 36 $1,781,578.00. The funding split will be: $1,334,325.40 (W04) Water Pipe Replacement Fund and $447,252.60 House Bill 355 Grant Funding. The required 25% match of these costs will be paid for from the City's FY25 Water Fund. Attachments: Project Management Plan - 12th, 13th, 14th.doc Project Management Plan - Olive.doc Report compiled on: June 21, 2024 37 Montana Department of Commerce Project Administration Manual State-Local Infrastructure Partnership Act Management Plan I.Administrative Structure The City of Bozeman is an incorporated city with a Mayor-Council form of government. The following persons will have lead responsibility for administering the City's FY 25 State-Local Infrastructure Partnership Act (SLIPA) public facilities project for Street improvements: Mayor Terry Cunningham, as the City's chief elected official will have responsibility for all official contacts with the Commerce. The Mayor and City Council will have ultimate authority and responsibility for the management of project activities and expenditure of SLIPA funds. The approval of all contracts and request for reimbursements will be the responsibility of the City Council. Phone: (406) 595-3295, https://www.bozeman.net/departments/city-commission/contact- us. Melissa Hodnett, Finance Director, as the City's chief financial officer, will be responsible for management of, and record keeping for, the SLIPA funds and other funds involved in the financing of the street improvements project. Phone: (406)582-2318, Email:mhodnett@bozeman.net. Jamie Grabinski, Grants Coordinator, will be responsible for payment requests, preparing requests, status of funds reports, and invoice tracking for the project. Phone: (406)282-2364 Email: jgrabinski@bozeman.net Nicholas Ross, Director of Transportation and Engineering, will be designated as Grant Manager and be responsible for overall grant management and assuring compliance with applicable federal and state requirements for the SLIPA project. The Grant Manager will serve as the City's liaison with Department for the project. One-fourth of this position's time will be devoted to SLIPA administration during the term of the project. Phone: (406) 582-2315 Email:nross@bozeman.net Greg Sullivan, City Attorney, as the City's legal counsel, will review and advise the Mayor and Council regarding any proposed contractual agreements associated with the SLIPA project and provide any other legal guidance as requested. Phone: (406) 582-2311, Email: gsullivan@bozeman.net 38 Montana Department of Commerce Project Administration Manual State-Local Infrastructure Partnership Act Karl Johnson, Project Engineer, will be responsible for construction-related activities including preparation of preliminary engineering, final design plans and specifications, as well as construction inspection. Contractor compliance, scheduling, and payment requests will also be subject to the Project Engineer's review and approval. Phone: (406) 582-2281, Email: kajohnson@bozeman.net II.Grant Management A.The Grant Manager will be responsible for: 1.Compliance with any applicable environmental requirements. 2.Assisting the Grant Recipient with all requirements related to effective project start-up and implementation and developing a contract with Department. 3.Preparing any legal notices required to be published, and processing and conducting any required public hearings or informational meetings. 4.Establishing and maintaining complete and accurate project files and preparing all documentation and reports incidental to administration of the grant. 5.Assisting the Grant Recipient with selection of the Project Engineer, in conformance with procurement requirements, including the preparation of requests for proposals for publication or other distribution. 6.Reviewing all proposed project expenditures or requests for payment to ensure their propriety and proper allocation of expenditures to the SLIPA budget. 7.In cooperation with the Finance Director, processing payment requests and preparing requests for reimbursement to the Department, including the Request for Payment, Status of Funds Report, Invoice Tracking Spreadsheet and the Project Progress Report. 8.Monitoring the contractor selection process, including the bid advertising, tabulation and award process and construction contract provisions in 39 Montana Department of Commerce Project Administration Manual State-Local Infrastructure Partnership Act conformance with applicable laws. 9.Attending the preconstruction conference and monthly construction progress meetings. 10.Monitoring contractor compliance with applicable requirements. 11.Assuring compliance with all state labor standards requirements. Responsibilities will include the review of weekly payroll reports to assure compliance with state prevailing wage requirements; periodic visits to the construction site to assure that required equal opportunity, labor standards, and prevailing wage determinations have been posted; and conducting on- site interviews with construction personnel to assure prevailing wage compliance. 12.Assuring compliance with applicable equal opportunity requirements. 13.Preparing all required performance reports and project closeout documents for submittal to the Commerce. 14.Attending Council meetings to provide project status reports and representing the SLIPA project at any other public meetings, as deemed necessary by the local officials. 15.Receiving official project complaints and ensuring that complaints are reasonably addressed in a timely manner. B.The Project Engineer will be responsible for: 1.Design and construction engineering. 2.Preparation of the construction bid package in conformance with applicable requirements and supervision of the bid advertising, tabulation, and award process, including the preparation of the advertisements for bid solicitation, conducting the bid opening, and issuance of the notice to proceed. 3.Conducting the preconstruction conference, with the assistance of the grant 40 Montana Department of Commerce Project Administration Manual State-Local Infrastructure Partnership Act manager. 4.Supervision of construction work and preparation of inspection reports. 5.Reviewing and approving all contractor requests for payment and submitting the approved requests to the Grant Recipient. III.Financial Management A.The Finance Director’s financial responsibilities will be as follows: 1.Managing the transfer of SLIPA funds from Commerce to the grant recipient's bank account and disbursing SLIPA funds based on claims and supporting documents approved by the grant manager, project engineer, and contractor. 2.Entering all project transactions into the Grant Recipient’s existing accounting system, and preparing checks/warrants for approved expenditures. 3.With the assistance of the Grant Manager, preparing the Request for Payment and accompanying reimbursement reports and documentation to be submitted to Commerce. 4.With the assistance of the Grant Manager, preparing the final financial reports for project closeout. B.The Grant Manager and Finance Director will review all proposed expenditures of SLIPA funds and will prepare requests for reimbursement, which will be signed by the officials cited in the signatory form. All disbursements will be handled in accordance with the Grant Recipient's established claim review procedures. Before submitting the claim to the Clerk-Treasurer, the Grant Manager will attach a certification to each claim stating that the proposed expenditure is an eligible expense of the Grant Recipient's SILPA project and consistent with the project budget. The Council will review all claims before approving them. C.Financial record keeping will be done in conformance with state law. The original 41 Montana Department of Commerce Project Administration Manual State-Local Infrastructure Partnership Act financial documents (claims with attached supporting material) will be retained in the Grant Recipient's offices. D.Appropriate documentation of administrative costswill be maintained by the Grant Manager and the Finance Director to document all time worked on the SLIPA project that will be compensated with SLIPA funds. This management plan has been approved by the Grant Recipient, ________________ and the individuals named within have been informed of the responsibilities stated within this plan. Chief Elected Official Signature Date 42 Montana Department of Commerce Project Administration Manual State-Local Infrastructure Partnership Act Management Plan I.Administrative Structure The City of Bozeman is an incorporated city with a Mayor-Council form of government. The following persons will have lead responsibility for administering the City's FY 25 State-Local Infrastructure Partnership Act (SLIPA) public facilities project for Street improvements: Mayor Terry Cunningham, as the City's chief elected official will have responsibility for all official contacts with the Commerce. The Mayor and City Council will have ultimate authority and responsibility for the management of project activities and expenditure of SLIPA funds. The approval of all contracts and request for reimbursements will be the responsibility of the City Council. Phone: (406) 595-3295 https://www.bozeman.net/departments/city-commission/contact- us. Melissa Hodnett, Finance Director, as the City's chief financial officer, will be responsible for management of, and record keeping for, the SLIPA funds and other funds involved in the financing of the street improvements project. Phone: (406)582-2318 Email:mhodnett@bozeman.net. Jamie Grabinski, Grants Coordinator, will be responsible for payment requests, preparing requests, status of funds reports, and invoice tracking for the project. Phone: (406)282-2364 Email: jgrabinski@bozeman.net Nicholas Ross, Director of Transportation and Engineering, will be designated as Grant Manager and be responsible for overall grant management and assuring compliance with applicable federal and state requirements for the SLIPA project. The Grant Manager will serve as the City's liaison with Department for the project. One-fourth of this position's time will be devoted to SLIPA administration during the term of the project. Phone: (406) 582-2315 Email:nross@bozeman.net Greg Sullivan, City Attorney, as the City's legal counsel, will review and advise the Mayor and Council regarding any proposed contractual agreements associated with the SLIPA project and provide any other legal guidance as requested. Phone: (406) 582-2311 Email: gsullivan@bozeman.net 43 Montana Department of Commerce Project Administration Manual State-Local Infrastructure Partnership Act Kellen Gamradt, Project Engineer, will be responsible for construction-related activities including preparation of preliminary engineering, final design plans and specifications, as well as construction inspection. Contractor compliance, scheduling, and payment requests will also be subject to the Project Engineer's review and approval. Phone: (406) 582-2283 Email: kgamradt@bozeman.net II.Grant Management A.The Grant Manager will be responsible for: 1.Compliance with any applicable environmental requirements. 2.Assisting the Grant Recipient with all requirements related to effective project start-up and implementation and developing a contract with Department. 3.Preparing any legal notices required to be published, and processing and conducting any required public hearings or informational meetings. 4.Establishing and maintaining complete and accurate project files and preparing all documentation and reports incidental to administration of the grant. 5.Assisting the Grant Recipient with selection of the Project Engineer, in conformance with procurement requirements, including the preparation of requests for proposals for publication or other distribution. 6.Reviewing all proposed project expenditures or requests for payment to ensure their propriety and proper allocation of expenditures to the SLIPA budget. 7.In cooperation with the Finance Director, processing payment requests and preparing requests for reimbursement to the Department, including the Request for Payment, Status of Funds Report, Invoice Tracking Spreadsheet and the Project Progress Report. 8.Monitoring the contractor selection process, including the bid advertising, tabulation and award process and construction contract provisions in 44 Montana Department of Commerce Project Administration Manual State-Local Infrastructure Partnership Act conformance with applicable laws. 9.Attending the preconstruction conference and monthly construction progress meetings. 10.Monitoring contractor compliance with applicable requirements. 11.Assuring compliance with all state labor standards requirements. Responsibilities will include the review of weekly payroll reports to assure compliance with state prevailing wage requirements; periodic visits to the construction site to assure that required equal opportunity, labor standards, and prevailing wage determinations have been posted; and conducting on- site interviews with construction personnel to assure prevailing wage compliance. 12.Assuring compliance with applicable equal opportunity requirements. 13.Preparing all required performance reports and project closeout documents for submittal to the Commerce. 14.Attending Council meetings to provide project status reports and representing the SLIPA project at any other public meetings, as deemed necessary by the local officials. 15.Receiving official project complaints and ensuring that complaints are reasonably addressed in a timely manner. B.The Project Engineer will be responsible for: 1.Design and construction engineering. 2.Preparation of the construction bid package in conformance with applicable requirements and supervision of the bid advertising, tabulation, and award process, including the preparation of the advertisements for bid solicitation, conducting the bid opening, and issuance of the notice to proceed. 45 Montana Department of Commerce Project Administration Manual State-Local Infrastructure Partnership Act 3.Conducting the preconstruction conference, with the assistance of the grant manager. 4.Supervision of construction work and preparation of inspection reports. 5.Reviewing and approving all contractor requests for payment and submitting the approved requests to the Grant Recipient. III.Financial Management A.The Finance Director’s financial responsibilities will be as follows: 1.Managing the transfer of SLIPA funds from Commerce to the grant recipient's bank account and disbursing SLIPA funds based on claims and supporting documents approved by the grant manager, project engineer, and contractor. 2.Entering all project transactions into the Grant Recipient’s existing accounting system, and preparing checks/warrants for approved expenditures. 3.With the assistance of the Grant Manager, preparing the Request for Payment and accompanying reimbursement reports and documentation to be submitted to Commerce. 4.With the assistance of the Grant Manager, preparing the final financial reports for project closeout. B.The Grant Manager and Finance Director will review all proposed expenditures of SLIPA funds and will prepare requests for reimbursement, which will be signed by the officials cited in the signatory form. All disbursements will be handled in accordance with the Grant Recipient's established claim review procedures. Before submitting the claim to the Clerk-Treasurer, the Grant Manager will attach a certification to each claim stating that the proposed expenditure is an eligible expense of the Grant Recipient's SILPA project and consistent with the project budget. The Council will review all claims before approving them. 46 Montana Department of Commerce Project Administration Manual State-Local Infrastructure Partnership Act C.Financial record keeping will be done in conformance with state law. The original financial documents (claims with attached supporting material) will be retained in the Grant Recipient's offices. D.Appropriate documentation of administrative costswill be maintained by the Grant Manager and the Finance Director to document all time worked on the SLIPA project that will be compensated with SLIPA funds. This management plan has been approved by the Grant Recipient, ________________ and the individuals named within have been informed of the responsibilities stated within this plan. Chief Elected Official Signature Date 47 Memorandum REPORT TO:City Commission FROM:Josh Waldo, Fire Chief SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement (PSA)with Center for Public Safety Excellence (CPSE) for Technical Advisory Program (TAP) Services with a Community Driven Strategic Plan for the Fire Department MEETING DATE:July 9, 2024 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement (PSA)with Center for Public Safety Excellence (CPSE) for Technical Advisory Program (TAP) Services with a Community Driven Strategic Plan for the Fire Department. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The fire department continues it's work toward achieving third party international accreditation. As part of this process the fire department is required to maintain a strategic plan. The current fire department strategic plan expires at the end of 2024. The fire department is looking to complete a community driven strategic plan for 2025 - 2027 and this professional services agreement will provide technical assistance in that process from the Center for Public Safety Excellence. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission FISCAL EFFECTS:Total cost of services is $16,284.00 Attachments: PSA with CPSE for technical assistance with CDSP.pdf Report compiled on: May 10, 2024 48 Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2024 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Center for Public Safety Excellence (CPSE), hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30th day of March, 2025, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Contractor agrees to be bound by its responses to the City’s Cloud Questions, 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 Contractor’s performance. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 49 Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 2 of 12 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. 50 Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 3 of 12 In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, 51 Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 4 of 12 recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically 52 Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 5 of 12 assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. 53 Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 6 of 12 c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for Convenience: a. Should conditions arise which, in the opinion and discretion of the City or the Contractor, make it advisable to the other party to cease performance under this Agreement, either party may terminate this Agreement by written notice to the other party (“Notice of Termination for Convenience”) with 30 days notice. The termination shall be effective in the manner specified in the Notice of Termination for Convenience and shall be without prejudice to any claims that one party may otherwise have against the other. b. Upon receipt of the Notice of Termination for Convenience, unless otherwise directed in the Notice, the other party shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to both parties. Parties shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, 54 Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 7 of 12 Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be the Fire Chief or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Brian Dean or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 55 Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 8 of 12 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of 56 Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 9 of 12 and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 57 Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 10 of 12 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the 58 Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 11 of 12 date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than June 30, 2023. 32. Force Majeure: Neither party shall not be held responsible for delay or failure to perform its obligations under this Agreement when such delay in or failure to perform is solely caused by or results from events or circumstances beyond the Party’s reasonable control, including but not limited to fire, floods, earthquakes, riot, acts of God or war, civil unrest, major weather event (e.g., tornado, blizzard, etc.), epidemics, pandemics or outbreak of communicable disease, and quarantines. Notwithstanding the above, the Parties agree to use reasonable commercial efforts to avoid or mitigate the causes to minimize the delay or failure to perform and resume work when the cause is mitigated. The Parties must provide the other with prompt written notice of any delay or failure to perform that occurs by reason of force majeure. In addition, the Party seeking relief under this Section must use all commercially reasonable efforts to complete the work. If unable to avoid, mitigate, or remedy the cause, and if the Party requesting relief under this section desires to terminate its performance, that Party must notify the other in writing no earlier than 30 (thirty) days of the Party’s intent to end the work, Nothing herein obviates the non-terminating Party from seeking reimbursement for costs or expenses from the terminating Party related to this Agreement. **** 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 CENTER FOR PUBLIC SAFETY EXCELLENCE By Chuck Winn, Interim City Manager By Print Name: Print Title: 59 Professional Services Agreement for Center for Public Safety Excellence Technical Advisory Program Page 12 of 12 APPROVED AS TO FORM: By Greg Sullivan, Bozeman City Attorney 60 Exhibit A 61 info@cpse.org – 703-691-4620 – www.cpse.org Community-Driven Strategic Plan Proposal to Bozeman Fire Department 300 East Oak Street Bozeman, Montana 59715 Josh Waldo, CFO Fire Chief July 1, 2024 62 COMMUNITY-DRIVEN STRATEGIC PLAN PROPOSAL Page 2 of 7 CONTENTS THE CPSE DIFFERENCE ........................................................................................................................................ 3 SCOPE ......................................................................................................................................................................... 3 PROJECT FRAMEWORK ........................................................................................................................................ 4 PROJECT TIMELINE ............................................................................................................................................... 4 DELIVERABLES ........................................................................................................................................................ 5 CPSE RESOURCES .................................................................................................................................................... 5 ESTIMATED FEES AND EXPENSES ..................................................................................................................... 6 ASSUMPTIONS ......................................................................................................................................................... 6 INQUIRIES ................................................................................................................................................................. 6 SAMPLE STATEMENT OF WORK ....................................................................................................................... 