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HomeMy WebLinkAbout11-19-24 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 or Mindfulness C. Changes to the Agenda D. FYI E. Commission Disclosures F. Approval of Minutes F.1 Approval of Regular and Special Meeting Minutes: 09-24-24 Regular Meeting Minutes (Maas) G. Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, November 19, 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. At the direction of the City Commission, anonymous public comments are not distributed to the City Commission or staff. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 Consider the Motion: I move to approve the combined City Commission minutes as submitted. 1 G.1 Accounts Payable Claims Review and Approval (Armstrong) G.2 Approval of Depository Bonds and Pledged Securities as of September 30, 2024 (Clark) G.3 Approve the Turnrow Subdivision Preliminary Plat Application to Subdivide Three Lots Zoned REMU Into a Major Subdivision for Residential, Commercial, Park, and Open Space Uses, 146 Buildable Lots Along the East Side of the Property are Proposed with the Phase 1 Development that Totals 15.22 Acres, 20 Restricted Development Lots will Require Additional Subdivision Review to West of Phase 1 and Total 83.53 Acres Generally Located Southwest of the Corner of East Valley Center Road and Davis Lane; Application 23366 (Quasi-Judicial)(Garber) G.4 Authorize the City Manager to Sign a Notice of Award and Purchase Agreement for a Dump Truck Replacement in the Utilities Department(Pericich) G.5 Authorize the City Manager to Sign a Notice of Award to The Third Element, Inc. for the WRF Motor Control Center Equipment Procurement Contract at the Amount of $475,489.00(Heaston) G.6 Authorize the City Manager to Sign a Construction and Maintenance Agreement with the Montana Department of Transportation for the East Valley Center Road Shared Use Path(Lonsdale) G.7 Authorize City Manager to Sign an Interconnection Agreement with NorthWestern Energy for Solar Array at Fire Station 2(Henderson) G.8 Authorize the City Manager to Sign a Software as a Service Agreement with THG Energy Solutions for City Facility Utility Tracking Software Services(Meyer) G.9 Authorize the City Manager to Sign a Master Task Order Agreement with Sanbell for On-call GPS Data Collection Services, and Subsequent Task Orders Within Budget(Jorgenson) G.10 Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with Stahly Engineering and Associates, Inc. for On-call GPS Data Collection Services, and Subsequent Task Orders Within Budget(Jorgenson) G.11 Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with HydroSolutions Inc. Providing for On-call Water Rights Consulting Services and Task Order 1 in the Amount of $20,000 for General Water Rights Consulting Services(Heaston) G.12 Authorize the Interim City Manager to Sign a Professional Services Agreement With Ace Roofing, LLC for Repairs to the Water Treatment Plant Roof Dormers(Miller) G.13 Authorize the City Manager to Sign an Amendment One to Task Order Two with Cushing Terrell for Additional Utility Services for the Whittier School Parking Lot Project(DiTommaso) G.14 Authorize the City Manager to Sign a Third Amendment to the Professional Services Agreement with Design 5 Landscape Architecture to Continue Providing Design Services for the Downtown Bozeman Alleyways Beautification Project Through Completion of Project(Staley) 2 G.15 Authorize the City Manager to Sign an Amendment 3 to the Professional Services Agreement with All Valley Landscape for Snow Removal Services(Ziegler) G.16 Authorize the City Manager to Sign an Amendment to Task Order MID23-001 with Sanbell for 5th Avenue Pedestrian Lighting Design(DiTommaso ) G.17 Resolution 5644, Re-adoption of a Resolution of Adoption to Amend the Bozeman Community Plan 2020 to Integrate the "Bozeman Health Sub-Area Plan" as a Neighborhood Plan under the Bozeman Community Plan 2020, Including Revisions to the Future Land Use Map; Application 24118(Rogers) G.18 Resolution 5647, Intent to Create Special Improvement District (SID) 789 for Wastewater Improvements to Annexed Properties of the Riverside Community(Kohtz) G.19 Resolution 5653, Creation of Special Improvement Lighting District 790 North Central Master Plan(Hodnett) G.20 Resolution 5655, Creation of Special Improvement Lighting District 791 West Side Flats(Hodnett) G.21 Resolution 5657, Approving Prime Change Order 4 and Authorizing the City Manager to Sign Guaranteed Maximum Price Amendment 6 with Martel Construction, Inc. for the Construction of the Fire Station 2 Relocation Project(Henderson) G.22 Resolution 5659, Authorizing Change Order 2 to the 2023 CIPP Projects (Gamradt) G.23 Resolution 5660, Authorizing the Use of an Alternative Project Delivery Contract for a General Contractor Construction Manager for Preconstruction and Construction Services for the Bogert Pool Renovation Project(Miller) G.24 Ordinance 2174, Provisional Adoption of the Rest Stop Zone Map Amendment Amending Zoning on 10.05 Acres from M-1 Light Manufacturing District to B-2 Community Business District Located East of the Intersection of N. 19th And Valley Center, And Providing An Effective Date, Application 24185(Saunders) H. Mayoral Proclamation H.1 Mayoral Proclamation Proclaiming Small Business Saturday(Cunningham) I. Other Agency Hearing I.1 Public Hearing for Sage Peak Apartments Low-income Housing Tax Credit Application to Montana Housing(Munfrada) I.2 Public Hearing for Alder Ridge Apartments Low-income Housing Tax Credit Application to Montana Housing(Munfrada) J. Work Session J.1 Bozeman Landmark Project, Work Session on Initial Guidance Report; Application 3 22388(Rosenberg/Burke) K. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission L. FYI / Discussion M. Adjournment Receive presentation, discussion, and feedback to staff and consultant. 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 state whether you are a resident of the city or a property owner within the city 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. 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. Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 4 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Jon Henderson, Assistant City Manager SUBJECT:Approval of Regular and Special Meeting Minutes: 09-24-24 Regular Meeting Minutes MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Minutes RECOMMENDATION: Consider the Motion: I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency• Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many City Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerks' Office at 406.582.2320 or email BozemanClerksDepartment@bozeman.net for assistance. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:None. Attachments: 09-24-24 City Commission Meeting Minutes.pdf Report compiled on: November 12, 2024 5 Bozeman City Commission Meeting Minutes, [DATE] Page 1 of 10 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES [DATE] Present: Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode Absent: None Excused: None Staff at the Dias: Assistant City Manager (ACM) Jon Henderson, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:11:27 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:13:23 Pledge of Allegiance and a Moment of Silence or Mindfulness 00:14:20 City Commission and Assistant City Manager introduced themselves for disabled participants in attendance for the 2024 Disability Community Chats Presentation. C) 00:17:49 Changes to the Agenda D) 00:17:56 FYI Mayor Cunningham thanked the public for coming out for the Affordable Housing presentations on Monday, September 23. Commissioner Fischer shared that along with the Chief of Police Jim Veltkamp and Battalion Chief Justin Short, he participated in a presentation to the School Board about the First Responder Levy. ACM Henderson shared that Fire Hall 2 on Campus opened for operation for the first time Monday, September 23. ACM Henderson shared that the first implementation of the 1% for Art Ordinance will be recognized at the Bozeman Public Library at 2 pm Friday, September 27. E) 00:23:35 Commission Disclosures There were no Commission Disclosures. F) 00:23:51 Consent 6 Bozeman City Commission Meeting Minutes, [DATE] Page 2 of 10 F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Memorandum of Understanding with the Western Transportation Institute for 2024 through 2026 for program and project assistance related to transportation demand management and active transportation safety. TDM MOU_2024_Final Draft.docx F.3 Authorize the City Manager to Sign a Termination Agreement Between the City of Bozeman and the Bozeman Sports Parks Foundation 230613 BSPF Termination Contract-FINAL35 (002).pdf 18- Agreement - Bozeman Sports Parks Foundation, Inc. - Management, Operation, and Use of the Bozeman Sports Parks. signed.pdf F.4 Authorize the City Manager to Sign an Agreement Between City of Bozeman and the Bozeman Sports Parks Foundation, Inc. for the Financing and Construction of an Additional Turf Field at the Bozeman Sports Park Agreement City BSPF Additional Field Final 9 5 24 gs_ (002).pdf F.5 Resolution 5635 Intent to Modify Special Improvement Lighting District 766 for Northwest Crossing Ph 1 & 2.1 to include 2.2 and 2.3 Resolution 5635-Intent to Modify SILD 766-NWX to include Ph 2.2 & 2.3.docx EXHIBIT A.pdf EXHIBIT B.pdf F.6 Resolution 5637 Intent to Create a Special Improvement Lighting District 787 for Homestead at Buffalo Run Resolution 5637-Intent to Create SILD 787.docx Exhibit A.pdf Exhibit B.pdf F.7 Resolution 5641 Intent to Create a Special Improvement Lighting District 788 for Hyatt House Hotel Bozeman. Resolution 5641-Intent to Create SILD 788.docx Exhibit A.pdf Exhibit B.pdf F.8 Ordinance 2162, Final Adoption, Revising Speed Limits on West Graf Street, West Oak Street, West Kagy Boulevard Ordinance_2162_Revising_Speed_Limits_on_West_Graf_Street__West_Oak_Street__a nd_West_Kagy_Boulevard F.9 Ordinance 2170, Final Adoption, Rezoning A Tract of Land in the SW 1/4 NW 1/4 of Section 24, Township 02S, Range 05E from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use District) Containing 9.26 Acres, and B-2M (Community Business District Mixed) Containing 9.12 Acres. The South Range Crossing II Zone Map Amendment, Application 24196. Ordinance_24196 - SRX II ZMA.pdf 24196_SRX II - ZMA Map.pdf 00:24:30 ACM Henderson presented the Consent Agenda highlights. 00:25:47 Mayor Cunningham opened Public Comment on the Consent Agenda. There was no public comment on Consent Agenda I or Consent Agenda II. 00:29:50 Motion to approve Consent Agenda F.1 - F.9 as submitted. 7 Bozeman City Commission Meeting Minutes, [DATE] Page 3 of 10 Joey Morrison: Motion Jennifer Madgic: 2nd 00:30:03 Vote on the Motion to approve Consent Agenda F.1 - F.9 as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None G) Consent II: Items Acted Upon Without Prior Unanimous Approval G.1 Final Adoption of Ordinance 2166 Prohibiting Trapping on City Land in the Bozeman Creek Watershed Ord_2166_Trapping_City_Lands_2024_FINAL.docx Sourdough_property Ex to Ord.pdf 00:30:22 Motion to approve Consent II: Item G.1 as submitted. Joey Morrison: Motion Jennifer Madgic: 2nd 00:30:30 Vote on the Motion to approve Consent II: Item G.1 as submitted. The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Emma Bode Disapprove: Douglas Fischer H) 00:30:53 Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission Mayor Cunningham opened General Public Comment. 00:31:59 Shaun Panet commented on the difficulties of transportation as a person with a disability. 00:33:14 Kim Hoffman commented on the difficulty of using Galavan. 8 Bozeman City Commission Meeting Minutes, [DATE] Page 4 of 10 00:35:50 Scott Birkenbuel, Executive Director of Ability Montana commented on the good work the Commission has done concerning ADA issues. I) 00:38:19 Special Presentation I.1 00:38:23 2024 Disability Community Chats Presentation 2024 Disability Community Chats Summary Report.pdf 00:38:24 ACM Henderson introduced Special Presentation I.1. Staff Presentation 00:40:44 Takami Clark Community and Engagement Manager and Kristen Newman, ADA Accessibility Specialist of Ability Montana presented the 2024 Disability Community Chats. Background, 2023 Community Liaison Report, 2023 Community Chat Outcomes, 2024 Community Chats, 2024 New Topics, Major Themes, Transportation, Transit System, Accessible Parking, Sidewalks, Crosswalks and Curb Cuts, Bike Lanes, Why Accessibility?, Suggestions, Questions? I.2 00:56:01 2022 Greenhouse Gas Emissions Inventory Report 2022 GHG Emissions Inventory Report 20240924.pdf 2022 GHG Emissions Inventory Infographic (8.5x11) 20240924.pdf 00:56:07 ACM Henderson introduced Special Presentation I.2. Staff Report 00:56:43 Sustainability Program Manager (SPM) Natalie Meyer presented the 2022 Greenhouse Gas (GHG) Emissions Inventory Review, Protocol and Scope, 2022 Total Greenhouse Gas Emissions, Emissions by Sector and Source, Greenhouse Gas Emissions by Sector Over Time, Total Annual GHG Emissions, Inventory Improvements, Per Capita Emissions, GHG Emissions Inventory Contribution Analysis, Local Aviation, GHG Emissions and Bozeman Climate Plan Goals, 2022 Community Greenhouse Gas Emissions Inventory, Bozeman's Climate Goals, 2022 Climate Plan Focus Areas & Cross-Cutting Themes, Climate Plan Focus Area Progress, Individual and Collective Action on Climate, Learn More and Engage: www.bozeman.net/sustainability J) 01:21:55 Action Items J.1 The Rest Stop Zone Map Amendment Requesting Amendment of the City Zoning Map to Change the Zoning from M-1 (Light Manufacturing District) to B-2 (Community Business District) Containing Approximately 10.05 Acres. The Property is Located on the East Side of North 19th Avenue, South of the 19th Avenue/Springhill Road Offramp off Interstate 90 Interchange and North of Simmental Way, Application 24185. 24185 Rest Stop ZMA CC SR.pdf Map Exhibit.pdf 01:22:03 ACM Henderson presented the Action Item J. 1. Staff Presentation 01:22:30 Community Development Manager (CDD) Chris Saunders presented Rest Stop Zone Map Amendment; Application 24185, Zoning Map, Sec. 76-2-304, MCA Zoning Criteria of Evaluation, Section 4. pgs 10-25. 9 Bozeman City Commission Meeting Minutes, [DATE] Page 5 of 10 01:25:40 Questions of Staff Applicant Presentation 01:27:48 Martin Madsen of Fall Creek Planning presented the Applicant Presentation. 01:35:41 Public Comment 01:36:05 Justin Bursik cautioned the commission against 01:37:24 Jason Delmue commented on the Future Land Use Map exiting uses. 01:40:03 Motion to approve Consider the motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 24185 and move to approve the Rest Stop Zone Map Amendment subject to contingencies required to complete the application processing. Jennifer Madgic: Motion Emma Bode: 2nd 01:40:37 Discussion 01:49:07 Vote on the Motion to approve Consider the motion: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board, and all information presented, I hereby adopt the findings presented in the staff report for application 24185 and move to approve the Rest Stop Zone Map Amendment subject to contingencies required to complete the application processing. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None 01:49:49 Mayor Cunningham called the meeting into recess 01:55:23 Mayor Cunningham called the meeting back into order J.2 01:55:25 Resolution 5611 Annual Lighting Assessments for Fiscal Year 2025 Lighting District Resolution FY25.docx Schedule A-Lighting FY25.pdf 01:55:28 ACM Henderson presented Action Item J.2. 10 Bozeman City Commission Meeting Minutes, [DATE] Page 6 of 10 Staff Presentation 01:55:44 Finance Director (FD) Melissa Hodnett presented Resolution 5611 - Annual Lighting District Assessments, Map of Special Improvement Lighting Districts. 01:58:00 Questions of Staff 01:59:13 Public Comment There were no Public Comment on Action Item J.2 01:59:43 Motion to adopt Consider the Motion: I move to adopt Commission Resolution No. 5611 as submitted. Emma Bode: Motion Douglas Fischer: 2nd 01:59:57 Discussion 02:01:16 Vote on the Motion to adopt Consider the Motion: I move to adopt Commission Resolution No. 5611 as submitted. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None J.3 02:01:33 Resolution 5613 to Assess Delinquent Water, Sewer, Stormwater, Garbage and Recycling Charges Resolution_5613_Delinquent_Utility_Accounts_FY25.docx Schedule A.pdf 02:01:35 ACM Henderson presented Action Item J.3. Staff Presentation 02:01:49 Finance Director (FD) Melissa Hodnett presented Resolution 5613, - Assessment of Delinquent Utility Bills, Process of Unpaid Utility Bills, 02:04:26 Questions of Staff 02:05:29 Public Comment There was no Public Comment on Action Item J.3 11 Bozeman City Commission Meeting Minutes, [DATE] Page 7 of 10 02:05:59 Motion to adopt Consider the Motion: I move to adopt Resolution No. 5613 with revised schedule A. Douglas Fischer: Motion Joey Morrison: 2nd 02:06:10 Discussion 02:06:31 Vote on the Motion to adopt Consider the Motion: I move to adopt Resolution No. 5613 with revised schedule A. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None J.4 02:06:50 Resolution 5614 Levy and Assess Delinquent Snow Removal Charges Resolution 5614 Delinquent Snow Removal FY25.docx Schedule A.pdf 02:06:55 ACM Henderson introduced Action Item J.4. Staff Presentation 02:07:03 FD Melissa Hodnett presented Resolution 5614 - Annual Assessment of Delinquent Snow Removal Charges, Snow Removal Code and Billing Process, 02:08:25 Questions of Staff 02:12:10 Staff Clarification 02:12:42 Public Comment There was no Public Comment on Action Item J.4 02:13:19 Motion to adopt Consider the Motion: I move to adopt Commission Resolution No. 5614 to levy and assess Delinquent Snow Removal Charges. Joey Morrison: Motion Jennifer Madgic: 2nd 02:13:32 Discussion 12 Bozeman City Commission Meeting Minutes, [DATE] Page 8 of 10 02:18:49 Vote on the Motion to adopt Consider the Motion: I move to adopt Commission Resolution No. 5614 to levy and assess Delinquent Snow Removal Charges. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None K) 02:19:03 Appointments K.1 Appointments to the City-County Board of Health 07-29-24 - CAB Applications - Elinor Pulcini.pdf 07-23-24 - CAB Applications - Jeffrey Lee.pdf 07-22-24 - CAB Applications - Danika Comey.pdf 02:19:36 Public Comment There was no Public Comment. 02:20:03 Motion to approve Consider the Motion: I move to appoint Jeffrey Lee to a term ending June 2025 and Danika Comey to a term ending June 2026. Joey Morrison: Motion Jennifer Madgic: 2nd 02:20:15 Vote on the Motion to approve Consider the Motion: I move to appoint Jeffrey Lee to a term ending June 2025 and Danika Comey to a term ending June 2026. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None K.2 Appointment to the Board of Ethics 07-11-24 - CAB Applications - Jim Drummond.pdf 02:20:40 Public Comment There was no Public Comment. 13 Bozeman City Commission Meeting Minutes, [DATE] Page 9 of 10 02:21:02 Motion to approve Consider the Motion: I move to appoint Jim Drummond to the Board of Ethics with a term expiring July 31, 2026. Joey Morrison: Motion Jennifer Madgic: 2nd 02:21:12 Vote on the Motion to approve Consider the Motion: I move to appoint Jim Drummond to the Board of Ethics with a term expiring July 31, 2026. The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None L) 02:21:31 FYI / Discussion M) 02:21:43 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: November 19, 2024 14 Bozeman City Commission Meeting Minutes, [DATE] Page 10 of 10 15 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:November 19, 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 November 20th, 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: August 21, 2024 16 Memorandum REPORT TO:City Commission FROM:Clark SUBJECT:Approval of Depository Bonds and Pledged Securities as of September 30, 2024 MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:Approve the depository bonds and pledged securities as of September 30, 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:Pledged securities are assets, such as government or municipal bonds, that a financial institution commits as collateral to secure a deposit in excess of the $250,000 insured by the FDIC. Utilizing pledged securities offers an added layer of security for large deposits, ensuring that funds are protected beyond the standard FDIC insurance limits. This practice ensures that public money remains secure, promoting fiscal responsibility and stability. Per MCA section 7-6-207 the City Commission must approve pledged securities at least quarterly. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The city is sufficiently pledged. Attachments: Depository Bonds & Securities 0924.pdf FHLB LOC #575517.pdf FHLB LOC #576820.pdf Report compiled on: October 10, 2024 17 DEPOSITORY BONDS AND SECURITIES AS OF September 30, 2024 MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT US BANK All Accounts Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00 LOC-FHLB Cincinnati 7/12/2024 575517 $ 20,000,000.00 TOTAL – US Bank $ 20,250,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6- 207, M.C.A., have this day certified the receipts of US Bank, for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of September 30, 2024, by the banks of Bozeman and approve and accept the same. _____________________________________________ TERENCE CUNNINGHAM, Mayor _______________________________________ _______________________________________ JOEY MORRISON, Deputy Mayor JENNIFER MADGIC, Commissioner _______________________________________ _______________________________________ DOUGLAS FISCHER, Commissioner EMMA BODE, Commissioner 18 PLEDGED SECURITIES AND CASH IN BANK As of September 30, 2024 US BANK Total Cash on Deposit $6,033,398.31 FDIC Coverage $250,000.00 Amount Remaining $5,783,398.31 Pledges Required 104% $6,014,734.24 Actual Pledges $20,000,000.00 Over (Under) Pledged $13,985,265.76 REFERENCE: Section 7-6-207, M.C.A. 19 20 21 Memorandum REPORT TO:City Commission FROM:Danielle Garber, Associate Planner Brian Krueger, Development Review Manager Erin George, Interim Community Development Director SUBJECT:Approve the Turnrow Subdivision Preliminary Plat Application to Subdivide Three Lots Zoned REMU Into a Major Subdivision for Residential, Commercial, Park, and Open Space Uses, 146 Buildable Lots Along the East Side of the Property are Proposed with the Phase 1 Development that Totals 15.22 Acres, 20 Restricted Development Lots will Require Additional Subdivision Review to West of Phase 1 and Total 83.53 Acres Generally Located Southwest of the Corner of East Valley Center Road and Davis Lane; Application 23366 (Quasi-Judicial) MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23366 and move to approve the subdivision with conditions and subject to all applicable code provisions. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The Department of Community Development received a Preliminary Plat Application on February 8, 2024 requesting to subdivide 114.68 acres to create 146 buildable lots and 20 restricted development lots, 16 open space lots, and 2 city park lots with easements and associated right of way. The subject property is zoned REMU (Residential Emphasis Mixed Use), On September 17, 2024 the Development Review Committee (DRC) found 22 the application sufficient for continued review and recommends the conditions and code provisions identified in this report. No waivers were granted with the pre-application plan review on September 28, 2023. Please see the staff report for analysis of the review criteria. The Community Development Board acting in their capacity as the Planning Board considered the application and provided a recommendation of approval on November 4, 2024. No public comment was received at the meeting. There were no questions to staff, and no discussions regarding the proposed subdivision. A motion to recommend approval of the subdivision was passed 8-0. This subdivision meets the criteria for review under 76-3-616 Montana Code Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts this subdivision from the public hearing requirement. Per BMC 38.240.100 the final decision for this preliminary plat must be made within 80 working days from sufficiency, or by January 15, 2025. The City Commission meeting regarding this subdivision is scheduled for November 19, 2024. Materials in the submittal relevant to the City Commission's include: Application Documents Application Drawings The application documents folder will contain the project narrative, infrastructure reports including water, sewer, stormwater, and traffic impacts, as well as documentation to demonstrate compliance with Chapter 38 including compliance with adopted standards required in BMC 38.220.060. The application drawings folder will contain the full plat set sheets 1-12, as well as the overall site plan, proposed landscaping plans, proposed utility and stormwater designs, phasing plans, and proposed street plans. UNRESOLVED ISSUES:None ALTERNATIVES:As recommended by the City Commission FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. Attachments: 23366 CC Staff Report.pdf 23 23366 Turnrow Subdivision Preliminary Plat Sheets Combined.pdf Report compiled on: November 7, 2024 24 23366 Staff Report for Turnrow Subdivision Page 1 of 37 23366 Turnrow Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting was held – Monday, November 4, 2024 at 6:00 pm. City Commission meeting will be held – Tuesday, November 19, 2024 at 6:00 pm Project Description: A preliminary plat requesting to subdivide three lots zoned REMU into a major subdivision for residential, commercial, park, and open space uses. 146 buildable lots along the east side of the property are proposed with the phase 1 development that totals 15.22 acres. 20 restricted development lots will require additional subdivision review to west of Phase 1 and total 83.53 acres. Project Location: Situated in the NE ¼ of Section 27, Township 1 South, Range 5 East, Principal Meridian, City of Bozeman, Gallatin County, Montana. Addresses TBD, southwest of the corner of East Valley Center Road and Davis Lane. Northwest of the corner of Westlake Road and Davis Lane. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended Planning Board Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23366 and move for the Community Development Board in its capacity as the Planning Board to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Recommended City Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23366 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: November 6, 2024 Staff Contact: Danielle Garber, Senior Planner Mikaela Schultz, Project Engineer Agenda Item Type: Consent (Quasi-judicial) EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer. 25 23366 Staff Report for Turnrow Subdivision Page 2 of 37 Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application on February 8, 2024 requesting to subdivide 114.68 acres to create 146 buildable lots and 20 restricted development lots, 16 open space lots, and 2 city park lots with easements and associated right of way. The subject property is zoned REMU (Residential Emphasis Mixed Use), Proposed land uses for the subdivision are primarily residential in the form of 1-4 household (single detached, duplex, triplex, and four-plexes) on individual lots, townhouses and rowhouses, and multi-household (multi-family). Exhibit 7 below shows proposed uses over the entire subdivision. Block 1 is intended for mixed use and commercial development and is included in phase 1. Blocks 7, 14, and 20 along Valley Center Road are proposed as multi-household and are currently restricted development lots subject to further subdivision review. 1-4 household and townhouse/rowhouse development is proposed in blocks 2, 3, 4, 5, 6, 9, and 10 with phase 1. Future phases in restricted development lots to the west of phase 1 are currently proposed as single household detached and attached (1-4 household). Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for REMU Zoning. Seven city park lots are proposed within the overall subdivision, with two parks proposed to be constructed with phase 1. Park 1 in phase 1 totals 2.50 acres, and Park 2 totals 1.02 acres. The sixteen (16) open space lots in phase 1 are proposed to facilitate stormwater retention, pedestrian right-of-way, block frontage, guest parking, utilities, and watercourse and wetland buffers. A park master plan is included under application document 004. Five local streets are proposed within phase 1 of the subdivision. Quicksilver Road and Gunsmoke Avenue are two north-south running local streets proposed with the subdivision. Turnrow Trail, Durango Lane, and Westlake Road are the proposed east-west running local streets. Westlake Road at the far south end and Davis Lane along the eastern boundary of the subject property are proposed as modified or custom street sections to accommodate adjacent unannexed property and the Cattail Creek watercourse. This design process was reviewed under the authority of the Director of Transportation and Engineering per BMC 38.200.010.F for modifications to the City’s street improvement standards in BMC 38.400.010. Improvements to Davis Lane and East Valley Center Road are also required and proposed with the subdivision as off-site improvements. East Valley Center Road is a Montana Department of Transportation (MDT) urban route. Design of the East Valley Center Road improvements including the phase 1 proposed approaches, future approaches, a new traffic signal at the intersection with Davis Lane, and a shared use path have been designed with input and preliminary approval from MDT which can be found under application document 011.06. This preliminary approval letter requires final 26 23366 Staff Report for Turnrow Subdivision Page 3 of 37 design and traffic mitigations prior to final approval. MDT local agency guidelines require preliminary design approval and permitting from MDT prior to installation and final plat approval. Four (4) sub phases are proposed within the phase 1 subdivision. Exhibit 4 contains the phasing exhibit, which may also be viewed in application drawing 013. All phases, as indicated in the exhibits, depict the proposed road, alley, stormwater, utility and the on and off-site infrastructure shown in the plans to be phased. Sub phase 1.1 contains onsite and offsite infrastructure, and development of blocks 1, 3, and 6 including the block 3 park, Turnrow Trail, and portions of Gunsmoke Avenue and Quicksilver Road. Sub phase 1.2 contains block 2 and a portion of block 4, as well as portions of Gunsmoke Avenue and Durango Lane. Sub phase 1.3 includes the reminder of block 4 and portions of Durango Lane. Sub phase 1.4 is the final sub phase in phase 1 and includes the remainders of Quicksilver Road, Durango Lane, and Gunsmoke Avenue, as well as Westlake Road, and blocks 5, 9, and 10, and the remainder of block 4. Park 2 is also included in sub phase 1.4. The applicant has requested concurrent construction. All improvements must be installed prior to the issuance of a building permit for any lot within a subdivision, except when concurrent construction is an identified purpose of the initial project review and approved pursuant to the criteria established in subsection D of BMC 38.270.030. Subsection D allows lots subject to site plan review to commence with vertical construction prior to installation of required infrastructure with concurrent construction approval. Code provision 8 requires a no build restriction on any single household lots in phase 1.1 subject to sketch plan review with final plat. Lots subject to site plan review may receive building permits with a concurrent construction approval, following final site plan approval. The lot restrictions for lots subject to sketch plan review may be lifted when the subdivision infrastructure has been completed and accepted by the City per BMC 38.270.030.D.1. Two jurisdictional watercourses and their associated wetlands and irrigation facilities are impacted by the proposed subdivision. Cattail Creek crosses the northeast corner of the subject property along Valley Center Road and Davis Lane, and an unnamed tributary to Buster Gulch is in the southwest corner. A wetland delineation report is located in application documents under document 012. Because these watercourses have downstream agricultural water users, and can be classified as stream-ditches, code provision 16 requires that agricultural water user easements meeting the requirements of BMC 38.410.060.D.1 be dedicated for the Cattail Creek ditch and the southwest watercourse prior to final plat approval. Code provision 10 is also related to agricultural water user facilities and provides conditions required to be satisfied prior to culverting and other infrastructure installation. Per BMC 38.220.060.A.8 final approval of the proposed use or discontinuance of each of the ditches shown on the preliminary plat from the users must be submitted to the review engineer prior to infrastructure approval. In the accompanying infrastructure set, there are two culverts serving an irrigation ditch that crosses Davis Lane and Valley Center Road near the intersection of those two roads. The improvements over the existing culvert in Davis lane and extension of the existing culvert in Valley Center 27 23366 Staff Report for Turnrow Subdivision Page 4 of 37 Road must be approved by the ditch users. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits needed for impacting watercourses and wetlands (i.e., 310, 404, Turbidity exemption, etc.). Any required permits must be obtained by the applicant and provided to the Community Development Department prior to construction and final plat approval. The City’s wetlands consultant reviewed the aquatic resources delineation and functional assessment and found the reports to be sound with a recommended code provisions for the application to obtain the required permits prior to commencing any construction. Watercourse plantings as trees, shrubs, and native grass seed will be provided for restoration where impacts are proposed for necessary infrastructure construction. Further analysis of the is located below in the staff analysis section for Surface Water. On September 17, 2024 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any waivers or variances with this application. The City did not receive any written public comment on the application as of the writing of this report. The final decision for this preliminary plat must be made by January 15, 2025 or 80 working days from the sufficiency date per BMC 38.240.100 and MCA 76-3-616 for exempt subdivisions. The Community Development Board acting in their capacity as the Planning Board considered the application and provided a recommendation of approval on November 4, 2024. No public comment was received at the meeting. There were no questions to staff, and no discussions regarding the proposed subdivision. A motion to recommend approval of the subdivision was passed 8-0. Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 28 23366 Staff Report for Turnrow Subdivision Page 5 of 37 TABLE OF CONTENTS EXECUTIVE SUMMARY .........................................................................................................1 Unresolved Issues. ...........................................................................................................2 Project Summary .............................................................................................................2 Alternatives .....................................................................................................................4 SECTION 1 – MAP SERIES ......................................................................................................6 SECTION 2 – REQUESTED VARIANCES ............................................................................. 12 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ......................................... 13 SECTION 4 – CODE REQUIREMENTS ................................................................................. 13 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ........................................... 20 SECTION 6 – STAFF ANALYSIS and findings ....................................................................... 20 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 20 Documentation of compliance with adopted standards 38.220.060 ................................. 26 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 32 APPENDIX B – PROJECT DESCRIPTION ............................................................................. 36 APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................ 36 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................ 36 FISCAL EFFECTS ................................................................................................................... 36 ATTACHMENTS ..................................................................................................................... 37 29 23366 Staff Report for Turnrow Subdivision Page 6 of 37 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 30 23366 Staff Report for Turnrow Subdivision Page 7 of 37 Exhibit 2 – Future Land Use Map 31 23366 Staff Report for Turnrow Subdivision Page 8 of 37 Exhibit 3 – Phase 1 Preliminary Plat (see all sheets in file) 32 23366 Staff Report for Turnrow Subdivision Page 9 of 37 Exhibit 4 – Phasing Exhibit (see all sheets in file 33 23366 Staff Report for Turnrow Subdivision Page 10 of 37 Exhibit 5 – Landscaping Plan (see all sheets in file) 34 23366 Staff Report for Turnrow Subdivision Page 11 of 37 Exhibit 6 – Parks and Open Space 35 23366 Staff Report for Turnrow Subdivision Page 12 of 37 Exhibit 7 – Land Use Plan 36 23366 Staff Report for Turnrow Subdivision Page 13 of 37 SECTION 2 – REQUESTED VARIANCES No variances are requested with this application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include one (1) signed reproducible copy on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorders office has elected to continue the existing medium requirements of 1 mylar with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Sec. 38.220.020.A – Streambed, Streambank, and/or Wetlands Permits. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any required permits must be obtained by the applicant and provided to the Community Development Department prior to construction and final plat approval. 3. Sec. 38.220.070.A.3 – Noxious Weeds. Prior to final plat approval, a memorandum of understanding must be entered into by the weed control district and the developer. The memorandum of understanding must be signed by the district and the developer prior to final plat approval, and a copy of the signed document must be submitted to the community development department with the application for final plat approval. 37 23366 Staff Report for Turnrow Subdivision Page 14 of 37 4. Sec. 38.220.300, 310, and 320. Property Owners’ Association. Final Property owners’ association (POA) documents including covenants must be provided with the final plat prior to being finalized and recorded. The POA documents must include the requirements of BMC 38.220.300, 310, and 320 where applicable. Additionally based on the provided documents revise and add the following. a. Any section that requires construction of sidewalks needs to match the City's one year requirement for financially guaranteeing sidewalks in BMC 38.270.060.D.2. b. Page 22 states "All building heights, encroachments, etc. are governed by the BMC and Turnrow Subdivision. Bozeman regulations in Sec. 38.530.404" this code section does not exist and must be revised. c. Pages 33 states “All landscaping must be maintained to the minimum standard stated in The City of Bozeman ordinance (36.28.100)" this code section does not exist and must be revised. d. A section addressing agricultural uses of neighboring properties must be included in the following form: "Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening." e. The applicant must provide a permanent funding source, such as the levying of assessments against all properties within the development, for alley maintenance where alleys in the development are designed to accommodate public utility lines and other infrastructure. The alleys in the proposed subdivision functioning as privately maintained public streets for the purposes of utility conveyance must provide the required documentation detailed BMC 38.400.020.A.2 prior to final plat approval. 5. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the certificates on the final plat must follow the language in the corresponding certificates in this code section. 6. Sec. 38.240.530 – Certificate of Water Related Improvements. Any well, including equipment and associated permitting, used for public irrigation must be transferred to the City or POA as applicable. A certificate of water related improvements is required per Section 38.240.530. Any financially guaranteed water related improvements agreements must include a warranty of workmanship. 7. Sec. 38.270.030.B & Sec. 38.270.030.D – Concurrent Construction. All improvements must be installed prior to the issuance of a building permit for any lot within a subdivision, except when concurrent construction is an identified purpose of the initial project review and approved pursuant to the criteria established in subsection D of this section. Concurrent construction approval is required prior to final plat approval. a. Sec. 38.270.030.D - Prior to final plat approval the concurrent construction phasing plan must be updated to include the Final Striping for East Valley Center 38 23366 Staff Report for Turnrow Subdivision Page 15 of 37 Road and the final activation of the traffic signal at the Davis Lane and Valley Center Road intersection with phase 1.1 required subdivision infrastructure. 8. Sec. 38.270.080.B – Nonfinancial securities. Lots shown on the plat that are subject to sketch plan review (building permit only) in phase 1.1 are subject to an active no build restriction. The lot restrictions may be lifted, only once the required subdivision infrastructure for each phase has been completed and accepted by the City per BMC 38.270.030.D.1.A. The city will provide a no build restriction prior to final plat approval 9. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by Developer and Property Owners’ Association. a. The subdivisions stormwater maintenance plan must clearly state the following condition. "The property owners association (Insert Final Property Owners Association Name as recorded in the CC&Rs) shall be responsible for the maintenance of all stormwater management facilities located outside of the public right-of-way." The approved stormwater plan must be incorporated into the property owners’ association documents and a copy of the documents demonstrating the inclusion of the stormwater maintenance plan must be provided prior to final plat approval. b. The applicant must provide a maintenance plan for the dewatering system including the maintenance plan in the property owners’ association documents prior to final plat approval. The plan must include the long-term maintenance instructions for the Properties Owners’ Association. 10. Sec. 38.360.280 – Agricultural water user facilities. Alterations to agricultural water user facilities must be approved by all owners of the facility as required under MCA 70- 17-112. Documentation of the approval must be provided for the alterations of the agricultural water user facilities prior to City infrastructure approval for the widening of Davis Lane. Additionally, with the infrastructure submittal please identify the party responsible for the maintenance of the culvert and provide a maintenance plan for the pipe. If an entity other than the Owner/POA will be responsible, written approval for the design and maintenance plan must be provided prior to scheduling of the pre-construction conference. 11. Sec. 38.400.060 – Street Improvement Standards. Access Level of Service Standards. Prior to final plat approval, the applicant must provide MDT approval for all improvements within MDT right-of-way. This includes, but not limited to, the proposed access at East Valley Center Road and Quicksilver Road, the proposed intersection improvements at East Valley Center Road and Quicksilver Road, and the proposed intersection improvements at East Valley Center Road and Davis Lane. 12. Sec. 38.400.110.A and 38.270.020.B.2.c – Transportation Pathways. The applicant must construct the Valley Center Multimodal trail with phase 1.1 improvements. The applicant may draft and submit for review, a payback agreement for the scope of work associated with the trail improvement as requested. The applicant is advised that private payback agreements that include City infrastructure must be submitted for transportation 39 23366 Staff Report for Turnrow Subdivision Page 16 of 37 and engineering department review and be presented to the City Commission for approval. 13. Sec. 38.400.070 – Street Lighting. Subdivision lighting special improvement lighting district (SILD) information shall be submitted to the City and the district formed after preliminary plat approval in hard copy and digital form. Any final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the Phase 1 preliminary plat. The approval to create or annex to an existing SILD must be granted prior to Final Plat Approval. 14. Sec. 38.400.090 - Access and Sec. 38.410.040 – Blocks. All pedestrian access easements and open space lots used to mitigate block length and provide greenway corridor lot frontage must be developed with landscaping and walkways prior to final plat approval and cannot be deferred to adjacent property owners. 15. Sec. 38.410.060. - Easements. All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the City prior final plat approval. The applicant may contact the review engineer to receive standard templates. a. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. b. The applicant must submit for review and approval all easements which designate space for public or private utilities that are not in the designated pubic right of way, including but not limited to, the Water and Sewer pipeline easements designated in the commercial space of Block 1, and Storm Water detention system U-1 storm drainage easement. All such easements applicable to the spatial orientation of utilities on the plat, which are not in public right of way, must be reviewed, approved, executed by applicable owners and the City Commission, and filed with the County Clerk and Recorders office prior to final plat approval. c. A public right of way utility occupancy permit must be executed for the 15-storm drain conveyance pipe connected to storm drain detention facility U-2 that crosses the public water and sewer pipeline easement in the common open space. The encroachment permit agreement must be approved and executed prior to final plat approval. d. All roads on the preliminary plat showing as future right of way must be dedicated as easements and must be reviewed, approved, executed by applicable owners, and the City Commission, and filed with the County Clerk and Recorders office prior to phase 1.1 final plat approval. e. The applicant must establish easements or another perpetual control (agreement) to prevent encroachment or disruption of drainage ways or facilities. Please provide reference to an access easement on the preliminary plat for maintenance of storm drainage detention facility U-2 as summarized in the Storm Water Design Report. The facility U-2 will be maintained by the POA and access must be ensured as well as encroachment avoided for this facility by means of an easement. 40 23366 Staff Report for Turnrow Subdivision Page 17 of 37 16. Sec. 38.410.060.D – Easements for agricultural water user facilities. An agricultural water user easement meeting the requirement of 38.410.060.D.1. must be dedicated for Cattail Creek and the un-named tributary of Buster Gulch prior to final plat approval and notice stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85-7-2211 and 85-7-2212, MCA regarding duties and liability, per 38.410.060.D.6. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from the final plat but may be referenced on a final plat. a. The developer's professional engineer must certify, prior to infrastructure approval for the widening of Davis Lane and provide the certification with the final plat application materials, that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility 17. Sec. 38.410.070.A. – Municipal Water, Sanitary Sewer, and Storm Sewer System. a. The Applicant’s engineer’s (HDR) Valley Center Lift Station design report defines the need for the installation of a section of the Valley Center Lift Station sewer force main in Phase 1.1 of the Turnrow Subdivision. The Applicant’s concurrent construction plan indicates their intention to construct the portion of the force main that runs through Block 1 of Phase 1.1; however, the Development Agreement for Provision of Utilities and Affordable Housing (recorded as document 2795883) provides the City required actions include constructing both the Valley Center Lift Station and the supporting Valley Center force main. The City has until December 31, 2026 to construct this infrastructure. The Applicant may desire to seek final plat for Phase 1.1 prior to December 31, 2026. Due to the Applicant’s proposed timing for final plat for Phase 1.1, if the Applicant would like to be reimbursed for the construction of the section of the Valley Center sewer force main within Phase 1.1, prior to final plat of Phase 1.1, the Applicant must enter into an agreement with the City that would require the Applicant to comply with the applicable requirements for the public procurement, bidding, and construction process associated with construction of the Valley Center sewer force main. b. Prior to final plat approval of future phases outside of Phase 1 of the Turnrow Preliminary Plat, the Valley Center Lift Station improvements, including the lift station and sewer force main and related infrastructure, must be complete and operational to service all lots that are not in the Phase 1.1-1.4 gravity drainage footprint. 18. Sec. 38.410.130 - Water Adequacy. Per section 6 of the Annexation Agreement for the subject property, any useful water rights including 41H-30153494 and Farmers Canal shares, must be transferred to the City. The transferred rights will be used to offset the 41 23366 Staff Report for Turnrow Subdivision Page 18 of 37 development's estimated demand. A water rights transfer agreement will need to be finalized and executed prior to final plat approval. a. The applicant is advised that since the issuance of the pre-determination letter, the DNRC has changed its policy and applicants may no longer rely on pre- determination. The DNRC will analyze projects to determine whether they may be permitted at the time of filing of the Notice of Completion of Groundwater Development (DNRC 602 Form). Establishment of the water right for wells servicing public lands must be demonstrated and transfer completed prior to full acceptance by the City. 19. Sec. 38.420.020 – Park area requirements, Sec. 38.420.030 – Cash donation in-lieu of land dedication, and Sec. 38.420.080 – Park Development. a. Cash-in-lieu of land dedication value is currently $2.65/sf. Final cash-in-lieu value established at time of final plat approval. The applicant must update the parkland tracking table to reflect the appraisal value in effect at the time of final plat application. b. A final park master plan and construction drawings are required prior to requesting a preconstruction meeting and commencing park construction. c. A park preconstruction meeting with the Park Division is required prior to any site work. Applicants must provide the most recent park plans with revisions redlined and request a meeting at least 30 days prior to commencement of parkland construction. d. The following note must be added the final plat: Snow removal from sidewalks within parks that serve as primary egress from private lots is the responsibility of the property owners’ association e. Easements for trails within open space parcels must include agreement to utilize citywide wayfinding and allow parks staff to install and/or repair wayfinding. f. To ensure coordination when parks are being created by a multiphase development, the entire parkland dedication must be accomplished at the time of the phase 1 final plat. If necessary, this may be accomplished through the grant of public access easements through restricted lots. 20. Sec. 38.550.060 – Landscaping and irrigation performance and design standards. Compliance with the most recent version of the City of Bozeman Landscape and Irrigation Performance and Design Standards Manual is required pursuant to this division and chapter 40, article 2 of this Code. The applicant must demonstrate compliance with final landscaping drawings per Sec. 38.220.070. a. “City of Bozeman Landscape and Irrigation Performance and Design Standards Manual" -3.2.2 - "Required Elements of the Landscape Design Plan for Preliminary Plat" - Item 6) AND 3.2.1 - "Parking Lot Requirements" AND 3.2.1 - "Tree Requirements Outside of Parking Lots and Boulevards" -Item 7) d) L000 contains a table showing the required and proposed number of trees. Boulevards and parking lots, such as the one in O.S. 10, must follow parking lot tree requirements instead of the manual's tree requirements. Trees in boulevards and 42 23366 Staff Report for Turnrow Subdivision Page 19 of 37 parking lots do not count towards the manual's required number of trees. Boulevards and parking lot areas are exempt from the square footage used to calculate the number of required trees. Update the table to show the required and provided number of trees in applicable open spaces at the final plat or prior to installation (whichever occurs first) submittal. b. "City of Bozeman Landscape and Irrigation Performance and Design Standards Manual" - 3.3.1 - "Sprinklers/Overhead Irrigation" - Item 6). Overhead spray irrigation is prohibited in areas less than eight feet wide. Open Spaces 6-10 and 12-15 all have areas under 8' wide that are irrigated by overhead spray. Remove overhead irrigation from these areas and propose an alternative irrigation method or adjust the site layout to accommodate overhead irrigation at the final plat or prior to installation (whichever occurs first) submittal. c. "City of Bozeman Landscape and Irrigation Performance and Design Standards Manual" -3.3.2 - "Required Elements of the Irrigation System Design Plan for Preliminary Plat" - Item 6) i). L602 - Note 10 calls out a weather/moisture sensor. This information is missing on the plan. Include the sensor location on the plan at the final plat or prior to installation (whichever occurs first) submittal. d. "City of Bozeman Landscape and Irrigation Performance and Design Standards Manual" -3.3.2 - "Required Elements of the Irrigation System Design Plan for Preliminary Plat" - Item 3). Include assumed static pressure of wells at the final plat or prior to installation (whichever occurs first) submittal. e. "City of Bozeman Landscape and Irrigation Performance and Design Standards Manual" - 3.1.3. Prior to commencing any work, the applicant must contact the Water Conservation Division to schedule a pre-installation meeting. f. "City of Bozeman Landscape and Irrigation Performance and Design Standards Manual" - 3.2.2 - "Required Elements of the Landscape Design Plan for Final Plat and Site Plan" - and 3.3.3 - "Required Elements of the Irrigation System Design Plan for Final Plat or Site Plan". A landscape and irrigation plan(s) following the requirements of these sections must be submitted and approved by the Water Conservation Division at final plat or prior to installation (whichever occurs first). 21. Sec. 38.550.070 – Landscaping of Public Lands. The developer must at the time of initial development install landscaping, boulevard trees and an irrigation system in city rights-of-way boulevard strips and medians along all collector or arterial streets and all streets adjacent to parks or open space areas prior to final plat approval. Prior to installing landscaping in these areas, the developer must submit a landscaping and irrigation plan to the city for review and approval. The landscape and irrigation plan must be prepared by a qualified landscaping professional meeting the requirements of this division 38.550. a. State rights-of-way. Landscaping must be installed along state rights-of-way, in the same manner described in this section prior to final plat approval, provided that the state department of transportation has reviewed and approved the proposed landscaping plan. Maintenance of landscaping installed within the boulevard portion of the state right-of-way is the responsibility of adjacent 43 23366 Staff Report for Turnrow Subdivision Page 20 of 37 property owners unless a different responsibility is established by the encroachment permit. 22. Sec. 38.600.150 – Floodplain analysis. The Flood Hazard Evaluation must be provided with the infrastructure plan submittal, and updated as needed to reflect changes or refinements to the proposed subdivision and infrastructure grading to ensure compliance with the BMC 38.600 prior to final plat approval. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on September 17, 2024. Planning Board meeting was held - Monday, November 4, 2024 at 6:00 pm. A summary is located above in the project summary, and a video of the meeting is available on the City’s website. The Community Development Board in their capacity as the Planning Board voted 8-0 to recommend approval of the subdivision application. City Commission meeting will be held Tuesday, November 19, 2024 at 6:00 pm SECTION 6 – 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. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 44 23366 Staff Report for Turnrow Subdivision Page 21 of 37 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public hearings were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. Review of this subdivision was conducted under the terms of 76-3-616 MCA as authorized in 38.240.100. The Department of Community Development received a preliminary plat application on February 8, 2024. The DRC reviewed the preliminary plat application and determined the submittal did not contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on May 13, 2024. The DRC determined the application was still not adequate for continued review. A revised application was received on August 16, 2024. The DRC determined the application was adequate for continued review September 17, 2024 and recommended conditions of approval and the code corrections for the staff report. The applicant posted public notice on the subject property on October 9, 2024. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on October 9, 2024. Per notes included the applicants public notice declaration form, contact information was not able to be obtained for the adjacent Valley Center Subdivision Park parcel since the property owners’ association is not currently active. The applicant provided details for three individuals that reside or own property in the Valley Center Subdivision and outreach was conducted in lieu of mailing a notice for the park space. The individual responsible for maintenance of the park on a volunteer basis will be provided a public notice. No public comment had been received on this application as of the writing of this report. On October 30, 2024 a major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete 45 23366 Staff Report for Turnrow Subdivision Page 22 of 37 the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy (DSSP) and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Water/sewer – The subdivision will not significantly burden city water and sewer infrastructure with the recommended conditions of approval and code provisions. Document 016 contains the preliminary design report for water systems improvements in the proposed subdivision, stamped by a professional engineer licensed in the State of Montana. This report was reviewed by the Engineering Division for compliance with state and local Public Works Standard Specifications, the City’s design standards, the City of Bozeman Water Facility Plan, and the City of Bozeman Fire Service Line Standard and found to meet with code provisions the City’s review requirements. Per the design report, “there is adequate volume and pressure to supply domestic and fire service for all buildings in the proposed development.” Final plans and specifications will be prepared and reviewed after action on the preliminary plat. The proposed design will tie into a single existing water main in Davis Lane to create a looped distribution system within the development. The water design report contains an analysis for phased improvements starting with phase 1.1 through phase 1.4 to ensure adequate service with phased construction. Through the subdivision review process the applicant has proposed several alley sections that will contain either a single public utility or both water and sewer mains. Due to the requirement for a utility line to be no more than 9 feet from the edge of the easement or less than 10 feet from a parallel utility line, the alley widths fluctuate from 20 and 30 feet to accommodate the presence of this utility infrastructure. Code provision 4e requires funding and maintenance of all alleys that contain public utilities by the property owners’ association. Since the alleys are functioning as local streets for the purposes of utility conveyance, this code provision also requires a hold harmless and indemnification agreement and a perpetual legal instrument, acknowledging that the city will not assume maintenance of the alleys due to the presence of the private utilities per BMC 38.400.020.A.2. Code provision 18 requires the applicant offset estimated water demand prior to final plat approval per subsection D of BMC 38.410.130. Per this section, the application may either transfer water rights into city ownership that are appurtenant to the land being developed or as acceptable to the city, provide payment of cash-in-lieu of water rights at a rate established by the most recent City Commission resolution, or a combination of both. This project was annexed into City limits in 2022 under the Silo Annexation and Zone Map Amendment, application 21442. The annexation agreement for the subject property located in the City’s online document repository here, states “the Landowner must transfer any water rights that exist for this property to the City of Bozeman prior to development that the City of Bozeman determines are useful for City purposes. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in any amount determined by the Director of Public Service, prior to development. 46 23366 Staff Report for Turnrow Subdivision Page 23 of 37 Application document 017 contains the preliminary design report for wastewater system improvements, stamped by a professional engineer licensed in the State of Montana. An existing 27” sewer main is located within Davis Lane; this main will capture wastewater from the phase 1 subdivision. Per the design report “subsequent phases of the project will consist of a minimum of 8” sewer mains flowing to the NW corner of the development where the City of Bozeman currently has a lift station contracted to be constructed with funds available in 2025.” Recorded document 2795883 contains a “Development Agreement for Provision of Utilities and Affordable Housing” recorded February 16, 2023. Per this agreement the “Developer desires completion of certain public wastewater improvements to benefit it’s property [the subject property],” and “the City desires to facilitate the Developer’s request to expedite the construction of a wastewater system improvement project, the Valley Center Lift Station, to service all lots and parcels within the property that cannot gravity drain into the Cattail Creek Drainage Basil, the Hidden Valley Lift Station, the Davis Lane Sewer Line, or any other planned lift station.” With the City’s agreement to add the Valley Center Lift station and force main infrastructure to the 2015 Wastewater Collection Facilities Plan and the Wastewater Facilities Capital Improvement Plan (CIP), the applicant agrees to provide a 5-acre parcel of land for the development of affordable housing via a community land trust (CLT) or other qualified third party. A condition of the agreement requires this action to happen concurrently with the platting of the parcel on which the Valley Center Lift Station will be located. Application drawing 008 shows plat sheet 8 and the location of Restricted Lot 1, which is the site of the future lift station. As a restricted lot, no development may occur on the lot prior to a subsequent subdivision application, infrastructure construction, and a recorded plat. Code provision 17 contains requirements for the construction of sanitary sewer systems including the construction of a force main through block 1 for the future Valley Center Lift Station and general lift station improvements required prior to future development outside of phase 1. 17.a addresses the timing conflict between the applicant and the City in regards to the section of force main required to be constructed though phase 1, that is not necessary to serve phase 1, and the ability for the the Developer to be reimbursed through the public procurement process. Application document 017.01 shows the location of the sewer force main through block 1. Easements - The final plat must provide and depict all necessary utilities and required utility easements. Code provision 15 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities will be located within dedicated street right of ways and within alleys. The applicant must submit for review and approval all easements, which designate space for public or private utilities that are not in the designated pubic right of way. Additional required easements include public drainage easements for all stormwater facilities located on private property, and an agricultural water user’s easement to ensure maintenance access for all downstream agricultural water users. All easements must be provided using the City’s standard language. Ten-foot front yard utility easements are depicted on the preliminary plat and are proposed to be granted with the final plat in accordance with standards. An existing public access easement, recorded under document 2791403 with the 47 23366 Staff Report for Turnrow Subdivision Page 24 of 37 Gallatin County Clerk and Recorder, provides the necessary right-of-way for the public to utilize the Valley Center multimodal trail required in code provision 12 to be constructed with phase 1.1 improvements. Copies of additional existing easements are required to be provided with the final plat application. Parks – The applicant proposes to meet Park and Recreation requirements through a combination of parkland dedication and improvements-in-lieu (ILLP) of dedication. Park and Recreation requirements using a net residential land area of 9.79 acres and maximum dedication of 12 dwelling units per acre (8 du as land dedication and 4 du as CILP/ILLP) result in an initial requirement of 2.35 acres of land dedication with an additional 1.18 acres of land equivalent as cash-in-lieu/improvements-in-lieu. The appplicant proposes 2.56 acres of parkland dedication with 0.97 acres of adjusted land equivalent as improvements-in-lieu. Phase 1 parkland dedication consists of two parkland areas, as shown in application drawing 046, and the Turnrow Subdivision Park Master Plan. Park 1 improvements include a pavilion for neighborhood events and performances, lawn and picnic space, two pickle ball and two half-basketball courts, and pathways. Park 2 will feature picnic areas and a recreational trail. There are code provisions, listed as code provisions 19a-f. Provision 19a requires the applicant to update the cash-in-lieu (CILP) value accordingly at final plat application. This provision ensures the CILP values used to determine IILP improvement values is based on the most recent up to date evaluation. 19b requires a final park master plan and construction drawings prior to requesting a preconstruction meeting. 19c requires a preconstruction meeting with the Parks Division prior to commencement of parkland construction. These two provisions will help the applicant to follow the correct construction process with the City. Provision 19d requires a note on the plat that the property owners’ association is responsible for snow removal where lots will front on the park and primary egress from private lots will be within the park. This provision ensures maintenance of lot frontage sidewalks does not become a burden to the Parks Department. Provision 19e requires that easements for trails located within open space parcels must include the citywide wayfinding signage and allow Parks staff to install and/or repair wayfinding signs. This provision will help connect the proposed trails to citywide park infrastructure with consistent signage and directions for users. Provision 19f allows the department to coordinate overall parkland dedication for multiphase developments. Future park areas currently located in restricted lots 1-20 are depicted in Exhibit 6. The proposed park master plan meets the required parkland dedication and improvement standards with conditions and code provisions. The Parks Department reviewed the parkland proposal for consistency with the park master plan for Turnrow Subdivision, adjacent park master plans, and area sub-plans. Stormwater – A preliminary stormwater design report was prepared by a professional engineer with Morrison Maierle and is located under application document 018. The subdivision will construct stormwater control facilities to conform to municipal code and design standards Code provision 9 details required development or maintenance of common areas and facilities to be maintained by the property owners’ association. 