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Home My WebLink About08-13-24 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent F.1 Accounts Payable Claims Review and Approval (Armstrong) F.2 Reject All Bids for the Story Mill Community Park East Parking Lot and Rebidding the Project at a Later Date(Jadin) F.3 Authorize the City Manager to Sign the Purchase Agreement with Koppenberg Enterprises THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, August 13, 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 1 for the Southwest Montana Veterans Cemetery Columbariums at Sunset Hills Cemetery(Canter) F.4 Authorize City Manager to Sign a Construction Agreement with Wegner Roofing and Solar for Library Flat Roof TPO Overlay Project(Ziegler) F.5 Authorize the City Manager to sign a Professional Services Master Task Order Agreement with Tetra Tech, Inc for Post-Closure Landfill Operations, Maintenance, and Monitoring(Flammond) F.6 Authorize the City Manager to sign a Professional Services Master Task Order Agreement with Water & Environmental Technologies, LLC for Post-Closure Landfill Operations, Maintenance, and Monitoring(Flammond) F.7 Authorize City Manager to Sign Professional Services Agreement with Groundprint, LLC for Planning Assistance with PRAT Plan Implementation in the Unified Development Code(Jadin) F.8 Authorize the City Manager to Sign an Amendment to the Professional Services Agreement for the Engineering Review Fee Study with BerryDunn(Ross) F.9 Authorize City Manager to Sign First Amendment to Construction Agreement with Big West Building Services for City Shops Roof Replacement(Ziegler) F.10 Authorize the City Manager to Sign Amendment No. 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC, for the Motor Control Center Replacement Project at the Water Reclamation Facility.(Heaston) F.11 Authorize the City Manager to Sign an Amendment Three to the Professional Services Agreement with KLJ Engineering for the Aspen Street Bridge(Fine ) F.12 Ordinance 2167, Provisional Adoption of the MSU Innovation Campus Planned Development Zone Map Amendment Rezoning 41.97 Acres from BP, Business Park, to Planned Development Zone Base Zone of B-2, Community Business District. The Property is Generally Located Between West College and Garfield Streets and Centered on Invention Drive, Application 24216(Rogers) G. Public Comment H. Action Items H.1 South Range Crossing (SRX) II Growth Policy Amendment Application to Revise the Future This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. 2 Land Use Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately 7.644 acres in Association with a Zone Map Amendment (Application 24196). The property is located on the northeast corner of South 19th Avenue and Graf Street, Application 24195(Rogers) H.2 The South Range Crossing II Zone Map Amendment (SRX II) Requesting Amendment of the City Zoning Map to Change the Zoning on the Western Half of an Existing Site from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Northwest Corner Containing 9.26 Acres, and B- 2M (Community Business District Mixed) on the Southwest Corner Containing 9.12 Acres. The Site is Located on the East Side of South 19th Avenue Between Arnold Street and Graf Street, Application 24196.(Saunders) 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(Rogers) H.4 Resolution 5607, Establishing a 3 Percent Increase to Street Maintenance District Assessments for Fiscal Year 2024-2025 (FY25)(Hodnett) H.5 Resolution 5609, Establishing a 3 Percent Change to Arterial and Collector Street Special District Assessments for Fiscal Year 2024-2025 (FY25)(Hodnett) H.6 Resolution 5610, Establishing a 3 Percent Change to Parks and Trails Maintenance District Assessments for Fiscal Year 2024-2025 (FY25)(Hodnett) Consider the Motion: Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and move to approve Application 24195, the SRX II Growth Policy Amendment. Consider 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 24196 and move to approve the South Range Crossing II Zone Map Amendment subject to contingencies of approval necessary to complete adoption of an implementing ordinance. Consider the Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24024 and move to recommend approval of the 1920 West Babcock Zone Map Amendment, with contingencies required to complete the application processing. Consider the Motion: Adopt Commission Resolution No. 5607 establishing a 3percent increase in Street Maintenance District Assessments for FY25, making the assessment rate $0.039046 per assessable square foot. Consider the Motion: Adopt Commission Resolution No. 5609 establishing a 3 percent change in Arterial and Collector Street Maintenance Assessments for FY25, making the assessment rate $0.008252 per assessable square foot. Consider the Motion: Adopt Resolution No. 5610 establishing a 3 percent change in Parks and Trails Maintenance District Assessments for FY 2025, making the assessment rate $0.028658 per assessable 3 H.7 Resolution 5621, Establishing Rates for Water, Wastewater, and Stormwater (Hodnett) H.8 Resolution 5622, Adopting Planning Fee Schedule for FY25 and FY26 (Hodnett) H.9 Resolution 5625, Levy of Special Assessment for Special Improvement District (SID) 762(Hodnett) H.10 Resolution 5627, Establishing Rates and Fees for Solid Waste (Hodnett) H.11 Resolution 5628, Adopting the Fee Schedule for Business Licenses (Hodnett) H.12 Continue Resolution 5608, Establishing Tree Maintenance District Assessments for Fiscal Year 2024-2025 (FY25) to August 20, 2024(Hodnett) H.13 Continue Resolution 5623, Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property Situated Within the Corporate Jurisdictional Boundaries of the City for Fiscal Year 2024-2025 (FY25) to August 27, 2024(Hodnett) I. FYI / Discussion J. Adjournment square foot. Consider the Motion: I move to adopted Resolution 5621. Consider the Motion: I move to adopt Resolution 5622 Consider the Motion: I move to adopt Resolution 5625 Consider the Motion: I move to adopt Resolution 5627 Consider the Motion: I move to adopt Resolution 5628 Consider the Motion: Continue Resolution 5608 Establishing Tree Maintenance District Assessments for FY25 to August 20, 2024. Consider the Motion: Continue Resolution 5623 Establishing and Affixing Mill Levies to August 27, 2024. 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. 4 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:August 13, 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 August 14th, 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 5 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation SUBJECT:Reject All Bids for the Story Mill Community Park East Parking Lot and Rebidding the Project at a Later Date MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Reject All Bids for the Story Mill Community Park East Parking Lot and Rebidding the Project at a Later Date STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:Bids for the Story Mill East Parking Lot were opened on Thursday, July 18 with one bid being submitted. The bid was submitted by CKMay Excavating in the amount of $1,112,341.50 for the base bid which was 147% over the engineer's estimate. In the opinion of City staff, this bid is not commensurate with the scope of the project and is not a responsible use of City funds. Therefore, City Staff recommends rejecting this bid and re-advertising the project this fall. UNRESOLVED ISSUES:None ALTERNATIVES:Authorize the Interim City Manager to sign the Notice of Award to CKMay Excavating for the Total Schedule 1 Base Bid in the amount of $1,112,341.50. FISCAL EFFECTS:None Attachments: CKMay_bid1-SMCP_East_Lot.pdf Report compiled on: July 29, 2024 6 7 8 Memorandum REPORT TO:City Commission FROM:Katie Canter, Contracts and Sports Parks Coordinator Thom White, Parks and Cemetery Superintendent Mitch Overton, Parks and Recreation Director SUBJECT:Authorize the City Manager to Sign the Purchase Agreement with Koppenberg Enterprises for the Southwest Montana Veterans Cemetery Columbariums at Sunset Hills Cemetery MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign the Purchase Agreement with Koppenberg Enterprises for the Southwest Montana Veterans Cemetery Columbariums at Sunset Hills Cemetery STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of an interconnected system of parks, trails and open spaces. BACKGROUND:The next phase of construction in establishing the Southwest Montana Veterans Cemetery is with the purchase and delivery of two 240 niche Columbariums. State Veteran Cemeteries are regionally located throughout Montana. The Montana State Veterans Cemetery at Fort Harrison is located in Helena, the Eastern Montana State Veterans Cemetery is located in Miles City, and the Western Montana State Veterans Cemetery is located in Missoula. In addition a nationally recognized Veterans Cemetery is located in Laurel, MT. No such Cemetery is located in Southwest Montana. A large population of Veterans reside in Southwest Montana, making the region the most impactful location for a new Veterans Cemetery. On June 12th, 2024 the City's Finance Director approved the sole source request for Columbaria for Southwest Montana Veteran's Cemetery. UNRESOLVED ISSUES:N/A ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Total columbaria expenditures are expected to be $150,000. Expenditures are included in the adopted FY24 budget and located in the Capital 9 Improvement Program in the general fund project GF268. Attachments: SWMTVETS Columbarium Purchase Agreement and Exhibits A-B.pdf Report compiled on: August 1, 2024 10 Agreement for Purchase of SWMTVETS Columbariums FY2020-2021 Page 1 of 7 PURCHASE 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, Koppenberg Enterprises Inc.14751 N. Kelsey St. STE 105#611 Monroe, WA 98272 hereinafter referred to as “Seller.” The City and Seller may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual promises and agreements hereinafter contained, the parties agree as follows: 1. Property Purchased: Seller agrees to sell and City agrees to purchase the property requested and described in: two (2) two hundred and forty niche (240) columbariums and four hundred ninety (490) granite niche plates (ten extra) and related hardware and accessories for installation into the new Southwest Montana Veteran’s Cemetery. Attached hereto as Exhibit A which is incorporated into this Purchase Agreement by this reference. By accepting this Purchase Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured products of all machines, software, hardware, materials, and other devices furnished under this Purchase Agreement which are not of the Seller’s design, composition, or manufacture shall be free and clear of infringement of any valid patent, copyright, or trademark. Seller shall hold the City harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees to defend such claims, suits, or actions. 2. Specifications: The Seller agrees that all material and workmanship in and upon this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the City, the items listed in Exhibit A, govern in the event of inconsistencies with the Seller’s response to the same. 3. Price: The City agrees to pay $150,000 with 25% down payment of $37,500 as the purchase price. All prices include shipping and any applicable local, state or federal taxes that may be applied to the Property to be purchased. This price is firm and not subject to escalation under agreed to in writing by the City. 4. Delivery and Payment: Time is of the essence in the performance of this Purchase 11 Agreement for Purchase of SWMTVETS Columbariums FY2020-2021 Page 2 of 7 Agreement. Seller assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other served associated with delivery of the Property. Seller agrees to delivery to the City in a fully operational status and all accessories properly installed no later than November 1st, 2024. Delivery will occur at the Sunset Hills Cemetery, located in Bozeman, MT 59715, or at a place otherwise designated in writing by the City. If delivery of the Property and/or performance of services required under this Purchase Agreement cannot be made Seller shall promptly notify the City of the earliest possible date for delivery or performance. Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform required services within the time specific or to the City’s satisfaction the City may terminate this Purchase Agreement or any part therefore without liability except for good or services previously provided and accepted. The City’s receipt or acceptance of any part of a non- conforming delivery or service shall not constitute a waiver of any claim, right or remedy the City has under this Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City has the right to inspect the Property to ensure that it meets Specifications as modified by Seller’s responses which have been accepted by City. If the Property meets the Specifications, City shall tender the purchase price stated above to Seller through the City’s normal claim process. Unless otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance and delivery of goods and services by the City, whichever occurs last. Payment will be made to Seller at the address previously stated unless Seller provides a different address in writing. 5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of persons performing this Agreement shall be on the basis of merit and qualifications. The Seller will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Seller 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 Seller 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. Seller 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, Montana Code Annotated (MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. 12 Agreement for Purchase of SWMTVETS Columbariums FY2020-2021 Page 3 of 7 Seller shall require these nondiscrimination terms of its subcontractors providing products under this Agreement. 6. Default/Termination/Remedies: In the event of Seller’s breach of this Purchase Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s Specifications, City may, at its option, take any or all of the following actions without prejudice to any other rights or remedies available to the City by law: (i) declare the Seller in default and immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace any equipment or materials used in the Property, and upon Seller’s failure or refusal to do so, repair or replace the same at Seller’s expense; (iii) reject any material or equipment included in the Property containing defective or nonconforming equipment or material and return for credit or replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach by Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure substitute property to replace the Property described herein. In such event, Seller is liable to City for the difference between the price set forth herein and the price paid by City for the replacement property. Additionally, the City may pursue any other remedy it has at law or in equity. In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price payable for equipment and material delivered to the City prior to such breach. 7. Change Orders: The City shall have the right to revoke, amend, or modify this Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s receipt of City’s written change order without response received by the City within 10 (ten) business days or Seller’s shipment or other performance reflecting the change, whichever occurs first, shall be Seller’s acceptance of the change without any price or other adjustment. 8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY SPECIFICS LISTED IN EXHIBIT B AND SHALL ASSIGN TO THE CITY ALL WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO EXCLUDE SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR 13 Agreement for Purchase of SWMTVETS Columbariums FY2020-2021 Page 4 of 7 WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN. 9. Insurance/Indemnification: The Seller shall insure the Property for a minimum of the purchase price against all damages during the delivery period per the Specifications. In addition to and independent from the above, during the delivery period Seller shall defend, indemnify, and hold the City, its officers, employees, and agents harmless against claims, demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death, property damage, occasioned by, growing out of, or in any way arising or resulting from any intentional or negligent act on the part of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by the city of the Property. 10. Assignment: Seller may not delegate, subcontract, or assign any duties and services or assign any rights or claims under this Purchase Agreement without the express written consent of City. 11. Entire Agreement: This Agreement, including its appendices, if any, embodies the entire understanding between the parties relating to the subject matter contained herein. No agent or representative of either party has authority to make any representations, statements, warranties or agreements not herein expressed and all modifications or amendments of this Agreement, including the appendices, must be in writing and signed by an authorized representative of each of the parties hereto. 12. Applicability: This Agreement and any extensions hereof shall be governed and construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs, successors, and assigns. 13 Permits: Seller 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. 14. Laws and Regulations: Seller 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 Agreement for Purchase of SWMTVETS Columbariums FY2020-2021 Page 5 of 7 15. 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. 16. 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. 17. 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. 18. 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. 19. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 20. 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. 15 Agreement for Purchase of SWMTVETS Columbariums FY2020-2021 Page 6 of 7 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 16 Agreement for Purchase of SWMTVETS Columbariums FY2020-2021 Page 7 of 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives the day and year first above written. CITY OF BOZEMAN SELLER By___________________________ By____________________________ Chuck Winn, Interim City Manager Print Name: ___________________ Print Title: ____________________ APPROVED AS TO FORM: By________________________________ Greg Sullivan, City Attorney 17 7/2/24 Proposal for Bozeman State Veterans Cemetery for the City of Bozeman, MT. If accepted, contract will be with the City of Bozeman, MT Section:034824 Columbarium section RE: Quote Koppenberg Enterprises, Inc. will furnish the following: I)480 specified precast cremation niches A) there will be 2 double sided walls that will have 120 niches on each side for 240 niches on each wall. B) All Double-sided walls will have SS weld plates to attach and secure to each other. C) Any anti-graffiti, if necessary, will be supplied and applied by others if applicable to this project. II) Supply and install of 1,920 SS fasteners including; A)1,920 SS angles, washers, spacers, nuts and bolts. B)1,920 SS specified rosettes and neoprene washers. C)1,920 SS tamper resistant rosette screws. D) 4 special tools for removing rosettes. III)Installation of all precast columbariums onto footings (footings by others) including: A)Any welding of units together. B)Bolting of units to footing, including SS anchor bolts. IV)Installation of all 480 Govt supplied niche covers (supplied by others) installed onto precast niches. A)Unloading, storage or staging of the creates of covers for this project. V)Caulking of all precast columbarium vertical joints and between niche units. A)Caulking from stone columns to niche units by others. B)Caulking from Limestone capping to niches units by others C)Caulking from bottom of niches to footings by others. Exhibit A 18 Bozeman State Veterans Cemetery page 2 VI) Total for all above: $96,000.00 A)25% deposit with acceptance and balance net 30 after initial delivery VII)Alternate billing for supply of 490 (10 extra) granite niche fronts for face of columbariums. Choices from Koppenberg Enterprises, Inc. Installation will be completed in base bid above. A)Total: $54,000.00 B)Terms: 25% deposit with acceptance and balance net 30 after initial delivery VIII) Notes and exclusions: A)Footings, pilasters and walls by others. B)Masonry supplied and installed by others. B) Bonding by others. C) Koppenberg Enterprises, Inc. meets and exceeds all specifications for manufacturing as specified in Columbarium section D) All signage for project by others. E) Any applicable taxes will be above and beyond pricing. Accepted________________________Date___________________ By signing the acceptance of the above contract, The City of Bozeman will be responsible for all payments of the contract to Koppenberg Enterprises. 14751 N Kelsey St. STE 105 #611--Monroe, WA 98272 (360) 793-1600 (800) 574-2481 Fax- (360) 793-1622 19 WARRANTY Date: 7/12/24 To: City of Bozeman for the Veterans Cemetery Columbarium From: Koppenberg Enterprises. 14751 N Kelsey ST, STE 105, #611 Monroe, WA 98272 RE: City of Bozeman for the Veterans Cemetery Columbarium Work Category: 034826-Supply and installation of the precast columbariums Gentlemen: We hereby warranty that the above installed by us has been done in strict accordance with the drawings and specifications City of Bozeman for the Veterans Cemetery Columbarium . We agree to repair or replace or cause to be repaired or replaced any or all of work which may prove to be defective in the installation of this section, together with any adjacent work which requires repair or replacement because of our defective installation work, within a period of 1 year for labor from Date of completion. Ordinary wear and tear and unusual abuse or neglect expected. If we fail to commence to comply with the above paragraph within 10 days after receipt of written notice from the owner to do so, or fail to pursue such compliance with diligence, we, jointly and severally, do hereby authorize the owner to proceed to have the defects repaired and made good at our sole expense, and we will honor and pay the costs and charges for it together with interest at the maximum rate permitted by law upon demand. If we fail to fulfill the preceding obligations, and if the owner brings an action to enforce this warranty, we agree to pay the owner’s reasonable attorney’s fees incurred in connection therewith. Koppenberg Enterprises, Inc. Officer Name: Kim Koppenberg Title: President Exhibit B 20 14751 N Kelsey St. STE 105 #611--Monroe, WA 98272 (360) 793-1600 (800) 574-2481 Fax- (360) 793-1622 21 Memorandum REPORT TO:City Commission FROM:Max Ziegler - Facilities Assistant Superintendent SUBJECT:Authorize City Manager to Sign a Construction Agreement with Wegner Roofing and Solar for Library Flat Roof TPO Overlay Project MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign a Construction Agreement with Wegner Roofing and Solar for Library Flat Roof TPO Overlay Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The Bozeman Public Library was constructed in 2006 and has since served as Bozeman's sole public Library, offering 53,000 square feet of library circulation area, offices, and public spaces. As the structure approaches 20 years old, many of the original building systems are approaching their projected end of service life. In addition to the recent interior renovation there are several planned capital improvement projects to address aging systems. This project, FCA008, is to repair and replace aging roofing materials on the flat roof sections above the western side of the building. Over the last several years there has been an increase in required patching and repairs to maintain the function of the roof, and roof leaks have been observed in several locations. The roofs to be replaced are original to the 2006 construction and are no longer covered by manufacturers warranty. Staff determined the most cost effective approach to this project would be to install a membrane overlay on top of the existing roof, providing a 20 year or greater manufacturers warranty. The Facilities Department published an RFP for this project in July of 2024, and selected Wegner Roofing and Solar based upon a thorough evaluation of the RFP scoring criteria which took into account the contractors qualifications and proposed cost. This project is anticipated to occur during the month of September 2024, and will be installed according to the manufacturers specifications and conditions. UNRESOLVED ISSUES:None at this time. 22 ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:This agreement will incur a fixed cost of $108,075 to be fully funded from the FCA008 capital project fund. Attachments: Construction Agreement - Library Flat Roof Overlay Project - Compiled.pdf Report compiled on: July 31, 2024 23 Construction Agreement for Library Flat Roof Overlay FY2025 Page 1 of 16 CONSTRUCTION AGREEMENT This Construction Agreement is made and entered into this _____ day of ____________, 202__ (“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, Wegner Roofing and Solar Corporation, 735 Grand Ave., Billings, MT 59101, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1. Work to be Performed: a. A description of the work to be performed for the Bozeman Public Library Flat Roofing Overlay Project (the “Construction Project”) and Contractor’s duties is set forth in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof, and in the drawings, plans, and specifications provided by the City, which are included in the Scope of Services attached hereto as Exhibit A. b. Prior to the commencement of any work on the Construction Project, Contractor’s representatives and City’s representatives shall hold a meeting to establish a working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the parties are unable to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City approves the related plans, designs, drawings, and specifications. c. Except as provided elsewhere in this Agreement, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project. d. During work on the Construction Project, and as part of the final completion of the Construction Project, Contractor shall clean up the Project site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project. 24 Construction Agreement for Library Flat Roof Overlay FY2025 Page 2 of 16 2. City-Supplied Materials: The City may supply materials from time to time in furtherance of the Construction Project. Such materials will be noted as an addendum to this Agreement. 3. Time of Performance: Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project no later than December 31, 2024. Time is of the essence of completion of all work and each phase of the Construction Project. 4. Liquidated Damages: If the Construction Project is not completed within the time provided by this Agreement, the City may deduct for each day the Construction Project remains uncompleted the sum of Five Hundred Dollars ($500.00) from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of the Contractor’s failure to complete the Construction Project on time. 5. Compensation: a. City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount of One Hundred and Eight Thousand and Seventy-Five Dollars ($108,075.00). b. If work not included within the original Construction Documents is requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work (“Change Order”). c. City shall retain five percent (5%) of the total amount of compensation to be paid to the Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of the Construction Project and any and all “punch list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty (30) days after the City’s final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project. e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 6. Inspection and Testing: a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access to the Construction Project at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the 25 Construction Agreement for Library Flat Roof Overlay FY2025 Page 3 of 16 work or uncovering or taking down portions of the finished work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. 7. Partial Utilization of Construction Project: City shall have the right to use or occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor’s performance of the remaining portions of the Construction Project. In the event City takes possession of any portion of the Construction Project, such possession shall not be deemed an acceptance of the Construction Project, in whole or in part. City’s use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the total Construction Project and not from the date the City may take possession of selected portions of the Construction Project. 8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work related to the Construction Project at the construction site; provided such related work is not otherwise addressed in this Agreement and provided such related work does not otherwise interfere with Contractor’s performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site, a reasonable opportunity for the introduction and storage of materials and equipment, the opportunity to perform the related work, and shall properly coordinate the Contractor’s work on the Construction Project with the related work. 9. Contractor’s Warranties: Contractor represents and warrants as follows: a. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. 26 Construction Agreement for Library Flat Roof Overlay FY2025 Page 4 of 16 b. All workmanship and materials shall be of a kind and nature acceptable to the City. c. All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1) year from the final completion and acceptance by the City of the Construction Project, regardless of whether such equipment, materials, or labor were supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the site of the Construction Project during working hours for the term of this Agreement until the completion of the Construction Project. f. Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times. g. Contractor has examined all available records and made field examinations of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. h. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. i. All work must be performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be 27 Construction Agreement for Library Flat Roof Overlay FY2025 Page 5 of 16 caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. j. Contractor is responsible for any loss or damage to materials, tools, or other articles used or held for use in the completion of performance of the Construction Project. k. Contractor’s performance must be without damage or disruption to any other work or property of the City or of others and without interference with the operation of existing machinery or equipment. l. Title to all work, materials, and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Construction Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances. 10. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 11. Suspension: a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension. b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Project, including those portions on which work has been suspended. 28 Construction Agreement for Library Flat Roof Overlay FY2025 Page 6 of 16 c. As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction Project has increased or decreased. d. Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim. e. No compensation described in Section 11(c) shall be paid and no extension of time to complete the Construction Project shall be granted if the suspension results from Contractor’s non-compliance with or breach of the terms or requirements of this Agreement. 12. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the Construction Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over the Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Construction Project. b. In the event of a termination pursuant to this Section 12, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Construction Project has been completed. Upon completion of the Construction Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to 29 Construction Agreement for Library Flat Roof Overlay FY2025 Page 7 of 16 the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City. c. Any termination provided for by this Section 12 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 12, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease work on the Construction Project, 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 work on the Construction Project, discontinue placing orders for materials, supplies, and equipment for the Construction Project, and make every reasonable effort to 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, in progress, or in transit to the construction site. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property. d. The compensation described in Section 13(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. 30 Construction Agreement for Library Flat Roof Overlay FY2025 Page 8 of 16 14. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Assistant Superintendent, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Matt Arps, 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. 31 Construction Agreement for Library Flat Roof Overlay FY2025 Page 9 of 16 16. Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work. 17. 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, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on the Construction Project, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 19. 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. 20. 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 32 Construction Agreement for Library Flat Roof Overlay FY2025 Page 10 of 16 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. 21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Construction Project. 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. 22. Labor Relations: a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction Project 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 to resume work on the Construction Project 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 work on the Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. 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. 33 Construction Agreement for Library Flat Roof Overlay FY2025 Page 11 of 16 23. Subcontractors: a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty (30) days after its filing. 25. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City ordinances. Contractor shall supply a chemical list, the associated material safety data sheets (MSDS), and other pertinent health exposure data for chemicals that the Contractor’s, subcontractor’s or the City’s employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City’s Representative. This documentation must be delivered before work involving these chemicals may commence. 26. Accounts and Records: During the term of this Agreement and for two (2) years following the City’s final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have 34 Construction Agreement for Library Flat Roof Overlay FY2025 Page 12 of 16 the right to inspect all such accounts and records, including but not limited to, Contractor’s records, books, correspondence, instructions, drawings, specifications, field and site notes, receipts, invoices, bills, contracts, or other documents relating to the Construction Project. 27. Indemnification; Insurance; Bonds: a. Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. b. 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). c. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d. 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. e. 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. f. 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. 35 Construction Agreement for Library Flat Roof Overlay FY2025 Page 13 of 16 g. These obligations shall survive termination of this Agreement and the services performed hereunder. h. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. 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 shown below: • Workers’ Compensation – not less than statutory limits; • 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; • Products and Completed Operations – $1,000,000; • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles); • Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work (covering at a minimum all work, buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the City and Contractor to the extent that damage to the Construction Project or City Hall is covered by other insurance; • Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate; • Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate 36 Construction Agreement for Library Flat Roof Overlay FY2025 Page 14 of 16 The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. 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. i. The Contractor shall furnish a Performance Bond and a Payment Bond in favor of the City each in an amount equal to one-hundred Percent (100%) of the Agreement amount. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue. 29. 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 shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 30. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 31. 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. 32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. 37 Construction Agreement for Library Flat Roof Overlay FY2025 Page 15 of 16 33. 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. 34. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 35. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 36. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 37. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 38. 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. 38. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor may not assign to any third party other than Contractor’s subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties 38 Construction Agreement for Library Flat Roof Overlay FY2025 Page 16 of 16 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. 43. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA CONTRACTOR By: _______________________________ By: Chuck Winn, City Manager Print Name: Title: APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney 39 EXHIBIT A 40 Customer library, Bozeman Public Job #: 1997563 626 E Main St Bozeman, MT 59715 None None Wegner Roofing & Solar Representative: Matt Arps (508) 524-7500 Matt.Arps@WegnerRoofing.com Wegner Roofing & Solar 2913 Millennium Circle Billings, MT 59102 Ph: 406.850.9842 Customer Invoice page 1 Description Quantity Price ROOFING 60 Mil FB Layover D&R Parapet cap metal 60Mil FB layover (Fully adhered) 75.00 EA $108,075.00 Grand Total $108,075.00 Payments received:$0.00 Balance Due: $108,075.00 41 Firm Profile Founded in 2011 as Wegner Homes, Wegner Roofing and Solar has established itself as a premier provider in the roofing industry. Our services have expanded over the years to include the installation of state-of-the-art solar panels in 2022, alongside our long-standing expertise in roofing, siding, and window installations. We take pride in enhancing both the functionality and aesthetics of residential and commercial buildings. Isaac will be our project manager for this job. Isaac has 5 years experience managing high profile commercial projects like this in the Big Sky and Bozeman area. Our Expertise: Roofing Solutions: Specializing in high-quality membrane roofing, we offer both commercial and residential solutions including asphalt shingles and durable metal roofing. Our team is adept in installing composite roofing systems, ensuring top-tier performance and longevity. Solar Installations As a forward-thinking company, we have embraced solar technology, providing cutting-edge solar solutions that contribute to energy efficiency and environmental sustainability Additional Services: Our proficiency extends beyond roofing and solar to include a wide range of exterior services such as various siding options, window installations, as well as door and gutter solutions. Our Team: Wegner Roofing and Solar is powered by a dedicated team of over 45 professionals, including oƯice staƯ, sales consultants, and field managers, all of whom are full-time, W2 employees committed to excellence in every project. Our Commitments: Financial Stability: We maintain excellent relationships with our suppliers and financial institutions, ensuring robust lines of credit and operational integrity. References from banks and suppliers are available upon request. Insurance and Bonding: We boast an exemplary standing with our insurance and surety companies, enabling us to secure Payment and Performance (P&P) bonds for projects of any scale. Proposed Schedule: We believe an ideal time period for scheduling could be the month of September, we think the job would take around 2 weeks of work days with cooperating weather. With this being an overlay, this is a more simple process than tearing the roof down to the deck. We will be able to guarantee the waterproofing by end of day, each and every day. We should be able to accommodate any scheduling preferences asked of us and are open to anything. 42 City of Bozeman We have not completed any work for the City of Bozeman yet. We have installed 75+ roof, siding, and solar projects in the Bozeman region. Proposed Solution Obey all OSHA safety standards Keep public and owner’s employees from all work being completed. Detach Parapet Wall Cap Perforate membrane per manufacturer’s specs to apply membrane. Install 60 MIL Fleece-Backed TPO that will be fully adhered with glue. Install TPO flashing around all roof penetrations Haul away all trash and debris We would ask for materials to be paid for upon delivery ($42,000) and the remaining amount to be paid when labor and cleanup has been completed ($66,075) $108,075.00 Total Price 43 Experience with Similar Projects Montana Tank Works: 4119 2nd Ave South, Billings, MT. This project included 150 square of TPO, reflashing of 28 skylights 406.672.7691 Eric Pennington County High Rise Buildings, Rapid City, SD. This project consisted of over 400 square of NDL warranty EPDM install 605.209.9489 Jonathon Old Board of Health in Helena, MT. We worked on a historical roof rehab with a EPDM Overlay roof system as part of the Dick Anderson remodel 406.459.7929 Daniel At 322 Plainview Rd, we completed a 375 sq roof replacement for a Warehouse(Associated Foods). 406.322.9951 Kathy Jobs on the horizon: Similar jobs under contract for this roofing season include a: 250SQ roof replacement Montana Women’s Prison in Billings, MT with a NDL warranty 450 SQ roof replacement at MSU Grant Chamberlain housing in Bozeman, MT with a NDL warranty 1,350 Sq Roof replacement at the Hardin School District in Hardin, MT with a NDL warranty 40 SQ roof replacement at the Visitors Center in Bismarck, ND with a Décor rib that looks like | standing seam metal with a NDL warranty. 44 Proposed Schedule We believe an ideal time period for scheduling could be the month of September, we think the job would take around 3 weeks worth of work days with cooperating weather. We should be able to accommodate any scheduling preferences asked of us and are open to anything. At Wegner Roofing and Solar, we are dedicated to delivering superior craftsmanship and customer service. Our commitment to quality and sustainability makes us a reliable partner in protecting and enhancing your property. Trust us to bring unparalleled expertise and precision to your next project 45 46 Appendix A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION Wegner Roofing and Solar (name of entity submitting) hereby aƯirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, Wegner Roofing and Solar (name of entity submitting) hereby aƯirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. RILEY WEGNER ROOFING DIVISION PRESIDENT Name and title of person authorized to sign on behalf of submitter 47 Visit gaf.com For additional information, contact GAF Design Services at 1-877-423-7663 or designservices@gaf.com Description: Combine performance and value with EverGuard® TPO Fleece-Back Membrane 45-mil, 60-mil, and 80-mil. Factory-applied polyester fleece lets you offer the proven performance of EverGuard® TPO, while increasing durability and reducing labor: n Provides enhanced puncture resistance against foot traffic, hail, and other impacts* n Does not require a slip sheet when installed over a variety of existing roof systems n Guarantees available according to thickness, with coverage up to 30 years for 80-mil.† Accessories: Fabricating details on-site can be time-consuming, costly, inconsistent, and even unreliable. EverGuard® TPO prefabricated accessories save you time and labor, deliver consistent performance, and create a uniform aesthetic. Product Information: Explore installation options — EverGuard® TPO Fleece-Back Membrane can be installed with a wide range of applications: n Mechanically attached — quick, cost-effective, and available practically year-round n Adhered — effective with EverGuard® WB181 Bonding Adhesive (water-based) or hot asphalt for a smooth appearance and excellent wind uplift n LRF Adhesive O — low-rise foam that’s low-VOC, ideal for minor surface irregularities, and available in a cartridge or 5-gallon container n LRF Adhesive M — low-rise foam that’s similar to LRF-O and can also be used for ISO insulation applications n LRF Adhesive XF — 2- part low-rise foam that's Low-VOC, ideal for minor surface irregularities, and can adhere up to 24 squares of Fleece-Back Membrane. n OlyBond 500 — 2-part low-rise foam that's Low-VOC, ideal for minor surface irregularities, and can adhere up to 24 squares of Fleece-Back Membrane 45, 60, 80 * GAF warranties and guarantees do not provide coverage against traffic except where GAF walkways are applied, or against hail or other impact. Refer to gaf.com for more information on warranty and guarantee coverage and restrictions. Hail or puncture resistance coverage may be available for purchase for eligible systems. Contact GAF for more information. † Additional requirements apply. Contact GAF for more information. See applicable guarantee, available at gaf.com, for complete coverage and restrictions. 48 We protect what matters most™ 45, 60, 80 Physical Properties (ASTM D6878) Type ASTM Test Method ASTM D6878 Minimum EverGuard® TPO Fleece-Back Membrane Test Values (approx.)‡ 45 mil 60 mil 80 mil Nominal Thickness ASTM D751 0.039" (0.99 mm)0.045" (1.14 mm)0.060" (1.52 mm)0.080" (2.03 mm) Breaking Strength ASTM D751 Grab Method 220 lbf (38.5 kg)375 lbf x 330 lbf (559 x 492 kg/m)400 lbf x 360 lbf (596 x 536 kg/m)440 lbf x 390 lbf (656 x 581 kg/m) Factory Seam Strength ASTM D751 66 lbf (98.34 kg/m) 115 lbf (membrane failure) (171 kg/m) 145 lbf (membrane failure) (216 kg/m) 155 lbf (membrane failure) (231 kg/m) Elongation at Break ASTM D751 15%30%30%30% Heat Aging ASTM D573 90% Retention of Breaking Strength and Elongation at Break 100%100%100% Tear Strength ASTM D3045 8" x 8" sample (203 mm x 203 mm) 55 lbf (81.95 kg/m) 90 lbf x 120 lbf (134 x 179 kg/m) 70 lbf x 130 lbf (104 x 194 kg/m) 100 lbf x 180 lbf (149 x 268 kg/m) Puncture Resistance FTM 101 C Method 2031 Not Established >350 lb. (159 kg)>380 lb. (172 kg)>380 lb. (172 kg) Cold Brittleness ASTM D2137 -40°C -40°C -40°C -40°C Permeance ASTM E96 Not Established 0.08 Perms 0.08 Perms 0.08 Perms Dimensional Change ASTM D1204 @ 158°F (70°C), 6 hrs.±1%0.2%0.4%0.4% Water Absorption ASTM D471 @ 158°F (70°C), 1 week ±3.0%0.7%0.7%0.7% Hydrostatic Resistance ASTM D751 Method D Not Established 390 psi 430 psi 430 psi Ozone Resistance ASTM D1149 No visible deterioration @ 7x magnification No visible deterioration @ 7x magnification No visible deterioration @ 7x magnification No visible deterioration @ 7x magnification Weather Resistance ASTM G155 / D6878 10,080 KJ / (m2 • nm) at 340 nm >20,000 KJ / (m2 • nm) at 340 nm >25,000 KJ / (m2 • nm) at 340 nm >25,000 KJ / (m2 • nm) at 340 nm Heat Aging ASTM D573 240°F (115°C), 32 weeks 60 weeks 60 weeks 60 weeks Thickness Above Scrim ASTM D7635 Min 30% of Total Thickness 15.8 mil (Nominal)22.1 mil (Nominal)31.4 mil (Nominal) Available Guarantees Up to 20 years Up to 25 years Up to 30 years NOTE: Additional requirements apply. Contact GAF for more information. See applicable guarantee, available at gaf.com, for complete coverage and restrictions.* White Membrane Only † Certain data is provided in MD (machine direction) x CMD (cross machine direction) format.‡ Values stated are approximate and subject to normal manufacturing variation. These values are not guaranteed and are provided solely as a guide. Sustainability Ratings/Certifications Cool Roof Rating Council (CRRC) Type ASTM Test Method Color Product ID#Initial Aged Solar Reflectance ASTM C1549 White 0676-0027 0.76 0.68 Thermal Emittance ASTM C1371 White 0676-0027 0.90 0.83 Solar Reflectance Index (SRI)ASTM E1980 White 0676-0027 94 81 LEED Information (white only) Manufacturing Location Mount Vernon, IN New Columbia, PA Cedar City, UT For additional information, contact GAF Design Services at 1-877-423-7663 or designservices@gaf.com 49 We protect what matters most™ 45, 60, 80 Applicable Standards/Approvals Miami Dade County Product Control Approved FM Approved (Refer to FM www.RoofNav.com for actual assemblies) Classified by UL in accordance with ANSI/ UL 790. (Refer to UL Product iQ for actual assemblies). UL Evaluation Report UL ER1306-01 Meets or exceeds the requirements of ASTM D6878.State of Florida Approved ICC-ES Evaluation Report ESR-4676 (Cedar City, UT only) Meets or exceeds the requirements of the Texas Department of Insurance. CRRC Rated - Can be used to comply with 2022 Title 24, Part 6, Cool Roof Requirements of the California Code of Regulations (White only) Product Data Roll Size Colors Full Roll Size Full Roll Weight (Average)Half Roll Size Half Roll Weight (Average) 45 mil White, Tan, Gray 10' x 100' (3.05 x 30.5 m) (1,000 sq. ft. [92.9 sq.m])272 lb. (123 kg)5' x 100' (1.52 x 30.5 m) (500 sq. ft. [46.5 sq.m])136 lb. (62 kg) 60 mil White, Tan, Gray, Energy Tan, Energy Gray 10' x 100' (3.05 x 30.5 m) (1,000 sq. ft. [92.9 sq.m])348 lb. (158 kg) 5' x 100' (1.52 x 30.5 m) (500 sq. ft. [46.5 sq.m])174 lb. (79 kg) 80 mil White, Tan, Gray 10' x 50' (3.05 x 15.24 m) (500 sq. ft. [46.5 sq.m])232 lb. (105 kg)5' x 50' (1.52 x 15.24 m) (250 sq. ft. [23.23 sq.m])116 lb. (53 kg) Storage Store on pallets in a clean, dry area at temperatures below 100°F (38ºC). Safety Warning Membrane rolls are heavy. Employ at least two people to position and install. Note: Membrane rolls shipped horizontally on pallets, stacked pyramid-style and banded.©2024 GAF • COMEG873-PDF-0624For additional information, contact GAF Design Services at 1-877-423-7663 or designservices@gaf.com 50 Memorandum REPORT TO:City Commission FROM:Cody Flammond, Engineer II SUBJECT:Authorize the City Manager to sign a Professional Services Master Task Order Agreement with Tetra Tech, Inc for Post-Closure Landfill Operations, Maintenance, and Monitoring MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Master Task Order Agreement with Tetra Tech, Inc for Post-Closure Landfill Operations, Maintenance, and Monitoring. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City has advertised for proposals from qualified firms to continue services associated with operations, maintenance, and monitoring at the City’s two closed landfills. The purpose of this work is to maintain regulatory compliance and fulfill the City’s responsibility to maintain public and environmental health and safety. The purpose of this professional service master task order agreement is to establish a working relationship with the selected firm to complete work at the landfill that will be specifically scoped in subsequent task orders. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The cost of this work will be established in subsequent task orders. This work will be paid for using funds in the Solid Waste Landfill Post-Closure budget for Consultants and Professional Services (641-5910-448.50-10) Attachments: Tetra Tech- Professional Services Master Task Order Agreement Report compiled on: August 1, 2024 51 Professional Services Master Task Order Agreement Page 1 of 12 PROFESSIONAL SERVICES MASTER TASK ORDER 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, Tetra Tech, Inc. 895 Technology Boulevard, Suite 101, Bozeman, Montana 59718, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter into this agreement with Contractor to provide a range of professional and technical services related to operations and maintenance of the City of Bozeman’s closed landfills, as requested by the City through issuance of individual, consecutively numbered Task Orders on an as needed and requested basis. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will expire on June 30th, 2027, unless extended or terminated as specifically provided for within the agreement. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the specific services and corresponding cost and schedule as mutually agreed upon by City and Contractor and included in each individual Task Order executed under the authority of this Agreement. The landfill operations, maintenance and monitoring scope of services that may be requested over the term of the contract may include, but not be necessarily limited to the following: • Perimeter methane monitoring and reporting. • Groundwater monitoring and reporting. • Industrial discharge monitoring and reporting. • Soil vapor monitoring and reporting. • Residential indoor air assessments. • Landfill gas extraction system operation and maintenance. • Soil vapor extraction and air injection system operation and maintenance. 52 Professional Services Master Task Order Agreement Page 2 of 12 • Data management. • Remedial alternatives analysis. • Design and construction oversight of selected remediation system improvements and remedial alternatives. • Regular reporting of monitoring results, work completed, and future recommendations to the City, Department of Environmental Quality, and other agencies, as necessary. Task Orders shall be in a format similar to EXHIBIT A, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: The terms of compensation to Contractor shall be agreed upon and included in each Task Order. City agrees to pay Contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City and will become an additional charge over and above the amount listed in 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. For each individual Task Order, Contractor will familiarize itself with the nature and extent of the assignment, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services and will provide a mutually agreeable Scope of Services for each Task Order. b. Contractor represents to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill ordinarily used by member in the same profession practicing at the same time and in the same locality; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this standard of care. 6. Independent Contractor Status/Labor Relations: 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 53 Professional Services Master Task Order Agreement Page 3 of 12 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 indemnify, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 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 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 reasonable attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages that may be asserted against, recovered from or suffered by the City by reason of any personal injury, including death, or property damage or loss, to the extent occasioned by, growing or arising out of or resulting from: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s consultants or subcontractors; 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 willful misconduct of the Contractor or Contractor’s consultants or subcontractors. Defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense 54 Professional Services Master Task Order Agreement Page 4 of 12 costs to the proportionate extent of the Contractor’s actual liability obligation hereunder. 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). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein 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 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 the Contractor 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. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA or caused by the “negligence, recklessness, or intentional misconduct” of the City or the City’s officers, employees, or agents as per 28-2-2111 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 subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and 55 Professional Services Master Task Order Agreement Page 5 of 12 expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $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; $1,000,000 annual aggregate; and • Professional Liability - $2,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 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 or any individual Task Order under this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. 56 Professional Services Master Task Order Agreement 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 a termination pursuant to this Section 8, Consultant shall provide all collected data to the City. e. 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 or any Task Order under this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement or any Task Order under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement or any Task Order under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. In the event of a termination pursuant to this Section 9, Contractor shall provide all collected data to the City. e. The compensation described in Section 9(c) is the sole compensation due to 57 Professional Services Master Task Order Agreement Page 7 of 12 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 ten (10) 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 Cody Flammond 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, Consultant 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 Shane Matolyak 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 58 Professional Services Master Task Order Agreement Page 8 of 12 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). Contractor must report to the City any violations of the Montana Equal Pay Act that 59 Professional Services Master Task Order Agreement Page 9 of 12 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, amended or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 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 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. 60 Professional Services Master Task Order Agreement Page 10 of 12 19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel 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 to 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. 61 Professional Services Master Task Order Agreement Page 11 of 12 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 therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Standard of Care: In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Consultant shall, at the City’s request, re-perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law 31. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. 32. 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. 