7 63 COMMUNITY-DRIVEN STRATEGIC PLAN PROPOSAL Page 3 of 7 THE CPSE® DIFFERENCE The mission of the Center for Public Safety Excellence® is: “To lead the fire and emergency service to excellence through the continuous quality improvement process of accreditation, credentialing, and education.” By teaching, coaching, guiding, and advising, CPSE’s Technical Advisor Program (TAP) strives to provide agencies the tools to internalize continuous quality improvement and thereby achieve excellence. TAP places great importance on thorough preparation for each project including: • A clear understanding of the agency’s background, goals and objectives, and the complex issues they are facing, • A workplan that is comprehensive, well designed, and provides ample opportunity for stakeholder input, • Sufficient resources and a commitment to successfully complete the project within the desired time frame at a reasonable cost, and • A commitment to support the agency after the Strategic Plan is adopted. TAP uses contemporary methods and enlists energetic and positive individuals to help facilitate agency work. Our advisors personalize their approach and garner candid feedback from stakeholders while putting stakeholders at ease. The end result is a truly strategic rather than tactical plan. SCOPE The purpose of a strategic plan is to identify and provide a process that envisions the future by accomplishing organizational visions. A well-crafted strategic plan, guided by good management, and executed by committed personnel will translate to improved effectiveness, efficiency, and better quality of services being delivered. CPSE believes the most successful strategic planning efforts involve both internal and external stakeholders. The Community-Driven Strategic Plan Facilitation process typically takes 60 to 90 days and includes: • Utilization of previously gathered community feedback on community expectations, concerns, and priorities, • A three-day, in-person work session with agency stakeholders to integrate community feedback into their mission, vision, and values, and • A professionally formatted and published document encompassing strategic initiatives, goals, objectives, critical tasks, and performance measures. Expected outcomes include a strategic plan that will: • Address the organization’s mission, vision, and values • Be achievable, measurable, and responsive to changing community needs • Be easily reviewed and modified to meet the changing internal and external needs of the agency • Build upon community partnerships and enhance the ability to harmonize the goals of the agency with the community’s identified needs • Encourage and embrace involvement, participation, and teamwork • Establish strategic initiatives Give a man a fish and you feed him for a day. Teach a man to fish and you feed him for a lifetime. 64 COMMUNITY-DRIVEN STRATEGIC PLAN PROPOSAL Page 4 of 7 • Establish goals, objectives, performance measures, and an implementation strategy corresponding to the strategic initiatives • Focus on critical issues and needs of internal and external stakeholders • Provide a basis for improving efficiency, effectiveness, and service deliverables PROJECT FRAMEWORK CPSE will take a systematic approach to the agency’s planning process. The chart below illustrates the general flow of events for a comprehensive strategic planning process: PROJECT TIMELINE There will be four stages to this project. Once this proposal is accepted, a detailed statement of work (SOW) will be built that addresses the details for these stages, their timing, and the roles that CPSE and the agency will play in their completion. A sample SOW is provided at the end of this proposal. Once a signed professional services agreement (PSA) and a finalized SOW is received, CPSE can begin work on this project within 30 days and complete the project within another 30 to 60 days for a total project time of 60 to 90 days. 1. Project executive orientation 2. Agency stakeholders work sessions a. Develop goal, objectives, and performance measures 65 COMMUNITY-DRIVEN STRATEGIC PLAN PROPOSAL Page 5 of 7 b. Develop an implementation strategy 3. Strategic plan publication DELIVERABLES CPSE is responsible for the following deliverables: 1. Development of a project work plan 2. Identification and coordination of stakeholders 3. Facilitation of on-site work sessions involving stakeholders 4. Status reports, as deemed necessary by the agency 5. Provision of an executive orientation session 6. Provision of all necessary forms 7. Findings from surveys, interviews, questionnaires, and facilitation 8. A technically and professionally competent strategic plan, that includes: a. Mission b. Vision c. Guiding values or principles d. Community expectations, concerns, and positive feedback e. Prioritization of programs/services f. Environmental scan g. Identified critical issues and service gaps h. Strategic initiatives i. Planned outcomes j. Goals, objectives, performance expectations k. Implementation strategies including areas of responsibility, critical tasks, and timelines 9. One (1) digital copy of the draft report for review of accuracy of obtained information 10. One (1) digital copy and ten (10) professionally bound copies of the final Strategic Plan 11. One (1) digital copy of the Management and Implementation Guide based on your agency’s work CPSE RESOURCES CPSE’s Technical Advisor Program Manager oversees every project to ensure that the end result of each project is a satisfied client whose expectations are fully met. Each project will also have an assigned Project Lead to facilitate the onsite work, a Project Advisor to assist with the internal stakeholder work session, and a TAP support specialist to ensure all materials are professionally prepared. 66 COMMUNITY-DRIVEN STRATEGIC PLAN PROPOSAL Page 6 of 7 ESTIMATED FEES AND EXPENSES CPSE has estimated the following fees and expenses for this project: The proposed cost for CPSE to facilitate the development of the Bozeman Fire Department‘s Community- Driven Strategic Plan is $19,800.00. Because there are savings that stem from CPSE facilitating the Bozeman Fire Departments CRA/SOC, CPSE is glad to extend those savings of $3,516 for a total proposed cost of $16,284.00. This total proposed cost includes all technical advisor time and travel expenses to facilitate one community stakeholder meeting (limited to no more than 75 people) and a three-day agency stakeholder work session (limited to no more than 36 people). These events will be scheduled during the same week. Any additional travel requested and approved by the Bozeman Fire Department will be billed by CPSE at actual cost and is above and beyond the proposed cost above. ASSUMPTIONS • The Bozeman Fire Department is a municipal fire service agency that protects the residents, businesses, and visitors of the City of Bozeman, Montana. • Josh Waldo, Fire Chief is the key contact for this project. • Please provide information regarding specific procurement requirements prior to the issue of a professional services agreement. • The purpose of CPSE’s Technical Advisor Program (TAP) is to coach, mentor, guide, and assist fire service agencies. Agency representatives will play an active role in developing their community-driven strategic plan. • This proposal is valid for a period of sixty (60) days. • CPSE and the Bozeman Fire Department will execute a professional services agreement prior to the start of this project. • CPSE and the Bozeman Fire Department will execute a statement of work governed by the professional services agreement prior to the start of this project that will be the sole document to govern the scope, methods, terms, and deliverables of this project. INQUIRIES Please contact CPSE with any inquiries regarding this proposal: Brian R Dean, CFO Technical Advisor Program Manager Center for Public Safety Excellence 1900 Reston Metro Plaza, Suite 600 Reston, VA 20190 Office: (703) 691-4620 Direct: (703) 219-8166 Email: bdean@cpse.org 67 COMMUNITY-DRIVEN STRATEGIC PLAN PROPOSAL Page 7 of 7 SAMPLE STATEMENT OF WORK Contract Price: $16,284.00 Project Steps Step Details Step Timing Step Responsibility Step Billing 1. Project Acceptance • Finalized statement of work • Signed professional services agreement • Construction of shared Site • Identification of CPSE and agency project points of contact By TBD CPSE and Bozeman Fire Department (1/6) of contract price 2. Project Executive Orientation • Discussion of final SOW and identification of resources need for each step • Overview of Shared Site By TBD CPSE N/A 3. Post Required Materials to Shared Site • Agency primary contact information • Agency and community images, including high resolution agency logo • Agency current mission and values, if available • Agency organizational chart • Agency background information, as available By TBD Bozeman Fire Department N/A 4. Invite Stakeholders • Invite identified agency stakeholders and schedule the work session By TBD Bozeman Fire Department N/A 5. Post Required Materials to Shared Site • List of agency stakeholders with rank/title and assignment (shift, station, etc.) By TBD Bozeman Fire Department N/A 6. Agency Stakeholder Work Session • Review input from community stakeholders • Develop, revise or update mission statement • Develop, revise or update value statements • Establish core programs and support services • Conduct an environmental scan • Identify critical issues and service gaps • Determine strategic initiatives with outcomes expected • Develop goals, objectives, and critical tasks • Develop, revise or update vision statement TBD through TBD CPSE (4/6) of contract price 7. Draft Report Published • Draft uploaded to shared site for agency review By TBD CPSE N/A 8. Review of Draft Report • Edits to draft report completed via Shared Site By TBD Bozeman Fire Department N/A 9. Strategic Plan Finalized • Approval of final draft By TBD Bozeman Fire Department N/A 10. Strategic Plan Issued • Delivery of one digital and ten (10) hard copies of the finalized Strategic Plan. • Delivery of one digital Management and Implementation Guide By TBD CPSE (1/6) of contract price 68 Appendix A: Community-Driven Strategic Planning Statement of Work By: July 31, 2024 Contract Price: $16,284.00 Project Steps Step Details Step Timing Step Responsibility Step Billing 1. Project Acceptance • Finalized statement of work • Signed professional services agreement • Construction of shared Site • Identification of CPSE and agency project points of contact By Thursday, August 1, 2024 CPSE and Bozeman Fire Department $2,714.00 2. Project Executive Orientation • Discussion of final SOW and identification of resources need for each step • Overview of Shared Site By Friday, September 6, 2024 CPSE N/A 3. Post Required Materials to Shared Site • Agency primary contact information • Agency and community images, including high resolution agency logo • Agency current mission and values, if available • Agency organizational chart • Agency background information, as available By Monday, September 16, 2024 Bozeman Fire Department N/A 4. Invite Stakeholders • Invite identified agency stakeholders and schedule the work session By Monday, September 30, 2024 Bozeman Fire Department N/A 5. Post Required Materials to Shared Site • List of agency stakeholders with rank/title and assignment (shift, station, etc.) By Thursday, October 10, 2024 Bozeman Fire Department N/A 6. Agency Stakeholder Work Session • Review input from community stakeholders • Develop, revise or update mission statement • Develop, revise or update value statements • Establish core programs and support services • Conduct an environmental scan • Identify critical issues and service gaps • Determine strategic initiatives with outcomes expected • Develop goals, objectives, and critical tasks • Develop, revise or update vision statement Monday, October 14, 2024 through Wednesday, October 16, 2024 CPSE $10,856.00 7. Draft Report Published • Draft uploaded to shared site for agency review By Monday, October 28, 2024 CPSE N/A 8. Review of Draft Report • Edits to draft report completed via Shared Site By Friday, November 29, 2024 Bozeman Fire Department N/A 9. Strategic Plan Finalized • Approval of final draft By Monday, December 9, 2024 Bozeman Fire Department N/A 10. Strategic Plan Issued • Delivery of one digital and ten (10) hard copies of the finalized Strategic Plan. • Delivery of one digital Management and Implementation Guide By Friday, December 20, 2024 CPSE $2,714.00 69 Appendix A: Community-Driven Strategic Planning Statement of Work By: July 31, 2024 Acceptance: City of Bozeman, Montana Initials of Authorized Party: _____________________________ Center for Public Safety Excellence (CPSE) Initials of Authorized Party: Debbie Sobotka, COO 70 Memorandum REPORT TO:City Commission FROM:Tyler Cummins, SCADA Manager Shawn Kohtz, Utilities Director SUBJECT:Authorize the City Manager to sign a Professional Services Agreement for the upgrade of the Water Treatment Plant Supervisory Control and Data Acquisition (SCADA) System MEETING DATE:July 9, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Professional Services Agreement for the upgrade of the Water Treatment Plant SCADA System. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The water treatment plant (WTP) is currently running a software system platform from version 2014 which is at the end of its product support lifecycle. WTP has budgeted to have the platform upgraded to version 2023 (the newest version). This will extend product support until 2034 and ensure the WTP is receiving the latest security updates, bug fixes and technical support. UNRESOLVED ISSUES:None. ALTERNATIVES:Do nothing. FISCAL EFFECTS:This upgrade is budgeted for in the WTP Operating budget. The cost will be $33,000 non-recurring. Staff obtained two quotes for the work, which meets the City procurement policy. Q-Mation provided the lowest quote. Attachments: PSA QMation-1.pdf Exhibit A.pdf Report compiled on: June 18, 2024 71 Professional Services Agreement with Q-mation Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of June, 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, Q-mation, Inc. 425 Caredean Drive Horsham, PA 19044, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Statement of Work attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon when fully executed and will expire one (1) year from the date of the agreement, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Exhibit A. For conflicts between this Agreement and Exhibit A, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in Exhibit A. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in Exhibit A. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the 12th 72 Professional Services Agreement with Q-mation Page 2 of 11 Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in 73 Professional Services Agreement with Q-mation Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 74 Professional Services Agreement with Q-mation Page 4 of 11 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 75 Professional Services Agreement with Q-mation Page 5 of 11 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the 76 Professional Services Agreement with Q-mation Page 6 of 11 Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be _____Tyler Cummins____________ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _____________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed B ill B u llo tta 77 Professional Services Agreement with Q-mation Page 7 of 11 to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). 78 Professional Services Agreement with Q-mation Page 8 of 11 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term 79 Professional Services Agreement with Q-mation Page 9 of 11 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 80 Professional Services Agreement with Q-mation Page 10 of 11 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 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 Q-MATION CONTRACTOR By________________________________ By__________________________________ Chuck Winn, InCity Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: B ill B u llo tta V ic e P re s id e n t 81 Professional Services Agreement with Q-mation Page 11 of 11 By_______________________________ Greg Sullivan, Bozeman City Attorney 82 Statement of Work The information in the document is confidential and shall only be shared between recipient and Q-mation. Confidential Customer City of Bozeman Water Treatment Plant 814 N Bozeman Ave Bozeman, Montana 59715 Project Name WTP Upgrade Date and Proposal ID 04/17/2024 QUOTE-BOZ20240417-SOW Customer Project Owner Bradley Thompson (406) 579-3309 bthomspon@bozeman.net Q-mation Sales Manager Mike Thomas Q-mation Services Manager Mike Wagner Q-mation Proposal Author Mike Wagner/Shannon Asselin Version History 1.0 – Initial Draft 1. Basis for Proposal The City of Bozeman has requested that Q-mation upgrade their Water Treatment (WTP) galaxy. An initiative driving the upgrade is the support lifecycle of the system as the older Wonderware software has already matured into Extended Support. By upgrading Microsoft Windows and AVEVA software, this will provide longer term mainstream support. Recently Q-mation completed a deep dive analysis and galaxy review and information acquired from that engagement will be utilized in completing this document. Q-mation is proposing to provide full services to complete the galaxy upgrade project and will dedicate an Application Consultant with expertise in System Platform design approach and application real-time behavior. 2. Solution Summary 2.1 Installation, Upgrade, and Deployment of the Galaxy Bozeman will provide new hardware and virtual machines to be used for the upgrade project. The setup effort will be done in parallel with the existing system to minimize downtime and risk. Q- mation will install the software components of AVEVA System Platform version 2023 across the various nodes (see section 2.4 for details). After install, Q-mation will license the various servers via AVEVA License Manager with AVEVA software licenses based on the desired architecture shown in section 2.4. 83 Statement of Work The information in the document is confidential and shall only be shared between recipient and Q-mation. Confidential Upon installation, Q-mation will upgrade the existing galaxy to AVEVA System Platform version 2023. The galaxy includes one InTouch View applications which will be inherently upgraded and will maintain their current resolution. Once the galaxy is upgraded and restored to the new Galaxy Repository node, Q-mation will deploy the necessary App Engines, Objects, and View Engines to the various nodes for testing and validation. The InTouch view applications will be distributed to their corresponding client machines. The upgrade effort also includes migrating and restoring the Runtime database to the upgraded Historian node. Once the runtime database has been migrated the historian blocks will be moved to the new server to preserve the data. Lastly, Q-mation will convert the existing DAS I/O configurations to utilize the AVEVA OI Server drivers. 2.2 Galaxy Modifications When upgrading from older versions of System Platform the Galaxy needs to undergo some rework. The base template libraries will either be disabled, removed, or ensured that they are not interfering with the functionality of the AVEVA System Platform 2023 software. If there are any field attributes in the galaxy those will be converted to attributes. All platforms, engines and suitelink objects will be modified to look at the new computer names, new OI device drivers and the new historian. These changes are required to ensure a successful upgrade of the project. 2.3 Testing and Go Live Support Q-mation will help during testing and Go Live of the upgraded system. Testing will be performed in parallel with the existing system where possible. The goal of testing will be to verify communication to the I/O devices and ensure end user experience has not been altered and is working as expected. Q-mation will continue providing Go Live support to stabilize the system in case of an unexpected issue occurring. 2.4 Solution Topology The following diagram is a visualization of the WTP architecture proposed for this project. Note that there will also be a development machine built along side to allow for development changes within the integrated development environment (IDE). 84 Statement of Work The information in the document is confidential and shall only be shared between recipient and Q-mation. Confidential 3. Project Scope Q-mation will provide full services for the City of Bozeman System Platform Galaxy upgrade project: 3.1 Install and configure AVEVA System Platform version 2023 components as depicted in section 2.4 of the proposal. This also includes configuring the AVEVA License Manager and licensing the various AVEVA licenses across the new nodes. 3.2 Upgrade one system the WTP to version 2023. 3.3 Convert the View Application maintaining the original application resolution for both applications. 3.4 Convert the DAS I/O configuration to utilize the AVEVA OI Server drivers. 3.5 Modify platforms, engines and suitelink objects will be to point at the new computer names, new OI device drivers and the new historian that have been installed. 3.6 Rework the base template libraries so they are either disabled, removed, or ensured that they are not interfering with the functionality of the AVEVA System Platform 2023 software. 3.7 Convert any field attributes in the galaxy to attributes. 3.8 Migrate and restore existing configurations from System Platform to the upgraded 2023 installation. This includes: 85 Statement of Work The information in the document is confidential and shall only be shared between recipient and Q-mation. Confidential • Backup and restore Historian runtime database. • Deploy the upgraded Galaxy to the GR node. • Deploy the App Engines, Objects, and View Engines to the appropriate nodes. 3.9 Assist with migrating history blocks from old Historian to upgraded Historian. Q-mation will start this effort and demonstrate the steps for Bozeman to complete the data migration as the process can be lengthy depending on the amount of data needed to be migrated. 3.10 Create Disaster recovery documentation on how to back up system files, to be provided to Bozeman. 3.11 Test and verify components of the upgraded SCADA system. This includes both Q-mation internal testing, and final validation working alongside Bozeman. 3.12 Remote implementation and Go Live support of the upgraded system. 4. Assumptions, Clarifications, and Exclusions 4.1 Bozeman will provide appropriate remote access for installation, commissioning, and support of the project. Onsite accommodation can be made upon request. 4.2 Bozeman will provide adequate downtime for the upgrade system cutover if needed. Q- mation will work with Bozeman to limit downtime as much as possible. 4.3 Bozeman is responsible for the networking of the SCADA system. This includes ensuring PLC’s and AVEVA software are on a network(s) with communication capabilities. 4.4 Bozeman is responsible for the physical installation of all hardware. This includes ensuring space constraints are addressed for the new hardware. 4.5 Bozeman must provide Microsoft SQL Server Standard Edition to be used for the Galaxy Repository and Historian Server. 4.6 Bozeman is responsible for the transfer and licensing of any non-AVEVA software. Q-mation will assist with tasks necessary to get the system functional but Bozeman will bear the responsibility of maintaining third-party software, applications, and/or databases. 4.7 Q-mation will use the native AVEVA OI Server drivers for communication between the AVEVA software and the I/O. 4.8 Bozeman will provide an up-to-date backup of their galaxy for Q-mation to work with during the upgrade project. A code freeze will be in place during this time period. 