9a requires the property owners’ association to 48 23366 Staff Report for Turnrow Subdivision Page 25 of 37 maintain all stormwater facilities outside of the public right-of-way and incorporate a maintenance plan into the association documents prior to final plat approval. This will ensure the proper maintenance of necessary stormwater infrastructure as the subdivision is developed and occupied. An associated plat note is provided on preliminary pat sheet 012 to notify future property owners of the property owners’ association requirements for ongoing maintenance of these stormwater facilities. Agricultural water user facility – The applicant provided documentation of downstream agricultural water users and notification, in accordance with BMC 38.360.280, was provided to those users with this preliminary plat application. There are two surface water facilities, which are classified as both natural streams and ditches used to convey water for agricultural uses, or “stream-ditches,” that cross the subject property. Cattail Creek has an adjacent irrigation ditch at the northeast corner of the proposed subdivision and is the primary facility to be impacted with this application that is linked to agricultural water use, due to the development of block 1 in phase 1 and the required expansion of Davis Lane and associated intersection and pedestrian infrastructure. The facility at the southwest corner of the development, known as an un-named tributary of Buster Gulch, is to be placed within park and open space areas and no relocation or changes to that facility are proposed at this time. Any impacts to the southwest facility are required to be identified with subsequent subdivision review required to develop the restricted lots adjacent to that stream-ditch. Individual users, as well as the Board of Directors for Farmers Canal were provided notification of the proposed impacts to both stream/ditches including the expansion of Davis Lane along Cattail Creek. An agricultural water user’s easement must be provided per code provision 16. The easements must be prepared as documents separate from the final plat but may be referenced on the final plat. Per code provision 10, Alterations to agricultural water user facilities must be approved by all owners of the facility as required under MCA 70-17-112. Documentation of the approval must be provided for the alterations of the agricultural water user facilities prior to City infrastructure approval for the widening of Davis Lane. Additionally, with the infrastructure submittal the applicant must identify the party responsible for the maintenance of the culvert and provide a maintenance plan for the pipe. If an entity other than the Owner/POA will be responsible, written approval for the design and maintenance plan must be provided prior to scheduling of the pre-construction conference for infrastructure improvements. The developer's professional engineer must certify, prior to final plat approval, that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. These code provisions are required to ensure that downstream agricultural water users are not impacted, and appropriate access for maintenance is provided per state law. Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this subject property. The subdivision does not impact the City’s ability to provide emergency services to the subject property. The necessary addresses will be provided to enable 911 response to individual parcels prior to recording of the final plat. For lots subject to site plan review, 49 23366 Staff Report for Turnrow Subdivision Page 26 of 37 addressing will be provided following the plan review process, and are dependent on the design and arrangement of buildings. Fire protection standards require installation of fire hydrants at designated spacing to ensure adequate protection. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement 16 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are generally located within dedicated street and alley right of ways. Easements for future roadways and parks within restricted lot areas are required prior to final plat approval. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots in phase 1 will have frontage on public streets, or frontage on an improved alley and a greenway corridor or trail corridor with public access, as allowed in BMC 38.400.090. Application document 03.01 depicts how alley and greenway frontage will function. Restricted lots 1-20 located beyond phase 1, that are not yet provided legal and physical access, are subject to further subdivision review prior to building permit issuance. Documentation of compliance with adopted standards 38.220.060 The Development Review Committee (DRC) completed a subdivision pre-application plan review on September 28, 2023 and no variances were requested. No waivers were granted during pre-application review. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water The subject property is bound to northeast by Cattail Creek and an unnamed stream-ditch along the southwest and west boundary, as classified by the Gallatin County Conservation District, and their associated wetlands. Both surface water features contain water year-round. Cattail Creek, its adjacent irrigation ditch, and associated wetlands are proposed for alterations to accommodate the Davis Lane road expansion, expansion of the Davis Lane and East Valley Center Road intersection, stormwater treatment and maintenance access, and required bike and pedestrian infrastructure. A wetland delineation report dated November 9, 2023 was provided by Morrison- Maierle and reviewed by the city’s wetland consultant TerraQuatic. Per the wetland delineation, the subject property contains 2,480 linear feet of waterway and 0.39 acres of palustrine emergent wetlands. 1,010 linear feet of Cattail creek “traverses the northeast corner of the project area” and contains 0.09 acres of fringe wetlands. The unnamed tributary of Buster Gulch is in the southwest corner of the property and has historically been used for irrigation of the subject 50 23366 Staff Report for Turnrow Subdivision Page 27 of 37 property. This unnamed tributary contains 0.30 acres of fringe wetlands. No alterations to the southwest stream-ditch are proposed at this time. TerraQuatic provided a list of corrections for their aquatic resources analysis of the wetland and watercourse information presented in letters provided to the applicant dated January 10, 2024, February 26, 2024, June 10, 2024, and July 25, 2024 as revisions to their application were reviewed. Initial review in January and February focused on submittal requirements and required information for their wetland delineation and wildlife reports. Applicant responses to that letter are located in application document 014.01. Because final impacts to Cattail Creek, its adjacent irrigation ditch, and associated wetlands area are subject to final infrastructure review design, which will occur following the preliminary plat review, the applicant cannot provide exact impacts with this application. It is known that Cattail Creek is currently conveyed under Davis Lane “via an existing 36” culvert beneath Davis Lane at the northeast portion of the property” according to application document 015.01. After the stream crosses the northeast portion of the property, it is “conveyed into the Montana Department of Transportation’s (MDT) right-of-way (ROW) for East Valley Center Road. Once in the MDT ROW, it is channelized and runs northwest beneath an existing access approach to Valley Center Road via an existing 60” culvert. After this access approach culvert, the creek continues northwest within MDT’s ROW prior to being conveyed beneath Valley Center via two 60” diameter culverts.” Alterations to Cattail Creek and the adjacent irrigation ditch are proposed to accommodate the widening of Davis Lane to a 3-lane section, and a redesign of the Davis Lane and Valley Center Rd. intersection. The applicant proposes culverts where roads are proposed to be expanded and new drive accesses and shared use paths propose to cross the stream and the irrigation ditch. The applicant has proposed culverts with fish resting structures near the midpoints of the culverts, and an embedded design to “function more naturally for aquatic organisms per guidance from the Montana Fish, Wildlife, and Parks.” The June 10, 2024 review letter from Terraquatic identified a potential agricultural wetland swale running north-south through the subject property and originating at the south end of the property. The applicant investigated Terraquatic’s findings in a technical memo dated July 2024 from Morrison Maierle, which can be found in application document 014.03. The resulting field analysis of soils, vegetation, and ground water concluded, “The targeted investigation area does not meet USACE’s criteria to be considered a wetland.” These results were accepted in a July 25, 2024 letter from Terraquatic. The wetland impacts are under the purview of the U.S. Army Corps of Engineers. The applicant intends to submit a “Joint Application for Proposed Work in Montana’s Streams, Wetlands, Floodplains, and other Water Bodies.” Code provision 2 requires the applicant obtain required permits from the Gallatin County Conservation District, Montana Department of Environmental Quality, and the U.S. Army Corps of Engineers regarding the proposed project. These permits must be applied during infrastructure review and provided prior to construction and final plat approval. 51 23366 Staff Report for Turnrow Subdivision Page 28 of 37 Watercourse plantings as trees, shrubs, and native grass seed will be provided for restoration and meet BMC 38.410.100. Application drawing 003 is sheet 3 of the preliminary plat. This sheet depicts a section of the northeast corner of the property that contains open space 1 (O.S. 1 on the sheet). This open space parcel contains the Cattail Creek watercourse as it traverses the subject property, as well as zones 1 and 2 of the watercourse setback per BMC 38.410.100.A.2. In this code section, exceptions to the setback area are listed including what infrastructure, facilities, or structures may be placed within each zone. This sheet depicts the proposed location for an underground stormwater storage system in zone 2, which is permitted per this section, as well as a 12-foot asphalt path through a 25-foot public trail easement, and a 10-foot asphalt path crossing the stream. Per BMC 38.410.100.A.2.e(3) - Streets, sidewalks, utility lines or similar public construction may be permitted within all zones for the purpose of crossing a watercourse or protecting public health and safety. The shared use path and sidewalk crossings are permitted and consistent with this exception provided in the watercourse setback standards. Additionally, the 12-foot shared use path will provide the access needed to maintain the underground stormwater storage system serving public infrastructure. Per code provision 10, Alterations to agricultural water user facilities must be approved by all owners of the facility as required under MCA 70-17-112. Documentation of the approval must be provided for the alterations of the agricultural water user facilities prior to City infrastructure approval for the widening of Davis Lane. An agricultural water user’s easement must be provided per code provision 16. The developer's professional engineer must certify, prior to infrastructure approval for the widening of Davis Lane and provide the certification with the final plat application materials, that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility 38.220.060.A.2 - Floodplains A flood hazard evaluation report completed by Morrison Maierle, stamped and signed by a professional engineer, was provided in application document 015 and is dated March, 2024. The report details a study of a 100-year flood event completed for Cattail Creek due to the proximity to the proposed phase 1 subdivision and the proposed alterations to accommodate transportation infrastructure. Simulation models for a flood event were provided for existing and proposed conditions, with only existing conditions considered for the southwest stream-ditch known as an unnamed tributary of Buster Gulch. The resulting flood hazards were evaluated by the Engineering Division against code requirements contained in BMC 38.600. The resulting hazard was found to meet BMC 38.600.050. No land deemed to be subject to flooding is proposed to be developed for new buildings, and no additional flood mitigation is required or proposed for the phase 1 subdivision. The applicant is required to update the flood hazard evaluation report as needed to reflect changes or refinements to the proposed subdivision and infrastructure grading to ensure compliance with the BMC 38.600 prior to final plat approval. 52 23366 Staff Report for Turnrow Subdivision Page 29 of 37 38.220.060.A.3 - Groundwater A groundwater investigation was completed May 2021 to August 2021 and provided in the Preliminary Stormwater Design Report by Morrison Maierle and was stamped and signed by a professional engineer. This is located in application document 018. The report found that groundwater levels “experience seasonal variations but are generally relatively deep.” Storm treatment structures were designed to be located above seasonal high ground water levels which will ensure adequate “treatment volumes as required.” This report was evaluated by the Engineering Division against code requirements in Chapter 38 and engineering design manuals and was found to meet standards. No groundwater hazards to future residents or structures was identified by staff, and no code provisions related to groundwater have been provided. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. A geotechnical investigation report was provided by Rawhide Engineering Inc. and has been stamped and signed by a professional engineer registered in the State of Montana and reviewed by the Engineering Division for compliance with City standards. 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities identified on site. 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. There are no known critical habitats on the property or observed or mapped threatened or endangered species. The property is bound by East Valley Center Road, Interstate 90, and industrial development to the north, agricultural uses to the south, subdivided residential development to the west, and mixed residential and commercial development to the east. The aquatic resources on the property have been impacted by agricultural crop production and are used for irrigation water supply. The applicant provided a technical memo from Morrison Maierle, prepared environmental by scientists originally dated February 8, 2023, and updated October 2023 and July 2024. 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. The site is historically used for irrigated crops and most recently planted with malt barley per the applicant’s submittal. No continuance of agricultural activities is proposed as the subdivision is developed through current and future phasing. The subject property is designated as urban neighborhood according to the 2020 Bozeman Community Plan. The area is zoned for residential, commercial, and mixed uses under the REMU zoning designation. The subject property is surrounding by unannexed residential development to the west and state highways to the north. Adjacent agricultural uses to the south require the applicant to include a section in future property owner’s association documents addressing agricultural uses of neighboring properties in the following form: "Lot owners and 53 23366 Staff Report for Turnrow Subdivision Page 30 of 37 residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening." 38.220.060.A.8 - Agricultural Water User Facilities See discussion above under primary review criteria. 38.220.060.A.9 - Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. Also see discussion above. 38.220.060.A.10 - Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. 38.220.060.A.11 - Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the proposed development and nearby areas by improving adjacent principal and minor arterial streets, enhancing multi-modal transportation, and providing local street access to proposed developable lots. Five local streets are proposed within phase 1 of the subdivision. Quicksilver Road and Gunsmoke Avenue are two north-south running local streets proposed with the subdivision. Turnrow Trail, Durango Lane, and Westlake Road are the proposed east-west running local streets. Westlake Road at the far south end, and Davis Lane along the eastern boundary of the subject property, are proposed as modified or non-standard street sections to accommodate adjacent unannexed property and the Cattail Creek watercourse. This design process was reviewed under the authority of the Director of Transportation and Engineering per BMC 38.200.010.F for modifications to the City’s street improvement standards in BMC 38.400.010. Improvements to Davis Lane and East Valley Center Road are also required and proposed with the subdivision as off-site improvements. East Valley Center Road is a Montana Department of Transportation (MDT) urban route. Design of the East Valley Center Road improvements including the phase 1 proposed approaches, future approaches, a new traffic signal at the intersection with Davis Lane, and a shared use path have been designed with input and preliminary approval from MDT which can be found under application document 011.06. This preliminary approval letter requires final design and traffic mitigations prior to final approval. Code provision 11 requires final approval and permitting from MDT prior to installation and final plat approval. 54 23366 Staff Report for Turnrow Subdivision Page 31 of 37 Phasing of infrastructure is detailed in the project narrative located under application document 001 beginning on page 9. Phase 1.1 lists required street and road improvements for concurrent construction, and required improvements prior to final plat approval that may be financially guaranteed. The narrative also lists street and road extensions required for phases 1.2-1.4. No concurrent construction infrastructure is proposed with phases 1.2-1.4 and all improvements listed will be completed prior to final plat approval except where sidewalks are located adjacent to individual lots and are the responsibility of the individual property owner at the time of purchase, and landscaping of public lands to accommodate seasonality. A Traffic Impact Study (TIS) dated April 2023, stamped and signed by a professional engineer, was provided and evaluated by the reviewing engineer for compliance with adopted design standards and code requirements. 38.220.060.A.12 – Non-Municipal Utilities The applicant has received confirmation of future service connections from Northwestern Energy, Charter, CenturyLink, and Yellowstone Fiber for the proposed subdivision. These responses are provided under application document 037.01. 38.220.060.A.13 - Land Use The application has provided future land use data consistent with the REMU zoning district. Proposed land uses for the subdivision are primarily residential in the form of 1-4 household (single detached, duplex, triplex, and four-plexes) on individual lots, townhouses and rowhouses, and multi-household (multi-family). Exhibit 7 shows proposed uses over the entire subdivision. Block 1 is intended for mixed use and commercial development and is included in phase 1. Blocks 7, 14, and 20 along Valley Center Road are proposed as multi-household and are currently restricted development lots subject to further subdivision review. 1-4 household and townhouse/rowhouse development is proposed in blocks 2, 3, 4, 5, 6, 9, and 10 with phase 1. Future phases in restricted development lots to the west of phase 1 are currently proposed as single household detached and attached (1-4 household). Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for REMU Zoning. 38.220.060.A.14 - Parks and Recreation Facilities The proposed subdivision will provide new parkland, and cash or improvements-in-lieu of parkland dedication. The proposal meets the required park dedication and improvement standards with conditions and code provisions. The Parks Department reviewed the parkland proposal also see the discussion above. 38.220.060.A.15 - Neighborhood Center Plan To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size or greater, must have a neighborhood center. The neighborhood center proposed for the phase 1 subdivision is the park located in block 3 on the plat. This park is located within 600 feet from 55 23366 Staff Report for Turnrow Subdivision Page 32 of 37 the geographic center point of the phase 1 development. Future phases of the subdivision currently platted as restricted lots will develop additional neighborhood centers with future subdivision applications. The park is proposed with street frontage on 3 sides which meets the 50-100% frontage requirement. Direct pedestrian access to the park is available via the street and sidewalk network proposed with the subdivision layout. The neighborhood center is also located adjacent to block 1 proposed with mixed and commercial uses, which may further enhance neighborhood identify with the availability of goods and services in close proximity to a public space. 38.220.060.A.16 - Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) must be created prior to final plat application. Code provision 13 is related to this issue. 38.220.060.A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be created with this development. 38.220.060.A.19 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned REMU, Residential Emphasis Mixed Use. 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, 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; 56 23366 Staff Report for Turnrow Subdivision Page 33 of 37 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 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 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; 57 23366 Staff Report for Turnrow Subdivision Page 34 of 37 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. The proposed subdivision is appropriate for this zone because of the proposed pedestrian amenities, enhancement of the natural environment within parks and open spaces, and the development of a variety of lot sizes that will allow for varying densities and uses. A neighborhood commercial center is planned adjacent to a public park, which will enhance the neighborhood sense of place. Per BMC 38.310.060.B a master site plan is required for REMU zoned properties greater than or equal to five acres in size prior to development. A master site plan application, under application number 23341 is in review with the Department of Community Development. REMU zoned properties will be required to meet all zoning criteria for this district intended to achieve the purpose of the district described above including but not limited to BMC 38.310.060 – Supplemental use provisions, and BMC 38.330.020 – REMU district special standards. Adopted Growth Policy Designation: Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (See below for the Table) 58 23366 Staff Report for Turnrow Subdivision Page 35 of 37 The subject property is designated as Urban Neighborhood. 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. This proposed subdivision is well suited to implement the Urban Neighborhood designation by providing residential and commercial development in varying building forms and intensities along two busy arterial corridors. The proposed subdivision is also planning pedestrian amenities across the park, trail, and open space system that will allow access to planned neighborhood commercial uses, and the park neighborhood center. The greater area to the east of the subdivision, within a half mile to a mile, contains a regional commercial center with access to medical treatment, shopping, groceries, and other services. Density and individual uses will be evaluated at the time of development against the REMU zoning requirements. The community plan has seven themes related to development goals within and surrounding the City. The proposed project supports at least one goal within each theme. The application supports Theme 1 – A Resilient City by furthering Goal R-2, which requires the City to pursue community decisions in a manner that supports resilience. This application has identified areas that pose flood risk and demonstrated that no structures are proposed within those areas. Flood risk is further mitigated by the upsizing of existing culverts used to convey surface water underneath roadways and other infrastructure. Furthermore, this application is subject to the Water Efficient Landscape Ordinance that will require all open spaces, boulevards, and private lots to develop with water efficient plants and irrigation components. This application supports Theme 2 – A City of Unique Neighborhoods, specifically goal N-1.5 that encourages neighborhood focal point development. By placing their neighborhood center park, next to the planned commercial and mixed-use land use areas they are encouraging the development of a focal point and encouraging a neighborhood sense of place. Additional goals within this theme include N-1.9 ensuring multimodal connections between adjacent developments, and N-1.10 for increasing connectivity between parks and neighborhoods through continued trail and sidewalk development. This application supports Theme 3 – A City Bolstered by Downtown and Complementary Districts. This application supports DCD-1.9, which promotes mixed-use developments with 59 23366 Staff Report for Turnrow Subdivision Page 36 of 37 access to parks, open space, and transit options, and DCD-2.2, which supports higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. This application supports Theme 4 – A City Influenced by Our Natural Environment, Parks, and Open Lands specifically Goal EPO-1, which prioritizes strategic acquisition of parks to provide a variety of recreational opportunities throughout the City, and EPO-2 that requires responsive development to natural features by creating parks, adjacent trails and amenities adjacent to the watercourse at the southwest. Theme 5 – A City That Priorities Accessibility and Mobility, is supported by the proposed application by constructing the shared use path along Valley Center Road, which supports goal M-1.9 for the prioritizing and construction of key bicycle infrastructure and enhancements with emphasis on completing network connectivity and safety. Theme 6 – A City Powered by its Creative, Innovative, and Entrepreneurial Economy. Goal EE- 1.3 is supported by the designation of commercial and mixed-use development within the REMU zoning district to support the immediate neighborhood and surrounding area. APPENDIX B –PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant, Intrinsik Architecture, 106 E. Babcock Suite IA, Bozeman, MT 59715, representing owner Virga Capital, PO Box 1070, Bozeman, MT 59715. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public meeting per BMC 38.220.420, The City scheduled public notice for this application on October 11, 2024. The applicant posted public notice on the subject property on October 9, 2024. The City sent public notice to physically adjacent landowners of record within 200-feet of the subject property via first class mail on October 10, 2024. The City has not received any written public comment on the application as of the writing of this report. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Virga Capital, PO Box 1070, Bozeman, MT 59715 Applicant: Intrinsik Architecture, 106 E. Babcock Suite IA, Bozeman, MT 59715 Representative: Intrinsik Architecture, 106 E. Babcock Suite IA, Bozeman, MT 59715 Report By: Danielle Garber, Associate Planner FISCAL EFFECTS Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. 60 23366 Staff Report for Turnrow Subdivision Page 37 of 37 Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. ATTACHMENTS The full application and file of record can be viewed digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at https://www.bozeman.net/departments/community-development/planning/project-information- portal, select the “Project Documents Folder” link and navigate to application 23366. Project documents are available at this direct link to the public Laserfiche archive for application 23366. The following documents and drawings are available in the online public archive:  Turnrow Subdivision Preliminary Plat sheets 1-12 combined (individual sheets located in the drawings folder linked above)  Phasing exhibit  Overall landscaping plan  Overall park landscaping plan  Plat Narrative  Land use  Park master plan  Overall subdivision green plan 61 LOTS - 15.22 acs.RESTRICTED LOTS - 83.53 acs.OPEN SPACE - 2.45 acs.PARK - 3.48 acs.RIGHT-OF-WAY - 10.00 acs.TOTAL - 114.68 acs.AREA SUMMARYSITUATED IN THE NE1/4 OF SECTION 27, TOWNSHIP 1 SOUTH, RANGE5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATINCOUNTY, MONTANA.PRELIMINARY PLAT OFTURNROW SUBDIVISIONPURPOSETO CREATE 146 REMU LOTS20 RESTRICTED LOTS16 OPEN SPACE LOTS2 PARK LOTSZONINGREMUOWNERVIRGA VENTURE II LLCPO BOX 1070BOZEMAN, MT 59771-1070 N0°36'43"E 195.38' R=523.09' L=160.42' Δ=17°34'16" CB=N9°16'00"W CH=159.79' N33°51'43"W 120.68' N 5 3 ° 3 2 ' 2 7 " W 1 3 5 0 . 1 1 ' N39°33'03"W 62.05' N53°32'27"W 302.20' N54°16'17"W 147.56' R=1849.86' L=375.42' Δ=11°37'40" CB=N61°36'08"W CH=374.77' N82°50'39"W 59.79' R=1834.86' L=619.18' Δ=19°20'05" CB=N78°53'01"W CH=616.25'S0°36'05"W 2552.36'N89°29'32"E 2221.92' N0°36'43"E 189.74' N89°29'25"E 420.77'N0°36'43"E 464.88'N89°23'17"W 50.00' ©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: Aug/01/2024 PLOTTED BY: cody farley DRAWING NAME: N:\6916\004 - Turnrow Preliminary Plat\ACAD\Survey\PrePlat\6916-004_PRE-PLAT_PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: GALLATIN 121Vigra Venture II LLC GALLATIN 6916.004 1" = 200' July 31, 2024 LRH CJF JCW 5E 1S 27NE MONTANA PRINCIPAL MERIDIAN, MONTANAengineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 200 4001002000 SCALE IN FEET SCALE: 1" = 2000'VICINITY MAPPROJECTAREAI-90 P.O.B.DAVIS LN.CITY OFBOZEMAN LEGEND PHASE 1 FUTURE PHASES Dated this _________________________ day of _________________________, 20___. ____________________________________________________________________________ By: __________________________ Authorized Signatory STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) This instrument was acknowledged before me on __________________, 20___, the undersigned Notary Public, personally appeared _____________________, known to me to be Authorized Signatory of _______________ of Montana who signed the foregoing instrument and acknowledged to me that _______________ of Montana executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above written. ________________________________[signature] Notary Public for the State of Montana ( S E A L ) ________________________________ [printed name] Residing at:________________, ___________ (City) (State) My commission expires:____________, 20___ CERTIFICATE OF CLERK AND RECORDER I, Eric Semerad, Clerk and Recorder of Gallatin County, Montana, do hereby certify that the foregoing instrument was filed in my office at _______ o'clock, __________(a.m., or p.m.), this _________ day of ______________, 20____, and recorded in Book ______ of Plats on page __________, and Document # ____________________, Records of the Clerk and Recorder, Gallatin County, Montana. Dated this __________ day of ____________________, 20____. ________________________________________ Eric Semerad Clerk and Recorder Gallatin County, Montana CERTIFICATE OF COUNTY TREASURER I, _______________, Treasurer of Gallatin County, Montana, do hereby certify that the accompanying plat has been duly examined and that all real property taxes and special assessments assessed and levied on the land to being divided have been paid. Dated this __________ day of ____________________, 20____. ________________________________________ Treasurer Gallatin County, Montana _________________________________________ Tax ID No. _________________________________________ Tax ID No. _________________________________________ Tax ID No. DEDICATION AND EASEMENT NOTE All streets, alleys, and right-of-way, shown hereon as "DEDICATED", are not easements. The intent of dedication is to convey all the streets, alleys, and right-of-way to the public, upon acceptance by the governing authority, CERTIFICATE OF COMPLETION OF PUBLIC IMPROVEMENTSI, and I, ________________________, a Registered Professional Engineer __________________ licensed topractice in the State of Montana, hereby certify that the following improvements, required to meet therequirements of Chapter 38 of the Bozeman Municipal Code or as Conditions of Approval of the have beeninstalled in Final Plat of The Turnrow Subdivision conformance with the approved plans and specifications, orfinancially guaranteed and covered by the improvements agreement accompanying this plat.Installed Improvements:1.2.3.4.Financially Guaranteed Improvements:1.2.3.The subdivider hereby warrants against defects in these improvements for a period of two years from the date ofacceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvementsto the City of Bozeman and the City hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. __________ __________________ ____________________________ __________ _____ Authorized Representative Dated Turnrow Subdivision __________ ___________ _______ ____________________________ Matt E. Ekstrom, PE Dated MT Reg. No. 10853PE Morrison Maierle, Inc. __________ _____________________________ ____________________________ Director of Transportation and Engineering Department Dated City of Bozeman, Montana CERTIFICATE OF COMPLETION OF NON-PUBLIC IMPROVEMENTS I, __________________ hereby certify that the following non-public improvements, required to meet the requirements of Chapter 38 of the Bozeman Municipal Code or as conditions of approval of the Final Plat have been installed in conformance with any approved plans of The Turnrow Subdivision and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: NONE Financially Guaranteed Improvements: NONE I,________________, hereby warrant said improvements against any and all defects for a period of two years from the date of acceptance by _______________________ property owners association. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same. The subdivider hereby grants ownership of all non-public infrastructure improvements to the ____________________ property owners association created by document number _______________. __________ _______ ____________________________ __________ _ Authorized Representative Dated Turnrow Subdivision CONSENT OF MORTGAGEE We, the undersigned mortgagees or encumbrancers do hereby join in and consent to the described plat, releasing our respective liens, claims, or encumbrances as to any portion of said lands now being platted into streets, avenues, parcels or other public areas which are dedicated to Gallatin County for the public use and enjoyment. CERTIFICATE OF EXCLUSION FROM MONTANA DEPARTMENT OF ENVIRONMENTALQUALITY REVIEWTurnrow Subdivision, Gallatin County, Montana, is within the City of Bozeman, Montana, a first class municipality,and with the planning area of the Bozeman growth policy which was adopted pursuant to Section 76-1-601 et seq.,MCA, and can be provided with adequate storm water drainage and adequate municipal facilities. Therefore underthe provisions of Section 76-4-125(1)(d), MCA, this survey is excluded from the requirement for MontanaDepartment of Environmental Quality review.Dated this ________________________ day of _______________________________, 20____.