33. Extensions: This Agreement may, upon mutual agreement, be extended for a period of two years by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 62 Professional Services Master Task Order Agreement Page 12 of 12 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA TETRA TECH, INC. (CONTRACTOR) By________________________________ By_________________________________ Chuck Winn, Interim City Manager Print Name:_________________________ Print Title: __________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 63 EXHIBIT A City of Bozeman - Transportation and Engineering Department Professional Services Master Task Order Agreement Dated ___________________, 2024 Task Order Number: _____________ Issued under the authority of Professional Service Master Task Order Agreement between the City of Bozeman and Tetra Tech, Inc. for closed landfill engineering services. This Task Order is dated________, 2024 between the City of Bozeman (City) and Tetra Tech, Inc. (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Cody Flammond Contractor: __________________ SCOPE OF WORK: The scope for this task order is detailed in the attached Scope of Work – Task Order Number _____. COMPENSATION: Contractor will bill for its services on a time and material basis with a project total not to exceed of $_________. Contractor shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined by the time and material actually used during the invoicing period. The provisions of the Professional Services Master Task Order Agreement dated _______ and any Special Terms and Conditions and/or Exhibits or Attachments to the Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Contractor By:_____________________________ By: _____________________________ Printed Name:____________________ Printed Name:_____________________ Title:____________________________ Title: ____________________________ Date:____________________________ Date: ____________________________ 64 Memorandum REPORT TO:City Commission FROM:Cody Flammond, Engineer II SUBJECT:Authorize the City Manager to sign a Professional Services Master Task Order Agreement with Water & Environmental Technologies, LLC for Post- Closure Landfill Operations, Maintenance, and Monitoring MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Master Task Order Agreement with Water & Environmental Technologies, LLC for Post- Closure Landfill Operations, Maintenance, and Monitoring STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City has advertised for proposals from qualified firms to continue services associated with operations, maintenance, and monitoring at the City’s two closed landfills. The purpose of this work is to maintain regulatory compliance and fulfill the City’s responsibility to maintain public and environmental health and safety. The purpose of this professional service master task order agreement is to establish a working relationship with the selected firm to complete work at the landfill that will be specifically scoped in subsequent task orders. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The cost of this work will be established in subsequent task orders. This work will be paid for using funds in the Non-Departmental Budget for Consultants and Professional Services (010-8920-471.5-10) Attachments: WET - Professional Services Master Task Order Agreement Report compiled on: August 1, 2024 65 Professional Services Master Task Order Agreement Page 1 of 12 PROFESSIONAL SERVICES MASTER TASK ORDER 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, Water & Environmental Technologies, LLC. 480 East Park Street, Butte, MT 59701, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter into this agreement with Contractor to provide a range of professional and technical services related to operations and maintenance of the City of Bozeman’s closed landfills, as requested by the City through issuance of individual, consecutively numbered Task Orders on an as needed and requested basis. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will expire on June 30th, 2027, unless extended or terminated as specifically provided for within the agreement. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the specific services and corresponding cost and schedule as mutually agreed upon by City and Contractor and included in each individual Task Order executed under the authority of this Agreement. The landfill operations, maintenance and monitoring scope of services that may be requested over the term of the contract may include, but not be necessarily limited to the following: • Perimeter methane monitoring and reporting. • Groundwater monitoring and reporting. • Industrial discharge monitoring and reporting. • Soil vapor monitoring and reporting. • Residential indoor air assessments. • Landfill gas extraction system operation and maintenance. • Soil vapor extraction and air injection system operation and maintenance. 66 Professional Services Master Task Order Agreement Page 2 of 12 • Data management. • Remedial alternatives analysis. • Design and construction oversight of selected remediation system improvements and remedial alternatives. • Regular reporting of monitoring results, work completed, and future recommendations to the City, Department of Environmental Quality, and other agencies, as necessary. Task Orders shall be in a format similar to EXHIBIT A, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: The terms of compensation to Contractor shall be agreed upon and included in each Task Order. City agrees to pay Contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City and will become an additional charge over and above the amount listed in 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. For each individual Task Order, Contractor will familiarize itself with the nature and extent of the assignment, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services and will provide a mutually agreeable Scope of Services for each Task Order. b. Contractor represents to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill ordinarily used by member in the same profession practicing at the same time and in the same locality; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this standard of care. 6. Independent Contractor Status/Labor Relations: 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 67 Professional Services Master Task Order Agreement Page 3 of 12 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 indemnify, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 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 and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents; 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 willful misconduct of the Contractor or Contractor’s agents or employees. Defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of the Contractor’s actual liability obligation hereunder. 68 Professional Services Master Task Order Agreement Page 4 of 12 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). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein 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 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 the Contractor 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. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA or caused by the “negligence, recklessness, or intentional misconduct” of the City or the City’s officers, employees, or agents as per 28-2-2111 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 subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and 69 Professional Services Master Task Order Agreement Page 5 of 12 expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $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; $1,000,000 annual aggregate; and • Professional Liability - $2,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 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 or any individual Task Order under this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. 70 Professional Services Master Task Order Agreement 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 a termination pursuant to this Section 8, Consultant shall provide all collected data to the City. e. 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 or any Task Order under this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement or any Task Order under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement or any Task Order under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. In the event of a termination pursuant to this Section 9, Contractor shall provide all collected data to the City. e. The compensation described in Section 9(c) is the sole compensation due to 71 Professional Services Master Task Order Agreement Page 7 of 12 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 ten (10) 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 Cody Flammond 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, Consultant 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 Joshua Vincent, President 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 72 Professional Services Master Task Order Agreement Page 8 of 12 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). Contractor must report to the City any violations of the Montana Equal Pay Act that 73 Professional Services Master Task Order Agreement Page 9 of 12 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, amended or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 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 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. 74 Professional Services Master Task Order Agreement Page 10 of 12 19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel 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 to 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. 75 Professional Services Master Task Order Agreement Page 11 of 12 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 therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Standard of Care: In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Consultant shall, at the City’s request, re-perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law 31. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. 32. 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. 33. Extensions: This Agreement may, upon mutual agreement, be extended for a period of two years by written agreement of the Parties. In no case, however, may this Agreement run longer than five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 76 Professional Services Master Task Order Agreement Page 12 of 12 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA WATER & ENVIRONMENTAL TECHNOLOGIES, LLC. (CONTRACTOR) By________________________________ By_________________________________ Chuck Winn, Interim City Manager Print Name:_________________________ Print Title: __________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 77 EXHIBIT A City of Bozeman - Transportation and Engineering Department Professional Services Master Task Order Agreement Dated ___________________, 2024 Task Order Number:_____________ Issued under the authority of Professional Service Master Task Order Agreement between the City of Bozeman and ___________________ for closed landfill engineering services. This Task Order is dated________, 2024 between the City of Bozeman (City) and Water & Environmental Technologies, LLC (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Cody Flammond Contractor: __________________ SCOPE OF WORK: The scope for this task order is detailed in the attached Scope of Work – Task Order Number _____. COMPENSATION: Contractor will bill for its services on a time and material basis with a project total not to exceed of $_________. Contractor shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined by the time and material actually used during the invoicing period. The provisions of the Professional Services Master Task Order Agreement dated _______ and any Special Terms and Conditions and/or Exhibits or Attachments to the Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Contractor By:_____________________________ By: _____________________________ Printed Name:____________________ Printed Name:_____________________ Title:____________________________ Title: ____________________________ Date:____________________________ Date: ____________________________ 78 Memorandum REPORT TO:City Commission FROM:Mitch Overton, Director of Parks and Recreation Addi Jadin, Park Planning and Development Manager SUBJECT:Authorize City Manager to Sign Professional Services Agreement with Groundprint, LLC for Planning Assistance with PRAT Plan Implementation in the Unified Development Code MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign Professional Services Agreement with Groundprint, LLC for Planning Assistance with PRAT Plan Implementation in the Unified Development Code 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:Susan Riggs was a consultant on the PRAT Plan. One of the next steps toward implementation of the PRAT Plan is to make text amendments to the Unified Development Code. Groundprint, LLC will contribute research, figures, and text proposals to the zone text amendment process. UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission FISCAL EFFECTS:Contract not to exceed $9,750 is included in the Parks and Trails District fiscal year 2025 budget Attachments: PSA with Exhibit A - Groundprint 07-29-2024.docx Report compiled on: July 25, 2024 79 Professional Services Agreement for PRAT Plan Zone Text Amendment Assistance Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“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, Groundprint, LLC, 280 West Kagy Blvd, Suite D #236, Bozeman MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor $9750 as described in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a.Contractor has familiarized itself with the nature and extent of this Agreement, the 80 Professional Services Agreement for PRAT Plan Zone Text Amendment Assistance Page 2 of 12 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 81 Professional Services Agreement for PRAT Plan Zone Text Amendment Assistance Page 3 of 12 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 obligationsshall 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 82 Professional Services Agreement for PRAT Plan Zone Text Amendment Assistance Page 4 of 12 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, Contractorshall 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. 83 Professional Services Agreement for PRAT Plan Zone Text Amendment Assistance Page 5 of 12 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 84 Professional Services Agreement for PRAT Plan Zone Text Amendment Assistance Page 6 of 12 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 Addi Jadin, Park Planning and Development Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Susan Riggs 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 85 Professional Services Agreement for PRAT Plan Zone Text Amendment Assistance Page 7 of 12 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.Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. 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). 86 Professional Services Agreement for PRAT Plan Zone Text Amendment Assistance Page 8 of 12 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 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. 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. 87 Professional Services Agreement for PRAT Plan Zone Text Amendment Assistance Page 9 of 12 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. 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 88 Professional Services Agreement for PRAT Plan Zone Text Amendment Assistance Page 10 of 12 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. 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. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 89 Professional Services Agreement for PRAT Plan Zone Text Amendment Assistance Page 11 of 12 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 90 Professional Services Agreement for PRAT Plan Zone Text Amendment Assistance Page 12 of 12 Exhibit A Groundprint, LLC Scope of Services Description: Professional planning assistance with an update to the City of Bozeman Unified Development Code (UDC). Specifically, consultant will assist the Parks and Recreation Department as it prepares to implement certain goals and objectives of the 2023 Parks, Recreation and Active Transportation Plan (PRAT Plan) by authoring text amendments or figures which may be codified in Section 38.420. – Park and Recreation Requirements and other relevant chapters of the UDC that regulate the planning and development of City of Bozeman Parks and Active Transportation infrastructure. In addition to PRAT Plan implementation, the text amendments and/or figures will aim to simplify and clarify the Park and Recreation Requirements and will coincide with the ongoing larger effort to update the UDC. Assistance may include crafting specific text amendments, researching the practices of peer communities, incorporating recommendations from national parks and recreation and urban planning organizations, and preparing visuals and slides for public presentations, online communication, and figures or tables within the UDC. Groundprint LLC agrees and acknowledges that all deliverables upon being provided to the City are sole property of the City of Bozeman. Cost and Terms: Groundprint, LLC to charge on a time and materials basis, with an hourly rate of $120.00 per hour. Invoices to be paid monthly within 30 days of receipt. Services not to exceed $9,750. 91 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of transportation and Engineering SUBJECT:Authorize the City Manager to Sign an Amendment to the Professional Services Agreement for the Engineering Review Fee Study with BerryDunn MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign an Amendment to the Professional Services Agreement for the Engineering Review Fee Study with BerryDunn. 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:BerryDunn completed our Engineering Review Fee Study to Evaluate the Fees Collected by the Engineering Division for Permits Issued by the Division. We entered into a Professional Service Agreement on June 27th, 2023 to Advise on Fee Levels Appropriate to Recoup the Cost-of-Service for Each of our Permits. We are now looking for Berry Dunn to continue to support the department in the development of our Infrastructure Review Fees. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:The total project cost is $9,950 per the attached City of Bozeman Infrastructure Review Fee Study Scope of Services. Funds are included in the fiscal year 2025 budget per Budget Code 750-4020-431.5010, and the budget is sufficient for the proposed work. Attachments: Scope of Services - Infrastructure Fee Study Report compiled on: July 31, 2024 92 berrydunn.com PROPOSAL City of Bozeman Infrastructure Review Fee Study BerryDunn 2211 Congress Street Portland, ME 04102-1955 207.541.2200 Kevin Price, Project Principal kprice@berrydunn.com Jesse Myott, Project Manager jmyott@berrydunn.com Proposal Submitted On: July 26, 2024 before 4 p.m. 93 July 26, 2024 City of Bozeman Engineering Division Attn: Marcy Yeykal P.O. Box 1230 Bozeman, MT 59771 Submitted via email to myeykal@bozeman.net Dear Marcy Yeykal: On behalf of Berry, Dunn, McNeil & Parker, LLC (BerryDunn), thank you for the opportunity to submit this proposal in response to the City of Bozeman's (COB’s) Request for Proposals (RFP) for an Infrastructure Review Fee Study. We value COB as an existing client, having supported multiple projects, including an effort to assist with a community development fee study, engineering review fee study, and a recreation cost of service analysis. We appreciate this opportunity to support COB in a new capacity and will leverage our existing relationship to maximize project efficiencies. BerryDunn is a nationally recognized independent management and IT firm, headquartered in Portland, Maine with nine office locations nationally. Focused on inspiring organizations to transform and innovate, we are a stable and well-established firm that has preserved our core values and reputation for excellence throughout our 49-year history. We have enjoyed steady growth by providing consistent, high-quality services to our clients in all 50 states, Puerto Rico, and Canada. We have a dedicated Local Government Practice Group that works with public-sector organizations like COB to calculate and assess the costs of providing services to their constituents and commercial partners. Our Community Development and Utility Operations Practice focuses exclusively on services such as engineering, public works, planning, permitting, inspections, code enforcement, licensing, asset management, and work orders. As COB seeks to reevaluate the fees collected by Transportation and Engineering Department Staff (the Department), BerryDunn will help establish a solid foundation for understanding COB’s cost to provide services and help ensure associated fees for services reflect the appropriate level in relation to the full cost to provide the service. As a result of the breadth and depth of our experience, we bring unique insights related to reviewing user fees for services like those in-scope for COB and can effectively drive project success on COB’s requested effort. As a principal in our Local Government Practice Group, I am authorized to bind BerryDunn to the commitments made herein. We have read the RFP and understand the conditions it contains. Our proposal is a firm and irrevocable offer valid for 120 days following the submission deadline of July 26, 2024. If you have any questions regarding our proposal, please consider me the City's primary point of contact and contact me directly. Sincerely, Kevin Price, MPP, PMP®, Prosci® CCP 2211 Congress Street ǀ Portland, ME 04102 207-541-2379 ǀ kprice@berrydunn.com 94 Table of Contents | i Table of Contents 1. Firm Overview .......................................................................................................................................................... 1 2. Relevant Experience................................................................................................................................................ 2 3. Project Methodology and Approach ....................................................................................................................... 4 4. Project Team .......................................................................................................................................................... 10 5. Project Schedule and Budget ............................................................................................................................... 11 Appendix A. Resumes ................................................................................................................................................ 12 95 Firm Overview | 1 1. Firm Overview BerryDunn is a nationally recognized independent management and IT consulting firm focused on inspiring organizations to transform and innovate. As a Limited Liability Company formed in 1974 with 69 principals and 34 owners, BerryDunn employs more than 800 staff across nine offices. Our Consulting Services Team has been serving state, local, and quasi-governmental agencies for over 30 years and includes more than 375 staff members. From extensive project experience for more than 650 state, local, and quasi-governmental agencies—including COB— our team brings valuable perspectives to every engagement. Our firm provides a full range of professional services that supports our ability to complete tasks outlined by COB on this initiative. These include:  Cost of Service and Fee Studies  Business Process Improvement, Reviews, and Redesign  Comprehensive/Master Planning  Enterprise and Departmental Strategic Planning  IT Assessments  IT Strategic Planning  Leadership and Organization Development  Organizational, Operational, and Staffing Analyses  Organizational Change Management  Performance Analyses  Project Assessments and Remediation  Software Planning and Procurement  Software Implementation Project Management and Oversight Additionally, our team members have prior experience leading state and local government agencies, providing them with an in-depth understanding of government operations, staffing needs, budgetary constraints, and the business processes required to provide necessary services to the internal divisions and the constituents COB serves. Figure 1 illustrates the overall organization of BerryDunn's Local Government Practice Group. We provide unparalleled expertise and unique insights across these practices, supporting our clients in solving some of their biggest challenges and addressing opportunities to improve and plan. Figure 1: Local Government Practice Group Specialization As mentioned, BerryDunn’s Community Development and Utility Operations Practice will serve COB on this initiative. This practice focuses on municipal and county policies, processes, fees, and systems related to engineering, public works, planning, zoning, permitting, inspections, development services, code enforcement, land management, work order, and asset management functions and is composed of industry experts with both firsthand and project experience. We proudly tailor our projects to recognize the work our clients do every day. We care about what we do, and we care about the people impacted by our work. 96 Relevant Experience | 2 2. Relevant Experience 2.1. Local Government Finance from Multiple Perspectives In Table 1, we provide a representative sample our team’s experience conducting fee study, cost recovery, and cost allocation planning projects for various local government departments across the country. This well- rounded perspective will bring value to COB as it strategically plans for the coming years. BerryDunn’s holistic approach will center both COB personnel and the constituents it serves. Table 1: Sample Experience of Services Provided Across Departments Department/Service Area Client Work Performed Community Development and Utility Operations Alachua County, FL Building and Fire Permit Fee Study City of Bozeman, MT Community Development Fee Review Study City of Gainesville, FL Building Permit Fee Study City of Gainesville, FL Fee Schedule Update City of Dallas, TX Comparative Building Permit Fee Study City of Fernandina Beach, FL Building Division Fee Study City of Homestead, FL Workflow and Comparative Fee Analysis City of Largo, FL Building Permit Fee Study City of Tucson, AZ Cost of Service Study and Fee Schedule Redesign Manatee County, FL Building and Development Services Fee Study Sonoma County, CA Fee and Cost Recovery Peer Comparison Town of Longboat Key, FL Comprehensive Fee Study Town of Smithfield, RI Water Rate Study Town of Smithfield, RI Sewer Rate Study Travis County, TX Development Review Process and Fee Study IT City of Irving, TX IT Department Cost Allocation Plan Citywide City of Villa Park, CA Fee and Rates Charges Study Parks and Recreation City of Bozeman, MT Recreation Cost of Service Study City of Cape Coral, FL Comprehensive Fee Study City of Jefferson City, MO Cost Recovery Study/Plan City of Ferguson, MO Cost of Service Analysis 97 Relevant Experience | 3 Department/Service Area Client Work Performed City of Grapevine, TX Cost Recovery, Fee Study, and Resource Allocation Plan City of Lynchburg, VA Cost of Service Analysis City of Mesa, AZ Cost of Service Analysis City of Mobile, AL Cost Recovery Analysis City of Gilbert, AZ Parks and Recreation Master Plan City of Raleigh, NC Cost of Service Analysis and Fee Study City of Sanibel Island, FL Cost of Service Analysis City of Tampa, FL Fiscal Analysis City of University Park, TX Cost of Service Consulting Granville County, NC Parks and Grounds Cost of Service Analysis Howard County, MD Fiscal Analysis Jackson County, MS Cost of Service Analysis Town of Amherst, MA Cost Recovery and Fee Analysis Town of Crestwood, CO Cost of Service Analysis Town of Queen Creek, AZ Cost of Service Analysis and Fee Study 98 Project Methodology and Approach | 4 3. Project Methodology and Approach 3.1. Understanding COB’s Needs Bozeman is a full-service City, affectionately known in the area as “the most livable place.” Characterized by its plethora of recreational activities and picturesque mountains, Bozeman is home to approximately 55,000 residents, several hundred of whom are COB employees. As this time, COB seeks a qualified consultant to determine the cost to provide various engineering services; identify the efficiency of current cost recovery levels; and recommend methodologies and fee changes necessary to achieve cost recovery now and in future years. This is where BerryDunn comes in. Our approach to conducting comprehensive cost of service and fee studies is rooted in developing a thorough understanding of the processes and personnel currently utilized by specified departments. Using this data and insight, we will develop a detailed cost model that identifies, calculates, totals, and allocates allowable direct and indirect costs to all applicable services. We then recommend methodologies for calculating fees and the amount of each fee. Additionally, we will leverage our knowledge and experience with COB and our process improvement expertise to determine the strengths and weaknesses of current service processes. We will interview select staff and stakeholders as directed—examples of which could be customers, residents, businesses, and community members—and consider data such as key functions, process flows, time frames, and duplicative functions. We will then provide recommended improvements. We will prepare both a Fee Study Report and Fee Study Model in draft form and solicit input from COB before updating the report and model to final. We will then present our report and cost model findings to select COB staff, select external stakeholders, and the City Council as directed. We find this presentation approach allows an opportunity for staff, stakeholders, and Council members to ask any final questions, provide additional feedback, and establish a higher level of buy-in, helping ensure the long-term success and adoption of the fee study recommendations. We understand what is being requested by COB and agree to provide the services necessary to achieve the goals and objectives of this project. 3.2. Project Management Methodologies To help ensure that project objectives are met, and initiation and completion of project work are conducted in a timely manner, each BerryDunn project is led by an experienced project manager who understands and utilizes project management best practices. In terms of COB’s project, Jesse Myott will lead the requested work effort. Jesse has served as project manager for numerous fee study projects, including our prior work with the City, and will help ensure the success of the City’s in-scope engagement. Our Consulting Services Team employs project management best practices from PMI®’s A Guide to the Project Management Body of Knowledge Guide (PMBOK® Guide), Version Seven. Figure 2, on the following page, illustrates the standards of project management as defined by performance domains and project delivery principles that are critical for effective delivery of project outcomes. 99 Project Methodology and Approach | 5 Figure 2: Performance Domains and Project Management Guiding Principles | PMBOK® Guide Change Management Methodology Stakeholders’ willingness to adopt new processes and tools plays a significant role in the success—or failure— of fee study projects. BerryDunn has observed resistance to change in virtually all our engagements. As such, our project management approach is carefully integrated with change management methodologies to promote buy-in and consensus for the project, and we will work with you to proactively address resistance by: • Engaging stakeholders at the right level throughout the project—from initial planning through implementation—to build understanding for the need for change and gain support from the people who will be using the future solutions and who are most familiar with current processes • Developing and executing a communications plan that considers the information needs of each stakeholder group • Documenting business processes and working with stakeholders to understand how their work will be performed in the future environment We have adopted the Prosci® change management methodology and trained over 100 consultants to become Prosci® Certified Change Practitioners (CCPs), including our proposed principal and project manager. A central focus of the Prosci® change management approach is the belief that, for change to work in an organization, individuals must be willing to change and understand change. Additionally, according to research conducted by Prosci®, the likelihood of project success increases significantly and in alignment with the level of change management focus applied to the project. 100 Project Methodology and Approach | 6 3.3. Work Plan BerryDunn strives to be flexible when it comes to developing and executing an effective work plan. We understand that no two projects are exactly alike, and our past clients have appreciated our willingness to adapt to their needs. This mindset plays a foundational role in how we measure the success of our portfolio of similar projects. Our approach to preparing COB’s fee study is outlined below and designed to incorporate consistent project management best practices with each of COB’s key deliverables and tasks. Our intent is to work with staff to help ensure we make the best use of your time. Ultimately, consistent collaboration can help promote buy-in and understanding for final recommendations. You can expect our approach to include the following attributes: • A methodology based on our extensive experience conducting similar cost of service, cost recovery, and fee studies • Quality assurance processes that incorporate COB review and approval of all deliverables • Built-in project management best practices that focus on keeping the project on time, on budget, and progressing at a healthy pace for COB stakeholders to give input in the information gathering and fact- finding process and understand final recommendations Figure 3 presents an overview of our proposed approach to completing COB’s desired scope of work. Figure 3: BerryDunn's Proposed Approach Below and on the following pages, we present a detailed breakdown of our approach to conduct the requested fee study. BerryDunn strives to be flexible when it comes to developing and executing an effective project plan. We understand that no two projects are exactly alike, and our past clients have appreciated our willingness to adapt to their needs. PHASE 0 Project Initiation and Management To establish a strong foundation for the project and help ensure a high-level of quality and communication throughout the engagement, we will utilize project management best practices based on PMI®’s PMBOK® 101 Project Methodology and Approach | 7 PHASE 0 Project Initiation and Management Guide and our experience conducting similar projects with municipal and county engineering, building and development, and public works departments throughout the country. COB can expect our team to complete the following project activities:  Thorough project planning, including an initial planning teleconference between BerryDunn’s team and applicable staff to confirm project goals, objectives, and expectations  Virtual kickoff meeting; following the initial planning call, we will conduct a virtual kickoff meeting with COB’s project team and identified stakeholders to discuss in greater detail the relationship of the current fees and charges environment, current cost recovery levels and targets, and current citywide goals and initiatives  Development of a detailed Project Work Plan and Schedule reflecting our proposal. Based on the information gathered from our initial project planning call and virtual kickoff meeting, we will develop the Project Work Plan and Schedule. This will outline the tasks, timelines, and identified milestones  Documentation and data review, including but not limited to current related fee schedules, lists of existing permit and service types and annual volume, revenue and expenditure budgets and reports, detailed revenue reports by permit or service type, organizational chart(s) and staffing rosters, personnel salary and benefit data, and other documentation deemed important to the study  Biweekly Project Status Meetings, which will describe activities and accomplishments for the reporting period, risk mitigation, deliverable reviews, scheduling discussions, and more Deliverable 1: Project Work Plan and Schedule Deliverable 2: Biweekly Project Status Updates PHASE 1 Cost of Service Analysis and Fee Analysis During Phase 1, our project team will interview staff and stakeholders virtually and review applicable fee schedules and budgets. We will use this information to assess Planning, Transportation and Engineering, and Public Works Support Services related to the Department’s current role in the infrastructure review process. We will examine the customer service involvement, perform a personnel analysis, and develop an initial cost model. Our goal will be to identify key direct and indirect resources related to Department service delivery. We will then project estimated cost incurred per applicable division, per service category, and where necessary for each specific step in the infrastructure review process. We will develop recommendations and recommend fees consistent with identified revenue requirements and cost recovery targets established in conjunction with staff and stakeholders. COB can expect our team to complete the following project activities:  Interview staff and stakeholders virtually  Review applicable fee schedules 102 Project Methodology and Approach | 8 PHASE 1 Cost of Service Analysis and Fee Analysis  Review applicable operating and capital budgets  Review revenue and expenditure reports (actuals)  Perform a personnel review  Project the full cost for providing services  Project the full cost for providing services by specific department/division, service category, and/or specific service step  Recommend methodologies for calculating fees and the amount of each fee to satisfy revenue requirements and cost recovery targets  Recommend where it is not feasible to recover the full cost of providing a service and also identify those instances where full cost recovery is attainable  Recommend fee for services the Department is currently providing but for which no fee is currently assessed Deliverable 3: Cost of Service Analysis and Fee Study PHASE 2 Proposed Fee Schedule Structure and Recommendations Utilizing the Cost of Service Analysis and Fee Study developed in Phase 1, our project team will identify and prioritize necessary service delivery elements for fee calculation methodologies and fee schedule structure and cost allocations and develop initial recommendations. We will review findings, priorities, and recommendations with internal and external stakeholders during two virtual workshops. COB can expect our team to complete the following project activities:  Facilitate virtual workshops  Validate fee schedule structure, fee calculation methodology, and full-cost allocation methodology  Where appropriate, demonstrate best practices and methodologies related to service delivery  Identify other deficiencies and areas for improvement  Develop recommendations, priorities, and implementation strategies  Provide additional consultative recommendations Deliverable 4: Proposed Fee Schedule Structure and Recommendations 103 Project Methodology and Approach | 9 PHASE 3 Draft Findings and Recommendations We will prepare a Draft Cost of Service and Fee Study Report, which we will share with staff and applicable stakeholders as directed. We will solicit feedback and discuss, document, and include desired modifications. We find that by sharing our initial findings and report with staff and stakeholders, we can establish consensus, build buy-in, and promote the long-term success of the recommendations and changes. Additionally, we will provide COB with the draft cost of service model in an easily accessible Microsoft Excel format. COB can expect our draft findings and recommendations to include the following:  Full-cost analysis and fee study findings related to the infrastructure review process environment  Revenue and expense allocations to services related to the infrastructure review process environment  Revenue requirement estimates and revenue projections for three fiscal years  Expense requirement estimates and expense projections for three fiscal years  Cost recovery targets  Fee design and calculation recommendations  Updated fee schedule(s)  Our review, analysis, and development of full-cost allocations for projected direct and indirect costs related to internal service delivery  Additional, applicable findings and recommendations Deliverable 5: Draft Cost of Service and Fee Study Report PHASE 4 Final Findings and Recommendations As final project closeout and knowledge sharing activities, we will apply edits to the Final Cost of Service and Fee Study Report, incorporating COB’s feedback. We will review final project deliverables with staff and applicable stakeholders virtually, as directed. We find that involving staff in preparation of the final documents helps to transfer knowledge and helps ensure the successful implementation of the final recommendations. COB can expect our team to complete the following project activities:  Update the Cost of Service and Fee Study Report and Cost of Service and Cost Allocation Model to final  Provide a single PDF file of the report and Microsoft Excel version of the cost model  Provide training to Department staff on the use of cost allocation model so that staff can independently update the model in subsequent years as needed  Present final project deliverables to the Department  Virtual Presence at presentation of final project deliverables to the City Council, if desired Deliverable 6: Final Cost of Service and Fee Study Report Deliverable 7: Final Cost of Service and Cost Allocation Model Deliverable 8: Final Presentations 104 Project Team | 10 4. Project Team Our team members bring valuable perspectives from their experiences providing project planning, project management, business process improvement services, fee studies, and more. Below, we highlight our project team members’ roles, responsibilities, and qualifications as it relates to COB’s requested services. Our project team members’ full resumes are included in Appendix A for COB’s further review and consideration. Kevin Price, MPP, PMP®, Prosci® CCP | Project Principal Kevin is a principal in our Local Government Practice Group. He leads our Community Development and Utility Operations Practice, assisting local government clients with fee analysis, business process improvement, system selection, and implementation projects. He also leads our Technology Management Practice focused on assisting local government clients with IT assessments and strategic planning projects. A certified Project Management Professional® (PMP®), Kevin has extensive experience in assessing the business needs and processes of municipal clients for permitting, inspections, planning, code enforcement, and land management functions. Kevin is also a Lean Six Sigma Green Belt, allowing him to continuously define, measure, analyze, improve, and control projects and environments for his clients. Further, Kevin has experience working with COB on two fee review studies. As the project principal, Kevin will:  Have overall responsibility for the services we have proposed to COB  Help ensure the commitment of our firm and appropriate resource allocation  Review and approve all deliverables in accordance with BerryDunn’s quality assurance processes Jesse Myott, MA | Project Manager Jesse is a manager in our Local Government Practice Group. He has over a decade of public-sector experience, focusing on supporting local governments with operating and capital improvement budget development and management; special fund accounting, revenue and expenditure forecasting; customer valuation; and cost of revenue analyses for municipal programs and services. Jesse has led multiple cost of service and cost allocation projects for local governments from California to Massachusetts and has conducted fee studies for community development departments in COB as well as the Cities of Fernandina Beach, Largo, and Gainesville, Florida, and Travis County, Texas. Jesse led BerryDunn’s recent Engineering Review Fee Study with COB. As the project manager, Jesse will:  Build and maintain a productive relationship with COB  Serve as COB’s primary point of contact  Lead our work and perform day-to-day project management and staff oversight  Lead the analysis and development of project deliverables  Develop and maintain the Project Work Plan and Schedule  Provide subject matter expertise 105 Project Schedule and Budget | 11 5. Project Schedule and Budget 5.1. Anticipated Schedule Table 2 presents a high-level overview of our proposed 12–16-week project schedule. We are happy to adjust this schedule to best accommodate the City’s needs, as appropriate. Table 2: BerryDunn’s Proposed Timeline Phase / Month 1 2 3 4 Phase 0: Project Initiation and Management ● Phase 1: Cost of Service Analysis and Fee Analysis ● ● ● Phase 2: Proposed Fee Schedule Structure and Recommendations ● Phase 3: Draft Findings and Recommendations ● Phase 4: Final Findings and Recommendations ● 5.2. Proposed Budget Our proposed fixed fee to complete our proposed work plan is broken down by phase in Table 3. We welcome the opportunity to review these costs based upon any feedback related to our work plan. Our fees are based on our experience conducting projects of similar size and scope, and the assumption that satisfying a deliverable is based on COB’s signed acceptance. We have proposed to complete this project entirely virtually. Table 3: BerryDunn’s Proposed Fees by Phase and Deliverable Phase Cost Phase 0: Project Initiation and Management $1,000 Phase 1: Cost of Service Analysis and Fee Analysis $3,525 Phase 2: Proposed Fee Schedule Structure and Recommendations $3,025 Phase 3: Draft Findings and Recommendations $1,250 Phase 4: Final Findings and Recommendations $1,150 Proposed Cost $9,950 106 Appendix A. Resumes | 12 Appendix A. Resumes Kevin Price, MPP, PMP®, Prosci® CCP PRINCIPAL EDUCATION AND CERTIFICATIONS Master’s degree, Public Policy and Management, Concentration in Financial Management, University of Southern Maine Bachelor’s degree, Economics and Political Science, University of Maine Project Management Professional® (PMP®), Project Management Institute® Prosci® Certified Change Practitioner Lean Six Sigma Green Belt Certified AFFILIATIONS AND MEMBERSHIPS  City of Westbrook, ME Planning Board, 2023 – Present  City of Westbrook, ME Sewer Commission – Member, 2021 – Present SELECT CLIENTS City of Bozeman, MT City of Dallas, TX City of Fernandina Beach, FL City of Gainesville, FL City of Largo, FL City of Tucson, AZ Kevin Price is a principal in BerryDunn’s Local Government Practice Group and leader of the Community Development and Utility Operations Practice. In this role, he assists local government clients with business process improvement, strategic and comprehensive planning, fee analysis, system selection, and implementation projects. A certified Project Management Professional® (PMP®), he has extensive experience assessing the business needs and processes of municipal clients for permitting, inspections, planning, code enforcement, and land management functions. Kevin is also a Lean Six Sigma Green Belt, allowing him to continuously define, measure, analyze, improve, and control projects and environments for his clients. RELEVANT EXPERIENCE Project Management: Kevin has managed large projects for some of BerryDunn’s most complex local government clients. He is adept at keeping projects on track and on schedule while meeting the dynamic and sometimes evolving needs of clients. He previously led BerryDunn’s Engagement Management and Vehicle Blight Projects for the City of San José, California. Fee Studies: Kevin has assisted BerryDunn clients with cost of service and comparative fee analysis projects. Kevin previously led our comparative fee analysis projects with the City of Homestead, Florida, and the City of Dallas, Texas, as well as fee studies for the Cities of Gainesville, Largo, and Fernandina Beach, Florida; Manatee County, Florida; the Town of Longboat Key, Florida; the City of Tucson, Arizona; and the City of Bozeman, Montana. Public Works: Kevin leads many of BerryDunn’s projects with municipal public works departments and has a keen understanding of the services these departments provide, the stakeholder groups involved, and the processes, systems, and fees necessary for service delivery. He has led related projects for the City of Boston, Massachusetts; City of Pearland, Texas; and City of Philadelphia, Pennsylvania. Process Analysis and Improvement: Kevin has assisted BerryDunn clients with process improvement projects as part of system replacement projects and as standalone projects. Kevin has previously led the process improvement projects with the Cities of Rockville, Maryland; Scottsdale, Arizona; Philadelphia, Pennsylvania; and Frisco, Texas. He also led the mapping of Community Development and Utility Operations processes for the City of Richland, Washington. Software Needs Assessments: Kevin has helped guide BerryDunn clients as they select and transition to updated software systems. He excels at understanding the as-is conditions of a client’s current environment and helping the client define their preferred future in the form of to-be attributes. He has previously worked with the City of Irvine, California on a needs assessment of their permitting software. 107 Appendix A. Resumes | 13 Jesse Myott, MA MANAGER EDUCATION AND CERTIFICATIONS Master’s degree, History, San Francisco State University Bachelor’s degree, History, University of Rhode Island Associate degree, Champlain College AFFILIATIONS AND MEMBERSHIPS  California Society of Municipal Finance Officers (CSMFO) (former)  Municipal Management Association of Northern California (MMANC) (former) SELECT CLIENTS City of Bozeman, MT City of Cape Coral, FL City of Dallas, TX City of Denver, CO City of Fernandina Beach, FL City of Gainesville, FL City of Homestead, FL City of Largo, FL City of Tucson, AZ Town of Mountain View, CO Town of Smithfield, RI Jesse Myott is a manager in our Local Government Practice Group. He brings over a decade of public-sector experience, focusing on supporting municipalities with operating and capital improvement budget development and management; special fund accounting, revenue and expenditure forecasting; customer valuation; and cost of revenue analyses for municipal programs and services. Jesse has led multiple cost of service and fee study projects for local governments across the country. RELEVANT EXPERIENCE Fee Studies: Jesse has authored highly complex and sensitive fee studies, created detailed subsidy analyses, and developed cost recovery models as well as water and sewer rate setting models for municipalities across the country, most recently for the City of Bozeman, Montana; City of Raleigh, North Carolina; Town of Smithfield, Rhode Island; the Cities of Gainesville and Largo, Florida; and the Counties of Alachua and Manatee, Florida. Process Analysis and Improvement: Jesse is an experienced municipal finance and management professional with over a decade of experience serving in many local government areas, both as an analyst and in senior management roles. His municipal business process knowledge extends through city administration, public works, water delivery and waste collection services, solid waste collection, public safety, economic development and redevelopment, library and recreation services, human resources, capital improvement program development, facility planning, compensation and benefits analysis, and citywide operating budget planning, monitoring, and delivery. Utilities Operations: Jesse has years of utility operations experience, specifically in water and sewer utility management. This experience includes operating and capital improvement budget development and delivery, rate setting, water distribution infrastructure finance planning, and collection infrastructure finance planning. Prior to joining BerryDunn, Jesse served as director of finance and administration for the public works department as well as acting superintendent of public works for an interim period. Finance: Jesse brings over a decade of public-sector experience. In addition to being an adept municipal finance professional, Jesse is particularly accomplished in public works and engineering budget development and delivery, as well as capital improvement project budget development and delivery. Prior to joining BerryDunn, he served as financial analyst and management analyst for the Cities of South San Francisco and Daly City, California, respectively. PUBLICATIONS AND PRESENTATIONS  Massachusetts Recreation and Park Association (MRPA) Annual Conference Speaker 2015 – Cost Recovery Methods 108 Memorandum REPORT TO:City Commission FROM:Max Ziegler - Facilities Assistant Superintendent SUBJECT:Authorize City Manager to Sign First Amendment to Construction Agreement with Big West Building Services for City Shops Roof Replacement MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign First Amendment to Construction Agreement with Big West Building Services for City Shops Roof Replacement STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:On June 4, 2024 the Bozeman City Commission approved a contract with Big West Building Services LLC to replace the roof systems at the Bozeman City Shops Complex. The original project specification were for the roof to be a mechanically attached system, which uses roof deck anchors to tie the roofing materials to the roof structure. Prior to beginning work on the project an anchor pullout test was performed, and the anchors met the performance requirements of the manufacturer. As installation of the roof anchors began, we observed spalling on the underside of the concrete roof deck due to the length of the anchors being similar to the thickness of the roof deck. While we determined that the spalling was not a structural concern, we decided to modify the work plan to avoid spalling going forward. This amendment is to change the roof attachment method from Mechanically Attached to Fully Adhered, using adhesives rather than anchors. This method has a higher materials cost, but will result in less disruption to Shops Complex daily operations. This amendment will incur additional costs of $18,933, but is not expected to impact the project timeline and projected completion date. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As Suggested by City Commission. FISCAL EFFECTS:This contract amendment will result in an increase to the overall contract price of $18,933 to be fully funded from project contingency and City Shops Complex maintenance operating budget. Attachments: 109 First Amendment - City Shops Roof Replacement.pdf Construction Agreement - Big West Building Services - City Shops Roof Replacement - Signed.pdf Report compiled on: July 31, 2024 110 First Amendment to Construction Agreement for Bozeman City Ships Complex Flat Roofing and Insulation Replacement FY 2025 Page 1 of 2 FIRST AMENDMENT TO CONSTRUCTION AGREEMENT THIS FIRST AMENDMENT TO THE CONSTRUCTION AGREEMENT FOR Bozeman City Shops Flat Roofing and Insulation Replacement dated June 4, 2024 (the “Agreement”) is made and entered into this _____ day of ____________, 2024, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Big West Building Services, LLC, 1001 S Main St., Suite 49, Kalispell, MT 59901, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Modification of Work to be Performed. Section 1 of the Agreement is amended to reflect scope changes as detailed in Exhibit A. 2. Modification of Compensation. Section 5 of the Agreement is amended to include additional contract costs as detailed in Exhibit A. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 111 First Amendment to Construction Agreement for Bozeman City Ships Complex Flat Roofing and Insulation Replacement FY 2025 Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA BIG WEST BUILDING SERVICES LLC By________________________________ By_____________________________ Chuck Winn, City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 112 EXHIBIT A 113 PROJECT CHANGE REQUEST TO: City of Bozeman FROM: Big West Building Services, LLC DATE: 07/29/2024 RE: City Shops Complex Re-Roof CHANGE ORDER NO: 001 Additional Scope of Work Items General Change order request to revise new roof system from mechanically attached to fully adhered: Updated Roofing Assembly Summary: 1. Seal roof deck joints and penetrations with non-permeable foam. 2. Adhere base layer of polyiso to structural deck with low-rise foam adhesive. 3. Adhere second layer of polyiso to base of layer of polyiso. 4. Adhere coverboard to second layer of polyiso. 5. Fully adhere 60 mil TPO membrane to coverboard. Total Change Request Amount: $23,933.00 $18,933.00 Docusign Envelope ID: 3575E927-A367-4693-A842-1D9419C67663 7/31/2024 Approved by: Max Ziegler 114 - 2 - Terms and Conditions The work included in this change order is as an additional service to the base contract for this project. All terms of Project Change Requests maintain reciprocity to the initial base contractual agreement. All additional services requested beyond the approved scope of work between Prime and Sub-Contractor are to be allocated in a separate change order form. Customer agrees that he or she has a maximum timeframe of 72 hours from receiving the Project Change Request to add or change any items. Customer agrees that this document solidifies all listed changes to serve as final Project Change Request(s). Any changes beyond this agreement will require a separate written Project Change Request executed and signed by both parties. Customer agrees that any change orders allocated to the project will reflect like kind quality, labor, and materials in reciprocity with approved Replacement Cost Value estimate. Any work beyond like kind quality, labor, and materials shall result in additional incurrence of funds prior to commencement of work. Any additional incurred costs as a result of Project Change Request beyond agreed tasks as a supported event of working nature shall be charged directly to the Customer before completion of subject tasks. Docusign Envelope ID: 3575E927-A367-4693-A842-1D9419C67663 115 Page 1 of 1 McGuire Roofing Products LLC 10685 King William Dr TX 75220 USA +19726943324 Sales@mcguireroofs.com www.mcguireroofs.com Estimate ADDRESS Ben Bowles Big West Building Services, LLC SHIP TO Ben Bowles Big West Building Services, LLC ESTIMATE 1126 DATE 07/29/2024 DATE SERVICE DESCRIPTION QTY RATE AMOUNT McGuire Flexbond Insulation Adhesive Part A & B (2 Canisters with Hose and Gun assembly) 16 925.50 14,808.00 McGuire FlexBond SB Bonding Adhesive (5g) 45 165.00 7,425.00 SUBTOTAL 22,233.00 TAX 0.00 SHIPPING 1,700.00 TOTAL $23,933.00 Accepted By Accepted Date Docusign Envelope ID: 3575E927-A367-4693-A842-1D9419C67663 116 TPOTPORollAccessoriesBonding AdhesiveDescription EverGuard® 1121 Bonding Adhesive is a contact-type bonding adhesive specially designed for bonding TPO single-ply roofing membranes and flashings to various roofing substrates. EverGuard® 1121 Bonding Adhesive is a general purpose rubber-based bonding adhesive for attaching TPO-based single-ply membranes to various substrates, including polyisocyanurate insulation and gypsum-based cover boards. Features and Benefits • Excellent coverage up to 70 sq ft per gallon of bonded membrane • Fast-drying solvent system • Easy application using roller or brush • Spray application also possible • High initial tack Physical Properties Base: Synthetic polymer Solvent: Hydrocarbon blend Flash Point: 0°F (-18°C) Weight/Gallon: 7.4 lbs Color: Yellow Viscosity: 2,300 - 2,700 cps Coverage: 50-70 sq. ft./gallon Total Solids: 25% +/- 2.5% Voc: 611 grams/liter Shelf Life: 1 year, unopened Open Time: Up to 60 minutes Dry Time: 5 – 15 minutes Application: Roller, brush, or spray Ordering Information Item Number: 7780OOMPackaging: 5 gallon pailsWeight: 37 lbs/pailShipping: 45 pails per pallet gaf.com 1121 Bonding Adhesive ©2016 GAF • 7/16 • #468 • 1 Campus Drive • Parsippany, NJ 07054 COMEG142 Docusign Envelope ID: 3575E927-A367-4693-A842-1D9419C67663 117 OLYBOND500® Insulation Adhesive Distributed by: Manufactured by: Description OlyBond500® is a two-component, low-rise polyurethane adhesive used to adhere a variety of board stocks to many roof substrates in both new and reroof applications. It can also be used to adhere insulation board to insulation board. OlyBond500® is dispensed in ¾" (19.1 mm) to 1" (25.4 mm) wide beads that spread to several inches while rising ¾" (19.1 mm) to 1" (25.4 mm) above the substrate. Place the board stock into the adhesive and walk into place. A chemical cure takes place, securing the board in approximately 4 to 8 minutes after application, depending on temperature and weather conditions. OlyBond500® uses water, not HCFC, as the blowing agent and therefore is low VOC. Basic Use • OlyBond500® is included in many approved roof assemblies listed with UL, FM Approvals, and Miami-Dade County. Refer to UL Product iQ, Miami-Dade County, and FM Approvals at RoofNav.com for actual assemblies.• Ensure that you have the correct OlyBond500® formulation for the surface and ambient temperature. • Regular - All Packaging 40°F+ (4.4°C+) • Winter Grade - Bag In Box/15 Gal (57 L) Drum 25°F - 65°F (13.8°C - 36.1°C) • Winter Grade - SpotShot 0°F - 65°F (-17.8°C - 36.1°C) • OlyBond500® is available in both Regular (Bag-in-Box, 15 Gal [57 L] Drums, and SpotShot) and Winter Grade OlyBond500® Spot Shot Bag-in-Box for optimum application at various temperatures. • Lightweight and portable. • Allows for easy insulation board installation. • Compatible with most single-ply and some asphaltic systems. • Quick cure time. • On retrofit re-cover projects, the existing roof material must be examined. All wet material must be identified and removed prior to the application of the OlyBond500® adhesive to ensure adequate attachment of existing system.