4.9 Q-mation is not responsible for the PLC controls and coding. 4.10 Q-mation and Bozeman will agree upon a schedule at a project kick-off meeting. 4.11 Formal training is not provided with this quote and can be quoted separately if desired. 86 Statement of Work The information in the document is confidential and shall only be shared between recipient and Q-mation. Confidential 5. Approach & Schedule Q-mation will work with City of Bozeman to solidify a schedule for completion of the project. Q- mation will designate an Application Consultant who will be the primary point of contact throughout the project. The project will be identified as complete once the formal summary document is provided from Q-mation to City of Bozeman, except for clarifying questions pertaining to the findings. 6. Pricing Summary The table below includes all services and labor to complete the project and is a fixed price job. Please refer to Exhibit A for a Line-Item Summary of Costs. If travel is needed, travel costs (flights, car rental, overnight stay, and meals) will be billed at actual cost. Below is an estimate of travel expenses. The proposed price does not include applicable taxes. Tax exemption number must be on file or applicable taxes will be added. Variances to the scope defined in this proposal will be handled via change requests after approval from City of Bozeman. 6.1 Table of Engineering Services Part Number Product Description Price Q-SVCS Engineering and Consulting Services $28,000 6.2 Table of Estimated Travel Expenses Part Number Product Description Total Price Q-T&E Flights, car rental, overnight stay, and meals. (Actual cost) $5,000 6.3 Table of Payment Milestones Payment Milestone Total Price Upon acceptance of Purchase order 50% of Engineering Services Upon completion of Project 50% of Engineering Services 100% of Travel Expenses 87 Statement of Work The information in the document is confidential and shall only be shared between recipient and Q-mation. Confidential 7. Terms and Conditions Q-mation agrees to provide the project scope and deliverables as described. City of Bozeman agrees to reimburse Q-mation for the stipulated project price. The following terms and conditions also apply: • Services will be scheduled after acceptance of a valid PO. • Services will be invoiced based on table 6.3 above. • The services price does not include any expected travel and living expenses. Expenses will be invoiced at actual cost. • This Statement of Work is valid for 45 days from the date of issue. • Payment terms are Net 30 • Payments made by credit card will include a 2% surcharge. • Price does not include any applicable taxes. Tax exemption number must be on file or taxes will be added. • Project price assumes working normal business hours (8:30AM - 6:00PM) on normal business days (Monday - Friday). Any requested services outside of normal business hours will require separate pricing. Mail, Email or FAX a Purchase Order referencing this Proposal ID to: Q-mation, Inc. 425 Caredean Drive Horsham, PA 19044 Email: sales@q-mation.com Fax: (215) 675-9712 88 Statement of Work The information in the document is confidential and shall only be shared between recipient and Q-mation. Confidential Exhibit A: Line-Item Summary of Costs Each line item in this table will be a separate line item on the Purchase Order. Line Description P/N Price Qty Extended 1 Reference: QUOTE-Bozeman-20240405-SOW_v1 N/A N/A N/A N/A 2 Services & Labor (50% ARO) Q-SVCS $14,000 1 $14,000 3 Services & Labor (50% on Completion) Q-SVCS $14,000 1 $14,000 4 Estimated: Flights, car rental, overnight stay, and meals S-T&E $1 5,000 $5,000 Total: $33,000 89 Memorandum REPORT TO:City Commission FROM:Ben Bailey, Neighborhood Services & Code Compliance Program Manager Chuck Winn, Interim City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement for the Abatement of Weeds per the Bozeman Municipal Code MEETING DATE:July 9, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Professional Services Agreement for the abetment of weeds per the Bozeman Municipal Code. STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:Code Enforcement will use this company to mow vacant lots, trim around all utilities and curb stops. Clean cuttings from all sidewalks and street using leaf blowers. Cut any areas with bush trimmers uncuttable with tractor and cutter. Pictures will be taken before work begins and after it is completed. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by commission FISCAL EFFECTS:Cost of service is $125/hour Attachments: PSA_Mowing.2.pdf abatement psa weed_mowing fy25 26.pdf Report compiled on: June 24, 2024 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 24th day of June , 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, (Yb..rl<. Log°"-'D� Me lot Cot\5i- hereinafter referred to as "Contractor." The City and Contractor may be referred to individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 30th day of June 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. The specific area of work to be performed will be Vacant Lot Mowing. Description of work to be performed are as follows: Mow vacant lots, trim around all utilities and curb stops. Clean cuttings from all sidewalks and streets using leaf blowers. Cut any areas with brush trimmers uncuttable with tractor and cutter. Pictures will be taken before work begins and after it is completed. All equipment will be provided by Camelot Construction. All fuel and Maintenance costs to be provided by Camelot Construction. Rate of pay is $125/hour. All payments mailed to Mark Logan, 1897 Mount Ellis Lane, Bozeman. MT 59715. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services specified in the "Work Proposal" of Section 3, in the amount of$125/hr. Any alteration or deviation Professional Services Agreement for [Weed/Mowing Abatement Service] Page I of 12 105 from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5.Contractor's Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City's personnel policies handbook and may not be considered a City employee for workers' compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers' Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers' compensation coverage for all members and employees of Contractor's business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers' compensation coverage by an insurer licensed and authorized to provide workers' compensation insurance in the State of Montana; or (2) proof of exemption from workers' compensation granted by law for independent contractors. Professional Services Agreement for [Weed/Mowing Abatement Service] Page 2 of 12 106 In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney's fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor's agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor's agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Professional Services Agreement for [Weed/Mowing Abatement Service] Page 3 of 12 107 Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor's applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City's performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except "responsibility for [City's] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent" as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor's expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: •Workers' Compensation -statutory; •Employers' Liability -$1,000,000 per occurrence; $2,000,000 annual aggregate; •Commercial General Liability -$1,000,000 per occurrence; $2,000,000 annual aggregate; •Automobile Liability -$1,000,000 property damage/bodily injury per accident; and Professional Services Agreement for [Weed/Mowing Abatement Service] Page 4 of 12 108 •Professional Liability -$1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer's Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor's receipt of notice that any required insurance coverage will be terminated or Contractor's decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8.Termination for Contractor's Fault: a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor's right to proceed with all or any part of the work ("Termination Notice Due to Contractor's Fault"). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City's Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may Professional Services Agreement for [Weed/Mowing Abatement Service] Page 5 of 12 109 terminate this Agreement by written notice to Contractor ("Notice of Termination for City's Convenience"). The termination shall be effective in the manner specified in the Notice of Termination for City's Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City's Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately m progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City's Convenience. d.The compensation described in Section 9( c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10.Limitation on Contractor's Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor's damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. Professional Services Agreement for [Weed/Mowing Abatement Service] Page 6 of 12 110 11.Representatives and Notices: a.City's Representative: The City's Representative for the purpose of this Agreement shall be Benjamin R. Bailey or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City's Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Contractor's Representative: The Contractor's Representative for the purpose of this Agreement shall be Mark Logan or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor's Representative; provided, however, that in exigent circumstances when Contractor's Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party's address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party's Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. Professional Services Agreement for [Weed/Mowing Abatement Service] Page 7 of 12 111 13.Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers' compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. If Contractor's Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor repFesents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Professional Services Agreement for [Weed/Mowing Abatement Service] Page 8 of 12 112 Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor's rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18.Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor's compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party's right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. Professional Services Agreement for [Weed/Mowing Abatement Service] Page 9 of 12 113 20.Attorney's Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney's Office staff. 21.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23.Survival: Contractor's indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. Professional Services Agreement for [Weed/Mowing Abatement Service] Page IO of 12 114 28.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than 6/30/2027 **** 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 1M CONTRACTOR (Type Name Above) By _____________ _ By ____________ _ Chuck Winn, Interim City Manager Print Name: -------------Print Title: ------------- Professional Services Agreement for [Weed/Mowing Abatement Service] Page 11 of 12 115 APPROVED AS TO FORM: By _____________ _ Greg Sullivan, Bozeman City Attorney Professional Services Agreement for [Weed/Mowing Abatement Service] Page 12 of 12 116 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Resolution 5597, A Resolution of Intent to Consider an Amendment to the Bozeman Community Plan 2020 to Adopt and Integrate the “Bozeman Health Sub-Area Plan” as a Neighborhood Plan under the Bozeman Community Plan 2020 Including Revisions to the Future Land Use Map; Application 24118 MEETING DATE:July 9, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Adopt Resolution 5597 setting dates for public hearings. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:An application has been submitted to revise the Bozeman Community Plan 2020 (BCP) including the Future Land Use Map to integrate the Bozeman Health Sub-Area Plan as a neighborhood plan to the BCP 2020. The area consists of approximately 500 acres including the hospital complex area, the farmland to the east of Highland Boulevard, and the area known as the Glen roughly bounded by Bozeman Trail to the east, Kagy Boulevard toon the south, and Ellis Street to the north. The original Bozeman Deaconess Health Services (now Bozeman Health) Subarea Plan was adopted as a sub-area plan with the approval of Resolution No. 3950 on August 28, 2006 [External Link]. The main hospital campus west of Highland Boulevard continues to develop. The planning area east of Highland Boulevard has not developed except for the active trail system. City of Bozeman revised and adopted its growth policy known as the Bozeman Community Plan 2020 through Resolution 5133 on November 17, 2020. As a result, the Planning Board found the existing Bozeman Deaconess plan did not entirely comport with the new BCP. Therefore, Planning Board sent a letter to Bozeman Health suggesting they evaluate the plan and update as needed. The letter is attached herein. Bozeman Health contracted with Sanderson Steward to generally revise the plan. 117 As required by State Law, prior to the consideration of Growth Policy Amendment, the governing body, the City Commission, must adopt a Resolution of Intent. The resolution of intent advises the public of the upcoming review and generally sets required public hearings before the Community Development Board in their capacity as the planning board and before the City Commission. No final action to amend the growth policy is taken with this resolution. The Bozeman Community Plan 2020 [External PDF Link] is a fundamental policy document guiding further growth and community development in Bozeman. It sets forth Bozeman's future growth policy for land-use and development. The purpose of the Plan is to guide the City’s community planning and to evaluate and prioritize the City’s actions moving forward. It reflects the community’s shared values and priorities. The Plan is the City’s long-range growth policy that meets the statutory requirements of Section 76-1-601 of the Mont. Code Ann. Bozeman’s first comprehensive plan (growth policy) was adopted in 1958. The City has replaced the growth policy six times since then to respond to a growing community and most recently in 2020 adopting the BCP 2020. State law requires review every five years after the plan is adopted. In addition to the required review, the City Commission; independently or at the suggestion of the Planning Board or the City Staff; one or more landowner of property that are the subject of the amendment to the future land use map; and interested members of the public may suggest modifications to the text or map. Chapter 5 of the BCP describes who can request an amendment and how to evaluate the application. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Growth Policy Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 24118 Bzn Health Resolution of Intent 5597.pdf 001_ProposedFutureLandUse.pdf Letter to Hospital-Final-210804.pdf Report compiled on: June 26, 2024 118 Version April 2020 RESOLUTION 5597 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE INTENT OF THE CITY COMMISSION TO CONSIDER AN AMENDMENT TO THE BOZEMAN COMMUNITY PLAN 2020 TO ADOPT AND INTEGRATE THE “BOZEMAN HEALTH SUB-AREA PLAN” AS A NEIGHBORHOOD PLAN UNDER THE BOZEMAN COMMUNITY PLAN 2020 INCLUDING REVISIONS TO THE FUTURE LAND USE MAP. WHEREAS, the City of Bozeman has had a comprehensive plan (growth policy) since 1958; and WHEREAS, the City of Bozeman adopted its growth policy known as the Bozeman Community Plan 2020 (BCP) through Resolution 5133 on November 17, 2020; and WHEREAS, the Bozeman Community Plan 2020, Chapter 5, establishes criteria for the amending of the document; and WHEREAS, the Bozeman Community Plan 2020 allows for the development of “neighborhood plans” for a sub-sector of the Bozeman community; and WHEREAS, the Bozeman Deaconess Health Services Subarea Plan was established with the approval of Resolution No. 3950 on August 28, 2006; and WHEREAS, an application has been received to replace the Bozeman Deaconess Health Services Subarea Plan (adopted 2006) with the Bozeman Health Subarea Plan and amend the Future Land Use Map of the growth policy; and WHEREAS, in accordance with 76-1-602, MCA, the City Commission must adopt a resolution of intent and conduct a public hearing prior to taking any action to adopt or revise a growth policy. 119 Version April 2020 NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 In accordance with the requirements of Section 76-1-604 MCA, the intent to consider the application for amendment and possible corresponding revisions to the growth policy is hereby stated. Section 2 That a public hearing be set and advertised for the purpose of receiving public testimony on application 24118, Bozeman Health Sub-Area Plan growth policy amendment and amendment to the to the Future Land Use Map of the Bozeman Community Plan. Expected dates are with the Planning Board hearing on August 5, 2024, and the City Commission hearing on August 20, 2024. 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. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 120 121 122 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5616, Intent to Create a Special Improvement Lighting District 785 for Gardner Simmental Plaza Sub Lot 2A MEETING DATE:July 9, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5616, Intent to Create Special Improvement Lighting District 785 for Gardner Simmental Plaza Sub Lot 2A. 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:7-12-4301. Special improvement districts for lighting streets authorized. (1) The council of any city or town is authorized to: (a) create special improvement districts embracing any street or streets or public highway therein or portions thereof and property adjacent thereto or property which may be declared by said council to be benefited by the improvement to be made for the purpose of lighting such street or streets or public highway; (b) require that all or any portion of the cost of installing and maintaining such lighting system be paid by the owners of the property embraced within the boundaries of such districts; and (c) assess and collect such portion of such cost by special assessment against said property. (2) The governing body may create special lighting districts on any street or streets or public highway for the purpose of lighting them and assess the costs for installation and maintenance to property abutting thereto and collect the costs by special assessment against the property UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is 123 estimated to cost $1.819 per acre within the district or $21.83 annually for the entire district. Attachments: Resolution 5616-Intent to Create SILD 785.docx Exhibit A.pdf Exhibit B.pdf Report compiled on: June 17, 2024 124 Page 1 of 9 RESOLUTION 5616 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 785 (GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A)DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: Section 1 Intention to Create District; Proposed Improvements.It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended, a special improvement lighting district to serve Gardner Simmental Plaza Subdivision Lot 2A (the “District”)for the purpose of maintenance and energy costs.The district will pay the maintenance and energy costs for one (1) RoadFocus LED small Cobra head 45 watt single upswept luminaire on a round tapered green steel pole, mounted at 30 feet per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.819 per 45-watt LED fixture. This calculates to $21.83 annually. Section 2 125 Resolution 5616, Intent to Create Lighting District 785 Page 2 of 9 Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement Lighting District No. 785 (Gardner Simmental Plaza Subdivision Lot 2A) of the City of Bozeman, Montana. Section 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A are hereby declared to be the special lighting district and the territory which will benefit and be benefited by the Improvements and will be assessed for the costs of the Improvements as described in Section 1. The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit. The property included within said limits and boundaries is hereby declared to be the property benefited by the Improvements. Section 5 Assessment Methods. All properties within the District are to be assessed for a portion of the maintenance and energy costs, as specified herein. The maintenance and energy costs shall be assessed against the property in the District benefiting, based on the actual area method of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this Section 5. The annual maintenance and energy costs are estimated at $1.819, and shall be assessed against each lot, tract or parcel of land in the District for that part of the costs that the area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive of streets, avenuesand alleys.The total area of the District to be assessed is 2.22acres, or 96,703.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $9.84 or $0.000226 per square foot annually. 126 Resolution 5616, Intent to Create Lighting District 785 Page 3 of 9 Section 6 Payment of Assessments. Special assessments for the annual maintenance and energy costs are estimated at $21.83, plus any increases, as may be permitted by the Public Service Commission, and any additional authorized charges shall be levied each year against all properties in the District and shall be payable in equal semiannual installments. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $235.06 per acre, or $0.005397 per square foot. Section 7 Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or replacement. The City may make an additional charge to the District for costs of labor and actual material costs for repairs and/or replacement of the fixtures for damage caused by third parties and not paid by such third parties. The City will assess such costs and charges against the properties in the District in the same manner as the other assessment is made. Section 8 Discontinuation of District. If at any time after the initial term of the District a petition is presented to the City Commission, signed by the owners or agents of more than three-fourths of the total amount of property within the District, asking that the maintenance and operation of the special lighting system and the furnishing of electrical current in the district be discontinued, or if a majority of the City Commission votes to discontinue the District, the City Commission shall, by resolution, provide for discontinuing the maintenance and operation of the lighting system. If the Commission has, prior to the presentation of a petition or by a majority vote of the Commission to discontinue the District, entered into any contract for the maintenance and operation of the lighting system, the maintenance and operation may not be discontinued until after the expiration of the contract. Section 9 127 Resolution 5616, Intent to Create Lighting District 785 Page 4 of 9 Public Hearing; Protests. Written protests against the creation or modification of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the Deputy City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on Monday, July 29, 2024. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, on Tuesday, August 6, 2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time and location, pass a Resolution authorizing the creation or modification of the district. Section 10 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on July 13, 2024 and July 20, 2024 in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in his or her name upon the last completed assessment roll for state, county, and school district taxes, at his last-known address, on or before the same day such notice is first published. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 9th day of July 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: 128 Resolution 5616, Intent to Create Lighting District 785 Page 5 of 9 ____________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 129 Resolution 5616, Intent to Create Lighting District 785 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5616, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 785 (GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at a meeting on July 9, 2024 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof: _____ ____________________ ; voted against the same: ___________ ___ ; abstained from voting thereon: ________________ ; or were absent: _______________ . WITNESS my hand officially this 9 th day of July 2024. ___________________________________ ALEX NEWBY DEPUTY CITY CLERK 130 Resolution 5616, Intent to Create Lighting District 785 NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 785 (GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A) CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on April 9, 2024, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention No. 5616 to create Special Improvement Lighting District No. 785 (the “District”) for the purpose of maintaining lighting and assessing the cost for maintenance and energy to GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A, and paying maintenance and energy costs relating thereto. A complete copy of the Resolution of Intention (the “Resolution”) No. 5616 is on file with the City Clerk which more specifically describes the nature of the costs, the boundaries and the area included in the District, the location of the Improvements and other matters pertaining thereto and further particulars. A list of properties in the District and the amount of the initial assessment accompanies this notice. The Resolution and accompanying exhibits may be also viewed on the City’s website at www.bozeman.net. The district will pay the maintenance and energy costs for one (1) RoadFocus LED small Cobra head 45 watt single upswept luminaire on a round tapered green steel pole, mounted at 30 feet per City of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.819 per 45-watt LED fixture. This calculates to $21.83 annually. The total area of the District to be assessed is 2.22 acres, or 96,703.00 square feet, exclusive of parks and open space. The initial costs of the Improvements per acre shall be $9.84 or $0.000226 per square foot annually. The first year of special assessment billing will include an additional amount not to exceed $500 for publication and mailing associated with creation of the District which shall be assessed in the same manner as the Improvements resulting in a cost not to exceed $235.06 per acre, or $0.005397 per square foot. 131 Resolution 5616, Intent to Create Lighting District 785 Written protests against the creation or extension of the District and the costs may be filed by an agent, person, firm or corporation owning real property within the proposed District whose property is liable to be assessed for the costs. Such protests must be delivered to the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on July 29, 2024. If protests are received by the deadline, the City Commission will hear and pass upon all written protests against the creation or extension of the District, or the Improvements on Tuesday, July 9, 2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time and location, pass a Resolution authorizing the creation or modification of the district. Further information regarding the proposed District or other matters in respect thereof may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by telephone at (406) 582-2320. Dated: July 9, 2024. BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA _________________________________________ ALEX NEWBY Deputy City Clerk Legal Ad Publication Dates: Saturday, July 13, 2024 Saturday, July 20, 2024 132 Resolution 5616, Intent to Create Lighting District 785 RESOLUTION 5616 Resolution of Intent to create SILD No. 785 for the purpose of maintaining lighting and assessing the cost for maintenance and energy to GARDNER SIMMENTAL PLAZA SUBDIVISION LOT 2A and paying maintenance and energy costs relating thereto. AFFIDAVIT OF MAILING STATE OF MONTANA ) : ss County of Gallatin ) ALEX NEWBY, Deputy City Clerk, being first duly sworn, says: That I cause to be mailed first class the Notice in regard to the owners in Special Improvement Lighting District No. 785, as listed in Exhibit "B", on Friday, July12, 2024, directed to the owners at the addresses shown on Exhibit "B". ______________________________ ALEX NEWBY Deputy City Clerk Subscribed and sworn before me this 12th day of July 2024. (Notarial Seal) _______________________________ Printed Name____________________ Notary Public for the State of Montana Residing at: see seal My Commission expires: see seal 133 35.5' 5.2'5.0'5.0'4.9'29.8' EOA TO EOA26.9'24.0'5.1'4.9'35.3'31.7' EOA TO EOAN89° 42' 59"E250.71'N0° 17' 56"E 108.17'N89° 42' 59"E193.76'N0° 17' 56"E 430.56' 5.0'40'N89° 42' 59"E250.71'40'9.0' (TYP.)7.0'5.0' ADDITIONAL ROW40.0'0'40'80'120'C1.1AS NOTEDGENERAL CIVILCKHEC Feb 23, 2022 - 9:14amCAD FILE: M:\213605\Drawings\Site Plan Submittal\1 - SITE PLAN.dwg REVISIONSDATEPROJECT NUMBERHYALITE Engineers, PLLC2304 N 7th Ave. Ste. LBozeman, MT 59715Tel: (406) 587.2781w w w . hyaliteeng. comFax: (406) 522.92252018145 SIMMENTAL WAY BOZEMAN, MT02/23/2221360522x34 originals SCALESHEET TITLEDESIGN BYMONTANABRETT C.No. 29106 PEMEGAARDPEFORSOILNASREN IG ENEPRELIM INARYEXISTING BUILDINGBOOT HILL COURTSIMMENTAL WAY EXISTING BUILDINGEXISTING BUILDINGEXISTING BUILDINGVISION TRIANGLE (TYP.)PROPOSEDBUILDINGPROPOSED CURB &GUTTERAPPROXIMATEPROPERTY BOUNDARYEXISTING CURB &GUTTERSEE LANDSCAPE PLANFOR PROPOSEDLANDSCAPINGINSTALL STREET LIGHT WITH PULLBOX SEE DETAILS 10, 11, & 12PROPOSED 40'X15' STORMRETENTION PONDPROPOSED 150'X7' STORMRETENTION PONDCONSTRUCTION STAGINGAREA, SPOILS LOCATION,AND CONSTRUCTIONTRASH LOCATIONCONSTRUCTIONENTRANCE FORMATERIALS AND HEAVYEQUIPMENTINSTALL NO PARKING SIGNALONG BOOT HILL COURTINSTALL NO PARKING SIGNALONG BOOT HILL COURTPROPOSED CURB &GUTTERPROPOSED 90'X12' STORMRETENTION PONDPROPOSED CURB &GUTTERPROPOSED CURB CUT ANDSIDEWALK CHASE134 PARCEL ACCT #BLK LOT Sq Ft Assess Sq Ft Owner Owner Address City State Zip 135590 2A 125 SIMMENTAL WAY 96,703.00 96,703.00 915 Properties 1891 Boothill Ct Bzoeman MT 59715 Address GARDNER SIMMENTAL PLAZA SUBDISION LOT 2A TRACT 7 LOT 2A 135 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Resolution 5624, Approving the Alteration and Modification of Contract with Blanton Construction, LLC for the Aspen Street Pedestrian Bridge MEETING DATE:July 9, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Resolution 5624 approving the alteration and modification of contract with Blanton Construction, LLC for Aspen Street Pedestrian Bridge. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:This change order principally relates to changes to the bridge abutments that were necessary when the City switched to a prefabricated bridge to save on rapidly escalating costs. Cost savings related to this change were reflected in a previous change order. Based on meetings neighbors on Aspen St., the proposed sidewalk on the north side of Aspen St. was removed from the scope. Without completely upgrading the street, the sidewalk would have caused significant water ponding issues and impeded other usability issues on the street. Improving the street to address all of these issues would require reconstruction of the street itself, which is well beyond the scope of this project. The change order also includes the addition of a $25,000 contingency line item to be used only in the event of necessary future changes to the scope. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:Funding for the remainder of the $394,000.62 total project is included in City Commission approved budget for the Northeast Urban Renewal District for Fiscal Year 2025. Attachments: Resolution 5624 Change Order 2 - Aspen Street Ped Bridge.docx Change_Order_2_Aspen_Street_Package_20240628_signed.pdf 136 Report compiled on: June 28, 2024 137 Version February 2023 RESOLUTION 5624 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION / MODIFICATION OF CONTRACT WITH BLANTON CONSTRUCTION, LLC WHEREAS,the City Commission did on, March 24, 2023, authorize the award of the bid for the Aspen Street Pedestrian Bridge, to Blanton Construction, LLC, Belgrade, Montana; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS,it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and Blanton Construction, LLC and Belgrade, Montana as contained in the Change Order 2, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________, 20____. ___________________________________ TERRY CUNNINGHAM Mayor 138 Version February 2023 ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 139 Page 1 of 4 \\klj-solutions.com\dfs\Data\Projects\City\MT\Bozeman\2004_01034 Aspen Street Pedestrian Bridge\Construction\ChangeOrders\Change_Order_2\Change_Order_2_Aspen_Street_Ped_Bridge_Rev 2.doc CHANGE ORDER No. 02 DATE OF ISSUANCE July 9, 2024 EFFECTIVE DATE July 9, 2024 OWNER City of Bozeman CONTRACTOR Blanton Construction, LLC Contract: May 11, 2020 Project: Aspen Street Pedestrian Bridge OWNER's Contract No. ENGINEER KLJ Engineering, LLC ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: The city has elected to change the Bridge Superstructure to a prefabricated 10 ft x 45 ft steel bridge with a timber deck. During the process, several bid items were evaluated including the sidewalk and riprap. The Engineer determined, riprap was not required, and the city elected to remove the sidewalk from the project. Change Order 2 includes the following revised sheets. • Sheet C2 - Removed • Sheet C3 • Sheet S1 • Sheet S2 • Bid Item 211 Custom Fence includes additional 23 LF 3 ft. tall mesh fence shown on Sheet C3 In addition, the following changes to the Custom Fence (designed by others) were agreed to. • Sheet F1 View 1 A-4: Eliminate the 6-degree angle and fabricate vertically. • Sheet F1 View 2 A-4: Add an additional ft to the north/south section to connect to the existing shed. • Sheet F1 View 3 A-4: Reduce the maximum height of the fence from 7 ft - 4 ¾ in to 6 ft. • Sheet F2 View 1 A-5: Provide “weathered steel” finish to the steel. • Contractor to submit shop drawings for approval prior to beginning fabrication. A time extension is not necessary as the contract time was extended in Change Order 1 to December 31, 2024. Reason for Change Order: Through multiple conversations between the Owner, Engineer, Contractor, and neighborhood residents, the decision was made to remove the sidewalk. Attachments: Proposal attached CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 367,137.00 Original Contract Times: 365 Calendar Days Substantial Completion: 365 Calendar Days Ready for final payment: 365 Calendar Days (days or dates) Net Increase (Decrease) from previous Change Orders: $ (23,062.00) Net change from previous Change Orders Substantial Completion: 202 Calendar Days Ready for final payment: 202 Calendar Days (days) Contract Price prior to this Change Order: $ 344,075.00 Contract Times prior to this Change Order: Substantial Completion: 567 Calendar Days Ready for final payment: 567 Calendar Days Net (decrease) of this Change Order: $ 49,925.62 Net increase (decrease) this Change Order: Substantial Completion: 0 Calendar Days Ready for final payment: 0Calendar Days (days) Contract Price with all approved Change Orders: $ 394,000.62 Contract Times with all approved Change Orders: Substantial Completion: 567 Calendar Days Dec 31, 2024 Ready for final payment: 567 Calendar Days Dec 31, 2024 (days) 140 Page 2 of 4 \\klj-solutions.com\dfs\Data\Projects\City\MT\Bozeman\2004_01034 Aspen Street Pedestrian Bridge\Construction\ChangeOrders\Change_Order_2\Change_Order_2_Aspen_Street_Ped_Bridge_Rev 2.doc Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER - Signature) Date OWNER (Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. Change Order 2 Detail Item No. Description Unit Qty. Unit Price Scheduled Value 101 Mobilization LS 1 $24,528.00 $24,528.00 102 Taxes, Bonds, & Insurance LS 1 $19,275.00 $19,275.00 201 Imported Backfill CY 440 $62.67 $27,574.80 202 Clearing & Grubbing LS 1 $6,928.00 $6,928.00 203 Strip/Stockpile/Spread Topsoil CY 25 $215.52 $5,388.00 206 Remove Existing Fence LS 1 $4,893.00 $4,893.00 207 Bridge Abutments & Footings LS 1 $93,857.50 $93,857.50 208 Bridge Abutments Structural Fill CY 30 $271.20 $8,136.00 211 Custom Fence LS 1 $50,605.00 $50,605.00 212 Class II Gravel Trail SF 352 $25.41 $8,944.32 213 Hydraulic Seeding LS 1 $3,300.00 $3,300.00 215 Contingency LS 1 $25,000 $25,000 Subtotal Additions $278,429.62 101 Mobilization LS (1) $20,350.00 ($20,350.00) 102 Taxes, Bonds, & Insurance LS (1) $16,225.00 ($16,225.00) 201 Imported Backfill CY (440) $50.00 ($22,000.00) 202 Clearing & Grubbing LS (1) $5,500 ($5,500.00) 141 Page 3 of 4 \\klj-solutions.com\dfs\Data\Projects\City\MT\Bozeman\2004_01034 Aspen Street Pedestrian Bridge\Construction\ChangeOrders\Change_Order_2\Change_Order_2_Aspen_Street_Ped_Bridge_Rev 2.doc 203 Strip/Stockpile/Spread Topsoil CY (25) $131.00 ($3,275.00) 204 Concrete Sidewalk SF (1,025) $19.80 ($20,295.00) 205 Install Riprap CY (97) $226.00 ($21,922.00) 206 Remove Existing Fence LS (1) $2,156.00 ($2,156.00) 207 Bridge Abutments & Footings LS (1) $77,566.00 ($77,566.00) 208 Bridge Abutments Structural Fill CY (30) $187.00 ($5,610.00) 211 Custom Fence LS (1) $25,267.00 ($25,267.00) 212 Class II Gravel Trail SF (352) $19.00 ($6,688.00) 213 Hydraulic Seeding LS (1) $1,650.00 ($1,650.00) Subtotal Subtractions ($228,504.00) Schedule Total $49,925.62 142 BOZEMAN, MT PROJECT LOCATION VICINITY MAP NO SCALE KLJ PROJECT NO. 2004_01034 E. ASPEN STREET PEDESTRIAN BRIDGE CITY OF BOZEMAN BOZEMAN, MT AUGUST 2022 PROJECT LOCATION CITY OF BOZEMAN PO BOX 1230 121 NORTH ROUSE AVE. BOZEMAN, MT 59771 PH: 406.582.2320 COMMISSION MEMBERS MAYOR CYNDY ANDRUS DEPUTY MAYOR TERRY CUNNINGHAM CITY COMMISSIONERS CHRISTOPHER COBURN JENNIFER MADGIC I-HO POMEROY ONE CALL BEFORE DIGGING 1-800-424-5555 1982 STADIUM DR, SUITE 3 BOZEMAN, MT 59715 PH: 406.404.1849 FAX: 855.288.8055 www.kljeng.com C KLJ 2021 Oct 14, 2022 - 4:09pm - K:\Projects\City\MT\Bozeman\2004_01034 Aspen Street Pedestrian Bridge\CAD\Working\dbase_SWPlan.dwg (Cover Bridge) DATE: . CERTIFICATION I HEREBY CERTIFY THAT THE ATTACHED PLANS WERE PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF MONTANA. DATE: . CERTIFICATION I HEREBY CERTIFY THAT THE ATTACHED PLANS WERE PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF MONTANA. E PEACH ST E COTTONWOOD ST E ASPEN ST E TAMARACK ST N WALLACE AVENUEN ROUSE AVENUESTATE OF MONTANA HELENA MISSOULA KALISPELL SHELBY HAVRE GLASGOW GLENDIVE BILLINGSBOZEMAN BUTTE GREAT FALLS LEWISTOWN MILES CITY INTE R S T A T E 9 0 UTILITY COMPANIES NORTHWEST ENERGY SPECTRUM 121 E GRIFFIN DR 1500 N 19TH AVE BOZEMAN, MT. 59715 BOZEMAN, MT. 59715 CENTURYLINK 2707 W. MAIN STREET BOZEMAN, MT. 59718 COVER SHEET C1 GENERAL NOTES C2 SIDEWALK PLAN AND PROFILE C3 BRIDGE PLAN AND PROFILE S1 GENERAL LAYOUT A1 BRIDGE PLAN ELEVATIONS A2 CONSTRUCTION DETAILS A3 CONCRETE FOOTING ABUTMENT DETAIL F1 FENCING PLAN F2 FENCING PROFILE INDEX OF SHEETS: 143 CONTROL TRAVERSE COORDINATE DATA POINT # 14 40 41 42 NAME CP14 CP40 CP41 CP42 NORTHING 528325.693 528286.188 528293.639 528277.851 EASTING ELEVATION 1578469.474 1578173.67 1578087.475 1578096.894 4751.54 4754.504 4753.548 4753.979 LINE TABLE SEGMENT L1 L2 L3 L4 L5 LENGTH 76.63' 8.31' 104.23' 12.60' 128.10' BEARING S89°34'23"E S73°38'21"E N89°40'41"E S75°38'17"E S89°59'42"E Oct 14, 2022 - 4:09pm - K:\Projects\City\MT\Bozeman\2004_01034 Aspen Street Pedestrian Bridge\CAD\Working\dbase_SWPlan.dwg DATEREVISIONE. ASPEN ST. PEDESTRIAN BRIDGESHEETNO.CITY OF BOZEMANISSUE DATE DRAFTED PROJECT NUMBER REVIEWED BOZEMAN, MT2004_01034 08/2022 C1 GENERAL NOTESMDH RH GRADING NOTES: 1.SITE EXCAVATION, BACKFILL AND GRADING SHALL COMPLY WITH SECTION 02230 OF THE MPWSS. NO SEPARATE MEASUREMENT AND PAYMENT WILL BE MADE FOR EXCAVATION, REMOVAL AND DISPOSAL OF EXISTING ASPHALT OR OTHER CLASSIFICATION OF MATERIALS WITHIN THE ENVELOPE OF THE PROPOSED SIDEWALK AND BRIDGE ABUTMENT WALL/FOUNDATION CONSTRUCTION. EXCAVATION, REMOVAL AND PROPER DISPOSAL OF ALL MATERIALS IS INCIDENTAL TO THE PERTINENT CONSTRUCTION PAY ITEM. 2.FINAL GRADES AFTER ALL SITE EXCAVATION, GRADING, COMPACTION AND PLACEMENT OF PAVEMENT AND STRUCTURES SHALL COMPLY WITH THE GRADES SHOWN ON THE PLANS. SURPLUS MATERIALS SHALL BE HAULED OFF AND DISPOSED OF BY THE CONTRACTOR. STORMWATER POLLUTION PREVENTION PLAN NOTES: THE CONTRACTOR IS FULLY RESPONSIBLE FOR MONITORING EROSION AND IMPLEMENTING ADDITIONAL MEASURES AS NECESSARY TO COMPLY WITH THE CONDITIONS OF A STORM WATER POLLUTION PREVENTION PLAN (SWPPP) AND PREVENT DISCHARGE OF SOIL LADEN RUNOFF AND DAMAGE TO THE PROJECT FROM FLOWS ENTERING THE SITE. IT IS THE CONTRACTOR'S RESPONSIBILITY TO DEVELOP THE SWPPP AND FILE A NOTICE OF INTENT (NOI) WITH THE GOVERNING AUTHORITY. EROSION AND SEDIMENT CONTROL MEASURES SHALL BE IMPLEMENTED THROUGHOUT THE DURATION OF CONSTRUCTION AND AFTER CONSTRUCTION UNTIL SEEDING AND ANY OTHER PERMANENT SURFACE STABILIZATION HAS BEEN ESTABLISHED. THE CONTRACTOR SHALL FILE A NOTICE OF TERMINATION (NOT) AFTER THE SITE HAS BEEN RESTORED AND STABILIZED WITH THE PROPER LANDSCAPING AND OTHER VEGETATION, AND CONSTRUCTION IS COMPLETE. PREPARING THE SWPPP, FILING A NOI AND NOT, IMPLEMENTING EROSION CONTROL MEASURES AND ALL ASSOCIATED PERMIT FEES ARE CONSIDERED INCIDENTAL TO THE TEMPORARY EROSION CONTROL BID ITEM. 1.CONTRACTOR IS RESPONSIBLE FOR MINIMIZING TRACKING OF SOIL AND DEBRIS ONTO ADJACENT PROPERTIES AND ROADWAYS. TRACKING MUST BE REMOVED BY THE END OF EACH DAY. 2.INSPECT ALL EROSION CONTROL ELEMENTS WEEKLY OR AFTER ALL STORM EVENTS OF 0.25" OF RAIN OR GREATER AND DOCUMENT IN ACCORDANCE WITH THE REQUIREMENTS OF NOTICE OF INTENT. 3.ALL WASTE AND UNUSED BUILDING MATERIALS SHALL BE PROPERLY DISPOSED OF AND NOT ALLOWED TO BE CARRIED OFF-SITE BY RUN-OFF OR WIND. 4.ALL OFF SITE SEDIMENT DEPOSITS OCCURRING AS A RESULT OF CONSTRUCTION WORK OR A STORM EVENT SHALL BE CLEANED UP BY THE END OF EACH DAY. 5.UPON COMPLETION OF THE PROJECT, ALL DISTURBED AREAS NOT PERMANENTLY LANDSCAPED SHALL BE SEEDED AS SPECIFIED BY THE PROJECT MANUAL. 6.EROSION CONTROL DEVICES DESTROYED AS A RESULT OF CONSTRUCTION ACTIVITIES SHALL BE REPAIRED BY THE END OF THE WORK DAY. 7.TEMPORARY EROSION CONTROL MEASURES SHALL BE REMOVED AT THE COMPLETION OF CONSTRUCTION AFTER STABILIZATION AND PERMANENT LANDSCAPING HAS BEEN INSTALLED. C KLJ 2021 COVER SHEET C1 GENERAL NOTES C2 PLAN & PROFILE INDEX OF SHEETS: GENERAL NOTES: 1.ALL CONSTRUCTION SHALL COMPLY WITH THE 7TH EDITION OF THE MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS (MPWSS) AND THE CITY OF BOZEMAN MODIFICATIONS TO MPWSS INCLUDING ADDENDA 1-3. 2.THE CONTRACTOR SHALL DETERMINE THE LOCATION OF ALL EXISTING UTILITIES BEFORE COMMENCING WORK. PRIOR TO EXCAVATION, THE CONTRACTOR SHALL CONTACT "ONE CALL" AT 800-424-5555. 3.THE CONTRACTOR SHALL COORDINATE WITH UTILITY COMPANIES TO REMOVE OR RELOCATE EXISTING UTILITIES AS NEEDED TO ACCOMMODATE THE WORK. SUCH COORDINATION SHALL BE CONSIDERED INCIDENTAL TO OTHER BID ITEMS. IT IS THE CONTRACTOR'S RESPONSIBILITY TO ENSURE UTILITY REMOVALS, REPLACEMENTS AND RELOCATIONS ARE COMPLETED WITHOUT DELAYS TO THE CONTRACT TIME. 4.CONTRACTOR SHALL PROVIDE A ONE (1) WEEK NOTICE TO THE ENGINEER AND OWNER PRIOR TO BEGINNING ANY CONSTRUCTION. 5.ANY DISCREPANCY DISCOVERED BY THE CONTRACTOR IN THE PLANS OR PROJECT MANUAL SHALL BE BROUGHT TO THE ATTENTION OF THE ENGINEER WHEN DISCOVERED. THE CONTRACTOR SHALL ALLOW TIME FOR CLARIFICATION. 6.THE CONTRACTOR SHALL PROTECT ALL SURVEY MONUMENTS. MONUMENTS DISTURBED OR DESTROYED SHALL BE REPLACED AT THE CONTRACTOR'S EXPENSE. 7.CONTRACTOR SHALL MAINTAIN ACCESS TO ALL ADJACENT PROPERTIES AT ALL TIMES. IF ACCESS CLOSURE IS REQUIRED, THE CONTRACTOR SHALL PROVIDE WRITTEN NOTICE 24 HOURS IN ADVANCE OF CLOSURE TO AFFECTED OWNERS AND EMERGENCY SERVICE PROVIDERS. 8.CONTRACTOR SHALL PREPARE AND SUBMIT TO THE ENGINEER A TRAFFIC CONTROL PLAN IN CONFORMANCE WITH THE CITY OF BOZEMAN REQUIREMENTS. PLAN TO BE APPROVED BY THE CITY PRIOR TO COMMENCING WITH ANY WORK IN THE PUBLIC RIGHT-OF-WAY. 9.CONTRACTOR TO FIELD VERIFY EXISTING CONDITIONS BY DETAILED INSPECTION PRIOR TO SUBMITTING BID AND STARTING CONSTRUCTION. 10.THE OWNER AND ENGINEER RESERVE THE RIGHT TO PROVIDE ADDITIONAL TESTING UPON THEIR OWN DISCRETION. IF NEEDED, THE CONTRACTOR SHALL COOPERATE AND ASSIST THE OWNER AND/OR ENGINEER IN COLLECTION OF ADDITIONAL TESTING SAMPLES. AT A MINIMUM THIS MAY INCLUDE EXCAVATION OF TEST PITS FOR COMPACTION TEST VERIFICATIONS FOR EACH LIFT OF BACKFILL, EMBANKMENT MATERIAL OR AGGREGATE BASE MATERIAL. THE CONTRACTOR SHALL PROVIDE A MINIMUM OF 24 HOURS NOTICE TO THE OWNER AND ENGINEER, PRIOR TO COVERING WORK, TO ALLOW TIME FOR QUALITY VERIFICATION. 11.ALL AREAS COVERED BY TOPSOIL DURING FINAL GRADING SHALL BE SEEDED BEFORE FINAL ACCEPTANCE. 12.CONTRACTOR SHALL MAINTAIN FIELD AS-BUILT DRAWINGS DETAILING ALL FIELD MODIFICATIONS, AS NECESSARY, BOTTOM OF FOOTING ELEVATIONS, LOW CHORD ELEVATIONS AND ALL GENERAL FIELD MEASUREMENTS AND LOCATIONS OF COMPLETED WORK.BASIS OF SURVEY: MONTANA STATE PLANE NAD 83(2011) HORIZONTAL DATUM: NAD 83 GEOID: GEOID 12A (CONUS) VERTICAL DATUM: CITY OF BOZEMAN DATUM (NAVD88 - 19.4 FT) HORIZONTAL AND VERTICAL UNITS: INTERNATIONAL FEET LOCAL SITE SETTINGS: LOCAL NORTHING: 0.00 LOCAL EASTING: 0.00 GRID NORTHING: 0.00 GRID EASTING: 0.00 GROUND SCALE FACTOR: 0.999428671 DISTANCES ARE GROUND 144 4745 4750 4755 4760 4765 3+00 4+00 4+05 STA: 3+44.79 FG ELEV: 4753.25 STA: 3+90.87 FG ELEV: 4753.25 BASE FLOOD ELEVATION = 4749.60 24" MINIMUMBFE FREEBOARDPROPOSED CONSTRUCTION EASEMENT 4+04.86 3+00 4+00475047504752 BOZEMAN CREEKEXISTING RIPRAP TO REMAIN REGULATORY FLOODWAY BOUNDARY (APPROXIMATELOCATION) 0' PROPOSED CLASS II GRAVEL TRAIL (TYP. - COB STD DWG NO. 02529-18) PROPOSED PEDESTRIANBRIDGE (SEE BRIDGE SHEETS S1 & S2) GRADE TO EXISTINGGRAVELTRAIL REMOVE 61 LF EXISTING CHAIN LINK FENCE AND CONCRETE FOOTING END PROJECT STA.4+00.30 DELINEATEDWETLAND BOUNDARY (APPROXIMATELOCATION) STA 3+44.79 STA 3+90.87 EP: 4+04.86PT: 2+88.20 Apr 30, 2024 - 12:10pm - K:\Projects\City\MT\Bozeman\2004_01034 Aspen Street Pedestrian Bridge\CAD\Working\dbase_SWPlan.dwg DATE REVISIONE ASPEN ST PEDESTRIAN BRIDGESHEETNO.CITY OF BOZEMANISSUE DATE DRAFTED PROJECT NUMBER REVIEWED BOZEMAN, MT2004-01034 08/2022 C3 PLAN & PROFILETC TPK1 4/30/2024REMOVED SIDEWALK AND CHANGED CONST. EASEMENTC KLJ 2021 N 50510 SCALE FEET EXISTING EDGE OF PAVEMENT 47 LF PROPOSED FENCE DESIGNED BY OTHERS PROPERTY LINE (TYP.) BLEND GRAVEL TRAIL INTO EXISTING PAVEMENT EX. SANITARY MANHOLEINV. OUT 4745.60 (W) ADJUST VALVE COVERS TO FINISHED GRADE REMOVE 23LF EXISTING PICKET FENCE SANITARY LINE MARKER 23 LF 3' TALL MESH FENCE EXISTING TREE TO REMAIN NOTES: SALVAGE TO OWNER ANY REMOVED FENCE THAT OWNER WISHES TO RETAIN. ALL OTHER REMOVED FENCE SHALL BEDISPOSED OF BY CONTRACTOR.10.93'TRAVIS G. COPPER 19597PE TRAVIS S GG.. COPPER 19597PE19597PEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE 5-2-24 145 PLAN SCALE: 1/8"= 1'-0"BOZEMAN CREEK47514750474947484747474647464747474847494750475147524753 4753 ℄ BENT NO. 1 ℄ BENT NO. 2 10'-0"5'-0"5'-0"℄ BEARING POST STA 3+90.87 ℄ BEARING POST STA 3+44.79 INSIDE FACE OF RAIL EDGE OFPRE-ENGINEERED BRIDGE INSIDE FACE OF RAIL EDGE OF PRE-ENGINEERED BRIDGE 46'-1" ℄ BEARING POST TO ℄ BEARING POST ELEVATION SCALE: 1/8"= 1'-0" 4749 4750 4751 4752 4748 4747 4746 4745 4753 4744 4743 PRE-ENGINEERED STEEL PEDESTRIAN BRIDGE FINISHED GRADE @ ℄ PATH ℄ BRG POST @ BENT NO. 1 STA 3+44.79 FINISHED GRADE ELEVATION = 4753.25' ℄ BRG POST @ BENT NO. 2 STA 3+90.87 FINISHED GRADE ELEVATION = 4753.25' BOTTOM OF FOOTING ELEV. = 4746.25 EXISTING GRADE @ ℄ PROFILE BOTTOM OF FOOTINGELEV. = 4746.25 BASE FLOOD ELEV.