__________ ______________________Director of Transportation and Engineering DepartmentCity of Bozeman, Montana CERTIFICATE OF SURVEYORI, Jon C. Wilkinson, Montana Professional Land Surveyor License No. 16411LS, hereby certify that the Final Plat ofTurnrow Subdivision was conducted by me in August 20____, and platted the same as shown on the accompanyingplat and as described in accordance with the provisions of the Montana Subdivision and Platting Act, §76-3-101through §76-3-625, M.C.A., and the Bozeman Unified Development Ordinance. I further certify that monumentswhich have not been set by the filing date of this instrument will be set by August 20____, due to publicimprovements construction pursuant to 24.183.1101(1)(d) A.R.M.Dated this___________day of_________________, 20____.________________________________________________________Jon C. Wilkinson, PLS, CFedSMT Reg. #16411LSMorrison-Maierle, Inc. CERTIFICATE OF ACCEPTANCE OF DEDICATIONS I, ________________, Director of Transportation and Engineering Department, City of Bozeman, Montana, do hereby accept the dedication to the City of Bozeman for the public use of any and all lands shown on the plat as being dedicated to such use. Dated this __________ day of ____________________, 20____. ________________________________________ Director of Transportation and Engineering Department City of Bozeman, Montana CERTIFICATE OF GOVERNING BODY APPROVING PLAT I, ________________, Director of Community Development, City of Bozeman, Montana, do hereby certify that the accompanying plat has been duly examined and has found the same to conform to the law and approves it. Dated this __________ day of ____________________, 20___. ________________________________________ Director of Community Development NOTES1.NOTICE IS HEREBY GIVEN to all potential purchasers of Restricted Lots 1 - 20, of the Turnrow Subdivision, City of Bozeman,Gallatin County, Montana, that the final plat of the subdivision was approved by the Bozeman City Commission withoutcompletion of on and off site improvements required under the Bozeman Municipal Code, as is allowed in Chapter 38.270 of theBozeman Municipal Code. As such, this Restriction is filed with the final plat that stipulates that any use of this lot is subject tofurther subdivision, and no development of this lot shall occur until all on and off site improvements are completed as requiredunder the Bozeman Municipal Code. THEREFORE, BE ADVISED, that Building Permits will not be issued for Restricted Lots 1 -20, of the Turnrow Subdivision, City of Bozeman, Gallatin County, Montana until all required on and off site improvements arecompleted and accepted by the City of Bozeman. No building structure requiring water or sewer facilities shall be utilized on thislot until this restriction is lifted. This restriction runs with the land and is revocable only by further subdivision or the writtenconsent of the City of Bozeman.2.NOTICE IS HEREBY GIVEN that single family lots are subject to an active no build restriction that shall be lifted only once thesubdivision infrastructure has been completed and accepted by the City per Bozeman. THEREFORE, BE ADVISED, thatBuilding Permits will not be issued for single family lots of the Turnrow Subdivision, City of Bozeman, Gallatin County, Montanauntil all required on and off site improvements are completed and accepted by the City of Bozeman for the applicable subdivisionphase in accordance with Bozeman Municipal Code section 38.270.030.B. Turnrow Subdivision By: ________________________________________________________________________________ _____________________, Authorized Representative Dated State of ____________________________________ County of ___________________________________ On this _______ day of __________________, 20____, before me, the undersigned Notary Public for the State of _____________________ personally appeared __________________, known to me to be the Authorized Representative of ___________________ and acknowledged to me that said _____________________ executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ Signature ________________________________________ CERTIFICATE OF DEDICATIONWe, the undersigned property owners, do hereby certify that we have caused to be surveyed, subdivided and platted into lots, blocks, streets,and alleys, and other divisions and dedications, as shown by the plat hereunto included the following described tract of land to wit:Three parcels of land as described in Warranty Deed document number 2736653 Parcel 1 and Parcel 2 and the parcel described in WarrantDeed document number 2736654; situated in the NE 14 of Section 27, Township 1 South, Range 5 East, Principal Meridian, Gallatin County,Montana, and being more particularly described as follows:Commencing at the E 14 of Section 27, Township 1 South, Range 5 East, thence N.0°36'43"E. a distance of 189.78 feet to the Point ofBeginning being the northeast corner of Tract 1A of Certificate of Survey No. 3035A; thence N.0°36'43"E. a distance of 464.88 feet along theeast line of said Section 27 to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 293; thence N.89°23'17"W.along said right of way a distance of 50.00 feet; thence N.0°36'43"E. a distance of 195.38 feet; thence along a curve to the left having a radius of 523.09 feet and a central angle of 17°34'16" for an arc length of 160.42 feet and a chord bearing of N.9°16'00"W. for 159.79 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 643; thence N.33°51'43"W. a distance of 120.68 feet; thence N.53°32'27"W. a distance of 1350.11 feet; thence N.39°33'03"W. a distance of 62.05 feet; thence N.53°32'27"W. a distance of 302.20 feet; thence N.54°16'17"W. a distance of 147.56 feet; thence along a curve to the left having a radius of 1849.86 feet and a central angle of 11°37'40" for an arc length of 375.42 feet and a chord bearing of N.61°36'08"W. for 374.77 feet; thence N.82°50'39"W. a distance of 59.79 feet; thence along a curve to the left having a radius of 1834.86 feet and a central angle of 19°20'05" for an arc length of 619.18 feet and a chord bearing of N.78°53'01"W. for 616.25 feet to the mid-section line of Section 27; thence S.0°36'05"W. a distance of 2552.36 feet along the mid section line of Section 27 to the C 14 of Section 27; thence N.89°29'32"E. a distance of 2221.92 feet along the mid section line of Section 27 to an angle point of Tract 1A of Certificate of Survey No. 3035A; thence N.0°36'43"E. a distance of 189.74 feet; thence N.89°29'25"E. a distance of 420.77 feet to the Point of Beginning. The area of the above described parcel of land is 114.68 acres, more or less. The above-described tract of land is to be known and designated as “Turnrow Subdivision”, City of Bozeman, Gallatin County, Montana; and the lands included in all streets, avenues, alleys, and parks or public lands shown on said plat are hereby granted and donated to the City of Bozeman for the public use and enjoyment. Unless specifically listed herein, the lands included in all streets, avenues, alleys, and parks or public lands dedicated to the public are accepted for public use, but the City of Bozeman accepts no responsibility for maintaining the same. The owner agrees that the City of Bozeman has no obligation to maintain the lands included in all streets, avenues, alleys, and parks or public lands, hereby dedicated to public use. The lands included in all streets, avenues, alleys, and parks or public lands dedicated to public for which the City of Bozeman accepts responsibility for maintenance are Davis Lane, Gunsmoke Avenue, Quicksilver Road, Westlake Road, Durango Lane, Turnrow Trail, Boomerang Road, and Rowdy Road. The undersigned hereby grants unto each and every person firm or corporation, whether public or private, providing or offering to provide telephone, electric power, gas, internet, cable television or other similar utility or service, the right to the joint use of an easement for the construction, maintenance, repair and removal of their lines and other facilities in, over, under and across each area designated on this plat as "Public Utility Easement" to have and to hold forever. BASIS OF BEARING Bobcat Coordinate System, NAD83(2011) per the "Rocky Mountain Tribal Coordinate Reference System" Handbook and User Guide, Published September 30th, 2014 and subsequent revisions, established by observations with survey-grade GNSS receivers. FOUND US PUBLIC LAND SURVEY SECTION CORNER MONUMENTS AS DESCRIBED 22 23 2627 E A S T V A L L E Y C E N T E R R O A D GUNSMOKE AVEQUICKSILVER RDTURNROW TRAIL DURANGO LN G U N S M O K E A V E WESTLAKE RD DAVIS LANEHIGHWAY RIGHT OF WAY PER I-IG-90-6(3)287 PLANS BOOK 145, PAGE 293 HIGHWAY RIGHT OF WAY PER STPS 235 1 (4) 5 PLANS BARGAIN AND SALE DEED FILM 143, PAGE 643 HIGHWAY RIGHT OF WAY PER STPS 235 1 (4) 5 PLANS BARGAIN AND SALE DEED FILM 143, PAGE 640 27 26 27 22 27 26 27 22 FOUND REFERENCE MONUMENTS PER C.C.R. BOOK 3, PAGE 183. DOC. 2055160. FOUND MAG NAIL AT RECORD POSITION FROM REFERENCE MONUMENTS. FOUND 2 1/2" DIAMETER A.C. "MMI 16411LS" CEMENTED IN STREET MONUMENT BOX PER C.C.R. BK. 5, P. 493, DOC. 2681678 FOUND 2 1/2" DIAMETER BRASS CAP FOR C14 SECTION 27 FOUND MDT A.C. FOR N 14 SECTION 27 QUICKSILVER RDPROPOSED TEMPORARY ACCESS, STORM, AND WATER EASEMENT (TYP.) ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITYEASEMENTS (EXCEPT THE RESTRICTED LOTS):- 10' ALONG PUBLIC RIGHTS-OF-WAY- ALLEY RIGHTS-OF-WAY ARE EXCLUDED- 10' ALONG SIDE LOT LINESPUBLIC UTILITY EASEMENTS (P.U.E.) 62 TV TV S S S TOHPOHPOHPOHPOHPOHPOHPOHPOHPOHP OHPTP TPOHPOHPOHP S S SSSSSSSSSSSTV TV T T T BF BF BF BF BF BF BF BF BF BF BF BF BF BFBFBFBFBF BF BF BF BF BF BF BF BF BF BF BFBFBFBF BFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBTVBTVBTV BTV BTV BTV BTV BTV BTV BTV BTV BTV BTV BTV BTV BTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVXXXXXXXX NGNG N G N G N G N G N G N G N G NG N G OHPOHPOHP OHP XXXXXXXXXXXXXXOHPOHPOHPOHPOHPOHPTBTBTBTBT B T BT BT BT BT BT BT BT BT BT BT BT BT BT B T BT BT BT BT XXXXXXXXXXXXXXXXXBTBTBTBTBTBTBTBTBTBTBTBTBTBT B T BT BTWWWWWWWWXXXXXXB T BTBTBTCO F 46254620 46154615 4615462 0 4625 46304625 4625 4625 L1 L2 C1L3L4 L5L6 L7L8 L10 L11C2L12L1 3 L14L1 5 L16 L17 L18 C3L19C4 L20L21 L22 L2 3 L24L25L27L2615S15S15S15S15S15S15S15S15S S S S S S S S S S 8 S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 10 S 10 S 10 S 1 0 S 1 0 S 10S10S10S10S10S10S10S10S10S10SS S S S S S S S S S S S 8S 8S 8S 8S 8S 8S8S8S8SS S SS8S8S8S 8S8S8S8S 8S 8S 8S 8S8S8S8S8S 8S 8S8S8S8S8S 8S 8S 8S10S10S10S10S10S10S10S10S10S10S10S10S 10S 10S10SS S S S S S S S S S S S S S S S S S SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SSSS SSS 12S 12S 18S 18S 18S 18SSS SSSSSSSSSSSSFM FMFM FM FM FM FMFMFM FM 8 S 8S 8SS S S S SSSSSSSS SS SS SS SS SS S S SS SS SS SS 10S8W8W8W8W 8W 8W 8W8W 8W 8W 8W 8W8W 8W 8W 8W 8W 8W 8W8 W 8 W 8W 8W 8W 8W 8W 8W 8W 8W 12W 12W 12W 12W 12W 12W 8W8W8W8W8W8W8W8 W 8 W 8 W 8 W 8 W 8W 8W 8W 8W 8W 8W 8W 8W 8 W 8 W 8 W 12 W 8 W 8 W 8W8W8W 8W 8 W 8 W 8W 8W 8WDYH DYH DYH DYH DYHDYHDYH DYHDYH DYH DYHDYH DYH 8W 8W 8W 8W 8W8W8W8WB DYHB B B BB B B8W 12 W 12 W 12 W 12 W 1 2W 1 2W 12W12W12WB DYHB 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W B DYH WSWSWSWSWSWSWSWS WS WS WS WS WS WS WS WS WSWSWSWS W S WS WS WSFIRE BWS 8W 8W 8W 8W 8W DYH8W8W8W8W8W WSWSWSWSWSWSWSW S WS W S WS WS WS WS W S W S WS 8W 8W 8W 8W8W8W 8W 8W 8W 8W 8WDYH VERT 22.5 VERT 22.5 VERT 22.5 VERT 22.5 WSFIRE VERT 11 . 2 5 VERT 11.2 5 8W8W8W8W8W8W15 S D 15 S D 15SD15SD15SD15SD D D D D D D D D D D D 15SD15SD15SD15SD15SD15S D 15S D 15SD24SD24SD24SD24SDD 15SD15SD15SD15SD15SD15SD15SDD D D D 15 S D D D D24SD24SD24SD24SD24SD24SDDDD D D D D D DDDDDDDDDDDDDDDDDDDD D D D D D D D D D D D 18SD L9LOTS - 15.22 acs.RESTRICTED LOTS - 83.53 acs.OPEN SPACE - 2.45 acs.PARK - 3.48 acs.RIGHT-OF-WAY - 10.00 acs.TOTAL - 114.68 acs.AREA SUMMARYSITUATED IN THE NE1/4 OF SECTION 27, TOWNSHIP 1 SOUTH, RANGE5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATINCOUNTY, MONTANA.PRELIMINARY PLAT OFTURNROW SUBDIVISIONPURPOSETO CREATE 146 REMU LOTS20 RESTRICTED LOTS16 OPEN SPACE LOTS2 PARK LOTSZONINGREMUOWNERVIRGA VENTURE II LLCPO BOX 1070BOZEMAN, MT 59771-1070 PHASE 1 BOUNDARY CURVE DATA SEGMENT C1 C2 C3 C4 LENGTH 160.42 112.65 35.89 31.40 RADIUS 523.09 180.00 160.00 140.00 DELTA 017° 34' 15.84" 035° 51' 27.11" 012° 51' 04.45" 012° 51' 04.45" CH. BRG. S09° 15' 59.87"E N18° 31' 49.03"E N42° 53' 04.81"E N42° 53' 04.81"E CH. DIST. 159.79 110.82 35.81 31.34 PHASE 1 BOUNDARY LINE DATA SEGMENT L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 L14 L15 L16 L17 L18 L19 L20 L21 L22 L23 L24 L25 L26 L27 LENGTH 400.21 120.68 195.38 50.00 464.88 420.77 189.74 1056.80 32.00 10.40 82.34 58.64 75.01 421.32 32.00 60.00 10.00 183.24 133.73 72.21 10.00 60.00 107.00 335.26 14.14 100.00 80.00 DIRECTION S53° 32' 27"E S33° 51' 43"E S0° 36' 43"W S89° 23' 17"E S0° 36' 43"W S89° 29' 25"W S0° 36' 43"W S89° 29' 32"W N0° 30' 28"W N89° 28' 18"E N0° 36' 05"E N36° 27' 33"E N54° 32' 27"W N36° 27' 33"E N53° 32' 27"W N36° 27' 33"E S53° 32' 27"E N36° 27' 33"E N49° 18' 37"E N36° 27' 33"E N53° 32' 27"W N36° 27' 33"E S53° 32' 27"E N36° 27' 33"E N8° 32' 27"W N36° 27' 33"E S53° 32' 27"E ROAD NAME KEY - QUICKSILVER RD - GUNSMOKE AVE - TURNROW TRAIL - DURANGO LN - WESTLAKE RD - BOOMERANG RD - ROWDY RD 1 2 3 4 5 6 7 engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net SEE SHEET 3 BLOCK 1 RESTRICTED LOT 3FUTURE PHASE(SEE NOTE 1, SHEET 01)RESTRICTED LOT 8 FUTU R E P H A S E (SEE N O T E 1 , S H E E T 0 1 ) RESTR I C T E D L O T 9 FUTU R E P H A S E (SEE N O T E 1, S H E E T 0 1 ) RESTRICTED LOT 2FUTURE PHASE(SEE NOTE 1, SHEET 01) RESTR I C T E D L O T 1 1 FUTU R E P H A S E (SEE N O T E 1, S H E E T 0 1 ) RESTR I C T E D L O T 1 3 FUTU R E P H A S E (SEE N O T E 1, S H E E T 0 1 ) SEE SHEET 4 BLOCK 2 S E E S H E E T 5 BLOCK 4 BLOCK 5 SEE SHEET 5 BLOCK 3 EAST VALLEY CENTER RD.(MDT - 120' ROW)DAVIS LANE (100' R.O.W.)SEE SHEET 6 SEE SHEET 6S E E S H E E T 3 S E E S H E E T 6 S E E S H E E T 7 SEE SHEET 4BLOCK 6-1SEE SHEET 7ALLEY NAME KEY - 2.1 - 2.2 - 2.3 - 3.1 - 3.2 - 4.1 - 4.2 - 4.3 - 4.4 2 1 3 4 5 6 7 8 9 10 - 5.1 - 5.2 - 5.3 - 5.4 - 5.5 - 5.6 - 6.1 11 12 13 14 15 16 1 23 7 6 8 11 10 12 1413 15 9 5 4 BLOCK 9BLOCK 1016 PHASE 1 BOUNDARY (TYP.) PHASE 1 BOUNDARY (TYP.) ©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: Aug/01/2024 PLOTTED BY: cody farley DRAWING NAME: N:\6916\004 - Turnrow Preliminary Plat\ACAD\Survey\PrePlat\6916-004_PRE-PLAT_PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: GALLATIN 122Vigra Venture II LLC GALLATIN 6916.004 1" = 80' July 31, 2024 LRH CJF JCW 5E 1S 27NE MONTANA PRINCIPAL MERIDIAN, MONTANA 4 4 1 1 1 2 2 5 3 3 EXISTING HIGH PRESSURE GAS LINE. PER BOOK 100, PG. 359 CATTAIL CREEK EXISTING IRRIGATION DITCH ZONE 1: 30' WATERCOURSE SETBACK ZONE 2: 50' WATERCOURSE SETBACK RESTRICTED LOT 6FUTURE PHASE(SEE NOTE 1, SHEET 01) 6 BOLLARD FIRE HYDRANT WATER VALVE SANITARY SEWER MH STORM DRAIN MH STORM DRAIN INLET DYH WV S D LIGHT POLE POWER POLE W WATER WELL LEGEND EDGE OF ASPHALT FLOWLINE OF CURB//////TOP BACK OF CURB SIDEWALK WATER MAIN W/ SIZE8W SEWER MAIN W/ SIZE8S 5' CONTOUR - MAJOR 1' CONTOUR - MINOR BUILDING SIGN EXISTING FEATURES 8S 8S S SANITARY SEWER MH SEWER MAIN W/ SIZE 8W 8W FIRE HYDRANT WATER MAIN W/ SIZE DYH PERMANENT STORM POND EDGE OF ASPHALT FLOWLINE OF CURB CULVERT SIDEWALK PROPOSED FEATURES TOP BACK OF CURB 4995 FORCE MAIN STORM DRAIN FM 15SD 15SD NG NATURAL GAS TEMPORARY STORM POND RUN-ON STORM CONVEYANCEDD STORM DRAIN MANHOLED PHASE 1 BOUNDARY LEGEND SUB-PHASE 1.1 BOUNDARY SUB-PHASE 1.2 BOUNDARY SUB-PHASE 1.3 BOUNDARY SUB-PHASE 1.4 BOUNDARY 7 PROPOSED TEMPORARY ACCESS, STORM, AND WATER EASEMENT (TYP.) PROPOSED UNDERGROUNDSTORM WATER STORAGE SYSTEM PROPOSED UNDERGROUND STORM WATER STORAGE SYSTEM PROPOSED PRV PROPOSED PRV ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITYEASEMENTS (EXCEPT THE RESTRICTED LOTS):- 10' ALONG PUBLIC RIGHTS-OF-WAY- ALLEY RIGHTS-OF-WAY ARE EXCLUDED- 10' ALONG SIDE LOT LINESPUBLIC UTILITY EASEMENTS (P.U.E.) 63 TV S OHPOHPOHPOHPOHPOHPOHPOHPOHPTP TPOHPOHPOHPOHPOHPOHP S SSSSSSSSSSTV T BF BF BF BF BF BF BF BF BF BF BF BF BF BF BF BF BF BFBF BFBFBF BFBFBFBFBFBFBF BF BF BF BF BF BF BF BF BF BF BF BF BF B F B F BF B F BFBFBFBFBFBFB F BFBFBFBFBFBFBFBFBFBFBFBFBTV BTV BTV BTV BTV BTV BTV BTV BTV BTV BTV BTV BTV B T V BT V BT V B T V BTV BTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVXXXXXXXX X X X XXXXXXX OH P OHPOHPOHPOHPX X X XXXXXXXXXXXXXXOHPOHPOHPOHPOHPOHPOHPOHPTBT B T BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT B T BT BT B T BT B T BTBTBTBTBTBTBTBTBTBTBTBTBTBTBTWWWWWWWWWWXXXXXXXXXXXXB T B T4615462 0 4625 S S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 10 S 10 S 10 S 10 S 10 S 10 S 1 0 S 1 0 S 1 0 S 1 0 S 10S10S10S10S10S10S10S10S10SS S S S S 10S10S10SS S SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SSSS12S 12S 12S 12S 12S 12S 18S 18S 18S 18S 18S 18S 18S 18SSS FM FM FM FM FM FM FM FM FMFMFMFMF M FM FM FM8S 8S 8 S 8 S 8 S 8S8SS S S S SSSSSSSSSSSSSSSSSSSS SS SS 8W8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 8W8W12 W 12 W 8W DYH DYHDYH DYHDYH B 12 W 12 W 12 W 12 W 12 W 12 W 12 W 1 2W 1 2W 12W 12W12W12W12W12W12W12W12WWSWSWSWSWSWSWSWSWSWSFIREWS WS FIR E FIR E 8W 8W 8W 8W 8W 8W 8W 8W 8W 8WFIREWSFIREWS DYH8W8W8W8W8W8W8W8W8W8W8W WSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWS8W 8W 8W 8W 8W 8W 8W 8 W 8W8W8W8W8W8 W 8W 8W 8W 8W8W 8W 8W 8W 8W 8W 8W 8W 8WDYH FIRE WS WSFIREWSFIREWS VERT 22.5 VERT 22.5 VERT 22.5 VERT 22.5 WS WSFIREFIRE VERT 1 1 . 2 5 VERT 1 1 . 2 515SD15 S D 15SD15SD 15SD D D D D D D D 12SD15SD 12SD 18 S D 24SD24SD24SD24SD24SD24SD24SD24SD24SD12SD D 15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD D24SD24SD24SD24SD24SD24SD24SD24SD24SD24SD24SD24SDD15SDDD D D D D D 12SD DDDDDDDDDDDDDDDDDDDDDDDDD D D D D D D 18SD 18SD LOT 6 0.99 acs. S89°23'55"ES36°27'33"W S5 3 ° 3 2 ' 2 7 " E S5 3 ° 3 2 ' 2 7 " E S36°27'33"W S89°23'55"E LOT 3 0.64 acs. 123.81'72.07'C8N89°33'35"E 90.98' C 9 N36°27'33"E203.46'N 3 9 ° 5 8 ' 1 4 "W 1 2 8 . 1 4 ' 90.98'S89°33'35"W 182.65'L26261.25'37.00'S53°32'27"E 400.21'L2 5 C7L2420.00'35.00'69.00'35.00'29.00'24.00'24.00'39.00'39.00'24.00'29.00'25.00'25.00'35.00'N5 3 ° 3 2 ' 2 7 " W 37 . 6 9 ' S56° 2 0' 4 8 " W 119.4 8' LOT 2 2.04 acs. LOT 1 1.14 acs. LOT 4 0.43 acs.S1°06'13"E55.26'C3 N18°51'06"W47.03'N56° 2 3' 1 6" E 184.0 7'S27°51 '07 "E90.77 ' C4 S 4 1 ° 4 9 ' 5 4 " E 5 5 . 7 6 ' L 3 5 L34S5 3 ° 3 2 ' 2 7 " E 91 . 9 4 ' LOT 7 1.08 acs. LOT 5 0.93 acs. S5 6 ° 5 7 ' 0 8 " E 22 2 . 8 2 'N36°27'33"E187.90'N 5 3 ° 3 2 ' 2 7 " W 1 8 0 . 6 7 'N36°27'33"E207.11'S53°32'27"E212.43'N36°27'33"E147.36'C 6 N36°27'33"E63.00'N27°48 '26 "W147.69 ' N81°27'33"E14.14' N89°23'17"W 50.00' O.S. 1 0.92acs.QUICKSILVER RD (60'R.O.W.)G U N S M O K E A V E ( 6 0 ' R . O . W . )DAVIS LN (100' R.O.W.)TURNROW TRAIL (60' R.O.W.)QUICKSILVER RD (60' R.O.W.) 18S LOTS - 15.22 acs.RESTRICTED LOTS - 83.53 acs.OPEN SPACE - 2.45 acs.PARK - 3.48 acs.RIGHT-OF-WAY - 10.00 acs.TOTAL - 114.68 acs.AREA SUMMARYSITUATED IN THE NE1/4 OF SECTION 27, TOWNSHIP 1 SOUTH, RANGE5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATINCOUNTY, MONTANA.PRELIMINARY PLAT OFTURNROW SUBDIVISIONPURPOSETO CREATE 146 REMU LOTS20 RESTRICTED LOTS16 OPEN SPACE LOTS2 PARK LOTSZONINGREMUOWNERVIRGA VENTURE II LLCPO BOX 1070BOZEMAN, MT 59771-1070 engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net EAST VALLEY CE N T E R R D . ( V A R Y I N G W I D T H R . O . W . ) EXISTING TRACT BOUNDARY KEY MAP 40 8020400 SCALE IN FEET C EXISTING 25' TRAIL EASEMENTDOC. # 2791403RESTRICTED LOT 3FUTURE PHASE(SEE NOTE 1, SHEET 01)EXISTING SECTION LINEEASEMENT LEGEND PROPOSED 30' PUBLIC ACCESS & UTILITY EASEMENT PROPOSED 10' PUBLIC UTILITY EASEMENT PROPOSED 10' PEDESTRIAN ACCESS EASEMENT A B D C PROPOSED TEMPORARY ACCESS, WATER, AND STORM EASEMENT ©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: Aug/15/2024 PLOTTED BY: lee hageman DRAWING NAME: N:\6916\004 - Turnrow Preliminary Plat\ACAD\Survey\PrePlat\6916-004_PRE-PLAT_PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: GALLATIN 123Vigra Venture II LLC GALLATIN 6916.004 1" = 40' July 31, 2024 LRH CJF JCW 5E 1S 27NE MONTANA PRINCIPAL MERIDIAN, MONTANA LEGEND SET A REBAR 5/8" DIA.., WITH AN ORANGE PLASTIC CAP, "MMI 16411LS". FOUND REBAR AS MARKED FOUND BRASS CAP FOUND US PUBLIC LAND SURVEY SECTION CORNER MONUMENT 22 23 2627 FOUND 2" MDT ALUMINUM CAP MEASURED DIMENSION(M) RECORDED DIMENSION PER EXISTING MINOR SUBDIVISION FINAL PLAT(R) ALUMINUM CAPA.C. CERTIFIED CORNER RECORDATIONC.C.R. FUTURE CITY OF BOZEMANFORCE MAIN CATTAIL CREEK ZONE 1: 30' WATERCOURSE SETBACK ZONE 2: 50' WATERCOURSE SETBACK CATTAIL CREEK ZONE 1: 30' WATERCOURSE SETBACK ZONE 2: 50' WATERCOURSE SETBACK BLOC K 1 BOLLARD FIRE HYDRANT WATER VALVE SANITARY SEWER MH STORM DRAIN MH STORM DRAIN INLET DYHWV S D LIGHT POLE POWER POLE W WATER WELL LEGEND EDGE OF ASPHALT FLOWLINE OF CURB//////TOP BACK OF CURB SIDEWALK WATER MAIN W/ SIZE8W SEWER MAIN W/ SIZE8S 5' CONTOUR - MAJOR 1' CONTOUR - MINOR BUILDING SIGN EXISTING FEATURES 8S 8S S SANITARY SEWER MH SEWER MAIN W/ SIZE 8W 8W FIRE HYDRANT WATER MAIN W/ SIZEDYH PERMANENT STORM POND EDGE OF ASPHALT FLOWLINE OF CURB CULVERT SIDEWALK PROPOSED FEATURES TOP BACK OF CURB 4995 FORCE MAIN STORM DRAIN FM 15SD 15SD NG NATURAL GAS TEMPORARY STORM POND RUN-ON STORM CONVEYANCEDD STORM DRAIN MANHOLED 20' WIDE PUBLIC STREET AND UTILITY EASEMENT FOR DAVIS LANE. Doc.# 2791402 PHASE 1 BOUNDARY LEGEND SUB-PHASE 1.1 BOUNDARY SUB-PHASE 1.2 BOUNDARY SUB-PHASE 1.3 BOUNDARY SUB-PHASE 1.4 BOUNDARY PROPOSED PUBLIC ACCESS AND UTILITY EASEMENT. E PROPOSED 60' PUBLIC STREET AND UTILITY EASEMENT A 40' PROPOSED HIGH PRESSURE WATER MAIN D A A A B PROPOSED UNDERGROUNDSTORM WATER STORAGE SYSTEM PROPOSED PRV PROPOSED PRV PROPOSED UNDERGROUND STORM WATER STORAGE SYSTEM GENERAL NOTES 1.SEE PARCEL CURVE DATA TABLE AND PARCEL LINE DATA TABLE ON SHEET 12. PROPOSED STORMWATER ACCESS AND MAINTENANCE EASEMENT ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITYEASEMENTS (EXCEPT THE RESTRICTED LOTS):- 10' ALONG PUBLIC RIGHTS-OF-WAY- ALLEY RIGHTS-OF-WAY ARE EXCLUDED- 10' ALONG SIDE LOT LINESPUBLIC UTILITY EASEMENTS (P.U.E.) 15' PUBLIC UTILITY EASEMENT PROPOSED 25' PUBLIC TRAIL EASEMENT PROPOSED 30' PUBLIC ACCESSAND UTILITY EASEMENT 64 TV S TOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPSSSSSSSSSSSSSSSSSSSTV TBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBTV BTV BTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTV BTVBTV BTVBTV BTV NGNG NG OHP OHP OHP OHPXXXXXXXXXXXXX XXXXXXXXXXXBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBTBT BT BT BTWWWWWWWWWWWWWWW WWXX46304625 TERR Y F S C H A P L O W 5293 D A VI S L N BOZE M A N, M T 5 9 7 1 8- 9 7 1 2 C.O.S. 3 0 3 5 TERR Y F S C H A P L O W 5293 D A VI S L N BOZE M A N, M T 5 9 7 1 8- 9 7 1 2 S S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10SS S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S8S8S8S8S8S8S8S8S8S8S8SS S SS S SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SSSSSSSSSSSSSSSSSSSS SSSSSS8W 8W 8W 8W 8W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W 12W8W8W8W8W 8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W 8W 8W 8W 8W DYHDYH DYH DYH 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W8W8W8W8W8W8W8W8W8W8W8WDYH B B12W12W8W8W8W8W8W B WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WSWSWSWSWS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WSWSWSWSWS WSWSWSWSWSWSWSWSWSFIREBWSFIRE WSFIRE15SD15SD15SD15SD15SD15SD15SD15SDDD 12SD15SD15SD15SD15SD15SD24SD24SD12SD 12SD 15SD15SD15SD15SD15SD15SDD D D D 12SDD 12SD 12SD 12SD 12SD 12SD 12SD DDDDDDDDDDDDDDDDDDDDDDDDDDD D D D 18SD 18SD S89°23'55"E S0°36'05"WS0°36'05"WO.S. 3 0.29acs.LOT 123264 sq.ft.LOT 14 1947 sq.ft. LOT 28 2413 sq.ft. LOT 19 1945 sq.ft. LOT 18 1949 sq.ft. LOT 20 2244 sq.ft. LOT 26 2095 sq.ft. LOT 27 2097 sq.ft. O.S. 2 2121 sq.ft. O.S. 4 1757 sq.ft. LOT 13 2244 sq.ft. LOT 16 2747 sq.ft. LOT 15 1947 sq.ft. LOT 17 2624 sq.ft. 66.00' 35.00'29.50'29.50'29.50'29.50'34.00'34.00'29.50'29.50'29.50'29.50'31.04' 15.00' 15.00' 36.03' C43 7.91'33.94'29.56'29.50'36.17'30.01'36.75'29.50'29.50'34.00'7.91' C 4 2 147.95' C41 7.91'34.00'29.45'29.55'40.39'30.01'40.98'29.50'29.50'34.00'7.91'C4 0 45.95'30.00'65.99'34.00'29.50'29.50'38.03'42.26'29.50'29.50'34.00'66.00'35.00'29.50'29.50'29.50'29.50'34.00'34.00'29.50'29.50'29.50'29.50'46.05'81.00'42.91'34.00'29.50'29.50'34.79'71.01'66.00'56.03'34.00'29.50'29.50'39.11'66.00'66.00'66.00'66.00'66.00'66.00'66.00'66.00'66.00'66.00'66.00'66.00' 66.00' 71.02' 71.02' 66.00' 66.00' 65.99' 65.99' 66.00'65.99'71.01' 71.01' 15.00' 66.00' 66.00'O.S. 52713 sq.ft.N0°36'05"E 189.74'66.01'51.69' S89°29'25"W 14.32'S0°36'43"W 189.74'S89°29'32"W 14.28' S89°29'25"W S0°36'43"WN89°23'55"W N0°36'05"EN0°36'05"ELOT 25 2519 sq.ft.27.91'N89°29'25"E 50.01'N0°36'43"E 464.88'LOT 22 1947 sq.ft. LOT 23 1947 sq.ft. LOT 21 2244 sq.ft. LOT 24 2467 sq.ft.LOT 12310 sq.ft.LOT 21947 sq.ft.LOT 31947 sq.ft.LOT 41947 sq.ft.LOT 51947 sq.ft.LOT 62244 sq.ft.LOT 72244 sq.ft.LOT 81947 sq.ft.LOT 91947 sq.ft.LOT 101947 sq.ft.LOT 111947 sq.ft.ALLEY 2.3 (30' ROW)ALLEY 2.2 (30' ROW)ALLEY 2.1 (30' ROW)ALLEY 4.2 (20' ROW)GUNSMOKE AVE (60' R.O.W.)DURANGO LN (60' R.O.W.) TURNROW TRAIL (60' R.O.W.)GUNSMOKE AVE (60' R.O.W.)DAVIS LN (100' R.O.W.)N G N G 18S SITUATED IN THE NE1/4 OF SECTION 27, TOWNSHIP 1 SOUTH, RANGE5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATINCOUNTY, MONTANA.PRELIMINARY PLAT OFTURNROW SUBDIVISIONPURPOSETO CREATE 146 REMU LOTS20 RESTRICTED LOTS16 OPEN SPACE LOTS2 PARK LOTSZONINGREMUOWNERVIRGA VENTURE II LLCPO BOX 1070BOZEMAN, MT 59771-1070 LOTS - 15.22 acs.RESTRICTED LOTS - 83.53 acs.OPEN SPACE - 2.45 acs.PARK - 3.48 acs.RIGHT-OF-WAY - 10.00 acs.TOTAL - 114.68 acs.AREA SUMMARY engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net KEY MAP 30 6015300 SCALE IN FEET B B B EXISTING DITCH ©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: Aug/01/2024 PLOTTED BY: cody farley DRAWING NAME: N:\6916\004 - Turnrow Preliminary Plat\ACAD\Survey\PrePlat\6916-004_PRE-PLAT_PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: GALLATIN 124Vigra Venture II LLC GALLATIN 6916.004 1" = 30' July 31, 2024 LRH CJF JCW 5E 1S 27NE MONTANA PRINCIPAL MERIDIAN, MONTANA LEGEND SET A REBAR 5/8" DIA.., WITH AN ORANGE PLASTIC CAP, "MMI 16411LS". FOUND REBAR AS MARKED FOUND BRASS CAP FOUND US PUBLIC LAND SURVEY SECTION CORNER MONUMENT 22 23 2627 FOUND 2" MDT ALUMINUM CAP MEASURED DIMENSION(M) RECORDED DIMENSION PER EXISTING MINOR SUBDIVISION FINAL PLAT(R) ALUMINUM CAPA.C. CERTIFIED CORNER RECORDATIONC.C.R. WESTLAKE ROAD WESTLAKE ROAD BLOCK 2 CATTAIL CREEKZONE 1:30' WATERCOURSE SETBACKZONE 2:50' WATERCOURSE SETBACK CATTAIL CREEK ZONE 1: 30' WATERCOURSE SETBACK ZONE 2: 50' WATERCOURSE SETBACK BOLLARD FIRE HYDRANT WATER VALVE SANITARY SEWER MH STORM DRAIN MH STORM DRAIN INLET DYHWV S D LIGHT POLE POWER POLE W WATER WELL LEGEND EDGE OF ASPHALT FLOWLINE OF CURB//////TOP BACK OF CURB SIDEWALK WATER MAIN W/ SIZE8W SEWER MAIN W/ SIZE8S 5' CONTOUR - MAJOR 1' CONTOUR - MINOR BUILDING SIGN EXISTING FEATURES 8S 8S S SANITARY SEWER MH SEWER MAIN W/ SIZE 8W 8W FIRE HYDRANT WATER MAIN W/ SIZEDYH PERMANENT STORM POND EDGE OF ASPHALT FLOWLINE OF CURB CULVERT SIDEWALK PROPOSED FEATURES TOP BACK OF CURB 4995 FORCE MAIN STORM DRAIN FM 15SD 15SD NG NATURAL GAS TEMPORARY STORM POND RUN-ON STORM CONVEYANCEDD STORM DRAIN MANHOLED 20' WIDE PUBLIC STREET ANDUTILITY EASEMENT FOR DAVIS LANE.Doc.# 2791402 20' WIDE PUBLIC STREET AND UTILITY EASEMENT FOR DAVIS LANE. Doc.# 2750999 PHASE 1 BOUNDARY LEGEND SUB-PHASE 1.1 BOUNDARY SUB-PHASE 1.2 BOUNDARY SUB-PHASE 1.3 BOUNDARY SUB-PHASE 1.4 BOUNDARY EASEMENT LEGEND PROPOSED 30' PUBLIC ACCESS & UTILITY EASEMENT PROPOSED 10' PUBLIC UTILITY EASEMENT PROPOSED 10' PEDESTRIAN ACCESS EASEMENT A B D C PROPOSED TEMPORARY ACCESS, WATER, AND STORM EASEMENT E PROPOSED 60' PUBLIC STREET AND UTILITY EASEMENT GENERAL NOTES 1.SEE PARCEL CURVE DATA TABLE AND PARCEL LINE DATA TABLE ON SHEET 12. PROPOSED PRV C ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITYEASEMENTS (EXCEPT THE RESTRICTED LOTS):- 10' ALONG PUBLIC RIGHTS-OF-WAY- ALLEY RIGHTS-OF-WAY ARE EXCLUDED- 10' ALONG SIDE LOT LINESPUBLIC UTILITY EASEMENTS (P.U.E.) 15' PUBLIC UTILITY EASEMENT 17.4' PUBLIC UTILITY EASEMENT 65 18S S S S S S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 10 S 10 S 10 S 10 S 10 S 10 S 10 S 10 S 1 0 S 1 0 S 1 0 S 1 0 S 1 0 S 10S10S10S10S10S10S10S10S10S10SS S S S S S S 8S8S8S8S8S8S8S8S8S 8 S 8S 8S 8S 8 S 8S 8S8S8S8S8S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S 10S 10S 10S 10S 10S10S10S10S10S10SS S S S S S S S SSSSSSSSSSSSSSSS SS SS SS SS SSSS SS SS SS SS SS SS SS SS SS SS SS SS 12S 12S 12S 12S SSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS S S S S SSS S S S SS S S S S S S S S SS SS SS SS SS SS SS SS SS SS SS SS 8W 8W 8W 8W8W 8W 8W 8W8W 8W 8W 8W 8W8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W8W 8W 8W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W8 W 8 W 8 W 8 W 8 W 12 W 12 W 12 W 8 W 8 W 8 W 8 W 8 W 8 W 8W8W8W8W8W8W8W8W 8W 8W 8W 8W 8W DYH DYH DYH DYH 6WB 12 W 12 W 12 W 12 W 12 W 12 W 12 W 12 W 12 W 1 2W 1 2W 1 2W 12W12W12W12W12W12W12W12W12W12W12W12WW S WS WS WS W S W S W S W S W S WS WS WS WS WS W S WS WSWS WSWSWSWS8W 8W 8W 8W DYH8W8W WSWSWSWSWSWSWSWSWSWSWSWSWSWSWS WS WS WS FIRE WS WS WS W S WS WS W S WS W S WS WS WS WS WS WS W S W S WSWS WS WSWS W S WS WS W S W S 8W15SD15 S D 15 S D 15SD 15SD15SD D D D D D D D D D 12SD12SD15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD 15S D 15S D 15SD 15SD 15S D 15S D 18 S D 12SD24SD24SD24SD24SD24SD24SD24SD24SD24SD24SD24SD24SDD 15S D 15 S D 15 S D 15 S D D 12SD24SD24SDDDDDDDDDDDDDDDDDDDDDDDDDD D D D D D 18SD 18SD LO T 8 28 7 0 s q . f t . LOT 16 1917 sq.ft. L O T 4 23 1 0 s q . f t . L O T 2 17 7 0 s q . f t . LO T 1 21 3 6 s q . f t . LOT 17 2275 sq.ft. LO T 5 26 5 4 s q . f t . L O T 6 20 9 5 s q . f t . LOT 6 0.99 acs.RESTRICTED LOT 9RESTRICTED LOT 91.27 acs.RESTRICTED LOT 91.27 acs.RESTRICTED LOT 9S5 3 ° 3 2 ' 2 7 " E S36°27'33"W S5 3 ° 3 2 ' 2 7 " E S36°27'33"W S51° 2 8' 5 1" W S36°27'33"W S5 3 ° 3 2 ' 2 7 " E S 5 3 ° 3 2 ' 2 7 " E S89°23'55"E S 5 3 ° 3 2 ' 2 7 " E LOT 15 1919 sq.ft. LO T 1 39 0 0 s q . f t . LO T 2 34 5 0 s q . f t . L O T 3 39 0 0 s q . f t . LO T 8 20 1 6 s q . f t . LO T 7 33 0 1 s q . f t . L O T 1 31 1 9 s q . f t . LO T 1 2 26 9 5 s q . f t . L O T 6 57 0 3 s q . f t . L O T 1 1 18 4 8 s q . f t . L O T 5 27 1 0 s q . f t . L O T 1 0 31 3 3 s q . f t . LO T 4 26 9 5 s q . f t . L O T 9 34 6 6 s q . f t . L O T 3 26 9 5 s q . f t . LO T 2 26 9 5 s q . f t .LOT 111885 sq.ft.LOT 121885 sq.ft.PARK 1 2.47 acs.LOT 101885 sq.ft.O.S. 6 3372 sq.ft.LOT 133056 sq.ft.LOT 93009 sq.ft.L O T 7 20 9 4 s q . f t . LO T 3 17 7 0 s q . f t .21.63'C1551 . 0 0 '16.95'C14 53 . 6 9 ' 29 . 0 0 ' 29 . 0 0 ' 27 . 2 0 ' C17 C1929.50'35.00'30.00'97.31'8.85'C1818 . 6 1 ' C16 21.63'29.50'29.50'37.37'30. 0 0 '37.37'29.50'29.50'60 . 0 0 '29.69'17 . 7 5 ' 60 . 0 0 '29.50'60 . 0 0 '29.50'26.17'71 . 0 0 '37.37'71 . 0 0 '29.50'71 . 0 0 '29.50'71 . 0 0 '41.63'37 . 7 1 '65.00'C13 48.6 1' 29 . 0 0 '65.00'29 . 0 0 '65.00'29 . 0 0 '65.03'56 . 9 8 '29.50'65.00'35.00'65.00' 20 . 0 0 ' 20 . 0 0 '35.00'24.00'13.21'C35 C34 24.3 4' 24.0 0' 44.2 2' 41.1 6' C29 2.74'35.00'35.00'35.00'35.00'40.50'77 . 0 0 ' 77 . 0 0 '40.50'77 . 0 0 '35.00'77 . 0 0 '35.00'77 . 0 0 '35.00'78 . 8 2 'C289.45'C27 8 2 . 6 4 ' 44.6 3' 8 3 . 5 3 ' 35.5 5' 8 4 . 4 4 ' 24.0 2' 79 . 0 7 '16.58'77 . 0 0 '43.62'77 . 0 0 '24.00'77 . 0 0 '35.00'75 . 0 0 '52.00'75 . 0 0 '52.00'75 . 0 0 '46.00'46.00'75 . 0 0 '52.00'52.00'35.74'C21 LOT 14 3194 sq.ft. 65.00'29.50'65.00'29.55'12.11'C2080.70'70.94'S36°27'33"W S0°36'05"WS5 3 ° 3 2 ' 2 7 " EN36°27'33"EN49° 1 8'3 7" E N36°27'33"E55.5 9'119.21'18 0 . 6 7 'C1172.07'277.00' S5 3 ° 3 2 ' 2 7 " E S0°36'05"W10.00'30.00'30.00'N36°27'33"E30.00'30.00'N36°27'33"EC46 C47 C69 ALLEY 3.2 (30' ROW)ALLEY 3.1 (30' ROW)ALL E Y 6.1 (2 0' R O W)QUICKSILVER RD (60' R.O.W.)FUTURE TEMERITYLN (60' R.O.W.)T U R N R O W T R A I L ( 6 0 ' R . O . W . ) G U N S M O K E A V E ( 6 0 ' R . O . W . )QUICKSILVER RD (60' R.O.W.)QUICKSILVER RD (60' R.O.W.)LOTS - 15.22 acs. RESTRICTED LOTS - 83.53 acs. OPEN SPACE - 2.45 acs. PARK - 3.48 acs. RIGHT-OF-WAY - 10.00 acs. TOTAL - 114.68 acs. AREA SUMMARY SITUATED IN THE NE1/4 OF SECTION 27, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OF TURNROW SUBDIVISION PURPOSE TO CREATE 146 REMU LOTS 20 RESTRICTED LOTS 16 OPEN SPACE LOTS 2 PARK LOTS ZONING REMU OWNER VIRGA VENTURE II LLC PO BOX 1070 BOZEMAN, MT 59771-1070 ©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: Aug/01/2024 PLOTTED BY: cody farley DRAWING NAME: N:\6916\004 - Turnrow Preliminary Plat\ACAD\Survey\PrePlat\6916-004_PRE-PLAT_PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY:125Virga Venture II LLC GALLATIN 6916.009 1" = 30' July 31, 2024 LRH CJF JCW 5E 1S 27NE MONTANA PRINCIPAL MERIDIAN, MONTANAengineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 30 6015300 SCALE IN FEET KEY MAP C C B LEGEND SET A REBAR 5/8" DIA.., WITH AN ORANGE PLASTIC CAP, "MMI 16411LS". FOUND REBAR AS MARKED FOUND BRASS CAP FOUND US PUBLIC LAND SURVEY SECTION CORNER MONUMENT 22 23 2627 FOUND 2" MDT ALUMINUM CAP MEASURED DIMENSION(M) RECORDED DIMENSION PER EXISTING MINOR SUBDIVISION FINAL PLAT(R) ALUMINUM CAPA.C. CERTIFIED CORNER RECORDATIONC.C.R.BLOCK 6BLOC K 3 BOLLARD FIRE HYDRANT WATER VALVE SANITARY SEWER MH STORM DRAIN MH STORM DRAIN INLET DYHWV S D LIGHT POLE POWER POLE W WATER WELL LEGEND EDGE OF ASPHALT FLOWLINE OF CURB//////TOP BACK OF CURB SIDEWALK WATER MAIN W/ SIZE8W SEWER MAIN W/ SIZE8S 5' CONTOUR - MAJOR 1' CONTOUR - MINOR BUILDING SIGN EXISTING FEATURES 8S 8S S SANITARY SEWER MH SEWER MAIN W/ SIZE 8W 8W FIRE HYDRANT WATER MAIN W/ SIZE DYH PERMANENT STORM POND EDGE OF ASPHALT FLOWLINE OF CURB CULVERT SIDEWALK PROPOSED FEATURES TOP BACK OF CURB 4995 FORCE MAIN STORM DRAIN FM 15SD 15SD NG NATURAL GAS TEMPORARY STORM POND RUN-ON STORM CONVEYANCEDD STORM DRAIN MANHOLED PHASE 1 BOUNDARY LEGEND SUB-PHASE 1.1 BOUNDARY SUB-PHASE 1.2 BOUNDARY SUB-PHASE 1.3 BOUNDARY SUB-PHASE 1.4 BOUNDARY C D EASEMENT LEGEND PROPOSED 30' PUBLIC ACCESS & UTILITY EASEMENT PROPOSED 10' PUBLIC UTILITY EASEMENT PROPOSED 10' PEDESTRIAN ACCESS EASEMENT A B D C PROPOSED TEMPORARY ACCESS, WATER, AND STORM EASEMENT E PROPOSED 60' PUBLIC STREET AND UTILITY EASEMENT A PROPOSED TEMPORARY STORMWATER POND FOR PHASE 1.1 GENERAL NOTES 1.SEE PARCEL CURVE DATA TABLE AND PARCEL LINE DATA TABLE ON SHEET 12. B C C ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS (EXCEPT THE RESTRICTED LOTS): - 10' ALONG PUBLIC RIGHTS-OF-WAY - ALLEY RIGHTS-OF-WAY ARE EXCLUDED - 10' ALONG SIDE LOT LINES PUBLIC UTILITY EASEMENTS (P.U.E.) 66 18S NG N G N G 4625 NG N G N G 10.00' WATER SERVICE EASEMENT S S S S S S S S S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S10S 10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10SS S S S S 8S 8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S 8S 8S 8S8S8S8S8S8S8S8S8S8S8S8S8 S 8S 8S 8S 8 S 8S 8S 8S8S8S8S8S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10SS S S S S SS S S S SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSS SSSSSSSS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SSSSSSSS SS SS SS SS SS SS SS SS S S 8W 8W 8W 8W8W 8W 8W 8W8W 8W 8W 8W 8W8W 8W 8W 8W8W 8W 8W 8W 8W 8W 8W 8W 8W8W 8W 8W 8W8 W 8 W 8 W 8 W 8 W 8 W 8 W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 12W 8W8W8W8W8W8W8W8W8W8W8W8W8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8W8W8W8W8W8W8W 8W 8W 8W8W 8W 8W 8 W 8 W 8 W 8 W 8 W 8W 8W 8W 8WDYH DYH DYHDYH6WDYH DYHDYH 8W B B 8W 8W8W 8W 8W 12W 12W12W12W12W12W12W12W12W12W12WWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS W S WS WS WS WS W S W S W S W S W S WS WS WS WS WS W S W S W S WS WSWSWSWSWSWSDYH WSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSW S WS WS WS WS WS W S W S WS WS WS W S W S W S W S WS W S W S WS WS WSWSWS WS W S W S W S W S W S W S W S WS WS WS WS WS FIRE WS W S WS W S WS W S W S W S W S WS W S W S 8W8W8W8W8W8W8W8W8W8W8W8W15 S D 15 S D 15 S D 15SD15SD15SD15SD15SD15SD15SD15SDD D D D D D D D 15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD15SD15S D 15SD15SD 15SD 12SD24SD24SD24SD24SD24SD24SD24SD24SD24SD24SD24SD24SD12SD 12SD 12SD D 15 S D 15 S D 15 S D 15 S D D D 12SDD DDDDDDDDDDDDDDDDDDDDDDDDDDDD D D D D D 18SD 18SD L O T 8 28 7 0 s q . f t . LOT 16 1917 sq.ft. L O T 4 23 1 0 s q . f t . LO T 2 17 7 0 s q . f t . L O T 1 21 3 6 s q . f t . LOT 17 2275 sq.ft. L O T 5 26 5 4 s q . f t . LO T 6 20 9 5 s q . f t . LOT 25 1656 sq.ft. LOT 24 2070 sq.ft. LOT 23 2070 sq.ft. LOT 22 1656 sq.ft. LOT 21 2557 sq.ft. L O T 2 7 30 4 0 s q . f t . L O T 2 9 26 6 0 s q . f t . LO T 2 8 26 6 0 s q . f t . L O T 3 1 30 4 0 s q . f t . L O T 3 0 31 8 1 s q . f t . O.S. 11 0.33acs.S0°36'05"WS89°23'55"E S 5 3 ° 3 2 ' 2 7 " E S5 3 ° 3 2 ' 2 7 " E S36°27'33"W S36°27'33"W N5 4 ° 3 2 ' 2 7 " W S5 3 ° 3 2 ' 2 7 " E S36°27'33"W S89°23'55"E S5 3 ° 3 2 ' 2 7 " E S36°27'33"W LOT 191896 sq.ft.LOT 142291 sq.ft.LOT 173081 sq.ft.LOT 103162 sq.ft.LOT 81946 sq.ft.LOT 91946 sq.ft.LOT 113162 sq.ft.LOT 132351 sq.ft.LOT 183081 sq.ft.LOT 151896 sq.ft.LOT 161896 sq.ft.O.S. 101841 sq.ft.O.S. 81892 sq.ft.LOT 26 2436 sq.ft.LOT 1 2415 sq.ft. LOT 5 1656 sq.ft. LOT 4 2070 sq.ft. LOT 3 2070 sq.ft. LOT 2 1656 sq.ft.LOT 121946 sq.ft.LOT 15 1919 sq.ft. LO T 1 39 0 0 s q . f t . L O T 1 39 0 0 s q . f t . L O T 2 34 5 0 s q . f t . L O T 3 39 4 9 s q . f t . L O T 2 34 5 0 s q . f t . LO T 3 39 0 0 s q . f t . L O T 1 31 1 9 s q . f t . L O T 4 26 9 5 s q . f t . L O T 3 26 9 5 s q . f t . L O T 2 26 9 5 s q . f t . LO T 3 4 30 4 0 s q . f t . L O T 3 3 26 6 0 s q . f t . LO T 3 2 26 6 0 s q . f t .LOT 202291 sq.ft.LOT 6 2557 sq.ft.O.S. 91841 sq.ft.LOT 72351 sq.ft.O.S. 71892 sq.ft.LOT 111885 sq.ft.LOT 121885 sq.ft.PARK 1 2.47 acs.LOT 101885 sq.ft.O.S. 6 3372 sq.ft.LOT 133056 sq.ft.LOT 93009 sq.ft.LO T 7 20 9 4 s q . f t . LO T 3 17 7 0 s q . f t .21.63'C1551 . 