• See pages 3 – 4 for general application recommendations and requirements. Packaging • 10-gallon (37.85 liters) Bag-in-Box sets for use with the PaceCart 2® and PaceCart 3™ (5-gallon [18.93 liters] Part 1; 5-gallon [18.93 liters] Part 2). 30-gallon (57 liters) Drum sets for use with PaceCart 3™ with conversion kit 15 gallon (57 liters) Part 1; 15 gallon (57 liters) Part 2 • 1,500-ml SpotShot cartridge sets for use in specially designed applicators. Compatibility When Properly Prepared and Evaluated Roof Decks and Substrates: • Structural concrete • Gypsum • Cementitious wood fiber plank • Lightweight insulating concrete • Steel (22 gauge or thicker with approved cross section) • Plywood (5⁄8" [15.9 mm] thick min.) • Smooth surface BUR • Smooth and granular-surface modified bitumen (See the GAF published application and specifications manual available at gaf.com for proper preparations or contact GAF Technical Support at 1-800-766-3411.) • Existing sprayed-in-place polyurethane foam • Base sheets • Asphaltic and fleece-top vapor barriers Roof Insulation and Cover Board: • Expanded polystyrene • Polyisocyanurate and HD polyisocyanurate (4 ft. x 4 ft. [1.21 m x 1.21 m] boards)• High-density wood fiber • Gypsum cover boards • Perlite • Certain extruded polystyrene Any substrate or insulation not listed must be reviewed by GAF. Call us at 800-766-3411. Codes and Compliance OlyBond500® Physical Property Test Method Typical Values Density ASTM D1622 5.03 lb/cf Compressive Strength ASTM D1621 18.02 psi @ 10% deformation Tensile Strength ASTM D1623 2.04 psi Water Absorption ASTM D2842 2.75% Closed Cell Content ASTM D6226 90% min VOC Content EPA Method 24 Regular: 11 g/L Winter: 50 g/L Weight/Gallon 10.32 lb 8.54 lb Florida Building Code Approved Description Packaging Type Weight OlyBond500® Part 1 (Regular & Winter Grade) Bag-in-Box 5 Gallon (18.9 L)53 lb. (24.06 kg) OlyBond500® Part 2 (Regular & Winter Grade) Bag-in-Box 5 Gallon (18.9 L)45 lb. (20.43 kg) OlyBond500® SpotShot Cartridge (Part 1 & Part 2) (Regular & Winter Grade) (4) 1500 ml Cartridges /Box 19 lb. (8.62 kg) OlyBond500® Part 1 15 Gallon (56.78 L) Drum 160 lb. (72.64 kg) OlyBond500® Part 2 15 Gallon (56.78 L) Drum 135 lb. (61.29 kg) OlyBond® Classic Part A 15 Gallon (56.78 L) Drum 160 lb. (72.64 kg) OlyBond® Classic Part B 15 Gallon (56.78 L) Drum 135 lb. (61.29 kg) OlyBond® Classic Part A 55 Gallon (208.2 L) Drum 591 lb. (268.31 kg ) OlyBond® Classic Part B 55 Gallon (208.2 L) Drum 591 lb. (268.31 kg ) Docusign Envelope ID: 3575E927-A367-4693-A842-1D9419C67663 118 PaceCart 2® and PaceCart 3™ for OlyBond500® Patented PaceCart 2® and PaceCart 3™ are the exclusive pieces of application equipment for OlyBond500® using patented Bag-in-Box technology. • Helps with fast adhesive application • Designed for large roof projects • Low installed cost method of application • Can apply up to 60 squares of insulation per hour using the PaceCart 2® and up to 120 squares of insulation per hour using the PaceCart3™ • Two-component reaction occurs in the disposable mix tips, keeping the gun and hoses clean and free flowing • 30-ft. (9.14 m) hose allows for easy application around penetrations • Use OMG PCPreserver™ to keep pumps, hoses, and gun assembly sufficiently lubricated during storage • Easy to clean and maintain • Clean, airtight delivery system • Built-in tool box holds extra mix tips, grease gun, etc. SpotShot Applicators Cordless Power Gun Applicator • All the benefits of the manual stand-up applicator plus a battery-powered mechanical drive system • Constant pressure provides even and uninterrupted adhesive flow for maximum efficiency • Easy to operate • Includes two (2) batteries and a 120-volt charger Hand Applicator • Lightweight and easy to use• Great for repair work or small areas • Inexpensive OLYBOND500® Insulation Adhesive Manual Stand-up Applicator • Lightweight and portable • Stand-up application helps reduce worker fatigue as compared with hand applicators Product Installation Job Conditions: • Ensure that you have the correct OlyBond500® formulation for the surface and ambient temperature. • Regular - All Packaging 40°F+ (4.4°C+) • Winter Grade - Bag In Box/15 Gal (57 L) Drum 25°F - 65°F (13.8°C - 36.1°C) • Winter Grade - SpotShot 0°F - 65°F (-17.8°C - 36.1°C) Roof Deck Criteria 1. OlyBond500® can only be installed on acceptable substrates (i.e., structural concrete, gypsum, cementitous wood fiber plank, lightweight insulating concrete, minimum 22-guage steel, and minimum 5/8” [15.9 mm] plywood) that have been properly prepared. The structure must be sufficient to withstand normal construction load and live loads. 2. Defects in the deck must be repaired prior to re-roof. The application of OlyBond500® should not proceed unless the defects are corrected. 3. It is the responsibility of the roofing contractor to ensure that the existing roof is adequately attached to the building. Surface Preparation • General: All surfaces must be clean, dry, and free of any debris, dirt, oil, or grease before applying OlyBond500®. • Specific Conditions • Steel - The bonding surface of steel decks must be dry and free of debris, dirt, grease, and oil. On new steel, the shop coating/mill oil must be removed. The bonding surface must be free of any cleaner before applying OlyBond500.® • Existing Smooth Asphaltic Surfaces - The surface must be dry and free of debris, dirt, grease, and oil. • Existing Polyurethane Foam - The surface of the polyurethane roof, including the coating, should be removed with a scarifier (minimum inch). The bonding surface should be blown clean before applying OlyBond500®. • Metal - It is recommended that all non-ferrous metals (aluminum, copper, stainless, etc.) be primed to increase adhesion. Acceptable primers include GAF Epoxy Primer, chlorinated rubber, and wash primer. Contact GAF for further requirements and restrictions. • Concrete - All concrete surfaces must be fully cured prior to applying OlyBond500®. • For detailed GAF substrate preparation requirements, please refer to the appropriate GAF Application and Specifications Manual or contact GAF at 1-800-766-3411. Hand Applicator Manual Stand-up Applicator Cordless Power Gun Applicator Distributed by: Manufactured by: Docusign Envelope ID: 3575E927-A367-4693-A842-1D9419C67663 119 OLYBOND500® Insulation Adhesive Product Installation• Using PaceCart 2® and PaceCart 3™ • Install Part 1 and Part 2 components following instructions on Bag-in-Box package or 15 gallon conversion kit. • Open flow valves on the dispenser completely and turn machine on. This allows adhesive to be pumped at a 1:1 ratio through the disposable mix tip and onto the substrate in a semi-liquid state. • Apply fluid mixture ¾"– 1" (19.1 mm – 25.4 mm) wide wet beads spaced a maximum of 12" (305 mm) on center that spreads in excess of 2" (51 mm) wide while rising to ¾"– 1" (19.1 mm – 25.4 mm). • Lay insulation board into place and walk-in to ensure complete adhesion. Curing typically occurs in 4 to 8 minutes depending on temperature and weather conditions. • For detailed GAF substrate preparation requirements, please refer to the appropriate GAF Application and Specifications Manual or contact GAF at 1-800-766-3411. • Using SpotShot Applicator • Attach the disposable mix tip to the top of the SpotShot tube. Insert the tube into the SpotShot dispensing tool and dispense onto the substrate. Apply fluid mixture in ¾" – 1" (19.1 mm – 25.4 mm) wide wet beads in rows spaced a maximum of 12" (305 mm) on center that spread in excess of 2" (51 mm) wide while rising to ¾" – 1" (19.1 mm – 25.4 mm). • Lay insulation board into place and walk-in to ensure complete adhesion. Curing typically occurs in 4 to 8 minutes depending on temperature and weather conditions. • For detailed GAF installation requirements, please refer to the appropriate GAF Application and Specifications Manuals or contact GAF at 1-800-766-3411. Typical Coverge Rates Coverage rates vary depending on surface roughness and absorption rate of the substrate. Typical coverage rates for OlyBond500® dispensed through the PaceCart® are up to 25 squares per 10-gallon (37.85 liters) Bag-in-Box sets and 75 square per 15-gallon (68.19 L) drum sets. Typical coverage rate for OlyBond500® SpotShot dispensed through applicators is 4 – 6 squares per case (4 sets of 1,500-ml cartridges). See chart below for typical coverage rates on specific substrates. Reaction Time It is important to monitor the speed of the reaction in relation to the temperature (substrate and ambient) at the time of application to ensure a complete reaction. Note the charts below for correct ‘Part 2’ component selection: Typical Reaction Time Characteristics A. 5- and 15-Gallon Bag-in-Box Packaging B. 1500 ml SpotShot Cartridges Important: When applying OlyBond500®, board stock must be placed into the adhesive shortly after it had reached its maximum rise while it is still wet and tacky and before it reaches its tack free state. Do not install boards if adhesive is skinned over. *Time from adhesive application to insulation board installation Distributed by: Manufactured by: Application Rates (Bag-in-Box Dispensed from PaceCart 2®) Typical Coverage* Squares/Gallon Insulation to Concrete up to 2.5 Insulation to Insulation up to 2.5 Insulation to Smooth BUR up to 1.7 Insulation to Modified Bitumen up to 1.7 Insulation to Gypsum up to 1.2 Insulation to Lightweight Concrete up to 1.7 Insulation to Wood up to 2.5 Insulation to Cementitious Wood Fiber up to 1.2 Insulation to Steel up to 1.2 * All covergae rates are based on 12” (305 mm) on center maximum spacing Temperature Part 2 Formula Tack-Free Time (minutes) Set-Up Time* (minutes) 25°F to 65°F W 3-4 10-12 40°F+R 3-5 10-12 Temperature Part 2 Formula Tack-Free Time (minutes) Set-Up Time (minutes) 0°F – 65°F W 3-4 10-12 40°F+R 3-5 10-12 Docusign Envelope ID: 3575E927-A367-4693-A842-1D9419C67663 120 OLYBOND500® Insulation Adhesive Distributed by: Precautions • In Case of Fire: Use water spray, foam, or CO2. Firefighters should be equipped with self-contained breathing apparatus and turnout gear for protection against PMDI vapors and toxic decomposition products. Avoid water contamination in closed container or confined areas.• Do Not Leave Adhesive Exposed or Unprotected. Polyurethane foam or isocyanurate foam products may present a serious fire hazard if exposed or unprotected. Each person, firm, or corporation engaged in the manufacture, production, application, installation, or use of any of these materials should carefully determine whether there is a potential fire hazard associated with such product in a specific usage and utilize all appropriate precautionary and safety measures as outlined in local, state, and federal regulations. When not in use, keep stored containers closed. First Aid In case of contact with eyes, immediately flush eyes with running water for at least 15 minutes. Call a physician immediately. In case of contact with skin, wash affected area with soap and water. Remove all contaminated clothing and shoes and clean before re-use. If swallowed, give large amounts of water to dilute. If vomiting occurs, give more water. Call a physician immediately. Disposal Do not discharge into lakes, streams, ponds, or public waters. Spilled material, unused contents, and empty containers should be disposed of in accordance with local, state, and federal regulations. Patent Notice The OMG PaceCart® dispensing cart and the Bag-in-Box OlyBond500® Part 1/Part 2 adhesive system, including the adhesive dispensing method, are covered by one or more of U.S. Patent Nos. 6,220,526; 8,113,385; 8,132,693; 8,167,170; 8,342,372; 8,474,658 and 9,327,308; and Canadian Patent No. 2,591,502, Canadian Parent No. 2,821,451 and U.S. Patent Pending. Limitations • OlyBond500® is not recommended for use with Polyisocyanurate board stock larger than 4' x 4' (1.21 m x 1.21 m). • OlyBond500® is not recommended for use during wet weather.• OlyBond500® cannot be used on dirty or grease-laden surfaces. • OlyBond500® is not recommended for use on any roof deck that shows signs of deterioration or loss of structural integrity. • OlyBond500® is not recommended for use after the expiration date. Contact OMG at 800-633-3800 for options and instructions. ©2020 GAF 5/20 • #478 gaf.com Manufactured by: Storage and Handling • Store in a cool, dry location at temperatures between 55°F (12.8°C) and 85°F (29.4°C). Protect from freezing at all times. If properly stored, the shelf life for unopened product is 18 months from the date of manufacture. • Keep containers closed. Contamination by moisture or basic compounds can cause dangerous pressure build-up in a closed container. • The minimum product temperature before application should be 72°F (22.2°C). The minimum ambient and surface temperatures should be 40°F (4.4°C) and rising unless the SpotShot winter formulation is being used. Docusign Envelope ID: 3575E927-A367-4693-A842-1D9419C67663 121 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 1 of 16 CONSTRUCTION AGREEMENT This Construction Agreement is made and entered into this _____ day of ____________, 20224 (“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, Big West Building Services, LLC, 1001 S Main St. Suite 49, Kalispell, MT 59901, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1. Work to be Performed: a. A description of the work to be performed to Bozeman City Shops Complex Flat Roofs (the “Construction Project”) and Contractor’s duties is set forth in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof, and in the drawings, plans, and specifications provided by the City, which are included in the Scope of Services attached hereto as Exhibit A. b. Prior to the commencement of any work on the Construction Project, Contractor’s representatives and City’s representatives shall hold a meeting to establish a working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the parties are unable to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City approves the related plans, designs, drawings, and specifications. c. Except as provided elsewhere in this Agreement, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project. d. During work on the Construction Project, and as part of the final completion of the Construction Project, Contractor shall clean up the Project site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 4th XXXXXX June, 2024 122355 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 2 of 16 2. City-Supplied Materials: The City may supply materials from time to time in furtherance of the Construction Project. Such materials will be noted as an addendum to this Agreement. 3. Time of Performance: Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project no later than November 1st, 2024. Time is of the essence of completion of all work and each phase of the Construction Project. 4. Liquidated Damages: If the Construction Project is not completed within the time provided by this Agreement, the City may deduct for each day the Construction Project remains uncompleted the sum of One Hundred Dollars ($100.00) from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of the Contractor’s failure to complete the Construction Project on time. 5. Compensation: a. City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount of Two Hundred and Twenty-Four Thousand, One Hundred and Seventy-Three Dollars ($224,173). b. If work not included within the original Construction Documents is requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work (“Change Order”). c. City shall retain five percent (5%) of the total amount of compensation to be paid to the Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of the Construction Project and any and all “punch list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty (30) days after the City’s final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project. e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 6. Inspection and Testing: a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access to the Construction Project at all times and shall provide every reasonable facility for the DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 123356 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 3 of 16 purpose of such inspection and testing, including temporarily discontinuing portions of the work or uncovering or taking down portions of the finished work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. 7. Partial Utilization of Construction Project: City shall have the right to use or occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor’s performance of the remaining portions of the Construction Project. In the event City takes possession of any portion of the Construction Project, such possession shall not be deemed an acceptance of the Construction Project, in whole or in part. City’s use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the total Construction Project and not from the date the City may take possession of selected portions of the Construction Project. 8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work related to the Construction Project at the construction site; provided such related work is not otherwise addressed in this Agreement and provided such related work does not otherwise interfere with Contractor’s performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site, a reasonable opportunity for the introduction and storage of materials and equipment, the opportunity to perform the related work, and shall properly coordinate the Contractor’s work on the Construction Project with the related work. 9. Contractor’s Warranties: Contractor represents and warrants as follows: a. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 124357 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 4 of 16 b. All workmanship and materials shall be of a kind and nature acceptable to the City. c. All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1) year from the final completion and acceptance by the City of the Construction Project, regardless of whether such equipment, materials, or labor were supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the site of the Construction Project during working hours for the term of this Agreement until the completion of the Construction Project. f. Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times. g. Contractor has examined all available records and made field examinations of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. h. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. i. All work must be performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 125358 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 5 of 16 caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. j. Contractor is responsible for any loss or damage to materials, tools, or other articles used or held for use in the completion of performance of the Construction Project. k. Contractor’s performance must be without damage or disruption to any other work or property of the City or of others and without interference with the operation of existing machinery or equipment. l. Title to all work, materials, and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Construction Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances. 10. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 11. Suspension: a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension. b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Project, including those portions on which work has been suspended. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 126359 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 6 of 16 c. As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction Project has increased or decreased. d. Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim. e. No compensation described in Section 11(c) shall be paid and no extension of time to complete the Construction Project shall be granted if the suspension results from Contractor’s non-compliance with or breach of the terms or requirements of this Agreement. 12. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the Construction Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over the Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Construction Project. b. In the event of a termination pursuant to this Section 12, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Construction Project has been completed. Upon completion of the Construction Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 127360 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 7 of 16 the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City. c. Any termination provided for by this Section 12 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 12, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease work on the Construction Project, 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 work on the Construction Project, discontinue placing orders for materials, supplies, and equipment for the Construction Project, and make every reasonable effort to 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, in progress, or in transit to the construction site. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property. d. The compensation described in Section 13(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. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 128361 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 8 of 16 14. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Assistant Superintendent, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Ben Bowles, President & CEO, 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. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 129362 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 9 of 16 16. Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work. 17. 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, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on the Construction Project, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 19. 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. 20. 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 DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 130363 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 10 of 16 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. 21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Construction Project. 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. 22. Labor Relations: a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction Project 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 to resume work on the Construction Project 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 work on the Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. 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. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 131364 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 11 of 16 23. Subcontractors: a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty (30) days after its filing. 25. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City ordinances. Contractor shall supply a chemical list, the associated material safety data sheets (MSDS), and other pertinent health exposure data for chemicals that the Contractor’s, subcontractor’s or the City’s employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City’s Representative. This documentation must be delivered before work involving these chemicals may commence. 26. Accounts and Records: During the term of this Agreement and for two (2) years following the City’s final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 132365 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 12 of 16 the right to inspect all such accounts and records, including but not limited to, Contractor’s records, books, correspondence, instructions, drawings, specifications, field and site notes, receipts, invoices, bills, contracts, or other documents relating to the Construction Project. 27. Indemnification; Insurance; Bonds: a. Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. b. 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). c. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d. 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. e. 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. f. 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. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 133366 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 13 of 16 g. These obligations shall survive termination of this Agreement and the services performed hereunder. h. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. 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 shown below: • Workers’ Compensation – not less than statutory limits; • 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; • Products and Completed Operations – $1,000,000; • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles); • Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work (covering at a minimum all work, buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the City and Contractor to the extent that damage to the Construction Project or City Hall is covered by other insurance; • Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate; • Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 134367 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 14 of 16 The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. 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. i. The Contractor shall furnish a Performance Bond and a Payment Bond in favor of the City each in an amount equal to one-hundred Percent (100%) of the Agreement amount. j. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Eighty Thousand Dollars ($80,000) or more. This license fee is paid to the Montana Department of Revenue. 29. 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 shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 30. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 31. 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. 32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 135368 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 15 of 16 33. 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. 34. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 35. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 36. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 37. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 38. 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. 38. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor may not assign to any third party other than Contractor’s subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 136369 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 16 of 16 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. 43. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA CONTRACTOR By: _______________________________ By: City Manager Print Name: Ben Bowles Title: President, Big West Building Services APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 137370 Certificate Of Completion Envelope Id: 3190B2592E324E3FBB329FD2361A1F03 Status: Completed Subject: Complete with Docusign: F.8 Construction_Agreement_-_Big_West_Building_Services_-_City_Shops_Ro... Source Envelope: Document Pages: 16 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Stamps: 1 PO Box 1230 Bozeman, MT 59771 Mmaas@bozeman.net IP Address: 69.145.83.100 Record Tracking Status: Original 6/5/2024 10:20:07 AM Holder: Mike Maas Mmaas@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bozeman Location: DocuSign Signer Events Signature Timestamp Ben Bowles bbowles@bigwestbs.com Manager Big West Building Services, LLC Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.123.197.189 Sent: 6/5/2024 10:22:12 AM Viewed: 6/6/2024 10:52:59 AM Signed: 6/6/2024 10:53:32 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 10:52:59 AM ID: 151a5c62-586d-4137-ade3-8e797eec06df Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 6/6/2024 10:53:34 AM Viewed: 6/6/2024 11:39:02 AM Signed: 6/6/2024 11:39:40 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 11:39:02 AM ID: 8eb9196f-c6ba-4e2c-af1e-c7c6e93d3aec Chuck Winn cwinn@bozeman.net Acting City Manager City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.53.144 Signed using mobile Sent: 6/6/2024 11:39:41 AM Viewed: 6/6/2024 12:16:45 PM Signed: 6/6/2024 12:16:59 PM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 12:16:45 PM ID: 29ff4452-b2e1-4298-b0ae-d361b8bbf79c Mike Maas mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signed Using IP Address: 69.145.83.100 Sent: 6/6/2024 12:17:00 PM Viewed: 6/13/2024 3:26:44 PM Signed: 6/13/2024 3:26:54 PM 138371 Signer Events Signature Timestamp Electronic Record and Signature Disclosure: Accepted: 1/6/2020 4:08:14 PM ID: 79370d6f-72a4-4837-866f-9ec31f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Max Ziegler wziegler@bozeman.net Facilities Project Coordinator City of Bozeman Security Level: Email, Account Authentication (None) Sent: 6/13/2024 3:26:56 PM Viewed: 6/13/2024 3:27:52 PM Electronic Record and Signature Disclosure: Accepted: 4/2/2024 9:11:00 AM ID: 7351ca1b-bf95-48ff-9fc5-a1369b10797f Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/5/2024 10:22:12 AM Certified Delivered Security Checked 6/13/2024 3:26:44 PM Signing Complete Security Checked 6/13/2024 3:26:54 PM Completed Security Checked 6/13/2024 3:26:56 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 139372 CONSUMER DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Electronic Record and Signature Disclosure created on: 7/9/2018 4:06:02 PM Parties agreed to: Ben Bowles, Greg Sullivan, Chuck Winn, Mike Maas, Max Ziegler 140373 How to contact City of Bozeman: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: jolson@bozeman.net To advise City of Bozeman of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at jolson@bozeman.net and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. 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By checking the ‘I agree’ box, I confirm that:  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify City of Bozeman as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Bozeman during the course of my relationship with you. 142375 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign Amendment No. 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC, for the Motor Control Center Replacement Project at the Water Reclamation Facility. MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment No. 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, LLC, for the Motor Control Center Replacement Project at the Water Reclamation Facility. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The original professional services agreement (PSA) with Advanced Engineering and Environmental Services (AE2S) provided for final design, bidding, and construction administration for the motor control center replacement project at the City’s water reclamation facility. The scope and fee for the original PSA was built around the standard design-bid-build project delivery method. Upon completion of final design, the engineer’s cost estimate was found to exceed the currently appropriated budget for the project. It was also discovered that specified industrial-grade electrical equipment lead times are substantial, with delivery delays of 1 year or more after placement of purchase order with the equipment manufacturer. Given these challenges, the City has negotiated the attached Amendment No. 1 to the original PSA to pivot into an equipment pre-procurement approach to save cost and time. Estimated equipment costs for the project exceed the state’s statutory bidding threshold of $80,000, so the City must pre-procure the equipment by advertising for competitive bids. AE2S will prepare the pre-procurement bid documents as part of their final design services, administer the bidding process, and assist the City with the equipment purchase details to ensure ordered equipment with the low bidder conforms to the project’s plans and specifications. Once the equipment is in-hand, the City will procure an electrical construction contractor to perform equipment installation and 143 startup. The fee for bidding and construction phase services in the original PSA will remain as is. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The negotiated cost of the attached PSA Amendment No. 1 with AE2S amends the final design fee to a total of $10,020. The final design fee in the original PSA totals $9,498 so the amendment increases the net design phase cost by $522. Adequate budget exists to cover this marginal fee increase. Attachments: Amendment 1 to PSA with AE2S for WRF Motor Control Center Replacement Project.pdf Report compiled on: August 1, 2024 144 Amendment No. 1 to Professional Services Agreement for Bozeman WRF MCC Replacement Project THIS AGREEMENT is made as of this ________ day of ____________________, 20 , between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER and Advanced Engineering and Environmental Services, LLC, an Engineering Consulting Firm of Bozeman, Montana, herein referred to as ENGINEER. WHEREAS, the parties have entered into a Professional Services Agreement February 27, 2024, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of the Original Agreement as specifically provided for in this Amendment No. 1. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: A. The scope description provided with Attachment 1 to this Amendment No. 1 is hereby incorporated into Exhibit C – Scope and Fee Description provided with the Original Agreement as if set forth therein. B. Article 6 – Compensation for Engineering Services of the Original Agreement is amended at 6.1.1 to read as follows: 6.1.1 Payment. The OWNER shall, for design phase services performed as Basic Engineering Services under sections 4.1 through 4.3 of this Amendment, pay ENGINEER $10,020 for the additional services set forth in this Amendment. 145 Except as specifically amended herein, the Original Agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN By: ______________________________________ Chuck Winn Interim City Manager ATTEST: By:_________________________________ Mike Maas City Clerk APPROVED AS TO FORM By:_________________________________ Greg Sullivan City Attorney ENGINEER By:___________________________________ Zach Magdol Operations Manager146 Attachment 1 to Amendment 1 Scope and Fee Description Bozeman WRF MCC Replacement Design and Bidding Services • Scope of work including expenses: o Project Management:  Includes various meetings with staff, invoicing, communication, and other administrative tasks. o Drawing and Spec Updates:  Time to account for any drawing or spec updated needed with the switch to pre-procurement.  QA/Review o Procurement Documents:  Development of contract documents for Pre-procurement changes Personnel† Name Labor Classification James Sletten I&C Technician IV Cody Shevich, PE Engineer II Adam Wahler, PE Engineer V Brian Viall, PE Project Manager II †The Labor Categories of Personnel assigned to this Task Order shall be subject to adjustment annually (as of January 1) to reflect equitable changes in the compensation payable to Consultant. This adjustment will not increase the total estimated compensation amount unless approved in writing by the City. 147 4 Fee Estimate Summary: • Anticipated Schedule: Draft pre-procurement documents provided to Owner by 8/13/2024 • Advertise for Bid week of 8/26/2024 Bozeman WRF MCCBozeman MT Wahler, PE Shevich, EIT Vial, PE Emineth Sletten Subtotal Labor Subs Expenses TotalEngineer V Engineer II PM II PC IV I&C IV Hours2024 Billing Rate 250$ 168$ 228$ 166$ 218$ 051 - PRE-PROCUMENT6 8 20 - 12 46 $10,020 $0 $200 $10,020Project Management12 12 $2,616 $0 $0 $2,616Drawing and Spec Updates6 8 14 $2,844 $0 $0 $2,844Preprocument Documents20 20 $4,560 $0 $0 $4,5606 8 20 - 12 46$1,500 $1,344 $4,560 $0 $2,61610,020$ -$ 200$ 10,020$ Wahler, PE Shevich, EIT Vial, PE Emineth Sletten010 - PROJECT MANAGEMENT $0040 - FINAL DESIGN $0051 - PRE-PROCUMENT $10,020060 - CONSTRUCTION $0080 - I&C $0Total Fee $10,020148 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist David Fine, Economic Development Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign an Amendment Three to the Professional Services Agreement with KLJ Engineering for the Aspen Street Bridge MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an amendment three to the professional services agreement with KLJ Engineering for the Aspen Street Bridge. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:On December 8, 2020 the City Commission authorized the original professional services agreement with KLJ engineering for the completion of the design for the Aspen Street Pedestrian Bridge. Since that time, the design work has been completed and the project is moving forward into construction. The Aspen Street Pedestrian Bridge would improve non-motorized vehicle connectivity in the neighborhood and further encourage bike and pedestrian traffic in the neighborhood. The Aspen Street Bridge construction is slated to begin in September of 2024. This amendment reflects additional duties for the final stages of the contract as outlined in the attached scope. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:The contract amendment is an additional $38,667 which is available in the Northeast Urban Renewal. Attachments: 24- Amendment 3 to PSA with KLJ for Aspen Street Ped Bridge.pdf 149 Report compiled on: July 24, 2024 150 3rd Amendment to Professional Services Agreement for Aspen Street Pedestrian Bridge Page 1 of 2 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS 1ST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR Engineering services for an Aspen Street Pedestrian Bridge dated December 8, 2020 (the “Agreement”) is made and entered into this 13th day of August, 2024, by and between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and KLJ Engineering, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Addition to Scope of Work. This amendment will expand the scope of work for this contract to include services related to providing construction phase services as outlined in the scope of work attached as Exhibit A. 2. Addition to payment. See Exhibit A for fee proposal for services to be provided. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 151 3rd Amendment to Professional Services Agreement for Aspen Street Pedestrian Bridge Page 2 of 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA KLJ ENGINEERING By________________________________ By_____________________________ Chuck Winn, City Manager Mark Anderson Senior Vice President Public Works APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 152 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Ordinance 2167, Provisional Adoption of the MSU Innovation Campus Planned Development Zone Map Amendment Rezoning 41.97 Acres from BP, Business Park, to Planned Development Zone Base Zone of B-2, Community Business District. The Property is Generally Located Between West College and Garfield Streets and Centered on Invention Drive, Application 24216 MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2167 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 City Commission adopted the Planned Development Zone (PDZ) Ordinance No. 2104 [External PDF Link] in the Fall of 2022. The Ordinance is designed to provide creativity and flexibility to achieve multiple city goals including affordable housing, historic preservation, sustainability and resilient designs, large development options, combined benefits, or novel public benefits. The city has offed alternate paths for decades. The first Planned Unit Development, the precursor to the PDZ, was first adopted in 1976. The city is currently processing multiple PDZ application and the MSU Innovation Campus PDZ is the first application to request final approval. The applicant, MSU Innovation Campus, submitted application for a Planned Development Zone (PDZ) pursuant to section 38.430, BMC. The applicant proposed a PDZ based on the B-2 zone utilizing the Sustainability/Resilient Design PDZ option. Specifically, any future buildings and their associated site improvement will: 1. Demonstrate a reduction of water consumption of at least 25%. Future developments within the PDZ will provide documentation of the intended path to achieve the proposed 25% or greater reduction in 153 indoor water usage and 25% or greater reduction in outdoor water usage as part of the Site Plan submission documents. This documentation may take the form of modelling prepared by a professional engineer demonstrating the required water usage reduction as compared to a model building that meets City of Bozeman development code requirements and state-adopted plumbing code requirements at the time of the submission, or a declaration of intent to follow the prescriptive path as outlined in the most recent version of the Planned Development Zone Procedures Manual; and 2. Demonstrate a reduction of non-renewable energy use of at least 25%. Future developments within the PDZ will provide documentation of the intended path to achieve the proposed 25% or greater reduction in non-renewable energy usage as part of the Building Permit submission documents. These calculations will be based on the most recently declared percentage of non-renewable energy within the energy mix as published by the energy utility at the time of submission. The reduction of the non-renewable energy portion of the delivered energy may include reductions in the energy use intensity (EUI) over a model building that meets City of Bozeman development code and state-adopted building code requirements at the time of the submission, the production of on-site renewable energy, or a combination of the two. In exchange for meeting these performance measures the city granted relaxations to specific standards including: 1. Authorized uses. Request to include Light Manufacturing and Manufacturing Moderate in addition to the base zoning designation uses (B-2). 2. Building height. Allow an increase of building height from the base B-2 height, implementing the Regional Commercial Future Land Use designation from 75 or 90’ to 120’ for a roof pitch less than 3:12 and 135’ for a roof pitch greater than 3:12. An increase of 44 to 60 percent depending on roof pitch. 3. Parking. Eliminate minimum parking requirements for the district. 4. Non-residential signage. Allow up to 400 square feet of signage per building or an increase of 1,100 percent based on the proposed building areas. 5. Blank wall treatment. Increase blank wall threshold from an area 10’ by 15’ to 24’ by 30’ or an increase of 480 percent. The property has an approved Master Site Plan (Application 17027), see also Modification 22107. The Plan arranged the street network and general development areas on the site. Subsequently, three site plan applications have been reviewed, approved, and the building constructed including: Advance Research Lab Site Plan. Application 18-225 154 Industry Bozeman Site Plan. Application 21-304 Aurora Technologies Site Plan. Application 22-114 On March 19, 2024, the City Commission approved the preliminary PDZ, Application 23292, establishing base zoning of B-2 and the approval of the preliminary General Development plan. Pursuant to section 38.430.080, BMC, the applicant submitted a final PDZ application (Application 24216) with documents necessary for processing the Ordinance to revise the zoning map from B-P to B-2 and approval of the final General Development Plan. Pursuant to table 38.430.080.B, the Commission has authority to approve the zoning Ordinance and the Director of Community Development has decision making authority, granted by the Commission, for the General Development Plan. The implementing Ordinance is attached to this memo. UNRESOLVED ISSUES:There are no unresolved issues with this application. ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. Attachments: 007 MSUIC PDZ District Zone Map Amendment.pdf 004 - C2_1 Concept Plan.pdf 24216 MSU Innovation Campus Ordinance 2167.pdf Report compiled on: July 31, 2024 155 BFBF BF BF BF BFBFBFBFBFBFBF BF BF BF BF BF BF BF BF BF BFNGNGNGNGNGNG F F F F F DYHDYHS MW TT TTT WV WV WV WV WV WV WV FF F F FF TV E EEDYH DYH I S S S S P P T T WV WVWV WV WV BF BF BF BF BF OHP OHP OHP OHP OHP OHP OHP OHP S S S W W W MW MW BTV BTV BTV BTV D S S S BFBFBFBF I II D S SS S MW T WV NG NGOHP OHP D MW BF BFBFBFBF BF BF BF BF BFBFBF BF BF BF HY DHY DHY DHYDHYDWWWWWWWWW W W W W W W W W W W W W W OHPOHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP NG TP TP TP TP TP TP TP BF SD SD SD SDSDSDSDSDSDWWBFBFBTV BTV BTV BTV BTV BTV BTV BTVBTVBTV BTV BTVNGNGTVP TVT P E P TV SSSSSS S W W W W W W W W S S S S PROPOSED LEASE AREA4.896 ACRES >>>>>>>>>>>>>>>>>>>8S8S8S8S8S8S8S8S8S8S8SS S S S S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S S 8SS 15SD 15SD 18SD 18SD 18SD 18SD18SD18SD18SD18SDSDD D 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8WHYDHYDHYDHYD8W8S S S 8S8S8SSHYD8W8W8W8W8W 8W8W8W8W8W>>>>>>>>>S S S S S BP BPNG NGS15S D 15S D 15SD 15SD 15SD T BF BFBFBFBFBFBFBFBFBFBFBFBFBF8.00' PUBLIC ACCESS EASEMENT PER DOC. NO. 2364299 10.00' PIPELINE EASEMENT PER DOC. NO. 2470211 20.00' BOZEMAN FIBER UTILITY EASEMENT PER DOC. NO. 2545979 12.50' PUBLIC STREET AND UTILITY EASEMENT PER DOC. NO. 2594392 32.50' PUBLIC STREET AND UTILITY EASEMENT PER DOC. NO. 2127250 EXISTING 60.00' PUBLIC STREET AND UTILITY EASEMENT EXISTING 10.00' PUBLIC UTILITY EASEMENT EXISTING 10.00' PUBLIC UTILITY EASEMENT EXISTING 80.00' PUBLIC STREET AND UTILITY EASEMENT EXISTING 10.00' PUBLIC UTILITY EASEMENT EXISTING 10.00' PUBLIC UTILITY EASEMENT S89°48'31"E 1155.52'S14°31'55"E215.29'S38°53'42"W 308.00'S 4 9 ° 3 0 ' 4 5 " E 3 8 7 . 6 4 ' S 4 6 ° 2 7 ' 2 8 " E 6 0 . 0 6 ' L=30.49, R=270.00 Δ=6°28'12" L =1 1 8 .2 8 ,R =3 3 0 .0 0Δ =2 0 °3 2 '1 2 "N89°54'05"W 1311.68' N75°20'59 " E 276.96' S89°52'33"E 29.99'4880487548704870 4870 48 6 5N0°56'55"E259.17'S0°05'19"W475.68'S89°49'37"W 270.57'N0°02'48"E935.95'32.50' PUBLIC STREET AND UTILITY EASEMENT PER DOC. NO. 2127251 70.00' STATE ROW STPU 1210(4) COS 2799 30.00' PUBLIC STREET AND UTILITY EASEMENT PER DOC. NO. 2113001 30.00' STATE ROW STPU 1210(4) COS 2799 N0°56'55"E70.01'S89°48'31"E 1154.59'N0°11'29"E70.00'TECHNOLO G Y B L V D INVENT ION DR IVE W. COLLEGE ST (130' R.O.W. AND EASEMENT) BOZEMAN FIBER CONSTRUCTION EASEMENT PER DOC. NO. 2545979 EXISTING 10FT WIDE CONCRETE PEDESTRIAN PATH EXISTING PUBLIC ACCESS AND UTILITY EASEMENT FOR PEDESTRIAN PATH, SEWER MAIN AND STORM WATER FACILITIES EXISTING PUBLIC UTILITY EASEMENT FOR STORM WATER FACILITIES 12' WIDE CONCRETE PEDESTRIAN PATH AND SEWER ACCESS EXISTIN G A R L BUILDIN G S I T E EXISTIN G INDUS T R Y B O Z E M A N SITE EXISTING STORM W A T E R P O N D STORM WATER PONDR E S E A R C H D R (6 0 F T R .O .W . )TECHNOLOGY BLVD (60FT R .O .W . ) 80 16040800 SCALE IN FEET WETLAND BOUNDARY (TYP.) 30FT WETLAND SETBACK (TYP.) 50FT WETLAND SETBACK (TYP.) 10.00' PUBLIC UTILITY EASEMENT PER DOC NO. 2594393 10.00' PUBLIC UTILITY EASEMENT PER DOC NO. 2594393 EXISTING PEDESTRIAN ACCESS EASEMENT PROPOSED STREET LIGHTS (TYP.) EXISTING HOPLITE FACILITY W. GARFIELD ST FUTURE 10FT WIDE CONCRETE PEDESTRIAN PATH WITHIN 30FT PEDESTRIAN ACCESS EASEMENT EXISTING WATER AND STORM DRAIN UTILITY EASEMENT EXISTIN G AUROR A S I T E EXISTING YELLOWSTONE FIBER BUILDING PROPERTY BOUNDARY (TYP.) OWNER: MONTANA STATE UNIVERSITY CAMPUS C/O MSU ALUMNI FOUNDATION PO BOX 172755 BOZEMAN, MT 59717 TEMPORARY RETENTION POND issue date project # phasesheet projectownerrevision date 11/15/2023 6:14 PMC1.1N:\5755\005 - Innovation Campus CDs\04 Design\PDZ\MSUIC PDZ District Zone Map Amendment.dwg09/07/2023MSUIC PDZ DISTRICT ZONE MAP AMENDMENT22030 PDZ PRELIMINARY PLAN SUBMISSIONMSU INNOVATION CAMPUS PDZMSU INNOVATION CAMPUSEXISTING STORM WATER POND TRACT C-1A AMENDED PLAT OF WEST COLLEGE MINOR SUBDIVISION #195B 41.97 ACRES 1,828,049.40 SF CURRENT ZONING: B-P PROPOSED ZONING: B-2 PLI zone B-2 zone BP zone BP zone R-O zone R-4 zone P.O.B. Tract C1-A of the Amended Plat of West College Minor Subdivision No. 195B along with the south 70 feet of West College Street right of way, located in the NW 1/4 and the NE 1/4 of Section 14, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, and being more particularly described as follows: Commencing from the northwest corner of said Tract C1-A, the Point of Beginning; thence N.0°56'55"E. a distance of 70.01 feet to the north line of Section 14, Township 2 South, Range 5 East; thence S.89°48'31"E. along said north line a distance of 1154.59 feet; thence S.0°11'29"W. a distance of 70.00 feet to the northeast corner of said Tract C1-A; thence S.14°31'55"E. a distance of 215.29 feet; thence S.38°53'42"W. a distance of 308.00 feet; thence S.49°30'45"E. a distance of 387.64 feet to the north right of way of Technology Blvd. West; thence along a curve to the left having a radius of 270.00 feet, a central angle of 6°28'12", for an arc length of 30.49 feet, for a chord bearing of N.49°40'17”E., a chord distance of 30.47 feet; thence S.46°27'28"E. a distance of 60.06 feet to the south right of way of Technology Blvd. West; thence along a curve to the right having a radius of 330.00 feet, a central angle of 20°32'12", for an arc length of 118.28 feet, a chord bearing of S.56°10'41”W., for a chord distance of 117.65 feet; thence S.0°05'19"W. a distance of 475.68 feet to the south side of the Public Street and Utility Easement # 2127250; thence N.89°54'05"W. a distance of 1311.68 feet; thence S.89°49'37"W. a distance of 270.57 feet; thence N.0°02'48"E. a distance of 935.95 feet; thence N.75°20'59"E. a distance of 276.96 feet; thence S.89°52'33"E. a distance of 29.99 feet; thence N.0°56'55"E. a distance of 259.17 feet to the Point of Beginning. The area of the above described parcel of land is 43.85 acres, more or less.BRANCH OF EAST CATRON CREEKMSU INNOVATION CAMPUS PROPERTY BOUNDARY 156 BFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFNGNGNGNGNGNGFFFFFDYHDYHSMWTTTTTWVWVWVWVWVWVWVFFFFFFTVEEEDYH DYHISSSSPPTTWVWVWVWVWVBFBFBFBFBFOHPOHPOHPOHPOHPOHPOHPOHPSSSWWWMWMWBTVBTVBTVBTVDSSSBF BF BFBF IIIDSSSSMWTWVNGNGOHPOHPDMWBFBFBFBFBFBFBFBFBFBFBFBFBFBFBF HYDHYDHYDHYDHYDWWWWWWWW WWWWWWWWWWWWWWOHP OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPNGTPTPTPTP TPTPTPBFSDSDSDSDSDSDSDSD SD WWBFBFBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVNGNGTVPTVTPEPTVSSSSSSSWWWWWWWWSSSSPROPOSED LEASE A R E A4.896 ACRES >>>>>>>>>>>>>>>>>>> 8S 8 S 8 S 8 S 8 S 8S 8S 8S 8S 8S 8SSS SSS8S8S8S8S8S8S8S8S8S8SS8S S8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8WHYDHYDHY D HYD8W12.50' PUBLIC STREET AND UTILITYEASEMENT PER DOC. NO. 259439232.50' PUBLIC STREET AND UTILITYEASEMENT PER DOC. NO. 2127508SSS8S8S8SSHYD 8W8W8W8W8W8W8W8W8W8W>>>>>>>>>SSSSSBPBPNG NG S15SD15SD15SD15SD15SDTS89°48'31"E1155.52'S14°31'55 " E 215.29' S3 8 ° 5 3 ' 4 2 " W 30 8 . 0 0 'S49°30'45"E387.64'S46°27'28"E60.06'L=30.49, R=270.00Δ=6°28'12"L=118.28 ,R= 3 3 0. 0 0Δ=2 0°32'1 2 " S0°05'19"W 475.68'S89°54'05"E1311.68'N89°49'37"E270.57'N0°02'48"E935.95'N75°20'59"E276.96'S89°52'33"E29.99'N0°56'55"E259.17'GENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAPARKING AREAPARKING AREAPARKING AREAPARKINGAREAPARKINGAREAPARKING AREAPARKING AREAOPEN SPACEOPENSPACEOPEN SPACEOPENSPACEOPEN SPACE8S8SWWSSSWSWSSSSSSSSSSSSSWSSS 8S 8S 8S W W W W SSSSSSSSWSSD SD SD SDSDSSSD SDSDSDSSHYD HYDWSWSWS15SD15SD18SD18SD18SD18 S D 18 S D 18 S D 18 S D 18 S D SD DD8.00' PUBLIC ACCESS EASEMENTPER DOC. NO. 236429910.00' PIPELINE EASEMENTPER DOC. NO. 247021120.00' BOZEMAN FIBER UTILITY EASEMENT PER DOC. NO. 25459798.00' PUBLIC ACCESS EASEMENTPER DOC. NO. 236429960.00' PUBLIC STREETAND UTILITY EASEMENT 80.00' PUBLIC STREETAND UTILITY EASEMENTTECHNOLOGY BLVDDRIVEW. COLLEGE STBOZEMAN FIBERCONSTRUCTION EASEMENTPER DOC. NO. 2545979PUBLIC ACCESS AND UTILITYEASEMENT FOR PEDESTRIANPATH, SEWER MAIN AND STORMWATER FACILITIESEXISTING STORM WATER POND TO BE REPLACED WITHMULTIPLE NEW STORAGE FACILITIES UPSTREAM ANDDOWN STREAM, INCLUDING UNDERGROUND STORAGE.PARKING LOTS AND CONVEYANCE SYSTEMS WILL BEDESIGNED WITH AN EMPHASIS ON LOW IMPACT DESIGNFEATURES AS EACH NEW SITE PLAN IS DEVELOPED.12' WIDE CONCRETEPEDESTRIAN PATH ANDSEWER ACCESSEXISTING ARLBUILDING SITEEXISTINGINDUSTRY BOZEMANSITEEXISTINGSTORM WA T E R P O N D RESEARCH DRTECHNOLOGY BLVD8016040800SCALE IN FEETWETLANDBOUNDARY (TYP.)30FT WETLANDSETBACK (TYP.)50FT WETLANDSETBACK (TYP.)PROPOSED STREET LIGHTS (TYP.)EXISTING HOPLITE FACILITYW. GARFIELD STEXISTINGAURORA SITEEXISTING YELLOWSTONEFIBER BUILDINGPROPERTY BOUNDARY (TYP.)TRACT C-1AAMENDED PLAT OF WEST COLLEGEMINOR SUBDIVISION #19541.97 ACRESOWNER:MONTANA STATE UNIVERSITY CAMPUS C/OMSU ALUMNI FOUNDATIONPO BOX 172755BOZEMAN, MT 59717CONCEPTUAL FUTUREPARKING AREA (TYP.)CONCEPTUAL FUTUREBUILDING AREA (TYP.)W3050W3050KEY NOTESDELINEATED WETLAND BOUNDARY30 FOOT WETLAND SETBACK50 FOOT WETLAND SETBACKFUTURE STORM WATER STORAGE FACILITYW3050SDSDSDSDSDSDWSW8SSSWATER MAIN EXTENSIONWATER SERVICESEWER MAIN EXTENSIONSEWER SERVICEUTILITY LEGENDissue dateproject #phasesheet project ownerrevisiondate6/6/2023 4:12 PM C2.1N:\5755\005 - Innovation Campus CDs\04 Design\PDZ\PDZ Exhibit.dwg PROPOSED CONCEPTUAL PLAN 22030MSU INNOVATION CAMPUS PDZ MSU INNOVATION CAMPUS 8S8WEXISTING WATER MAINEXISTING SEWER MAINCONCEPTUALEXISTINGEXISTING UTILITYEASEMENT (SEWER)INVENTIONNOTE: ANY FUTURE SEWER, WATER OR STORMDRAIN MAINS EXTENDED INTO OPEN SPACEAREAS WILL REQUIRE ALL-WEATHER VEHICLEACCESS AND NEW EASEMENTS. NOSTRUCTURES OR TREES WILL BE ALLOWED INTHE EASEMENT. FINAL EASEMENTS WILL BEDEVELOPED ONCE THE DESIGN IS FINALIZED.PROPOSEDMULTI-USE PATHMIN 10FT WIDE09/07/2023PDZ PRELIMINARYPLAN SUBMISSION157 Ord 2167 Page 1 of 8 ORDINANCE 2167 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE 41.97 ACRES AS THE MSU INNOVATION CAMPUS PLANNED DEVELOPMENT ZONE, KNOWN AS THE MSU INNOVATION CAMPUS PLANNED DEVELOPMENT ZONE MAP AMENDMENT FROM B-P, BUSINESS PARK, TO B-2, COMMUNITY BUSINESS DISTRICT, APPLICATION 24216. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, the City of Bozeman has adopted Ordinance 2104 creating Planned Development Zone option to encourage flexibility and innovation as described in division 38.430, Bozeman Municipal Code; and WHEREAS, Pursuant to section 38.430.030, Planned Development Zone districts adopted pursuant to this division must be implemented through the creation of new zoning districts through zoning map and text amendments as described in division 38.260, and shall be labeled on the base zone district layer of the city's official zoning map as "PDZ." Individual PDZ are not added to or listed in 38.300.020; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning amendment requests; and 158 Ordinance No. 2167, MSU Innovation Campus Zone Map Amendment and Planned Development Zone Page 2 of 8 WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, Chapter 38, Article 4, Division 430, Section 080 of the Bozeman Unified Development Code sets the procedures and review criteria for planned development zones; and WHEREAS, the proposed planned development zone application to amend the City of Bozeman Zoning Map to establish a planned development zone beginning from the provisions of the B-2, Community Business District, for approximately 41.97 acres and specific adjustments and waiver to non-procedural development standards listed in Section 2 of this Ordinance; and WHEREAS, the proposed planned development zone application to amend the City of Bozeman Zoning Map and establish standards for the subject property to establish a planned development zone beginning from the provisions of a zoning classification of B-2, Community Business District, for approximately 41.97 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on February 5, 2024, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 23293 the MSU Innovation Campus Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on February 27, 2024, and continued to March 19, 2024, to receive and review all written and oral testimony on the request for the zone map amendment and planned development zone; and WHEREAS, the City Commission has reviewed and considered the zone amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone amendment would be in compliance with the criteria; and 159 Ordinance No. 2167, MSU Innovation Campus Zone Map Amendment and Planned Development Zone Page 3 of 8 WHEREAS, the City Commission has reviewed and considered the planned development zone criteria established in Section 38.430.090, Bozeman Municipal Code, and found that the proposed planned development zone is in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. The City of Bozeman adopted Ordinance 2104 creating Planned Development Zone option to encourage flexibility and innovation as described in section 38.430, Bozeman Municipal Code; 4. Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; 5. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 6. Planned development zones must meet or exceed the criteria for approval in Section 38.430.090, Bozeman Municipal Code; 7. A staff report analyzing the required criteria for a zone amendment and planned development code, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied; 8. The two required public hearings were advertised as required in state law and municipal code and all persons had opportunity to review the materials applicable to the application and provide comment prior to a decision; 9. The Bozeman Zoning Commission was established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis 160 Ordinance No. 2167, MSU Innovation Campus Zone Map Amendment and Planned Development Zone Page 4 of 8 and report, and all submitted public comment recommended approval of the application. 10. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 11. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 12. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the MSU Innovation Campus Planned Development Zone have been satisfied. Section 2 Intent The MSU Innovation Campus goal is to support the research, technology transfer, entrepreneurial, and economic development activities of the local private sector, Montana State University, the overall region, and the state. Utilizing section 38.430.050.C, Sustainability / Resilient Design PDZ, the MSU Innovation Campus will utilize five (5) adjustments and waivers to non-procedural development standards to encourage more intensive development on the parcel. Section 3 That the “Base Zoning District” zoning district designation of the following-described property is hereby designated as B-2, Community Commercial District: An area of land comprised described as follows: Generally located between West College and Garfield Streets and centered on Invention Drive. More particularly described as Tract C1-A of the Amended Plat of West College Minor Subdivision No. 195B along with the south 70 feet of West College Street right of way, located in the NW 1/4 and the NE 1/4 of Section 14, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. More particularly described as, Tract C1-A of the Amended Plat of West College Minor Subdivision No. 195B along with the south 70 feet of West College Street right of way, 161 Ordinance No. 2167, MSU Innovation Campus Zone Map Amendment and Planned Development Zone Page 5 of 8 located in the NW 1/4 and the NE 1/4 of Section 14, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, and being more particularly described as follows: Commencing from the northwest corner of said Tract C1-A, the Point of Beginning; thence N.0°56'55"E. a distance of 70.01 feet to the north line of Section 14, Township 2 South, Range 5 East; thence S.89°48'31"E. along said north line a distance of 1154.59 feet; thence S.0°11'29"W. a distance of 70.00 feet to the northeast corner of said Tract C1-A; thence S.14°31'55"E. a distance of 215.29 feet; thence S.38°53'42"W. a distance of 308.00 feet; thence S.49°30'45"E. a distance of 387.64 feet to the north right of way of Technology Blvd. West; thence along a curve to the left having a radius of 270.00 feet, a central angle of 6°28'12", for an arc length of 30.49 feet, for a chord bearing of N.49°40'17”E., a chord distance of 30.47 feet; thence S.46°27'28"E. a distance of 60.06 feet to the south right of way of Technology Blvd. West; thence along a curve to the right having a radius of 330.00 feet, a central angle of 20°32'12", for an arc length of 118.28 feet, a chord bearing of S.56°10'41”W., for a chord distance of 117.65 feet; thence S.0°05'19"W. a distance of 475.68 feet to the south side of the Public Street and Utility Easement # 2127250; thence N.89°54'05"W. a distance of 1311.68 feet; thence S.89°49'37"W. a distance of 270.57 feet; thence N.0°02'48"E. a distance of 935.95 feet; thence N.75°20'59"E. a distance of 276.96 feet; thence S.89°52'33"E. a distance of 29.99 feet; thence N.0°56'55"E. a distance of 259.17 feet to the Point of Beginning. The area of the above-described parcel of land is 43.85 acres, more or less. Section 4 Adjustment and Waivers This application is proposing the creation of a Planned Development Zone based on the B-2 Community Business District zone with the following standards and relaxations and all others remaining as presently written: 1. Table 38.310.040.D. Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning districts. The uses Manufacturing (light) and Manufacturing (moderate) to be defined as Principal uses within the MSU Innovation Campus PDZ district. 