(100 - YEAR) = 4749.60 LOW CHANNEL BOTTOM ELEV.= 4745.25 LOW CHORD MINIMUM ELEV.4751.60 48'-0" ABUT FACE TO ABUT FACE TYPICAL BRIDGE SECTION SCALE: 1/4"= 1'-0" 10'-0" CLEAR WALKWAY RUB RAIL STEEL TOE PLATE VERTICAL STRINGER FLOOR BEAM TOP CHORD BOTTOM CHORD 3'-6" MINHORIZONTALSAFETY RAIL, TYP ℄ PATH TIMBERDECKING 1'-0"SECTION SCALE: NTS PRE-ENGINEERED STEEL PEDESTRIAN BRIDGE.CONNECTION TO ABUTMENT PER BRIDGE MANUFACTURER SPREAD FOOTING, SEE PROJECT GEOTECHNICAL REPORT ℄BEARING. VERIFY LOCATION OF ANCHOR BOLTS WITH BRIDGE MANUFACTURER PRIOR TO PLACING CONCRETE REMOVE EXISTING SOIL AND REPLACE WITH COMPACTED STRUCTURAL FILL, SEE PROJECT GEOTECHNICAL REPORT 'D'23 'D' CAST IN PLACE CONCRETE: UNLESS OTHERWISE APPROVED OR SPECIFIED, USE CONCRETE CLASS M-4000 (F'c = 4000 psi) FOR ALL SUBSTRUCTURE CONCRETE. STRUCTURE EXCAVATION: INCLUDE STRUCTURE EXCAVATION AND DEWATERING IN THE UNIT PRICE BIDFOR "CONCRETE". UTILITIES: CALL 1-800-424-5555 FOR UTILITY LOCATES AT LEAST TWO WORKING DAYS PRIOR TO STARTING ANY CONSTRUCTION ACTIVITY THAT COULD DISTURB THE UTILITY. CONTRACTOR IS RESPONSIBLE TO LOCATE AND AVOID DAMAGE TO ALL EXISTING UTILITIES. NOTES FINISHED GRADE: FINISHED GRADE OF BRIDGE AT CENTERLINE PATH IS THE SAME AS THE PROFILE GRADE SHOWN ON PLANS. SPECIFICATIONS: THE SPECIAL PROVISIONS GOVERN UNLESS OTHERWISE NOTED. THE DESIGN WAS PREPARED IN ACCORDANCE WITH AASHTO LRFD BRIDGE DESIGN SPECIFICATIONS, NINTH EDITION AND THE AASHTO LRFD GUIDE SPECIFICATIONS FOR THE DESIGN OF PEDESTRIAN BRIDGES 2009 WITH 2015 INTERIM REVISIONS. LIVE LOAD: DESIGN THE BRIDGE TO SUPPORT THE CONTROLLING CASE OF EITHER THE STANDARD AASHTO H5 LOADING, OR THE PEDESTRIAN LOAD AS SPECIFIED IN THE AASHTO LRFD GUIDE SPECIFICATIONS FOR THE DESIGN OF PEDESTRIAN BRIDGES 2009 WITH 2015 INTERIM REVISIONS. REINFORCING STEEL: USE NEW DEFORMED TYPE REINFORCING STEEL MEETING THE REQUIREMENTS OF AASHTO M 31 GRADE 60. INCLUDE ALL COSTS ASSOCIATED WITH FURNISHING AND PLACING NEW REINFORCING STEEL FOR THE FOOTINGS, ABUTMENTS AND WINGWALLS IN THE UNIT PRICE BID FOR CONCRETE CLASS STRUCTURE. Apr 25, 2024 - 10:03am - C:\Users\DUSTIN~1\AppData\Local\Temp\AcPublish_25800\20210510_16417102 General Layout Current.dwg DATE REVISIONE ASPEN ST PEDESTRIAN BRIDGESHEETNO.CITY OF BOZEMANISSUE DATE DRAFTED PROJECT NUMBER REVIEWED BOZEMAN, MT2004_01034 04.25.2024 S1 GENERAL LAYOUTSMM DJH C KLJ 2024 STRUCTURAL FILL: STRUCTURAL FILL SHALL CONSIST OF 3-INCH MINUS UNCRUSHED AGGREGATE MEETING THE REQUIREMENTS OF MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS (MPWSS) SECTION 02234, PER GEOTECHNICAL REPORT. THE WORK AND MATERIAL NEEDED FOR PLACING THE STRUCTURAL FILLSHALL BE INCLUDED IN THE UNIT PRICE BID FOR "STRUCTURAL FILL". 146 ℄BEARING POST @ BENT NO. 1 STA 3+44.79 ℄BEARING POST @ BENT NO. 2 STA 3+90.87 FOOTING PLAN SCALE: 1/8"= 1'-0" 46'-1" ℄BRG POST TO ℄BRG POST 18'-0"9'-0"9'-0"1'-11 1/2"2'-0 1/2" 4'-0" NOTE: DIMENSIONS SHOWN FOR BENT NO. 1ARE TYPICAL FOR BENT NO. 2. AB2 BB2 CB2 D B2 8"END OF PRE-ENGINEERED BRIDGE @ ℄ PATH END OF PRE-ENGINEERED BRIDGE @ ℄ PATH FOOTING UNDERABUTMENT CORE HOLE B-02 CORE HOLE B-03 ℄PATH & STRUCTUREBOZEMAN CREEK8" 4'-0"4'-0"1'-0"7'-0"1'-0" 2'-0" 8"1'-4" 1'-0" SECTION B/B2 SCALE: 1/2"= 1'-0" BRIDGE BEARING PLATE & ANCHOR BOLTS, SEE MANUFACTURER'S DRAWINGS. VERIFY ANCHOR BOLT PROJECTION W/ MANUFACTURER. VERIFY LOCATION OF ANCHOR BOLTS W/ MANUFACTURER PRIOR TO PLACING CONCRETE. #4 HORZ @ 12 O.C.EACH FACE #4 HOOPS @ 12" O.C. #4 HOOKED DOWELS @ 12" O.C. EA FACE 3"CLR1 1/2" CLR TYP #4 U-BAR @ 12" O.C. 4~#4 HORZ @ TOP 4~#4 HORZ @ BOTTOM #4 HORZ@ 12" O.C. EA FACE #5 @ 12" O.C. EA WAY 4'-0"1'-0"1'-0" SECTION C/B2 SCALE: 1/2"= 1'-0"3"CLR1 1/2" CLR FOOTING REINF, SEE B/B22'-4" #4 HOOKED DOWELS @ 12" O.C.EA FACE #4 @ 12" O.C. EA WAY DETAIL D/B2 SCALE: 1/2"= 1'-0" #4 HOOKED DOWELS @ 12" O.C., EA FACE#4 VERTS @ 12" O.C., EACH FACE 1 1/2" CLR2'-0" LAP8"2'-0"2'-0" LAP1'-6" LAPC B2 B B2 8"1'-4"8"PLAN VIEW FOOTING6'-0"#4 VERTS @ 6" O.C., EACH FACE 8"1'-0"℄ BENT ELEVATION A/B2 SCALE: 1/4"= 1'-0" 18'-0" 12'-0"1'-4"1'-0"8"1'-4"1'-0" 13'-4"5'-0"1'-0"7'-0"2'-4"2'-4" 18'-0" NEAR FACE BACK WALL AND NEAR FACE WINGWALL REINF FOOTING, ABUTMENT BLOCK, FAR FACE BACKWALL, AND FAR FACE WINGWALL REINF 1'-6" TYP LAP B B2 C B2 4'-0"2'-0"LEVEL LEVEL NOTE: REINFORCING SHOWN IN SECTION APPLIES FOR FULL LENGTH OF FOOTINGS, ABUTMENTS, AND WALLS. NOTE: INCLUDE ALL PERTINENT HARDWARE REQUIRED FOR THE ERECTION OF THE BRIDGE (BASE PLATES, ANCHOR BOLTS, NUTS, ETC.) IN THE LUMP SUM BID FOR "BRIDGE SUPERSTRUCTURE". NOTE: BRIDGE MANUFACTURER TO SUPPLY EXPANSION JOINTS BETWEEN DECK AND BACKWALL. INCLUDE DECK JOINTS IN THE LUMP SUM BID FOR "BRIDGE SUPERSTRUCTURE". Apr 25, 2024 - 10:03am - C:\Users\DUSTIN~1\AppData\Local\Temp\AcPublish_25800\20210510_16417102 General Layout Current.dwg DATE REVISIONE ASPEN ST PEDESTRIAN BRIDGESHEETNO.CITY OF BOZEMANISSUE DATE DRAFTED PROJECT NUMBER REVIEWED BOZEMAN, MT2004_01034 04.25.2024 S2 FOOTIING PLAN & SECTIONSSMM DJH C KLJ 2024 147 148 149 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Associate Planner Brian Krueger, Development Review Manager Erin George, Interim Director of Community Development SUBJECT:Review of the Guthrie at 5th and Villard Site Plan, Commercial Certificate of Appropriateness, and Demolition Application; Application 23354 MEETING DATE:July 9, 2024 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION:Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23345 and move to approve the site plan, commercial certificate of appropriateness, and demolition application with conditions and subject to all applicable code provisions. 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 subject property is located at 321 N. 5th Avenue on the southwest corner of the intersection of North 5th Avenue and West Villard Street. The property is zoned R-5 (Residential Mixed-Use High-Density District). Directly to the south is a two-story apartment building that is zoned R-5, to the east is the Sapphire Motel that is zoned B-2M (Community Business District- Mixed) to the north are single-household residences and to the east a church, both of which are zoned R-3 (Residential Medium Density District). The site is located within the Neighborhood Conservation Overlay District (NCOD) and just outside the edge of the midtown Urban Renewal District. There is an existing two-story building on the site that is categorized as contributing to a potential historic district which marks it as a historic structure. The application proposes to demolish an existing building and construct an apartment building that would have five floors with a total area of 64,511 square feet and include 111 residential units; 102 of which are one bedroom and 9 of which are two-bedroom. The residential units are located on every floor and range from 358 square feet to 597 square feet. The units are proposed to be rented and not offered for sale. The ground floor features a residential lobby, bicycle parking area, a game room, TV lounge, and an 150 outdoor courtyard. Laundry facilities are located on floors two and four, and a lounge area on floors three and five. There are 37 parking spaces total with 28 located on the property and nine parallel spaces located on the street. Per 38.380.030 of the Bozeman Municipal Code (BMC), the developer is applying deep incentives for affordable housing when a building provides 50% or more of the gross floor area as affordable housing. The project proposes 56 housing units that are priced no greater than 80% of the Area Median Income (AMI). AMI is the adopted standard for measuring affordability and is regularly published by the U.S. Department of Housing and Urban Development (HUD). This will include 51 one-bedroom units and 5 two-bedroom units. On April 16, 2024, the City Commission unanimously decided to reclaim the application. Pursuant to 38.200.010.B.2, BMC, the City Commission “may, by a simple majority vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development application normally subject to the approval of the community development director. The vote must occur prior to the action of the community development director.” The reclaim process does not change any review criteria or development standard. Under City Commission authority, the final review and approval of the project will occur at a City Commission meeting. Public comment is taken by the City Commission for all action items per Commission rules and procedures. UNRESOLVED ISSUES:There are no unresolved issues with this application. ALTERNATIVES:1. Approve the application with the recommended conditions and code provisions; 2. Approve the application with modifications to the recommended conditions and/or code provisions; 3. Deny the application based on the commission’s findings of non- compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:Fiscal effects are undetermined at this time but any development occurring as a result of this subdivision would increase property tax revenue to the City, along with increased costs to deliver municipal services to the property. Attachments: Application 23354 City Commission Staff Report.pdf Report compiled on: June 27, 2024 151 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 1 of 33 Application No. 23354 Type Site Plan, Commercial Certificate of Appropriateness, Demolition Project Name The Guthrie at 5th and Villard Summary Application to demolish an existing structure and build a five-story apartment building. The building is 64,511 square feet and consists of 111 residential units, 102 are one-bedroom units and nine are two-bedroom units. The project proposes to use the deep incentives to create affordable housing outlined in 38.380.030. The five-story building is proposed at a height of 61’-1.5”. The total number of affordable units is 56 units. 37 parking spaces are provided which include 28 spaces on site in the parking lot and 9 parallel spaces on the street. The property is not located within a historic district but is within the Neighborhood Conservation Overlay District. The existing building is categorized as a historic structure as it is considered a contributing structure to a potential historic district. Review of demolition of a historic building must adhere to section 38.340.090, BMC. Zoning R-5 Growth Policy Residential Mixed-Use High-Density District Parcel Size 36,752 SF Overlay District(s) Neighborhood Conservation Overlay District Street Address 321 N. 5th Avenue Legal Description Karp Addition, S12, T02 S, R05 E, Block 6, Lot 1-3, Acres .843, Plat E-3-A, City of Bozeman, Gallatin County, Montana Owner Fifth and Villard Apartments, LLC, 111 W. Lamme St, Suite 101, Bozeman, MT 59715 Applicant Solomon Cordwell, Buenz Architects, 255 California Street, Fl 3, San Francisco, CA 94111 Representative Same as applicant Staff Planner Sarah Rosenberg Engineer Mikaela Schultz Noticing Public Comment Period Site Posted Adjacent Owners Mailed Newspaper Legal Ad 3/15 – 7/9/2024 3/15/2024, 5/28/2024 3/15/2024, 5/28/2024 NA Advisory Boards Board Date Recommendation Development Review Committee March 13, 2024 Adequate Recommendation The application is adequate, conforms to standards, and is sufficient for approval with the conditions and code provisions as noted below. Decision Authority City Commission (item reclaimed pursuant to 38.200.010.B.2, BMC) City Commission Room, City Hall, 121 N. Rouse Hearing Date 7/9/24 Motion Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23345 and move to approve the site plan, commercial certificate of appropriateness, and demolition application with conditions and subject to all applicable code provisions. Full application: https://weblink.bozeman.net/WebLink/Browse.aspx?startid=286492&cr=1 Full application and file of record: Community Development Department, 20 E. Olive St., Bozeman, MT 59715 152 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 2 of 33 PROJECT SUMMARY The subject property is located at 321 N. 5th Avenue on the southwest corner of the intersection of North 5th Avenue and West Villard Street. The property is zoned R-5 (Residential Mixed-Use High-Density District). Directly to the south is a two-story apartment building that is zoned R-5, to the east is the Sapphire Motel that is zoned B-2M (Community Business District- Mixed) to the north are single-household residences and to the east a church, both of which are zoned R-3 (Residential Medium Density District). The site is located within the Neighborhood Conservation Overlay District (NCOD) and just outside the edge of the midtown Urban Renewal District. The application proposes to demolish an existing building and construct an apartment building that would have five floors with a total area of 64,511 square feet and include 111 residential units; 102 of which are one bedroom and 9 of which are two- bedroom. The residential units are located on every floor and range from 358 square feet to 597 square feet. The units are proposed to be rented and not offered for sale. The ground floor features a residential lobby, bicycle parking area, a game room, TV lounge, and an outdoor courtyard. Laundry facilities are located on floors two and four, and a lounge area on floors three and five. There are 37 parking spaces total with 28 located on the property and nine parallel spaces located on the street. Per 38.380.030 of the Bozeman Municipal Code (BMC), the developer is applying deep incentives for affordable housing when a building provides 50% or more of the gross floor area as affordable housing. The section states “Applications for development of affordable homes that comply with the requirements of this division qualify for and must be awarded the incentives applicable to the type and tenancy of affordable housing being provided and requested by the developer.” The project proposes 56 housing units that are priced no greater than 80% of the Area Median Income (AMI). AMI is the adopted standard for measuring affordability and is regularly published by the U.S. Department of Housing and Urban Development (HUD). This will include 51 one-bedroom units and 5 two-bedroom units. All units will be offered for rent. The project utilizes five of the deep incentives: 1. 3.b – Allow for two additional stories of height, maximum 15 feet per story, beyond what is allowed in the R-5 zone district. 2. 3.d – No minimum on-site vehicle parking but bicycle parking still applies. 3. 3.f (2) – Exemption from Section 38.510.030.E to J block frontage standards, provided that vehicle parking is prohibited between the front or side or a principal building and street. 4. 3.f (5) – Exempt from 38.530.050 building detail standards. 5. 3.5 (6) – Exempt from 38.530.060 building material standards. The existing building is a two-story structure that was built in 1958 as a convalescent center. It remained a care center until 2022 and now is vacant. It is not located in a historic district. Although it is not eligible to be individually listed under the National Register of Historic Places, it is categorized as contributing to a potential historic district which marks it as historic structure, defined by 38.700 of the Bozeman Municipal Code. It retains sufficient integrity to convey its historic character with the Postwar Expansion Phase of Bozeman’s development. This area was surveyed in 2020 as part of a larger survey effort of the B-2M zone district and directly surrounding areas. The surrounding area is composed of similar post war and mid-century development between North 7th and the adjacent residential neighborhood, known as the Karp and Violet Additions Subdivision. The application was submitted on November 27, 2023. The city reviewed this submittal and requested additional information and corrections from the applicant based on code provisions and adopted standards. This cycle of submittal and review resulted in a total of three revised application submittals by the applicant. During this adequacy review period, open space requirements, number of parking spaces, responses to overlay district standards, water, wastewater, utilities, and 153 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 3 of 33 transportation reports, and other submittal documents and drawings were revised by the applicant. The project was determined to be adequate on March 13, 2024. The initial public notice period took place from March 13 – April 8, 2024. Public comments that were received and that are not in favor of the project focus on affordable housing costs, unit size, traffic, parking, pedestrian safety, demolition of the existing structure, NCOD standards, mass and scale, and requesting the City Commission to reclaim the project. Public comment received in support focuses on infill and the increase in housing and housing diversity. Here is a link to the public comment folder for application 23354. On April 16, 2024, the City Commission unanimously decided to reclaim the application. The link to the video can be found here and the meeting minutes can be found here. Pursuant to 38.200.010.B.2, BMC, the City Commission “may, by a simple majority vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development application normally subject to the approval of the community development director. The vote must occur prior to the action of the community development director.” The reclaim process does not change any review criteria or development standard. Under City Commission authority, the final review and approval of the project will occur at a City Commission meeting. Public comment is taken by the City Commission for all action items per Commission rules and procedures. Based on initial staff analysis and the public comment received, City staff requested additional information and clarification. The applicant resubmitted application materials on April 24, 2024, and included the following changes from the original submission: 1. Replaced nine one-bedroom units with nine two-bedroom units; 2. Added more amenity space to achieve open space requirements from adding two-bedroom units; 3. Updated affordable housing unit locations to include five two-bedroom units; 4. Reduced bicycle parking spaces from 97 spaces to 24 spaces; 5. Added mechanical screening to blend in with the building; 6. Moved all trash and recycling to the interior; 7. Updated the narrative to reflect changes; 8. Included an addendum to the Historic Property Record form; 9. Added traffic calming measures to include a traffic circle at 5th and Villard; and 10. Provided an additional renovation vs. new build comparison. A full list of the revision summary can be found here. The additional information and clarifications submitted by the developer warranted additional public comment opportunity. The city reviewed this submittal and granted the project adequacy on March 13, 2024. The public comment period was re-opened and all public comment received between March 15 and July 9, 2024 will be considered by the City Commission during its review of the application. Public comment was received when the comment period was re-opened. Most comment received was in opposition of the project and echoed concerns mentioned above. For a break down of the public comment, see section 9 below. The City Commission is scheduled to review the application on July 9, 2024, in the City Commission Room at City Hall, 121 N. Rouse Avenue. A link to the application documents and drawings can be found here. UNRESOLVED ISSUES There are no unresolved issues with this application. 154 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 4 of 33 ALTERNATIVES 1. Approve the application with the recommended conditions and code provisions; 2. Approve the application with modifications to the recommended conditions and/or code provisions; 3. Deny the application based on the commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. Additional conditions of approval and code corrections are required and will be included with the final report provided to the Director of Community Development. 1. The Applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code (BMC) or State law. 2. Prior to building permit issuance, the applicant must provide a sample of the glass proposed along the ground floor to confirm conformance with the color and materials palette. 3. 38.400.010. A. Traffic calming measures are required adjacent to 5th Avenue and East Villard Street to mitigate associated traffic impacts with the site development. The traffic calming measures must be submitted as part of the applicant’s infrastructure submittal for review and formal City approval. Prior to receiving a Certificate of Occupancy, the installed traffic calming measures must be formally inspected and accepted by the City’s Transportation and Engineering Division. CODE PROVISIONS 1. BMC 38.380.040.E. The applicant and owner, if different, must consent to the City recording the affordable housing plan immediately following City Commission approval of the Guthrie at 5th and Villard site plan. 2. BMC 38.380.060. The applicant and owner, if different, must record and provide to the City of Bozeman a Notice of Restrictions for the Affordable Housing Plan and a Declaration of Restrictive Covenants that implements the affordable housing plan prior to final site plan approval. 3. BMC 38.240.350. A subdivision exemption application is required to aggregate the underlying lot. The amended plat must be approved and recorded prior to final site plan approval. 4. BMC 38.410.130. Water Adequacy: The estimated annual municipal demand from the project is 14.04 acre-feet (AF). Reducing this demand by accounting for the historic average annual demand from the existing facility of 1.71AF, the development will have a net increase of 12.33 AF on the City’s water supply. At the City’s current CILWR fee rate of $6,000/AF the CILWR fee for the project is $73,999. The fee must be paid prior to final site plan approval. The City encourages and supports water conservation through a rebate program for high efficiency fixtures. The rebate value is approximately 20% of the fee for the residential units, released at occupancy, if high- efficiency fixtures (toilets, washers, and shower heads) are installed due to reduced water use. A rebate agreement template outlining the terms of the rebate offer has been provided to the applicant team. If the owner is interested in pursuing the rebate, please complete the track changes with the owner information and send the word document to Griffin Nielsen at gnielsen@bozeman.net. If there are any questions about the agreement, please reach out over email. The agreement must be finalized prior to final site plan approval. 155 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 5 of 33 5. BMC 38.420.030. The applicant must pay the Cash-in-lieu of Parkland (CILP) prior to final site plan approval. 6. BMC 38.220.080.A.2.i.(4) – 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) on a City standard form for the following: a. Street improvements to 5th Avenue between Peach Street and Mendenhall including Street lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Villard Street between 7th Avenue and North Willson Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Beall Street between 7th Avenue and North Willson Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Intersection improvements at Villard Street and 7th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Intersection improvements at Beall Street and 7th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f. Intersection improvements at 5th Avenue and Peach Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. g. Intersection improvements at 5th Avenue and Mendenhall Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. The document filed shall 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 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 filed SID waiver prior to final plan approval. 