0 0 '16.95'C14 53 . 6 9 ' 29 . 0 0 ' 29 . 0 0 ' 27 . 2 0 ' C17 C1929.50'35.00'30.00'97.31'8.85'C1818 . 6 1 ' C16 21.63'29.50'29.50'37.37'30 . 0 0 '37.37'29.50'29.50'60 . 0 0 '29.69'17 . 7 5 ' 60 . 0 0 '29.50'60 . 0 0 '29.50'26.17'71. 0 0 '37.37'71 . 0 0 '29.50'71 . 0 0 '29.50'71 . 0 0 '41.63'37 . 7 1 '65.00'C13 48.6 1' 29 . 0 0 '65.00'29 . 0 0 '65.00'29 . 0 0 '65.03'56 . 9 8 '29.50'65.00'35.00'65.00' 20 . 0 0 '40.00'35.00'35.00'40.00'20 . 0 0 '40.00'35.00'35.00'40.00'24.00'24.00'39.00'39.00'24.00'29.00' C38 56.06'20.00'37.06'24.00'30.00'30.00'24.00'35.00'20.00'54.00'C 3 6 29.00'24.00'39.00'39.00'24.00'24.00'29.00' C37 54.00'20.00'35.00'24.00'30.00'30.00'24.00'37.06'20.00'56.06'C 3 9 29.00' 69.00' 69.00'35.00'69.00'24.00'69.00'30.00'69.00'30.00'69.00'24.00'69.00'37.06'81.06'29.00'81.06'24.00'81.06'24.00'81.06'39.00'81.06'39.00'81.06'81.06'24.00'81.06'29.00'79.00'79.00'29.00'79.00'24.00'79.00'24.00'79.00'39.00'79.00'39.00'79.00'24.00'79.00'29.00' 67.08' C4537.05'69.00'24.00'69.00'30.00'69.00'30.00'69.00'24.00'69.00'37.23'C23 40.74' 66 . 0 2 '40.00'35.00'35.00'46.85'1.22'C24 25.00'25.00' 25.00'25.00' 76. 0 0 ' 76 . 0 0 ' 76 . 0 0 ' 76 . 0 0 ' 22 . 7 5 ' C2 5 76 . 0 0 '40.00'76 . 0 0 '35.00'76 . 0 0 '35.00'76 . 0 0 '40.00'76 . 0 0 ' 20 . 0 0 '35.00'35.00'40.50'77 . 0 0 ' 77 . 0 0 '40.50'77 . 0 0 '35.00'77 . 0 0 '35.00'35.00'9.45'75 . 0 0 '52.00'75 . 0 0 '52.00'75 . 0 0 '46.00'46.00'75 . 0 0 '52.00'52.00'75 . 0 0 '52.00'75 . 0 0 '52.00'46.00'75 . 0 0 ' 75. 0 1 '53.31'52.00'35.74'C21 LOT 14 3194 sq.ft. 65.00'29.50'65.00'29.55'12.11'C2080.70'70.94'S0°36'05"WS89°23'55"ES0°36'05"WS36°27'33"W S5 3 ° 3 2 ' 2 7 " ES36°27'33"W S36°27'33"WS36°27'33"W S0°36'05"WS5 3 ° 3 2 ' 2 7 " EN36°27'33"EC1172.07'277.00' S5 3 ° 3 2 ' 2 7 " E S0°36'05"WS36°27'33"WS0°36'05"W46.00'58.64'30.00'30.00'N36°27'33"E30.00'30.00'N36°27'33"EC46 C2630.00'ALLEY 4.1 (20' ROW)ALLEY 4.2 (20' ROW)ALLEY 4.3 (20' ROW)ALLEY 3.2 (30' ROW)ALLEY 3.1 (30' ROW)ALLEY 4.4 (20' ROW)ALLEY 5.6 (20' ROW)A L L E Y 5 . 4 ( 3 0 ' R O W ) T U R N R O W T R A I L ( 6 0 ' R . O . W . ) DURANGO LN (60' R.O.W.)QUICKSILVER RD (60' R.O.W.)GUNSMOKE AVE (60' R.O.W.)D U R A N G O L N ( 6 0 ' R . O . W . ) LOTS - 15.22 acs. RESTRICTED LOTS - 83.53 acs. OPEN SPACE - 2.45 acs. PARK - 3.48 acs. RIGHT-OF-WAY - 10.00 acs. TOTAL - 114.68 acs. AREA SUMMARY SITUATED IN THE NE1/4 OF SECTION 27, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OF TURNROW SUBDIVISION PURPOSE TO CREATE 146 REMU LOTS 20 RESTRICTED LOTS 16 OPEN SPACE LOTS 2 PARK LOTS ZONING REMU OWNER VIRGA VENTURE II LLC PO BOX 1070 BOZEMAN, MT 59771-1070 KEY MAP engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 30 6015300 SCALE IN FEET ©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: Aug/01/2024 PLOTTED BY: cody farley DRAWING NAME: N:\6916\004 - Turnrow Preliminary Plat\ACAD\Survey\PrePlat\6916-004_PRE-PLAT_PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY:126Virga Venture II LLC GALLATIN 6916.009 1" = 30' July 31, 2024 LRH CJF JCW 5E 1S 27NE MONTANA PRINCIPAL MERIDIAN, MONTANA LEGEND SET A REBAR 5/8" DIA.., WITH AN ORANGE PLASTIC CAP, "MMI 16411LS". FOUND REBAR AS MARKED FOUND BRASS CAP FOUND US PUBLIC LAND SURVEY SECTION CORNER MONUMENT 22 23 2627 FOUND 2" MDT ALUMINUM CAP MEASURED DIMENSION(M) RECORDED DIMENSION PER EXISTING MINOR SUBDIVISION FINAL PLAT(R) ALUMINUM CAPA.C. CERTIFIED CORNER RECORDATIONC.C.R. B B B BLOCK 9BLOCK 4 BOLLARD FIRE HYDRANT WATER VALVE SANITARY SEWER MH STORM DRAIN MH STORM DRAIN INLET DYH WV S D LIGHT POLE POWER POLE W WATER WELL LEGEND EDGE OF ASPHALT FLOWLINE OF CURB//////TOP BACK OF CURB SIDEWALK WATER MAIN W/ SIZE8W SEWER MAIN W/ SIZE8S 5' CONTOUR - MAJOR 1' CONTOUR - MINOR BUILDING SIGN EXISTING FEATURES 8S 8S S SANITARY SEWER MH SEWER MAIN W/ SIZE 8W 8W FIRE HYDRANT WATER MAIN W/ SIZEDYH PERMANENT STORM POND EDGE OF ASPHALT FLOWLINE OF CURB CULVERT SIDEWALK PROPOSED FEATURES TOP BACK OF CURB 4995 FORCE MAIN STORM DRAIN FM 15SD 15SD NG NATURAL GAS TEMPORARY STORM POND RUN-ON STORM CONVEYANCEDD STORM DRAIN MANHOLED PHASE 1 BOUNDARY LEGEND SUB-PHASE 1.1 BOUNDARY SUB-PHASE 1.2 BOUNDARY SUB-PHASE 1.3 BOUNDARY SUB-PHASE 1.4 BOUNDARY D D EASEMENT LEGEND PROPOSED 30' PUBLIC ACCESS & UTILITY EASEMENT PROPOSED 10' PUBLIC UTILITY EASEMENT PROPOSED 10' PEDESTRIAN ACCESS EASEMENT A B D C PROPOSED TEMPORARY ACCESS, WATER, AND STORM EASEMENT E PROPOSED 60' PUBLIC STREET AND UTILITY EASEMENT PROPOSED TEMPORARY STORMWATER POND FOR PHASE 1.4 D PROPOSED TEMPORARY STORMWATER POND FOR PHASE 1.1 A C PROPOSED TEMPORARY STORMWATER POND FOR PHASE 1.3 GENERAL NOTES 1.SEE PARCEL CURVE DATA TABLE AND PARCEL LINE DATA TABLE ON SHEET 12. C ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS (EXCEPT THE RESTRICTED LOTS): - 10' ALONG PUBLIC RIGHTS-OF-WAY - ALLEY RIGHTS-OF-WAY ARE EXCLUDED - 10' ALONG SIDE LOT LINES PUBLIC UTILITY EASEMENTS (P.U.E.) 67 N G N G 18S N G NG N G N G N G N G N G N G N G N G N G N G NG N G N G N G N G N G 4625 TERR Y F S C H A P L O W 5293 D A VI S L N BOZE M A N, M T 5 9 7 1 8- 9 7 1 2 C.O.S. 3 0 3 5 TERR Y F S C H A P L O W 5293 D A VI S L N BOZE M A N, M T 5 9 7 1 8- 9 7 1 2 C.O.S. 3 0 3 5 N G NG N G N G N G N G N G N G N G N G N G N G NG N G N G N G N G N G 10.00' WATER SERVICE EASEMENT S S S S S 8S 8 S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S 10S10S10S10S10S10S10SS S S S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S8S 8S 8S 8S 8 S 8S8S8S8S8S8S8S8S8S8S8S8S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10S10SS S S S S S S S S S S S SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS 10S10S10S10S8W8W8W8W8W8W8W8W8W8W 8W 8W 8W 8W8W 8W 8W 8W8W 8W 8W 8W8W 8W 8W 8W 8W8W 8W 8 W 8 W 8 W 8 W 8 W 8 W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W8W8W8W8W8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8W8W8W8W8W 8W8W 8 W 8 W 8 W 8 W 8 W 8 W 8W8W 8W 8W 8W8W 8W 8WDYH DYH 6WDYHDYH DYH DYH DYHB 8W 8W 8W 8W8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W B DYH WSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS WS W S WS WS WS WS WS WS W S W S W S W S W S WS WS WS WS WS W S W S W S W SWSWSWSWSWSWS WSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWSWS WS WS W S W S W S W S W S WS W S W S W S W S WS WS WS WS WS WS WS WSWSW S W S W S W S WS W S W S WS WS WS WS WS WS WS W S W S 8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W15 S D 15 S D 15 S D 15SD15SD15SD15SD15SD15SD15SD15SDD D D D D D D 15SD15SD15SD15SD15SD15SD15SD12SD15SD15SD15SD15SD15SD24SD24SD24SD24SD12SD12SD 12SD D D 12SDD D D 18SD 18SD LOT 16 1917 sq.ft. L O T 2 17 7 0 s q . f t . L O T 1 21 3 6 s q . f t . LOT 17 2275 sq.ft. 26 5 4 s q . f t . S89°23'55"E S 5 3 ° 3 2 ' 2 7 " E S 5 3 ° 3 2 ' 2 7 " E S36°27'33"WS36°27'33"W N 5 4 ° 3 2 ' 2 7 " W S89°23'55"E S5 3 ° 3 2 ' 2 7 " E S0°36'05"WS36°27'33"WLOT 2 1656 sq.ft. LOT 3 2070 sq.ft. LOT 4 2070 sq.ft. LOT 25 1656 sq.ft. LOT 24 2070 sq.ft. LOT 23 2070 sq.ft. LOT 1 2415 sq.ft. LOT 26 2415 sq.ft.O.S. 151841 sq.ft.PARK 2 1.01 acs.LOT 151896 sq.ft.LOT 161896 sq.ft.LOT 173081 sq.ft.LOT 183081 sq.ft.LOT 191896 sq.ft.LOT 202291 sq.ft.O.S. 16 0.32acs. LOT 15 1919 sq.ft. L O T 1 39 0 0 s q . f t . L O T 1 39 0 0 s q . f t . LO T 2 34 5 0 s q . f t . L O T 3 39 4 9 s q . f t . L O T 2 34 5 0 s q . f t . LO T 3 39 0 0 s q . f t . LOT 21 2951 sq.ft.O.S. 121890 sq.ft.LOT 6 2461 sq.ft.LOT 91979 sq.ft.LOT 103240 sq.ft.LOT 113269 sq.ft.LOT 122027 sq.ft.LOT 132464 sq.ft.O.S. 132003 sq.ft.LOT 81968 sq.ft.LOT 22 1656 sq.ft.LOT 142291 sq.ft.O.S. 141841 sq.ft.LOT 5 1656 sq.ft.LOT 72363 sq.ft.LO T 2 8 26 6 0 s q . f t . L O T 2 9 26 6 0 s q . f t . LO T 3 0 26 6 0 s q . f t . L O T 4 4 30 7 8 s q . f t .LOT 342765 sq.ft.L O T 3 1 35 8 8 s q . f t . LO T 4 3 26 6 0 s q . f t .LOT 334002 sq.ft.L O T 4 2 26 6 0 s q . f t . LO T 2 7 31 5 2 s q . f t . L O T 4 1 26 6 0 s q . f t .LOT 353952 sq.ft.LOT 382660 sq.ft.LOT 373735 sq.ft.LOT 393669 sq.ft.O.S. 6 3372 sq.ft. LO T 4 0 31 0 2 s q . f t . L O T 3 17 7 0 s q . f t .29.50'35.00'30.00'97.31'29.50'37.37'30 . 0 0 '37.37'60 . 0 0 '29.69'17 . 7 5 ' 60 . 0 0 '29.50'29.50'26.17'71 . 0 0 '29.50'65.00'35.00'65.00' 24.00'24.00'39.00'39.00'24.00'29.00' C56 60.72'20.00'42.11'24.00'30.00'30.00'24.00'35.00'20.00'54.00'C 5 5 29.00'24.00'39.00'39.00'24.00'24.00'29.00' C58 54.00'20.00'35.00'24.00'30.00'30.00'24.00'36.34'20.00'55.72'C 5 7 29.00'49.00'C5129 . 8 4 ' 35 . 0 0 ' 29 . 8 4 ' C48 49.00'10.00' 10.00'29.50'35.00'35.00'35.00'40.50'20 . 0 0 '56.00'C4929 . 4 0 ' 35 . 0 0 ' 30 . 2 8 ' C50 56.00'7. 3 4 ' C5 2 41.93'35.00'35.00'35.00'29.50'15.00' 15.00'81.21'25.00'85.23'25.00'79.00'25.00'79.00'25.00'35.00'35.00'29.50'35.45'C54 35.01'24.00'30.00'30.00'24.00'43.44'111.22' 25 . 5 7 '39.50'35.00'35.00'69.00' 69.00'24.00'69.00'30.00'69.00'30.00'69.00'24.00'69.00'35.00'69.01'29.01'81.77'24.00'82.23'24.00'82.70'39.01'83.45'39.01'84.21'24.00'84.67'29.01'79.00'29.00'79.00'24.00'79.00'24.00'79.00'39.00'79.00'39.00'79.00'24.00'29.00' 69.01' 69.00' 69.00' 69.00' 69.00' 69.00' C72 67.08' 10.00' 76 . 0 0 ' 91 . 0 0 ' 76 . 0 0 ' 76 . 0 0 ' 76 . 0 0 ' C53 64 . 8 4 '79.00'35 . 0 0 '79.00'10.00'59 . 8 4 '76.00'50. 2 8 '76.00'35. 0 0 ' 49 . 4 0 '39.50'76 . 0 0 ' 86 . 0 0 '35.00'76. 0 0 '35.00'76 . 0 0 '35.00'76 . 0 0 '40.50'76 . 0 0 '52.00'75 . 0 0 ' 75 . 0 0 '46.00'46.00'75 . 0 0 '52.00'52.00'75 . 0 0 '52.00'75 . 0 0 '52.00'46.00'75 . 0 0 ' 75 . 0 1 '53.31'52.00'35.74'C21 365.41'81.18'83.65'29.50'65.00'29.55'S0°36'05"WS89°23'55"ES0°36'05"WS0°36'05"WS0°36'05"WS89°23'55"ES36°27'33"WS5 3 ° 3 2 ' 2 7 " ES36°27'33"WS36°27'33"W S36°27'33"WS0°36'05"W72.07'277.00'S0°36'05"WS36°27'33"W N0°36'05"ES89°29'32"W N 5 3 ° 3 2 ' 2 7 " W46.00'58.64'C12N36°27'33"E30.00'30.00'N36°27'33"EC46 30.00'30.00'ALLEY 4.1 (20' ROW) ALLEY 5.1 (20' ROW)ALLEY 4.2 (20' ROW)ALLEY 4.3 (20' ROW)ALLEY 5.2 (20' ROW)ALLEY 5.3 (20' ROW)ALLEY 3.2 (30' ROW)ALLEY 3.1 (30' ROW)ALLEY 4.4 (20' ROW)ALLEY 5.6 (20' ROW)ALLEY 5.5 (30' ROW) A L L E Y 5 . 4 ( 3 0 ' R O W )GUNSMOKE AVE (60' R.O.W.)T U R N R O W T R A I L ( 6 0 ' R . O . W . ) DURANGO LN (60' R.O.W.) WESTLAKE RD (32' R.O.W.)QUICKSILVER RD (60' R.O.W.)GUNSMOKE AVE (60' R.O.W.)D U R A N G O L N ( 6 0 ' R . O . W . ) LOTS - 15.22 acs. RESTRICTED LOTS - 83.53 acs. OPEN SPACE - 2.45 acs. PARK - 3.48 acs. RIGHT-OF-WAY - 10.00 acs. TOTAL - 114.68 acs. AREA SUMMARY SITUATED IN THE NE1/4 OF SECTION 27, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OF TURNROW SUBDIVISION PURPOSE TO CREATE 146 REMU LOTS 20 RESTRICTED LOTS 16 OPEN SPACE LOTS 2 PARK LOTS ZONING REMU OWNER VIRGA VENTURE II LLC PO BOX 1070 BOZEMAN, MT 59771-1070 KEY MAP engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 30 6015300 SCALE IN FEET C B PROPOSED TURNROW SUBDIVISION PHASE 1 PROPERTY BOUNDARY ©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: Aug/01/2024 PLOTTED BY: cody farley DRAWING NAME: N:\6916\004 - Turnrow Preliminary Plat\ACAD\Survey\PrePlat\6916-004_PRE-PLAT_PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY:127Virga Venture II LLC GALLATIN 6916.009 1" = 30' July 31, 2024 LRH CJF JCW 5E 1S 27NE MONTANA PRINCIPAL MERIDIAN, MONTANA LEGEND SET A REBAR 5/8" DIA.., WITH AN ORANGE PLASTIC CAP, "MMI 16411LS". FOUND REBAR AS MARKED FOUND BRASS CAP FOUND US PUBLIC LAND SURVEY SECTION CORNER MONUMENT 22 23 2627 FOUND 2" MDT ALUMINUM CAP MEASURED DIMENSION(M) RECORDED DIMENSION PER EXISTING MINOR SUBDIVISION FINAL PLAT(R) ALUMINUM CAPA.C. CERTIFIED CORNER RECORDATIONC.C.R. PROPOSED 56.0' NATURAL GAS EASEMENT EXISTING NATURAL GAS MAIN EASEMENT. BOOK 100, PG. 359 B BLOCK 5BLOCK 10PHASE 1 BOUNDARY LEGEND SUB-PHASE 1.1 BOUNDARY SUB-PHASE 1.2 BOUNDARY SUB-PHASE 1.3 BOUNDARY SUB-PHASE 1.4 BOUNDARY B C D D PROPOSED TEMPORARY STORMWATER POND FOR PHASE 1.4 PROPOSED TEMPORARY STORMWATER POND FOR PHASE 1.3 D A EASEMENT LEGEND PROPOSED 30' PUBLIC ACCESS & UTILITY EASEMENT PROPOSED 10' PUBLIC UTILITY EASEMENT PROPOSED 10' PEDESTRIAN ACCESS EASEMENT A B D C PROPOSED TEMPORARY ACCESS, WATER, AND STORM EASEMENT E PROPOSED 60' PUBLIC STREET AND UTILITY EASEMENT GENERAL NOTES 1.SEE PARCEL CURVE DATA TABLE AND PARCEL LINE DATA TABLE ON SHEET 12. BOLLARD FIRE HYDRANT WATER VALVE SANITARY SEWER MH STORM DRAIN MH STORM DRAIN INLET DYH WV S D LIGHT POLE POWER POLE W WATER WELL LEGEND EDGE OF ASPHALT FLOWLINE OF CURB//////TOP BACK OF CURB SIDEWALK WATER MAIN W/ SIZE8W SEWER MAIN W/ SIZE8S 5' CONTOUR - MAJOR 1' CONTOUR - MINOR BUILDING SIGN EXISTING FEATURES 8S 8S S SANITARY SEWER MH SEWER MAIN W/ SIZE 8W 8W FIRE HYDRANT WATER MAIN W/ SIZEDYH PERMANENT STORM POND EDGE OF ASPHALT FLOWLINE OF CURB CULVERT SIDEWALK PROPOSED FEATURES TOP BACK OF CURB 4995 FORCE MAIN STORM DRAIN FM 15SD 15SD NG NATURAL GAS TEMPORARY STORM POND RUN-ON STORM CONVEYANCEDD STORM DRAIN MANHOLED ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS (EXCEPT THE RESTRICTED LOTS): - 10' ALONG PUBLIC RIGHTS-OF-WAY - ALLEY RIGHTS-OF-WAY ARE EXCLUDED - 10' ALONG SIDE LOT LINES PUBLIC UTILITY EASEMENTS (P.U.E.) 68 F N G N G N G MW F TV TV TV TV E E E E E E P T T T T T TTTT T B F B FBFBFBFBF BF BF BF BF BF BF BF BF BF BF BF BF BF BF BF BF BF BF B F B F BF BF B F BF BF B F B F B F B F B F BF B F BF BF B F BF BF BF BF B F B F BF B F B F B F BF BF BF BP BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BT BTBT BT BT BT BT BT BT BT BT BT BT BT BTVBTV BT V BTV BTV BT V BT V BT V BT V B T V B T V BT V B T V B T V BT V BT V B T V B T V B T V B T V B T V BT V BTV BTV BTV BTV BTV BTV BTV BTV BTV BTV BTV BTV XXXXXXXXX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XX X X X X OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OH P OH P OH P OH P OH P OH P OHPX X X X X X X X X X X X X X X X X X X X X X X X X O H P O H P O H P O H P O H P O H P O H P O H P O H P O H P O H P O H P O H P O H P O H P O H P O H PBFBFBT B T BT BT BT BT BT BT BT BT B T BT BT BT BT BT B T BT BT BT BT BT BT 4615 ERIC M & C H A R L E S F M C G UI R E 14 ST U B B S L N BOZE M A N, M T 5 9 7 1 8 7 1 2 6 LOD Y E & J A C Q U E LI N E J R E Y G E R S 920 A R B O R S T COST A M E S A, C A 9 2 6 2 7 4 1 1 2 ANIT A A N D E R S O N & D A VI D NATH A N H U R L B E R T 60 ST U B B S L N BOZE M A N, M T 5 9 7 1 8 7 1 2 6 DYLA N HI L L B E R R Y 118 S T U B B S L N BOZE M A N, M T 5 9 7 1 8 7 1 2 7 CARM E N M M A T ZI C K 160 S T U B B S L N BOZE M A N, M T 5 9 7 1 8 7 1 2 7 MICH A E L D. & C A S E Y E. A N D R E W S 190 S T U B B S L N BOZE M A N, M T 5 9 7 1 8 7 1 2 7 MICH A E L & R E B E C C A R O S E 218 S T U B B S L N BOZE M A N, M T 5 9 7 1 8 7 1 2 9 PETE R E & T A S H A D G A R CI A 90.00' PUBLIC STREET AND UTILITY EASEMENT 15S15S15S15S15S15S15S15S15S15S15S15SFMFM FM FM FM FM FM FM FM FM FM FM FM F M F M F M F M F M F M F M FM F M F M F M RESTRICTED LOT 5 4.59 acs. R E S T R I C T E D L O T 2 12 . 9 7 a c s . RESTRICTED LOT 1 5.29 acs.RESTRICTED LOT 45.80 acs.R E S T R I C T E D L O T 6 3. 6 8 a c s . R E S T R I C T E D L O T 7 4. 4 7 a c s . N89°16'08"E 171.74' C67 N5 3 ° 3 2 ' 2 7 " W 90 . 0 7 ' N5 3 ° 3 2 ' 2 7 " W 76 7 . 7 6 'S3 9 ° 3 3 ' 0 3 " E 6 2 . 0 5 ' N 5 3 ° 3 2 ' 2 7 " W 48 4 . 1 8 ' N89°16'08"E 254.10' N89°23'55"W 131.28' C66 S5 4 ° 1 6 ' 1 7 " E 14 7 . 5 6 ' C7 5 N89°23'55"W 113.93'N0°36'05"E640.81'S36°27'33"W 209.00'S5 3 ° 3 2 ' 2 7 " E 76 7 . 7 6 'S36°27'33"W 209.00'N36°27'33"E475.26'N 5 3 ° 3 2 ' 2 7 " W 76 7 . 7 6 'S36°27'33"W 215.67'S0°36'05"W158.01'N5 3 ° 3 2 ' 2 7 " W 30 2 . 2 0 'N0°00'00"E504.48'N89°16'08"E 34.36' C73 C74 N82°50'39"W 59.79'S0°36'05"W 998.08'S0°36'05"W 569.58'F U T U R E B O O M E R A N G R D ( 6 0 ' R . O . W . )FUTURE ROWDY RD (60' R.O.W.)FUTURE BOOMERANG RD (60' R.O.W.)FUTURE ROWDY RD (60' R.O.W.)FUTURE FERGUSON AVENUE (90' R.O.W.) F U T U R E G U N S M O K E A V E ( 6 0 ' R . O . W . ) LOTS - 15.22 acs. RESTRICTED LOTS - 83.53 acs. OPEN SPACE - 2.45 acs. PARK - 3.48 acs. RIGHT-OF-WAY - 10.00 acs. TOTAL - 114.68 acs. AREA SUMMARY SITUATED IN THE NE1/4 OF SECTION 27, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OF TURNROW SUBDIVISION PURPOSE TO CREATE 146 REMU LOTS 20 RESTRICTED LOTS 16 OPEN SPACE LOTS 2 PARK LOTS ZONING REMU OWNER VIRGA VENTURE II LLC PO BOX 1070 BOZEMAN, MT 59771-1070 KEY MAP engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 60 12030600 SCALE IN FEET PHA S E 1 E A S T V A L L E Y C E N T E R R D . ( 1 5 0 ' R . O . W . ) GENERAL NOTES 1.SEE NOTE 1 ON SHEET 1 (COVER), REFERRING TO RESTRICTED LOTS 1-20. 2.SEE PARCEL CURVE DATA TABLE AND PARCEL LINE DATA TABLE ON SHEET 12. LEGEND SET A REBAR 5/8" DIA.., WITH AN ORANGE PLASTIC CAP, "MMI 16411LS". FOUND REBAR AS MARKED FOUND BRASS CAP FOUND US PUBLIC LAND SURVEY SECTION CORNER MONUMENT 22 23 2627 FOUND A.C. ON 5/8 INCH REBAR MARKED MERIDIAN LAND SURVEYING, INC. MEASURED DIMENSION(M) RECORDED DIMENSION PER MINOR SUBDIVISION No. ???(R) ALUMINUM CAPA.C. CERTIFIED CORNER RECORDATION FORMC.C.R.F. PROPOSED 30' PUBLIC ACCESS AND UTILITY EASEMENT EXISTING 25' PUBLIC TRAIL EASEMENT DOC# 2791403 FUTURE S I T E O F C O B LIFT STAT I O N ©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: Aug/01/2024 PLOTTED BY: cody farley DRAWING NAME: N:\6916\004 - Turnrow Preliminary Plat\ACAD\Survey\PrePlat\6916-004_PRE-PLAT_PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY:128Virga Venture II LLC GALLATIN 6916.009 SEE PLAN July 31, 2024 LRH CJF JCW 5E 1S 27NE MONTANA PRINCIPAL MERIDIAN, MONTANA ZONE 1: 30' WATERCOURSE SETBACK ZONE 2: 50' WATERCOURSE SETBACK BOLLARD FIRE HYDRANT WATER VALVE SANITARY SEWER MH STORM DRAIN MH STORM DRAIN INLET DYH WV S D LIGHT POLE POWER POLE W WATER WELL LEGEND EDGE OF ASPHALT FLOWLINE OF CURB//////TOP BACK OF CURB SIDEWALK WATER MAIN W/ SIZE8W SEWER MAIN W/ SIZE8S 5' CONTOUR - MAJOR 1' CONTOUR - MINOR BUILDING SIGN EXISTING FEATURES 8S 8S S SANITARY SEWER MH SEWER MAIN W/ SIZE 8W 8W FIRE HYDRANT WATER MAIN W/ SIZEDYH PERMANENT STORM POND EDGE OF ASPHALT FLOWLINE OF CURB CULVERT SIDEWALK PROPOSED FEATURES TOP BACK OF CURB 4995 FORCE MAIN STORM DRAIN FM 15SD 15SD NG NATURAL GAS TEMPORARY STORM POND RUN-ON STORM CONVEYANCEDD STORM DRAIN MANHOLED E E E EASEMENT LEGEND PROPOSED 30' PUBLIC ACCESS & UTILITY EASEMENT PROPOSED 10' PUBLIC UTILITY EASEMENT PROPOSED 10' PEDESTRIAN ACCESS EASEMENT A B D C PROPOSED TEMPORARY ACCESS, WATER, AND STORM EASEMENT E PROPOSED 60' PUBLIC STREET AND UTILITY EASEMENTEXISTING TRACT BOUNDARYFUTURE FORCE MAIN ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS (EXCEPT THE RESTRICTED LOTS): - 10' ALONG PUBLIC RIGHTS-OF-WAY - ALLEY RIGHTS-OF-WAY ARE EXCLUDED - 10' ALONG SIDE LOT LINES PUBLIC UTILITY EASEMENTS (P.U.E.) 69 F B F B F B F B F B F B F BF B F B F BF BT V BT V B T V B T V B T V XXXXXXXXXXXXXXXXXXXX X X XX X N G N G N G N G N G NG N G N G N G N G N G N G 4620 4615 4615 N39°33'03"W 62.05'S0°36'05"W 2552.36'VALL E Y C E N T E R S U B DI VI SI O N BOZE M A N, M T 5 9 7 1 8 PARK 118 S T U B B S L N BOZE M A N, M T 5 9 7 1 8 7 1 2 7 CARM E N M M A T ZI C K 160 S T U B B S L N BOZE M A N, M T 5 9 7 1 8 7 1 2 7 MICH A E L D. & C A S E Y E. A N D R E W S 190 S T U B B S L N BOZE M A N, M T 5 9 7 1 8 7 1 2 7 MICH A E L & R E B E C C A R O S E 218 S T U B B S L N BOZE M A N, M T 5 9 7 1 8 7 1 2 9 PETE R E & T A S H A D G A R CI A 270 S T U B B S L N BOZE M A N, M T 5 9 7 1 8 7 1 2 9 N G N G N G N G N G NG N G N G N G N G N G N G 90.00' PUBLIC STREET AND UTILITY EASEMENT 15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15SF M F M FM F M 8 W B RESTRICTED LOT 5 4.59 acs. R E S T R I C T E D L O T 8 5. 4 4 a c s . R E S T R I C T E D L O T 2 12 . 9 7 a c s . R E S T R I C T E D L O T 1 2 2. 7 0 a c s .RESTRICTED LOT 45.80 acs.R E S T R I C T E D L O T 1 0 3. 8 8 a c s . RESTRICTED LOT 14 7.86 acs. R E S T R I C T E D L O T 1 5 1. 5 8 a c s . R E S T R I C T E D L O T 6 3. 6 8 a c s . R E S T R I C T E D L O T 7 4. 4 7 a c s . N89°16'08"E 171.74' C67 N5 3 ° 3 2 ' 2 7 " W 90 . 0 7 ' N5 3 ° 3 2 ' 2 7 " W 76 7 . 7 6 'S3 9 ° 3 3 ' 0 3 " E 6 2 . 0 5 ' N 5 3 ° 3 2 ' 2 7 " W 48 4 . 1 8 ' S5 4 ° 3 2 ' 2 7 " E 31 5 . 0 2 ' S89°20'02"W 137.02'C62 S62°3 9' 0 4 " W 81.61' N89°16'08"E 254.10' N89°23'55"W 131.28'S36°27'33"W 65.14'C66 N5 3 ° 3 2 ' 2 7 " W 48 0 . 9 4 ' N5 3 ° 3 2 ' 2 7 " W 44 9 . 7 6 'S36°27'33"W 237.95'N5 3 ° 3 2 ' 2 7 " W 97 . 0 0 ' N89°23'55"W 113.93' S62°3 9' 0 4 " W 140.4 9' C65 N 5 3 ° 3 2 ' 2 7 " W 39 7 . 1 7 'N0°36'05"E640.81'N0°36'05"E201.80'C64S36°27'33"W 221.42'S36°27'33"W 210.00'S36°27'33"W 238.41'N 5 3 ° 3 2 ' 2 7 " W 57 8 . 7 6 'C6 3 N5 4 ° 3 2 ' 2 7 " W 12 7 . 4 0 ' 32. 0 0 ' 10.00'S36°27'33"W215.50'S36°27'33"W 75.00'S36°27'33"W 209.00'S5 3 ° 3 2 ' 2 7 " E 76 7 . 7 6 'S36°27'33"W 209.00'N36°27'33"E475.26'N 5 3 ° 3 2 ' 2 7 " W 76 7 . 7 6 'S36°27'33"W 215.67'S0°36'05"W158.01'R E S T R I C T E D L O T 1 1 2. 7 7 a c s . N89°16'08"E 34.36'30.00'30.00'N36°27'33"ES0°36'05"W 998.08'F U T U R E B O O M E R A N G R D ( 6 0 ' R . O . W . ) F U T U R E T U R N R O W T R A I L ( 6 0 ' R . O . W . ) F U T U R E R O W D Y R D ( 6 0 ' R . O . W . )FUTURE TEMERITY LN (60' R.O.W.)FUTURE FERGUSON AVENUE (90' R.O.W.)F U T U R E T U R N R O W T R A I L ( 6 0 ' R . O . W . )FUTURE ROWDY RD (60' R.O.W.)FUTURE CANTLE WAY (60' R.O.W.)FUTURE DURANGO (60' R.O.W.) FUTURE BOOMERANG RD (60' R.O.W.)FUTURE ROWDY RD (60' R.O.W.)F U T U R E D U R A N G O L N ( 6 0 ' R . O . W . )FUTURE FERGUSON AVENUE (90' R.O.W.) F U T U R E G U N S M O K E A V E ( 6 0 ' R . O . W . ) LOTS - 15.22 acs. RESTRICTED LOTS - 83.53 acs. OPEN SPACE - 2.45 acs. PARK - 3.48 acs. RIGHT-OF-WAY - 10.00 acs. TOTAL - 114.68 acs. AREA SUMMARY SITUATED IN THE NE1/4 OF SECTION 27, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OF TURNROW SUBDIVISION PURPOSE TO CREATE 146 REMU LOTS 20 RESTRICTED LOTS 16 OPEN SPACE LOTS 2 PARK LOTS ZONING REMU OWNER VIRGA VENTURE II LLC PO BOX 1070 BOZEMAN, MT 59771-1070 KEY MAP engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 60 12030600 SCALE IN FEET PHA S E 1 GENERAL NOTES 1.SEE NOTE 1 ON SHEET 1 (COVER), REFERRING TO RESTRICTED LOTS 1-20. 2.SEE PARCEL CURVE DATA TABLE AND PARCEL LINE DATA TABLE ON SHEET 12. PHA S E 1 LEGEND SET A REBAR 5/8" DIA.., WITH AN ORANGE PLASTIC CAP, "MMI 16411LS". FOUND REBAR AS MARKED FOUND BRASS CAP FOUND US PUBLIC LAND SURVEY SECTION CORNER MONUMENT 22 23 2627 FOUND A.C. ON 5/8 INCH REBAR MARKED MERIDIAN LAND SURVEYING, INC. MEASURED DIMENSION(M) RECORDED DIMENSION PER MINOR SUBDIVISION No. ???(R) ALUMINUM CAPA.C. CERTIFIED CORNER RECORDATION FORMC.C.R.F. EXISTING DITCH (TRIBUTARY TO BUSTER GULCH)©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: Aug/01/2024 PLOTTED BY: cody farley DRAWING NAME: N:\6916\004 - Turnrow Preliminary Plat\ACAD\Survey\PrePlat\6916-004_PRE-PLAT_PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY:129Virga Venture II LLC GALLATIN 6916.009 SEE PLAN July 31, 2024 LRH CJF JCW 5E 1S 27NE MONTANA PRINCIPAL MERIDIAN, MONTANA EXISTING NATURAL GAS MAIN EASEMENT. BOOK 100, PG. 359 ZONE 1: 30' WATERCOURSE SETBACK ZONE 2: 50' WATERCOURSE SETBACK BOLLARD FIRE HYDRANT WATER VALVE SANITARY SEWER MH STORM DRAIN MH STORM DRAIN INLET DYHWV S D LIGHT POLE POWER POLE W WATER WELL LEGEND EDGE OF ASPHALT FLOWLINE OF CURB//////TOP BACK OF CURB SIDEWALK WATER MAIN W/ SIZE8W SEWER MAIN W/ SIZE8S 5' CONTOUR - MAJOR 1' CONTOUR - MINOR BUILDING SIGN EXISTING FEATURES 8S 8S S SANITARY SEWER MH SEWER MAIN W/ SIZE 8W 8W FIRE HYDRANT WATER MAIN W/ SIZEDYH PERMANENT STORM POND EDGE OF ASPHALT FLOWLINE OF CURB CULVERT SIDEWALK PROPOSED FEATURES TOP BACK OF CURB 4995 FORCE MAIN STORM DRAIN FM 15SD 15SD NG NATURAL GAS TEMPORARY STORM POND RUN-ON STORM CONVEYANCEDD STORM DRAIN MANHOLED E E E E E EASEMENT LEGEND PROPOSED 30' PUBLIC ACCESS & UTILITY EASEMENT PROPOSED 10' PUBLIC UTILITY EASEMENT PROPOSED 10' PEDESTRIAN ACCESS EASEMENT A B D C PROPOSED TEMPORARY ACCESS, WATER, AND STORM EASEMENT E PROPOSED 60' PUBLIC STREET AND UTILITY EASEMENT PROPOSED 56.0' NATURAL GAS EASEMENT EXISTING TRACT BOUNDARYALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS (EXCEPT THE RESTRICTED LOTS): - 10' ALONG PUBLIC RIGHTS-OF-WAY - ALLEY RIGHTS-OF-WAY ARE EXCLUDED - 10' ALONG SIDE LOT LINES PUBLIC UTILITY EASEMENTS (P.U.E.) 70 F N G N G N G MW MW TP TP TPXXXXXXXXXXXXXXXXXXXXXXN G N G N G N G N G N G N G N G N G N G N G N G N G N G N G N G N G NG N G N G N G N G N G N G NG N G N G N G46254620S0°36'05"W 2552.36'N89°29'32"E 2221.92' VALL E Y C E N T E R S U B DI VI SI O N BOZE M A N, M T 5 9 7 1 8 PARK KEN G & M A RI E E B E N N E R 450 S T U B B S L N BOZE M A N, M T 5 9 7 1 8 7 1 3 2 NATH A N S N A P R S T E K 478 S T U B B S L N BOZE M A N, M T 5 9 7 1 8 7 1 3 2 N G N G N G N G N G N G N G N G N G N G N G N G N G N G N G N G N G NG N G N G N G N G N G N G NG N G N G N G 90.00' PUBLIC STREET AND UTILITY EASEMENT 15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15SS S S S 8S 10S10S10S10S10S10S10S10S10S10S10SS SS SS SS SS SS SSSSSSSSSSSS10S10S8W8W8W8W8W 8W 8W 8W8W 8W 8W 8W8W 8W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 W 8 WDYH DYH DYH B B B B 8W 8W B DYH B 8W 8W 8W 8W 8W 8W 8W WS W S W S W S W S WS WS W S WS WS WS W S W S W S W S WS W S 15 S D D D D 15SD15SD15SDDDDDDDDDDDDDDDD D RESTRICTED LOT 18 5.24 acs. R E S T R I C T E D L O T 1 2 2. 7 0 a c s .RESTRICTED LOT 9S 5 3 ° 3 2 ' 2 7 " E S 5 3 ° 3 2 ' 2 7 " E S36°27'33"W S36°27'33"WN5 4 ° 3 2 ' 2 7 " W S 5 3 ° 3 2 ' 2 7 " E S0°36'05"WS36°27'33"WPARK 2 1.01 acs. LO T 1 39 0 0 s q . f t . L O T 1 39 0 0 s q . f t . L O T 2 34 5 0 s q . f t . LO T 3 39 4 9 s q . f t . LO T 2 34 5 0 s q . f t . L O T 3 39 0 0 s q . f t . L O T 1 31 1 9 s q . f t . LO T 4 4 30 7 8 s q . f t .LOT 342765 sq.ft.L O T 4 3 26 6 0 s q . f t .LOT 334002 sq.ft.L O T 4 2 26 6 0 s q . f t . L O T 4 1 26 6 0 s q . f t .LOT 353952 sq.ft.LOT 393669 sq.ft.LO T 4 0 31 0 2 s q . f t .49.00'29 . 8 4 ' 35 . 0 0 ' 29 . 8 4 ' C48 49.00'10.00' 10.00'29.50'35.00'35.00'35.00'40.50'20 . 0 0 '56.00'C4929 . 4 0 ' 35 . 0 0 ' 15.00' 10.00' 64 . 8 4 '79.00'35 . 0 0 '79.00'10.00'59 . 8 4 '76.00'49 . 4 0 '39.50'76 . 0 0 ' 86 . 0 0 '35.00'76 . 0 0 '35.00'76 . 0 0 '35.00'76 . 0 0 '40.50'76 . 0 0 ' 75 . 0 0 '52.00'75 . 0 0 '52.00'75 . 0 0 '46.00'46.00'75 . 0 0 '52.00'52.00'75 . 0 0 '52.00'75 . 0 0 '52.00'46.00'75 . 0 0 ' 75. 0 1 '53.31'52.00'365.41'81.18'83.65'S5 3 ° 3 2 ' 2 7 " ES36°27'33"W N36°27'33"ER E S T R I C T E D L O T 1 7 2. 0 0 a c s . RESTRICTED LOT 14 7.86 acs. R E S T R I C T E D L O T 1 5 1. 5 8 a c s . R E S T R I C T E D L O T 1 9 1. 1 8 a c s . R E S T R I C T E D L O T 1 6 1. 6 5 a c s . RESTRICTED LOT 20 0.82 acs. N5 3 ° 3 2 ' 2 7 " W46.00'S5 4 ° 3 2 ' 2 7 " E 31 5 . 0 2 ' S5 4 ° 3 2 ' 2 7 " E 38 8 . 4 3 ' S5 4 ° 3 2 ' 2 7 " E 19 0 . 4 2 ' S89°20'02"W 137.02'C62 S62°3 9' 0 4 " W 81.61' N 5 3 ° 3 2 ' 2 7 " W 44 9 . 7 6 ' C31 S36°27'33"W237.95'N5 3 ° 3 2 ' 2 7 " W 97 . 0 0 ' 75 . 0 1 ' S62°3 9' 0 4 " W N5 3 ° 3 2 ' 2 7 " W 39 7 . 1 7 'N36°27'33"ES36°27'33"W 221.42'S36°27'33"W 210.00'N5 3 ° 3 2 ' 2 7 " W 57 8 . 7 6 'N36°27'33"EC6 3 N5 4 ° 3 2 ' 2 7 " W 12 7 . 4 0 ' 32 . 0 0 ' 10.00'S36°27'33"W 183.24'S 5 3 ° 3 2 ' 2 7 " E 31 4 . 9 7 ' S5 3 ° 3 2 ' 2 7 " E 35 4 . 2 1 ' C59 N35°27'33"E189.69'N36°27'33"E130.00'N36°27'33"E260.00'N36°27'33"E221.00'N0°30'28"W 32.00'82.34'C10S36°27'33"W 215.50'S36°27'33"W75.00'C61S25°13 '44"E73.80 'C6 0 S5 3 ° 3 2 ' 2 7 " E 10 0 . 0 0 ' S5 4 ° 3 2 ' 2 7 " E 19 0 . 4 2 'N36°27'33"E232.48'N35°27'33"E189.69'S5 3 ° 3 2 ' 2 7 " E 48 1 . 6 1 ' S5 3 ° 3 2 ' 2 7 " E 30 8 . 8 9 'N36°27'33"E221.00'R E S T R I C T E D L O T 1 3 2. 8 7 a c s . R E S T R I C T E D L O T 1 1 2. 7 7 a c s . N89°29'32"E 10.40'58.64'C12N36°27'33"E30.00'30.00'N36°27'33"E30.00'30.00'N36°27'33"EN89°29'32"E 332.20'N89°29'32"E 216.18'N89°29'32"E 386.60'N89°29'32"E 230.14'S0°36'05"W 984.70'30.00'30.00'F U T U R E T U R N R O W T R A I L ( 6 0 ' R . O . W . ) F U T U R E R O W D Y R D ( 6 0 ' R . O . W . )FUTURE TEMERITY LN (60' R.O.W.)FUTURE FERGUSON AVENUE (90' R.O.W.) F U T U R E T U R N R O W T R A I L ( 6 0 ' R . O . W . )FUTURE CANTLE WAY (60' R.O. W.) F U T U R E M U L E Y W A Y ( 6 0 ' R . O . W . ) FUTURE DURANGO (60' R.O.W.) F U T U R E D U R A N G O L N ( 6 0 ' R . O . W . )QUICKSILVER RD (60'R.O.W.)FUTURE FERGUSON AVENUE (90' R.O.W.)F U T U R E C A N T L E W A Y ( 6 0 ' R . O . W . ) LOTS - 15.22 acs. RESTRICTED LOTS - 83.53 acs. OPEN SPACE - 2.45 acs. PARK - 3.48 acs. RIGHT-OF-WAY - 10.00 acs. TOTAL - 114.68 acs. AREA SUMMARYSITUATED IN THE NE1/4 OF SECTION 27, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OF TURNROW SUBDIVISION PURPOSE TO CREATE 146 REMU LOTS 20 RESTRICTED LOTS 16 OPEN SPACE LOTS 2 PARK LOTS ZONING REMU OWNER VIRGA VENTURE II LLC PO BOX 1070 BOZEMAN, MT 59771-1070 KEY MAP engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 60 12030600 SCALE IN FEET PHA S E 1 PHA S E 1 LEGEND SET A REBAR 5/8" DIA.., WITH AN ORANGE PLASTIC CAP, "MMI 16411LS". FOUND REBAR AS MARKED FOUND BRASS CAP FOUND US PUBLIC LAND SURVEY SECTION CORNER MONUMENT 22 23 2627 FOUND A.C. ON 5/8 INCH REBAR MARKED MERIDIAN LAND SURVEYING, INC. MEASURED DIMENSION(M) RECORDED DIMENSION PER MINOR SUBDIVISION No. ???(R) ALUMINUM CAPA.C. CERTIFIED CORNER RECORDATION FORMC.C.R.F.QUICKSILVER RD (60' R.O.W.)GENERAL NOTES 1.SEE NOTE 1 ON SHEET 1 (COVER), REFERRING TO RESTRICTED LOTS 1-20. 2.SEE PARCEL CURVE DATA TABLE AND PARCEL LINE DATA TABLE ON SHEET 12. ©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: Aug/01/2024 PLOTTED BY: cody farley DRAWING NAME: N:\6916\004 - Turnrow Preliminary Plat\ACAD\Survey\PrePlat\6916-004_PRE-PLAT_PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY:1210Virga Venture II LLC GALLATIN 6916.009 SEE PLAN July 31, 2024 LRH CJF JCW 5E 1S 27NE MONTANA PRINCIPAL MERIDIAN, MONTANA PROPOSED 56.0' NATURAL GAS EASEMENT EXISTING NATURAL GAS MAIN EASEMENT. BOOK 100, PG. 359 UNNAMED TRIBUTARY TO BUSTER GULCH ZONE 1: 30' WATERCOURSE SETBACK ZONE 2: 50' WATERCOURSE SETBACK BOLLARD FIRE HYDRANT WATER VALVE SANITARY SEWER MH STORM DRAIN MH STORM DRAIN INLET DYHWV S D LIGHT POLE POWER POLE W WATER WELL LEGEND EDGE OF ASPHALT FLOWLINE OF CURB//////TOP BACK OF CURB SIDEWALK WATER MAIN W/ SIZE8W SEWER MAIN W/ SIZE8S 5' CONTOUR - MAJOR 1' CONTOUR - MINOR BUILDING SIGN EXISTING FEATURES 8S 8S S SANITARY SEWER MH SEWER MAIN W/ SIZE 8W 8W FIRE HYDRANT WATER MAIN W/ SIZEDYH PERMANENT STORM POND EDGE OF ASPHALT FLOWLINE OF CURB CULVERT SIDEWALK PROPOSED FEATURES TOP BACK OF CURB 4995 FORCE MAIN STORM DRAIN FM 15SD 15SD NG NATURAL GAS TEMPORARY STORM POND RUN-ON STORM CONVEYANCEDD STORM DRAIN MANHOLED PHASE 1 BOUNDARY LEGEND SUB-PHASE 1.1 BOUNDARY SUB-PHASE 1.2 BOUNDARY SUB-PHASE 1.3 BOUNDARY SUB-PHASE 1.4 BOUNDARY D D D B E E E E E PROPOSED TEMPORARY STORM POND FOR PHASE 1.4 PROPOSED TEMPORARY STORM POND FOR PHASE 1.4 PROPOSED TEMPORARY STORM POND FOR PHASE 1.1 EASEMENT LEGEND PROPOSED 30' PUBLIC ACCESS & UTILITY EASEMENT PROPOSED 10' PUBLIC UTILITY EASEMENT PROPOSED 10' PEDESTRIAN ACCESS EASEMENT A B D C PROPOSED TEMPORARY ACCESS, WATER, AND STORM EASEMENT E PROPOSED 60' PUBLIC STREET AND UTILITY EASEMENT EXISTING TRACT BOUNDARYE ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS (EXCEPT THE RESTRICTED LOTS): - 10' ALONG PUBLIC RIGHTS-OF-WAY - ALLEY RIGHTS-OF-WAY ARE EXCLUDED - 10' ALONG SIDE LOT LINES PUBLIC UTILITY EASEMENTS (P.U.E.) PROPOSED TEMPORARY STORM POND FOR PHASE 1.4 D 71 F TVT T B F BF BF B F BF BF B F BF BF B F B F BF BF BF B F B F BF BF BF B F B F BF BF B F BF B F BF B F B F B F BF B F B F B F BF BF BF BF B F BF B F B F BT V BT V BT V BT V B T V BT V BT V B T V BT V BT V BT V BT V B T V B T V B T V BT V BT V BT V BT V X X X X X T X X X X X X X X X X X X X X X O H P O H P O H P O H P O H P O H P O H P O H P O H P O H P BT BT B T BT BT B T B T B T BT B T B T BT BT B T BT 15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15S15SS S S 8S 8S 8S 8S 8 S 8 S 8 S 8S8S8S8S8SS S S S S S S 8S8S8S 8 S 8S 8S 8S8S8S8S8S8S8S8S8S 8S 8S 8S8S8SS S S S S S SS SS 10S 10S 10SS SSSSF M F M F M F M F M F M F M FMF M F M F M F M F M FMF M 8SS S S SSSSSSSS SS SS S S S S S S S S SSSS SS SS 8W8W 8W 8W 8W8W 8W 8W 8W 8W 8W 8W8W 8 W 8 W 8 W 8 W 8 W 12 W 12 W 8 W 8W8W8W8W8W 8W DYH DYH DYH YHB B B 12 W 12 W 12 W 12 W 12 W 1 2W 12W 12W12W12W12W12WWS WS WS W S FIR E FI R E W S WS WS8W 8W 8W DYH8W8W8W8W8W8W8W8W 8 W 8 W 8 W 8 W 8W8W8WDYH WS W S W S W S WSWSWSWS W S W S W S 12 S D 12 S D 12S D 15 S D 12SDD D D D D D D D 12SD15 S D 12 S D 15SD15SD15SD15SD15S D 15SD 15SD 24SD24SD24SD24SD24SD24SD24SD24SD24SD24SDD D 12 S D 12 S D D 15SD15SD15SD15SD15SD15SD15SD15SD D D D DDDDDDDDDDDDDDD D D D D D 4620 4615 4615 N 5 3 ° 3 2 ' 2 7 " W 1 3 5 0 . 1 1 ' N39°33'03"W 62.05' L O T 8 28 7 0 s q . f t . LOT 16 1917 sq.ft. LO T 4 23 1 0 s q . f t . LO T 2 17 7 0 s q . f t . LO T 1 21 3 6 s q . f t . LOT 17 L O T 5 26 5 4 s q . f t . L O T 6 20 9 5 s q . f t . LOT 6 0.99 acs. R E S T R I C T E D L O T 3 7. 4 4 a c s . R E S T R I C T E D L O T 8 5. 