2. Sec. 38.540.050. Number of parking spaces required. Requirements within the MSU Innovation Campus PDZ district. The minimum parking 162 Ordinance No. 2167, MSU Innovation Campus Zone Map Amendment and Planned Development Zone Page 6 of 8 requirements of the Bozeman UDC do not apply within the MSU Innovation Campus PDZ district. 3. Sec. 38.320.050. Form and intensity standards --- Non-residential and other mixed-use districts. Maximum Building Height. The maximum building height within the MSU Innovation Campus PDZ district will be 120’ for a roof pitch less than 3:12, and 135’ for a roof pitch greater than 3:12. Or, the maximum height allowed within a B-2 district, whichever is greater. 4. Sec. 38.560.060. – Signs permitted upon the issuance of a sign permit. Non- Residential Sign Standards. The maximum square feet area of allowed signage within the MSU Innovation Campus PDZ district will be 400 per building. 5. Sec. 38.530.070. Blank Wall Treatments. Within the MSU Innovation Campus PDZ district the definition of a blank wall requiring mitigation will be: A wall (including building facades and retaining wall) is considered a blank wall if it is over 24 feet in height, has a horizontal length greater than 30 feet, and does not include a transparent window or door. Section 5 Based on the Unified Development Code adopted at the time of this Ordinance. Section 6 Permissive. The more permissive standard rules. If city code is amended the more permissive prevails. Section 7 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 8 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other 163 Ordinance No. 2167, MSU Innovation Campus Zone Map Amendment and Planned Development Zone Page 7 of 8 provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 9 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 10 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 11 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 12 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 164 Ordinance No. 2167, MSU Innovation Campus Zone Map Amendment and Planned Development Zone Page 8 of 8 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___th day of _______________, 2024. ____________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of ________________, 2024. The effective date of this ordinance is _____________, ____, 2024. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 165 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:South Range Crossing (SRX) II Growth Policy Amendment Application to Revise the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use on Approximately 7.644 acres in Association with a Zone Map Amendment (Application 24196). The property is located on the northeast corner of South 19th Avenue and Graf Street, Application 24195 MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Consider the Motion: Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and move to approve Application 24195, the SRX II Growth Policy Amendment. 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:The City received an application to modify the Bozeman Community Plan 2020 (BCP 2020)Future Land Use map from Urban Neighborhood to Community Commercial Mixed Use. The request stems from the associated application to rezone the subject property from lower density residential to REMU and B-2M (Community Commercial Mixed), see application 24196. The B-2M zoning district is not an implementing district for the Urban Neighborhood future land use designation and therefore, must be changed before the property can be zoned B-2M. If the governing body does not approve the Growth Policy Amendment application, the rezoning application for the area is moot. No change to the text or the plan is proposed. The SRX II GPA is a revised application previously reviewed and denied by the City Commission on March 5, 2024, Application 23063, and an associated zone map amendment Application 23059. The original application requested modifying 17.5 acres from Urban Neighborhood to Community Commercial Mixed Use. In short, the Commission determined the size and location of the request was beyond what the community considered during the recent creation and adoption of the Bozeman Community Plan 2020 adopted by 166 Resolution 5133 on November 17, 2020. Further, the size and configuration would stretch the commercial corridor that conflicts with a variety of the goals and policies of the BCP 2020. Finally, the size and configuration of the area would likely not serve the goal of neighborhood commercial activity the application stated the desired outcome of the application. The record of the hearing and deliberations can be viewed at the following link. The hearing starts at time stamp 1:31:45. https://bozeman.granicus.com/player/clip/2233?view_id=1&redirect=true The city prepares the growth policy based on best available information at the time. As new information becomes available it is appropriate to consider possible amendments. An application for an amendment to the future land use map of the Bozeman Community Plan 2020 has been submitted by the landowner. The applicant proposed modifying the future land use designation from Urban Neighborhood to Community Commercial Mixed Use. The Bozeman Community Plan 2020 and the associated Future Land Use Map is the fundamental building block for many future development decisions including zoning, community character, intensity, density, parking, and other aspects. Changes to the plan are infrequent and are reviewed with gravitas. Considerable development is occurring around the subject property including the Nexus Point and Graf apartments across 19th Street to the west, the South University District to the north, South Range Crossing on the south, Jarret Major Subdivision, Allison Subdivision to the east, and others. Discussion and criteria for deciding on this growth policy application are limited to those in this report. Other elements of the future development will be addressed separately in the future. Application materials [External Link] are available through the City’s website. No public comment has been received as of the writing of this report. The Community Development Board reviewed the growth policy amendment and associated zone map amendment for the proposed B-2M zone on July 15, 2024, and forwarded a favorable recommendation. The Commission is scheduled to discuss Urban Camping on August 6th prior to taking up the growth policy and zone map amendments. To create a favorable environment for this policy discussion and interested parties, this application the public hearing was continued from August 6th to August 13th, 2024. UNRESOLVED ISSUES:No unresolved issues have been identified at this time. ALTERNATIVES:1. Approve the application, 167 2. Deny the application finding non-compliance with the review criteria, 3. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy amendment. Attachments: 24195 SRX II GPA CC SR 8-13-2024.pdf Report compiled on: July 31, 2024 168 Page 1 of 29 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Public Hearing Dates: Community Development Board July 15, 2024. City Commission August 6, 2024 continued to August 13, 2024. Project Description: A growth policy amendment to revise the future land use map from Urban Neighborhood to Community Commercial Mixed Use on approximately 7.644 acres. Project Location: The property is located on the northeast corner of South 19th Avenue and Graf Street. The property is legally described as a Tract of Land located in the Southwest One-Quarter (SW ¼) of the Northwest One-Quarter (NW ¼) of Section 24, Township Two-South (T2S), Range Five-East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Meets standards for approval with contingencies Community Development Board Motion: Having reviewed and considered the application materials, public comment, and all information presented, I hereby move to adopt the findings presented in the staff report and recommend the City Commission approve the growth policy amendment application 24195. City Commission Recommended Motion: Having reviewed and considered the application materials, public comment, Community Development Board recommendation, and all the information presented, I hereby move to adopt the findings presented in the staff report and move to approve Application 24195, the SRX II Growth Policy Amendment. Report: July 31, 2024 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action – Legislative EXECUTIVE SUMMARY Unresolved Issues No unresolved issues have been identified at this time. 169 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 2 of 29 Project Summary The City received an application to modify the Bozeman Community Plan 2020 (BCP 2020)Future Land Use map from Urban Neighborhood to Community Commercial Mixed Use. The request stems from the associated application to rezone the subject property from lower density residential to REMU and B-2M (Community Commercial Mixed), see application 24196. The B-2M zoning district is not an implementing district for the Urban Neighborhood future land use designation and therefore, must be changed before the property can be zoned B-2M. If the governing body does not approve the Growth Policy Amendment application, the rezoning application for the area is moot. No change to the text or the plan is proposed. The SRX II GPA is a revised application previously reviewed and denied by the City Commission on March 5, 2024, Application 23063, and an associated zone map amendment Application 23059. The original application requested modifying 17.5 acres from Urban Neighborhood to Community Commercial Mixed Use. In short, the Commission determined the size and location of the request was beyond what the community considered during the recent creation and adoption of the Bozeman Community Plan 2020 adopted by Resolution 5133 on November 17, 2020. Further, the size and configuration would stretch the commercial corridor that conflicts with a variety of the goals and policies of the BCP 2020. Finally, the size and configuration of the area would likely not serve the goal of neighborhood commercial activity the application stated the desired outcome of the application. The record of the hearing and deliberations can be viewed at the following link. The hearing starts at time stamp 1:31:45. https://bozeman.granicus.com/player/clip/2233?view_id=1&redirect=true The city prepares the growth policy based on best available information at the time. As new information becomes available it is appropriate to consider possible amendments. An application for an amendment to the future land use map of the Bozeman Community Plan 2020 has been submitted by the landowner. The applicant proposed modifying the future land use designation from Urban Neighborhood to Community Commercial Mixed Use. The Bozeman Community Plan 2020 and the associated Future Land Use Map is the fundamental building block for many future development decisions including zoning, community character, intensity, density, parking, and other aspects. Changes to the plan are infrequent and are reviewed with gravitas. Considerable development is occurring around the subject property including the Nexus Point and Graf apartments across 19th Street to the west, the South University District to the north, South Range Crossing on the south, Jarret Major Subdivision, Allison Subdivision to the east, and others. Discussion and criteria for deciding on this growth policy application are limited to those in this report. Other elements of the future development will be addressed separately in the future. 170 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 3 of 29 Application materials are available through the City’s website. No public comment has been received as of the writing of this report. Community Development Board Summary The Community Development Board in their capacity as the Planning Board held a hearing on July 15, 2024, to consider the application and provide the City Commission a recommendation. Based on the record presented the Board focused on three over-arching themes. First, they found the application supports the BCP 2020 desire of creating an even distribution of commercial activity and is suitable for the area needs. Secondly, the change should support the needs for neighborhood goods and services lacking on the south and west side of town. And finally, the request highlights the desire to further Goal N-2: to pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. In conclusion the Board voted unanimously (5:0) to recommend approval of the growth policy amendment. There was no public comment on the application. A full recording of the deliberations can be viewed at the following web link. The discussion starts at time stamp 1:18:10. https://bozeman.granicus.com/player/clip/2322?view_id=1&redirect=true Alternatives 1. Approve the application, 2. Deny the application finding non-compliance with the review criteria, 3. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 171 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 4 of 29 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Community Development Board Summary........................................................................ 3 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 5 SECTION 2 - CONTINGENCIES OF APPROVAL ............................................................. 12 SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS .................................... 12 SECTION 4 - STAFF ANALYSIS AND FINDINGS ........................................................... 13 APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY ............................... 26 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 29 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 29 172 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 5 of 29 SECTION 1 - MAP SERIES Map 1: Location Map 173 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 6 of 29 Map 2: View of existing area Future Land Use Map designations 174 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 7 of 29 Map 3: Current zoning 175 Page 8 of 29 Map 4: Large Scale Location Map 176 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 9 of 29 Map 5: View of existing area Future Land Use Map designations, Bozeman Community Plan 2020 177 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 10 of 29 Map 6: Large Scale Current Zoning Map 178 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 11 of 29 Map 7 - Application Exhibit 179 Page 12 of 29 SECTION 2 - CONTINGENCIES OF APPROVAL If the City Commission approves the application, the following contingencies are recommended. Please note that these contingencies are necessary for the City to complete the processing of the proposed amendment. Recommended Contingencies: 1) The applicant shall submit, within forty-five (45) days of approval by the City Commission, an 8½ x 11-inch or 8½ x 14-inch exhibit titled “SRX II Growth Policy Amendment” and PDF file to the Department of Community Development containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Department of Community Development. 2) The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the entire area to be re-designated, which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman Community Plan 2020. SECTION 3 - RECOMMENDATIONS AND FUTURE ACTIONS Having considered the criteria established for a growth policy map amendment, Staff recommends approval for the application as submitted, with analysis provided in Section 4 below. The Development Review Committee (DRC) considered the amendment on May 15, 2024, and finds no limitations on approval. This determination means the city’s utility and infrastructure plan anticipated capacities can adequately accommodate any proposed use for either the Urban Neighborhood or Community Commercial Mixed Use future land use designation. The Community Development Board in their capacity as the Planning Board will hold a public hearing on July 15, 2024, to make a recommendation to the City Commission for the growth policy map amendment. After consideration of all materials and matters they recommended approval or disapproval of the amendment. The hearing begins at 6:00 p.m. Meetings will be held in the location and manner identified on the meeting agenda. The City Commission will hold a public hearing on the growth policy map amendment on August 6, 2024. The hearing begins at 6:00 p.m. Meetings will be held in the location and manner identified on the meeting agenda. 180 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 13 of 29 SECTION 4 - STAFF 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. In considering applications for approval under this title, the advisory boards and City Commission must consider the following criteria. As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. See the application materials for the applicant’s response to criteria and arguments in favor of approval. To reach a favorable decision on the proposed application the City Commission must find that the application meets all of criteria 1 – 4 of Chapter 5 | Plan Amendments, Review Triggers Amendments, and Amendment Criteria, page 67, Bozeman Community Plan 2020. In making these findings, they may identify that there are some negative elements within the specific criteria with the final balance being a positive outcome for approval. When an amendment to either the text of the Plan or the future land use map is requested, it must be reviewed against the criteria cited herein and listed below: 1. The proposed amendment must cure a deficiency in the growth policy or improve the growth policy to better respond to the needs of the general community; 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives; 3. The proposed amendment must be consistent with the overall intent of the growth policy; and 4. The proposed amendment may must not adversely affect the community as a whole or any significant portion thereof by: a. Significantly altering land use patterns and principles in a manner contrary to those established by this Plan, b. Requiring unmitigated improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands, c. Adversely impacting existing uses because of inadequately mitigated impacts on facilities or services, or d. Negatively affecting the health and safety of the residents. 1. The proposed amendment must cure a deficiency in the growth policy or improve the growth policy to better respond to the needs of the general community; 181 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 14 of 29 Criterion met. This criterion contains two alternate parts. A favorable finding for either part supports a positive finding. The time horizon for the BCP2020 is 20 years and the future land use map and other elements such as the city’s facility plans extend further into the future. In the words of John Heywood, “Rome wasn’t built in a day, but they were laying bricks every hour.” The plan is the city’s fundamental land-use planning document that helps the Commission determine how and where to apply limited resources in the most impactful and financially sustainable manner. The BCP2020 lists seven themes that describe the vision of the city with numerous goals and objectives designed to achieve the outcome. There is often tension between some of the goals and objectives and importance of a given goal may change over time. And, perhaps most important, these goals and objectives are dependent on one another. A key responsibility of the City Commission in implementing the BCP2020 is balancing the competing priorities that the plan must address. That balance may be adjusted over time as one issue takes greater importance. The Future Land Use Map (FLUM) for the Planning Area is an indispensable part of this Plan. It utilizes ten land use categories to illustrate and guide the intent, type of use, density, and intensity of future development. The map does not always represent existing uses but does reflect the uses that are desired. The subject area has been designated for urban density residential use since at least the adoption of the 1990 Growth Policy and shows areas for commercial development just north and south of the subject property. As shown on Map 2 and 3, commercial nodes are identified at the corners of South 19th and Stucky and Blackwood Roads totaling 327 acres. The 160-acre Community Commercial Mixed-Use property on the southwest corner of Blackwood Road and South 19th Avenue is not annexed. The Commercial Mixed-Use property on the northwest corner of Stucky Road and South 19th is annexed, and development has begun. The Plan addressed the need for additional commercial land on the southwest side of the city. The southwest side of the city has been slow to develop compared to other parts of the city, however, that has changed. The amount and scope of development occurring in the southwest quadrant is considerable. In total over 2,000 dwelling units are in the hopper. These, plus existing developments such as Meadow Creek, Southbridge, Gran Cielo, Alder Creek, Blackwood Groves, and other existing neighborhoods such as the Figgins subdivision, means the number of people residing in this area may be surpassing expectations of the BCP2020. In terms of whether the current proposal better responds to the needs of the general community and/or improves the growth policy, one primary question arises: Would the new designation 182 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 15 of 29 and associated land uses better respond to the needs of the general community and/or improve the growth policy? The applicant states the proposed modification to the FLUM responds to community needs by altering the designation from Urban Neighborhood to Community Commercial Mixed Use. A variety of zoning districts are used to implement these designations. The descriptions of the existing and requested future land use map designations follow. 1. URBAN NEIGHBORHOOD (UN) The category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. in limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. 5. COMMUNITY COMMERCIAL MIXED USE (CCMU) The Community Commercial Mixed-Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the 183 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 16 of 29 size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. The term “neighborhood commercial” is germane to the conversation. Commercial development is generally characterized as neighborhood, community, regional, or corridor commercial development. Neighborhood commercial would be smaller in scale and provides daily convenience goods and services easily accessible to the residents of the immediate area. Neighborhood commercial areas might contain a grocery store, bakery, neighborhood restaurant, drug store, gas station and convenience store, daycare, or some office space. For comparison: 1) COSTCO 16 acres 2) Target 10 acres 3) Bozeman Public Safety Center 7.9 acres 4) Safeway 5.5 acres 5) The MSU College Street B-1 (Neighborhood Commercial) area that includes four restaurants, two convenience stores, a grocery store, two coffee shops, and several personal service businesses. 4.25 acres 6) Whole Foods 4 acres 7) Town & Country east (the old Heebs) 2.1 acres Given the size of this site at 7.644 acres, large scale commercial development is unlikely unless structured parking is utilized to meet parking requirements. The College Street commercial area may be the best example of a neighborhood commercial area of those listed above. This area is accessible by residents in the vicinity without a car and provides goods and services that most people can reasonably carry a short distance. In addition, a primary determiner of a neighborhood commercial area is: “whether it feel safe and inviting for all modes of travel?” Crossing arterial and/or collector type streets can be difficult for many individuals. 184 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 17 of 29 Any decision to alter the future land use must be made knowing what zoning districts implement that designation. In this case a wide variety of zoning districts are used to implement the CCMU designation. The existing Urban Neighborhood designation focuses on residential use and if zoned REMU, allows commercial and office activities in proportion to the amount of residential. The CCMU designation is commercial in character. While residential uses are permitted by right, the mass and scale of development promotes commercial areas necessary for economic health and vibrancy including such activities as professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. As the applicant states the property is located on major streets. Population density is necessary to support neighborhood and community commercial areas. As noted in the BCP2020 the city desires simultaneous emergence of residential and commercial activity. Sufficient density of population is needed to make commercial activity viable if not dependent on the vehicle. As noted above, the area is rapidly developing and includes developments such as Nexus Point and Graf Street apartments, among others. The area is experiencing considerable residential development with more in the works. Chapter 1 | Basics, Basic Planning Precepts of the BCP discusses the principals the City used to prepare the policies, goals, objectives, land use designations, and future land use map in this Plan. See page 20. Most of these precepts relate to this and all map amendments. Five of them 185 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 18 of 29 stand out in relation to this application. These are overarching precepts above any one or several specific goals or actions. ▪ Variety in housing and employment opportunities are essential. ▪ Land use designations must respond to a broad range of factors, including infrastructure, natural, and economic constraints, other community priorities, and expectations of all affected parties concerning private development. ▪ Infill development and redevelopment should be prioritized, but incremental compact outward growth is a necessary part of the City’s growth. ▪ The needs of new and existing development coexist, and they should remain in balance; neither should overwhelm the other. ▪ The City intends to create a healthy, safe, resilient, and sustainable community by incorporating a holistic approach to the design, construction, and operation of buildings, neighborhoods, and the City as a whole. Developments should contribute to these goals and be integrated into their neighborhood and the larger community. The proposed FLUM change both furthers and hinders a variety of Community Plan goals and objectives when analyzed through the lens of responding to the needs of the general community. The applicant lists numerous goals and objectives the application furthers, listed below, and attached in the applicant submittal. When considering this application staff leans on the existence of significant commercial areas in the immediate vicinity, relatively low density of housing in the area to support corridor type commercial development, the critical need for a variety of housing, the physical barriers for multi-modal transportation to the site, and the BCP2020 shows suitable commercial nodes in the future land use map. Relevant goals and objectives to this application include the following: N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. Rationale: The Future Land Use map depicts area designated for all types of city functions. The current plan shows the location for anticipated commercial development that are in concert with the existing infrastructure to support such activities. As noted above there are approximately 327 acres of land in the vicinity designated for commercial development. While some properties are developed and some are not, little commercial development has occurred in the southwest quadrant of the City. Using the intersection of Lincoln Street and South 11th as a destination which includes Town and Country Foods, and a variety of other businesses, the development of Gran Cielo is 2 miles away and people must cross South 19th. Similarly, Meadow Creek is 2.3 miles away and Alder Creek 1.4 miles although on 186 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 19 of 29 the east side of 19th making access easier for other forms of transportation. Staff concurs with the applicant’s statement that, “According to the EPA Demographic and Real Estate Market Assessment of January 2018, a population size of 6,500 could support 128,000 square feet of commercial area. This site is the best location for the creation of a neighborhood commercial center due to its proximity to dense multi-family housing (directly across the street from a future LIHTC Project) and single household dwellings. Furthermore, it is situated along a Principal Arterial and Collector, which provides appropriate separation between commercial and residential uses. This positioning also allows for ease of access to the site from adjacent neighborhoods and all South Bozeman.” DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. Rationale: The existing zoning of R-1 and R-2 are generally not in conformance with the BCP2020. The existence of non-conforming zoning does not necessitate change, an alternate designation would be more supportive of the plan. The request is for B-2M which in turn requires this FLU amendment. Currently there is a dearth of commercial activity to meet general needs of residents on the southwest quadrant of the city. The BCP2020 shows areas for future commercial development, they are larger in area, little development has occurred, and the node on the southwest corner of Blackwood and 19th is not annexed with substantial infrastructure needs to develop. South 19th is a Major Arterial Street and Graf is a designated Collector. These two street classifications support greater development capacity. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. Rationale: The Future Land Use map depicts area designated for all types of city functions. The current plan shows the location for anticipated commercial development that are in concert with the existing infrastructure to support such activities. As noted above there are approximately 327 acres of land in the vicinity designated for commercial development. While some properties are developed and some are not, the plan anticipates the long term needs of the city by creating the framework to accommodate needs as they evolve over time. The city plans for longer than the current use. However, community needs change, and the market responds. As noted by the applicant, the argument can be made that this area is better suited for commercial development. The discussion above suggests “neighborhood commercial” flourishes 187 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 20 of 29 in a different context of being more imbedded in residential neighborhoods, does not have major impediments for all users to access, and size of development tends to be constrained. According to the Demographic and Real Estate Market Assessment, 2018 [External PDF] (EPS) report and the Bozeman 2023 Economic and Market Update [External PDF], Bozeman has an excess of commercially zoned lands for current needs. According to the BCP2020 FLUM there are two large commercially designated areas within one-half mile of the subject property that include approximately 327 acres of Community Commercial Mixed-Use lands. See section two: maps. Underutilized commercially designated areas already exist in vicinity. Conversion of additional lands from UN to CCMU may exacerbate this fact. However, there appears to be an emerging trend in Bozeman to promote dispersed commercial nodes which doesn’t negate planned area for commercial development, rather suggest larger regional commercial development nodes may not be appropriate for this area. The burden to show that the proposed growth policy is amendment is curing a deficiency or improving the growth policy to better respond to the needs of the general community lies with the applicant. The applicant provides the following argument. “Yes, this amendment results in an improved growth policy. The project site was initially designated for the Yellowstone Theological Institute, which had plans to establish a community center. However, subsequent changes in vision have led to a shift in plans for the property. At the time, the zoning and Community Plan Future Land Use Map Category considerations were not extensively explored due to ongoing planning and design efforts for the community center. Since then, a new vision has emerged, one that is better aligned with the goals of the Community Plan. The transition to Community Commercial Mixed-Use future land use represents an improved growth policy, advancing a wider range of goals and objectives. In Bozeman’s 2020 Community Plan, it states that a primary goal and strategy guiding growth is to create neighborhoods that “Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations.” Unfortunately, this has not yet been achieved under the 2020 Growth Plan for this southern area of Bozeman. The area south of Kagy lacks any significant commercial services, and certainly lacks anything that would be considered walkable for residents. In addition, existing neighborhoods are largely homogeneous regarding product type, with single households comprising a significant majority of the product type in this area. This has created a wide area of single-family subdivisions that are not dense, and a lifestyle that forces residents to solely rely on motor vehicles to reach amenities and 188 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 21 of 29 services. This being said, it should also be recognized that there is now a significant portion of multifamily being proposed/built in this area. While this is a step in the right direction, this increased density needs to be supported by simultaneously developed commercial nodes that allow residents in this area to access essential goods and services. Although City staff has recognized the need for land use patterns that enable improved walkability, the entire subject property in question was recently designated as Urban Neighborhood in the City’s 2020 Community Plan. Principles applied within this designation include integrating “urban density homes in a variety of types, shapes, sizes, and intensities.” and a “some neighborhood-serving commerce provide activity centers for community gathering and services.” While this designation was appropriate for a portion of this property, amending a portion of the site to the Community Commercial Mixed-Use growth designation will help more Community Plan goals be achieved. Principles applied within the Community Commercial Mixed- Use designation include promoting “commercial areas necessary for economic health and vibrancy.” and “located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes.” The addition of the Community Commercial Mixed-Use growth designation to a portion of this site would support the Community Plan’s goal of simultaneous emergence of commercial nodes and residential development. For the development of this site, the proposed change would allow this property to provide a neighborhood scaled commercial node that is both supported by future residents on this property and surrounding properties. Each of the following principles are captured within the goals of the Community Commercial Mixed-Use and Urban Neighborhood growth designations and REMU and B-2M zoning designations, which allow the property and these specific zoning designations to cure an existing deficiency in the 2020 Community Plan for this area of Bozeman. The list below identifies a series of goals and policies that apply to this Growth Policy Amendment. N-1.5 - Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. 189 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 22 of 29 The subject site, which is the former site of the Yellowstone Theological Institute, is centrally located on the south side, which will create a focal point and potential node along the south side of Bozeman. This area has a significant amount of residential development that is planned, under construction, and already built. By quick estimation there are over 6 thousand units that are either already built or currently in the planning stage. According to the EPA Demographic and Real Estate Market Assessment of January 2018, a population size of 6,500 could support 128,000 square feet of commercial area. This site is the best location for the creation of a neighborhood commercial center due to its proximity to dense multi-family housing (directly across the street from a future LIHTC Project) and single household dwellings. Furthermore, it is situated along a Principal Arterial and Collector, which provides appropriate separation between commercial and residential uses. This positioning also allows for ease of access to the site from adjacent neighborhoods and all South Bozeman. N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. As documented above, this project site is in close proximity to several schools. Additionally, this site is located at the intersection of two high classification roadways. The higher density residential is being built without any real access to goods or services. The result of this is more vehicle trips and more congestion in other neighborhoods. Allowing for some commercial in this area will dramatically increase the access that these neighborhoods desperately needed. This access is surrounded by a great multi-modal transportation network, so access to the site via an alternative mode of transportation is viable. With the development of this neighborhood as well as the surrounding ones to the east, one will be able to get from Main Street to the project site largely on a network of trails. N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. Actions, staff, and budgetary resources relating to neighborhood commercial develop. There is a significant amount of residential in the area and now is the right time for commercial development to follow. This site is in the best location to achieve this given its access to the existing street network, its central location within this largely residential area, and access to the existing multimodal network. DCD-1.1 Evaluate alternatives for more intensive development in proximity to high visibility corners, services, and parks. DCD-1.2 Remove regulatory barriers to infill. 190 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 23 of 29 DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. The Yellowstone Theological Institute originally subdivided this site in 2017 but it has largely been undeveloped since then. It's worth noting that the Growth Policy likely wasn't revised to include community commercial zoning in this area, largely due to the original vision for the property. However, with the change in vision, it's evident that updating the growth policy is necessary. This Growth Policy and Zone Map Amendment will allow for this vacant site to be developed. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-2.5 Identify and zone appropriate locations for neighborhood-scale commercial development. This site being centrally located on the south side in addition to being along two major roadways make it the best location for neighborhood-scale commercial development. Furthermore, the rapidly expanding multi-modal network makes this site perfect for commercial development. M-1.1 Prioritize mixed-use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. The Larger South Range Crossing II Project will offer a diverse range of housing options, including deed-restricted LIHTC housing. By strategically situating amenities and services near denser residential areas and main transportation routes, residents may find themselves relying less on personal vehicles or needing to travel far distances. This approach aims to reduce overall traffic congestion and minimize the need for extensive commuting throughout the community.” Locating commercial property is complex and beyond the scope of this report. However, the city has examined the amount needed and generally considered the most appropriate locations to serve the city needs. These locations are based on anticipated residential development, transportation corridors, existing commercial areas, adopted infrastructure plans and conformance with the community plan. Based on the analysis discussed above, staff concludes the proposed FLUM amendment responds better to the needs of the general community There is an associated zone map amendment, see application 24196 requesting B-2M zoning for the subject property. If the Commission determines the applicant did not overcome their burden of proof showing the amendment cures a deficiency in the growth policy or improves the growth policy to better respond to the needs of the general 191 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 24 of 29 community, the zone map amendment is moot. On the other hand, if the Commission finds that this condition is met, the zone map amendment may be considered. 2. The proposed amendment does not create inconsistencies within the growth policy, either between the goals and the maps or between different goals and objectives. Criterion met. Staff reviewed the growth policy goals and objective and future land use map. The proposed amendment does not create any identified significant inconsistencies within the growth policy goals or between goals and maps. See discussion for Criterion 1. However, there is concern and an acknowledgment that removing residential land from the inventory and replacing with commercial land may, depending on how the city develops, be contrary to some goals and policies of the BCP2020. All future development must demonstrate compliance with all regulatory standards addressing transportation, parks, building design, and all other standards. The standards have been crafted and adopted to implement the goals and objectives of the growth policy. Therefore, compliance with the standards will ensure this criterion is met. Properties to the west and east are designated as residential areas. Properties to the north are designated as mixed-use and commercial while lands directly to the south residential. Bozeman’s zoning districts are dynamic and generally allow a variety of uses both horizontally and vertically which, depending on the building’s configuration can be viewed as a positive or negative depending on one’s perspective. 3. The proposed amendment must be consistent with the overall intent of the growth policy. Neutral. The overall intent of the growth policy is to proactively and creatively address issues of development and change while protecting public health, safety and welfare (page 20). If approved, the proposed amendment to the future land use map will allow the site to be considered for future applications that, if approved, would allow development or further development of the site. The growth policy discusses the primary issue of “Does the City Have to Grow” and the subsequent equation, if so how, see pages 12 – 15 Bozeman Community Plan 2020. This discussion illustrates, in part, why this application is generally consistent with the overall intent of the plan. Specific goals and objectives found in Chapter 2 further this statement. The City supports development within its boundaries where municipal services can be effectively and efficiently provided. The property has been annexed and the Development Review Committee considered the application and did not find infrastructure constraints that cannot be addressed through further development review. The BCP2020 in several 192 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 25 of 29 themes encourages infill and densification of area already served with utilities. Utilities and transportation are available and being extended into the site. The change, if approved, will facilitate placement of substantial employment near increasing residential development and is adjacent to existing arterial and collector streets. The priorities found in the BCP2020 must be balanced by evolving community needs and market forces. 4. The proposed amendment will not adversely affect the community as a whole or significant portion thereof by: a) Significantly altering land use patterns and principles in a manner contrary to those established by this Plan, Criterion Met. The proposed map amendment is for a modest sized area and does not significantly alter land use patterns from those established by the plan for the city. The existing land use designation is Urban Neighborhood, and the proposed land use designation is Community Commercial Mixed Use. The former is primarily residential and the latter commercial although both allow a diverse use and allow for intensive development. As shown in the maps section, the property is surrounded by other Urban Residential area, it is not uncommon to have islands of different categories in this scale. Although there is a change in designation, Staff finds the change will not significantly alter the land use pattern contrary to the Bozeman Community Plan. As discussed in Criterion 1, the proposed amendment advances some goals and principles and hinders others, although is not contrary to the growth policy. b) Requiring unmitigated improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands, No negative impacts to other lands or the community are anticipated because of the proposed growth policy amendment. The site is located within the service boundary for municipal infrastructure and all city services are constructed and directly adjacent to the subject property. Prior to development, additional review is required. Adopted city standards will ensure essential transportation, water, sewer, and communication utilities within the site. The proposed change in future land use designation does not alter the essential layout of municipal services. The property is adjacent to arterial and collector streets. No unusual impacts on infrastructure are expected. 193 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 26 of 29 c) Adversely impact existing uses because of inadequately mitigated impacts on facilities and services, No adverse impacts have been identified at this time. The DRC considered impacts of both outcomes and found no limitations that cannot be addressed with further review. Additional review will occur during site development and mitigation of any potentially adverse impacts will be addressed at that time, as required by municipal code. This approach enables mitigation to be proportionate to the proposed development as required by law. The applicant provided analysis for the new uses which indicate that municipal services are not materially impacted by the potential change. d) Negatively affecting the health and safety of the residents. The change from primarily residential to a commercial character development will change the character of the site. However, both development types generate traffic, noise, and other impacts inherent in the presence of people. These changes will affect adjacent residents positively and negatively. These changes will occur regardless of the land use designation. What may be different is the scope of the changes. Designation of this site as Community Commercial Mixed Use, if approved, will provide more opportunity for commercial uses on the property while still allowing residential uses. The exact mix and nature will be influenced by the future decision of an implementing zoning district. If the project is designed appropriately, it can remain compatible with surrounding land uses and should not negatively affect the livability of the area or the health and safety of residents. The land use change would allow for additional opportunity for a mixed-use neighborhood with conveniently located commercial uses and employment opportunities to meet the expanding demands of the new neighborhood and growing surrounding neighborhoods in an area that is appropriate and compatible for such uses. The standards for mitigating development impacts contained in Chapter 38 of the municipal code remain in place for either designation. These have been adopted to protect health and safety and also to protect livability of the community. Therefore, staff does not find any negative affects to this criterion. APPENDIX A - PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The property is inside Bozeman city limits and is zoned low and moderate density residential (R- 1 and R-2). There is an associated zone map amendment to change the zoning to REMU and the subject property of this GPA to B-2M, see application 24196. These zoning districts are consistent 194 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 27 of 29 with the existing Urban Neighborhood future land use designation. If the Commission approves the GPA then the R-1 and R-2 zoning would not be. Adopted Growth Policy Designations: The following designations are applicable to this application. Existing designation: URBAN NEIGHBORHOOD. The category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. in limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home- based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed-use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. Proposed Designation: COMMUNITY COMMERCIAL MIXED USE The Community Commercial Mixed-Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non- automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant 195 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 28 of 29 streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. Zoning Correlation with Land Use Categories 196 24195, Staff Report for the SRX II Growth Policy Amendment (GPA) Page 29 of 29 APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US first class mail to the owners of the subject property and all owners of property located within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice on site. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on June 15 and 22, 2024. The Planning Board public hearing is scheduled for Monday, July 15, 2024. The City Commission is scheduled and advertised to conduct a public hearing on the application on Tuesday, August 6, 2024. No written public comments have been received regarding this project at this time. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: SRX II, LLC, 1450 Twin Lakes Avenue, Bozeman MT 59718 Applicant: Providence Development, 1450 Twin Lakes Avenue, Bozeman MT 59718 Report By: Tom Rogers, AICP, Senior Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. Application materials are available through the City’s website. 197 Memorandum REPORT TO:City Commission FROM:Elizabeth Cramblet, Associate Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:The South Range Crossing II Zone Map Amendment (SRX II) Requesting Amendment of the City Zoning Map to Change the Zoning on the Western Half of an Existing Site from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the Northwest Corner Containing 9.26 Acres, and B-2M (Community Business District Mixed) on the Southwest Corner Containing 9.12 Acres. The Site is Located on the East Side of South 19th Avenue Between Arnold Street and Graf Street, Application 24196. MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Consider 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 24196 and move to approve the South Range Crossing II Zone Map Amendment subject to contingencies of approval necessary to complete adoption of an implementing ordinance. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:Prior to this application, the applicant submitted an application for the entire subject site named the South Range Crossing North Zone Map Amendment, (application 23059), to rezone the eastern half of the property from R-1 and R-2 to REMU and the western half of the property from R-1 and R-2 to B-2M. At the February 6, 2024 City Commission hearing, the City Commission approved the request to rezone the eastern half of the subject site to REMU, but the City Commission was not in favor of rezoning the entire western half of the site to B-2M. At the hearing, the applicant withdrew the request to rezone the western half to B-2M with the intent of submitting a revised plan for the western half of the site under a new application. 198 This application includes a proposal to rezone the western half of an existing site into two zone districts. The applicant is requesting to rezone the northwest corner from R-1 and R-2 to REMU containing 9.26 acres; and the southeast corner from R-1 and R-2 to B-2M containing 9.12 acres. Accompanying this application is a Growth Policy Amendment (application 24195) to amend the future land use map from Urban Neighborhood to Community Commercial Mixed Use for the southwest portion of the property to allow B-2M on the site. The Growth Policy Amendment (GPA) must be approved prior to approval of the Zone Map Amendment. Should the City Commission deny the GPA for application 24195, the proposal to rezone the 9.12 acres from R-1 and R-2 to B-2M cannot be approved since the proposed zone district (B-2M) is not an allowed zone district in Urban Neighborhood. Nearby municipal zoning to the north, south, and east is REMU. West of the parcel is zoned R-4, R-5, B-2M, and PLI. The Community Development Board, acting in their capacity as the Zoning Commission, held a public hearing on July 15, 2024 to consider application 24196 to rezone the western half of an existing site from R-1 and R-2 to REMU on the northeast corner and B-2M on the southeast corner. On the same night, this application was accompanied by a Growth Policy Amendment (application 24195) to modify the the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use, which is required for the request to change the zoning on the southeast corner to B- 2M. The Community Development Board acting in their capacity as the Zoning Commission voted 5-0 to recommend approval of the requested REMU and B-2M zoning on the eastern half of the site. Video Link CDB meeting [external link]. Application materials are available through Laserfiche for Application 24196 [external link]. UNRESOLVED ISSUES:There are no identified conflicts on this application. ALTERNATIVES:1. Approve the application; 2. Approve the application with modifications to the requested zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. Attachments: 24196 SRX II ZMA CC SR.pdf 199 Report compiled on: July 31, 2024 200 Page 1 of 50 24196 Staff Report for the South Range Crossing II Zone Map Amendment Public Hearings: Community Development Board (Zoning Commission) meeting was on July 15, 2024, at 6:00 pm. City Commission meeting is on August 6, 2024, at 6:00 pm. Project Description: The South Range Crossing II Zone Map Amendment requesting amendment of the City Zoning Map to change the zoning on the western half of an existing site from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the northwest corner containing 9.26 acres, and B-2M (Community Business District- Mixed) on the southwest corner containing 9.12 acres. Proposal includes amending the western half (18.38 acres) of an existing site containing a total of 39.86 acres. Project Location: The subject site is located on the east side of South 19th Avenue between Arnold Street and Graf Street, and more thoroughly described as a Tract of land in the SW ¼ NW1/4 of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Recommendation: Meets standards for approval. Recommended Community Development Board Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24196 and move to recommend approval of the South Range Crossing II Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission Zoning Motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 24196 and move to approve the South Range Crossing II Zone Map Amendment subject to contingencies of approval necessary to complete adoption of an implementing ordinance. Report: July 23, 2024 Staff Contact: Elizabeth Cramblet, Associate Planner Agenda Item Type: Action – Legislative 201 Page 2 of 50 EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. Unresolved Issues There are no identified conflicts on this application at this time. As noted in the summary below and analysis of zoning criteria for the requested B-2M zone district, accompanying this application is a Growth Policy Amendment (GPA) application, 24195. Zoning analysis for the requested B-2M zone district is based on approval of the GPA application 24195. Project Summary Prior to this application, the applicant submitted an application for the entire subject site named the South Range Crossing North Zone Map Amendment, application 23059, to rezone the eastern half of the property from R-1 and R-2 to REMU and the western half of the property from R-1 and R-2 to B-2M. At the February 6, 2024, City Commission hearing, the City Commission approved the request to rezone the eastern half of the subject site to REMU, but the City Commission was not in favor of rezoning the entire western half of the site to B- 2M. At the hearing, the applicant withdrew the request to rezone the western half to B-2M with the intent of submitting a revised plan for the western half of the site under a new application. The application includes a proposal to rezone the western half of an existing site into two zone districts. The applicant is requesting to rezone the northwest corner from R-1 (Residential Low Density) and R-2 (Residential Moderate Density) to REMU (Residential Emphasis Mixed Use) containing 9.26 acres; and the southeast corner from R-1 and R-2 to B-2M (Community Business District-Mixed) containing 9.12 acres. Accompanying this application is a Growth Policy Amendment (application 24195) to amend the future land use map from Urban Neighborhood to Community Commercial Mixed Use for the southwest portion of the property to allow B-2M on the subject site. The Growth Policy Amendment must be approved prior to approval of the zone map amendment. Should the City Commission deny the growth policy amendment for application 24195, the proposal to rezone the 9.12 acres from R-1 and R-2 to B-2M cannot be approved since the proposed zone district (B-2M) is not an allowed zone district in Urban Neighborhood. This portion of the subject site is currently undeveloped and located on the east side of S. 19th Avenue, facing South 10th Avenue. The site sits between the extension of Arnold Street to the north and Graf Street to the south. Nearby municipal zoning to the north, south, and east is REMU (Residential Emphasis Mixed Use). West of the parcel is zoned R-4 (Residential High Density), R-5 (Residential Mixed Use High Density), B-2M (Community Business District Mixed), and PLI (Public Lands and 202 Page 3 of 50 Institutions). East and southeast is zoned R-1 (Residential Low Density) and R-2 (Residential Moderate Density). In determining whether the criteria applicable to this application are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigate possible negative impacts are incorporated in many locations in the municipal code but are principally in Chapter 38, Unified Development Code. References in the text of this report to Articles, Divisions, or in the form xx.xxx.xxx are to the Bozeman Municipal Code. Community Development Board (Zoning Commission Summary) The Community Development Board, acting in their capacity as the Zoning Commission, held a public hearing on July 15, 2024 and considered the application to modify the City Zoning Map to change the zoning on the western half of an existing site into two zone districts from R-1 (Residential Low Density) and R-2 (Residential Moderate Density) to REMU (Residential Emphasis Mixed Use) containing 9.26 acres on the northeast corner; and from R-1 and R-2 to B-2M (Community Business District-Mixed) containing 9.12 acres on the southeast corner. On the same night, this application was accompanied by a Growth Policy Amendment application (24195) to modify the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed Use, which is required for the request to change the zoning on the southeast corner to B-2M. The Community Development Board acting in their capacity as the Zoning Commission voted 5-0 to recommend approval of the requested REMU and B- 2M zoning on the eastern half of the subject site. Overall, the board members were in favor of the requested zone districts and felt the B-2M district would be beneficial to the area if the applicant decided to include commercial uses within this proposed district. Video Link for CDB meeting (External Link) Alternatives 1. Approve the application; 2. Approve the application with modifications to the requested zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing on the application, with specific direction to staff or the applicant to supply additional information or to address specific items. 203 Page 4 of 50 TABLE OF CONTENTS EXECUTIVE SUMMARY .............................................................................................. 2 Unresolved Issues ...................................................................................................... 2 Project Summary........................................................................................................ 