7. BMC 38.410.060.B. The applicant must provide a signed and executed utility easement for the relocated overhead electric line and for the front utility setback easement along 5th Avenue and Villard Street prior to final site plan approval. 8. BMC 38.400.020.A. The applicant must provide a signed and executed public street and utility easement that meets city standards providing additional 4 feet right-of-way along the west side of 5th Avenue prior to final site plan approval. 9. BMC 38.270.030.C. The applicant proposes concurrent construction of the building and the infrastructure improvements. The applicant must fulfill the requirements of section 38.270.030 D, BMC prior to the issuance of a building permit for the proposed development or per 38.270.C complete construction of all off-site infrastructure first. 156 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 6 of 33 Figure 1: Location of site in proximity to Midtown and Main Street Subject Property Main Street Midtown District 157 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 7 of 33 Figure 2: Current Zoning Map 158 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 8 of 33 Figure 2: Community Plan Future Land Use 159 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 9 of 33 Figure 3: Proposed site plan 160 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 10 of 33 Figure 4: Civil Site Plan 161 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 11 of 33 Figure 5: North Elevation facing Villard Figure 6: East Elevation facing North 5th 162 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 12 of 33 Figure 7: West Elevation facing parking lot Figure 8: South Elevation facing parking lot 163 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 13 of 33 Figure 9: Renderings 164 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 14 of 33 Figure 10-12: Photos of existing building 165 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 15 of 33 166 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 16 of 33 Figure 13: Existing site aerial image 167 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 17 of 33 ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Plan Review, Section 38.230.100, BMC In considering applications for plan approval under this title, the Director of Community Development shall consider the following: 1. Conformance with Article 1 – Consistency with the City’s adopted Growth Policy 38.100.040.D Meets Code? Growth Policy Land Use Residential Mixed Use Yes Zoning R-5 Residential Mixed-Use High Density District Yes Comments: The Bozeman Community Plan 2020, page 73, discussing how zoning is made in accordance with a growth policy includes this statement: “The City must balance many issues in approving urban development. Therefore, it is not unusual if there is some tension between competing priorities, even if there is no explicit contradiction of policy.” The adopted regulations in Chapter 38 are the result of the Commission considering and balancing a wide range of issues and provides an overall compliance basis of evaluation. This balancing means that individual goals or objectives are not maximized to the exclusion of other priorities and evaluation occurs against the whole of the growth policy. Applications consistent with the adopted regulations are in accordance with the overall growth policy.” The Bozeman Community Plan 2020 encourages the City to look inward by prioritizing infill. This application supports the following goals, with staff analysis in italics: - Goal R-2.4: Social Equity: Provide solutions that are inclusive with consideration to populations that are most fragile and vulnerable to sudden impacts. This project proposes an affordable housing component in an infill development site with smaller apartment sizes that may be more suitable for individuals. This project proposes to offer roughly half of the apartments for rent at affordable prices (no greater than 80% of area median income). The smaller apartment sizes may be more suitable for individuals who are unable to afford market rate rental units. - Goal R-2.8: Harmonize with Existing Activity: Expand, enhance, or leverage work being done to build on existing efforts. This project helps support the reactivation of the Midtown/North 7th Corridor, into which the City has invested considerable resources. See additional information below about the historic and on-going efforts to revitalize this area of the City. - Goal N-1.1. Promote housing diversity, including missing middle housing. This project proposes a multi-family apartment building containing 56 affordable housing units and 55 market rate housing units. There are some smaller scale apartment buildings nearby, along with commercial and single-dwelling residential existing development. This larger scale apartment building will provide diversity in the housing types available in this neighborhood. - Goal N-1.3: Revise the zoning map to lessen areas exclusively zoned for single-type housing. This property was zoned R-5 in 2015 by Ordinance 1942 to provide higher density buildings near the B-2M zone district to support the Bozeman Midtown Urban Renewal District. The R-5 zone provides for a variety of housing types and massing. As noted above, this project proposes a larger scale apartment building, which is allowed in the R-5 zone and provides an alternative housing type to those currently present in this area. - Goal N-1.11: Enable a gradual and predictable increase in density in developed areas over time. The North Seventh/Midtown Urban Renewal District was created in 2006 under ordinance number 1862 to remedy conditions of blight found in the area through redevelopment. In 2015, the Midtown district was zoned B-2M and the subject property was zoned R-5. Since the creation of this urban renewal district, there has been a significant amount of redevelopment along North 7th and within the B-2M zone district including commercial and mixed-use buildings that range from 2-4 stories tall with more active uses on the ground floor and residential uses above. Construction will continue to vary as development occurs and where early phases of multi-story buildings takes place, eventually projects of mid-rise or five story buildings will emerge (pg. 13, Midtown Plan). The zoning of the site from R-3 to R-5 provided a public process and opportunity for awareness of expected intensification of development on the site. 168 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 18 of 33 - Goal N-1.12: Encourage major employers to provide employee housing within walking/biking distance of place of employment. These units could support workers at various midtown and downtown businesses, including nearby restaurants, retail and service establishments, schools, and local government. - Goal N-2.2: Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. This project does not revise the zoning map, but as stated above, the subject property was previously rezoned to R-5 to encourage higher density development near the North 7th corridor and midtown area. The project is within walking distance of commercial corridors and amenities, including North 7th and downtown which provide ample services. The property is located within 1000 feet of two Streamline Bus lines and less than 800 feet from a school. - Goal N-3.7: Support compact neighborhoods, small lot sizes, and small floor plans, especially through mechanisms such as density bonuses. The project proposes units with relatively small floor plans that range from 357 to 597 square feet with 102 one-bedroom units and 9 two bedroom units. This project uses deep incentives for affordable housing to acquire density bonuses to allow for a taller building. It creates a higher density project within an infill area in the heart of the city. - Goal N-3.3: Encourage distribution of affordable housing units throughout the City with priority given to locations near commercial, recreational, and transit assets. The project proposes affordable housing in a location adjacent to the B-2M zone district, that is within one-half a mile of three parks and within 1,000 feet of two Streamline bus lines. - Goal N-4.1: Continue to recognize and honor the unique history, neighborhoods, and neighborhood character, and buildings that contribute to Bozeman’s sense of place through programs and policy led by both City and community efforts. The subject property is located within the Neighborhood Conservation Overlay District. It is on the edge of the Midtown Urban Renewal District which is an area designed for commercial, mixed use, and multi-family housing of a higher intensity. However, adjacent to the north and east is a lower residential neighborhood that has associations with the Postwar phase of Bozeman’s development. This area was surveyed in 2019-2020 with a report detailing that the Violett Addition and Karp Addition subdivisions located along North 4th, 5th, and 6th Avenue has potential to be a National Register Historic District meaning that the structures within the neighborhood have intact structures that reflect the Postwar phase of Bozeman’s development. The building that is proposed to be demolished is considered a contributing structure to this potential historic district, although more research and study would be necessary to determine actual significance. So even though the property is located next to the Midtown Urban Renewal District which is expected to become a higher intensity, mixed use area, the demolition of this structure could have negative impacts to the residential neighborhood’s history and sense of place that depicts a Postwar development. Nevertheless, because the property is located within a transition zone and the underlying zone district, it is in a period of transition that will support a higher intensity area. - Goal DCD-1.1: Evaluate alternatives for more intensive development in proximity to high visibility corners, services, and parks. As stated above, the subject property is within close proximity of services and parks. - Goal DCD-1.5: Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. The project uses affordable housing incentives to increase density on an underused infill site with a functionally obsolete building adjacent to the B-2M zone district. - DCD-2.2: Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. The subject property is one block from North 7th which is a main corridor that supports higher density development. - DCD-2.7: Encourage the location of higher density housing and public transit routes in proximity to one another. As stated above, the subject property is within 1,000 feet of two Streamline bus lines and the development proposes to provide greater housing density than that which currently exists on the site. As noted above, the site was rezoned years ago to support addition development, including apartment development. - DCD-2.9: Evaluate increasing the number of stories allowed in centers of employment and activity while also directing height transitions down to adjacent neighborhoods. The City Commission adopted an affordable housing ordinance number 2105 in October 2022. This ordinance offers a menu of deep incentives to incentivize the creation of affordable housing. One of the deep incentives offered is increasing the number of stories on a structure. The R-5 zone district allows structures to be 50-60 feet high depending on roof pitch, while utilizing the affordable housing deep incentives allows a structure to reach up to 80 feet. The project proposes to use approximately 11.5 feet of additional incentive height. The use of this incentive is practical granted its location and its proximity to Midtown and downtown centers of activity and employment. Pursuant to the code, no height transition between the R-5 zone district and the R-3 zone 169 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 19 of 33 district to the north and east is required. A street and code-required building setbacks in both the R-5 and R-3 zone districts provide a height transition buffer. - DCD-3.1: Expand multimodal accessibility between districts and throughout the City as a means of promoting personal and environmental health, as well as reducing automobile dependency. This infill site is very walkable as it is in proximity to a variety of amenities and close to two bus stops with active routes. - DCD-4.4: Differentiate between development and redevelopment. Allow relaxations of code provisions for developed parcels to allow redevelopment to the full potential of their zoning district. The property is zoned R-5 which is a residential mixed-use high-density district to provide for high density residential development. This property was zoned to encourage higher density redevelopment due to its proximity to a commercial corridor. The project does not request any relaxations of code. - M-1.12: Eliminate parking minimum requirements in commercial districts and affordable housing areas and reduce parking minimums elsewhere. Per the affordable housing ordinance, parking is reduced through incentives for affordable housing projects. The subject property is categorized as Residential Mixed-Use on the Future Land Use Map of the Growth Policy. This category promotes neighborhoods substantially dominated by housing yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single-detached dwellings, apartments, and live-work units. If buildings include ground floor commercial uses, residences should be located on upper floor. Variation in building mass, height, and other design characteristics should contribute to a complete and interesting streetscape. Secondary supporting uses, such as retail, office, and civic uses, are permitted on the ground floor. All uses should complement existing and planned residential uses. Non-residential uses are expected to be pedestrian oriented and emphasize the human scale with modulation in larger structures. Stand alone, large, non-residential uses are discouraged. Non-residential spaces should provide an interesting pedestrian experience with quality urban design for buildings, sites, and open spaces. This category is appropriate near commercial centers. Larger areas should be well served by multimodal transportation routes. Multi-unit, higher density, urban development is expected. Any development within this category should have a well-integrated transportation and open space network that encourages pedestrian activity and provides ready-access within and adjacent development. As noted above in the analysis to the various goals articulated in the Bozeman Community Plan 2020, this application conforms to its designation in a Residential Mixed-Use area on the Future Land Use Map of the Growth Policy. It proposes a multi-unit, high density apartment building with a mix of affordable housing units and market rate units. It utilizes affordable housing incentives to add approximately 11.5 feet in height to the building and proposes a building mass that is bigger than many of the surrounding structures, providing variation among the buildings in the area that contributes to a complete and interesting streetscape. It is expected that Midtown will continue to develop with high density residential uses and urban development. It is an infill project that is well-integrated into existing infrastructure, including multimodal transportation options because it is supported by nearby Streamline bus service and is within walking distance of many commercial services and social amenities, including a school, church, and the fairgrounds. The project has access to nearby open spaces, such as Westlake Park, Beall Park, and Centennial Park. The subject property is zoned R-5, Residential Mixed-Use High-Density District which is an implementing district for the Residential Mixed-Use future land use designation. Per 38.300.100, “The intent of the R-5 residential mixed-use high-density district 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 near jobs and services.” 170 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 20 of 33 The apartment use is allowed in the R-5 zone district. The proposed project supports the R-5 residential mixed-use high- density district because it is a high-density residential development located in a walkable area adjacent to a variety of services and jobs within in the Midtown Urban Renewal District. The project is consistent with a long line of City Commission decisions regarding the development of the area and the growth policy. The Midtown Urban Renewal District was created in 2006 under ordinance number 1862 as the North Seventh Urban Renewal District to remedy the conditions of blight found in the area through redevelopment. In 2015, it was expanded under ordinance number 1925 for purposes of furthering its efforts to revitalize the commercial area and surrounding neighborhoods and named the Midtown Urban Renewal District. Shortly thereafter, the B-2M zone district and R-5 zone district were created by Ordinance 1942 to provide higher density buildings built near the street, encourage ground floor commercial uses, and reduce parking minimums. The Bozeman Midtown Urban Renewal District Plan was adopted in 2017 with a deliberate emphasis on focused redevelopment through methods such as increased building density, the construction of urban and dense housing projects, improved multimodal transportation, and promoted a pedestrian oriented environment. As noted above, the growth policy supports infill and redevelopment consistent with adopted standards. Since the creation of this urban renewal district, there has been a significant amount of redevelopment along North 7th and within the B-2M zone district including commercial and mixed-use buildings that range from 2-4 stories tall with more active uses on the ground floor and residential uses above. This is also consistent with the adopted future land use designations and growth policy goals and objectives. “Construction will continue to vary as development occurs and where early phases of multi-story buildings is currently taking place, eventually projects of mid-rise or five story buildings will emerge” (pg. 13, Midtown Plan). In the B-2M zone district, buildings designed for non-residential or mixed use can build up to five stories or 60 feet, whichever is less, provided the top floor of the building has a step back of 30 feet. For buildings designed for solely residential use, the allowed height is four stories or 50 feet, whichever is less. The R-5 district allows for a building height of 50-60 feet depending on roof pitch. The adjacency of this property to commercial services and various employers accommodates more dense residential dwelling units in a geographically compact, mixed-use area that is in accordance with the R-5 zone district and Urban Renewal Plan. It also contributes to the mixture of housing types available in this area because it provides larger scale multi-family housing in addition to the already existing smaller scale apartment buildings and single detached dwellings. 2. Conformance with Article 1 – All other applicable laws, ordinances, and regulations (38.100.080) Condominium ownership NA Comments: The project proposes rental uses. Any change to allow individual unit ownership would require a separate condominium review application. 3. Conformance with Article 2, including the cessation of any current violations (38.200.160) Meets Code? Current Violations None NA Comments: There are no current violations on the subject property. 4. Conformance with Article 2 – Submittal material (38.220) requirements and plan review for applicable permit types (38.230) Meets Code? Site Plan & Certificate of Appropriateness (COA) Yes Submittal requirements 38.220.100 Yes Phasing of development 38.230.020.B No. of phases: 1 Yes Comments: The site plan and COA criteria are met with this project. The proposal conforms to zoning provisions, community design provisions, and project design provisions. See analysis below for how the required standards of each article is met. Concurrent Construction has been requested by the applicant to allow simultaneous construction of the proposed building and required supporting infrastructure. The required infrastructure improvements include adjacent improvements that are subject to BMC 38.270.030.C. The requirements of this section including City and DEQ infrastructure review, approval from the City Fire 171 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 21 of 33 Marshall, execution of an Irrevocable Offer of Dedication, and an acceptable concurrent construction plan, must be met prior to a building permit being issued for the development as required by Code Provision 7. 5. Conformance with Article 3 - Zoning Provisions (38.300) Meets Code? Permitted uses 38.310 Apartments Yes Form and intensity standards 38.320 Zoning: R-5 Setbacks (feet) Structures Parking / Loading Yes Front 15’ Block frontage: Landscaped and Special Residential, see Section 7a Rear 20’ 5’ Side 5’ 5’ Alley 5’ NA Comments: Apartments are a permitted use in the R-5 zone district. The proposed building meets setback requirements and has two front setbacks since it is located on a corner lot. The building is set back 19 feet from West Villard Street and 15 feet from North 5th Avenue. Block frontage standards also apply and dictate setback standards for parking and ground floor residential. See section 7a for further analysis. Lot coverage 33% Allowed: None Yes Building height 61.5’ Allowed: 50-60’ for R-5 80’ with deep incentives for affordable housing Yes Comments: The R-5 zone district does not have a maximum lot coverage limit. The R-5 zone district allows a 60 foot tall building with a roof pitch of >3:12. The project proposes to use deep incentives for affordable housing that would allow for 80-foot tall building. This project proposes to only add one additional story to the allowed height of the building through deep incentives. The proposed building will be 61.5 feet in height. There is an elevator penthouse and mechanical equipment that extends 5 feet above the roof line. For analysis on affordable housing deep incentives, see below. Zone edge transitions Yes Comments: No zone edge transition is required because this property is adjacent to R-3 and B-2M zoning districts. Zone edge transitions only apply for R-5 districts that are adjacent to the RS, R-1, or R-2 zone district. For buildings located at the edge of a zoning district and thatuse the affordable housing height incentives, there must be a required setback from the property line and a 45-degree angle step back on the top floor. However, this is only applicable when the property directly abuts a lower density residential zone district and there is not a street that acts as the buffer. Zone edge transitions do not apply when there is an alley or street. Here, Villard and 5th streets separate this site from other nearby zoning districts. Applicable zone specific or overlay standards 38.330-40 Yes Comments: The property is located within the Neighborhood Conservation Overlay District (NCOD). See section 11 below for full analysis. General land use standards and requirements 38.350 Yes Comments: Per 38.350.050, there are permitted encroachments into setbacks. Awnings are allowed to encroach five feet into the front setback and patios are allowed to encroach five feet into the front setback, provided features do not extend above the height of the ground level of the structure. The building proposes awnings and patios that encroach five feet into the front setback, in compliance with standards. Applicable supplemental use criteria 38.360 NA Supplemental uses/type NA NA Comments: There are no supplemental uses or types proposed. Wireless facilities 38.370 NA 172 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 22 of 33 Affordable Housing 38.380.010 Yes Affordable housing plan Yes, with code provision Comments: For complete analysis regarding the Affordable Housing Administrator’s determination of compliance with all affordable housing code provisions, see the attached affordable housing report. The project proposes 56 housing units that are priced for rent at no greater than 80% of the Area Median Income. 