4 4 a c s .RESTRICTED LOT 91.27 acs.LOT 15 1919 sq.ft. LOT 3 0.64 acs.72.07'C8C 9 N36°27'33"E203.46'30.00'LOT 111885 sq.ft.LOT 121885 sq.ft.PARK 1 2.47 acs.LOT 101885 sq.ft.O.S. 6 LOT 133056 sq.ft.LOT 93009 sq.ft.LO T 7 20 9 4 s q . f t . LO T 3 17 7 0 s q . f t . LOT 14 3194 sq.ft. R E S T R I C T E D L O T 6 3. 6 8 a c s . N 5 3 ° 3 2 ' 2 7 " W 37 . 6 9 ' 133. 73' C44 72.21'N5 3 ° 3 2 ' 2 7 " W 10 7 . 0 0 'S36°27'33"W 335.26'S8°32'27"E 14.14' N5 3 ° 3 2 ' 2 7 " W 76 7 . 7 6 'S36°27'33"W100.00'S5 3 ° 3 2 ' 2 7 " E 68 1 . 0 2 ' N5 3 ° 3 2 ' 2 7 " W 48 4 . 1 8 ' S5 4 ° 3 2 ' 2 7 " E S 5 3 ° 3 2 ' 2 7 " E 99 . 8 4 'S36°27'33"W 65.14'N 5 3 ° 3 2 ' 2 7 " W 44 9 . 7 6 'S36°27'33"W 101.64'C32S50° 4 3' 0 5" W 102. 2 1' C31 S36°27'33"W 237.95'N 5 3 ° 3 2 ' 2 7 " W 97. 0 0 'S36°27'33"W210.00'S36°27'33"W 238.41'N5 3 ° 3 2 ' 2 7 " W 57 8 . 7 6 'N36°27'33"E32 . 0 0 ' 10.00'S36°27'33"W183.24'C22 S 5 3 ° 3 2 ' 2 7 " E 99 . 8 4 'S36°27'33"W 209.00'N36°27'33"E475.26'S56° 2 0' 4 8 " W 119.4 8' LOT 1 1.14 acs. LOT 7 1.11 acs. S5 6 ° 5 7 ' 0 8 " E 22 2 . 8 2 'N36°27'33"E187.90'N5 3 ° 3 2 ' 2 7 " W 1 8 0 . 6 7 'N36°27'33"ES5 3 ° 3 2 ' 2 7 " E 21 2 . 4 3 'N36°27'33"E147.36'C 6 N36°27'33"E70.00'R E S T R I C T E D L O T 1 3 2. 8 7 a c s . R E S T R I C T E D L O T 1 1 2. 7 7 a c s . N81°27'33"E 14.14' F U T U R E B O O M E R A N G R D ( 6 0 ' R . O . W . ) F U T U R E T U R N R O W T R A I L ( 6 0 ' R . O . W . )FUTURE TEMERITY LN (60' R.O.W.)FUTURE FERGUSON AVENUE (90' R.O.W.) F U T U R E T U R N R O W T R A I L ( 6 0 ' R . O . W . ) T U R N R O W T R A I L ( 6 0 ' R. O . W . ) G U N S M O K E A V E ( 6 0 ' R . O . W . )QUICKSILVER RD (60' R.O.W.)QUICKSILVER RD (60'R.O.W.)FUTURE FERGUSON AVENUE (90' R.O.W.) F U T U R E G U N S M O K E A V E ( 6 0 ' R . O . W . ) ALL E Y 6.1 (20' R O W) LOTS - 15.27 acs. RESTRICTED LOTS - 83.53 acs. OPEN SPACE - 2.40 acs. PARK - 3.48 acs. RIGHT-OF-WAY - 10.00 acs. TOTAL - 114.68 acs. AREA SUMMARY SITUATED IN THE NE1/4 OF SECTION 27, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OF TURNROW SUBDIVISION PURPOSE TO CREATE 146 REMU LOTS 20 RESTRICTED LOTS 16 OPEN SPACE LOTS 2 PARK LOTS ZONING REMU OWNER VIRGA VENTURE II LLC PO BOX 1070 BOZEMAN, MT 59771-1070 engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 60 12030600 SCALE IN FEET KEY MAP PHAS E 1 PHAS E 1 LEGEND SET A REBAR 5/8" DIA.., WITH AN ORANGE PLASTIC CAP, "MMI 16411LS". FOUND REBAR AS MARKED FOUND BRASS CAP FOUND US PUBLIC LAND SURVEY SECTION CORNER MONUMENT 22 23 2627 FOUND A.C. ON 5/8 INCH REBAR MARKED MERIDIAN LAND SURVEYING, INC. MEASURED DIMENSION(M) RECORDED DIMENSION PER MINOR SUBDIVISION No. ???(R) ALUMINUM CAPA.C. CERTIFIED CORNER RECORDATION FORMC.C.R.F. ALL LOTS ARE SUBJECT TO THE FOLLOWING UTILITY EASEMENTS (EXCEPT THE RESTRICTED LOTS): - 10' ALONG PUBLIC RIGHTS-OF-WAY - 10' ALONG SIDE LOT LINES PUBLIC UTILITY EASEMENTS (P.U.E.) GENERAL NOTES 1.SEE NOTE 1 ON SHEET 1 (COVER), REFERRING TO RESTRICTED LOTS 1-20. 2.SEE PARCEL CURVE DATA TABLE AND PARCEL LINE DATA TABLE ON SHEET 12. PROPOSED 30' PUBLIC ACCESS AND UTILITY EASEMENT EXISTING 25' PUBLIC TRAIL EASEMENT (DOC. #2791403) PHAS E 1 E A S T V A L L E Y C E N T E R R D . ( 1 0 0 ' R . O . W . ) ©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: May/09/2024 PLOTTED BY: cody farley DRAWING NAME: N:\6916\004 - Turnrow Preliminary Plat\ACAD\Survey\PrePlat\6916-002_PRE-PLAT_PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY:1211Virga Venture II LLC GALLATIN 6916.009 SEE PLAN May 8, 2024 LRH CJF JCW 5E 1S 27NE MONTANA PRINCIPAL MERIDIAN, MONTANA PHASE 1 BOUNDARY LEGEND SUB-PHASE 1.1 BOUNDARY SUB-PHASE 1.2 BOUNDARY SUB-PHASE 1.3 BOUNDARY SUB-PHASE 1.4 BOUNDARY D D C C D E E E PROPOSED TEMPORARY STORM POND FOR PHASE 1.1 PROPOSED TEMPORARY STORM POND FOR PHASE 1.1 EASEMENT LEGEND PROPOSED 30' PUBLIC ACCESS & UTILITY EASEMENT PROPOSED 10' PUBLIC UTILITY EASEMENT PROPOSED 10' PEDESTRIAN ACCESS EASEMENT A B D C PROPOSED TEMPORARY ACCESS, WATER, AND STORM EASEMENT E PROPOSED 60' PUBLIC STREET AND UTILITY EASEMENT EXISTING TRACT BOUNDARYPROPOSED PRV PROPOSED UNDERGROUND STORM WATER STORAGE SYSTEM FUTURE FORCE MAIN BOLLARD FIRE HYDRANT WATER VALVE SANITARY SEWER MH STORM DRAIN MH STORM DRAIN INLET DYHWV S D LIGHT POLE POWER POLE W WATER WELL LEGEND EDGE OF ASPHALT FLOWLINE OF CURB//////TOP BACK OF CURB SIDEWALK WATER MAIN W/ SIZE8W SEWER MAIN W/ SIZE8S 5' CONTOUR - MAJOR 1' CONTOUR - MINOR BUILDING SIGN EXISTING FEATURES 8S 8S S SANITARY SEWER MH SEWER MAIN W/ SIZE 8W 8W FIRE HYDRANT WATER MAIN W/ SIZEDYH PERMANENT STORM POND EDGE OF ASPHALT FLOWLINE OF CURB CULVERT SIDEWALK PROPOSED FEATURES TOP BACK OF CURB 4995 FORCE MAIN STORM DRAIN FM 15SD 15SD NG NATURAL GAS TEMPORARY STORM POND RUN-ON STORM CONVEYANCEDD STORM DRAIN MANHOLED PHASE 1 BOUNDARY (TYP.) 011 72 SITUATED IN THE NE1/4 OF SECTION 27, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. PRELIMINARY PLAT OF TURNROW SUBDIVISION PURPOSE TO CREATE 146 REMU LOTS 20 RESTRICTED LOTS 16 OPEN SPACE LOTS 2 PARK LOTS ZONING REMU OWNER VIRGA VENTURE II LLC PO BOX 1070 BOZEMAN, MT 59771-1070 PARCEL CURVE DATA SEGMENT C1 C2 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C31 C32 C34 C35 C36 C37 C38 C39 LENGTH 13.30' 18.68' 13.41' 9.84' 33.99' 41.84' 160.42' 227.19' 90.06' 112.65' 302.39' 75.10' 18.39' 13.08' 31.42' 31.42' 1.80' 18.90' 31.63' 13.82' 31.92' 35.89' 28.38' 30.95' 53.32' 73.18' 21.56' 25.64' 31.40' 37.33' 37.33' 11.78' 24.10' 39.27' 39.27' 39.27' 39.27' RADIUS 29.00' 40.00' 61.00' 61.00' 113.50' 380.00' 523.09' 380.00' 380.00' 180.00' 320.00' 120.00' 120.00' 120.00' 20.00' 20.00' 50.00' 20.00' 50.00' 50.00' 120.00' 160.00' 180.00' 180.00' 180.00' 120.00' 180.00' 180.00' 140.00' 150.00' 150.00' 160.00' 160.00' 25.00' 25.00' 25.00' 25.00' DELTA 026° 16' 08.8" 026° 45' 05.4" 012° 35' 40.9" 009° 14' 36.5" 017° 09' 26.1" 006° 18' 30.1" 017° 34' 15.8" 034° 15' 17.8" 013° 34' 45.0" 035° 51' 27.1" 054° 08' 32.9" 035° 51' 27.1" 008° 46' 44.3" 006° 14' 34.5" 090° 00' 00.0" 090° 00' 00.0" 002° 03' 37.1" 054° 08' 32.9" 036° 14' 56.0" 015° 49' 59.8" 015° 14' 28.0" 012° 51' 04.5" 009° 02' 03.4" 009° 51' 07.5" 016° 58' 16.3" 034° 56' 31.1" 006° 51' 42.3" 008° 09' 36.5" 012° 51' 04.5" 014° 15' 32.1" 014° 15' 32.1" 004° 13' 10.7" 008° 37' 53.7" 090° 00' 00.0" 090° 00' 00.0" 090° 00' 00.0" 090° 00' 00.0" CH. BRG. S40° 24' 23.02"E S14° 28' 45.57"E S07° 24' 03.30"E S18° 19' 11.97"E S34° 08' 21.80"E N50° 23' 12.36"W S09° 15' 59.87"E N16° 31' 33.41"W N40° 26' 34.79"W N18° 31' 49.03"E S26° 28' 10.97"E N18° 31' 49.03"E N47° 05' 29.27"E N39° 34' 49.84"E N08° 32' 27.42"W S81° 27' 32.58"W S52° 30' 38.87"E N26° 28' 10.97"W S33° 21' 22.31"E N07° 18' 54.40"W N81° 46' 40.51"W S42° 53' 04.81"W S84° 52' 52.83"E S75° 26' 17.40"E S62° 01' 35.55"E S71° 00' 42.96"E S48° 03' 00.28"W S40° 32' 20.85"W S42° 53' 04.81"W S43° 35' 18.62"W S43° 35' 18.61"W S47° 12' 01.67"W S40° 46' 29.44"W S44° 23' 54.53"E N45° 36' 05.47"E S45° 36' 05.47"W N44° 23' 54.53"W CH. DIST. 13.18' 18.51' 13.38' 9.83' 33.86' 41.82' 159.79' 223.82' 89.85' 110.82' 291.26' 73.88' 18.37' 13.07' 28.28' 28.28' 1.80' 18.20' 31.11' 13.77' 31.83' 35.81' 28.35' 30.91' 53.12' 72.05' 21.54' 25.61' 31.34' 37.23' 37.23' 11.78' 24.08' 35.36' 35.36' 35.36' 35.36' PARCEL CURVE DATA SEGMENT C40 C41 C42 C43 C44 C45 C46 C47 C48 C49 C50 C51 C52 C53 C54 C55 C56 C57 C58 C59 C60 C61 C62 C63 C64 C65 C66 C67 C69 C72 C73 C74 C75 LENGTH 31.42' 31.46' 31.46' 31.37' 31.40' 1.92' 43.18' 47.19' 31.42' 31.42' 31.42' 31.42' 22.72' 57.84' 30.17' 39.27' 39.27' 39.27' 39.27' 59.51' 74.12' 161.50' 69.86' 134.84' 105.77' 139.21' 93.87' 129.82' 31.46' 1.92' 424.99' 194.20' 375.42' RADIUS 20.00' 20.03' 20.03' 19.97' 140.00' 120.00' 120.00' 180.00' 20.00' 20.00' 20.00' 20.00' 180.00' 180.00' 180.00' 25.00' 25.00' 25.00' 25.00' 37.47' 150.00' 150.00' 150.00' 250.00' 250.00' 125.00' 150.00' 200.00' 120.00' 180.00' 1834.86' 1834.86' 1849.86' DELTA 090° 00' 00.0" 090° 00' 00.0" 090° 00' 00.0" 090° 00' 00.0" 012° 51' 04.5" 000° 54' 56.0" 020° 36' 59.1" 015° 01' 18.9" 090° 00' 00.0" 090° 00' 00.0" 090° 00' 00.0" 090° 00' 00.0" 007° 14' 00.3" 018° 24' 37.6" 009° 36' 11.9" 090° 00' 00.0" 090° 00' 00.0" 090° 00' 00.0" 090° 00' 00.0" 091° 00' 00.0" 028° 18' 43.1" 061° 41' 16.9" 026° 40' 57.8" 030° 54' 08.6" 024° 14' 24.3" 063° 48' 28.1" 035° 51' 27.1" 037° 11' 24.8" 015° 01' 18.9" 000° 36' 37.3" 013° 16' 14.5" 006° 03' 50.6" 011° 37' 40.0" CH. BRG. N44° 23' 54.53"W S45° 40' 35.81"W N44° 19' 23.48"W S45° 40' 35.46"W S42° 53' 04.81"W N88° 56' 26.51"W S63° 50' 56.95"E N43° 58' 12.01"E S81° 27' 32.58"W S08° 32' 27.42"E N81° 27' 32.58"E N08° 32' 27.42"W S57° 09' 27.58"E S69° 58' 46.56"E S83° 59' 11.30"E S44° 23' 54.53"E S45° 36' 05.47"W N44° 23' 54.53"W N45° 36' 05.47"E N80° 57' 32.58"E S39° 23' 05.88"E S05° 36' 54.12"W S75° 59' 33.41"W N39° 05' 23.13"W N11° 31' 06.68"W N85° 26' 41.47"W N71° 28' 10.97"W N72° 08' 09.83"W N43° 58' 12.01"E S89° 05' 35.88"E N81° 54' 56.32"W N72° 14' 53.77"W S61° 36' 08.48"E CH. DIST. 28.28' 28.32' 28.32' 28.25' 31.34' 1.92' 42.95' 47.06' 28.28' 28.28' 28.28' 28.28' 22.71' 57.59' 30.13' 35.36' 35.36' 35.36' 35.36' 53.45' 73.37' 153.81' 69.23' 133.21' 104.98' 132.12' 92.35' 127.55' 31.37' 1.92' 424.04' 194.11' 374.77' PARCEL LINE DATA SEGMENT L24 L25 L26 L27 L34 L35 LENGTH 95.89' 120.68' 154.16' 99.49' 48.92' 38.72' DIRECTION S0° 36' 43"W S33° 51' 43"E S0° 36' 43"W S0° 36' 43"W S35° 11' 46"E S43° 36' 59"E engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net CONDITIONS OF APPROVAL Conditions: Buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat and buyers of property are strongly encouraged to contact the local planning department and become informed of any limitations on the use of the property prior to closing. The undersigned property owner acknowledges that there are federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval that may limit the use of the property, including the location, size, and use. 1.All street rights-of-way contiguous to or within the proposed development site not used for street pavement, curbs, gutters, sidewalks or driveways (i.e., street boulevards) shall be landscaped, as defined in the Bozeman Municipal Code, and shall include one (1) large canopy tree for each 50 feet of total street frontage rounded to the nearest whole number. For street trees, a City of Bozeman planting permit for street trees and obtaining utility locations before any excavation begins in the City of Bozeman right-of-way. The subdivision landscape plans shall contain a planting note stating that the planting hole shall be at least twice the diameter of the root ball, that the root flare of the newly planted tree is visible and above ground, and there shall be a mulch ring 3'- 4' in diameter around each newly planted boulevard tree. 2.City standard sidewalks (including a concrete sidewalk section through all private drive approaches) shall be constructed on all public and private street frontages prior to occupancy of any structure on individual lots. Upon the 1 year anniversary (second with concurrent construction) of the plat recordation of any phase of the subdivision, any lot owner who has not constructed the required sidewalk shall, without further notice, construct within 30 days, the sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. 3.The property is also subject to master site plan approval City of Bozeman application _________approved on _______. 4.Ownership of all common open space areas and responsibility of maintenance thereof and for city assessments levied on the common open space lands shall be that of the property owners' association. Maintenance responsibility must include, in addition to the common open space all vegetative ground cover, snow removal, boulevard trees and irrigation systems in the public right-of-way boulevard strips along all external perimeter development streets and as adjacent to public parks or other common open space areas. All areas within the subdivision that are designated herein as common open space, including pathways, are for the use and enjoyment by the residents of the development and the general public. The property owners' association is responsible for levying annual assessments to provide for the maintenance, repair, and upkeep of all common open space areas and trails. At the same time of recording the final plat the subdivider shall transfer ownership of all common open space areas to the property owners' association created by the subdivider to maintain all common open space areas within the Subdivision. 5.The property owners' association is responsible for maintenance of the alleys. 6.The property owners' association is responsible for maintenance of any lighting located outside of public street rights-of-ways. 7.The property owners' association is responsible for maintenance of all stormwater infrastructure located outside public street rights-of-way. 8.Cash-in-lieu of water rights will be paid at final plat. 9.The Parks and Recreation Department does not assume maintenance responsibility until park improvements have been installed and fully accepted on behalf of the City. Certificate of Transfer of Ownership and Completion of Non-Public Improvements; and Conditions of Approval : The following are hereby granted and donated to the property owners association noted below for their use and enjoyment: Common Open Space parcels designated Storm Water Tract. Unless specifically listed in the Certificate of Dedication, the city accepts no responsibility for maintaining the same Turnrow Subdivision hereby further certify that the following non-public improvements, required to meet the requirements of chapter 38 of the Bozeman Municipal Code, or as a condition(s) of approval of the subdivision plotted herewith, have been installed in conformance with any approved plans and specifications prepared in accordance with the standards of Chapter 38 or other City design standards, or have been financially guaranteed and are covered by the subdivision improvements agreement accompanying and recorded with this plat. Installed Improvements: NONE Financially Guaranteed Improvements: NONE The subdivider hereby grants ownership of all non-public infrastructure improvements to the property owners association created by document number _____________________________________. We further certify that the text and/or graphics shown on the Conditions of Approval sheet represents requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied; and that the information shown is current as of the date of the certification, and that changes to any land use restrictions or encumbrances may be made by amendment to covenants, zoning regulations, easements, or other documents as allowed by law or local regulations. Turnrow Subdivision By: ________________________________________________________________________________ ___________________________, Authorized Representative Dated State of ____________________________________ County of ___________________________________ On this ________________ day of ___________________________, 2023, before me, the undersigned Notary Public for the State of _____________________ personally appeared _______________________, known to me to be the Authorized Representative of Turnrow Subdivision and acknowledged to me that said Inc. executed the same. Notary Public in and for the State of ___________________ Printed Name _____________________________________ Residing at _______________________________________ My commission expires _____________________________ CERTIFICATE OF COMPLETION OF WATER-RELATED IMPROVEMENTS I, _____________________, hereby certify that the following improvements, necessary to meet the requirements of chapter 38 of the Bozeman Municipal Code or as a condition(s) of approval of The Final Plat of Turnrow Subdivision, have been installed in conformance with the approved plans and specifications, or financially guaranteed and covered by the improvements agreement accompanying this plat. Installed Improvements: _______ Financially Guaranteed Improvements: ________ The subdivider hereby warrants said improvements against any and all defects for a period of two years from the date of acceptance by the City of Bozeman. The subdivider hereby grants ownership of all public infrastructure improvements to the City of Bozeman and the city hereby accepts ownership of all public infrastructure improvements, subject to the above indicated warranty. _________________ ____________________________ ___________Authorized Representative Dated Turnrow Subdivision _________________ ____________________________ Dated Director of Transportation and Engineering Department City of Bozeman, Montana ©COPYRIGHT MORRISON-MAIERLE, INC.,2024 PLOTTED DATE: May/09/2024 PLOTTED BY: cody farley DRAWING NAME: N:\6916\004 - Turnrow Preliminary Plat\ACAD\Survey\PrePlat\6916-002_PRE-PLAT_PLOT.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF COUNTY,DATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY:1212Virga Venture II LLC GALLATIN 6916.009 SEE PLAN May 8, 2024 LRH CJF JCW 5E 1S 27NE MONTANA PRINCIPAL MERIDIAN, MONTANA Record Documents: Document No. Book 145, Page 293 - State Highway Right-of-Way Bargain and Sale Deed Document No. 284689 - Book 143, Page 643 - State Highway Right-of-Way Bargain and Sale Deed Document No. 284688 - Book 143, Page 640 - State Highway Right-of-Way Bargain and Sale Deed Document No. 2736653 - Warranty Deed for ownership parcel 1 and parcel 2 Document No. 2736654 - Warranty Deed for ownership parcel Document No. 2750999 - City of Bozeman 20' wide Public Street and Utility Easement for Davis Lane Document No. 2791402 - City of Bozeman 20' wide Public Street and Utility Easement for Davis Lane Document No. 2791403 - City of Bozeman 25' wide Public Access Easement for multi-use path Document No. Book 100, Page 359 - Natural Gas Main Easement 012 73 Memorandum REPORT TO:City Commission FROM:Nick Pericich, Water Sewer Superintendent Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Notice of Award and Purchase Agreement for a Dump Truck Replacement in the Utilities Department MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Authorize the City Manager to sign these documents. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:This is a notice of award and purchase agreement to purchase a dump truck replacement in the Utilities Department. The dump truck was part of an approved capital budget and the successful bidder is Floyd's Truck Center in Belgrade. This dump truck is within the budgeted amount. UNRESOLVED ISSUES:none ALTERNATIVES:As determined by the commission. FISCAL EFFECTS:no addition fiscal impact Attachments: Notice_of_Award_Dump_Truck 2025.docx Purchase_Agreement_New_2025_Dump_Truck.docx Bid Form Completed Kois.pdf Report compiled on: October 29, 2024 74 NOTICE OF AWARD Dated: November 19th, 2024 TO: Floyd’s Truck Center ADDRESS: 3110 Alaska Frontage Rd. Belgrade MT 59714 CONTRACT FOR: One New Dump Truck (Current Model Year 2025 or newer) You are notified that your Bid opened on October 18th, 2024 at 2 p.m. for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the: One New Dump Truck (Current Model Year 2025 or newer). The Contract Price of your Contract is: One hundred fifty six thousand six hundred and four dollars ($156,604) . CITY OF BOZEMAN, MONTANA BY: __________________________________ (CITY MANAGER) BY: ___________________________________ (CITY CLERK) DATE: _______________________________ 75 Agreement for Purchase of One (1) New Dump Truck (Current Model Year 2025 or newer) FY 2025 Page 1 of 9 PURCHASE AGREEMENT THIS AGREEMENT is made and entered into this 19th day of November, 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, Floyd’s Truck Center, with an Address of 310 Alaska Frontage Road in Belgrade MT 59714, 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 the City’s Bid Specifications, as modified by the parts of Seller’s response accepted by City, 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. The property being purchased (“Property”) consists of: One (1) New Dump Truck (Current Model Year 2025 or newer) 2.Specifications: The Seller agrees that all material and workmanship in and upon this Property complies with the Bid Form as accepted by the City. Unless otherwise agreed to by the City, the items listed in the Bid Form as accepted by the City, govern in the event of inconsistencies with the Seller’s response to the same. 3.Price: The City agrees to pay One Hundred Fifty Six Thousand Six Hundred and Four Dollars ($156,604.00)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: Seller assumes full responsibility for all transportation, 76 Agreement for Purchase of One (1) New Dump Truck (Current Model Year 2025 or newer) FY 2025 Page 2 of 9 transportation scheduling, packing, handling, insurance, and other served associated with delivery of the Property. Seller agrees to deliver the above-described Property to the City by August 29th 2025. Delivery will occur at the City of Bozeman’s Vehicle Maintenance. Shop (1812 North Rouse Ave., Bozeman, MT 59715), or at a place otherwise selected by City. If delivery of the Property and/or performance of services required under this Purchase Agreement cannot be made 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 or good or services previously provided and accepted. The City’s receipt or acceptance of any part of a nonconforming 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 Bid Specifications as modified by Seller’s responses accepted by City. If the Property meets the modified Bid Specifications, City shall tender the purchase price stated above to Seller through the City’s normal claim process. Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from the date of receipt of invoice or acceptance 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. Invoices must be mailed to: Nick Pericich, Water/Super Superintendent, PO Box 1230, Bozeman, MT 59771-1230. 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. 77 Agreement for Purchase of One (1) New Dump Truck (Current Model Year 2025 or newer) FY 2025 Page 3 of 9 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 ACCORDING TO THE ATTACHED WARRANTY (ATTACHMENT A) AND SHALL ALSO 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 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, 78 Agreement for Purchase of One (1) New Dump Truck (Current Model Year 2025 or newer) FY 2025 Page 4 of 9 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. 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 79 Agreement for Purchase of One (1) New Dump Truck (Current Model Year 2025 or newer) FY 2025 Page 5 of 9 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. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 80 Agreement for Purchase of One (1) New Dump Truck (Current Model Year 2025 or newer) FY 2025 Page 6 of 9 81 Agreement for Purchase of One (1) New Dump Truck (Current Model Year 2025 or newer) FY 2025 Page 7 of 9 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 Acting City Manager Print Name: ___________________ Print Title: ____________________ APPROVED AS TO FORM: By________________________________ Greg Sullivan, City Attorney 82 Agreement for Purchase of One (1) New Dump Truck (Current Model Year 2025 or newer) FY 2025 Page 8 of 9 Attachment A Freightliner Warranty In addition to the standard warranty shown below the following components are also covered: Meritor: Rear Axles Pinion and through shaft seals limited to 3-year/300,000-mile or published vocational coverage, whichever is less, if yoke is installed by Meritor. If yoke is not installed by Meritor, then Meritor does not warrant pinion seals. Wheel seals, gaskets and wheel bearings are covered for 1 year/unlimited miles if the wheel end equipment is supplied and assembled by Meritor. Cummins: Base Engine Warranty This Warranty covers any failures of the Engine which result, under normal use and service, from defects in material or factory workmanship (Warrantable Failure). This Coverage begins with the sale of the Engine by Cummins and ends two years or 250,000 miles (402,336 kilometers) or 6,250 hours, whichever occurs first, after the date of delivery of the Engine to the first user. Engine aftertreatment components included in the Cummins Critical Parts List (CPL) and marked with a Cummins part number are covered under Base Engine Warranty. Additional Coverage is outlined in the Emission Warranty section. This Warranty is made to all Owners in the chain of distribution and Coverage continues to all subsequent Owners until the end of the periods of Coverage. Allison Transmission: 3 Yrs., Unlimited miles 83 Agreement for Purchase of One (1) New Dump Truck (Current Model Year 2025 or newer) FY 2025 Page 9 of 9 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Notice of Award to The Third Element, Inc. for the WRF Motor Control Center Equipment Procurement Contract at the Amount of $475,489.00 MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign the Notice of Award to The Third Element, Inc. for the WRF Motor Control Center Equipment Procurement Contract at the Amount of $475,489.00. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The water reclamation facility (WRF) motor control center (MCC) equipment procurement contract will purchase industrial electrical equipment necessary to replace three existing MCCs at the WRF that are at end of useful life. The MCCs to be replaced are original to the WRF, were installed approximately 50 years ago, and provide power and electrical controls for various high-voltage industrial equipment running several individual unit treatment processes. The equipment procurement contract will only purchase the MCC equipment. The City intends to bid a separate installation contract in early FY25 to procure an electrical contractor to complete the installation and startup of the purchased MCC equipment. The sequencing of project delivery into separate equipment procurement and installation contracts is a common method used in the wastewater treatment sector to obtain process equipment with substantial costs and significant delivery lead times. The City issued an advertisement for bids for the WRF MCC equipment procurement contract on October 5, 2024. Two bids were received and opened on October 24, 2024. The apparent low bid was submitted by L&S Electric, which is recommended to be rejected by the design engineer, AE2S, because it is non-conforming to the project design and specifications and non-responsive to the bidding documents. City staff concurs with this recommendation. AE2S recommends awarding the equipment procurement contract to The Third Element, Inc. because it was responsive and 104 conformed to the bidding documents. City staff agrees with this recommendation and hereby attaches the Notice of Award to The Third Element, Inc. Also attached hereto are the certified bid tabulation and AE2S’s recommendation of award letter. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The WRF MCC equipment procurement contract will reduce the wastewater enterprise fund balance by $475,489.00. The overall project is planned in the wastewater fund CIP as project WW121 – WRF MCC Replacements. The FY25 WW121 project budget will be supplemented by an internal transfer of $146,500 from FY25 CIP project WW08 – Sewer Renovation, and $100,000 from FY25 CIP project WW69 – WRF Small Works Projects. These stated amounts from WW08 and WW69 are within the unobligated FY25 balances for these projects. Sufficient budget authority exists in the commission- adopted FY25 wastewater fund budget to award the equipment procurement contract. Attachments: Notice of Award_WRF MCC Equipment.pdf AE2S_Engineer's Recomendation of Award_Boz MCC.pdf Certified bid tabulation_Bozeman WRF MCC Procurement 2024.pdf Report compiled on: November 7, 2024 105 EJCDC® C-510, Notice of Award. Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 1 NOTICE OF AWARD Date of Issuance: November 19, 2024 Owner: City of Bozeman Owner’s Project No.: WW121 Engineer: AE2S Engineer’s Project No.: P05097-2022-012 Project: Bozeman WRF MCC Replacement 2024 Contract Name: Bozeman WRF MCC Replacement 2024 Bidder: The Third Element, Inc. Bidder’s Address: 3116 East Lyndal Ave. Helena, MT 59601 You are notified that Owner has accepted your Bid dated October 24, 2024 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: Bozeman WRF MCC Replacement 2024 The Contract Price of the awarded Contract is $475,489.00. Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work, and Work performed on a cost-plus-fee basis, as applicable. Four (4) copies of unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. ☐ Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner four (4) counterparts of the Agreement, signed by Bidder (as Contractor). 2. Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions, Articles 2 and 6. 3. Other conditions precedent (if any): None. Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions. Owner: City of Bozeman By (signature): Name (printed): Title: Copy: Engineer 106 November 6, 2024 City of Bozeman - Engineering Attn: Brian Heaston, PE Senior Engineer 20 E. Olive St. Bozeman, MT 59771 bheaston@bozeman.net RE: Recommendation of Award for Bozeman Pear Street Booster Station Rehabilitation Dear Mr. Heaston: Recommendation: AE2S recommends awarding the Bozeman WRF MCC Replacement 2024 to The Third Element Electric for $475,489 on a Lump Sum basis. Should this recommendation be acceptable to the City of Bozeman, please sign the Notice of Award (NOA) enclosed with this letter and return to AE2S. With the NOA in hand, the Contractor will begin the process of executing the Agreement, securities, and other Contract Documents. AE2S will conduct a cursory review of the Contract Documents for general completeness and deliver to the City of Bozeman for a final legal review and execution. Bidder’s Responsiveness & Responsibility: A tabulation of the bids submitted and opened on October 24,2024, shows The Third Element Electric (Third Element) as the lowest responsive bidder. L&S Electrics bid, it was deemed noncompliant with the project’s basis of design, specifically regarding the fixed locations for MCC buckets as specified in the plans and specifications. Additionally, two proposed contract modifications within L&S Electric’s classification documents were inconsistent with the EJCDC standards defined in the bid package. These deviations led to the formal rejection of L&S Electric’s bid. Based on the information provided within The Third Elements bid and supporting documentation from Third Elements Integrator Industrial Process Solutions, no evidence was found that would cast doubt on either The Third Elements or Industrial Process Solutions responsibility or capability to satisfactorily complete this project for the City of Bozeman. Rejection: According to Section 00 21 13 - 7, ARTICLE 17 of the Instructions to Bidders, the buyer reserves the right to reject any and all bids. Bids Returned: Along with this recommendation, AE2S is returning the original copies of all Bidders’ Bid Packages submitted for the October 31, 2024, Bid Opening: L&S Electric, Inc.; The Third Element Electric; 107 W:\B\Bozeman\05097-2022-012\Project Data\050 Bidding\Award & Commencement\[1] Engineer's Recomendation of Award_Boz MCC.docx AE2S appreciates the opportunity to provide you with professional services for this project. We hope we have satisfied your expectations to date. If you wish to discuss any of this information or have questions prior to issuing this NOA, please do not hesitate to contact me either electronically or on my mobile phone: (e) James.Sletten@ae2s.com; (m) 218-230-5723 Sincerely, AE2S James Sletten, I&C Tech Project Manager CC.: Brian Viall, PE, Project Manager – AE2S: brian.viall@ae2s.com Encl.: Notice of Award for Bozeman WRF MCC Procurement 2024| October 31, 2024 Agreement Between Owner and Contractor for Construction Contract | Unexecuted Original Bid Packages Dated October 24, 2024, from the following Bidders:  L&S Electric, Inc.  The Third Element Electric 108 Name:Contractor #:Affirmation Form: Non-Collusion Affidavit Addendum 1:Addendum 2: Bidder's Power of Attorney Bid Bond:Surety's Power of Attorney Surety's Appointment Qualifications Statement Equipment Data Sheets Base Bid Total:Add Alternate 1:Add Alternate 2:Total L & S Electric 1810 County HWY XX Rothschild, WI 54474-7801 x x x x x x x x x x $54,035.00 $81,480.00 $64,265.00 $199,780.00 Third Element Electric 28 Intrepid Drive Bozeman, MT 59718 x x x x x x x x $154,116.00 $168,919.00 $148,954.00 $471,989.00 Mike Maas Jon KercherCity Clerk WRF Superintendent Bid Check:Delivered to Finance:Accepted By:Date: Insurance for The Third Element Electric Bozeman WRF MCC Procurement 2024 These bids were opened and read before the undersigned at 2:30 pm on Thursday, October 24, 2024. Docusign Envelope ID: E84612FE-6664-4A3E-9F5B-864F3CD21039 109633 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nick Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Construction and Maintenance Agreement with the Montana Department of Transportation for the East Valley Center Road Shared Use Path MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign a Construction and Maintenance Agreement with the Montana Department of Transportation for the East Valley Center Road Shared Use Path. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The intent of this agreement is to define maintenance responsibilities between the Montana Department of Transportation (MDT) and city of Bozeman for the shared use path facilities along East Valley Center Road between N 19th Avenue and Valley Center Spur. Several development projects currently under review include shared use paths along East Valley Center Road. This maintenance agreement will allow these projects to advance under the conditions defined by the city's Unified Development Code. Additionally, the city's Transportation Alternatives grant includes infill of a section of shared use path that will be covered under this agreement. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The maintenance of the facilities will be undertaken with staff and equipment previously approved in the 2025 Biennium Budget. Attachments: East Valley Center Road Shared Use Path Agreement_for signature.pdf Report compiled on: August 29, 2024 110 111 Page | 1 CITY/STATE AGREEMENT E. VALLEY CENTER RD – SHARED USE PATH DESIGN, CONSTRUCTION, AND, MAINTENANCE N 19TH AVE TO WEST OF VALLEY SPUR RD November 2024 This Agreement (“Agreement”) is made and entered into by and between of City of Bozeman (“the City”), whose address is 121 N Rouse Ave, Bozeman, MT 59715 and the State of Montana Department of Transportation (“MDT” or “the State”), whose address is 2701 Prospect Ave. P.O. Box 201001, Helena MT 59620-1001, together referred to as “the Parties”. The Purpose of this Agreement is to set forth the respective design, construction, and maintenance responsibilities and duties of the Parties associated with the existing and future Shared-Use Paths within MDT right-of-way on E. Valley Center Rd (U-1211) right-of- way between N 19th Ave (N-412) Reference Post (RP) 6.345 to west of Valley Spur Rd (L- 16-2074) RP 4.471. This Agreement sets forth terms necessary for the City to provide design, construction and maintenance of the existing and proposed Shared-Use Paths locations shown in Attachment B. This Agreement also sets forth terms regarding the City’s responsibilities for the new and existing Shared-Use Paths that the City or a Developer designs and constructs for the City. Any new paths will require MDT encroachment permits for the Shared-Use Paths and encroachments for construction by the Developer’s contractor. Any Encroachment Permit granted by this Agreement is explicitly subject and subordinate to the rights of MDT and the State of Montana; and WHEREAS, MDT is responsible for planning, designing, constructing, and maintaining the State highway and roadway associated transportation facilities, including associated pull- off, parking areas, and rest areas for the use and benefit of the traveling public, in a safe and efficient manner in accordance with Title 23 United State Code (U.S.C.) and Title 60 Montana Code Annotated (MCA) including E. Valley Center Rd. (U-1211), a commission- designated highway system; and WHEREAS, E. Valley Center Rd (U-1211) is a MDT maintained route on the Urban System within the State of Montana and is eligible to receive Federal Highway Funds; and WHEREAS, in accordance with the State’s agreement with the Federal Highway Administration (FHWA) of the U.S. Department of Transportation, MDT must ensure that certain requirements are met in order for MDT to fulfill its obligations to the FHWA and for E. Valley Center Rd. (U-1211) to be eligible for federal funds; and WHEREAS, The City has agreed to maintain, or caused to be maintained, the existing and new Shared-Use Paths; and WHEREAS, This Agreement must be fully executed before initiation of construction of any new Shared-Use Paths within the commission-designated right-of-way; and 112 Page | 2 NOW, THEREFORE, The Parties set forth the fundamental duties and responsibilities necessary for the design, construction, and maintenance of the existing and new Shared- Use Paths on E. Valley Center Rd (U-1211), within public right-of-way. ARTICLE I. OBLIGATIONS OF MDT: 1. MDT agrees to review all plans, design, and data submitted by the City to ensure all MDT safety and design standards are met, and if found acceptable, approve such plans and designs through MDT’s Encroachment Permit process. 2. Once the plans and designs are found acceptable, MDT will issue the appropriate encroachment permits for the Shared-Use Paths following MDT’s standard processes. 3. MDT agrees it will request necessary approval or concurrence from the Transportation Commission throughout the course of the activities contemplated by this agreement. 4. MDT agrees the City will provide construction oversight through its engineering agents for the Projects. MDT agrees it will assign MDT Butte District Staff to ensure MDT’s responsibilities regarding construction oversight are met during the City’s construction of the Projects. MDT may seek reimbursement for MDT staff time from the City for construction oversight or future City construction projects if construction oversight provided by City does not meet the construction oversight requirements applicable to MDT construction projects. 5. MDT agrees it will review City/Contractor Traffic Control Plans and, if such plans meet all applicable MDT standards or guidelines, approve the Traffic Control Plans. 6. MDT agrees it will conduct final inspection of the Projects within MDT right-of-way upon completion and request any improvements or corrections necessary to comply with MDT standards. 7. If the City does not fulfill their maintenance requirements as stated herein, MDT may complete the required maintenance and seek compensation from the City. In doing so, MDT must first provide notice to the City allowing 60 days to complete any such maintenance. If MDT preforms such maintenance under this section, it must provide detailed invoices of such costs to the City. 8. MDT may complete any maintenance required due to public emergency and seek compensation from the City for any costs incurred. In doing so, MDT may first provide notice to the City, when possible, allowing time to complete any such maintenance. If MDT performs maintenance under this section, it must provide detailed invoices of such costs to the City. ARTICLE II. OBLIGATIONS OF THE CITY: 113 Page | 3 1. The City agrees that no fixture, building, structure, or other permanent installation other than those approved by MDT shall be constructed or placed within MDT right-or- way without prior approval from MDT. 2. The City agrees to submit new Shared-Use Path design plans to MDT for review and if appropriate approval. 3. The City is solely responsible for the design and construction of new Shared-Use Path projects as approved by MDT. 4. The City is solely responsible for obtaining any needed right-of-way outside of that which is already been designated for E. Valley Center Rd (U-1211) for the Shared-Use Path projects. 5. The City shall complete the necessary environmental processes for modification to the state highways and roadways and demonstrate that all, if any, environmental issues associated with the proposed project have been identified and mitigated. The City agrees it will prepare and file any required environmental documents and apply for and obtain any permits required by other governmental agencies at no expense to MDT prior to maintenance taking place within Transportation Commission designated right- of-way. 6. The City agrees any change, expansion, increase, or revision in the MDT approved design or construction of the Projects must receive written approval from MDT prior to construction or installation. 7. The City agrees to obtain approvals from downstream landowners if the Shared-Use Path projects impacts the stormwater flow (changes flowrates or volumes over historic rates or volumes) or such downstream properties and provide documentation of appropriate coordination with affected landowners. 8. The City agrees to be responsible for any and all damages to facilities within Transportation Commission designated right-of-way caused by the City, the City’s staff or contractors, or resulting from the City’s operations. The City must repair any and all damages, at its sole expense, after notification of damage by MDT and approval of repair work needed, method of repair, and schedule repair. 9. If the City fails to perform or caused to be performed, the maintenance obligations as required by this Agreement within 60 days of written notification from MDT, MDT may complete the required maintenance and the City shall be required to compensate MDT for its performance of said maintenance. 10. If MDT completes any maintenance required due to a public emergency without prior notice to the City. The City agrees to be responsible for and to reimburse MDT for said maintenance, including Indirect Costs. 114 Page | 4 ARTICLE III – PROJECT-SPECIFIC FEATURES: 1. Shared-Use Path a. The City agrees that it is responsible, at no cost to MDT, to service, maintain, and repair, and pay the cost of operating the new and existing Shared-Use Path on E Valley Center (U-1211) from RP 4.471 to RP 6.345, such that it does not negatively impact the operation of the shared-use path or safety of the traveling public. If all or part of the shared-use path becomes unsafe for use, the City agrees to restrict access to the affected area until the condition has been remedied. b. For the purposes of this Agreement, “maintenance of a shared-use path” is defined as grinding or milling down displacements; surface patching; crack sealing; sweeping; cleaning; washing; replacing portions of damaged path; removal of snow and ice; repair of chipped, fractured, or broken surface from any cause, including but not limited to frost heaving, landscaping, tree roots, or encroachments; removal of debris and other obstructions or impediments to the safe travel of pedestrians or other path users; maintenance of all associated drainage features; maintenance of path-related signs; and any and all other normally accepted maintenance practices. c. For the purposes of this Agreement, “maintenance of shared-use path signs,” is defined as: the inspection, cleaning, repair, and replacement of signs damaged through weathering, vandalism, wind, and other means. Article IV – General Terms and Conditions: 1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10) year term, this Agreement will renew automatically, for successive one (1) year terms, unless superseded by a new Agreement between the Parties. 2. Termination – This Agreement may be terminated by MDT if the City violated or breaches any term, condition, or article of this Agreement and the City has failed to correct (or reasonably initiate correction) within 60 days of receiving notice in writing addressed to the City’s representative, or such violation or breach of any term, condition, or article of the Agreement. If this Agreement is terminated, the improvements become the property of MDT, without reimbursement MDT will maintain the property as it sees fit and may remove the improvements without the City’s or landowner approval. MDT may seek compensation for maintenance or removal of the improvements from the City. 3. Other Agreements – Other Agreements not pertaining to the Shared-Use Path on E Valley Center (U-1211) from RP 4.471 to RP 6.345 remain in full force and effect. In 115 Page | 5 case of a conflict between this Agreement and a previously executed Agreement, the terms of this Agreement apply. 4. Hold Harmless & Indemnification – a. The City agrees to protect, defend, indemnify, and hold MDT, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments (including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the City’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the actions or omissions of the City, its agents or sub-contractors, under this Agreement, except the negligence of MDT. b. The State and MDT agrees to protect, defend, indemnify, and hold the City, its elected and appointed officials, agents, and employees while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgements (including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the MDT’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of MDT, its agents, or sub-contractors, under this Agreement, except the negligence of the City. 5. Insurance a. General Requirements: Each Party shall maintain for the duration of this Agreement, at its own cost and expense, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of duties and obligations in this Agreement by each Party, its agents, employees, representatives, assigns, or sub-contractors. This insurance shall cover such claims as may be caused by any negligent act or omission. b. General Liability Insurance: Each Party shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $1 million per occurrence and $2 million aggregate per year to cover such claims as may be caused by or arising out of any negligent acts or omissions in work or services performed under this Agreement, or as established by statutory tort limits as provided under this Agreement or as established by statutory tort limits as provided by a public entity self-insurance program either individually or on a pool basis as provided by Montana Code Annotated Title 2, Chapter 9. c. General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana or by a public entity self-insured program either individually or on a pool basis. Each Party must notify the other immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. Each Party reserves the right to 116 Page | 6 request complete copies of the other Party’s insurance policy or self-insured memorandum of coverage at any time. d. Workers’ Compensation Insurance: The City must maintain workers’ compensation insurance and require its contractors and its contractor’s sub- contractors to carry their own workers’ compensation coverage while performing work within MDT right-of-way in accordance with Montana Code Annotated §§39-71-401 and 39-71-405. Neither the contractor nor its employees are employees of MDT. This insurance/exemption must be valid for the entire Agreement period. 6. Public Safety - It is agreed, if any repairs to the elements of the Shared-Use Path on E Valley Center (U-1211) from RP 5.621 to RP 6.345 must be performed to address or prevent a public hazard, the City will immediately protect the area from public access, contact the appropriate MDT District Maintenance Office, and make reasonable and timely effort to correct or repair the hazard. 7. Invoicing and Indirect Costs (IDC) a. If MDT incurs any costs resulting from this Agreement, MDT shall be entitled to be compensated for such costs by the City and the City shall pay the same within thirty (30) days of its receipt of such invoices. Montana Code Annotated §17-1-106, requires any state agency, including MDT, which received non-general funds to identify and recover its indirect costs (IDC). These costs are in addition to direct Project costs. MDT’s IDC rate is determined annually as a percentage of the Project’s direct costs to cover the Project’s share of MDT’s IDC as defined by 2 CFR Part 200, Appendix VII. MDT’s current IDC rate is 9.66% for fiscal year 2022 (July 1, 2021 to June 30, 2022). If the work occurs or extends into fiscal year 2023 or beyond the IDC rate will be charged at the rate agreed to by MDT and the Federal Highway Administration (FHWA). i. Invoice will be sent to: City of Bozeman Attn: Nicholas Ross, Director of Transportation and Engineering 121 N Rouse Ave. Bozeman, MT 59715 ii. Payments shall be made to: Montana Department of Transportation Attention: Collections 2701 Prospect Avenue PO Box 201001 Helena MT 59620-1001 8. Choice of Law and Venue – This Agreement shall be governed by the laws of Montana. The Parties agree that any litigation concerning this Agreement must be brought in the 117 Page | 7 First Judicial District Court, in and for the County of Lewis and Clark, State of Montana, and each Party shall pay its own costs and attorney fees except as otherwise noted in this Agreement. In case of conflict between the terms and conditions of this Agreement the laws of the State of Montana, the laws of the State of Montana Shall control. 9. Binding Effect -- The benefits and obligations set forth in this Agreement shall be binding upon, and inure to the benefit of, their respective successors, administrators and assigns of the Parties. 10. Relationship of Parties -- Nothing contained in this Agreement shall be deemed or construed (either by the parties hereto or by any third party) to create the relationship of principal and agent or create any partnership joint venture or other association between the Parties. 11. Non-Discrimination – The City will require that during the performance of any work arising out of this Agreement the City, for itself, assignees, and successors shall comply with all applicable non-discrimination regulation set forth in Attachment A attached hereto and made a part of this Agreement. 12. ADA – MDT requires that any construction resulting from this Agreement must include appropriate pedestrian facilities that meet or exceed current MDT standards for accessibility as set forth by the Untied State Department of Justice 2010 ADA Standards for Accessibility Design, United States Access Board Proposed Guidelines for Pedestrian Facilities in the Public Right-or-Way (2011 PROWAG), and MDT’s detained drawings, 608 series. 13. Audit – The City grants to the Legislative Auditor and the Legislative Fiscal Analysts the right, without prior notice and during normal business hours, to audit, at their own costs and expense all records, reports, and other documents, the City maintains in connection with this Agreement. 14. Utilities – This Agreement is subject to the right of any private or public utility entity now lawfully occupying the right-of-way to continue to operate and maintain utility facilities thereupon. Copies of existing utility permits may be obtained from the MDT District Utility Agent. 15. Amendment and Modification – This Agreement may be modified or amended only by written Addendum signed by the parties. In addition to the terms and conditions contained herein, the provisions of any Addendum may be incorporated and made a part hereof by this reference in the terms of the amendment so provided. In the event of any conflict between the terms and conditions hereof and the provisions of any Addendum, the provision of the Addendum shall control, unless the provisions thereof are prohibited by law. 16. Representatives 118 Page | 8 a. City’s Representative: The City’s Representative for this Agreement shall be the City Manager or designee or such individual as the City shall designate in writing. Whenever approval or authorization form or communication or submission to the 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 the City’s Representative is not available, MDT may direct its communication or submission to other designated City personnel or agents. b. MDT’s Representative: The MDT Representative for this Agreement shall be the District Administrator or Maintenance Chief or such other individual as MDT shall designate in writing. Whenever direction to or communication with MDT is required by this Agreement, such direction or communication shall be directed to MDT’s Representative; provided, however, that the exigent circumstances when MDT’s Representative is not available, the City may direct its directions or communication or submission to other designated MDT personnel or agents. 17. Counterpart Execution – This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the Parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. [signature page follows] 119 Page | 9 IN WITNESS WHEREOF, the Department’s authorized representative has hereunto signed on behalf of the State of Montana, and the City Manager of the City of Bozeman, on behalf of the City, has signed and affixed hereto the seal of the City. STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION By ______________________________________________ ______________________, 2024 Montana Department of Transportation ________________________________ Approved for Legal Content ________________________________ Approved for Civil Rights CITY OF BOZEMAN By __________________________________________________ _______________________, 2024 Chuck Winn, Interim City Manager ATTEST: APPROVED AS TO FORM AND CONTENT: ________________________________ Mike Maas, Bozeman City Clerk _________________________________ Greg Sullivan, Bozeman City Attorney (SEAL) 120 ATTACHMENT A MDT Nondiscrimination and Disability Accommodation Notice 121 Page 1 of 4 Rev. 01/2022 MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an environment free from discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter “protected classes”) by its employees or anyone with whom MDT does business: Federal protected classes State protected classes Race, color, national origin, sex, sexual orientation, gender identity, age, disability, income-level & Limited English Proficiency Race, color, national origin, parental/marital status, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, religion/creed, social origin or condition, genetic information, sex, sexual orientation, gender identification or expression, ancestry, age, disability mental or physical, political or religious affiliations or ideas, military service or veteran status, vaccination status or possession of immunity passport For the duration of this contract/agreement, the PARTY agrees as follows: (1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all Acts and Regulations of the United States and the State of Montana relative to Non- Discrimination in Federally and State-assisted programs of the U.S. Department of Transportation and the State of Montana, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (2) Non-discrimination: a. The PARTY, with regard to the work performed by it during the contract, will not discriminate, directly or indirectly, on the grounds of any of the protected classes in the selection and retention of subcontractors, including procurements of materials and leases of equipment, employment, and all other activities being performed under this contract/agreement. b. The PARTY will provide notice to its employees and the members of the public that it serves that will include the following: i. A statement that the PARTY does not discriminate on the grounds of any protected classes. ii. A statement that the PARTY will provide employees and members of the public that it serves with reasonable accommodations for any known disability, upon request, pursuant to the Americans with Disabilities Act as Amended (ADA). iii. Contact information for the PARTY’s representative tasked with handling non- discrimination complaints and providing reasonable accommodations under the ADA. iv. Information on how to request information in alternative accessible formats. 122 Page 2 of 4 Rev. 01/2022 c. In accordance with Mont. Code Ann. § 49-3-207, the PARTY will include a provision, in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and qualifications and that the PARTY does not discriminate on the grounds of any protected class. (3) Participation by Disadvantaged Business Enterprises (DBEs): a. If the PARTY receives federal financial assistance as part of this contract/agreement, the PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its subcontracting services. The list of all currently certified DBE firms is located on the MDT website at mdt.mt.gov/business/contracting/civil/dbe.shtml b. By signing this agreement, the PARTY assures MDT that: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. c. The PARTY must include the above assurance in each contract/agreement the PARTY enters. (4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation under this contract/agreement and all Acts and Regulations of the United States and the State of Montana related to Non-Discrimination. (5) Information and Reports: The PARTY will provide all information and reports required by the Acts, Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by MDT or relevant US DOT Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the PARTY will so certify to MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has made to obtain the information. (6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the PARTY under the contract/agreement until the PARTY complies; and/or b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part. 123 Page 3 of 4 Rev. 01/2022 (7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement, the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Federal - Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; - The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); - Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); - Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; - The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); - Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); - The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients, and contractors, whether such programs or activities are Federally funded or not); - Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; - The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); - Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; - Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 124 Page 4 of 4 Rev. 01/2022 - Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). - Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of gender identity and in hiring by federal contractors on the basis of both sexual orientation and gender identity. State - Mont. Code Ann. § 49-3-205 Governmental services; - Mont. Code Ann. § 49-3-206 Distribution of governmental funds; - Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts. (8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through seven in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The PARTY will take action with respect to any subcontract or procurement as MDT or the relevant US DOT Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request the United States to enter into the litigation to protect the interests of the United States. 125 ATTACHMENT B Locations of Existing and Proposed Shared-Use Path on E Valley Center (U-1211) from RP 4.471 to RP 6.345 126 570412411235205§¨¦90§¨¦90G A L L AT I NSource: Esri, Maxar, Earthstar Geographics, and the GIS User CommunityCreated 2017± Date: 5/10/2024 Path: C:\Users\u3137\Documents\ArcGIS\Jean-base-map3.mxdEast Valley Center Path Locations 127 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Assistant City Manager SUBJECT:Authorize City Manager to Sign an Interconnection Agreement with NorthWestern Energy for Solar Array at Fire Station 2 MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize City Manager to Sign Interconnection Agreement with NorthWestern Energy for Solar Array at Fire Station #2. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:The recently constructed Fire Station #2 located at 575 W. Kagy Blvd. includes a photovoltaic array installed on-site. In accordance with NorthWestern Energy's Electric Service Tariff, this agreement will authorize a Level 1 Small Generator Facility Interconnection. This agreement further recognizes that the solar array is connected to NorthWestern's Electric Distribution System, has an aggregate Nameplate Capacity of generation and storage components of not more than 50 kW AC, has storage components that store and discharge only electrical energy produced from the net metering system and do not store or discharge electrical energy received from NorthWestern's Electric Distribution System, and is designed to operate in parallel with the Electric Distribution System, and has equipment-labeled and publicly listed by a Nationally Recognized Testing Laboratory at the time of the Request. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:None. Attachments: BOZ-1889 City of Bozeman - Fire Station #2.pdf Report compiled on: October 11, 2024 128 129 ELECTRIC TARIFF Sheet No. R-18.1 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) Applicability: For Small Generator Facilities with an Aggregate Nameplate Capacity of up to 50 kilowatts (kW) alternating current (AC), approved for Interconnection under Level 1 Expedited. Level 1 Interconnection Agreement This Small Generator Interconnection Agreement (“Agreement”) is made and entered into this _____day of ________ 20__ (the “Effective Date”), by NorthWestern Corporation, a Delaware corporation d/b/a NorthWestern Energy (“NorthWestern”) with offices at 11 E. Park, Butte, Montana, 59701-9394, and City of Bozeman - Fire Station #2 , a organized under the laws of the State of (“Customer- Generator”) with an address of 575 West Kagy Boulevard in Bozeman, Montana. Customer-Generator and NorthWestern each may be referred to as a “Party” or collectively as the “Parties” herein. Premise Number: 674791 When used in this Agreement, with capitalization, the terms specified shall have the meanings indicated or specified in the Agreement. 1. Request for Interconnection. Customer-Generator’s request for Interconnection as approved by NorthWestern, is made part of this Agreement and incorporated herein as Attachment 1. The Small Generator Facility shall be constructed in the configuration and with the equipment specified in the approved request. To the extent there is any deviation that is not agreed to in writing by NorthWestern, the submission of a new request for Interconnection by the Customer-Generator is required. 2. No Future Modifications to the Small Generator Facility. Customer-Generator agrees that, without prior written permission from NorthWestern, no modifications shall be made to the Small Generator Facility as initially approved by NorthWestern. NorthWestern’s review shall be completed within 10 business days of receipt of any request for modification. Any increase to the Small Generator Facility Nameplate Capacity requires a new request for Interconnection. Repair and replacement of existing Small Generator Facility components with like components that meet the current versions of Underwriters Laboratories (UL) 1741 certification and Institute of Electrical and Electronics Engineers (IEEE) 1547 requirements for Level 1 facilities and not resulting in increases in Small Generator Facility Nameplate Capacity do not require approval. If the Small Generator Facility includes storage components, Customer-Generator shall maintain the settings originally approved by NorthWestern as detailed in Attachment 1. 130 ELECTRIC TARIFF Sheet No. R-18.2 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) 3. Installing, Operating, and Maintaining the Generation Facility. Customer-Generator shall construct, operate, and maintain the Small Generator Facility, at Customer-Generator’s sole cost and expense, in accordance with Customer-Generator’s request and the current version of IEEE 1547, the current version of UL 1741, the regulations of the Montana Public Service Commission (MPSC), NorthWestern’s approved tariffs, all other applicable local, state, and federal codes and laws. Customer-Generator shall remain responsible for the Small Generator Facility through the point of Interconnection – the point where Small Generator Facility connects with the Electric Distribution System. 4. Permits and Approvals. Customer-Generator is responsible for obtaining all required permits and approvals for its Small Generator Facility and is responsible for the actions of contractors or other agents hired by Customer-Generator for design and installation of the Small Generator Facility. 5. Protection of the Small Generator Facility. Customer-Generator is responsible for protecting, at Customer-Generator’s sole expense, its Small Generator Facility from any condition or disturbance on the Electric Distribution System, including, but not limited to, voltage sags or swells, system faults, outages, loss of a single phase of supply, equipment failures, and lightning or switching surges, except that NorthWestern shall be responsible for repair of damage to the Small Generator Facility resulting solely from negligence or willful misconduct on the part of NorthWestern. 6. Electrical Isolation of the Small Generator Facility. The Small Generator Facility shall be capable of being manually isolated from the Electric Distribution System by means of an external, lockable, visible load break disconnect switch accessible by NorthWestern. The disconnect switch shall be installed, owned, and maintained by the Customer-Generator and located within 10 feet of Customer-Generator’s electric meter and shall be clearly marked “Generator Disconnect Switch” on a weather resistant placard. This switch shall be readily accessible to NorthWestern personnel at all times, and NorthWestern may lock this switch open whenever necessary to maintain safe electrical operating conditions. If the disconnect switch will be located farther than 10 feet away from the NorthWestern meter, written permission must be granted by NorthWestern and a weather resistant placard shall be mounted next to the meter indicating clearly where the disconnect switch is located. 7. Metering. Any metering necessitated by the Small Generator Facility Interconnection shall be installed, operated, and maintained by NorthWestern. NorthWestern will provide a net metering 131 ELECTRIC TARIFF Sheet No. R-18.3 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) Customer-Generator a standard meter capable of registering the flow of electricity in two directions at no additional charge. A non-net metering Customer-Generator shall be responsible for NorthWestern’s reasonable and necessary metering costs related to the Small Generator Facility Interconnection as specified in Attachment 2 to this Agreement. 8. Witness Test. _____ If there is an “X” on this line, NorthWestern intends to perform a witness test after the Small Generator Facility is completed. Customer-Generator shall provide NorthWestern at least 20 business days’ notice of its planned commissioning test. Upon receipt of such notice, NorthWestern shall contact Customer-Generator to schedule the witness test at a mutually agreeable time within 10 business days of the scheduled commissioning test. If NorthWestern does not perform the witness test within 10 business days of the commissioning test, the witness test is deemed waived. If the witness test is not acceptable to NorthWestern, NorthWestern must document all deficiencies and provide a written report identifying the deficiencies to Customer-Generator within 5 business days of the witness test. Customer-Generator shall be granted a period of 30 business days to address and resolve any deficiencies. __X__ If there is an “X” on this line, NorthWestern waives its right to perform a witness test. Once parallel operation of the Small Generator Facility has been authorized by NorthWestern pursuant to Section 10 of this Agreement, NorthWestern may not require Customer-Generator to further test its facility. If a witness test is not performed by NorthWestern or an entity approved by NorthWestern, Customer-Generator must still satisfy the Interconnection test specifications and requirements set forth in the current version of IEEE 1547. Customer-Generator shall, if requested by NorthWestern, provide a copy of all documentation in its possession regarding testing conducted pursuant to the current version of IEEE 1547. 9. Inspection. NorthWestern reserves the right to inspect the Small Generator Facility before and after Interconnection approval is granted by NorthWestern, at reasonable hours and with reasonable prior notice provided to the Customer-Generator. 10. Authorization to Interconnect and Operate. Except as necessary for operational testing, the extent of which is not to exceed 2 hours, Customer-Generator shall not operate the Small Generator 132 ELECTRIC TARIFF Sheet No. R-18.4 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) Facility in parallel with the Electric Distribution System until the appropriate billing meter has been installed. NorthWestern will change out the meter once the items listed below have occurred: a. Customer-Generator has executed this Agreement; b. The Small Generator Facility has been inspected by the local or municipal electric code official(s) with jurisdiction, and documentation of their approval on the form(s) normally used by the local inspecting authority has been provided to NorthWestern; c. Upon completion of the Small Generator Facility installation, a completed Installation Verification form signed by the installer, using the form set forth in Attachment 3 to this Agreement, has been returned to NorthWestern (it is preferred that the completed Installation Verification form be submitted at the same time as documentation of the inspection by the electric code official(s) required in 10b above); and d. NorthWestern has either: i. conducted an inspection(s) and/or witness test; ii. waived its right to inspect the Small Generator Facility or conduct a witness test by not scheduling an inspection or witness test; or iii. explicitly waived the right to inspect the Small Generator Facility or conduct a witness test. NorthWestern will make reasonable efforts to install an appropriate billing meter within 20 business days after the requirements in items a, b, c, and d in this Section are satisfied. NorthWestern will make reasonable efforts to contact customer to notify the customer prior to installing the meter. 