2 Community Development Board (Zoning Commission Summary……………………...3 Alternatives................................................................................................................ 3 SECTION 1 - MAP SERIES ............................................................................................ 5 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT 12 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS .................................. 12 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ........ 13 Section 76-2-304, MCA (Zoning) Criteria (B-2M area) ............................................. 12 Section 76-2-304, MCA (Zoning) Criteria (REMU)................................................... 28 PROTEST NOTICE FOR ZONING AMENDMENTS ................................................... 44 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND ........... 45 APPENDIX B - NOTICING AND PUBLIC COMMENT............................................... 46 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................ 46 APPENDIX D - PROJECT GROWTH POLICY AND PROPOSED ZONING ................ 48 APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF ........................ 49 FISCAL EFFECTS ........................................................................................................ 50 ATTACHMENTS ......................................................................................................... 50 204 Page 5 of 50 SECTION 1 - MAP SERIES Figure 1: Project Vicinity Map (2023image) Project Site S 19th Avenue 205 Page 6 of 50 Figure 2: Future Land Use Designations Urban Neighborhood Community Commercial Mixed Use Residential Mixed Use Public Institutions Project Site 206 Page 7 of 50 Figure 3: Applicant Proposed Future Land Use Designation Community Commercial Mixed Use Community Commercial Mixed Use 207 Page 8 of 50 Figure 4: Current Zoning Map Subject Property REMU R-1 B- 2M R-4 PLI 208 Page 9 of 50 Figure 5: Applicant Proposed Zoning Map B-2M REMU REMU R-4 B- 2M PLI 209 Page 10 of 50 Figure 6: Map of Current Planning Projects The Flats @ BZN The Bootes SP SRX Site Plan SRX ZMA The Cottages @ Bzn Aaker Phase PP Jarrett PP Cottages @ Blackwood Groves Gran Cielo II Buffalo Run Gran Cielo MSP Alpenglo w Apts. Graf Site Plan 210 Page 11 of 50 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the city to complete the process of the proposed amendment. These contingencies only apply in the event that the related annexation request has previously been approved. Recommended Contingencies of Approval: 1. That the future land use amendment, application 24195, be approved by the City Commission and the implementing resolution adopted. 2. That all documents and exhibits necessary to establish an initial municipal zoning designations of REMU and B-2M shall be identified as the “South Range Crossing II Zone Map Amendment.” All required documents must be returned to the City within 60 days of the City Commission action to annex the property or the preliminary approval shall be null and void. 3. That the applicant must submit a Zone Amendment map, titled “South Range Crossing II Zone Map Amendment”. The map must be supplied as a PDF. This map must be acceptable to the City Engineer’s Office and must be submitted within 60 days of the action to approve the zone map amendment. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way or street easements, and the individual zoning districts, and total acreage of the property to be rezoned, unless the property to be rezoned can be entirely described by reference to existing platted properties or certificates of survey. 4. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description for each zoning district prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Zone Map Amendment Having considered the criteria established for a zone map amendment, the Staff recommends approval as submitted, contingent on approval of application 24195 to amend the future land use map. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Zoning Commission will hold a public hearing on this ZMA on July 15, 2024, and will forward a recommendation to the Commission on the Zone Map amendment. The meeting will begin at 6 p.m. Instructions on joining the meeting electronically will be included on the meeting agenda. The City Commission will hold a public hearing on the zone map amendment on August 6, 2024. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting will begin at 6 p.m. 211 Page 12 of 50 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision o f transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of plans and regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. For information about how the code as a whole applies, examples of specific code sections and the timing of future application is provided as part of the analysis below. They are presented in table format. Analysis belo w addresses each of the requested districts in sequential order. B2-M is evaluated first. Staff analysis of REMU follows the analysis for B-2M. Section 76-2-304, MCA (Zoning) Criteria (B-2M) A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” 212 Page 13 of 50 “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the annexed area of the city and where there is anticipated development within the city as discussed below. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood, however, accompanying this application is a Growth Policy Amendment application, 24195 which includes a proposal to change the future land use map on the southwest corner from Urban Neighborhood to Community Commercial Mixed Use (see Figure 3 under Map Series pg. 7). The findings in this criterion are based on the presumption of a favorable decision on the amendment to the future land use map. If the future land use map is not approved, then the zone map amendment is not in conformance with the growth policy as B-2M is not an implementing zoning district for the Urban Neighborhood land use category. The Community Commercial Mixed Use designation description reads: “The Community Commercial Mixed-Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be h igher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale are to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passerby. These smaller centers support and help give identity to neighborhoods by providing a visible and district focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” 213 Page 14 of 50 The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table the B-2M district is an implementing district of the Community Commercial Mixed-Use category. It is not an implementing district of the Urban Neighborhood category. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth po licy have not been identified. The Short-Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the city implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the city may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The applicant suggests numerous goals and objectives that are broadly served with this application. Staff is in general agreement with the list but notes some goals and objectives are only marginally promoted by the application. These include: Goal N-1: Support well-planned, walkable neighborhoods. 214 Page 15 of 50 N-1.3 Revise the zoning map to lessen areas exclusively zoned for single -type housing. The intent of the B-2M community business district mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi- household residential as a secondary use. Design standards emphasizing pedestrian- oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The applicant further suggests “the B-2M zoning would allow for a significant increase in the number of units that could take the shape of a variety of product types. B-2M allows for a range of residential housing types primarily based in the multifamily realm.” N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. The site is currently zoned for low density residential uses. The proposal to rezone to B- 2M would allow a range of commercial uses and as a secondary use, high density housing. The subject site is located in the south central side of the city which has seen tremendous residential growth over the last five to six years that include apartment buildings, condominiums/townhomes, and single-household homes. Additionally, there are a number of residential projects in the preliminary planning stages (currently being reviewed) and projects recently approved yet to be constructed as shown in the Map Series-Figure 6 above. The site is bordered by South 19th Avenue on the west (a designated Primary Arterial) and Graf Street on the south (a designated collector street) according to the Bozeman Area Transportation Plan, 2017. Additionally, Arnold Street and South 15th Avenue will be constructed to a local street standard prior to any development which further improving access to the site. The applicant feels there is ample future and existing residential to support community commercial by stating “This area has a significant amount of residential that is planned, under construction, and already built. By quick estimations, there are over 6 thousand units built or going through the planning process. According to the EPS Demographic and Real Estate Market Assessment of January 2018, a population size of 6,500 could support 128,000 square feet of commercial area. This site is the best location for the creation of this neighborhood commercial center and B-2M and REMU are the best zoning designations to help promote this commercial node.” The applicant is correct in that a substantial number of residential units are in various planning stages, however, new development is spread out in the south side region and it 215 Page 16 of 50 will take several years to really see the impact of this new development. Careful placement of commercial nodes is critical to ensure their success. The future land use map depicts areas suitable for commercial development with implementing zone districts to provide these services. Making adjustments to this map requires careful consideration to ensure compliance with the City’s long range growth policy in the Bozeman Community Plan 2020. N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. The applicant states “this project site is in close proximity to several schools. Additionally, this site is located at the intersection of two high classification roadways. Finally, the multimodal network in this area is rapidly expanding and will be further expanded by any future development. This project site is in the perfect location for creating a commercial hub on the south side of Bozeman.” N-2.3 Investigate and encourage development of commerce concurrent with, or soon after, residential development. The B-2M district promotes the development of commercial nodes and supports higher intensity residential uses. The applicant further suggests “there is a significant amount of residential in the area and now is the right time for commercial development to follow. This site is in the best location to achieve this given its access to the existing street network.” Goal DCD-2: Encourage growth throughout the city, while enhancing the pattern of community development oriented on centers of employment and activity. Support an increase in development intensity within developed areas. DCD-1.5 Identify zone appropriate locations for neighborhood-scale commercial development. DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. The B-2M district supports higher density and mixed-use developments at the neighborhood scale. The property highlighted in this application is located adjacent to 19th Avenue and Graf Street, designated a primary arterial and collector street. Both would be considered main corridors. The applicant agrees with this and argues that since 19th Avenue is “a main corridor through town, placing B-2M next to it meets this community plan goal. Additionally, Graf Street is a collector street which is also planned to carry a large percentage of traffic. These two major corridors make the perfect location for placing commercial and high density residential.” M-1.1 Prioritize mixed use land use patterns. Encourage and enable the development of housing, jobs, and services in close proximity to one another. 216 Page 17 of 50 The B-2M district is designed as a mixed-use district. Development that is consistent with the B-2M intent and permitted uses encourage development to be built at densities that support multimodal transportation and adjacency of housing, jobs, and services. Staff concurs with a number of these identified goals and objectives. 19 th Avenue is a designated Primary Arterial and Graf Street is a designated collector street that could serve a business district. The intent of the B-2M district is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. Substantial residential development is occurring south of Stucky on the east and west sides of 19th Avenue. Existing commercial within a quarter mile of the subject site is located at the southwest corner of South 19th Avenue and Stucky Road located within the county. A half mile of the subject site is an additional commercial area and a deli located on the south side of Kagy Boulevard and S. 11th Avenue, and a Town and Country grocery store with some other local shops and restaurants north of Kagy on 11th Avenue. About a mile out is additional commercial with restaurants along Kagy Boulevard east of 3rd Avenue. While there are some nearby commercial shops within a half mile of the site, additional commercial may be warranted given the number of new residential units in various stages of development in this south side region. B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change from R-1 & R-2 to B-2M is not likely to adversely impact safety from fire and other dangers. The on-going relocation of First Station 2 to Kagy will place emergency services closer with shorter response times than currently exist. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.400.010 Streets, general Access for emergency services Transportation Master Plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 217 Page 18 of 50 C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 4, Criterion A shows advancement of the well- being of the community as a whole. See also Criterion B. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit 218 Page 19 of 50 D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4, Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long-range facility Plans, the City’s capital improvements program, and development standards adopted by the City. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site.” The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. See page 19 of the BCP 2020 for a listing. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction . The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. The 2025-2029 CIP [External Link] shows transportation system expansion projects on Kagy Blvd and Stucky Road that will improve all mode transportation system capacity in the area. Development consistent with City standards will improve connectivity of sidewalks to Blackwood Groves development. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Because this application is accompanied by a growth policy amendment application to allow for commercial mixed use on the site, additional information was required by the applicant to determine future water demand, sewer capacity, and traffic demand. Trip generation projections were submitted for the proposed B-2M and REMU sites based on the proposed land use densities. The 2017 Bozeman Transportation Master Plan (TMP) 2017 provides roadway capacities and expected 2040 volumes for roadways throughout the city. Many roadway projects have been completed as part of the CIP 219 Page 20 of 50 program. The proposed change in zoning from R-1 and R-2 to B-2M and REMU is expected to result in a large increase in traffic demand, but it is not anticipated to exceed roadway capacities according to the traffic technical report submitted by an engineer working with the applicant. This report is currently being reviewed by city staff. Water and sewer technical memos were submitted providing the maximum water demand plus fire flow and peak hour water demand associated with the proposed zoning. A peak hour sanitary flow rate associated with the proposed zoning was submitted for evaluation as well. Engineering staff as indicated from a preliminary review of the water and sewer calculations within the reports submitted by the applicant, there appears to be sufficient water and sewer capacity for the proposed zone change. Additional technical information will be included in all analysis when considering development applications. All future construction must extend services in conjunction with subdivision and site development. Those extensions must meet current standards and will advance this standard. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Sewer collection facilities plan, Water facilities plan Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 220 Page 21 of 50 E. Reasonable provision of adequate light and air. Criterion met. The B-2M district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. Any future development of the property will be required to conform to City standards for setbacks, height, lot coverage, and buffering. The criterion is not about personal preferences but about protection of public health and safety. The adopted standards address protection of public health and safety. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. Municipal Code Section and Title Subject Related Documents When standard is applied 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.520.060 On-site residential and commercial open space Private land open area requirements Site plan F. The effect on motorized and non-motorized transportation systems. Criterion met. Potential future development within a zoning district of B-2M will affect the City’s motorized and non-motorized transportation system with increased traffic and vehicle trips along South 19th Avenue and Graf Street. Staff agrees with the applicant’s statement that “This property is uniquely situated in that it is already served by two high classification roadways. Future development of the property will be required to comply with 221 Page 22 of 50 transportation-related standards and be examined for impacts on surrounding streets, intersections, and sidewalks. Any future development of the property will likely require a Traffic Impact Study to gauge the potential impacts of future development.” The proposed zoning will allow for a higher density of uses than is currently allowed under R-1 and R-2 zoning districts. The City’s transportation plan is used to evaluate transportation needs over the long term throughout the City and will evaluate impacts of motorized vehicles along with bikes and pedestrians. The parks and trails plans also examine and specify options for extensions of the existing trail network through this site. Future site development will examine impacts in greater detail on the transportation network, parks, and trails system, and municipal facilities when specific construction has been identified. Furthermore, these future development reviews will ensure that development under the new zoning will comply with the City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite circulation. Traffic impacts will be studied by the development team to demonstrate compliance with the City’s long-range transportation plans. Future project development will ensure compliance with the acceptable traffic limits identified in the transportation plans, as well as provide for the dedication of rights of way, construction or reconstruction of streets and trails, payment of impact fees, and other contributions as will be applicable to this project. As previously mentioned, The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new developmen t. The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. The 2025-2029 CIP [External link] shows transportation system expansion projects on Kagy Blvd and Stucky Road that will improve all mode transportation capacity in the area. Development consistent with City standards will add/improve connectivity of sidewalks to SRX South development and the Blackwood Groves development. Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will have a minimal effect on required road improvements, pedestrian or bicycle f acilities, or similar compliance with standards. The site is adjacent to one primary arterial (19th Avenue) and one collector street (Graf Street), both of which have capacity to carry additional traffic. 222 Page 23 of 50 Municipal Code Section and Title Subject Related Documents When standard is applied 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.420.110 Recreation Pathways Location and requirement to install. Park, Recreation, and Active Transportation Plan Annexation for Class 1 Trails easement. Subdivision or site plan for all else. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the property as Urban Neighborhood in the BCP 2020. As previously mentioned, accompanying this application is a Growth Policy Amendment (application (24195) to amend the future land use map from Urban Neighborhood to Community Commercial Mixed Use on the western half of the lot. The Community Commercial Mixed-Use designation correlates with several zoning districts including the B-2M district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City and provide for public and quasi-public uses outside of other districts as identified on the future land use map. Based on the proposed land use map designation in the Growth Policy Amendment (application 24195) and correlated zoning districts in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. The applicant provides additional support by stating “the proposed GPA to re-designate a portion of the property to Community Commercial Mixed Use would allow for the zoning of B-2M. The growth policy supports development that provides a range of housing options to 223 Page 24 of 50 meet the needs of residents. The growing demand for housing suggests the proposed REMU and B-2M zoning districts are appropriate to facilitate higher densities and variety in housing options in proximity to commercial areas. Furthermore, the proximity to h igh classification roadways and being centrally located makes this an ideal location for a mixed-use development. Future development on the project site must conform to the City’s zoning standards, such as setbacks, building heights, and parking requiremen ts, to ensure compatibility of uses.” The intent of the B-2M community business district-mixed zone is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian -oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. Looking out about a mile around the subject site illustrates a great deal of new development and growth in addition to existing development from the last 10 years. A majority of existing residential units are between one half to one mile east and south of the subject site. Approximately 2,000 new units are being proposed north, east and south of the subject site. The Cottages at Bozeman that will construct cottage rental units lies north of the site, and south is the applicant’s other proposal for South Range Crossing where rental and sale units are being proposed. East of the subject site is the recently approved Jarrett Zone Map Amendment for R-2 zoning to include townhouses and single-household homes, and directly west across 19th Avenue are apartment homes in various stages. Discussed in a separate staff report the applicant is proposing REMU (Residential Emphasis Mixed Use) on the eastern side of the subject site where a variety of housing types will be proposed in a subsequent application. Providing additional housing and neighborhood commercial services will help serve a growing student and staff population at Montana State University which lies within a mile of the subject site. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 224 Page 25 of 50 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit H. Character of the district. Neutral. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. This is especially true when applying zoning to undeveloped areas as any new construction will alter the physical characteristics of the area. The city has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” Community business district-mixed (B-2M) 1. The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the 225 Page 26 of 50 immediate area and the broader trade area and encourages the integration of multi- household residential as a secondary use. Design standards emphasizing pedestrian- oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed B-2M district to be compatible with the proposed adjacent mixed use district, where both will help serve the expanding residential development within this southern region of the city. The proposed zone district allows the applicant to construct a variety of commercial-sized buildings including large scale commercial as well as some secondary residential uses like townhomes and apartment buildings. A majority of the existing uses within a mile of the subject site are residential with small pockets of neighborhood commercial and recreational uses that include medical offices, indoor recreation, retail and office space, and small grocery. Uses allowed in the B-2M district do expand beyond what is existing, however, this brings an opportunity to allow much needed new uses that could serve this southern region. The site is separated from adjacent properties by public right of way for Graf, S 19 th, and Arnold. The applicant owns the property immediately to the east that is proposed to be zoned as REMU and which will be separated from the adjacent ownership by 15th Ave. There is physical separation from all adjacent owners. The Bozeman Community Plan 2020 on pages 76-77 says in part “Nothing in the zoning amendment or site review criteria requires the Commission restrict one owner because an adjacent owner chooses to not use all zoning potential.” The adjacent Alder Creek development is a mix of single and two home dwellings. It is not inconsistent with the character of the district to allow the same latitude to the land subject to the application. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines Site plan and building permit 226 Page 27 of 50 for Historic Preservation 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit I. Peculiar suitability for particular uses. Criterion met. Future uses for construction on the site are not finalized at this time, so the suitability of the site for particular uses is not easily evaluated. All uses allowed in the B-2M district must the considered. The subject site is accessed by South 19th Avenue and Graf Street which are designated principal arterial and collector streets allowing for easy access to the project site. The property has access to water lines and sewer extensions along South 19th Avenue and Graf Street and is currently served by the City of Bozeman Police and Fire Departments. Considering this, the streets serving the project site, existing city services and land uses in the immediate area, the proposed B-2M district could offer uses not that are needed in this region. The applicant states “The proposed REMU and B-2M zoning districts are directly adjacent to existing REMU zoned lots north , south, and east making the suitability quite large. Additionally, there are several other parcels in the general vicinity zoned either R-3 or R-4. The allowed uses in these zoning districts are largely the same. This creates a condition with large areas of residential uses, without commercial nearby. Allowing the development of a commercial node in this area would alleviate vehicular traffic on local roadways by providing residents of this area with walkable community assets .” As shown in Figures 4 & 5, the property is bounded by REMU to the north, south and east, and R-3, R-4 and R-O to the west and R-2 to the west. The B-2M district can support many types of urban development that are likely to serve the immediate area as a result of its location and proximity to residential areas all around the site. Final determination of suitability will occur during the site development process. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.600 Natural Resource Protection Protect watercourses and wetlands FEMA Floodplain study Subdivision, site plan review, building permit 227 Page 28 of 50 J. Conserving the value of buildings. Neutral. The subject site is currently undeveloped. The proposed amendment is for the zoning map and does not alter allowed uses on adjacent properties. The nearest developed areas are either separated by S. 19th Avenue or other right of way or over 450 feet away. The amendment does not modify the existing standards of the B-2M district. The B-2M zone allows both commercial and residential uses. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building and lot values as the permitted uses allowed in the B-2M district will be appropriate to the surrounding character of the district. K. Encourage the most appropriate use of land throughout the jurisdictional area. Neutral. The Future land use map has this site designated as Urban Neighborhood which does not allow B-2M as an implementing zone district. As previously mentioned, this analysis is based on the assumption that the GPA application (24195) is approved to change the land use designation for the western half of the lot from Urban Neighborhood to Community Commercial Mixed Use which includes B-2M as an implementing zone district. The location of this site with access to an existing primary arterial and collector street, with existing utilities nearby has the opportunity to offer expanded services to a growing region of residential development in this south side region of the city. The applicant argues “There is a growing demand for housing in the city, and the while the proposed zoning designation provide for a variety of housing options to meet this need, the GPA will also address the need for the development of a commercial node to support these residential uses. The B-2M district will allow for more focused and significant development to serve both the future residents of this property and the surrounding communities as well. The need for this commercial node is ever present on the south side of Bozeman and this central location will allow visitors to frequent the site from any mode of transportation.” As this analysis is based on the possible approval of the growth policy amendment, if the amendment is not approved this criterion is not met. The future land use map from the growth policy establishes the basic determination of appropriate use of land. Section 76-2-304, MCA (Zoning) Criteria (REMU) A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. 228 Page 29 of 50 Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the annexed area of the city and where there is anticipated development within the City as discussed below. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Urban Neighborhood. The Urban Neighborhood designation description reads: “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed- use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table the REMU district is an implementing district of the Urban Neighborhood category. 229 Page 30 of 50 Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy have not been identified. The Short Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the city implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the city may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even w ithin already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. The applicant states the proposed zone change is in accordance with the Growth Policy by stating, “The intent of the REMU designation is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood.” Both the REMU and B-2M are necessary to achieve the goals of the development in providing services to local neighborhoods and regional residents that are currently driving across town for services from the south-side neighborhoods.” Staff concurs with the applicant regarding the intent and purpose of the REMU district to provide a vibrant mixed-use district to allow a variety of housing types and neighborhood services where appropriate. These purposes are accomplished by a variety of objectives that 230 Page 31 of 50 are detailed in Appendix C of this report. The applicant continues to suggest numerous goals and objectives that are broadly served with this application. Staff is in general agreement with the list. These include: Goal N-1: Support well-planned, walkable neighborhoods. N-1.3 Revise the zoning map to lessen areas exclusively zoned for single -type housing. Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The applicant further states “The intent of the Urban Neighborhood designation is to allow for a variety of types, shapes, sizes and intensity of homes. Furthermore, the Commu8nity Plan states that large areas of single types of housing are discouraged. The REMU zoning would allow for a significant increase in the number of units that could take the shape of a variety of product types.” The proposed change replaces an area of primarily low density residential with a broader range of allowed residential and other uses. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services within new development. Goal N-2: Pursue simultaneous emergence of commercial nodes and residential development through diverse mechanisms in appropriate locations. N-1.9 Ensure multimodal connections between adjacent developments. N-2.1 Ensure the zoning map identifies locations for neighborhood and community commercial nodes early in the development process. The site is currently zoned for low density residential uses. The proposal to rezone to REMU would allow a variety of high density housing with a small amount of neighborhood commercial where appropriate. The subject site is located in the south central side of the city which has seen tremendous residential growth over the last five to six years that include apartment buildings, condominiums/townhomes, and single family homes. Additionally, there are a number of residential projects in the preliminary planning stages (currently being reviewed) and projects recently approved yet to be constructed as shown in the Map Series- Figure 6 above. The site is bordered by South 19th Avenue on the west (a designated Primary Arterial) and Graf Street on the south (a designated collector street) according to the Bozeman Area Transportation Plan, 2017. Additionally, Arnold Street and South 15th Avenue will be constructed to a local street standard prior to any development further improving access to the site. The applicant states “This area has a significant amount of residential that is planned, under construction, and already built. By quick estimations, there are over 6 thousand units built or going through the planning process. According to the EPS Demographic and Real Estate Market Assessment of January 2018, a population size of 6,500 could support 128,000 square feet of commercial area. This site is the best location for the creation of 231 Page 32 of 50 this neighborhood commercial center and B-2M and REMU are the best zoning designations to help promote this commercial node.” The applicant is correct in that a substantial amount of residential units are in various planning and construction stages, however, new development is spread out in the south side region that will take several years to really see the impact of this new development. Careful placement of commercial nodes is critical to ensure their success. The future land use map depicts areas suitable for commercial development with implementing zone districts to provide these services. Making adjustments to this map requires careful consideration to ensure compliance with the City’s long range growth policy in the Bozeman Community Plan 2020. This element of the zoning amendment address REMU which provides for local service type non-residential uses. N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. The subject site is just over a half mile from Morningstar Elementary and Sacajawea Middle School and approximately ½ to 1 mile from existing commercial and retail services. The applicant argues “Additionally, this site is located at the intersection of two high classification roadways…. the multimodal network in this area is rapidly expanding and will be further expanded by any future development.” Goal N-3: Promote a diverse supply of quality housing units. N-3.1 Establish standards for provisions of diversity of housing types in a given area. The applicant argues “The REMU district allows for the construction of a full range of residential buildings. This supports the opportunity for diversity of supply. Quality of housing will be assessed and assured during subsequent development review for compliance with both the UDC and the adopted building codes. Furthermore, the surrounding area shows the diverse nature of building products in the area.” N-3.8 Promote the development of “Missing Middle” housing (side by side or stacked duplex, triplex, live-work, cottage housing, group living, rowhouses/townhouses, etc.) as one of the most critical components of affordable housing. The applicant states “The proposed REMU zoning is in alignment with the goals of development for the “missing middle” housing by allowing higher densities and a more diverse array of housing types than what is currently allowed in the R-1 and R-2 zoning districts. Multi-household dwellings, such as apartments, two-and three-household dwellings and townhouses/rowhouses, are permitted uses within the proposed zoning district. Allowing these extra housing types will hopefully allow for the creation of smaller units which in theory could help meet this missing middle demand.” Staff concurs with a number of these identified goals and objectives. 19th Avenue is a designated Primary Arterial and Graf Street is a designated collector street that could serve a high density mixed-use district. The intent of the REMU district is to establish areas within Bozeman that are mixed use in character and to provide options for a variety of housing, 232 Page 33 of 50 employment, retail and neighborhood service opportunities within a new or existing neighborhood. While this is a newly developing area, there is substantial new and existing development south of Stucky on the east and west side of 19th Avenue. B. Secure safety from fire and other dangers. Criterion met. The undeveloped subject property is currently served by City of Bozeman Fire and Police Departments. Future development of the property will be required to conform to all City of Bozeman public safety, building and land use requirements, which will ensure this criterion is met. The change from R-1 & R-2 to REMU is not likely to adversely impact safety from fire and other dangers. The on-going relocation of First Station 2 to Kagy will place emergency services closer with shorter response times than currently exist. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.400.010 Streets, general Access for emergency services Transportation Master Plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. Compliance with the BCP 2020 as described in Section 4, Criterion A shows advancement of the well- being of the community as a whole. See also Criterion B. 233 Page 34 of 50 Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit D. Facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements. Criterion met. The BCP 2020, page 74, says the following regarding evaluation of Section 4, Criteria B, C, & D for zoning amendments: “For a map amendment, all three of the above elements are addressed primarily by the City’s long-range facility Plans, the City’s capital improvements program, and development standards adopted by the city. The standards set minimum sizing and flow requirements, require dedication of parks, provision of right of way for people and vehicles, keep development out of floodplains, and other items to address public safety, etc. It is often difficult to assess these issues in detail on a specific site.” The city conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the city. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service 234 Page 35 of 50 to new development. See page 19 of the BCP 2020 for a listing. The city implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with stan dards prior to construction. The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. The 2025-2029 CIP [External Link] shows transportation system expansion projects on Kagy Blvd and Stucky Road that will improve all mode transportation system capacity in the area. Development consistent with City standards will improve connectivity of sidewalks to adjacent residential districts such as Blackwood Groves. As stated in 38.300.020.C, the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Sewer collection facilities plan, Water facilities plan Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 235 Page 36 of 50 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review E. Reasonable provision of adequate light and air. Criterion met. The REMU district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. Any future and existing development of the property is required to conform to City standards for setbacks, height, lot coverage, and buffering. The criterion is not about personal preferences but about protection of public health and safety. The adopted standards address protection of public health and safety. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. Municipal Code Section and Title Subject Related Documents When standard is applied 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.520.060 On-site residential and Private land open area requirements Site plan 236 Page 37 of 50 commercial open space F. The effect on motorized and non-motorized transportation systems. Criterion met. Potential future development within a zoning district of REMU will affect the City’s motorized and non-motorized transportation system with increased traffic and vehicle trips along South 19th Avenue and Graf Street. Staff agrees with the applicant’s statement that “This property is uniquely situated in that it is already served by two high classification roadways. Future development of the property will be required to comply with transportation- related standards and be examined for impacts on surrounding streets, intersections, and sidewalks. Any future development of the property will likely require a Traffic Impact Study to gauge the potential impacts of future development.” The proposed zoning will allow for a higher density of uses than is currently allowed under R-1 and R-2 zoning districts. The City’s transportation plan is used to evaluate transportation needs over the long term throughout the City and will evaluate impacts of motorized vehicles along with bikes and pedestrians. The parks and trails plans also examine and specify options for extensions of the existing trail network through this site. Future site development will examine impacts in greater detail on the transportation network, parks, and trails system, and municipal facilities when specific construction has been identified. Furthermore, these future development reviews will ensure that development under the new zoning will comply with the City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite circulation. Traffic impacts will be studied by the development team to demonstrate compliance with the City’s long-range transportation plans. Future project development will ensure compliance with the acceptable traffic limits identified in the transportation plans, as well as provide for the dedication of rights of way, construction or reconstruction of streets and trails, payment of impact fees, and other contributions as will be applicable to this project. Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will have a minimal effect on required road improvements, pedestrian or bicycle facilities, or similar compliance with standards. The site is adjacent to one primary arterial (19th Avenue) and one collector street (Graf Street), both of which have capacity to carry additional traffic. In addition, Arnold Street and South 15th Avenue will be constructed to a local street standard prior to any development which will further improve access to the site. 237 Page 38 of 50 Municipal Code Section and Title Subject Related Documents When standard is applied 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.420.110 Recreation Pathways Location and requirement to install. Park, Recreation, and Active Transportation Plan Annexation for Class 1 Trails easement. Subdivision or site plan for all else. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the city through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the property as Urban Neighborhood in the BCP 2020. The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. The surrounding area is growing rapidly with a variety of new housing types. Use of this mixed- use zone is appropriate for areas adjacent to a variety of land uses and can stand alone to develop its own neighborhood character. Surrounding zoning includes medium to high density residential, and adjacent REMU districts to the north and south as shown in Section 1. The proposed zoning is in accordance with the Bozeman Community Plan’s future land use designation of Urban Neighborhood. The applicant provides additional support by stating “The growth policy supports development that provides a range of housing options to meet the needs of residents. The growing demand for housing suggests the proposed REMU zoning district is appropriate to facilitate higher densities and a variety in housing options in proximity to commercial areas. Furthermore, the proximity to high classification roadways and being centrally located makes this an 238 Page 39 of 50 ideal location for a mixed-use development. Future development on the project site must conform to the City’s zoning standards, such as setbacks, building heights, and parking requirements, to ensure compatibility of uses. The UDC defines compatible urban growth to not require uniformity in order to ensure compatibility. Furthermore, the City’s zoning ordinance defines the uses and development standard associated for proposed development under the auspices of each zoning. The proposed REMU district includes a range of uses that are appropriate and compatible with the surrounding neighborhoods.” Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit H. Character of the district. Criterion met. The intent of the REMU zoning district is to“…establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood.” Described in Appendix C below the district employs nine aspirational statements to encourage developers to design and construct developments that meet the intent and purpose of the district. 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 239 Page 40 of 50 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short- term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of f easible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as 240 Page 41 of 50 the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design: Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types.” The REMU district allows for a wide variety of housing types, similar to the moderate and high density residential districts nearby. The REMU zoning designation is present to the north and south of the property. The REMU district also allows for commercial use as described in Table 38.310.040A and B [External Link]. Retail uses are limited in size (as proportion of the master planned site) and noted in the table, with the exception of hotels which can go up to 40,000 square feet. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. This is especially true when applying zoning to undeveloped areas as any new construction will alter the physical characteristics of the area. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the City's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and 241 Page 42 of 50 integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed REMU district to be compatible with the proposed adjacent development to the north, east, west and south, and will help serve the expanding residential development within this southern region of the city. A majority of the existing uses within a mile of the subject site are residential with small pockets of neighborhood commercial and recreational uses that include medical offices, indoor recreation, retail and office space, and small grocery. Uses allowed in the REMU district allow for additional small scale commercial with high density residential that will serve this southern region of the city. The proposed zone map amendment is compatible and in harmony with the surrounding area considering the surrounding zone districts and variety of possible uses. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit 242 Page 43 of 50 I. Peculiar suitability for particular uses. Criterion met. Sites north, east and south of the subject site are currently in the preliminary planning stages or will be under construction in the near future, so the suitability of the site for particular uses is not easily evaluated. Part of the evaluation is based on submitted proposals and existing uses surrounding the site along with evaluating existing infrastructure to determine needs for future development. The subject site is accessed by South 19th Avenue and Graf Street which are designated principal arterial and collector streets allowing for easy access to the project site. The property has access to water lines and sewer extensions along South 19th Avenue and Graf Street and is currently served by the City of Bozeman Police and Fire Departments. Considering this, the streets serving the project site, existing city services and land uses in the immediate area, the proposed REMU district could offer uses that are needed in this region. The applicant states “The proposed REMU and B-2M zoning districts are directly adjacent to existing REMU zoned lots to both the north, south, and east making the suitability quite large. Additionally, there are several other parcels in the general vicinity zoned either R-3 or R-4. The allowed uses in these zoning districts are largely the same. This creates a condition with large areas of residential uses, without commercial nearby. Allowing the development of a commercial node in this area would alleviate vehicular traffic on local roadways by providing residents of this area with walkable community assets.” As shown in Figures 4 & 5, the property is bounded by REMU to the north, south and east, R-3, R-4 and R-O to the west and R-2 to the west. The REMU district can support many types of urban development that are likely to serve the immediate area as a result of its location and proximity to residential areas all around the site. Final determination of suitability will occur during the site development process. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.600 Natural Resource Protection Protect watercourses and wetlands FEMA Floodplain study Subdivision, site plan review, building permit J. Conserving the value of buildings. Neutral. The subject site is currently undeveloped. The proposed amendment is for the zoning map and does not alter allowed uses on adjacent properties. The nearest developed areas are either separated by S. 19th Avenue or are over 450 feet away. The amendment does not modify 243 Page 44 of 50 the existing standards of the REMU district. The REMU zone allows primarily residential uses with accessory commercial uses. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building and lot values as the permitted uses allowed in the REMU district will be appropriate to the surrounding character of the district. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. The Future land use map has this site designated as Urban Neighborhood which lists REMU as an implementing zone district. The location of this site with access to an existing primary arterial and collector street with existing utilities nearby has the opportunity to offer expanded services to a growing region of residential development in this south side region of the city. The applicant argues “There is a growing demand for housing in the city, and...the proposed zoning designation will provide for a variety of housing options to meet this need.” PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) state the writing is a “protest”, rather than merely expressing opposition; contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) include the application number and contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. 244 Page 45 of 50 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND A zone map amendment requesting amendment of the City Zoning Map for a parcel consisting of approximately 39.86 acres into two zone districts, from R-1 and R-2 into REMU on the northwest corner of the property and B-2M on the southwest corner of the property. Accompanying this application is a Growth Policy Amendment (application 24195) to amend the future land use map from Urban Neighborhood to Community Commercial Mixed Use for the southwest portion of the property to allow B-2M on the subject site. The Growth Policy Amendment must be approved prior to approval of the zone map amendment. Should the City Commission deny the growth policy amendment for application 24195, the proposal to rezone the 9.12 acres from R-1 and R- 2 to B-2M cannot be approved since the proposed zone district (B-2M) is not an allowed zone district in Urban Neighborhood. The subject site is located at the intersection of South 19th Avenue and Graf Street. South 19th Avenue lies to the west of the site and Graf is directly south of the site. The site is within proximity of other residential communities including Gran Cielo, Homestead at Buffalo Run, Meadow Creek, Southbridge, Alder Creek, South Range Crossing, Allison Subdivision, South University District and Blackwood Groves. The existing and future residential communities offer a wide variety of housing options both rental and for sale. Prior to this application, the applicant submitted an application for the entire subject site named the South Range Crossing North Zone Map Amendment, application 23059, to rezone the eastern half of the property from R-1 and R-2 to REMU and the western half of the property from R-1 and R-2 to B-2M. At the February 6, 2024, City Commission hearing, the City Commission approved the request to rezone the eastern half of the subject site to REMU, but the City Commission was not in favor of rezoning the entire western half of the site to B-2M. At the hearing, the applicant withdrew the request to rezone the western half to B-2M with the intent of considering comments from the Commission and resubmit with this new proposal. This property was originally annexed and zoned for a residential development in 2007. That development never proceeded. The site was later subdivided to be the home of the Yellowstone Theological Institute. The existing zone districts (R-1 and R-2) and subdivision layout was proposed to help promote the applicant’s goals of creating the theological institute. Today the applicant believes the R-1 and R-2 zoning are not the best use for the land. This proposal seeks to rezone the eastern half to REMU (Residential Emphasis Mixed Use) and the western half to B- 2M (Community Business District-Mixed). The proposed zoning allows for more creative neighborhood design that aims to accomplish several goals and themes of the community plan outlined in the Zone Map Amendment Staff Analysis. The REMU district is classified as a mixed-use district. The intent and purpose of the commercial zoning districts are to establish areas within the city that are primarily commercial in character and to set forth certain minimum standards for development within those areas. The purpose in having more than one commercial district is to provide opportunities for a variety of employment and community service opportunities within the community, while providing predictability. There is a 245 Page 46 of 50 rebuttal presumption that the uses set forth for each district will be compatible with each other both within the individual districts and to adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied. Additional requirements for development apply within overlay districts. The proposed change from R-1 and R-2 to REMU in building form, and permitted uses is substantial. Primary differences relate to residential density and the option of including commercial uses. Please refer to Appendix C for a link to Sec. 38.310.040 showing authorized uses for commercial, mixed use, and industrial districts (please refer to the REMU column). While commercial uses in B-2M and REMU are similar, more residential uses are allowed in REMU. REMU is primarily a residential district with the option of including neighborhood commercial. B-2M is primarily a commercial business district with a narrow range of residential uses allowed. Typically, when an applicant requests B-2M over REMU, they are considering a larger commercial component and a much larger structure. B-2M allows for non-residential buildings greater than 25,000 square feet whereas REMU is limited to 24,999 square feet, with the exception of a hotel which can be up to 40,000 square feet. APPENDIX B - NOTICING AND PUBLIC COMMENT As required by 38.220 (external link), notice was sent via US first class mail to all owners of property located inside the site and within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on June 15, 2024. and June 22, 2024. Notice was provided at least 15 but not more than 45 working days prior to any public hearing. The Community Development Board hearing was on July 15, 2024, and the City Commission public hearing is scheduled for August 6, 2024. Public comments have not been received on this application at the time of writing this report. Any received comments will be made available through the City’s Laserfiche (External Link). APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as “Urban Neighborhood” in the Bozeman Community Plan 2020. “This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is 246 Page 47 of 50 expected to occur within municipal boundaries. This may require annexation prior to development. Applying a zoning district to specific parcels sets the required and allowed density. Higher density residential areas are encouraged to be, but are not required or restricted to, proximity to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of REMU, Residential Emphasis Mixed Use District whose intent is to: Residential emphasis mixed use zoning district (REMU). The intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by: 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood’s sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial centers(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and 247 Page 48 of 50 attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities; a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new development and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design. APPENDIX D - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation (assuming the GPA application has been approved- #24195): The property is designated as “Community Commercial Mixed Use” in the Bozeman Community Plan. Note and describe relevant growth policy components. “The Community Commercial Mixed-Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism 248 24196 Staff Report for the Nexus Point Zone Map Amendment Page 49 of 50 establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in th is designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half -mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwelling units per net acre.” Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2M, Community Business District-Mixed whose intent is to: “The intent and purpose of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhance the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi- household residential as a secondary use. Design standards emphasizing pedestrian- oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit.” Below is a link to permitted uses with a column designated for B-2M Sec. 38.310.040. – Authorized uses-Commercial, mixed-use, and industrial zoning districts. APPENDIX E - OWNER INFORMATION AND REVIEWING STAFF Owner: Gilhousen Community Property TR DTD 3/30, PO Box 11462, Bozeman MT 59719 Applicant: Providence Development, PO Box 4082, Bozeman, MT 59715 Representative: Parker Lange, PO Box 4082, Bozeman, MT 59715 Report By: Elizabeth Cramblet, Associate Planner 249 24196 Staff Report for the Nexus Point Zone Map Amendment Page 50 of 50 FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on the City’s development map at the following link: Application 24196 (External Link) 250 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT: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 MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Community Development - Legislative RECOMMENDATION:Consider the Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24024 and move to recommend approval of the 1920 West Babcock Zone Map Amendment, with contingencies required to complete the application processing. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The owner, Maloney Holdings, LLC, 101 South Main Street, Suite 301, Sioux Falls, SD 57104, submitted application to rezone a property totaling 0.249 acres, plus adjacent right-of-way, from R-O to B-2M. The property is currently vacant after the recent tear down of the previous building on the property. No future development plans were submitted with the application. However, the property owners previously submitted a concept review for a proposed 5-unit residential building (Concept 23-209). The property is not within the NCOD, a historic district, or a city recognized neighborhood. The underlying Future Land Use designation is Community Commercial Mixed-Use. Both the existing R-O and proposed B-2M zoning are implementing districts of the Community Commercial Mixed-Use classification. The properties directly to the south are in the Urban Neighborhood designation. See Map Series in Section 1 in the staff report. 251 West Babcock Street is a designated Collector and South 20th Avenue is a local street according to the Bozeman Transportation Master Plan, 2017 Update. As illustrated in the map series below, the site is adjacent to a fully built street network. Community Development Board (Zoning Commission) Summary: The Zoning Commission held a public hearing on June 3, 2024. One member of the public commented on the application. The Commission discussed the tension between the desires of the growth policy while acknowledging and respecting the existing neighborhoods. For example, it was noted that when the Baxter Hotel was constructed it’s possible the community felt it was not in context. However, as time has passed the size and bulk of the building is a part of the fabric of the city. Further, there appeared to be consensus that the size of the parcel limits the ability to fulfill the desired intensity of the B-2M on a commercial corridor that, in some scenarios, may be inconsistent with the goals and polices of the growth policy. However, the was further discussion that the context of the site, existing development in the area, and respect of adjacent properties that indicates likely development on the site will be less than permitted in the zone and be more appropriate for the neighborhood. In conclusion, the Zoning Commission voted (7:0) to recommend approval of the zone change request. No written comment has been received as of the production of this report. A video recording of the Zoning Commission review can be viewed at the following web link [External Web Link]. The agenda item begins at time stamp 1:26:30. Board questions for the applicant and discussion begins at 2:02:30. The Commission continued this item to August 13, 2024. UNRESOLVED ISSUES:There are no identified conflicts on this application. ALTERNATIVES:1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. 252 Attachments: 24024 1920 W Babcock ZMA CC SR Aug 13, 2024.pdf Report compiled on: July 31, 2024 253 Page 1 of 31 24024, Staff Report for the 1920 West Babcock Zone Map Amendment Public Hearing Date(s): Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on June 3, 2024, at 6:00 pm. City Commission meeting is on June 18, 2024, at 6:00 pm, continued to August 13, 2024. Project Description: The 1920 West Babcock zone map amendment requests amendment of the City Zoning Map on 0.249 acres (10,843 square feet) plus the adjacent right- of way from R-O (Residential Office) to B-2M (Community Business District- Mixed). Project Location: The property is addressed as 1920 West Babcock Street and more thoroughly described as Lot 10, Block 1, Kirk Subdivision (Plat F-1), located in the Southeast One-Quarter (SE ¼) of Section 11 Township Two South (T2S), Range Five East (R5E) of P.M.M., Gallatin County, Montana. Recommendation: Meets standards for approval Community Development Board Motion: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24024 and move to recommend approval of the 1920 West Babcock Zone Map Amendment, with contingencies required to complete the application processing. Recommended City Commission 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 24024 and move to approve the 1920 West Babcock Zone Map Amendment, with contingencies required to complete the application processing. Report Date: July 31, 2024 Staff Contact: Tom Rogers, Senior Planner Agenda Item Type: Action – Legislative EXECUTIVE SUMMARY Unresolved Issues None identified at this time. 254 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 2 of 31 Project Summary The owner, Maloney Holdings, LLC, 101 South Main Street, Suite 301, Sioux Falls, SD 57104, submitted application to rezone a property totaling 0.249 acres, plus adjacent right-of-way, from R-O to B-2M. The property is currently vacant after the recent tear down of the previous building on the property. No future development plans were submitted with the application. However, the property owners previously submitted a concept review for a proposed 5-unit residential building (Concept 23-209). The property is not within the NCOD, a historic district, or a city recognized neighborhood. The underlying Future Land Use designation is Community Commercial Mixed-Use. Both the existing R-O and proposed B-2M zoning are implementing districts of the Community Commercial Mixed-Use classification. The properties directly to the south are in the Urban Neighborhood designation. See Map Series in Section 1 below. West Babcock Street is a designated Collector and South 20th Avenue is a local street according to the Bozeman Transportation Master Plan, 2017 Update. As illustrated in the map series below, the site is adjacent to a fully built street network. Application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?startid=262088&cr=1 Community Development Board (Zoning Commission) Summary The Zoning Commission held a public hearing on June 3, 2024. One member of the public commented on the application. The Commission discussed the tension between the desires of the growth policy while acknowledging and respecting the existing neighborhoods. For example, it was noted that when the Baxter Hotel was constructed it’s possible the community felt it was not in context. However, as time has passed the size and bulk of the building is a part of the fabric of the city. Further, there appeared to be consensus that the size of the parcel limits the ability to fulfill the desired intensity of the B-2M on a commercial corridor that, in some scenarios, may be inconsistent with the goals and polices of the growth policy. However, the was further discussion that the context of the site, existing development in the area, and respect of adjacent properties that indicates likely development on the site will be less than permitted in the zone and be more appropriate for the neighborhood. In conclusion, the Zoning Commission voted (7:0) to recommend approval of the zone change request. 255 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 3 of 31 A video recording of the Zoning Commission review can be viewed at the following web link. The agenda item begins at time stamp 1:26:30. Board questions for the applicant and discussion begins at 2:02:30. https://bozeman.granicus.com/player/clip/2298?view_id=1&redirect=true The City has received comment on the application and be reviewed at the following web link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=291231&dbid=0&repo=BOZEMAN Alternatives 1. Approve the application with contingencies as presented; 2. Approve the application with modifications to the recommended zoning; 3. Deny the application based on findings of non-compliance with the applicable criteria contained within the staff report; or 4. Open and continue the public hearing, with specific direction to staff or the applicant to supply additional information or to address specific items. 256 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 4 of 31 TABLE OF CONTENTS EXECUTIVE SUMMARY ...................................................................................................... 1 Unresolved Issues ............................................................................................................... 1 Project Summary ................................................................................................................. 2 Community Development Board (Zoning Commission) Summary ................................... 2 Alternatives ......................................................................................................................... 3 SECTION 1 - MAP SERIES .................................................................................................... 5 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT..... 8 SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 8 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS ............. 9 Section 76-2-304, MCA (Zoning) Criteria ......................................................................... 9 PROTEST NOTICE FOR ZONING AMENDMENTS ......................................................... 27 APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND .............. 27 APPENDIX B - NOTICING AND PUBLIC COMMENT .................................................... 28 APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING ................... 28 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF............................ 30 FISCAL EFFECTS ................................................................................................................. 31 ATTACHMENTS ................................................................................................................... 31 257 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 5 of 31 SECTION 1 - MAP SERIES Figure 1: Location Map 258 Page 6 of 31 Figure 2: Future Land Use Designations Community Commercial Mixed Use Urban Neighborhood 259 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 7 of 31 Figure 3: Current Zoning Map B-2 B-2M Subject property B-2M R-0 R-3 R-3 260 Page 8 of 31 SECTION 2 - RECOMMENDED CONTINGENCIES OF ZONE MAP AMENDMENT Please note that these contingencies are necessary for the City to complete the process of the proposed amendment. Should the application not be approved these contingencies are not required. Recommended Contingencies of Approval: 1. That all documents and exhibits necessary to establish the amended municipal zoning designation of B-2M shall be identified as the “1920 West Babcock Zone Map Amendment”. 2. The applicant must submit a zone amendment map, titled “1920 West Babcock Zone Map Amendment”, acceptable to the Director of Public Works, as a PDF which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property including adjacent rights-of-way, and total acreage of the property. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides an editable metes and bounds legal description prepared by a licensed Montana surveyor. SECTION 3 - RECOMMENDATION AND FUTURE ACTIONS Having considered the criteria established for a zone map amendment, the Staff found the application meets standards for approval as submitted. The Development Review Committee (DRC) considered the amendment. The DRC did not identify any infrastructure or regulatory constraints that would impede the approval of the application. The Community Development Board acting in their capacity as the Zoning Commission will hold a public hearing on this zone map amendment on June 3, 2024, and will forward a recommendation to the City Commission on the zone map amendment. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana. The City Commission will hold a public meeting on the zone map amendment on June 18, 2024. The meeting will begin at 6 p.m. in the Commission Room at City Hall, 121 N. Rouse Ave, Bozeman, Montana, the City Commission will conduct a public hearing on the proposed Zone Map Amendment application. 261 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 9 of 31 SECTION 4 - ZONE MAP AMENDMENT STAFF ANALYSIS AND FINDINGS In considering applications for plan approval under this title, the advisory boards and City Commission must consider the following criteria (letters A-K). As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone map amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E - K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, Staff considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. Zoning review is discretionary. The city balances many priorities and competing outcomes by threading the needle to create the best outcomes to benefit as many diverse goals as possible. The State review criteria is rudimentary and fails to adequately convey the nuance involved in more urban setting such as Bozeman, Missoula, Billings, Kalispell, and Great Falls. It is common for an application to have both favorable and unfavorable influence on a particular criteria. An unreserved finding of compliance is not required but staff may call out competing elements. Therefore, a criteria may be weakly or strongly complied with. Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Criterion met. The BCP 2020, Chapter 5, p. 73, in the section titled Review Criteria for Zoning Amendments and Their Application, discusses how the various criteria in 76-2-304 MCA are applied locally. Application of the criteria varies depending on whether an amendment is for the zoning map or for the text of Chapter 38, BMC. The first criterion for a zoning amendment is accordance with a growth policy. 262 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 10 of 31 Future Land Use Map The proposed amendment is a change to the zoning map. Therefore, it is necessary to analyze compliance with the future land use map. Chapter 3 of the BCP 2020 addresses the future land use map. The introduction to that chapter discusses the importance of the chapter. Following are some excerpts. “Future land use is the community’s fundamental building block. It is an illustration of the City’s desired outcome to accommodate the complex and diverse needs of its residents.” “The land use map sets generalized expectations for what goes where in the community. Each category has its own descriptions. Understanding the future land use map is not possible without understanding the category descriptions.” The area of this application is within the annexed area of the City and where there is anticipated redevelopment within the City as discussed below. As shown on the maps in Section 1, on the excerpt of the current future land use map, the property is designated as Community Commercial Mixed-Use. The Community Commercial Mixed-Use designation description reads: “The Community Commercial Mixed-Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non-automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. 263 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 11 of 31 Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre.” The correlation between the future land use map of the growth policy and the zoning districts is presented in Table 4 of the Bozeman Community Plan 2020. As shown in the following Correlation with Zoning Table, both R-O and B-2M districts are implementing districts of the Community Commercial Mixed-Use future land use category. Goals and Policies A zoning amendment is also evaluated against the goals and policies of the BCP 2020. Most of the goals and policies are not applicable to this application. Relevant goals and objectives have been identified by staff. Conflict with the text of the growth policy hasn’t been identified. The Short-Term Action list on page 63 of the BCP 2020 describes 14 items to implement the growth policy. The first two relate to direct changes to the zoning map in support of listed goals and objectives. These include increasing the intensity of zoning districts in already developed areas. Beginning on page 71 of the BCP 2020 in the section titled Zoning Amendment Review, the document discusses how the City implements zoning for new areas, amendments to areas, and revisions to existing text. This section includes a discussion of when the City may initiate a zoning change to a more intensive district to increase development opportunities. This section demonstrates that the City, as a matter of policy, is supportive of more intensive zoning districts and development, even within already developed areas. This policy approach does not specify any individual district but does lean towards the more intensive portion of the zoning district spectrum. 264 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 12 of 31 With individual property owner request to modify zoning, the applicant has the burden of proof to show the proposed amendment is in the city’s best interest and furthers more goals and policies of the BCP, 2020 than hinders. The applicant’s argument is that B-2M is an implementing district for the FLU designation and that the draft development code map revisions propose this property and those in the immediate vicinity show a change to B-2M. While these statements are true, no further analysis or discussion is provided with the original application. The city requested analysis to support the application which was provide on April 10, 2024. In addition to analysis, staff suggested the application would be more in compliance with the goals and policies of the BCP 2020 if additional adjacent properties, under the same ownership, were included in the application., No additional properties were added to the request. Section 38.300.110, BMC states that the intent and purposes of the commercial zoning districts are to establish areas within the city that are primarily commercial. Subsection C continues describing that the intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi- household residential as a secondary use. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. [Emphasis added.] It is difficult to make positive findings for a single, small, isolated amendment when considering the intent and purpose statements of the future land use and the specific zoning district requested. However, pursuant to table 38.320.050 [External Web Link], form and intensity standards for commercial zones, there is no minimum lot size in the B-2M zone. While the size will limit viability of a mixed-use building there is sufficient size to accommodate commercial building as show the previous use as an insurance office. 265 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 13 of 31 2021 aerial image of subject property (Bozeman GIS) The North 7th corridor has a numerous small lot B-2M zoned properties. For example, the Rue building on the northwest corner of 7th and Durston sits on a 27,974 square foot (0.6422 acre) parcel. The Recompute building is on a 13,503 square foot (0.31 acre) site. The Commission generally revise short term rental standards in November 2023 during the review of this application. There are no differences for short term rentals in the R-O and B-2M zones. Type I and Type II STR’s are allowed as an accessory use in both districts. Considering the eclectic character of vicinity, the R-O and B-2M appear to be appropriate zoning designations. The area is a transitional area between 19th Avenue, Main Street, and the University Square Shopping center with a variety for residential structure types and commercial activity with relatively small building size. The subject property lot size of lot will limit bulk and mass of future building(s). There is convenient access to many services. Cosmic Pizza, convenience store, dry cleaners, two large grocery stores, fast food, drug store, and more. The proximity of these services help explains the relatively high Walk Score. There are no public open spaces near the site. Kirk Park is north and across Main Street with the only controlled crossing at 19th and Main. The next closest park is Cooper Park one mile to the east. Staff did not identify goals and objectives the proposed amendment is in direct conflict with. The most likely category for conflict might be under Theme 2, A City of Unique Neighborhoods and neighbor character. However, goals and objectives related to 266 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 14 of 31 neighborhood elements are limited in their scope and do not address small single parcel requests. The applicant provided support for and analysis of, the BCP 2020 found in the Zone Map Amendment Narrative, updated, and are hereby incorporated into this report. The applicant provides justification for the map amendment on page 6 and 7 of the narrative by listing several goals and objectives the request furthers. Staff generally agrees with exceptions. Objective N- 2.2 “Revise the zoning map to support higher intensity residential districts near schools, services, and transportation.” The requested zoning is commercial in a commercially designated area therefore, it is unclear how this objective is supported. Also, DCD-2.3, Review and update minimum development intensity requirements in residential and non-residential zoning districts. The application modifies the map, no changes to the standards are proposed. Applicant Amended 5a Response: “The Bozeman Community Development Plan has developed seven themes that are identified as ‘community derived desired outcomes. Based on information taken from these themes, the proposed B-2M zoning fits into the growth policy in numerous ways. Throughout the seven themes identified, there are various areas where there is an over-arching value for increasing density. These goals taken directly from the 2020 City Grown Development Plan document and support the desire for more density: THEME 2 | GOALS, OBJECTIVES, AND ACTIONS N-2.2 Revise the zoning map to support higher intensity residential districts near schools, services, and transportation. N-3.7 Support compact neighborhoods, small lot sizes, and small floor plans, especially through mechanisms such as density bonuses. THEME 3 | GOALS, OBJECTIVES, AND ACTIONS DCD-2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. DCD-1.5 Identify underutilized sites, vacant, and undeveloped sites for possible development or redevelopment, including evaluating possible development incentives. DCD-1.10 Support University efforts to attract development near campus. DCD-2.3 Review and update minimum development intensity requirements in residential and non-residential zoning districts. DCD-2.7 Encourage the location of higher density housing and public transit routes in proximity to one another. 267 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 15 of 31 There are certain characteristics between the two zones that are similar, like building height allowance, that won’t negatively impact the re-zoning. There are however differences between R-O and B-2M that will allow for an increase in density in positive ways. Some of the setbacks are less in the B-2m zoning and there is a higher coverage percentage that is allowed. This ensures a stronger utilization of the site to allow for said increase in density. As it stands now, the R-O zoning holds a larger requirement for parking. Changing to the B-2M zoning will reduce the parking requirements, which will encourage more use for public transportation, walking and biking. This responds well to the Goal M-1.4 listed under Theme 5 which states, “Develop safe, connected, and complementary transportation networks for pedestrians, bicyclists, and users of other personal mobility devices (e-bikes, electric scooter powered wheelchairs, etc.).” It is possible to alleviate parking congestion in these areas by utilizing more pedestrian and alternative modes of transportation. There are two bus stops under a quarter mile away and any future development will supply bike racks and adequate ADA accessibility. There are grocery stores and other business in close proximity that further support a walkable area. While it is understood that the existing zoning of R-O is still active throughout the City of Bozeman, the 2023 Community Development Plan is recommending removing the R-O zoning entirely. This has not taken place yet and might not, however based on this conjecture and lack of direction, re-zoning this site to a B-2M is a move toward communal cohesion and consistency. B-2M will not be removed from zoning, while the fate of R-O is heavily in question. Designing a development of any kind when the guidelines are in question, has potential to have costly negative ramifications. Numerous goals/themes express the importance of long-term impact, resilience, and simplification of the zoning districts and re-zoning to a B-2M will be an appropriate response to that. These goals are identified below: THEME 1 | GOALS, OBJECTIVES, AND ACTIONS R-1.7 Be flexible: willingness and ability to adopt alternative strategies in response to changing circumstances. -R-2: Pursue community decisions in a manner that supports resilience. R-2.1 Co-Benefits: Provide solutions that address problems across multiple sectors, creating maximum benefit. R-2.9 Long-Term and Lasting Impact: Create long-term gains to the community with solutions that are replicable and sustainable, creating benefit for present and future generations. (Best interests of the community to have workforce housing and a diversity of uses) THEME 3 | GOALS, OBJECTIVES, AND ACTIONS 268 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 16 of 31 DCD-2.8 Revise the zoning ordinance, reducing the number of zoning districts to be more consistent with the designated land use classifications, to simplify the development process, and support affordability objectives of the plan. In conclusion, changing from an R-O zoning to a B-2M is in accordance with the City of Bozeman’s Growth Policy Plan. It will allow for a greater level of density, promote pedestrian and alternative forms of travel, create communal stability within long term zoning, and allow for a stronger level of future adaptability.” In conclusion, the B-2M zoning designation is in accordance with the growth policy. B. Secure safety from fire and other dangers. Criterion met. The subject property is currently served by City of Bozeman Fire and Police Departments. Future development of the property will be required to conform to all City of Bozeman public safety, building, transportation, and land use requirements, which will generally ensure this criterion is met. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.400.010 Streets, general Access for emergency services Transportation Master Plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, site plan, and building permit C. Promote public health, public safety, and general welfare. Criterion met. City development standards included in Chapter 38, Unified Development Code, building codes, and engineering standards all ensure that this criterion is met. Adequate water and sewer supply and conveyance provide for public health through clean water. Rapid and effective emergency response provides for public safety. The City’s standards ensure that adequate services are provided prior to building construction which advances this criterion. 269 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 17 of 31 General welfare has been evaluated during the adoption of Chapter 38 and found to be advanced by the adopted standards. Provision of parks, control of storm water, and other features of the City’s development standards also advance the general welfare. The subject property is well connected to the City’s transportation system and is served by fully constructed intersections and streets. Sidewalks are constructed in all directions. Development on site will require any improvements not installed to mitigate impacts and meet the city’s complete street policies. Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, Site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit D. Facilitate the provision of transportation, water, sewerage, schools, parks, and other public requirements. Criterion met. The City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted 270 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 18 of 31 plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. See page 19 of the BCP 2020 for a listing. The City implements these plans through its capital improvements program (CIP). The CIP identifies individual projects, project construction scheduling, and financing of construction for infrastructure. Private development must demonstrate compliance with standards prior to construction. Dedication of school facilities is not required by municipal zoning standards. However, School District 7 will have opportunity to review and comment on future development. Section 38.300.020.C, BMC, states that the designation of a zoning district does not guarantee approval of new development until the City verifies the availability of needed infrastructure. All zoning districts in Bozeman enable a wide range of uses and intensities. At time of future subdivision or site plan review the need for individual services can be more precisely determined. No subdivision or site plan is approved without demonstration of adequate capacity. 38.300.020.C, “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range of uses allowed within that district are generally acceptable in that location. It is not a guarantee of approval for any given use prior to the completion of the appropriate review procedure and compliance with all the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.” Municipal Code Section and Title Subject Related Documents When standard is applied 18.02 International Fire code Adopt standards for fire prevention and control Fire/EMS master plan, International Fire Code Site plan and building permit 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Sewer collection facilities plan, Water facilities plan Annexation for collector and arterial streets. Subdivision or site plan for all others. 271 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 19 of 31 38.410.070 Municipal water, sewer systems Location and requirement to install. Sewer collection facilities plan, Water facilities plan Subdivision or site plan. 38.410.090 Fire protection requirements Development design Fire/EMS master plan, International Fire Code Subdivision, site plan, and building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan Water and sewer are available to the site. A 10-inch vitrified clay sewer line on the eastern side of the property. A 10-inch ductile iron water main is in West Babcock Street and a 6-inch carrier water line is under South 20th Avenue. It is likely future development will increase impacts on services, adequate capacity is presently available to meet demand. E. Reasonable provision of adequate light and air. Criterion met. This criterion is not about individual preferences for a given degree of visual openness but about preservation of public health. The B-2M district provides adequate light and air through the Bozeman Unified Development Code’s standards for park and recreation requirements, on-site open space for residential uses, maximum building height, lot coverage, and setback requirements. The form and intensity standards, Division 38.320, provide minimum lot areas, lot widths, lot coverage and maximum floor area ratios, and prescribe require minimum separation from property lines and limits building heights. Section 38.520.030 requires building placement to ensure access to light and air. Division 38.420 and Section 38.520.060 require dedication of parks and on-site open spaces to meet needs of residents. The standards provide a reasonable provision of adequate light and air. Zone edge transitions do not apply to this property if the B-2M is approved pursuant to section 38.320.060, BMC. In addition to the zoning standards, adopted building codes contain more detailed requirements for air circulation, window placement, and building separation that further ensure the intent of this criterion is satisfied. 272 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 20 of 31 Municipal Code Section and Title Subject Related Documents When standard is applied 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.420 Parks Standards for location, type, and development of parks and trails Park, Recreation, and Active Transportation Plan Subdivision or site plan review 38.520.060 On-site residential and commercial open space Private land open area requirements Site plan F. The effect on motorized and non-motorized transportation systems. Criterion met. Potential future development within a zoning district of B-2M will affect the City’s motorized and non-motorized transportation system with potential increased traffic and vehicle trips along West Babcock Street and 19th Avenue. The subject property is located on a street corner with a constructed Collector Street to the north and a local street to the west. Due to the small size potential impacts will be limited and therefore can be accommodated by the existing street network. The proposed zoning will allow for a higher density of uses than is currently allowed under R- O zoning district. The City’s transportation plan is used to evaluate transportation needs over the long term throughout the City and will evaluate impacts of motorized vehicles along with bikes and pedestrians. The parks and trails plan also examine and specify options for extensions of the existing trail network through this site. Future site development will examine impacts in greater detail on the transportation network, parks, and trails system, and municipal facilities when specific construction has been identified. Furthermore, these future development reviews will ensure that development under the new zoning will comply with the City’s standards for the provision of onsite parking for bicycles and vehicles, as well as the requirements for onsite circulation. Traffic impacts will be studied by the development team to demonstrate compliance with the City’s long-range transportation plans. Future project development will ensure compliance with the acceptable traffic limits identified in the transportation plans, as well as provide for the dedication of rights of way, construction or reconstruction of streets and trails, payment of impact fees, and other contributions as will be applicable to this project. 273 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 21 of 31 As previously mentioned, the City conducts extensive planning for municipal transportation, water, sewer, parks, sustainability, and other facilities and services provided by the City. The adopted plans allow the City to consider existing conditions; and identify enhancements needed to provide service to new development. The subject properties are within the City’s land use, transportation, parks, and utility planning areas. Those plans show this property as developing within the City when development is proposed. West Babcock is a designated Collector Street according to the Bozeman Area Transportation Master Plan, 2017 Update [External link] Future development and redevelopment of the property will be required to comply with transportation-related standards and reviewed for impacts on the surrounding streets, intersections, and sidewalks, and improvements to the transportation network to serve the site, which will improve the overall transportation system. These improvements include provisions for non-motorized transportation systems. The change in zoning district will have a minimal effect on required road improvements, pedestrian or bicycle facilities, or similar compliance with standards. The site is adjacent to one collector (West Babcock) and one local street (20th Avenue), both of which have capacity to carry additional traffic. Municipal Code Section and Title Subject Related Documents When standard is applied 38.400 Transportation Facilities and Access Streets standards for size and construction Transportation Master Plan Subdivision or site plan review 38.410.060 Easements Location and form of easements for utilities Transportation Master Plan, Annexation for collector and arterial streets. Subdivision or site plan for all others. 38.420.110 Recreation Pathways Location and requirement to install. Park, Recreation, and Active Transportation Plan Annexation for Class 1 Trails easement. Subdivision or site plan for all else. The site has a Walk Score of 83, a Transit score of 26, and a Bike Score of 80. According to Walk Score® the walks score measures the walkability of any address based on the distance to nearby places and pedestrian friendliness. 274 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 22 of 31 90 – 100 Walker’s Paradise. Daily errands do not require a car. 70 – 89 Very Walkable. Most errands can be accomplished on foot. 50 – 69 Somewhat walkable. Some errands can be accomplished on foot. 25 – 49 Car-Dependent. Most errands require a car. 0 – 24 Car-Dependent. Almost all errands require a car. The site is reasonably served by the Streamline Bus service. Two routes, Gold and Purple lines, currently make stops at the intersection of Main and Babcock. According to Walk Score, the transit score for the site is 26 out of 100. However, Streamline routes are subject to change without notice. These values are provided by Walk Score, a private organization which presents information on real estate and transportation through walkscore.com. The algorithm which produces these numbers is proprietary. A score is not an indication of safety or continuity of services or routes. Scores are influenced by proximity of housing, transit, and services and expected ability, as determined by the algorithm, to meet basic needs without using a car. Sites located on the edge of the community have lower scores than those in the center of the community as the area is still under development and therefore diversity of uses is less than in fully established areas. There are no adopted development standards relating to the walk score. G. Promotion of compatible urban growth. Criterion met. The Bozeman Community Plan establishes a preferred and compatible development pattern. “The land use map sets generalized expectations for what goes where in the community… The land use categories and descriptions provide a guide for appropriate development and redevelopment locations for civic, residential, commercial, industrial, and other uses. The future land use designations are important because they aim to further the vision and goals of the City through promoting sustainability, citizen and visitor safety, and a high quality of life that will shape Bozeman’s future.” (Community Plan p. 51). The City’s future land use map designates the properties as Community Commercial Mixed- Use. These designations correlate with several zoning districts including the B-2M district proposed by the applicants. The districts were developed by the City to promote appropriate urban growth compatible with the areas of the City as identified on the future land use map. Based on the land use map designations and correlated zoning districts in the plan and proposed by the applicants, the zone map amendment would promote compatible urban growth. Also see the discussion in (H) below. The subject property is bounded by existing B-2 zones on the north and west sides, R-O zone to the east, and R-3 (Moderate Density Residential) to the south. There is no street or alley separation between the proposed B-2M and the existing residential use to the south. The city’s 275 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 23 of 31 zone edge transition standards, section 38.320.060.B [External Link], would not apply. Single use buildings, residential or commercial, are allowed to build to build to four (4) stories or 50 feet, whichever is less. Buildings in the R-3 zone have a maximum height of 36 or 46 feet depending on roof pitch. The existing structure is a two-story building. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit H. Character of the district. Criterion met. Section 76-2-302, MCA says “…legislative body may divide the municipality into districts of the number, shape, and area as are considered best suited to carry out the purposes [promoting health, safety, morals, or the general welfare of the community] of this part.” Emphasis added. This proposal amends the zoning map and not the text. Therefore, no element of this amendment modifies the standards of any zoning district. The character of the districts as created by those standards remains intact. As noted above, the City Commission has latitude in considering the geographical extents of a zoning district. It is not expected that zoning freeze the character of an area in perpetuity. Rather, it provides a structured method to consider changes to the character. This is especially 276 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 24 of 31 true when applying zoning to undeveloped areas as any new construction will alter the physical characteristics of the area. The City has defined compatible development as: “The use of land and the construction and use of structures which is in harmony with adjoining development, existing neighborhoods, and the goals and objectives of the city's adopted growth policy. Elements of compatible development include, but are not limited to, variety of architectural design; rhythm of architectural elements; scale; intensity; materials; building siting; lot and building size; hours of operation; and integration with existing community systems including water and sewer services, natural elements in the area, motorized and non-motorized transportation, and open spaces and parks. Compatible development does not require uniformity or monotony of architectural or site design, density or use.” The City has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in [B-2M] to be compatible with adjacent development and consistent with the residential and commercial character of the area. Community business district-mixed (B-2M) 1. The intent of the B-2M community business district-mixed is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian- oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The city has adopted many standards to identify and avoid or mitigate demonstrable negative impacts of development. These will support the ability of future development in the proposed B-2M district to be compatible with the proposed adjacent mixed-use district, where both will help serve the expanding residential development within this southern region of the city. The proposed zone district allows the applicant to construct a variety of commercial-sized buildings as well as some secondary residential uses like townhomes and apartment buildings. There is a mix of uses in the immediate vicinity including, fast food restaurants, gas station, multi-unit and single family residential, general retail, and a variety of others uses. The property is not within the Neighborhood Conservation Overlay District, a historic district, or any other designated area. 277 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 25 of 31 Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan, building permit 38.320.060 Zone Edge Transitions Height adjustments on the edge of some zones Site plan 38.340 Overlay District Standards Historic preservation SOI Standards for Historic Preservation, Design Guidelines for Historic Preservation Site plan and building permit 38.5 Project Design Site layouts, landscaping, building configuration, signs, lighting Site plan and building permit I. Peculiar suitability for particular uses. Neutral. Future uses for construction on the site are not finalized at this time, so the suitability of the site for particular uses is not easily evaluated. However, considering the context of the site and previous applications by the applicant for a residential building it seems reasonable assumption residential is the desired use. Historically, the site was used as an office. Adjacent properties to the east and south are residential use and the building to the west is a small commercial use building. The B-2M zone allows a wide variety of use although assumes commercial nature, see criterion A above. The proposed B-2M district can support many types of urban development that are likely to serve the immediate area and region as a result of its location and proximity to major transportation networks. Final determination of suitability will occur during the site development process. On the other hand, the parcel size and single lot undermine the ability of the B-2M zone to achieve its stated outcome to, “… function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. 278 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 26 of 31 Design standards emphasizing pedestrian-oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit.” The parcel is located on a Collector Street and served by nearby transit required on-site parking, open space, parkland, utilities, stormwater and other necessary components of development will limit its functionality for these outcomes. Municipal Code Section and Title Subject Related Documents When standard is applied 38.310 Permitted Uses What can be done where in the city. Growth policy Subdivision, site plan review, building permit 38.320 Form and Intensity Standards Standards for building placement and maximum size Subdivision, site plan review, building permit 38.600 Natural Resource Protection Protect watercourses and wetlands FEMA Floodplain study Subdivision, site plan review, building permit J. Conserving the value of buildings. Criterion met. The site is vacant. B-2M zoning will allow for new and diverse development patterns on the subject parcel that compliment development on adjacent sites as does the existing R-O designation. Future development must comply with the Bozeman Unified Development Code which will ensure an appropriate scale and intensity of uses. As a result, the proposed zone map amendment is not anticipated to negatively impact nearby building values as the development pattern will be appropriate to the surrounding character of the district. The values of some buildings may improve in the future as new and improved amenities are provided to the area as the site is developed according to the proposed B-2M district, while other buildings’ values are unlikely to be impacted largely due to a robust real estate market and lack of unmitigated offensive uses allowed by the proposed zoning district. K. Encourage the most appropriate use of land throughout the jurisdictional area. Criterion met. As stated above, the BCP 2020 illustrates the most appropriate use of the land through the future land use map. This application complies with the BCP 2020 by proposing zone map amendments of districts that continue to implement the future land use map designations. In this case, urban mixed-use development has been identified by the community as the most appropriate types of development for the property. The Unified Development Code contains standards, protections, and review processes to ensure the land is developed in ways that are appropriate to a site’s context and according to the BCP 2020. 279 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 27 of 31 Similarly, as stated by the applicant, “… The city has a growing need for additional housing and retail/commercial services to the surrounding community. The zoning will provide an increased alignment with the Community Development Plan’s desired increase of density. The proposed B-2M offers a positive opportunity to generate a greater sense of community scale in an established neighborhood while providing an increase in flexibility; i.e. reducing in parking requirements allow for a more optimal land use.” PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. The City will accept written protests from property owners against the proposal described in this report until the close of the public hearing before the City Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s) of real property within the area affected by the proposal or by owner(s) of real property that lie within 150 feet of an area affected by the proposal. The protest must be in writing and must be signed by all owners of the real property. In addition, a sufficient protest must: (i) contain a description of the action protested sufficient to identify the action against which the protest is lodged; and (ii) contain a statement of the protestor's qualifications (including listing all owners of the property and the physical address and legal description of the property), to protest the action against which the protest is lodged, including ownership of property affected by the action. Signers are encouraged to print their names after their signatures. A person may in writing withdraw a previously filed protest at any time prior to final action by the City Commission. Protests must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230, Bozeman, MT 59771-1230. APPENDIX A - DETAILED PROJECT DESCRIPTION AND BACKGROUND The owner, Maloney Holdings, LLC, 101 South Main Street, Suite 301, Sioux Falls, SD 57104, submitted application to rezone a property totaling 0.249 acres, plus adjacent right-of-way, from R-O to B-2M. The property is currently vacant after the recent tear down of the previous building on the property. No future development plans were submitted with the application. However, the property owners previously submitted a concept review for a proposed 5-unit 280 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 28 of 31 residential building (Concept 23-209). Exterior elevations of the concept review were included in the report to the Community Development Board. The elevations are not included in this report because they are not germane to the review criteria for the zone map amendment. Relatives of the applicant own the three adjacent properties zoned R-O. The property is not within the NCOD, a historic district, or a city recognized neighborhood. The underlying Future Land Use designation is Community Commercial Mixed Use. The properties directly to the south are in the Urban Neighborhood designation. See Map Series in Section 1 below. West Babcock Street is a designated Collector and South 20th Avenue is a local street according to the Bozeman Transportation Master Plan, 2017 Update. As illustrated in the map series below, the site is adjacent to a fully built street network. The primary differences between the B-2 and B-2M districts are slight differences in building height, more permissive residential use, and reduction of parking requirements. Building height in the B-2 district is between 50-60 feet, depending on roof pitch. Building height in B- 2M is five (5) stories or 60 feet. Residential use is allowed on the ground floor in without a Special Use Permit (SUP) in the B-2M zone and may be permitted in the B-2 district with an approved SUP. APPENDIX B - NOTICING AND PUBLIC COMMENT Notice was sent via US first class mail to all owners of property located inside the site and within 200 feet of the perimeter of the site. The project site was posted with a copy of the notice. The notice was published in the Legal Ads section of the Bozeman Daily Chronicle on May 11 and 18, 2024. The Community Development Board acting in their capacity as the Zoning Commission hearing is scheduled for June 3, 2024, and the City Commission public hearing is scheduled for June 18, 2024. The Commission continued the application to August 13, 2024. The City has received comment on the application and be reviewed at the following web link. https://weblink.bozeman.net/WebLink/DocView.aspx?id=291086&dbid=0&repo=BOZEMA N APPENDIX C - PROJECT GROWTH POLICY AND PROPOSED ZONING Adopted Growth Policy Designation: The property is designated as community commercial mixed use in the Bozeman Community Plan 2020 future land use map – see descriptions below. 281 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 29 of 31 “Community Commercial Mixed Use.” The growth policy states that, “activities within this land use category are the basic employment and services necessary for a vibrant community. Establishments located within these categories draw from the community as a whole for their employee and customer base and are sized accordingly. A broad range of functions including retail, education, professional and personal services, offices, residences, and general service activities typify this designation. In the “center-based” land use pattern, Community Commercial Mixed-Use areas are integrated with significant transportation corridors, including transit and non-automotive routes, to facilitate efficient travel opportunities. The density of development is expected to be higher than currently seen in most commercial areas in Bozeman and should include multi-story buildings…High density residential areas are expected in close proximity. Including residential units on sites within this category, typically on upper floors, will facilitate the provision of services and opportunities to persons without requiring the use of an automobile… Mixed use areas should be developed in an integrated, pedestrian friendly manner and should not be overly dominated by any single land use. Higher intensity employment and residential uses are encouraged in the core of the area or adjacent to significant streets and intersections. As needed, building height transitions should be provided to be compatible with adjacent development.” The Zoning Correlation Table on Page 58 of the Bozeman Community Plan, 2020 correlates zoning districts with the Growth Policy’s land use categories, demonstrating that the proposed zoning designation of B-2M correlates with the Growth Policy’s future land use designation of “Community Commercial Mixed Use”. Proposed Zoning Designation and Land Uses: The applicant has requested zoning of B-2M (Community Business District-Mixed). The intent of the B-2M district is “…to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian- oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit”. 282 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 30 of 31 APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Owner: Maloney Holdings, LLC, 101 South Main Street, Suite 301, Sioux Falls, SD 57104 Applicant: Firm 5, 703 Wyoming Street, Belgrade, MT 59714 Representative: Firm 5, 703 Wyoming Street, Belgrade, MT 59714 Report By: Tom Rogers, AICP, Senior Planner 283 24024 Staff Report for the 1920 W Babcock Zone Map Amendment Page 31 of 31 FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. In addition, application materials can be viewed on the City’s development map at the following link. https://weblink.bozeman.net/WebLink/Browse.aspx?id=289450&dbid=0&repo=BOZEMAN 284 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5607, Establishing a 3 Percent Increase to Street Maintenance District Assessments for Fiscal Year 2024-2025 (FY25) MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: Adopt Commission Resolution No. 5607 establishing a 3percent increase in Street Maintenance District Assessments for FY25, making the assessment rate $0.039046 per assessable square foot. 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:On July 16, 1990, the City Commission passed Commission Resolution No. 2803 creating a city-wide maintenance district for all streets, alleys and public places located within the city’s corporate limits, known formally as the Street Maintenance District. On June 25, 2024, the City Commission adopted Resolution No. 5600 adopting the FY25 Budget, which included an 3% increase in Street Maintenance District Assessments to support eligible district expenditures. UNRESOLVED ISSUES:None ALTERNATIVES:Changes to the rate approved in the FY25 Budget may require budget amendments to ensure a balanced budget. FISCAL EFFECTS:The assessment rate proposed is consistent with the Fiscal Year 2025 Adopted Budget. The estimated annual increase to the median homeowner, on a 7,500 square foot lot, is approximately $8.54. The total annual assessment estimated for the median homeowner is $292.85. Attachments: Commission Resolution 5607 - Street Maintenance Dist FY25.docx Report compiled on: July 30, 2024 285 286 Page 1 of 5 RESOLUTION NO. 5607 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2025 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. WHEREAS, the City Commission of the City of Bozeman did on the 16th day of July 1990, following notice and public hearing, regularly pass Commission Resolution No. 2803 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A CITY-WIDE MAINTENANCE DISTRICT FOR ALL STREETS, ALLEYS AND PUBLIC PLACES LOCATED WITHIN THE CITY’S CORPORATE LIMITS AND REPEALING COMMISSION RESOLUTION NOS. 1650, CREATING SPRINKLING DISTRICT NO 5; 1651, CREATING SPRINKLING DISTRICT NO 6; 1652 CREATING SPRINKLING DISTRICT NO 7; 1653, CREATING SPRINKLING DISTRICT NO 8; AND 1654, CREATING SPRINKLING DISTRICT NO 9. Which Commission Resolution No. 2803 provides the basis and method of assessing the cost against property herein assessed; and 287 Resolution 5607, Levying Assessment for Street Maintenance District for FY25 Page 2 of 5 WHEREAS,Commission Resolution No. 2803 further provides that said special assessments shall be made, levied, and collected in the same manner as are other special assessments and levies of the City of Bozeman; and WHEREAS, Section 7-12-4403, Montana Code Annotated, allows the district boundaries to be changed by resolution; and WHEREAS, the district boundaries are the city corporate limits, to include all annexed property as of the date of this resolution; and WHEREAS, to defray the costs of street maintenance for the coming assessment year, the Commission must now establish an assessment to be levied for said services. NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No. 2803 and the laws of the State of Montana, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1 To defray the estimated cost and expense of the maintenance of streets, alleys and public places located within the maintenance district, which is hereby extended to include the city’s corporate limits existing as of the date of this resolution, for Fiscal Year 2025 there is hereby levied and assessed against the assessable area of the several lots, pieces and parcels of land benefited by the maintenance district within the City of Bozeman as set forth in Schedule A, attached hereto and by this reference made a part hereof, which describes each lot or parcel of land with the name of the owner and/or owners, if known, and the amount assessed against the same. The said sums shall be paid,and the collection thereof be made in the manner and in accordance with Commission Resolution No. 2803 of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of maintenance district assessments. Failure to pay such assessment when 288 Resolution 5607, Levying Assessment for Street Maintenance District for FY25 Page 3 of 5 the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments. The November assessments shall become delinquent at 5:01 p.m. on November 30, 2024, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2025. Section 2 The assessment basis and method of assessing the costs of the maintenance district against property herein assessed shall be as specified in Resolution No. 2803, which is hereby incorporated by this reference and made a part of this Resolution. Section 3 The per-square-foot assessment rate in said maintenance district shall be $0.039046 per square foot of actual lot area, with a limit on the maximum square footage assessed for zones as listed below. For non-conforming residences located in business and manufacturingzoning districts without any business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed. Zoning Maximum assessment square footage (Cap) R-1 15,000 sq ft R-2 15,000 sq ft R-3 15,000 sq ft R-4 15,000 sq ft R-5 15,000 sq ft RMH 8,250 sq ft/unit RS 15,000 sq ft RO No Cap on developed parcels. Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) PLI (including MSU, Schools, Govt, 25% of total sq ft 289 Resolution 5607, Levying Assessment for Street Maintenance District for FY25 Page 4 of 5 Hospital, & Public Owned property) REMU No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Business Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Manufacturing Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Section 4 This assessment shall be levied for the fiscal year of July 1, 2024, through June 30, 2025, and be billed in October 2024 as are all other special assessments. Any condominium and/or subdivision of land recorded on or before September 30, 2024, is subject to assessment for Fiscal Year 2025. Section 5 The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall, 121 N. Rouse Ave, Bozeman, Montana, on the 13th day of August 2024 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6 The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense of maintenance of all streets, alleys, and public places located within 290 Resolution 5607, Levying Assessment for Street Maintenance District for FY25 Page 5 of 5 the City’s corporate limits for the Fiscal Year 2025, against the property on which such service was rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the time and place at which objections will be heard by the Commission to the final adoption of the Resolution. The final publication of said Notice was published at least five (5) days before the date set by the Commission for hearing objections and final adoption of this Resolution. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 13th day of August 2024. _______________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 291 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5609, Establishing a 3 Percent Change to Arterial and Collector Street Special District Assessments for Fiscal Year 2024-2025 (FY25) MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: Adopt Commission Resolution No. 5609 establishing a 3 percent change in Arterial and Collector Street Maintenance Assessments for FY25, making the assessment rate $0.008252 per assessable square foot. 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:On August 31, 2015, the City Commission passed Commission Resolution No. 4640 creating the Arterial & Collector Street Special District for the purpose of funding the construction, improvements, and maintenance of transportation facilities related to arterials and collector streets. On June 25, 2024, the City Commission adopted Resolution No. 5600 adopting the FY25 Budget, which included a 3% increase in Arterial and Collector Street Maintenance Assessments to support eligible district expenditures. UNRESOLVED ISSUES:None ALTERNATIVES:Changes to the rate approved in the FY25 Budget may require budget amendments to ensure a balanced budget. FISCAL EFFECTS:The assessment rate proposed is consistent with the FY25 Budget. The estimated annual increase to the median homeowner, on a 7,500 sq ft lot, is approximately $1.81. The total annual assessment estimated for the median homeowner is $61.89. Attachments: Resolution 5609 Arterial-CollectorStreet Mtc Assessments FY25.docx 292 Report compiled on: July 30, 2024 293 Page 1 of 5 RESOLUTION NO. 5609 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2025 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE ARTERIAL AND COLLECTOR STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. WHEREAS, the City Commission of the City of Bozeman did on the 31st day of August, 2015, following notice and public hearing regularly pass Commission Resolution No. 4640 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING THE ARTERIAL AND COLLECTOR STREET SPECIAL DISTRICT FOR THE PURPOSE OF FUNDING THE CONSTRUCTION, IMPROVEMENTS, AND MAINTENANCE OF TRANSPORTATION FACILITIES RELATED TO ARTERIALS AND COLLECTOR STREETS. Which Commission Resolution No. 4640 provides the basis and method of assessing the cost against property herein assessed; and WHEREAS,Commission Resolution No. 4640 further provides that said special assessments shall be made, levied, and collected in the same manner as are other special assessments and levies of the City of Bozeman; and 294 Resolution 5609, Levying and Assessing Arterial and Collector Maintenance District for FY25 Page 2 of 5 WHEREAS, in accordance with Commission Resolution No. 4640, the district boundaries are the city corporate limits as amended from time to time by annexation; and WHEREAS, to defray the costs of arterial and collector street maintenance for the coming assessment year, the Commission must now establish an assessment to be levied for said services. NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No. 4640 and the laws of the State of Montana, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1 To defray the cost and expense of the maintenance of arterial and collector streets located within the district, which is hereby extended to include the city’s corporate limits including all annexed properties as of the date of this Resolution, for fiscal year 2025 the City of Bozeman hereby levies and assesses upon all property located within the district the respective amounts listed on Schedule A, attached hereto and by this reference made a part of this Resolution. The assessment amounts set forth on Schedule A shall be paid and collected in accordance with Commission Resolution No. 4640 of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of special district assessments. Failure to pay such assessment when due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments. This assessment will be billed with the 2024 Gallatin County Property Taxes and shall become delinquent at 5:01 p.m. on November 30, 2024, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2025, unless stated otherwise by Gallatin County. Section 2 The assessment basis and method of assessing the costs of the district against property herein assessed shall be as specified in Resolution No. 4640, which is hereby incorporated by this reference and made a part of this Resolution. 295 Resolution 5609, Levying and Assessing Arterial and Collector Maintenance District for FY25 Page 3 of 5 Section 3 That the per-square-foot assessment rate in saiddistrict shall be$0.008252per squarefootof actual lot area, with a limit on the maximum square footage assessed for zones as listed below. For non-conforming residences located in business and manufacturingzoning districts without any business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed. Zoning Maximum assessment square footage (Cap) R-1 15,000 sq ft R-2 15,000 sq ft R-3 15,000 sq ft R-4 15,000 sq ft R-5 15,000 sq ft RMH 8,250 sq ft/unit RS 15,000 sq ft RO No Cap on developed parcels. Cap of 15,000 sq ft on undeveloped (parcels that have no structures and have not received subdivision review.) PLI (including MSU, Schools, Govt, Hospital, & Public Owned property) 25% of total sq ft REMU No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Business Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Manufacturing Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) 296 Resolution 5609, Levying and Assessing Arterial and Collector Maintenance District for FY25 Page 4 of 5 Section 4 This assessment shall be levied for the fiscal year of July 1, 2024, through June 30, 2025, and be billed in October 2024 as are all other special assessments. Section 5 The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall, 121 N. Rouse Ave, Bozeman, Montana, on the 13th day of August 2024 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6 The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense of maintenance of all arterial and collector streets located within the City’s corporate limits for the fiscal year 2025, against the property on which such service was rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the time and place at which objections will be heard by the Commission to the final adoption of the Resolution. Said Notice waspublished at least five (5) days before the date set by the Commission for hearing objections and final adoption of this Resolution. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 13th day of August 2024. ____________________________ TERENCE CUNNINGHAM Mayor 297 Resolution 5609, Levying and Assessing Arterial and Collector Maintenance District for FY25 Page 5 of 5 ATTEST: ____________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 298 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5610, Establishing a 3 Percent Change to Parks and Trails Maintenance District Assessments for Fiscal Year 2024-2025 (FY25) MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: Adopt Resolution No. 5610 establishing a 3 percent change in Parks and Trails Maintenance District Assessments for FY 2025, making the assessment rate $0.028658 per assessable square foot. 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:On May 5, 2020 the Citizens of Bozeman voted to approve the creation of a Parks & Trails District in an effort to solve three major issues: deferred maintenance, operations & maintenance, and equity. The FY25 Adopted Budget includes a 3 percent change in Parks and Trails Maintenance District Assessments to support eligible district expenditures. UNRESOLVED ISSUES:N/A ALTERNATIVES:Changes to the rate approved in the FY25 Budget may require budget amendments to ensure a balanced budget. FISCAL EFFECTS:The assessment rate proposed is consistent with the FY25 Budget. The estimated annual increase to the median homeowner, on a 7,500 sq ft lot, is approximately $6.26. The total annual assessment estimated for the median homeowner is $214.94. Attachments: Resolution 5610 Parks & Trails Maintenance Dist FY25.docx Report compiled on: July 30, 2024 299 Page 1 of 5 RESOLUTION NO. 5610 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2025 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE PARKS AND TRAILS DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. WHEREAS,on May 5, 2020, the voter of the City of Bozeman approved the creation of a Parks and Trails District (the “District”); and WHEREAS, the City Commission of the City of Bozeman did on the 1st day of June, 2020, following notice and public hearing pass Commission Resolution No. 5180 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING THE CREATION OF A PARKS AND TRAILS SPECIAL DISTRICT WITHIN THE INCORPORATED LIMITS OF THE CITY OF BOZEMAN, MONTANA PURSUANT TO THE RESULTS OF THE MAY 5, 2020 ELECTION ; and WHEREAS, the City Commission of the City of Bozeman did on the 2nd day of December, 2019, following notice and public hearing regularly pass Commission Resolution No. 5053, a Resolution: (i) ordering a referendum on the creation of the District; (ii) providing the basis and method of assessing the cost against property herein assessed; and (iii) stating the City Commission will, as part of its regular budget process, estimating the total costs of the District for the following fiscal year; and WHEREAS, in accordance with Commission Resolution No. 5053, the District boundaries are the corporate limits of the City as amended from time to time by annexation; and 300 Resolution 5610, Levying and Assessing Parks and Trails District Page 2 of 5 WHEREAS, to defray the costs of the district for the coming assessment year (fiscal year 2025), the Commission must now establish an assessment to be levied for to defray the costs of the District. NOW, THEREFORE, pursuant to the provisions of said Commission Resolution No. 5053 and the laws of the State of Montana, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1 To defray the cost and expense of the District, which is hereby extended to include the City’s corporate limits including all annexed properties as of the date of this Resolution, for fiscal year 2025 the Bozeman City Commission hereby levies and assesses upon all property located within the district the respective amounts listed on Schedule A, attached hereto and by this reference made a part of this Resolution. The assessments are an amount equal to the annual cost of the programs and improvements of the District. The assessment amounts set forth on Schedule A shall be paid and collected in accordance with Commission Resolution No. 5053, and the laws of the State of Montana governing the collection of special district assessments. Failure to pay such assessment when due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments. This assessment will be billed with the 2024 Gallatin County Property Taxes and shall become delinquent at 5:01 p.m. on November 30, 2024, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2025, unless stated otherwise by Gallatin County. Section 2 The assessment basis and method of assessing the costs of the District against property herein assessed shall be as specified in Resolution No. 5053, which is hereby incorporated by this reference and made a part of this Resolution. Section 3 That the per-square-foot assessment rate in saiddistrict shall be$0.028658 per square footof actual lot area, with a limit on the maximum square footage assessed for zones as listed below. For non-conforming residences located in business and manufacturingzoning districts without any business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed. 301 Resolution 5610, Levying and Assessing Parks and Trails District Page 3 of 5 Zoning Maximum assessment square footage (Cap) R-1 15,000 sq ft R-2 15,000 sq ft R-3 15,000 sq ft R-4 15,000 sq ft R-5 15,000 sq ft RMH 8,250 sq ft/unit RS 15,000 sq ft RO No Cap on developed parcels. Cap of 15,000 sq ft on undeveloped (parcels that have no structures and have not received subdivision review.) PLI (including MSU, Schools, Govt, Hospital, & Public Owned property) 25% of total sq ft REMU; NEHMU; UMU No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Business Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Manufacturing Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Section 4 This assessment shall be levied for the fiscal year of July 1, 2024, through June 30, 2025, and be billed in October 2024 as are all other special assessments. 302 Resolution 5610, Levying and Assessing Parks and Trails District Page 4 of 5 Section 5 The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall, 121 N. Rouse Ave, Bozeman, Montana, on the 13th day of August 2024 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6 The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense of maintenance of all city owned parks and trails located within the City’s corporate limits for the fiscal year 2025, against the property on which such service was rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the time and place at which objections will be heard by the Commission to the final adoption of the Resolution. Said Notice waspublished at least five (5) days before the date set by the Commission for hearing objections and final adoption of this Resolution. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 13th day of August 2024. ____________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ____________________________________ 303 Resolution 5610, Levying and Assessing Parks and Trails District Page 5 of 5 GREG SULLIVAN City Attorney 304 Memorandum REPORT TO:City Commission FROM:Kaitlin Johnson, Budget Analyst Melissa Hodnett, Finance Director SUBJECT:Resolution 5621, Establishing Rates for Water, Wastewater, and Stormwater MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to adopted Resolution 5621. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The City Commission adopted Resolution 5600 to adopt the 2025 Biennium Budget on June 25, 2024. The budget included revenue increases for water, wastewater, and stormwater for both fiscal years (FYs) of the biennium. Proposed rates for water include 12% increases in FY25 and 10% in FY26 as presented in the 2025 Biennium Budget. Residential, single-family water rates, which make up approximately 50% of Water Fund rate revenues, were held flat beginning in FY19 until FY24. The next largest portion of water rate revenue comes from multi-family customers, which makes up approximately 25% of rate revenues and were held to a modest 1% increases over the same period of time. Rate increases adopted for water were consistent with the rate study presented to the City Commission in January 2019, and updated in FY21. Meanwhile, the cost of providing water and wastewater services continued to increase each year compared to the FY21 projections included in the study. Updated financial models are showing the need for significant rate increases to address the cost of the adopted CIP, operations, and a sustainable level of reserves over the next five years. Section 1.4 Water – Other Fees are not proposed to increase because disproportionate charges for non-emergent water shut-off and reconnection may discourage part-time residents from turning off their water during colder seasons. Wastewater rates are proposed to increase by 6% annually over the biennium. In line with water rates, residential single-family wastewater rates, which account for 25% of Wastewater Fund revenue, have been held steady from FY19 through FY24. During the same period, multi-family rates experienced a modest increase of 2%, and costs have continued to climb at a much higher rate. However, the wastewater rates proposed in this 305 resolution are lower than those recommended in the 2025 Biennium Budget. Since the budget presentations in June, the City has reviewed the ending fund balances and determined that certain funds previously deemed restricted can now be allocated for operations. This adjustment enables a more gradual implementation of rate increases before the fund balance potentially becomes negative. Stormwater is proposed to increase by 3% annually over the biennium, consistent with the 2025 Biennium Budget. Based on updated financial modeling, the inflationary increase in both fiscal years is sufficient to support the operational and capital needs of the stormwater utility over the biennium. The City has a contract with FCS Group to conduct rate and cost of service studies for the City’s water, wastewater, and stormwater utilities. Throughout and following the budget adoption process, the City and FCS have been coordinating to complete and perform a quality assurance on revenue requirements analyses for each utility. The findings of the revenue requirements analysis from FCS Group are attached and support the rates proposed. UNRESOLVED ISSUES:None ALTERNATIVES:Changes to the rates proposed in this resolution can be made by motion and are likely to require budget amendments. FISCAL EFFECTS:The estimated average residential increase is $7.88 per month in FY25 and $7.74 per month in FY26 based on 7.5 HCF consumption. Attachments: Resolution 5621.pdf Resolution 5621 Exhibit A.pdf FCS Bozeman Revenue Requirement Memo.pdf Report compiled on: August 1, 2024 306 Version February 2023 RESOLUTION 5621 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO ESTABLISH RATES FOR WATER, WASTEWATER, AND STORMWATER FOR THE CITY OF BOZEMAN WHEREAS, Section 69-7-101, MCA provides municipalities the power and authority to regulate, establish, and change, as it considers proper, rates, charges, and classifications imposed for utility services; and WHEREAS, the City Commission of the City of Bozeman following proper notice and public hearing requirements established a new rate schedule and fees for the City of Bozeman’s Water, Wastewater, and Stormwater utilities. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 The schedule of rates and fees for water, wastewater, and stormwater services for the City of Bozeman shall be as follows and replaces all previously adopted schedules: See Exhibit A. Section 2 Charges for water and wastewater services are based on a 30-day month. Charges for stormwater are based on a calendar month. Charges for water, wastewater, and stormwater services under this schedule shall be made a part of the current monthly water bill, to be shown by separate item on such bill. Separate payment of specific charges will not be accepted. Charges for all utility services must be paid at the same time; Partial payments will be applied first to wastewater, second to water, and any remainder to stormwater and solid waste. Charges for water, wastewater, and stormwater service charges become due and payable upon receipt of the bill. If any bill is not paid on or before the fifteenth day of that month, it will then become delinquent; and if water, wastewater, or stormwater charges are not paid in 307 Version February 2023 full by the fifteenth day of the following month, water service to the premises involved may be discontinued (shut-off), after a ten-day written notice. A charge of fifty dollars ($50.00) shall be made for any account requiring written utility shut-off notice. An additional charge of one hundred dollars ($100.00) shall be made for any account requiring written shut-off notice for a second time in one calendar year. An additional charge of one hundred dollars ($100.00) shall be made for reinstating a water service that has been discontinued for non-payment of water, wastewater, and/or stormwater service. Section 3 For those accounts that become delinquent, a 1.5 percent (1.5%) late fee will be assessed on the next bill. The minimum late fee shall be $1.00. Section 4 In cases where water, wastewater, or stormwater service charges under this schedule are claimed to be unfair, unreasonable, or not in proportion to charges made to other water, wastewater, or stormwater customers, the person or persons against whom such charges are made may apply to the Director of Utilities for an adjustment, stating the circumstances. The Director of Utilities , or his designated representative, may make such adjustment of the water, wastewater or stormwater charges as is deemed necessary, fair and equitable. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of August, 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: 308 Version February 2023 ___________________________________ GREG SULLIVAN City Attorney 309 Section 1 - Water Rates and Fees 1.1 Water – Metered Rates A. Service Charge Per Meter Size Current Rate FY25 FY26 5/8" or 3/4"$18.11 $20.28 $22.31 per month 1"$23.99 $26.87 $29.56 per month 1 1/4"$31.92 $35.75 $39.33 per month 1 1/2"$37.76 $42.29 $46.52 per month 2"$54.90 $61.49 $67.64 per month 3"$94.90 $106.29 $116.92 per month 4"$152.19 $170.45 $187.50 per month 6"$283.62 $317.65 $349.42 per month 8"$448.44 $502.25 $552.48 per month B. Minimum Charge (up to 2.0 HCF)Current Rate FY25 FY26 Single Family $5.38 $6.02 $6.62 per month Multi-Family $4.90 $5.48 $6.02 per month Government $9.32 $10.44 $11.48 per month MSU $6.12 $6.86 $7.54 per month Commercial $5.52 $6.18 $6.80 per month Industrial $4.24 $4.74 $5.22 per month C. Class & Charge Per HCF Used Current Rate FY25 FY26 Single Family Tier 1: 0-6 HCF $2.69 $3.01 $3.31 per month Tier 2: 6-25 HCF $3.71 $4.16 $4.58 per month Tier 3: 25-55 HCF $5.19 $5.81 $6.39 per month Tier 4: 55-90 HCF $7.78 $8.71 $9.58 per month C. Class & Charge Per HCF Used (Continued)Current Rate FY25 FY26 Multi-Family $2.45 $2.74 $3.01 per month Government $4.66 $5.22 $5.74 per month MSU $3.06 $3.43 $3.77 per month Commercial $2.76 $3.09 $3.40 per month Industrial $2.12 $2.37 $2.61 per month Drought Reserve Charge Per HCF Used Current Rate FY25 FY26 Single Family $0.09 $0.10 $0.11 Multi-Family $0.09 $0.10 $0.11 Government $0.09 $0.10 $0.11 MSU $0.09 $0.10 $0.11 Commercial $0.09 $0.10 $0.11 Industrial $0.09 $0.10 $0.11 Unit Unit Unit Unit Explanatory note: Each customer shall pay a minimum monthly bill, which includes applicable amount according to meter size (A) plus the minimum water charge (B). For water consumed in excess of 200 cubic feet, a customer shall pay the additional commodity charge (C). Resolution 5621 Exhibit A: Schedule of Rates and Fees for Water, Wastewater, and Stormwater Services Resolution 5621 Exhibit A: Schedule of Rates and Fees for Water, Wastewater, and Stormwater Services 1 310 Class & Charge Per HCF Used Stage 1 Stage 2 Stage 3 Stage 4 Single Family Tier 1: 0-6 HCF 0.0%10.0%20.0%25.0% Tier 2: 6-25 HCF 24.8%41.5%100.0%200.0% Tier 3: 25-55 HCF 24.8%41.5%100.0%200.0% Tier 4: 55-90 HCF 24.9%41.6%100.0%200.1% Multi-Family 15.6%23.8%23.8%25.0% Government 15.6%25.0%25.0%25.0% MSU 15.6%20.9%20.9%25.0% Commercial 15.6%25.0%25.0%25.0% Industrial 11.1%11.1%11.1%11.1% 1.2 Water – Flat Rates Flat Rate Customers Current Rate FY25 FY26 Single Family $76.85 $86.07 $94.68 City Park Irrigation $2,259.04 $2,530.12 $2,783.13 Fire Protection $0.00 $0.00 $0.00 Bulk, Non-potable per gallon $10.00 $11.20 $12.32 1.4 Water – Other Fees Fee Type Current Rate FY25 FY26 Non-emergency Water Shut Off $84.00 $84.00 $84.00 Non-emergency Water Reconnection $84.00 $84.00 $84.00 Section 2 - Wastewater Rates and Fees 2.1 Wastewater – Metered Rates A. Service Charge Current Rate FY25 FY26 Residential $21.93 $23.25 $24.65 per month Multi-Family $22.48 $23.83 $25.26 per month Commercial $22.48 $23.83 $25.26 per month Government $22.48 $23.83 $25.26 per month MSU $22.48 $23.83 $25.26 per month Industrial $43.66 $46.28 $49.06 per month B. Volume Charge Current Rate FY25 FY26 Residential $3.67 $3.89 $4.12 per month per HCF Multi-Family $4.08 $4.32 $4.58 per month per HCF Commercial $4.57 $4.84 $5.13 per month per HCF Government $4.41 $4.67 $4.95 per month per HCF MSU $4.75 $5.04 $5.34 per month per HCF Industrial $6.93 $7.35 $7.79 per month per HCF C. Extra Strength Waste Current Rate FY25 FY26 BOD in excess of 200 mg/L $0.42 $0.45 $0.48 per pound TSS in excess of 350 mg/L per day $0.61 $0.65 $0.69 per pound Phosphorus in excess of 5 mg/L per day $6.59 $6.99 $7.41 per pound Nitrogen in excess of 20 mg/L per day $0.58 $0.61 $0.65 per pound per month In the event of a declaration of a drought stage, the following surcharges will be imposed during the stage on the user rate: Unit Unit Unit Explanatory note: Each customer shall pay a minimum monthly bill, which includes the monthly charge (A) plus an additional charge (B). For extra strength waste, a customer shall additionally pay the extra strength charges (C). per acre per year annually per 1,000 gallons 1.3 Water – Low Income Rate Assistance Customers who apply for and qualify under the State’s Low Income Property Tax Assistance Program, as set forth in Section 15-6-134 MCA, will receive a credit equal to their monthly water service charge listed above. Resolution 5621 Exhibit A: Schedule of Rates and Fees for Water, Wastewater, and Stormwater Services 2 311 2.2 Wastewater – Unmetered Rates Unmetered Customers Current Rate FY25 FY26 All Unmetered Customers $51.86 $54.97 $58.27 per month 2.3 Wastewater - Low Income Rate Assistance Section 3 - Stormwater Rates and Fees 3.1 Stormwater – Flat Rates Flat Rate Customers Current Rate FY25 FY26 All Properties $4.53 $4.67 $4.81 per month 3.2 Stormwater – Establishment of the Impervious Area Equivalent Residential Unit (ERU) 3.3 Stormwater – Variable Rates Per ERU Current Rate FY25 FY26 All Properties Per ERU $3.76 $3.87 $3.99 per month 3.4 Stormwater – Credit for Properties with Existing Stormwater Infrastructure Existing Infrastructure Credit Current Rate FY25 FY26 Per ERU $1.70 $1.75 $1.80 per month 3.5 Stormwater – Low Income Charge Assistance All properties located within city limits with a city water meter installed shall be billed a flat rate charge per month for each water meter service. Unit Customers who apply for and qualify under the State’s Low Income Property Tax Assistance Program, as set forth in Section 15-6-134 MCA, will receive a credit equal to their monthly water service charge listed above. B. Each multi-family, commercial, business, government, or other property will be assigned a number of ERUs by dividing the amount of impervious area by 2,700 square feet. C. At no point will any property be assigned an ERU of less than 1.0. The records of impervious area will be made and kept by the City’s Stormwater Department. Unit Explanatory note: Except as noted in this section, each customer shall pay a minimum monthly bill which includes the flat rate charge (Section 3.1) plus a variable rate charge (Section 3.3). For properties that have or directly contribute to stormwater infrastructure meeting current engineering design standards, a Credit will be granted. Customers who apply for and qualify under the State's Low Income Property Tax Assistance Program, as set forth in Section 15-16-134 MCA, will receive a credit equal to their monthly stormwater flat rate charge listed above. All properties located within the city limits shall be billed a variable charge for each Equivalent Residential Unit, as determined under Section 3.2. Unit Select properties located within the city limits shall received a monthly credit (deduction) if determined to have or directly contribute to stormwater infrastructure meeting current engineering standards. Unit The records of stormwater infrastructure and determination of any associated credit will be made and kept by the City’s Stormwater Department. Properties within the city limits that do not have water meters may be assigned the flat rate charge, if it is determined that their property contains impervious area. An Equivalent Residential Unit (ERU) size of 2,700 square feet of impervious area is hereby adopted. A. Regardless of actual size, each single-family residential lot is assigned an ERU=1.0. Resolution 5621 Exhibit A: Schedule of Rates and Fees for Water, Wastewater, and Stormwater Services 3 312 |Memorandum Firm Headquarters Locations page 1 Redmond Town Center Washington | 425.867.1802 7525 166th Ave NE, Ste D-215 Oregon | 503.841.6543 Redmond, Washington 98052 Colorado | 719.284.9168 To: Melissa Hodnett, Finance Director Date: August 2024 City of Bozeman From: Brooke Tacia, Project Manager FCS CC: Angie Sanchez Virnoche, Principal FCS RE: Water, Wastewater and Stormwater Utility Revenue Requirements INTRODUCTION The City of Bozeman completes an annual revenue requirement analysis that incorporates the City’s biennial budget, five-year capital improvement program, and updates to key assumptions for each utility to determine if the rate strategy developed in prior years can be maintained or if the rate strategy must be recalibrated. The revenue requirement analysis forms the basis for a long-range operating and capital financial plan and multi-year rate management strategy. The analysis is developed by completing an operating forecast that identifies future annual operating costs and a capital funding plan that defines a strategy for funding the capital improvement needs of the City. The 2025 Biennium Budget and 2025-2029 Capital Improvement Program formed the baseline for forecasting expenditures into the future. This memo summarizes the independent review performed by FCS that included the following elements:  Review of fiscal policies and achievement of targets,  Quality check of model inputs by City,  Assessment of revenue needs for a multi-year period that includes adequate funding for operations and maintenance, debt service, and other program activities,  Projections of long-term capital needs and incorporation into a long-term funding forecast identifying if new debt service will be required. The key factors, conclusions and recommendations for each utility are summarized in this memo. 313 CITY OF BOZEMAN August 2024 Revenue Requirement Memo FCS Memorandum page 2 WATER UTILITY Exhibit 1 provides a summary of the water system revenue requirement findings. Exhibit 1: Water Utility Revenue Requirement Summary Key findings of the water system revenue requirement analysis include:  Existing revenue levels are insufficient to meet operating costs and existing debt obligations. » Operating expenses have increased faster than expected due to a volatile inflationary environment.  $114.3 million in capital investment is anticipated from 2025-2030. Capital investment figures are escalated to the date of planned construction. » New debt issuances are assumed to pay for capital improvement projects, including issuances forecast in 2025, 2027 and 2029 totaling $74.2 million in debt funding and adding $6.5 million in annual debt service.  The City is forecast to use $1.3 million in reserves between FY 2024 and FY 2025 to satisfy all forecasted operating and debt obligations.  In order to rebuild the utility’s reserves to target levels, keep up with operating expense increases and prepare for new debt obligations to fund capital infrastructure investments, rate increases are proposed at: » 12.00 percent in FY 2025, followed by 10.00 percent in FY 2026. » Longer term, the forecast shows that the utility may need 9.00 percent annual rate increases in FY 2027 and FY 2028, before dropping to inflationary level increases thereafter. » The City will continue to revisit the rate strategy annually to determine if modifications are required. With the proposed adjustments, the water utility is expected to meet its operating target of 90 days of O&M expenses in FY 2026 but will fall below the preferred capital target of 1 percent of asset values 314 CITY OF BOZEMAN August 2024 Revenue Requirement Memo FCS Memorandum page 3 in the years following the forecasted debt issuances. The City recognizes the need to bolster reserves and is working to phase-in achievement of reserve targets while mitigating rate increases for customers. Exhibit 2 provides a summary of the combined operating and capital fund balance for the water utility. Exhibit 2: Water Utility Operating and Capital Fund Balance 315 CITY OF BOZEMAN August 2024 Revenue Requirement Memo FCS Memorandum page 4 WASTEWATER UTILITY Exhibit 3 provides a summary of the wastewater system revenue requirement findings. Exhibit 3: Wastewater Utility Revenue Requirement Summary Key findings of the wastewater system revenue requirement analysis include:  Revenues at existing rates are sufficient to cover forecasted operating expenditures and existing debt service. » Operating expenses have increased faster than expected due to a volatile inflationary environment.  $58.4 million in capital investment is anticipated from 2025-2030. Capital investment figures are escalated to the date of planned construction. » New debt issuances are assumed to pay for capital improvement projects, including issuances forecast in 2025, 2027 and 2029 totaling $29.8 million in debt funding and adding $2.6 million in annual debt service.  In order to keep up with operating expense increases, and prepare for new debt obligations to fund capital infrastructure investments, while maintaining reserves and debt coverage at target levels, rate increases are proposed at: » 6.00 percent in FY 2025 and FY 2026. » Longer term, the forecast shows annual inflationary level rate increases. » The City will continue to revisit the rate strategy annually to determine if modifications are required. With the proposed adjustments, the wastewater utility is expected to meet its operating target of 90 days of O&M expenses and its capital target of 1 percent of asset values in all years of the study period. Exhibit 4 provides a summary of the combined operating and capital fund balance for the wastewater utility. 316 CITY OF BOZEMAN August 2024 Revenue Requirement Memo FCS Memorandum page 5 Exhibit 4: Wastewater Utility Operating and Capital Fund Balance 317 CITY OF BOZEMAN August 2024 Revenue Requirement Memo FCS Memorandum page 6 STORMWATER UTILITY Exhibit 5 provides a summary of the stormwater system revenue requirement findings. Exhibit 5: Stormwater Utility Revenue Requirement Summary Key findings of the stormwater system revenue requirement analysis include:  Revenues at existing rates are sufficient to cover forecasted operating expenditures and existing debt service as well as a portion of forecasted new debt service. » Operating expenses have increased faster than expected due to a volatile inflationary environment.  $7.0 million in capital investment is anticipated from 2025-2030. Capital investment figures are escalated to the date of planned construction. » New debt issuances are assumed to pay for capital improvement projects, including issuances forecast in 2025, 2027 and 2029 totaling $6.2 million in debt funding and adding $532,000 in annual debt service.  In order to keep up with operating expense increases and prepare for new debt obligations to fund capital infrastructure investments, rate increases are proposed at: » 3.00 percent annually from FY 2025 through FY 2030. » The City will continue to revisit the rate strategy annually to determine if modifications are required. With the proposed adjustments, the stormwater utility is expected to meet its operating target of 90 days of O&M expenses and its capital target of 1 percent of asset values in all years of the study period. Exhibit 6 provides a summary of the combined operating and capital fund balance for the stormwater utility. 318 CITY OF BOZEMAN August 2024 Revenue Requirement Memo FCS Memorandum page 7 Exhibit 6: Stormwater Utility Operating and Capital Fund Balance SUMMARY The analysis described above concludes the annual rate review for the water, wastewater and stormwater utilities. Each revenue requirement analysis provided an evaluation of the sufficiency of existing revenue levels in meeting annual financial obligations. A rate strategy is proposed to meet current and long-term financial obligations for each utility on a stand-alone basis. We recommend that the study findings continue to be revisited annually to verify that the assumptions used are still appropriate and no significant changes have occurred that would alter the rate strategies. The City should use the study findings as a living document, continuously comparing the study outcomes to actual revenues and expenses. Any significant or unexpected changes will require adjustments to the rate strategies proposed. 319 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director Chris Saunders, Community Development Manager Erin George, Interim Community Development Director SUBJECT:Resolution 5622, Adopting Planning Fee Schedule for FY25 and FY26 MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to adopt Resolution 5622 STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The Community Development Department leads development review for compliance with State and local land use regulations and processes. Planning department staff help applicants navigate permit processes and review applications for compliance with codes. City planning staff are also responsible for providing public notices, collecting public comments, and answering questions of the general public about applications. The City’s general financial policy is for those who generate needs for municipal services to defray those costs. As the staff supports both applicants and the general public, a portion of review cost is paid with application fees and a portion with General Fund revenue (primarily property taxes). On April 13, 2021, the City Commission adopted Resolution 5286 updating planning fees based on a fee study performed by BerryDunn and published on April 2, 2021. At the time of the study, the cost recovery percentage for current planning was 59.6%. Since 2021, the cost of providing application review services as increased at a rate higher than anticipated in the 2021 cost model. Cost recovery for 2023 was only 47.6%, and FY2024 projections indicate a 48.7% cost recovery rate. In order to lower the burden of the administrative functions of current planning on taxpayers, this resolution proposes 15% increases to planning fees for both fiscal year (FY) 2025 and FY 2026. The proposed increase is expected to generate a 57.5% cost recovery in FY26, still short of the cost recovery rate calculated in 2021. A fee study is included in the adopted 2025 Biennium Budget which will analyze any future changes that are needed to the cost recovery rates and planning fees. Any changes indicated as a result of that study will be 320 included in a future resolution. The fee schedule proposed for adoption includes many application types and a wide range of reviews that are routinely performed. The City adopts a schedule of fees that is specific to application types to pursue an equitable best fit between fees charged and resources consumed during a review. The City has created new review types, deleted review types, and state authorization for fees has changed since the fee schedule was last updated. Cost of conducting the work has also increased. Therefore, it is appropriate to update the fee schedule and increase fees to recapture a portion of the increased cost of reviews. Some application types, such as site plans, have a wide range of scope and complexity. For these kinds of applications, the City has established a scaled fee so that larger and more complex applications which require greater resources to review pay a proportionately higher fee. Scaled fees are capped to reflect the infrequency of extremely large projects and the diminishing marginal effort for each additional unit of development. Statutory limitations prevent the City from proposing increases to After the Fact Permits. Short term rental fees are also proposed to stay flat at this time, due to recent software changes that need further analysis for potential fee increases in the upcoming biennium. New fees proposed in fiscal year 2025 include a wetlands review fee, which has been added to recover costs incurred when the City’s contracted wetland biologist reviews wetland reports submitted by applicants as part of the site development process, and a Concept Review fee, which will allow the City to partially recover the costs associated with staff time to review Concept Review submittals, a preliminary step in the development review process. Staff also proposes to amend the scaled portion of the Planned Development Zone (PDZ) fee to relate to the number of exceptions requested, rather than the size of the project, which better correlates to the amount of staff time and thus the cost of staff services to review the PDZ. UNRESOLVED ISSUES:None ALTERNATIVES:The proposed increases are consistent with the adopted 2025 Biennium Budget. Changes to the rates proposed in this resolution will require budget amendments. FISCAL EFFECTS:The proposed increases are intended to improve the cost recovery rate of the current planning department and to capture additional services that are either new or not currently generating revenue. Attachments: Resolution 5622.pdf Resolution 5622 Exhibit A.pdf 321 Report compiled on: August 1, 2024 322 Version February 2023 RESOLUTION 5622 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE FEE SCHEDULE FOR THE REVIEW OF ZONING, SUBDIVISION, ANNEXATION, GROWTH POLICY PROPOSALS, AND OTHER COMMUNITY DEVELOPMENT RELATED REVIEW PROCESSES, AS ALLOWED BY SECTIONS 7-1-101, 76-1-410, 76-3-201(4), AND 76-3-602, MONTANA CODE ANNOTATED (MCA) AND SECTION 38.200.140, BOZEMAN MUNICIPAL CODE. WHEREAS, the City of Bozeman collects fees to cover a portion of the administrative costs of processing and reviewing zoning, subdivision, annexation, growth policy proposals and other planning related review processes; and WHEREAS, said fee schedule must be updated from time to time to reflect changes in City procedures, increases in costs to the City, and legislative changes at the State level; and WHEREAS, Section 76-3-201(5), MCA authorizes local governments to collect fees, not to exceed $400, to examine subdivision exemptions and Section 76-3-602, MCA authorizes local governments to establish reasonable fees, to be paid by the subdivider, to defray the expense of reviewing subdivision exemptions; and WHEREAS, the City of Bozeman is authorized to collect fees for the review of annexation, zoning growth policy proposals, and long-range planning, based on the provisions of Section 7-1-101, MCA, because state statute does not prohibit the collection of fees for annexation, zoning review and growth policy proposal review; and WHEREAS, the City of Bozeman has adopted standards for short term rentals that require expenditures for review processing for which revenues must be collected to offset; and WHEREAS, the City of Bozeman has adopted standards for building permits that 323 Version February 2023 require expenditures for review processing for zoning compliance for which revenues must be collected to offset; and WHEREAS, the City of Bozeman is authorized to collect fees for the purposes of 76-1- 102, MCA which is accomplished by development and implementation of the growth policy which fees are in addition to any other authorized review fees, based on the provisions of Section 76-1-410, MCA and the City has committed through Resolution 4112 to the growth policy contents as required; and WHEREAS, Section 38.200.140 of the Bozeman Unified Development Code states that: “The city commission must establish a schedule of fees, charges and expenses and a collection procedure for reviews, permits, appeals and other matters pertaining to his chapter. The schedule of fees for the procedures listed below will be set from time to time by the city commission by resolution. The fees must be available in the office of the community development director and may be altered or amended only by the city commission.”; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 The fee schedule for the fees, charges and expenses review of impact fee deferrals, zoning, subdivision, annexation and growth policy proposals, building permit review for zoning compliance, registration of short term rentals, and all other reviews associated with the review of applications, agreements and other reviews as specified in the Unified Development Code shall be adopted as indicated in Exhibit A, which replaces all previously adopted fees. Section 2 This fee schedule shall be in full force and effect on September 1, 2024, for Year One (fiscal year 2025) and September 1, 2025, for Year Two (fiscal year 26). Section 3 Fees may be adjusted annually for inflation, no higher than 3% administratively after the phase described in Section 2 starting September 1, 2026 (fiscal year 27). PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of August, 2024. 324 Version February 2023 ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 325 Current Base Fee Scaled fee by Project Size Current FY25 Base Fee Effective 9/1/2024 Scaled fee by Project Size Effective 9/1/2024 FY26 Base Fee Effective 9/1/2025 Scaled fee by Project Size Effective 9/1/2025 1 Pre-application Consultation with City Planners $63 per hour after initial two hours $70 per hour after initial two hours $80 per hour after initial two hours 1 Concept Review $0 $250 $250 2 Master Site Plan $2,912 $3,350 $3,850 3 $125 per Dwelling Unit (DU), not to exceed 150 DU’s; $145 per Dwelling Unit (DU), not to exceed 150 DU’s; $165 per Dwelling Unit (DU), not to exceed 150 DU’s; Non-Residential Space 0- 150,000 SF: $400 per 1,000 ft2 Non-Residential Space 0- 150,000 SF: $460 per 1,000 ft2 Non-Residential Space 0- 150,000 SF: $530 per 1,000 ft2 4 Subdivision Pre-Application (Step 1) $718 minor/ $1,372 major $55 per lot $825 minor/ $1,575 major $65 per lot $950 minor/ $1,810 major $70 per lot 5 $90 per lot subject to sketch plan; $105 per lot subject to sketch plan; $120 per lot subject to sketch plan; $40 per lot subject to site plan $45 per lot subject to site plan $50 per lot subject to site plan 6 Subdivision Final Plat (Step 3)$2,578 minor/ $4,301 major $45 per lot $2,965 minor/ $4,945 major $50 per lot $3,410 minor/ $5,685 major $60 per lot 7 Subdivision Exemption $200 $230 $265 8 Condominium Review (Independent of site development process) $267 $305 $350 Pre-Application Consultation - If these charges are incurred, the fees must be paid prior to final project approval. Concept Review Site Development $4,180 $3,161 $2,912 minor/ $4,634 major FY25 and FY26 Fee Schedule for Planning Fees Pursuant to City Commission Resolution 5622 (August 2024) Application Type Planning Review Applications $3,350 minor/ $5,330 major $3,850 minor/ $6,130 major Subdivision Preliminary Plat (Step 2) Site Plan $3,635 Subdivision Development Resolution 5622 Exhibit A: FY25 and FY26 Fee Schedule for Planning Fees 1 326 Current Base Fee Scaled fee by Project Size Current FY25 Base Fee Effective 9/1/2024 Scaled fee by Project Size Effective 9/1/2024 FY26 Base Fee Effective 9/1/2025 Scaled fee by Project Size Effective 9/1/2025 9 PDZ Concept Plan (Step 1)$2,236 $2,570 $2,955 $50 per DU not to exceed 150, $150 per 1,000 square feet not to exceed 150,000 $100 per DU not to exceed 150, Non-residential space 0-150,000 square footage $400 per 1,000 square feet 11 PDZ Final Plan (Step 3)$2,054 $50 per DU, $150 per 1,000 square feet of non- residential space $2,360 $100 per requested exception $2,715 $100 per requested exception 12 Annexation (Including Initial Zone Map Amendment)$2,513 $2,890 $3,325 13 Appeal of Administrative Interpretation $1,168 $1,345 $1,545 14 Appeal of Administrative Project Decision $2,399 $2,760 $3,175 15 Commercial Reuse $203 $235 $270 16 Commercial/Non-Residential COA (Independent of a Site Plan or Reuse application) $547 $630 $725 17 Historic Neighborhood (NCOD) Design Review / Residential COA (both new applications and renewals) $193 $220 $255 Application Type Appeals PDZ Preliminary Plan (Step 2)10 $2,570 $2,955 $100 per requested exception $3,400 $100 per requested exception *Planned Development Zone (PDZ) *Ordinance 2104 repealed and replaced Planned Unit Developments (PUD’s) with Planned Development Zones (PDZ) effective 10/24/2022. Annexation Zoning Reviews & Design Reviews Resolution 5622 Exhibit A: FY25 and FY26 Fee Schedule for Planning Fees 2 327 Current Base Fee Scaled fee by Project Size Current FY25 Base Fee Effective 9/1/2024 Scaled fee by Project Size Effective 9/1/2024 FY26 Base Fee Effective 9/1/2025 Scaled fee by Project Size Effective 9/1/2025 18 Informal Review (per Board)$441 $505 $580 19 Zoning Deviation, Departure, or Variance $353 each $405 each $465 each 20 Zoning Variance or Subdivision Variance – independent $2,671 $3,070 $3,530 21 Special Use Permit (SUP)$1,795 $2,065 $2,375 22 Special Temporary Use Permit $269 per week $310 per week $355 per week 23 Comprehensive Sign Plan Review $360 $415 $475 24 Zoning Verification Single Household/Duplex $113 per geocode/parcel $130 per geocode/parcel $150 per geocode/parcel All other property types $258 per geocode/parcel $295 per geocode/parcel $340 per geocode/parcel Expedited Letters (less than 15 business days) $258 additional per geocode/parcel $295 additional per geocode/parcel $340 additional per geocode/parcel 25 Wetlands Review N/A $250 $250 26 Regulated Activities in Wetlands No Fee No fee No fee 26 Zoning Map Amendment (non-Annexation)$2,912 $3,350 $3,850 27 UDC Text Amendment $2,644 $3,040 $3,495 28 Growth Policy Amendment $4,634 $5,330 $6,130 29 After the Fact Permit $350 in addition to all other applicable fees $500 in addition to all other applicable fees $500 in addition to all other applicable fees 30 3rd and Subsequent Submission of Revised Materials 1/4 of total original application fee 1/4 of total original application fee 1/4 of total original application fee 31 Modification / Amendment to Approved Plan $330 $380 $435 32 3rd or Subsequent Occupancy Site Inspection $145 $165 $190 33 Extension to Approved Plan $412 $475 $545 Application Type Zoning Reviews & Design Reviews Continued Penalty / Special Consideration Fees - If these charges are incurred, the fees must be paid prior to final project approval. Regulatory Changes Resolution 5622 Exhibit A: FY25 and FY26 Fee Schedule for Planning Fees 3 328 Current Base Fee Scaled fee by Project Size Current FY25 Base Fee Effective 9/1/2024 Scaled fee by Project Size Effective 9/1/2024 FY26 Base Fee Effective 9/1/2025 Scaled fee by Project Size Effective 9/1/2025 34 Initial Improvements Agreement (IA) $582 OR 1% of face value (1.5 times estimate(s)), whichever is greater $670 OR 1% of face value (1.5 times estimate(s)), whichever is greater $770 OR 1% of face value (1.5 times estimate(s)), whichever is greater 35 Reduction in Security (other than final)$288 $330 $380 36 Impact Fee Deferral $77 $90 $105 Permit Type Sign Permit Review Residential Building Permit Review Commercial/Industrial Building Permit Review Action Fee Current Fee (Effective 9/1/2024) Fee (Effective 9/1/2025) Short Term Rental Registration $250 $250 $250 Fire Inspection $225 $225 $225 Application Type Penalty / Special Consideration Fees Continued These fees will be assessed and collected by the Department of Community Development as part of the registration process. Registration is required annually. A zoning review may be required in addition. $70 $145 $200 if in Overlay District; $40 all others $80 Registration and Inspection Fees for Short Term Rentals $152 if in Overlay District; $31 all others $60 $127 These fees will be assessed and collected by the Building Division as part of the permitting process. No planning application is needed. Planning Review Fee (Effective 9/1/2024) Planning Review Fee (Effective 9/1/2025) $175 if in Overlay District; $35 all others $165 Planning Review Fee Current Planning Review Fees for Building & Sign Permits Abbreviations: UDC = Unified Development Code; DU = Dwelling Unit; COA = Certificate of Appropriateness; NCOD = Neighborhood Conservation Overlay District; Resolution 5622 Exhibit A: FY25 and FY26 Fee Schedule for Planning Fees 4 329 Memorandum REPORT TO:City Commission FROM:Shana Wold, Accountant II Melissa Hodnett, Finance Director SUBJECT:Resolution 5625, Levy of Special Assessment for Special Improvement District (SID) 762 MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to adopt Resolution 5625 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:On March 2, 2021 the City Commission adopted Resolution 5250, creating Special Improvement District 762 for the purpose of undertaking certain local improvements in and about South 6th Avenue between Babcock Street and Cleveland Street, financing the costs thereof and incidental thereto through the issuance of municipal warrants. Adoption of Resolution 5625 will levy the assessment upon all benefited properties located within the District, using as a basis of assessment the lot frontage method. This action requires a public hearing. Notice of this hearing, at which objections to the adoption of Resolution 5625 will be heard, was published and mailed to the owners of property within the District in accordance with 7-12-4177, Montana Code Annotated. UNRESOLVED ISSUES:None ALTERNATIVES:If the levy of the special assessment was not approved, a budget amendment would be required to fund the $781,129.98 with an alternate funding source. FISCAL EFFECTS:The actual cost of said improvements to be assessed against the properties within SID 762 amounts to $781,129.98 and is to be paid over twenty years. Attachments: Resolution_5625_SID_762_Levy_of_Special_Assessment 330 (1).pdf Exhibit A_Property-Detail.pdf Report compiled on: July 19, 2024 331 Version February 2023 Page 1 of 3 RESOLUTION 5625 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING A SPECIAL ASSESSMENT UPON ALL PROPERTY SITUATED WITHIN SPECIAL IMPROVEMENT DISTRICT NO. 762 IN THE TOTAL AMOUNT OF $781,129.98 TO DEFRAY THE COST OF MAKING THE IMPROVEMENTS IN SAID SPECIAL IMPROVEMENT DISTRICT PURSUANT TO RESOLUTION NUMBER 5250 CREATING THE DISTRICT. WHEREAS, the City Commission of the City of Bozeman, Montana did create Special Improvement District 762 (the “District”) and thereby ordered and directed to finance the costs of various improvements within the District improvements as specified in Resolution No. 5250 (the “Improvements”); and WHEREAS, the actual cost of said Improvements to be assessed against the properties within the District amounts to the sum of $781,129.98 is to be paid over a period of twenty (20) years by property located within the District; and WHEREAS, the Bozeman City Commission on March 2, 2021 adopted Resolution 5259, authorizing an Interfund Loan through the transfer of excess monies of the Special Improvement District Revolving Fund (the “Revolving Fund”) to the Street Reconstruction Fund to purchase warrants (the “Warrants”) to make funds available to finance the District’s share of the costs of the Improvements including the Incidental Costs (“District’s Share of Improvements”), such Warrants to be held by the Street Reconstruction Fund and drawn against the SID 762 S. 6th Special Assessment Fund (the “Special Assessment Fund”); and WHEREAS, in accordance with 7-12-4176 – 7-12-4179, MCA, 7-12-4183, MCA, the properties located in the District are to be assessed bi-annually to defray the District’s Share of Improvements; each lot, tract, piece, or parcel of land to be assessed for its proportionate share of the whole of the District’s Share of the Improvements based on the formula set forth in the resolution of intent to create the District; and 332 Version February 2023 Page 2 of 3 WHEREAS, the City Clerk published notice of resolution for levy and assessment in the Bozeman Daily Chronicle on July 27, 2024 and August 3, 2024 and sent mail notices to the owners of each lot, tract, piece, or parcel of land to be assessed in accordance with 7-12-4177, MCA; and WHEREAS, the City Commission conducted a public hearing on the resolution for levy and assessment on August 13, 2024 in accordance with 7-12-4178, MCA. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana as follows: Section 1 To defray the costs and expense of making said improvements in the District, the City of Bozeman hereby levies and assesses a tax upon all property situated within the District in the respective amounts listed on Exhibit A attached, which is hereby incorporated herein and made a part hereof. The special assessments for the costs of the Improvements shall be levied and assessed in accordance with the method of assessments referred to in the resolution of intention. Such assessments shall be payable over a term not exceeding twenty (20) years, each in substantially equal semiannual payments of principal and interest. The special assessments shall bear interest from the Interfund Loan authorized in Resolution No. 5259 until paid at an annual rate of 2.0%. Property owners shall have the right to prepay the special assessments as provided by law. Section 2 The Commission hereby ratifies and confirms that the assessment of costs of the specific Improvements against the property benefitted thereby as prescribed by the resolution of intention is equitable and in proportion to and not exceeding the special benefits derived from the Improvements by the parcel to be assessed therefor within the District, and the special assessments authorized by this resolution are in accordance with the methods and do not exceed the amounts prescribed by the resolution of intention. Section 3 The assessments for the District which are listed in the City Treasurer’s assessment book are due and payable to the City Treasurer of the City of Bozeman and will become delinquent at 5pm on November 30th and May 31st of each year until they are paid in full. 333 Version February 2023 Page 3 of 3 Section 4 This resolution shall be kept on file in the office of the City Clerk and shall be open to public inspection. 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____. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 334 EXHIBIT A Property Address LID Property Owner Property Owner 2 Mailing Address City State S 6th Frontage (LF) Assessment Amt Zip Code 522 W Babcock St 7060 Lohss, Sharon S 6450 S 3rd Ave Bozeman MT 127.8 18,028.75$ 59715-8352114 S 6th Ave 6650 Morgan, Kelly H 114 S 6th Ave Bozeman MT 75 10,580.25$ 59715-4557 521 W Olive St 6710 521 West Olive LLC 171 Duane St Apt #2 New York NY 100 14,107.00$ 10013-3354 522 W Olive St 7910 Cosgrove, Patricia A Pessl, Erich 522 W Olive St Bozeman MT 124.7 17,591.43$ 59715-4550 214 S 6th Ave 7880 James Cohen Trust 11841 Gee Norman Rd Belgrade MT 70.27 9,912.99$ 59714218 S 6th Ave 7840 Bullock, Robert E & Deborah L 218 S 6th Ave Bozeman MT 54.73 7,720.76$ 59715-4559 224 S 6th Ave 7770 Reetz, Kevin & Chelsea 224 S 6th Ave Bozeman MT 50 7,053.50$ 59715 302 S 6th Ave 85930 302 South 6th Avenue LLC 240 Maplewood Rd Riverside IL 62.5 8,816.88$ 60546 308 S 6th Ave 7680 Smith, Stacie A & Petersen, Bryan 614 N Black Ave Bozeman MT 50 7,053.50$ 59715-4561 312 S 6th Ave 7660 Harvey-Taylor, Brook PO Box 567 Los Olivos CA 50 7,053.50$ 93441 316 S 6th Ave 7630 Hartnett, Brett A & Sallie Jane 10553 S Coyote Melon LP Vail AZ 50 7,053.50$ 85641 320 S 6th Ave 7600 Brennan, Scott R 320 S 6th Ave Bozeman MT 37.5 5,290.13$ 59771-0685 517 W Koch St 7580 Laurelli, Alexandra 517 W Koch St Bozeman MT 50 7,053.50$ 59715-4571 404 S 6th Ave 7550 Prugh, W Lisa 404 S 6th Ave Bozeman MT 75 10,580.25$ 59715-4562 408 S 6th Ave 7510 Schroeder, David Edward 408 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4562 412 S 6th Ave 7490 Macevicz, Stephen C Phillips, Cynthia 412 S 6th Ave Bozeman MT 50 7,053.50$ 59715-5265 416 S 6th Ave 7460 Johnson, Martin & Gulbranson, Lexi 416 S 6th Ave Bozeman MT 62.5 8,816.88$ 59715-4562 422 S 6th Ave 7440 Pohl, Richard & Mary Sue 422 S 6th Ave Bozeman MT 62.5 8,816.88$ 59715-4562 502-504 S 6th Ave 7420 Stanley, Laura Living Trust 502 S 6th Ave Bozeman MT 100 14,107.00$ 59715-4549 510 S 6th Ave 7390 Sylvis, Russell Atkinson, Kathryn 510 S 6th Ave Bozeman MT 62.5 8,816.88$ 59715-4564 516 S 6th Ave 7330 Kirchhoff, Steve & Colette 516 S 6th Ave Bozeman MT 75 10,580.25$ 59715-4564 522 S 6th Ave 7310 Burrows, Susan 522 S 6th Ave Bozeman MT 62.5 8,816.88$ 59715-4564602 S 6th Ave 7290 Smith, Billy G Maskiell, Michelle 602 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4566 606 S 6th Ave 7250 Farrington, Charles A 606 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4566 610 S 6th Ave 7210 Mercer, David & Serena 922 S 3rd Ave Bozeman MT 50 7,053.50$ 59715-5261 614 S 6th Ave 8140 Breuckman, Zebadiah 430 E Lincoln St Bozeman MT 50 7,053.50$ 59715620 S 6th Ave 8130 Reichmuth, Ediltrudis 622 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4566 622 S 6th Ave 8120 Reichmuth, Ediltrudis 622 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4566 702 S 6th Ave 8110 Hannan, Erich & Molly 702 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4568 706 S 6th Ave 8060 Cheever, Daniel & Karen Rev Living Trust 16044 NW Telshire Dr Beaverton OR 50 7,053.50$ 97006-7273712 S 6th Ave 20090 Ohs, Brian Timothy 712 S 6th Ave Bozeman MT 51 7,194.57$ 59715 716 S 6th Ave 8040 Frost, Mary L Kerin, Richard T 609 S 6th Ave Bozeman MT 49 6,912.43$ 59715 720 S 6th Ave 8020 Stucky, Roger 425 22nd Ave Apt 7 San Francisco CA 50 7,053.50$ 94121 726 S 6th Ave 8000 Spinelli, Michael & Cindi 726 S 6th Ave Bozeman MT 103.17 14,554.19$ 59715-4568 522 W College St 13540 Fleming, Jeni Ramseth, Mark & Carol L 522 W College St Bozeman MT 42.5 5,995.48$ 59715-5126 806 S 6th Ave 13500 Nelson, Faye & Wyatt 806 S 6th Ave Bozeman MT 37.5 5,290.13$ 59715-5132 808 S 6th Ave 13470 Noyes, Eric & Shaw, Juliette 808 S 6th Ave Bozeman MT 50 7,053.50$ 59715-5132 814 S 6th Ave 13450 Kollin, Susan & Flory, Daniel 814 S 6th Ave Bozeman MT 50 7,053.50$ 59715-5132 818 S 6th Ave 13440 Johnson, Erick & Dunlop, Catherine 818 S 6th Ave Bozeman MT 50 7,053.50$ 59715-5132 525 W Harrison St 62900 Scharf, Danielle Scarf, Ryan Charles 525 W Harrison St Bozeman MT 100 14,107.00$ 59715-9564 902 S 6th Ave 13420 Mitchell, Dana 3322 S 29th Ave Bozeman MT 37.5 5,290.13$ 59718 906 S 6th Ave 13410 Crayton, Robert & Cynthia Rev Living Trust 4027 Bridger Canyon Rd Bozeman MT 37.5 5,290.13$ 59715-8433 910 S 6th Ave 13400 Musselman, Jeffrey & Heather 910 S 6th Ave Bozeman MT 75 10,580.25$ 59715-5134 521 W Cleveland St 13390 Davenport, Stephen & Nancy 2820 Arcona Rd Mechanicsburg PA 135.91 19,172.82$ 17055-5905 516 W Grant St - No TX 168040 MSU - CDPC - Plew Building 6th & Grant St; Attn: Richard Rudnicki PO Box 172760 Bozeman MT 300 42,321.00$ 59717-2760 823 S 6th Ave 10280 Henesh, Penny S PO Box 11002 Belgrade MT 75 10,580.25$ 59719 819 S 6th Ave 10250 Wunsch, Andrew & Michele 819 S 6th Ave Bozeman MT 50 7,053.50$ 59715-5131815 S 6th Ave 10240 Currie, Carrie L L & Matt I 16330 Shannon Rd Los Gatos CA 50 7,053.50$ 95032 811 S 6th Ave 10200 Timmer, James & Joanne 811 S 6th Ave Bozeman MT 50 7,053.50$ 59715-5131 807 S 6th Ave 10150 Sands, Claire & Baker, Benjamin 807 S 6th Ave Bozeman MT 53 7,476.71$ 59715-5131 801 S 6th Ave 10120 Taylor, Leslie 801 S 6th Ave Bozeman MT 47 6,630.29$ 59715-5131725 S 6th Ave 10100 Finger, Stephen N & Nicole PO Box 3515 Telluride CO 53.2 7,504.92$ 81435 335 EXHIBIT A Property Address LID Property Owner Property Owner 2 Mailing Address City State S 6th Frontage (LF) Assessment Amt Zip Code 721 S 6th Ave 10060 Paxton, John T 721 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4567719 S 6th Ave 8030 Ekey, Robert & Thomas, Kristine 719 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4567 715 S 6th Ave 8010 Selby, Corrine J 709 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4567 709 S 6th Ave 7990 Selby, Corrine J 709 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4567 705 S 6th Ave 7960 Smith, Gordon Aliaga, Nicole 1627 W Main St #375 Bozeman MT 50 7,053.50$ 59715-4567701 S 6th Ave 7940 Cross, James & Monica PO Box 1942 Bozeman MT 50 7,053.50$ 59771-6009 621 S 6th Ave 7890 Keith, Garnett L Jr Attn: G Choong PO Box 500 Lexington MA 50 7,053.50$ 02420-0005 617 S 6th Ave 7860 Moore, Colleen 617 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4565 613 S 6th Ave 7830 Donahoe, Patrick 613 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4565 609 S 6th Ave 7810 Kerin, Richard & Frost, Mary 609 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4565 605 S 6th Ave 7780 Macevicz, Stephen C Phillips, Cynthia 412 S 6th Ave Bozeman MT 50 7,053.50$ 59715-5265 601 S 6th Ave 7760 Vallor, Gregory & Rosanna 601 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4565 521 S 6th Ave 7740 O'Neill, Stephen & Sally 521 S 6th Ave Bozeman MT 75 10,580.25$ 59715-4563 515 S 6th Ave 7720 Bishop, Lila M 515 S 6th Ave Bozeman MT 75 10,580.25$ 59715-4563 602 W Story St 7650 Colon, Suzanne 602 W Story St Bozeman MT 130 18,339.10$ 59715-4401 Cooper Park 133120 City of Bozeman PO Box 1230 Bozeman MT 300 42,321.00$ 59771 321 S 6th Ave 7590 Fuller, Holly 321 S 6th Ave Bozeman MT 54.5 7,688.32$ 59715-4560 317 S 6th Ave 7560 Running, Alice 317 S 6th Ave Bozeman MT 54 7,617.78$ 59715-4560 313 S 6th Ave 7530 Landis, David & Jacquelyn 313 S 6th Ave Bozeman MT 66 9,310.62$ 59715-4560 309 S 6th Ave 7520 Hamilton, Marty & Mary Rev Living Trust 309 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4560 303 S 6th Ave 7500 Bode, Dwight & Pamela 303 S 6th Ave Apt C Bozeman MT 75 10,580.25$ 59715 221 S 6th Ave 7470 Kasper, Karl & Deborah 221 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4558 217 S 6th Ave 7400 Haggerty, Mark & Julia 217 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4558 215 S 6th Ave 7370 Haggerty, Mark & Julia 217 S 6th Ave Bozeman MT 50 7,053.50$ 59715-4558 209 S 6th Ave 7350 Ryen, Joyce 209 S 6th Ave Bozeman MT 75 10,580.25$ 59715-4558 201 S 6th Ave 7980 Dalton, Joseph & Lora 201 S 6th Ave Bozeman MT 75 10,580.25$ 59715-4558125 S 6th Ave 6470 Pickard, Cory & Ronda & Finch, Sharon 410 W Curtiss St Bozeman MT 50 7,053.50$ 59715 119 S 6th Ave 6550 Pruden, Alexander & Lindsay 119 S 6th Ave Bozeman MT 85 11,990.95$ 59715 113 S 6th Ave 6610 Eller, Scott Hamilton, Katrina 113 S 6th Ave Bozeman MT 45 6,348.15$ 59715-4556 101 S 6th Ave 7070 Harris Brothers LLC PO Box 1732 Bozeman MT 127.9 18,042.85$ 59771-1732 Total Accessable LF 5537.18 Assessement Amount 141.07$ Total Assessment 781,129.98$ 336 Memorandum REPORT TO:City Commission FROM:Kaitlin Johnson, Budget Analyst Melissa Hodnett, Finance Director SUBJECT:Resolution 5627, Establishing Rates and Fees for Solid Waste MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to adopt Resolution 5627 STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The City Commission adopted Resolution 5600 to adopt the 2025 Biennium Budget on June 25, 2024. The budget included rate increases for solid waste services for both fiscal years (FYs) of the biennium. Proposed rates for solid waste are consistent with those presented during the budget adoption process. The City Commission approved the current solid waste rates on August 22, 2023, after reviewing the consultant’s findings from the previous solid waste rate study. Since that time, the City engaged a new consultant, FCS Group, to conduct a comprehensive revenue requirement analysis and cost-of-service analysis. This effort is concurrent with their ongoing studies on water, wastewater, and stormwater rates. The project schedule includes the City’s internal review of revenue requirements in October and the cost-of-service analysis in November or December. Final findings from the consultant are anticipated to be presented to Commission in Spring 2025.Resolution 5627 outlines proposed solid waste rate increases of 10% for FY25 and 6% for FY26. Exceptions to these increases apply to charges for additional services such as extra bags, additional pickups, tote cleaning and delivery fees, and special event charges. Staff has conducted an internal analysis and determined that current fees adequately cover the costs associated with providing these additional services. Proposed increases for commercial roll-off rates differ slightly from the general rate adjustments. The rates adopted on August 22, 2023, included a 60% increase in commercial roll-off pull fees. Acknowledging this significant increase in the last year, the proposal for commercial roll-off fees suggests maintaining current pull fees and instead adjusting disposal charges, 337 historically set at the actual cost to dispose of containers at the landfill. The proposed fee resolution also includes new rates to cover the cost of providing an organics program, which is set at $10/month for FY25 and $12/month for FY26. The City received an EPA grant of $1.6 million primarily to support the capital purchases necessary to begin an organics program. The City anticipates beginning organics collection in spring of next year. UNRESOLVED ISSUES:None ALTERNATIVES:The proposed increases are consistent with the adopted 2025 Biennium Budget. Changes to the rates proposed in this resolution will require budget amendments. FISCAL EFFECTS:Under Resolution 5627, solid waste rates are proposed beginning with bills due September 15, 2024 (fiscal year (FY) 25) and September 15, 2025 (FY26). The proposed increase to fees is 10% for FY25 and 6% for FY26. Attachments: Resolution 5627.pdf Resolution 5627 Exhibit A.pdf Report compiled on: August 1, 2024 338 Version February 2023 RESOLUTION 5627 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO ESTABLISH RATES AND FEES FOR SOLID WASTE SERVICE FOR THE CITY OF BOZEMAN WHEREAS, Section 7-13-4108, MCA provides municipalities operating a solid waste management system the authority to charge its solid waste customers for services rendered either by rates, rentals, and charges or by levy; and WHEREAS, Section 7-13-4108, MCA provides the governing body the authority to fix, establish, and adjust, by ordinance or resolution, and collect rates, rentals, and charges for services, facilities, and benefits directly or indirectly afforded by the system; and WHEREAS, the City Commission of the City of Bozeman following proper notice and public hearing requirements established a new rate schedule and fees for the City of Bozeman’s Solid Waste service. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 The schedule of rates and fees for solid waste services for the City of Bozeman shall be adopted as indicated in Exhibit A, which replaces all previously adopted fee schedules. Section 2 Charges for solid waste are based on a calendar month. Charges for solid waste services under this schedule shall be made a part of the current monthly utility bill, to be shown as a separate item on such bill. Separate payment of specific charges will not be accepted. Charges for all utility services must be paid at the same time. Partial payments will be applied first to wastewater, second to water, and any remainder to stormwater and solid waste. second, stormwater third, and solid waste last. 339 Version February 2023 Charges for solid waste service become due and payable upon receipt of the bill. If any bill is not paid on or before the fifteenth day of that month, it will then become delinquent. If solid waste charges are not paid in full by the fifteenth day of the following month, solid waste service to the premises involved may be discontinued, after a ten-day written notice. Section 3 For those accounts that become delinquent, a 1.5 percent (1.5%) late fee will be assessed on the next bill. The minimum late fee shall be $1.00. Section 4 In cases where solid waste service charges under this schedule are claimed to be unfair, unreasonable, or not in proportion to charges made to other solid waste customers, the person or persons against whom such charges are made may apply to the Director of Transportation and Engineering for an adjustment, stating the circumstances. The Director of Transportation and Engineering, or his designated representative, may make such adjustment of the solid waste charges as is deemed necessary, fair and equitable. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of August, 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 340 Section 1 - Solid Waste Rates and Fees 1.1 Solid Waste - Residential Rates Trash Current Rate FY25 FY26 35 Gallon (Monthly Collection)$12.10 $13.31 $14.11 per month 35 Gallon Weekly $16.26 $17.89 $18.96 per month 45 Gallon Weekly $16.26 $17.89 $18.96 per month 65 Gallon Weekly $23.36 $25.70 $27.24 per month 100 Gallon Weekly $29.94 $32.93 $34.91 per month 220 Gallon Weekly $50.00 $55.00 $58.30 per month 300 Gallon Weekly $62.68 $68.95 $73.09 per month 450 Gallon Weekly $90.31 $99.34 $105.30 per month Bear Resistant 65 Gallon Weekly $28.36 $31.20 $33.07 per month 100 Gallon Weekly $34.94 $38.43 $40.74 per month Recycling Current Rate FY25 FY26 65 Gallon Every Other Week $11.12 $12.23 $12.96 per month 100 Gallon Every Other Week $11.12 $12.23 $12.96 per month 300 Gallon Every Other Week $17.30 $19.03 $20.17 per month Organics Current Rate FY25 FY26 45 Gallon Weekly N/A $10.00 $12.00 per month 100 Gallon Weekly N/A $10.00 $12.00 per month Additional Services Current Rate FY25 FY26 Extra Refuse Bags $5.00 $5.00 $5.00 per bag Extra Pick-up $20.00 $20.00 $20.00 per pick-up Bulk Item Collection $20.00 $20.00 $20.00 per item Clean Tote Swap Charge $20.00 $20.00 $20.00 per swap Tote Delivery Fee $7.00 $7.00 $7.00 per delivery Extra Recycling $10.00 $10.00 $10.00 per pick-up Special Event Charge $140.00 $140.00 $140.00 per event Special Event Charge per Tote $5.00 $5.00 $5.00 per day Freon Removal $40.00 $40.00 $40.00 per unit Deposit for Tenant Current Rate FY25 FY26 35/45 Gallon $62.00 $68.00 $72.00 one-time 65 Gallon $84.00 $92.00 $98.00 one-time 100 Gallon $112.00 $123.00 $130.00 one-time Recycling $45.00 $50.00 $53.00 one-time Commercial Dumpster Current Rate FY25 FY26 2 Cubic Yards $57.45 $63.20 $66.99 per month 3 Cubic Yards $60.89 $66.98 $71.00 per month 4 Cubic Yards $67.02 $73.72 $78.14 per month 6 Cubic Yards $74.74 $82.21 $87.14 per month 8 Cubic Yards $84.09 $92.50 $98.05 per month Resolution 5627 Exhibit A: Schedule of Rates and Fees for Solid Waste Services Unit 1.2 Solid Waste - Commercial Rates Unit Collection Twice per Month Resolution 5627 Exhibit A: Schedule of Rates and Fees for Solid Waste Services 1 341 Commercial Dumpster (Continued)Current Rate FY25 FY26 2 Cubic Yards $124.37 $136.81 $145.02 per month 3 Cubic Yards $131.77 $144.95 $153.65 per month 4 Cubic Yards $145.07 $159.58 $169.15 per month 6 Cubic Yards $156.93 $172.62 $182.98 per month 8 Cubic Yards $167.90 $184.69 $195.77 per month 2 Cubic Yards $215.90 $237.49 $251.74 per month 3 Cubic Yards $243.86 $268.25 $284.35 per month 4 Cubic Yards $271.82 $299.00 $316.94 per month 6 Cubic Yards $301.34 $331.47 $351.36 per month 8 Cubic Yards $328.00 $360.80 $382.45 per month 2 Cubic Yards $307.43 $338.17 $358.46 per month 3 Cubic Yards $348.88 $383.77 $406.80 per month 4 Cubic Yards $391.31 $430.44 $456.27 per month 6 Cubic Yards $445.74 $490.31 $519.73 per month 8 Cubic Yards $488.08 $536.89 $569.10 per month 2 Cubic Yards $398.96 $438.86 $465.19 per month 3 Cubic Yards $454.88 $500.37 $530.39 per month 4 Cubic Yards $510.77 $561.85 $595.56 per month 6 Cubic Yards $592.95 $652.25 $691.39 per month 8 Cubic Yards $648.16 $712.98 $755.76 per month 2 Cubic Yards $490.48 $539.53 $571.90 per month 3 Cubic Yards $560.38 $616.42 $653.41 per month 4 Cubic Yards $630.28 $693.31 $734.91 per month 6 Cubic Yards $733.38 $806.72 $855.12 per month 8 Cubic Yards $808.23 $889.05 $942.39 per month 2 Cubic Yards $582.00 $640.20 $678.61 per month 3 Cubic Yards $665.89 $732.48 $776.43 per month 4 Cubic Yards $749.76 $824.74 $874.22 per month 6 Cubic Yards $873.80 $961.18 $1,018.85 per month 8 Cubic Yards $951.60 $1,046.76 $1,109.57 per month Commercial Cardboard Recycling (5YD)Current Rate FY25 FY26 Twice per Month $16.73 $18.40 $19.50 per month 1 Collection per Week $36.23 $39.85 $42.24 per month 2 Collections per Week $72.46 $79.71 $84.49 per month 3 Collections per Week $108.69 $119.56 $126.73 per month 4 Collections per Week $144.92 $159.41 $168.97 per month 5 Collections per Week $181.15 $199.27 $211.23 per month 6 Collections per Week $217.38 $239.12 $253.47 per month 6 Collections per Week Unit 1 Collection per Week 2 Collections per Week 3 Collections per Week 4 Collections per Week 5 Collections per Week Unit Resolution 5627 Exhibit A: Schedule of Rates and Fees for Solid Waste Services 2 342 Commercial Roll-Off Current Rate FY25 FY26 Container Pull $400.00 $400.00 $424.00 per pull Yard Waste Pull $216.00 $216.00 $229.00 per pull Water Reclamation Facility Pull $272.00 $272.00 $288.00 per pull Disposal for MSW (Municipal Solid Waste)$27.00 $37.00 $39.00 per ton Disposal for Light Construction $48.00 $58.00 $61.00 per ton Disposal for Heavy Construction $58.00 $68.00 $72.00 per ton 1.3 Solid Waste - Temporary Dumpster Commercial Dumpster Current Rate FY25 FY26 Yard Waste $45.00 $50.00 $53.00 per container Household Waste ($40 minimum)$16.00 $18.00 $19.00 per cubic yard Construction Waste ($40 minimum)$32.00 $35.00 $37.00 per cubic yard Unit Unit Resolution 5627 Exhibit A: Schedule of Rates and Fees for Solid Waste Services 3 343 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director Chris Saunders, Community Development Manager Erin George, Interim Community Development Director SUBJECT:Resolution 5628, Adopting the Fee Schedule for Business Licenses MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: I move to adopt Resolution 5628 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:Bozeman Municipal Code Chapter 12 - Business Licensing includes authorization for administrative fees, adopted by resolution of the City Commission, to defray the costs of administering the business licensing program. Resolution 4855, adopted by the City Commission in 2017, included one standard fee of $50 annually for most business types. The cost of administering the program has increased between 2017 and 2024. The proposed adjustment to $75 annually aims to balance expenses for businesses and the funding required to manage the program effectively. Resolution 5268 presented tonight also proposes to consolidate a number of different business license fees that were initially adopted by separate resolutions. No increases to current fees are proposed. The mobile vending fee has been consolidated after initial adoption in 2017 under Resolution 4766. Marijuana Business Licenses were adopted in 2021 by Resolution 5348. These fees were set based on the additional review level required for these businesses. The City issued 2,350 business licenses in calendar year 2023. Occupations that require licensing through the state such as engineers or medical professionals are not required to obtain a city business license, in accordance with state law. Community Development uses both in person and online access to renew business licenses. UNRESOLVED ISSUES:None 344 ALTERNATIVES:As determined by City Commission FISCAL EFFECTS:The recommended fee schedule is anticipated to result in improved cost recovery for processing of business licensing. Revenue results will vary based on application volume. Attachments: Resolution 5628.pdf Report compiled on: August 1, 2024 345 Version February 2023 RESOLUTION 5628 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE FEE SCHEDULE FOR BUSINESS LICENSES, AS AUTHORIZED BY SECTION 7-21- 4101, MONTANA CODE ANNOTATED (MCA) AND CHAPTER 12, BOZEMAN MUNICIPAL CODE. WHEREAS, Section 7-21-4101, MCA authorizes local governments to issue business licenses, to fix the amount of such licenses, and to collect fees; and WHEREAS, the City of Bozeman collects fees to cover the administrative costs of processing and reviewing business licenses, special services, and regulatory inspections; and WHEREAS, the business license fee schedule had been incorporated into the Bozeman Municipal Code, Chapter 12 Business Licenses; and WHEREAS, the City of Bozeman adopted Ordinance 1948 amending Chapter 12 of the Bozeman Municipal Code to remove the fee schedule from the Business License Chapter; and WHEREAS, Resolution 4855 adopted fees for standard business licenses, and this resolution is intended to supersede Resolution 4855; and WHEREAS, Resolution 4766 adopted fees for mobile vending business licenses, and this resolution is intended to supersede Resolution 4766; and WHEREAS, Resolution 5348 established a business license fee for marijuana businesses, and this resolution is intended to supersede Resolution 5348. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: 346 Version February 2023 Section 1 The fee schedule for fees, charges, and expenses for all the elements of the review of business licenses including special services and regulatory inspection fees shall be: Type of Business License Fee Marijuana $750 Mobile Vending $250 Downtown Mobile Vending $250, in addition to the original $250 Standard Business License $75 Plumber/Electricians/Day Care $0 Section 2 This fee schedule shall be in full force and effect on September 1, 2024. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of August, 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 347 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Continue Resolution 5608, Establishing Tree Maintenance District Assessments for Fiscal Year 2024-2025 (FY25) to August 20, 2024 MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: Continue Resolution 5608 Establishing Tree Maintenance District Assessments for FY25 to August 20, 2024. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:On July 16, 1990, the City Commission passed Commission Resolution No. 2804 creating a city-wide tree maintenance district for the purpose of planting and maintaining trees in all public places, rights-of-ways and parks. On June 25, 2024, the City Commission adopted Resolution No. 5600 adopting the FY25 Budget, which included a 3% increase in Tree Maintenance District Assessments to support eligible district expenditures. UNRESOLVED ISSUES:None ALTERNATIVES:Changes to the rate approved in the FY25 Budget may require budget amendments to ensure a balanced budget. FISCAL EFFECTS:The assessment rate proposed is consistent with the FY25 Budget. The estimated annual increase to the median homeowner, on a 7,500 sq ft lot, is approximately $0.92. The total annual assessment estimated for the median homeowner is $31.46. Attachments: Resolution 5608 Tree Mtc Assessments FY25.docx Report compiled on: July 11, 2024 348 Page 1 of 5 RESOLUTION NO. 5608 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2025 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. WHEREAS, the City Commission of the City of Bozeman did on the 16th day of July 1990, following notice and public hearing, regularly pass Commission Resolution No. 2804 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A CITY-WIDE MAINTENANCE DISTRICT FOR THE PURPOSE OF PLANTING AND MAINTAINING TREES IN ALL PUBLIC PLACES, RIGHTS-OF-WAYS AND PARKS. Which Commission Resolution No. 2804 provides the basis and method of assessing the cost against property herein assessed; and WHEREAS, Commission Resolution No. 2804 further provides that said special assessments shall be made, levied, and collected in the same manner as are other special assessments and levies of the City of Bozeman; and 349 Resolution No. 5608, Tree Maintenance Assessments, FY25 Page 2 of 5 WHEREAS, Section 7-12-4179, Montana Code Annotated, allows the district boundaries to be changed by resolution; and WHEREAS, the district boundaries are the city corporate limits, to include all annexed property as of the date of this resolution; and WHEREAS, to defray the costs of tree maintenance for the coming assessment year, the Commission must now establish an assessment to be levied for said services. NOW THEREFORE, pursuant to the provisions of said Commission Resolution No. 2804 and the laws of the State of Montana, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: Section 1 To defray the estimated cost and expense of planting and maintaining trees in all public places, rights-of-way and parks located within the maintenance district, which is hereby extended to include the city’s corporate limits existing as of the date of this resolution, for Fiscal Year 2025, thereis hereby levied and assessed against the assessable area of the several lots, pieces and parcels of land benefited by the maintenance district within the City of Bozeman as set forth in Schedule A, attached hereto and by this reference made a part hereof, which describes each lot or parcel of land with the name of the owner and/or owners, if known, and the amount assessed against the same. The said sums shall be paid and the collection thereof be made in the manner and in accordance with Commission Resolution No. 2804of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of maintenance district assessments. Failure to pay such assessment when the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments. The November assessments shall become delinquent at 5:01 p.m. on November 30, 2024, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2025. 350 Resolution No. 5608, Tree Maintenance Assessments, FY25 Page 3 of 5 Section 2 The assessment basis and method of assessing the costs of the maintenance district against property herein assessed shall be as specified in Resolution No. 2804, which is hereby incorporated by this reference and made a part of this Resolution. Section 3 The per-square-foot assessment rate in said maintenance district shall be 0.004194, per square foot of actual lot area, with a limit on the maximum square footage assessed for zones listed below. For non-conforming residences located in business and manufacturingzoning districts without any business or manufacturing use attached, there shall be a maximum of 15,000 square feet assessed. Zoning Maximum assessment square footage (Cap) R-1 15,000 sq ft R-2 15,000 sq ft R-3 15,000 sq ft R-4 15,000 sq ft R-5 15,000 sq ft RMH 8,250 sq ft/unit RS 15,000 sq ft RO No Cap on developed parcels. Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) PLI (including MSU, Schools, Govt, Hospital, & Public Owned property) 25% of total sq ft REMU No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Business Zones No Cap on developed parcels 351 Resolution No. 5608, Tree Maintenance Assessments, FY25 Page 4 of 5 Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) All Manufacturing Zones No Cap on developed parcels Cap of 15,000 square ft on undeveloped (parcels that have no structures and have not received subdivision review.) Section 4 This assessment shall be levied for the fiscal year of July 1, 2024, through June 30, 2025, and be billed in October 2024 as are all other special assessments. Any condominium and/or subdivision of land recorded on or before September 30, 2024, is subject to assessment for Fiscal Year 2025. Section 5 The regular session of the Commission of the City of Bozeman, Montana to be held at City Hall, 121 N Rouse Ave, Bozeman, Montana, on the 20th day of August 2024 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. Section 6 The City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense of planting and maintaining trees in all public places, rights-of-way and parks located within the City’s corporate limits for the Fiscal Year 2025, against the property on which such service was rendered, is on file in the office of the City Clerk and subject to inspection. Said notice states the time and place at which objections will be heard by the Commission to the final adoption of the Resolution. The final publication of said Notice was 352 Resolution No. 5608, Tree Maintenance Assessments, FY25 Page 5 of 5 published at least five (5) days before the date set by the Commission for hearing objections and final adoption of this Resolution. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 20th day of August 2024. ____________________________ TERRY CUNNINGHAM Mayor ATTEST: _________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 353 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director SUBJECT:Continue Resolution 5623, Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property Situated Within the Corporate Jurisdictional Boundaries of the City for Fiscal Year 2024-2025 (FY25) to August 27, 2024 MEETING DATE:August 13, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: Continue Resolution 5623 Establishing and Affixing Mill Levies to August 27, 2024. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: Annually, after the City Commission adopts its fiscal year budget, the Commission is required to adopt a resolution setting the mill levies for the year. UNRESOLVED ISSUES:None. ALTERNATIVES:N/A FISCAL EFFECTS:N/A Report compiled on: August 1, 2024 354 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 1 of 16 CONSTRUCTION AGREEMENT This Construction Agreement is made and entered into this _____ day of ____________, 20224 (“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, Big West Building Services, LLC, 1001 S Main St. Suite 49, Kalispell, MT 59901, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1. Work to be Performed: a. A description of the work to be performed to Bozeman City Shops Complex Flat Roofs (the “Construction Project”) and Contractor’s duties is set forth in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof, and in the drawings, plans, and specifications provided by the City, which are included in the Scope of Services attached hereto as Exhibit A. b. Prior to the commencement of any work on the Construction Project, Contractor’s representatives and City’s representatives shall hold a meeting to establish a working understanding among the parties as to the scope of the Construction Project and duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding issues related to the plans, designs, drawings, and specifications. If the parties are unable to resolve these issues and the City fails, refuses, or is unable to approve the same, no work shall commence on the Construction Project until such issues are resolved and the City approves the related plans, designs, drawings, and specifications. c. Except as provided elsewhere in this Agreement, Contractor shall furnish all the labor, materials, equipment, tools, and services necessary to perform and complete the Construction Project. d. During work on the Construction Project, and as part of the final completion of the Construction Project, Contractor shall clean up the Project site, including the removal and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the performance of any other work necessary to restore the site to at least as good order and condition as at the commencement of the Construction Project. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 4th XXXXXX June, 2024 122355 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 2 of 16 2. City-Supplied Materials: The City may supply materials from time to time in furtherance of the Construction Project. Such materials will be noted as an addendum to this Agreement. 3. Time of Performance: Contractor shall begin the Construction Project after receiving a Notice to Proceed from City and shall complete the Construction Project no later than November 1st, 2024. Time is of the essence of completion of all work and each phase of the Construction Project. 4. Liquidated Damages: If the Construction Project is not completed within the time provided by this Agreement, the City may deduct for each day the Construction Project remains uncompleted the sum of One Hundred Dollars ($100.00) from the compensation hereinafter specified and retain that sum as payment for liquidated damages sustained by reason of the Contractor’s failure to complete the Construction Project on time. 5. Compensation: a. City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Construction Project, the amount of Two Hundred and Twenty-Four Thousand, One Hundred and Seventy-Three Dollars ($224,173). b. If work not included within the original Construction Documents is requested by City, such additional work and the related compensation shall be agreed to in writing by both parties prior to commencement of the additional work (“Change Order”). c. City shall retain five percent (5%) of the total amount of compensation to be paid to the Contractor to ensure compliance with the terms and conditions of this Agreement and the timely completion of the Construction Project and any and all “punch list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty (30) days after the City’s final acceptance of the portion of work for which a separate price is stated in the specifications for the Construction Project. e. Upon acceptance of final payment and for other good and valuable consideration, Contractor shall and hereby does release and forever discharge City, its officers, agents, and employees of and from any and all claims, demands, actions, causes of action, obligations, and liabilities of every kind and character whatsoever, in law and in equity, whether now known or in the future discovered, arising from or related to this Agreement or the Construction Project that Contractor may have or assert against City, its officers, agents, and employees. 6. Inspection and Testing: a. City has the right to inspect and test any and all work performed by Contractor on the Construction Project. Contractor shall allow City and its agents access to the Construction Project at all times and shall provide every reasonable facility for the DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 123356 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 3 of 16 purpose of such inspection and testing, including temporarily discontinuing portions of the work or uncovering or taking down portions of the finished work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Construction Project. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. b. Contractor shall, without charge, replace any material or correct any work found by the City or its agents to be defective or otherwise not in compliance with the terms and conditions of this Agreement. In the event Contractor fails to replace or correct any defective work or materials after reasonable written notice by the City to do so, the City may take such corrective action, either with its own materials and employees or by retaining any third party to do so, and deduct the cost and expense of such corrective action from the Contractor’s compensation. 7. Partial Utilization of Construction Project: City shall have the right to use or occupy any portion of the Construction Project that City and Contractor mutually agree is substantially completed and constitutes a separately functioning and usable part of the Construction Project for its intended purpose without significant interference with Contractor’s performance of the remaining portions of the Construction Project. In the event City takes possession of any portion of the Construction Project, such possession shall not be deemed an acceptance of the Construction Project, in whole or in part. City’s use of any portion of the Construction Project shall not be grounds for extensions of any construction deadlines or a change in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the total Construction Project and not from the date the City may take possession of selected portions of the Construction Project. 8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude City, through its own employees or by contract with any third party, from performing other work related to the Construction Project at the construction site; provided such related work is not otherwise addressed in this Agreement and provided such related work does not otherwise interfere with Contractor’s performance of this Agreement or the completion of the Construction Project. Contractor shall afford any City employee, agent or representative, or any third party under contract with the City to perform the related work, proper and safe access to the construction site, a reasonable opportunity for the introduction and storage of materials and equipment, the opportunity to perform the related work, and shall properly coordinate the Contractor’s work on the Construction Project with the related work. 9. Contractor’s Warranties: Contractor represents and warrants as follows: a. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by Contractor on the Construction Project shall be new and where not otherwise specified, of the most suitable grade for their intended uses. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 124357 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 4 of 16 b. All workmanship and materials shall be of a kind and nature acceptable to the City. c. All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1) year from the final completion and acceptance by the City of the Construction Project, regardless of whether such equipment, materials, or labor were supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers. Other express warranties on materials that provide for a warranty period longer than one year apply for the period of that express warranty and are not reduced by this provision. Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty period, Contractor shall take all actions, including redesign and replacement, to correct the defective or nonconforming condition within a time frame acceptable to the City and at no additional cost to the City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such defective or nonconforming condition has been corrected. Contractor warrants the corrective action taken against defective and nonconforming conditions for a period of an additional one (1) year from the date of City’s acceptance of the corrective action. d. Contractor and its sureties are liable for the satisfaction and full performance of all warranties. e. Contractor shall give its personal attention to the faithful prosecution of the completion of the Construction Project and Contractor, or its duly authorized representative assigned to serve as the Construction Project Manager, shall be personally present at the site of the Construction Project during working hours for the term of this Agreement until the completion of the Construction Project. f. Contractor shall have a complete, accurate, and up-to-date set of construction plans, drawings, and specifications on site at all times. g. Contractor has examined all available records and made field examinations of the site of the Construction Project. Contractor has knowledge of the field conditions to be encountered during the Construction Project. Contractor has knowledge of the types and character of equipment necessary for the work, the types of materials needed and the sources of such materials, and the condition of the local labor market. h. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs, temporary passages, or other protections necessary for that purpose at all times. i. All work must be performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided, however, should the damage or loss be DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 125358 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 5 of 16 caused by an intentional or negligent act of the City, the risk of such loss shall be placed on the City. j. Contractor is responsible for any loss or damage to materials, tools, or other articles used or held for use in the completion of performance of the Construction Project. k. Contractor’s performance must be without damage or disruption to any other work or property of the City or of others and without interference with the operation of existing machinery or equipment. l. Title to all work, materials, and equipment covered by any payment of Contractor’s compensation by City, whether directly incorporated into the Construction Project or not, passes to City at the time of payment, free and clear of all liens and encumbrances. 10. Delays and Extensions of Time: If Contractor’s performance of this Agreement is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of the termination of such delay, give the City written notice of the total actual duration of the delay. If the City is provided with these required notices and if the City determines that the cause of the delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the fault or negligence of the Contractor, then the City will determine the total duration of the delay and extend the time for performance of the Agreement accordingly. Unless the delay is caused by the intentional interference of the City with the Contractor’s performance, Contractor shall make no claim for damages or any other claim other than for an extension of time as herein provided by reason of any delays. 11. Suspension: a. The City may, by written notice to the Contractor and at its convenience for any reason, suspend the performance of all or any portion of the work to be performed on the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set forth the time of suspension, if then known to the City. During the period of suspension, Contractor shall use its best efforts to minimize costs associated with the suspension. b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts for materials, services, or equipment; (3) promptly make every reasonable effort to obtain suspension upon terms satisfactory to City of all orders, subcontracts, and rental agreements to the extent that they relate to the performance of the work suspended; and (4) continue to protect and maintain the Project, including those portions on which work has been suspended. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 126359 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 6 of 16 c. As compensation for the suspended work, Contractor will be reimbursed for the following costs, reasonably incurred, without duplication of any item, and to the extent that such costs directly resulted from the suspension: (1) a standby charge paid during the period of suspension which will be sufficient to compensate Contractor for keeping, to the extent required in the Notice of Suspension, Contractor’s organization and equipment committed to the Project in standby status; (2) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable amount to reimburse Contractor for the cost to protect and maintain the Project during the period of suspension; and (4) an equitable adjustment in the cost of performing the remaining portion of the work post-suspension if, as a direct result of the suspension, the cost to Contractor of subsequently performing the remaining work on the Construction Project has increased or decreased. d. Upon receipt of written notice by the City to resume the suspended work (“Notice to Resume Work”), Contractor shall immediately resume performance of the suspended work as to the extent required in the Notice to Resume Work. Any claim by Contractor for time or compensation described in Section 11(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised Construction Schedule for the City’s review and approval. Contractor’s failure to timely make such a claim shall result in a waiver of the claim. e. No compensation described in Section 11(c) shall be paid and no extension of time to complete the Construction Project shall be granted if the suspension results from Contractor’s non-compliance with or breach of the terms or requirements of this Agreement. 12. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the Construction Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over the Construction Project and complete it, either with its own resources or by re-letting the contract to any other third party, and may immediately take possession of and use such materials, appliances, tools, and equipment as may be on the site and which may be necessary for the completion of the Construction Project. b. In the event of a termination pursuant to this Section 12, Contractor shall be entitled to payment only for those services Contractor actually rendered. In the case of a lump sum or unit price contract, Contractor shall not be entitled to any further payment until the Construction Project has been completed. Upon completion of the Construction Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City of completing the work, including all costs paid to any subcontractors or third parties retained by the City to complete the Construction Project and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 127360 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 7 of 16 the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay the difference, plus interest at the rate applicable to court judgments, to the City. c. Any termination provided for by this Section 12 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 12, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease work on the Construction Project, 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 work on the Construction Project, discontinue placing orders for materials, supplies, and equipment for the Construction Project, and make every reasonable effort to 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, in progress, or in transit to the construction site. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered and materials actually purchased or which Contractor has made obligations to purchase on or before the receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any materials that City is obligated to purchase from Contractor will remain the City’s sole property. d. The compensation described in Section 13(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. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 128361 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 8 of 16 14. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Max Ziegler, Facilities Assistant Superintendent, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Ben Bowles, President & CEO, 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. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 129362 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 9 of 16 16. Locating Underground Facilities: Contractor shall be responsible for obtaining and determining the location of any underground facilities, including but not limited to, the location of any pipelines or utility supply, delivery, or service lines in accordance with the provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every effort to avoid damage to underground facilities and shall be solely responsible for any damage that may occur. If City personnel assume responsibility for locating any underground facilities, this fact shall be noted in writing prior to commencement of such location work. 17. 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, pay all fees and charges in connection therewith, and perform all surveys and locations necessary for the timely completion of the Construction Project. 18. Ownership of Documents; Indemnification: All plans, designs, drawings, specifications, documents, sample results and data, in whatever medium or format, originated or prepared by or for Contractor in contemplation of, or in the course of, or as a result of this Agreement or work on the Construction Project, shall be promptly furnished to the City (“City Documents and Information”). All City Documents and Information shall be the exclusive property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in and to the City Documents and Information, including but not limited to, all copyright and patent rights in and to the City Documents and Information. Neither party grants to the other any express or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights, except to the extent necessary to complete its obligations to the other under this Agreement. 19. 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. 20. 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 DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 130363 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 10 of 16 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. 21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site of the Construction Project. 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. 22. Labor Relations: a. In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Construction Project, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Construction Project 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 to resume work on the Construction Project 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 work on the Construction Project to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. b. 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. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 131364 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 11 of 16 23. Subcontractors: a. Contractor may employ subcontractors for any work on the Construction Project. Contractor shall provide City with a list of all subcontractors employed. b. Contractor remains fully responsible for the acts and omissions of any subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall remain fully responsible and liable for the timely completion of the Construction Project. c. Contractor is solely liable for any and all payments to subcontractors. Contractor shall hold all payments received from the City in trust for the benefit of subcontractors, and all such payments shall be used to satisfy obligations of the Construction Project before being used for any other purpose. Contractor shall make any payments due to any subcontractor within seven (7) days of Contractor’s receipt of payment, including a proportional part of the retainage Contractor has received from the City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the subcontractor and notify the subcontractor in writing of the amount in dispute and the reasons for the dispute. Any withholding of payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and proper payment to any subcontractor, City may elect to withhold any payment otherwise due to Contractor and upon seven (7) days’ written notice to Contractor, may pay subcontractor by direct or joint payment. 24. Indebtedness and Liens: Before City may make any final payment to Contractor, Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in connection with the Construction Project. If the Contractor allows any indebtedness to accrue to subcontractors or others during the progress of the work, and fails to pay or discharge the same within five (5) days after demand, then City may either withhold any money due to Contractor until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor shall immediately notify the City and shall cause the same to be discharged of record within thirty (30) days after its filing. 25. Hazard Communication: Contractor shall comply with all hazard communication requirements dictated by the Environmental Protection Agency, the Montana Department of Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City ordinances. Contractor shall supply a chemical list, the associated material safety data sheets (MSDS), and other pertinent health exposure data for chemicals that the Contractor’s, subcontractor’s or the City’s employees may be exposed to while working on City property during the course of the Construction Project. One copy of this documentation must be delivered to City to the attention of the City’s Representative. This documentation must be delivered before work involving these chemicals may commence. 26. Accounts and Records: During the term of this Agreement and for two (2) years following the City’s final acceptance of the Construction Project, Contractor shall maintain accounts and records related to the Construction Project. Upon reasonable notice, City shall have DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 132365 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 12 of 16 the right to inspect all such accounts and records, including but not limited to, Contractor’s records, books, correspondence, instructions, drawings, specifications, field and site notes, receipts, invoices, bills, contracts, or other documents relating to the Construction Project. 27. Indemnification; Insurance; Bonds: a. Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. b. 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). c. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. d. 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. e. 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. f. 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. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 133366 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 13 of 16 g. These obligations shall survive termination of this Agreement and the services performed hereunder. h. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. 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 shown below: • Workers’ Compensation – not less than statutory limits; • 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; • Products and Completed Operations – $1,000,000; • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles); • Builder’s Risk/Property Insurance at least as broad as that provided by the ISO special causes of loss form (CP10 30) naming at a minimum the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work (covering at a minimum all work, buildings, materials and equipment, whether on site or in transit, loss due to fire, lightening, theft, vandalism, malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of laws, water damage, flood if site within a flood plain, repair or replacement costs, testing and start-up costs) on an all risk coverage basis. This insurance must include waivers of subrogation between the City and Contractor to the extent that damage to the Construction Project or City Hall is covered by other insurance; • Owner’s and Contractor’s Protective Liability: one policy designating the City (including its agents, representatives, employees, and officers) as the insured and another independent policy designated the City’s Representative (including its consultants, consultants, agents and employees) as the insured on the declarations with both policies covering: (i) operations performed by the Contractor under this Agreement for the City; and (ii) the City’s and City’s Representatives acts or omissions, including negligent acts, in connection with its general supervision of the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence; $2,000,000 aggregate; • Contractual Liability Insurance (covering the Contractor’s indemnity obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000 aggregate DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 134367 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 14 of 16 The amounts of insurance provided shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. 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. i. The Contractor shall furnish a Performance Bond and a Payment Bond in favor of the City each in an amount equal to one-hundred Percent (100%) of the Agreement amount. j. 28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. Contractor understands that all contractors or subcontractors working on a publicly funded project are required to pay or have withheld from earnings a license fee of one percent (1%) of the gross contract price if the gross contract price is Eighty Thousand Dollars ($80,000) or more. This license fee is paid to the Montana Department of Revenue. 29. 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 shall be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 30. Survival: Contractor’s indemnification and warranty obligations shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 31. 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. 32. Waiver: A waiver by City of any default or breach by Contractor of any covenants, terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms, or conditions or to pursue City’s rights in the event of any subsequent default or breach. DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 135368 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 15 of 16 33. 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. 34. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 35. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 36. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 37. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 38. 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. 38. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 39. Assignment: Contractor may not assign this Agreement in whole or in part without the prior written consent of the City. No assignment will relieve Contractor of its responsibility for the performance of the Agreement and the completion of the Construction Project. Contractor may not assign to any third party other than Contractor’s subcontractors on the Construction Project, the right to receive monies due from City without the prior written consent of City. 40. Authority: Each party represents that it has full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to sign this Agreement. 41. Independent Contractor: The parties agree and acknowledge that in the performance of this Agreement and the completion of the Construction Project, Contractor shall render services as an independent contractor and not as the agent, representative, subcontractor, or employee of the City. The parties further agree that all individuals and companies retained by Contractor at all times will be considered the agents, employees, or independent contractors of Contractor and at no time will they be the employees, agents, or representatives of the City. 42. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 136369 Construction Agreement for Bozeman City Shops Complex Flat Roofing and Insulation Replacement FY2020-2021 Page 16 of 16 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. 43. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be executed, effective on the date written above, and intend to be legally bound thereby. CITY OF BOZEMAN, MONTANA CONTRACTOR By: _______________________________ By: City Manager Print Name: Ben Bowles Title: President, Big West Building Services APPROVED AS TO FORM: By: _______________________________ Greg Sullivan, City Attorney DocuSign Envelope ID: 3190B259-2E32-4E3F-BB32-9FD2361A1F03 137370 Certificate Of Completion Envelope Id: 3190B2592E324E3FBB329FD2361A1F03 Status: Completed Subject: Complete with Docusign: F.8 Construction_Agreement_-_Big_West_Building_Services_-_City_Shops_Ro... Source Envelope: Document Pages: 16 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Mike Maas AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) Stamps: 1 PO Box 1230 Bozeman, MT 59771 Mmaas@bozeman.net IP Address: 69.145.83.100 Record Tracking Status: Original 6/5/2024 10:20:07 AM Holder: Mike Maas Mmaas@bozeman.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: City of Bozeman Location: DocuSign Signer Events Signature Timestamp Ben Bowles bbowles@bigwestbs.com Manager Big West Building Services, LLC Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.123.197.189 Sent: 6/5/2024 10:22:12 AM Viewed: 6/6/2024 10:52:59 AM Signed: 6/6/2024 10:53:32 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 10:52:59 AM ID: 151a5c62-586d-4137-ade3-8e797eec06df Greg Sullivan gsullivan@bozeman.net Bozeman City Attorney City of Bozeman, Montana Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.83.100 Sent: 6/6/2024 10:53:34 AM Viewed: 6/6/2024 11:39:02 AM Signed: 6/6/2024 11:39:40 AM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 11:39:02 AM ID: 8eb9196f-c6ba-4e2c-af1e-c7c6e93d3aec Chuck Winn cwinn@bozeman.net Acting City Manager City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 69.145.53.144 Signed using mobile Sent: 6/6/2024 11:39:41 AM Viewed: 6/6/2024 12:16:45 PM Signed: 6/6/2024 12:16:59 PM Electronic Record and Signature Disclosure: Accepted: 6/6/2024 12:16:45 PM ID: 29ff4452-b2e1-4298-b0ae-d361b8bbf79c Mike Maas mmaas@bozeman.net City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signed Using IP Address: 69.145.83.100 Sent: 6/6/2024 12:17:00 PM Viewed: 6/13/2024 3:26:44 PM Signed: 6/13/2024 3:26:54 PM 138371 Signer Events Signature Timestamp Electronic Record and Signature Disclosure: Accepted: 1/6/2020 4:08:14 PM ID: 79370d6f-72a4-4837-866f-9ec31f00062f In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Max Ziegler wziegler@bozeman.net Facilities Project Coordinator City of Bozeman Security Level: Email, Account Authentication (None) Sent: 6/13/2024 3:26:56 PM Viewed: 6/13/2024 3:27:52 PM Electronic Record and Signature Disclosure: Accepted: 4/2/2024 9:11:00 AM ID: 7351ca1b-bf95-48ff-9fc5-a1369b10797f Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/5/2024 10:22:12 AM Certified Delivered Security Checked 6/13/2024 3:26:44 PM Signing Complete Security Checked 6/13/2024 3:26:54 PM Completed Security Checked 6/13/2024 3:26:56 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure 139372 CONSUMER DISCLOSURE From time to time, City of Bozeman (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. Electronic Record and Signature Disclosure created on: 7/9/2018 4:06:02 PM Parties agreed to: Ben Bowles, Greg Sullivan, Chuck Winn, Mike Maas, Max Ziegler 140373 How to contact City of Bozeman: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: jolson@bozeman.net To advise City of Bozeman of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at jolson@bozeman.net and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in the DocuSign system. To request paper copies from City of Bozeman To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to jolson@bozeman.net and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with City of Bozeman To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to jolson@bozeman.net and in the body of such request you must state your e-mail, full name, US Postal Address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. 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By checking the ‘I agree’ box, I confirm that:  I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and  I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and  Until or unless I notify City of Bozeman as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by City of Bozeman during the course of my relationship with you. 142375