51 units are one-bedroom units and 5 are two-bedroom units. The affordable units are distributed throughout the building. Every unit on the second and third floor meets affordability requirements. There are 24 units on each floor with 2 being two-bedroom units. The fourth floor has 5 affordable units with 1 being a two-bedroom. The fifth floor has 3 one-bedroom affordable units. The units range from 361 square feet to 597 square feet. There are 55 market rate units, 4 which are two-bedroom units. The market rate units range from 357 square feet to 597 square feet.. The affordable housing units cannot be rented as short-term rentals meaning they cannot be rented for less than 28 days at a time per Ordinance 2149. Per 38.380.030, the developer may apply incentives to a building that provides 50% or more of the gross floor area as affordable housing. The section states “Applications for development of affordable homes that comply with the requirements of this division qualify for and must be awarded the incentives applicable to the type and tenancy of affordable housing being provided and requested by the developer. The project applies five incentives: 1. 3.b – Allow for two additional stories of height, maximum 15 feet per story, beyond what is allowed in the R-5 zone district: The height allowed is 80 feet, the project proposes one additional story, bringing the height up from 50’ to 61’- 1.5”. 2. 3.d – No minimum on-site vehicle parking but bicycle parking still applies: The project proposes 37 parking spaces which is more than what is required and 24 bicycle parking spaces which meets the standards for amount required. 3. 3.f (2) – Exemption from Section 38.510.030.E to J block frontage standards, provided that vehicle parking is prohibited between the front or side or a principal building and street: Parking is provided on a parking lot along North 5th. When a building faces two streets, the parking lot can front onto one street when the primary frontage is identified which is this case is Villard. 4. 3.f (5) – Exempt from 38.530.050 building detail standards. 5. 3.5 (6) – Exempt from 38.530.060 building material standards. The Affordable Housing Administrator, has approved the Affordable Housing Plan for the project and finds that the plan includes all information for the City to confirm compliance with the standards and criteria in BMC 38.380, including the standards in 38.380.030.B: Incentives available. Prior to final site plan approval, the applicant must record a Declaration of Restrictive Covenants, acceptable to the City Attorney, that implements the affordable housing plan and record the affordable housing plan with the Gallatin County Clerk and Recorder. 6a. Conformance with Article 4 - Community Design Provisions: Transportation Facilities and Access (38.400) Meets Code? Streets 38.400.010 Yes Street and road dedication 38.400.020 Yes, with code provision Access easements Yes Level of Service 38.400.060 Yes Transportation grid adequate to serve site Yes, with condition Comments: The applicant provided a Traffic Impact Study (TIS) conducted by Sanderson Stewart, which was thoroughly evaluated by the Engineering Division and was found to satisfy City standards for trip generation and level of service (LOS) evaluations. In addition to the standard requirements, the Engineering Division requested the applicant identify any local street impacts, which required an update to the original TIS. 173 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 23 of 33 BMC 38.400.060.4 states “Intersections must have a minimum acceptable LOS of "C" for the intersection as a whole.” The only location where the overall intersection LOS does not meet the requirements of this section of the BMC is the intersection of N 7th Avenue and Peach Street. However, the Montana Department of Transportation (MDOT) is currently in design for improvements to the North 7th Avenue and Peach Street/Durston Road intersection to address the LOS deficiency. The project is scheduled for construction in 2025. Based on MDOT’s imminent plans to address it, the North 7th Avenue and Peach Street/Durston Road intersection was excluded from the TIS per BMC 38.400.060.B.4 subsection 2. The TIS demonstrated that every other intersection as a whole would remain at better than LOS “C,” and therefore the requirements of the BMC is met. Of note, the TIS stated that drivers on certain local streets, including West Villard and West Beal, could expect slightly increased delays where those local streets intersect with North 7th Avenue. Although these specific approaches to the intersections were determined to operate at a LOS “D,” the intersections as a whole maintain their LOS “C” rating. Again, these intersections therefore meet the requirement of the BMC which is that the intersection as a whole operate at LOS C or better. Although the current code does not require an evaluation of traffic local streets, except where they intersect with collector streets, the City has proposed changes to the BMC that would require data regarding local street traffic volumes and require traffic calming infrastructure in instances where traffic volumes on local streets exceeds 1,000 trips per day. Given that contemplated change to the code and in response to many concerns about the traffic volume on local streets raised in public comment, the Engineering Division requested that the applicant provide additional data on traffic generation on the local streets. The amended TIS anticipated 1,080 trips per day on Villard Street between N7th Ave and N 5th Ave after development of this project. Based on the data provided regarding the impact of the development to local streets and the public comment concerning traffic congestion, the Engineering Division requested the applicant include traffic calming measures to mitigate the impact of increased traffic at the intersection of West 5th Avenue and Villard Street, which is included as condition of approval 3. To satisfy the condition of approval, the applicant proposes to install a traffic circle at North 5th Avenue and West Villard Street. The Engineering Division reviewed the traffic calming proposal and found it acceptable to mitigate the anticipated impacts of the development, with the condition that the final characteristics of the traffic calming measures must include specific consideration for emergency vehicle and school bus travel. These characteristics must be considered and finalized through the infrastructure design and review process. Sidewalks 38.400.080 Yes Comments: The site will include new 5-foot-wide detached sidewalks. Street trees line the boulevard space between the street and sidewalk and landscaping is provided between the building and sidewalk. Drive access 38.400.090 Access to site: 1 Yes Fire lanes, curbs, signage and striping Yes Comments: Access is from North 5th Avenue into the parking lot. Fire lanes, curbing, striping, signage and gutters have been reviewed and approved by the Fire Department and Engineering Division. Street vision triangle 38.400.100 Yes Transportation pathways 38.400.110 Yes Pedestrian access easements for shared use pathways and similar transportation facilities NA Public transportation 38.400.120 NA Comments: There are no applicable pathways or transportation facilities, nor public transportation proposed with this project. 6b. Conformance with Article 4 – Community Design Provisions: Community Design and Elements (38.410) Meets Code? Neighborhood centers 38.410.020 NA Comments: Based on the size of the project, a neighborhood center is not required. Lot and block standards 38.410.030-040 NA Midblock crossing: rights of way for pedestrians alternative block delineation NA 174 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 24 of 33 Comments: This is an infill project on existing lots on an existing block. A subdivision exemption is required to merge the lots prior to final site plan approval. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area NA Provisions for utilities including efficient public services and utilities 38.410.050-060 Yes Easements (City and public utility, rights-of-way etc.) Yes, with code requirement Water, sewer, and stormwater Yes Other utilities (electric, natural gas, communications) Yes CIL of water rights (CILWR) Yes, with code requirement Comments: The subject property is an infill site so existing infrastructure services the site. There is adequate capacity to service the proposed development. Additional right of way is needed to allow placement of the new sidewalk in the correct location and provide space for required street trees along North 5th Avenue consistent with the proposed site plan. An easement to grant an additional four feet to extend the platted right of way is required to make way for the boulevard design along the building frontage on North 5th Avenue. The public street easement granting this right-of-way is required to be approved prior to final site plan approval. A Site, Water, Sewer, and Storm Water Engineering Report was prepared by Stahly Engineering. Site improvements include new water and sewer services, storm drainage mitigation, franchise utilities, and an overhead power reroute. The project will have an on-site subsurface retention system beneath the parking lot that captures and retains site and building stormwater runoff. The Engineering Division found the report to meet Design Standards. The estimated annual municipal water demand from the project is 14.04 acre-feet (AF). Reducing this demand by accounting for the historic average annual demand from the existing facility of 1.71AF, the development will have a net increase of 12.33 AF on the City's water supply. At the City's current CILWR fee rate of $6,000/AF the CILWR fee for the project is $73,999. The fee must be paid prior to final site plan approval. The City encourages and supports water conservation through a rebate program for high efficiency fixtures. The rebate value is approximately 20% of the fee for the residential units, released at occupancy, if high- efficiency fixtures (toilets, washers, and shower heads) are installed due to reduced water use. A rebate agreement template outlining the terms of the rebate offer has been provided to the applicant team. If the owner is interested in pursuing the rebate, please complete the track changes with the owner information and send the word document to Griffin Nielsen at gnielsen@bozeman.net. If there are any questions about the agreement, please reach out over email. The agreement must be finalized prior to final site plan approval. Municipal infrastructure requirements 38.410.070 Yes Comments: Requirements for municipal infrastructure have been reviewed by the Engineering Department for functionality and compliance with adopted standards. Grading & drainage 38.410.080 Yes Location, design and capacity of stormwater facilities Yes Stormwater maintenance plan Yes Landscaping amenities for stormwater facilities NA Comments: A Geotech Report was provided by TD&H Engineering and found that the surface and subsurface conditions can accommodate the building and site improvements. A Site, Water, Sewer, and Storm Water Engineering Report was prepared by Stahly Engineering. The project will have an on-site subsurface retention system beneath the parking lot that captures and retains site and building stormwater runoff. The Engineering Division found the report to meet Design Standards. Watercourse setback 38.410.100 NA Watercourse setback planting plan 38.410.100.2.f NA 175 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 25 of 33 Comments: There is no watercourse on the property. 6c. Conformance with Article 4 – Community Design Provisions: Park and Recreation Requirements (38.420) Meets Code? Parkland requirements 38.420.020.A .30 acres Yes Cash donation in lieu (CIL) 38.420.030 $34,630.20 Yes, with code provision Improvements in-lieu NA Comments: 38.420.020 caps maximum park dedication requirements to 12 dwellings per acre. The project proposes to provide CIL of parkland for the project. The Parks Department finds it is appropriate to accept CIL. Final payment of CIL is required prior to final site plan approval. Commission Resolution 4784 established criteria for evaluation of cash-in-lieu of parkland. Staff finds that the project meets the criteria to grant CIL for parkland as the subject property is located within half a mile from Westlake Park, Beall Park, and Centennial Park and that those parks have the levels of service and facilities to adequately serve the property. For complete analysis regarding CIL of parkland and how it is in compliance with parland code provisions, see the attached CIL Affordable Housing Administrator’s determination of compliance with all affordable housing code provisions, see the attached CIL memo. Park Frontage 38.420.060 NA Park development 38.420.080 NA Recreation pathways 38.420.110 NA Park/Recreational area design NA Comments: Parkland requirements are satisfied through the provision of cash in lieu. 7a. Conformance with Article 5 – Project Design: Block Frontage Standards (38.510) Meets Code? Block frontage classification Villard: Mixed/Landscape North 5th: Landscape Special Residential Yes Departure criteria None NA Comments: West Villard Street is designated a mixed block frontage. Sites that include a mixed block frontage have the option to comply with either storefront or landscape block frontage provisions, the applicant proposes to use landscape block frontage. North 5th Avenue is designated as landscape block frontage. Ground floor land use: Residential units and residential supported uses such as the lobby are permitted uses. Building placement: The building is set back 19 feet from West Villard Street and 15 feet from North 5th Avenue. When the zone district is more restrictive form and intensity standards, the zone district setback applies. The R-5 minimum front setback is 15 feet. Façade transparency: Residential uses along the ground floor require 15% transparency along the entire façade. This standard is met along both streets. Weather protection: There is weather protection that is at least 3 feet over the residential entries and primary building entrance and meets code requirements. Parking location: The parking lot is along North 5th Avenue. When a building faces two streets and meets the primary frontage, parking location standards are not required to meet building-to-parking location percentage frontage standards for subsequent building frontages. The primary frontage identified is West Villard Street. Landscaping: The area between the street and the building includes landscaping, private porches, and pedestrian oriented space. Low level landscaping is provided along the residential units that are located on the ground floor. 176 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 26 of 33 Sidewalk width: The sidewalks along the streets are 5 feet wide. The project is exempt from the standards of the special residential block frontage per the deep incentives for affordable housing. 7b. Conformance with Article 5 – Project Design: Site Planning and Design Elements (38.520) Meets Code? Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development Yes Relationship to adjacent properties 38.520.030 Yes Non-motorized circulation and design systems to enhance convenience and safety across parking lots and streets, including, but not limited to paving patterns, pathway design, landscaping, and lighting 38.520.040 Yes Comments: The subject property is designed to incorporate circulation and amenities for pedestrians. It is connected to sidewalks along West Villard Street and North 5th Avenue. Ground level features are integrated into the development for pedestrians. There are no balconies proposed on the upper floors. Light and air access standards are met meaning that the units that face the side and rear property line have adequate solar access since the building is set back more than 15 feet from the west and south property line. Design of vehicular circulation systems to assure that vehicles can move safely and easily both within the site and between properties and activities within the general community 38.520.050 Yes Internal roadway design 38.520.050.D NA Comments: Vehicular access to the property is via North 5th Avenue. On-site open space 38.520.060 Yes Total required 11,550 square feet (100 sf for one-bedroom, 150 sf for two- bedroom) Yes Total provided 11,637 square feet Yes Comments: Open space is provided through common outdoor space, interior amenities, and private patios. There are three common outdoor areas, one located on the corner of West Villard Street and 5th, one along the west side of the property, and one on the southeast side of the building. It equates to 6,618 square feet. All shared open space is centrally located and averages 15 feet in width. These areas include landscaping, seating, lighting, grill space, and other pedestrian amenities. Private patio spaces are located on the ground level, each 100 square feet and equate to 1,550 square feet. All patios have a dimension no less than six feet. All multi-household development with ground level private spaces require some sort of separation between the private/public space. The patios on the north and east side are enclosed by hedges that are at least 32 inches tall. The patios on the west side are enclosed using a decorative fence that is at least 32 inches tall. Interior amenities on level one include a game room, TV lounge, and lounge/lobby area. All areas provide seating and other features to be used by residents. Levels three and five include a lounge area that is central to the residents. Interior amenities equate to 3,469 square feet. Level two and four include laundry amenities, which do not count towards open space. Location and design of service areas and mechanical equipment 38.520.070 Yes Comments: Trash and recycling containers are located inside the building and are moved to tip pad for collection on pick up day. Mechanical screening that is viewable from the sidewalk is wrapped in vinyl wrapping so that it blends into the building’s material. 7c. Conformance with Article 5 – Project Design: Building Design (38.530) Meets Code? Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development 38.530.030 Yes 177 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 27 of 33 7d. Conformance with Article 5 – Parking (38.540) Meets Code? Parking requirements 38.540.050 Exempt per affordable housing incentives Yes Parking requirements residential 38.540.050.A.1 Exempt per affordable housing incentives Reductions residential 38.540.050.A.1.b NA Parking requirements nonresidential 38.540.050.A.2 NA Reductions nonresidential 38.540.050.A.2.c NA Provided off-street 28 Provided on-street 9 Bicycle parking 38.540.050.A.4 24 Yes Comments: Per the deep incentives for affordable housing, there is no minimum on-site parking requirement. The project proposes 37 vehicle parking spaces that meet stall, aisle, and driveway design requirements. There are seven compact parking spaces provided on the site which meets the compact parking standard that a maximum of 25% of the provided parking spaces, or 9 spaces, may be compact only parking spots. Bicycle parking standards still apply and are not exempt from the affordable housing incentives. The number of bicycle parking spaces required is equivalent to ten percent of the number of parking stalls. Without the affordable housing incentives eliminating the need to provide parking, 117 parking spaces are required. 11 bicycle spaces are required which is ten percent of the parking requirements. The project proposes 24 spaces which include 12 interior spaces and 12 exterior spaces. Loading and unloading area requirements 38.540.080 NA First berth – minimum 70 feet length, 12 feet in width, 14 feet in height NA Additional berth – minimum 45 feet length NA Comments: NA 7e. Conformance with Article 5 – Landscaping (38.550) Meets Code? Building massing and articulation 38.530.040 Exempt per affordable housing incentives Building details, materials, and blank wall treatments 38.530.050-070 Yes, exemption from building details and materials requirements per affordable housing incentives Comments: The primary façade faces north. Per the deep incentives for affordable housing, the project is exempt from meeting standards outlined in 38.530.040.E, maximum façade width, 38.530.040.F, roofline modulation, 38.530.050, building details and 38.530.060, building materials. Façade articulation for residential buildings must include three features every 30 feet. The project uses windows, entries, change in materials, and patio fencing to articulate the building. For blank wall treatments, any wall that has a horizontal length greater than 15 feet and a height of over 10 feet must include a window, door, or some sort of other blank wall treatment. The east, north, or south elevations do not have any area that exceeds these dimensions. The west elevation where there isn’t a window or door incorporates landscaping along the ground level and then material paneling on the upper levels to mitigate for blank walls. The proposed development is an infill residential development that is compatible with and contributes to the new developing urban form that is part of North 7th Avenue and the Midtown Urban Renewal District. This taller form has been emerging over the past few years as a dynamic, mixed use, and urban area that assists in revitalization of the Midtown Urban Renewal District. It also supports a mix of different housing types that promote a walkable neighborhood. 178 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 28 of 33 Mandatory landscaping requirements 38.550.050 Yes Drought tolerant species 75% required Yes Parking lot landscaping Yes Additional screening NA Street frontage Yes Street median island NA Acceptable landscape materials Yes Protection of landscape areas Yes Irrigation: plan, water source, system type Yes Residential adjacency NA Comments: The project has been reviewed and found to be in conformance with the landscaping requirements, including, but not limited to landscaping in the front setback, landscape buffer between the parking lot and the street, incorporation of more than 75% drought tolerant species, parking lot landscaping through bulb outs and trees, and appropriate irrigation systems. Landscaping of public lands 38.550.070 NA Comments: NA 7f. Conformance with Article 5 – Signs (38.560) Meets Code? Allowed SF/building 38.560.060 NA Proposed SF/building NA Comments: No signs are proposed with the site plan. A sign permit will be required prior to any signs installed. 7g. Conformance with Article 5 – Lighting (38.560) Meets Code? Site lighting 38.570.040 Yes Building entrance lighting 38.570.040.B Yes Comments: All lights must be shielded in a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element. All lighting meets standards. 8. Conformance with Article 6 – Natural Resource Protection Meets Code? Floodplain regulations 38.600 NA Wetland regulations 38.610 NA Comments: NA 9. Relevant Comment from Affected Parties (38.220) Meets Code? Public Comment Yes Comments: The first round of public notice ran from March 15 until April 8, 2024, and 124 public comments were received during that period. After additional information was submitted by the applicant, the public comment period was re-opened to include all comments received between March 15, 2024, and July 7, 2024. At the time of writing this report, 171 comments have been received. Public comment will be taken until the City Commission closes the public comment at the City Commission meeting. The comments are summarized by topic with staff response below: - Affordable housing and use of deep incentives: Comments received centered around the fact that the application does not qualify for the deep incentives as it does not meet AMI and that the units do not qualify as a one-bedroom unit. The City Commission adopted Ordinance 2105 on October 22, 2022 to repeal and replace Division 38.380 Affordable Housing and assign responsibility for review of Affordable Housing Plans to the Affordable Housing Administrator. The changes to the code include adding incentives to advance the city’s interest in assuring that additional affordable housing is built in the city (Legislative Findings number 9, page 3). These incentives are offered to property owners and developers willing to construct housing at levels of affordability consistent with the housing needs and goals identified in the Bozeman Community Plan 2020, the Community Needs Assessment (2019), and Community Housing Action Plan (2020). Per 38.380.030.B, if the developer meets the standards from table 38.380.020-1 in the same geographically contiguous development as market rate homes, the developer may apply for deep incentives in which 50 percent or more 179 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 29 of 33 of the gross floor area contains residential uses. For multi-household dwellings, the price of rental dwellings must not exceed 80% of AMI with a restrictive covenant to maintain their affordable housing status for 30 years. Section 38.380.030 states “Applications for development of affordable homes that comply with the requirements of this division qualify for and must be awarded the incentives applicable to the type and tenancy of affordable housing being provided and requested by the developer.” Please see section 5 above as well as the attached Affordable Housing Administrator’s determination for analysis and information regarding how the proposed Affordable Housing Plan meets the requirements of Division 38.380, BMC. - Short term rentals: Comments were received that the units will be used as short term rentals. The affordable housing units cannot be rented as short-term rentals meaning they cannot be rented for less than 28 days at a time per Ordinance 2149. The market rate units, which are not designated as affordable housing units can be rented in accordance with short term rental regulations in 38.360.260, BMC, just as any other dwelling unit in the City. Notably, recent amendments to the City’s short term rental codes require a host to live in the rented dwelling unit as their primary residence, or in the same building as the rented dwelling unit in the case of a Type 2B short term rental. - Size of units: Comments centered around the size of the units proposed are too small and the amenities within the units, like a very small kitchen with a hot plate isn’t enough to constitute a livable space. There are 111 units proposed, 102 units are one-bedroom, nine are two-bedroom. The BMC does not contain a definition of the term “bedroom” nor does it prescribe a minimum size of a dwelling unit or bedroom. The Growth Policy supports a variety of housing types and sizes. Building codes also have minimum area requirements for dwellings and all units meet those standards. - Lack of parking: Comments received centered around that the amount of parking provided is not adequate for so many units. Pursuant to the affordable housing ordinance adopted by the City Commission setting forth the various incentives available in exchange for the development of affordable housing, no minimum on-site parking is required as outlined in 38.380.030.B. The location of this infill project, with its walkable access to downtown and midtown district amenities, as well as its proximity to public transit make it possible for residents to utilize transportation alternatives to cars, potentially decreasing the need for parking. As discussed in section 1, the Growth Policy also supports decreasing parking requirements. - Traffic concerns: Comments received centered around that the intensification of the use will bring more traffic to the area that the streets cannot support. The traffic impact study (TIS) received was viewed by the City’s Transportation Engineer and found to meet standards. In response to the City’s anticipated code amendments regarding traffic congestion on local streets, data supplied by the amended TIS that 1,080 daily trips on local streets are anticipated, as well as public comment concerning traffic, the City requires traffic calming infrastructure as a condition of approval. The applicant proposes to incorporate a traffic circle as a traffic calming measure at 5th and Villard. The Engineering Division has found this to be satisfactory and will require additional design information with infrastructure review to ensure it meets standards. - Pedestrian circulation and safety: Comments received reflected concern that, due to the subject property’s location near Whittier Elementary School, it poses safety issues for children and people walking to go to school since there will be increased traffic. The project conforms to site design standards related to pedestrian circulation. The site is connected to existing pedestrian infrastructure and the existing sidewalks will be improved to meet width standards and engineering standards. See comments above and in section 6.a. of this report regarding analysis of the traffic anticipated on local streets and condition of approval 3. - City Commission reclaim: Comments received centered around requesting the City Commission to reclaim the application to be reviewed by them rather than the Director of Community Development. Per 38.200.010.B.2, the City Commission may by simple majority vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development application normally subject to the approval of the community development director. The vote must occur prior to the action of the community development director. The City Commission reclaimed the application at its meeting on April 16, 2024, and will review the application at its regularly scheduled meeting on July 9, 2024. - Design Review Board: Comments centered around that this project should be reviewed by the Design Review Board. The Design Review Board no longer functions per Senate Bill 407 adopted by the 2023 state legislature, which states that review for compliance with design standards must be done by municipal staff and not an external board . The bill is codified in 76-2-302, MCA. 180 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 30 of 33 - Mass and scale: Comments argued that the building’s mass and scale is not appropriate for the neighborhood as it would be the tallest building in the area and that the height bonus for affordable housing is not appropriate. The project is in conformance to the site plan criteria and standards. It is setback 15 feet from the property line and proposes landscaping and pedestrian open space to buffer between the building, sidewalk, and street. The design meets standards that are outlined in Article 3, Form and Intensity standards, for the R-5 district, and 38.380 Affordable Housing, and Article 5, Project Design of the code. The project is in conformance with the Bozeman Design Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District that provide design direction and guidelines for the building and site. Although the affordable housing deep incentives additional building height of up to 80 feet, the project proposes to increase the height of the building to 61.5 feet - Demolition of a historic structure and economic analysis: Comments centered around that there needed to be two structural and cost build analysis submitted with the application and that the demolition of the structure is not appropriate since it is considered a historic structure in a neighborhood that could be a historic district. The applicant provided two cost build analyses that meet the criteria for demolition of a historic structure. See section 11 below for complete analysis regarding CCOA criteria and historic preservation issues. - Neighborhood Conservation Overlay District and Certificate of Appropriateness standards: Comments argued that the development does not fit within the neighborhood and destroys the character of the residential neighborhood that is adjacent to it. The project is in conformance to the NCOD and COA standards. The project site is not within a historic district and “when applying the standards of subsections A through C of this section, the review authority shall be guided by the design guidelines for the neighborhood conservation overlay district which are hereby incorporated by this reference. Application of the design guidelines may vary by property as explained in the introduction to the design guidelines. When reviewing a contemporary, non-period, or innovative design of new structures or addition to existing structure, the review authority shall be guided by the design guidelines for the neighborhood conservation overlay district to determine whether the proposal is compatible with any existing or surrounding structures.” Staff finds that the proposed design meets standards. See section 11 below for full analysis. - Project is supported by 2020 Community Plan. Comments provided in support centered around that the project supports the Growth Policy and that more diverse housing and density is needed especially in an area that is close to many services and downtown. Staff finds that the project meets the 2020 Community Plan and site plan criteria as outlined in this staff report. All public comment received is here: https://weblink.bozeman.net/WebLink/Browse.aspx?id=288999&dbid=0&repo=BOZEMAN 10. Division of Land Pertaining to Subdivisions (38.240-Part 4) Meets Code? Subdivision exemptions Code provision Required easements Code provision Comments: A separate subdivision exemption application to merge the existing lots into a single lot is required to be approved and recorded prior to final site plan approval. 11. Standards for Certificate of Appropriateness (38.340) Meets Code? Certificate of appropriateness standards Yes NCOD Design Guidelines Yes Secretary of Interior Standards NA Comments: The proposed project is located within the NCOD but is not within a historic district. The NCOD’s intent is to support preservation but also accommodate growth and development in a way that supports both zone district standards and neighborhood character. The NCOD boundary is one block to the west of this project along North 7th Avenue. The NCOD was created in 1991 to recognize the historic core of the Bozeman community that makes up most of Bozeman’s designated historic districts and many individual National Register landmarks. This boundary was chosen based on the 1954 census of Bozeman city limits in which a comprehensive architectural inventory of more than 3,000 properties were surveyed. Any structure or site that is within this area is subject to review under Section 38.340 of the Unified Development Code and the Bozeman Guidelines for Historic Preservation and the Neighborhood Conservation Overlay District. The guidelines were created to provide guidance on how to apply design review to different properties. Those that have National Register historic 181 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 31 of 33 significance or are located within a National Historic District have stricter guidelines, while more general guidelines apply to buildings within the overlay but are not within a historic district. A property that isn’t individually listed or is outside of a Nationally Registered Historic District is subject to more general guidelines. There are limited guidelines within the Secretary of Interior Standards that speak to new construction and because the property is not located within a historic district nor is the structure on the National Register, the standards do not apply. The purpose of the NCOD Design Guidelines is to apply design guidelines to all properties within the NCOD as it relates to rehabilitation for historic properties, guidelines for residential character areas, commercial character areas, and district specific guidelines. Beside the addition of Chapter 4-B, Guidelines for the B-3 Commercial Character Area, which are not applicable to this project, these guidelines have not been updated since 2006. Within the Guidelines, there is very little guidance on how to manage higher density and mixed-use development outside of the Main Street/B-3 area. The prevailing guidance regarding the design of the building and compatibility to the surrounding neighborhood, comes from Article 5 of the UDC and zone district form and intensity standards. Because this project is an affordable housing development, it is exempt from maximum façade width standards, roofline modulation standards, building detail standards and building material standards that are outlined in 38.530. Furthermore, Section 38.340 which also outlines standards of the NCOD and historic preservation have had very few changes over time and provide little guidance regarding how new construction should relate to the existing neighborhoods. The chapters within the NCOD Design Guidelines were used when reviewing this project: Chapter 2, Design Guidelines for All Properties: A. Topography: Site work should be planned to protect the assets of the existing topography. The project maintains the existing topography of the site. B. Street Patterns: Site a new building such that it is arranged on its site in a way similar to the historic buildings in the area. The building is setback 15’ from the property line like adjacent and nearby properties in the R-5 district. C. Streetscape: Maintain the traditional character of the streetscape. Currently, there is an attached sidewalk with no street trees. The project proposes to construct a detached sidewalk with a landscape buffer that is traditional to the area. D. Landscape Design: Preserve and maintain trees and significant vegetation. All vegetation and trees will be removed but replaced with landscaping along the building and site perimeter. It appears that the landscaping that exists does not have any additional significance to the site. Replacement vegetation meets standards outlined in the UDC. E. Building Form: A similarity of building forms should be used as those seen traditionally. Simple rectangular solids are appropriate as are flat roofs in commercial and transitions areas. The building is rectangular with a flat roof which is appropriate considering its location on the edge of the Midtown Urban Renewal District which is a commercial area. F. Solid-to-Void Ratio: Use a ratio of solid-to-void (wall-to-window) that is similar to the area. The ground floor along the North elevation that faces Villard incorporates glass and transparency that is similar to buildings within Midtown. The rest of the building incorporates smaller windows for each unit that are similar to the size of windows in the residential neighborhood. G. Materials: Use building materials similar to those in the area. The building uses materials to complement with the neighboring properties including wood that is depicted in the residential neighborhood and fiber cement which is commonly used along North 7th. H. Architectural Character: New construction should distinguish itself from historic structures. The building reflects that of new construction as it uses contemporary materials and an architectural style that doesn’t convey a false sense of historic period. I. Parking & Buffers: Minimize the visual impact of surface parking. Much of the parking lot is set behind the building and where it does front onto 5th Avenue has a landscape buffer, which minimizes the visual impact of the surface parking. J. Lighting: Lighting shall be shielded to prevent any off-site glare and standards should follow the UDC. The lighting proposed meets the standards outlined in the UDC. K. Utility and Service Areas: Service areas should be screened and away from major streets. Service areas are either located internally or screened appropriately if located outside. 182 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 32 of 33 Staff finds that Chapter 2 of the NCOD Design Guidelines are being met with the project proposal. Chapter 3, Design Guidelines for Residential Character Areas. The only section within the Chapter 3 Guidelines that applies is multi-household design. A. Minimize the perceived scale of a multi-household building. Methods can include step down of height toward the street and breaking up the perceived mass of the structure by dividing it into modules. The structure should not overwhelm the existing single household structures in terms of height. This property is located on the edge of the Midtown Urban Renewal District (B-2M) to the west and a medium density residential district to the north and east. While it does fit into the context of the R-5 zone district and Midtown, its size and scale is larger than existing single household structures. The R-3 zone district contains low-density houses that range from single family to duplex/triplex and many of these structures don’t exceed two stories. The existing building is much larger in width and area than nearby residential buildings. The building is broken up by details and materials and is setback further from the street that help minimize the perceived scale of the building. The project propses being 61.5’ when it allows for 80’ per the affordable housing deep incentives. While the existing structure reflects more of the existing residential neighborhood Postwar phase of Bozeman’s development, the rezoning of the property to R-5 in 2016 was to support the Midtown Urban Renewal District which was created with a deliberate emphasis on focused redevelopment through methods such as increased building density, the construction of urban and dense housing projects, improved multimodal transportation, and promoted pedestrian environment. The design of this building reflects a higher intensity use that is compatible with the character of North 7th Corridor and the Midtown Urban Renewal District. Review of demolition of historic structures or sites 38.340.080 Yes Historic Structure per 38.700.090 Yes Comments: The existing building is a two-story structure that was built in 1958 as a convalescent center. It remained a care center until 2022 and now is vacant. The proposed project is considered a historic structure since it is considered a contributing building to a potential historic district as outlined in the definitions provided in article 7 of the UDC. A historic structure is defined as any building or structure that is: 1. Listed in the State or National Register of Historic Places; 2. Designated as a historic property under local or state designation law or survey; 3. Certified as a contributing resource within a National Register listed or locally designated historic district; or 4. Eligible, as determined by the City of Bozeman, to be listed on the National or State Register of Historic Places either individually or as a contributing building to an existing or potential historic district. The existing structure was surveyed in 2019-2020 as part of a larger effort done by the City to survey the B-2M zone district and the immediate surrounding area. This survey was conducted by Metcalf Archeological Consultants (Metcalf). The property lacks individual significance to be on the National Register of Historic Places under Criteria A, B, C, and D of the Secretary of Interior Standards. However, while not located within an existing historic district, it is considered eligible/contributing to a potential historic district associated with the Postwar Expansion Phase and central Bozeman. As part of the survey effort, Metcalf provided preliminary recommendations regarding district potential within the survey area. Those areas in which there is notable concentration of associated properties retaining sufficient integrity to convey historic character have greater district potential and those that have a clearly defined period of significance or architectural cohesion should be prioritized for further work. It was found that the Violett Addition and Karp Addition could be a candidate for district potential as the small, cohesive neighborhood has associations with the Postwar phase of Bozeman’s development. Although more of the Violett Addition was surveyed in this effort, it is believed that the Karp Addition is linked thematically and therefore could share district potential. The subject property is in the Karp Addition. Therefore, the property is considered a historic structure as defined by the UDC. Since the property is considered historic, the review authority must consider criteria outlined below from Section 38.340.090 when evaluating demolition applications. 183 Staff Report The Guthrie at 5th and Villard Site Plan & CCOA Application 23354 June 27, 2024 Page 33 of 33 38.340.090 Criteria for demolition of a historic structure Yes 1. The property’s historic significance. Yes 2. Whether the structure has no viable economic life remaining. Yes 3. Whether the subsequent development complies with Section 38.340.050 (standards for certificates of appropriateness). Yes 4. Whether the subsequent development includes construction of new building(s) unless the existing character of the area does not include buildings. Yes 5. Subsequent development requires a building permit and does not include proposals which leave the site without building(s) or structure(s). Yes Notwithstanding the above, for projects proposing the removal of a historic structure, which do not qualify for sketch plan review pursuant to 38.230.070, the review authority may determine the proposed subsequent site development is more appropriate for the site based upon the criteria in 38.230.100 (plan review criteria). Yes Comments: The structure is considered a historic structure since it is contributing to a potential historic district. No demolition of the structures is permitted until the site plan and building permit for the subsequent development is approved. Per 38.220.090, certificate of appropriateness review criteria, if demolition of a historic structure as defined in article 7 is proposed, a structural analysis and cost estimates by more than one general contractor for the work is required. The applicant provided two comparison studies that break down the cost of renovation of the existing building to construction a new building of the same type and scale. It was determined that the structure did not meet the necessary criteria for conversion into living units and that it lacks qualities that present additional safety and environmental challenges. To use the existing building would result in 42 units compared to the proposed 111 units in the current design. It is also argued that the existing building’s construction cannot support modern infrastructure in an effective and costly manner. In conclusion, the studies showed that the cost for building a new structure of similar type and scale costs less than a full renovation of the structure to be brought up to code and be converted fully into living units. Per 38.340.090.C, “for projects proposing the removal of a historic structure, which do not qualify for sketch plan review pursuant to section 38.230.070, the review authority may determine the proposed subsequent site development is more appropriate for the site based on the criteria in section 38.230.100.” Based on the analysis above, staff finds that the subsequent development is more appropriate for the site as it redevelops an otherwise vacant infill site, and conforms with the 2020 Community Plan, Site Plan Criteria, and Certificate of Appropriateness criteria. 184