11. No Warranty. By entering into this Agreement, or by inspection or witness test, if any, or by non- rejection, or by approval, or in any other way, NorthWestern does not give any warranty, express or implied, as to the adequacy, safety, compliance with applicable standards, codes, or requirements, or as to any other characteristics of the Small Generator Facility and related equipment. 133 ELECTRIC TARIFF Sheet No. R-18.5 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) 12. Access. NorthWestern shall have access to the metering equipment of the Small Generator Facility and the isolation device required under Section 6 of this Agreement at all times. NorthWestern will provide reasonable notice to the Customer-Generator when possible prior to accessing the Small Generator Facility. 13. Temporary Disconnection. NorthWestern may temporarily disconnect the Small Generator Facility upon the following conditions: a. For scheduled outages; b. For unscheduled outages or emergency conditions such as a safety hazard to the Electric Distribution System, NorthWestern’s personnel, or to the general public; or c. If the Small Generator Facility does not operate in the manner consistent with the terms and conditions of this Agreement. In the case of a scheduled outage, NorthWestern shall make reasonable efforts to inform the Customer-Generator of the planned outage in advance of disconnection. In the case of an unscheduled outage, NorthWestern will provide to the Customer-Generator, upon request, a written report explaining the reasons for the disconnection. 14. Indemnification and Limitation of Liability. a. General Indemnification. This provision protects each Party from liability incurred to third parties as a result of carrying out the provisions of this Agreement. Each Party (each an “Indemnifying Party”) shall at all times indemnify, defend, and hold the other Party (each the “Indemnified Party”) harmless from, any and all damages, losses, claims, including claims and actions relating to injury to or death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the Indemnifying Party’s action or failure to meet its obligations under this Agreement, except in cases of gross negligence or intentional wrongdoing by the Indemnified Party. b. Limitation of Liability. Each Party’s liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall either Party be liable to the other Party for any indirect, special, consequential, or punitive damages, including but not limited to 134 ELECTRIC TARIFF Sheet No. R-18.6 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability. 15. Taxes. The Parties agree to follow all applicable tax laws and regulations, consistent with Internal Revenue Service requirements. 16. Term and Termination. This Agreement shall become effective on the Effective Date and shall remain in effect for a period of 10 years from the Effective Date or such other longer period as the Customer-Generator may request. At the expiration of the term, this Agreement will automatically renew for successive one-year periods, unless terminated in accordance with this Section 16. This Agreement may be terminated: a. By the Customer-Generator at any time by providing written notice to NorthWestern; b. By NorthWestern if the Small Generator Facility fails to operate for any consecutive 12- month period or if the settings for the storage components of the Small Generator Facility change from those originally approved by NorthWestern; c. By either Party upon the occurrence of a material breach of this Agreement; provided the defaulting Party is provided a reasonable opportunity to cure the violation after receipt of written notice of the default; or d. Automatically upon Customer-Generator’s sale or transfer of ownership of the Small Generator Facility, provided that the Agreement will survive the transfer of ownership if a subsequent owner agrees in writing to assume contractual responsibility utilizing the form set forth in Attachment 4. Upon termination, NorthWestern may disconnect the Small Generator Facility from the Electric Distribution System. All reasonable disconnection costs are the responsibility of the Customer- Generator. NorthWestern will not disconnect the Small Generator Facility if a subsequent owner assumes contractual responsibility pursuant to the form set forth in Attachment 4. 135 ELECTRIC TARIFF Sheet No. R-18.7 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) 17. Survival Rights. This Agreement shall continue in effect after termination to the extent necessary to allow or require either party to fulfill rights or obligations that arose under the Agreement during Customer-Generator’s operation of the Small Generator Facility. 18. Governing Law, Regulatory Authority, and Dispute Resolution. The validity, interpretation, and enforcement of this Agreement and each of its provisions shall be governed by the laws of the State of Montana, without regard to its conflicts of law principles. Interconnection disputes under this Agreement will be resolved in accordance with ARM 38.5.8413. 19. Representatives: For the Customer-Generator: City of Bozeman - Fire Station #2 Jon Henderson PO Box 1230 Bozeman, Montana 59771 For NorthWestern: NorthWestern Energy Interconnection Coordinator 11 East Park Street Butte, Montana 59701 20. Miscellaneous. This Agreement may not be assigned by the Customer-Generator without the written consent of NorthWestern provided, however, that this Agreement may be assigned to and assumed by a new Customer-Generator utilizing the form attached to this Agreement as Attachment 4. The Parties may amend this Agreement by a written instrument duly executed by both Parties. The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered a waiver of any obligation, right, or duty of, or imposed upon, such Party. This Agreement constitutes the entire agreement between the Parties with reference to the subject matter hereof, and supersedes all prior and contemporaneous understandings or agreements, oral or written, between the Parties. If any provision or portion of this Agreement shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction or other governmental authority, such portion or provision shall be deemed separate and independent, and the remainder of this Agreement shall remain in full force and effect. This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. 136 ELECTRIC TARIFF Sheet No. R-18.8 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) 21. Signatures. In witness whereof, the Parties have caused this Agreement to be executed by their respective duly authorized representatives. NorthWestern: Customer-Generator: Name: Autumn Mueller Name:______________________________ (Print) (Print) Title: Manager, Generation and Title: (if applicable)___________________ Transmission Interconnection Signature:_______________________ Signature:___________________________ Date:___________________________ Date:______________________________ 137 ELECTRIC TARIFF Sheet No. R-18.9 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) Attachment 1 Customer-Generator’s Approved Request 138 ELECTRIC TARIFF Sheet No. R-18.10 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) 139 ELECTRIC TARIFF Sheet No. R-18.11 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) 140 ELECTRIC TARIFF Sheet No. R-18.12 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) 141 ELECTRIC TARIFF Sheet No. R-18.13 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) 142 ELECTRIC TARIFF Sheet No. R-18.14 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) 143 ELECTRIC TARIFF Sheet No. R-18.15 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) 144 ELECTRIC TARIFF Sheet No. R-18.16 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) 145 ELECTRIC TARIFF Sheet No. R-18.17 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) 146 ELECTRIC TARIFF Sheet No. R-18.18 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) Attachment 2 Metering Costs for Which Non-Net Metering Customer-Generator Is Responsible (Not Applicable for this Project) 147 ELECTRIC TARIFF Sheet No. R-18.19 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) Attachment 3 Installation Verification Form To Be Returned Upon Completion of Installation Small Generator Interconnection Project No.BOZ-1889 Check one: ____ I certify that the as-built Small Generator Facility to be Interconnected under the above referenced Interconnection Agreement matches the Small Generator Facility specified on the above referenced Small Generator Interconnection Request both in terms of configuration (i.e. one-line diagram) and the equipment actually used to construct the facility. OR, ____ I certify that the as-built Small Generator Facility to be Interconnected under the above referenced Interconnection Agreement matches the Small Generator Facility specified on the above referenced Small Generator Interconnection Request both in terms of configuration (i.e. one-line diagram) and the equipment actually used to construct the facility, except as detailed on the attached sheet. In addition to identifying the deviations in the as-built Small Generator Facility, I have attached a copy of NorthWestern’s written agreement for each deviation. Installer: Name: _______________________________________ (Print) Signature: _______________________________________ Company: _______________________________________ (Print) Date: _______________________________________ 148 ELECTRIC TARIFF Sheet No. R-18.20 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) Attachment 4 Assignment and Assumption Agreement Level 1 Small Generator Facility Interconnection Agreement This Assignment and Assumption Agreement (“Assignment”) is made and entered into by and between (“Customer-Generator”) and (“Purchaser”). RECITALS: WHEREAS, Customer-Generator owns a Small Generator Facility (Small Generator Interconnection Premise No. _____________) located at _______________ (the “Property”), and operates the same pursuant to a Small Generator Facility Interconnection Agreement dated the day of 20 (the “Agreement”) with NorthWestern Corporation, a Delaware corporation d/b/a NorthWestern Energy; and WHEREAS, Customer-Generator desires to assign, and Purchaser desires to receive and accept, all rights and obligations under the Agreement. AGREEMENT: 1. When used in this Assignment, with capitalization, the terms specified shall have the meanings indicated or specified in the Agreement. 2. Assignment. Customer-Generator assigns all rights and interest in the Agreement to Purchaser. 3. Assumption. Purchaser assumes the Agreement, acknowledges receipt of a copy thereof, and agrees to comply with the requirements set forth therein. Purchaser does not assume any liability for acts or omissions of Customer-Generator accruing prior to the effective date of this Assignment. Upon assignment of the Agreement, Purchaser shall be referred to as the “Customer-Generator”. 4. Effective Date. This Assignment is effective the later of: (i) Customer-Generator’s conveyance of title to the Property to Purchaser; or (ii) NorthWestern’s acknowledgment. This Assignment may be executed in one or more counterparts, including by signature pages delivered in electronic format, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 149 ELECTRIC TARIFF Sheet No. R-18.21 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) Customer-Generator: Purchaser: Name: _______________________________ Name: __________________________________ (Print) (Print) Title: (if applicable): ________________________ Title: (if applicable): _______________________ Signature:_____________________________ Signature:________________________________ Date:_________________________________ Date:____________________________________ Acknowledgment: NorthWestern Energy Name: _______________________________ Title: ________________________________ Date: ________________________________ 150 ELECTRIC TARIFF Sheet No. R-18.22 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) Level 1 Interconnection Agreement - Transfer Applicability: For Small Generator Facilities with an Aggregate Nameplate Capacity of up to 50 kilowatts (kW) alternating current (AC), approved for Interconnection under Level 1 Expedited. This Small Generator Interconnection Agreement – Level 1 Transfer (“Agreement”) is made and entered into this ____ day of ________ 20__ (the “Effective Date”), by NorthWestern Corporation, a Delaware corporation d/b/a NorthWestern Energy (“NorthWestern”) with offices at 11 E. Park, Butte, Montana, 59701-9394, and [ (if individual(s), the name of the owner of the premises)] or [ , a organized under the laws of the State of (if entity, the full legal name of the corporation/LLC/etc. that is the owner of the premises)] (“Customer-Generator”) with an address of . Customer-Generator and NorthWestern each may be referred to as a “Party” or collectively as the “Parties” herein. Premise Number: WHEREAS, Customer-Generator purchased a premises with a Small Generator Facility, and the prior owner was a party to a Small Generator Interconnection Agreement dated as of the day of 20 (the “Prior Agreement”); and WHEREAS, the Prior Agreement terminated as of the date the previous owner conveyed the premises, and Customer-Generator desires to operate the Small Generator Facility under terms and conditions materially consistent with the Prior Agreement. When used in this Agreement, with capitalization, the terms specified shall have the meanings indicated or specified in the Agreement. 1. Interconnection. The request for Interconnection incorporated into the Prior Agreement, as approved by NorthWestern, is made part of this Agreement and incorporated herein as Attachment 1. 2. No Future Modifications to the Small Generator Facility. Customer-Generator agrees that, without prior written permission from NorthWestern, no modifications shall be made to the Small Generator Facility as initially approved by NorthWestern. NorthWestern’s review shall be completed within 10 business days of receipt of any request for modification. Any increase to the Small Generator Facility Nameplate Capacity requires a new request for Interconnection. Repair 151 ELECTRIC TARIFF Sheet No. R-18.23 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) and replacement of existing Small Generator Facility components with like components that meet the current versions of Underwriters Laboratories (UL) 1741 certification and Institute of Electrical and Electronics Engineers (IEEE) 1547 requirements for Level 1 facilities and not resulting in increases in Small Generator Facility Nameplate Capacity does not require approval. 3. Operating and Maintaining the Generation Facility. Customer-Generator shall operate and maintain the Small Generator Facility, at Customer-Generator’s sole cost and expense, in accordance with the requirements of Attachment 1 and the current version of IEEE 1547, the current version of UL 1741, the regulations of the Montana Public Service Commission (MPSC), NorthWestern’s approved tariffs, all other applicable local, state and federal codes and laws. Customer-Generator shall remain responsible for the Small Generator Facility through the point of Interconnection – the point where Small Generator Facility connects with the Electric Distribution System. 4. Permits and Approvals. Customer-Generator is responsible for obtaining all required permits and approvals for its Small Generator Facility. 5. Protection of the Small Generator Facility. Customer-Generator is responsible for protecting, at Customer-Generator’s sole expense, its Small Generator Facility from any condition or disturbance on the Electric Distribution System, including, but not limited to, voltage sags or swells, system faults, outages, loss of a single phase of supply, equipment failures, and lightning or switching surges, except that NorthWestern shall be responsible for repair of damage to the Small Generator Facility resulting solely from negligence or willful misconduct on the part of NorthWestern. 6. Electrical Isolation of the Small Generator Facility. The Small Generator Facility shall be capable of being manually isolated from the Electric Distribution System by means of an external, lockable, visible load break disconnect switch accessible by NorthWestern. The disconnect switch shall be installed, owned, and maintained by the Customer-Generator and located within 10 feet of Customer-Generator’s electric meter and shall be clearly marked “Generator Disconnect Switch” on a weather resistant placard. This switch shall be readily accessible to NorthWestern personnel at all times, and NorthWestern may lock this switch open whenever necessary to maintain safe electrical operating conditions. If the disconnect switch will be located farther than 10 feet away from the NorthWestern meter, written permission must be granted by NorthWestern and a weather resistant placard shall be mounted next to the meter indicating clearly where the disconnect switch is located. 152 ELECTRIC TARIFF Sheet No. R-18.24 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) 7. Metering. Any metering necessitated by the Small Generator Facility Interconnection shall be operated and maintained in accordance with applicable tariffs. 8. Not Used. 9. Inspection. NorthWestern reserves the right to inspect the Small Generator Facility before and after Interconnection approval is granted by NorthWestern, at reasonable hours and with reasonable prior notice provided to the Customer-Generator. 10. Not Used. 11. No Warranty. By entering into this Agreement, or by inspection or witness test, if any, or by non- rejection, or by approval, or in any other way, NorthWestern does not give any warranty, express or implied, as to the adequacy, safety, compliance with applicable standards, codes, or requirements, or as to any other characteristics of the Small Generator Facility and related equipment. 12. Access. NorthWestern shall have access to the metering equipment of the Small Generator Facility and the isolation device required under Section 6 of this Agreement at all times. NorthWestern will provide reasonable notice to the Customer-Generator when possible prior to accessing the Small Generator Facility. 13. Temporary Disconnection. NorthWestern may temporarily disconnect the Small Generator Facility upon the following conditions: a. For scheduled outages; b. For unscheduled outages or emergency conditions, such as a safety hazard to the Electric Distribution System, NorthWestern’s personnel or to the general public; or c. If the Small Generator Facility does not operate in the manner consistent with the terms and conditions of this Agreement. In the case of a scheduled outage, NorthWestern shall make reasonable efforts to inform the Customer-Generator of the planned outage in advance of disconnection. In the case of an 153 ELECTRIC TARIFF Sheet No. R-18.25 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) unscheduled outage, NorthWestern will provide to the Customer-Generator, upon request, a written report explaining the reasons for the disconnection. 14. Indemnification and Limitation of Liability. a. General Indemnification. This provision protects each Party from liability incurred to third parties as a result of carrying out the provisions of this Agreement. Each Party (each an “Indemnifying Party”) shall at all times indemnify, defend, and hold the other Party (each the “Indemnified Party”) harmless from, any and all damages, losses, claims, including claims and actions relating to injury to or death of any person or damage to property, demand, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from the Indemnifying Party’s action or failure to meet its obligations under this Agreement, except in cases of gross negligence or intentional wrongdoing by the Indemnified Party. b. Limitation of Liability. Each Party’s liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall either Party be liable to the other Party for any indirect, special, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability. 15. Taxes. The Parties agree to follow all applicable tax laws and regulations, consistent with Internal Revenue Service requirements. 16. Term and Termination. This Agreement shall become effective on the Effective Date and shall remain in effect for a period of 10 years from the Effective Date or such other longer period as the Customer-Generator may request. At the expiration of the term, this Agreement will automatically renew for successive one-year periods, unless terminated in accordance with this Section 16. This Agreement may be terminated: a. By the Customer-Generator at any time by providing written notice to NorthWestern; 154 ELECTRIC TARIFF Sheet No. R-18.26 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) b. By NorthWestern if the Small Generator Facility fails to operate for any consecutive 12- month period; c. By either Party upon the occurrence of a material breach of this Agreement; provided the defaulting Party is provided a reasonable opportunity to cure the violation after receipt of written notice of the default; or d. Automatically upon Customer-Generator’s sale or transfer of ownership of the Small Generator Facility, provided that the Agreement will survive the transfer of ownership if a new owner agrees in writing to assume contractual responsibility utilizing the form set forth in Attachment 2. Upon termination, NorthWestern may disconnect the Small Generator Facility from the Electric Distribution System. All reasonable disconnection costs are the responsibility of the Customer- Generator. NorthWestern will not disconnect the Small Generator Facility if a subsequent owner assumes contractual responsibility pursuant to the form set forth in Attachment 2 or a separate agreement. 17. Survival Rights. This Agreement shall continue in effect after termination to the extent necessary to allow or require either party to fulfill rights or obligations that arose under the Agreement during Customer-Generator’s operation of the Small Generator Facility. 18. Governing Law, Regulatory Authority, and Dispute Resolution. The validity, interpretation, and enforcement of this Agreement and each of its provisions shall be governed by the laws of the State of Montana, without regard to its conflicts of law principles. Interconnection disputes under this Agreement will be resolved in accordance with ARM 38.5.8413. 19. Representatives: For the Customer-Generator: ________________________ ________________________ ________________________ ________________________ 155 ELECTRIC TARIFF Sheet No. R-18.27 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) For NorthWestern: NorthWestern Energy Interconnection Coordinator 11 East Park Street Butte, Montana 59701 20. Miscellaneous. This Agreement may not be assigned by the Customer-Generator without the written consent of NorthWestern provided, however, that this Agreement may be assigned to and assumed by a new Customer-Generator utilizing the form attached to this Agreement as Attachment 2. The Parties may amend this Agreement by a written instrument duly executed by both Parties. The failure of a Party to this Agreement to insist, on any occasion, upon strict performance of any provision of this Agreement will not be considered a waiver of any obligation, right, or duty of, or imposed upon, such Party. This Agreement constitutes the entire agreement between the Parties with reference to the subject matter hereof, and supersedes all prior and contemporaneous understandings or agreements, oral or written, between the Parties. If any provision or portion of this Agreement shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction or other governmental authority, such portion or provision shall be deemed separate and independent, and the remainder of this Agreement shall remain in full force and effect. This Agreement may be executed in two or more counterparts, each of which is deemed an original but all constitute one and the same instrument. 21. Signatures. In witness whereof, the Parties have caused this Agreement to be executed by their respective duly authorized representatives. NorthWestern: Customer-Generator: Name:___________________________ Name:______________________________ (Print) (Print) Title:____________________________ Title: (if applicable)_____________________ Signature:___________________________ Signature:__________________________ Date:_______________________________ Date:______________________________ 156 ELECTRIC TARIFF Sheet No. R-18.28 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) Attachment 1 (Approved Request of Prior Agreement) (Intentionally Blank – Project Specific) 157 ELECTRIC TARIFF Original Revised Sheet No. R-18.29 Canceling Revised Sheet No. R-18.29 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT (continued) Attachment 2 Assignment and Assumption Agreement Level 1 Small Generator Facility Interconnection Agreement This Assignment and Assumption Agreement (“Assignment”) is made and entered into by and between (“Customer-Generator”) and (“Purchaser”). RECITALS: WHEREAS, Customer-Generator owns a Small Generator Facility located at _______________ (the “Property”), and operates the same pursuant to a Small Generator Facility Interconnection Agreement dated the ____ day of ________ 20__ (the “Agreement”) with NorthWestern Corporation, a Delaware corporation d/b/a NorthWestern Energy; and WHEREAS, Customer-Generator desires to assign, and Purchaser desires to receive and accept, all rights and obligations under the Agreement. AGREEMENT: 1. When used in this Assignment, with capitalization, the terms specified shall have the meanings indicated or specified in the Agreement. 2. Assignment. Customer-Generator assigns all rights and interest in the Agreement to Purchaser. 3. Assumption. Purchaser assumes the Agreement, acknowledges receipt of a copy thereof, and agrees to comply with the requirements set forth therein. Purchaser does not assume any liability for acts or omissions of Customer-Generator accruing prior to the effective date of this Assignment. Upon assignment of the Agreement, Purchaser shall be referred to as the “Customer-Generator”. 4. Effective Date. This Assignment is effective the later of: (i) Customer-Generator’s conveyance of title to the Property to Purchaser; or (ii) NorthWestern’s acknowledgment. This Assignment may be executed in one or more counterparts, including by signature pages delivered in electronic format, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 158 ELECTRIC TARIFF Original Revised Sheet No. R-18.30 Canceling Revised Sheet No. R-18.30 Rule No. 18 LEVEL 1 SMALL GENERATOR FACILITY INTERCONNECTION AGREEMENT Customer-Generator: Purchaser: Name: _______________________________ Name: _______________________________ (Print) (Print) Title: (if applicable): ____________________ Title: (if applicable): ____________________ Signature:_____________________________ Signature:_____________________________ Date:_________________________________ Date:_________________________________ Acknowledgment: NorthWestern Energy Name: _______________________________ Title: ________________________________ Date: ________________________________ 159 Memorandum REPORT TO:City Commission FROM:Kesslie Carlson-Ham, Sustainability Program Analyst Natalie Meyer, Sustainability Program Manager Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Software as a Service Agreement with THG Energy Solutions for City Facility Utility Tracking Software Services MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Software as a Service Agreement with THG Energy Solutions for City facility utility tracking software services. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:The City of Bozeman is upgrading its municipal utility tracking and carbon accounting software services to enhance energy management and increase operational transparency within City facilities. With over three hundred utility accounts, utility tracking software will improve the City of Bozeman’s ability to more efficiently measure, monitor, and verify utility usage in one platform. Implementing utility tracking supports the goals of the 2020 Bozeman Climate Plan by increasing energy efficiency at City facilities (Action 1.A.3) and by using data and price signals to advance energy efficiency (Action 1.A.2). The Sustainability Division selected THG Energy Solutions to integrate all natural gas and electric City utility accounts into one online platform, providing the most up-to-date utility usage and cost data, reporting and visualization, facility benchmarking, and comparison grouping. Access to utility data will be streamlined for selected user groups for department- focused access allowing for ease of communication, reporting, and delivery of usage and billing anomaly alerts. THG Energy Solutions enables custom carbon emission factors to accurately report carbon emissions at a facility level and allow for integration with Energy Star Portfolio Manager to benchmark major City buildings. Fifteen- minute interval electricity usage data will be made more readily available through the platform for the five highest usage facilities, allowing for a level of data granularity that can be used to improve operational processes and 160 monitor the outcomes of facility improvements and retrofits. THG Energy Solutions will enable future integration of City facility water and waste utility accounts, utility sub-metering, on-site solar production data, and energy demand response management. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:The three-year service agreement includes a one-time set-up fee of $8,650 and an annual service fee of $22,860. Sufficient funding is available within the Sustainability Division's approved 2025 Biennium Budget for software services. Attachments: SaaS_Utility Tracking Software Services_THS.pdf Report compiled on: November 7, 2024 161 Software as a Service Agreement This Software as a Service Agreement (“Agreement”), is made and entered into this 1st day of October, 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 THG Energy Solutions, LLC a Texas limited liability company with a mailing address of 811 Trinity, Suite B Austin, TX 78701, hereinafter referred to as “Provider.” The City and Provider may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the Parties hereto agree as follows: 1. Definitions. a. “Aggregated Statistics” means data and information related to the City's use of the Services that is used by Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. b. “Authorized User” means the City's employees, consultants, contractors, and agents (i) who are authorized by the City to access and use the Services under the rights granted to the City pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. c. “Confidential Information” means, subject to Montana’s Open Records Law, all written or oral information, disclosed by either Party to the other, related to the operations of either Party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential. With respect to the City, Confidential Information must also include any and all information transmitted to or stored by Provider in connection with performance of its obligations under this Agreement, including, but not limited to, personally identifiable information (“PII”) of residents, employees or people included within the City’s data, including name, address, phone number, e-mail address, date of birth, social security number, patient records, credit card information, driver’s license number, account numbers, PINs and/or passwords, any other information that could reasonably identify a person, and products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, and whether or not marked, designated, or otherwise identified as “confidential.” Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party without reference to or use of the disclosing Party’s Confidential Information. 162 - page 2 of 16 - d. “City's Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of the City or an Authorized User through the Services, including, without limitation, the City's meter data and other energy data related to the City's facilities located in the State of Montana. This information, data, and content may also include that which is considered Confidential Information. e. “Data Incident” means a material breach of the City or the Provider’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the City’s Data through the Services licensed to the City by the Provider. f. “Documentation” means Provider’s user manuals, handbooks, and guides relating to the Services provided by Provider to the City either electronically or in hard copy form/end user documentation relating to the Services. g. “Intellectual Property Rights” or “IP Rights” means any and all rights that may exist under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, whether or not such rights are registered or perfected. h. “Provider IP” means the Services, the Documentation, and any and all intellectual property provided to the City or any Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider’s monitoring of the City's access to or use of the Services, but does not include the City's Data. i. “Services” means the on premise software-as-a-service license described in the Scope of Services. See attached Exhibit A. 2. Purpose. City agrees to enter into this Agreement with Provider to perform for the City the Services described in the Scope of Services, incorporated into this Agreement and attached as Exhibit A. 3. Term and Termination. a. Term. The initial term of this Agreement begins on the Effective Date and, unless terminated earlier pursuant to this Agreement’s express provisions, will continue in effect for __36____ months from such date (the “Initial Term”). This Agreement will automatically renew for additional successive one (1) year terms unless earlier terminated pursuant to this Agreement’s express provisions. The Parties may extend this Agreement for three (3) additional one (1) year terms. b. Notice of Non-Renewal. A Party to this Agreement gives the other Party written notice of non-renewal at least thirty (30) days prior to the expiration of the then-current term (each a “Renewal Term” and together with the Initial Term, the “Term”). c. Termination. 163 - page 3 of 16 - i. Provider may terminate this Agreement, effective on written notice to the City if the City: 1) fails to pay any amount when due hereunder, and such failure continues more than sixty (60) days after Provider’s delivery of written notice thereof; or 2) breaches any of its obligations under Paragraph 6 of this Agreement ii. Any Party to this Agreement may terminate their obligations under this Agreement, effective on written notice to the other Parties, if another Party materially breaches this Agreement, and such breach: 1) is incapable of cure; or 2) being capable of cure, remains uncured sixty (60) days after the non-breaching Party provides the breaching Party with written notice of such breach; or iii. Any Party to this Agreement may terminate this Agreement, effective immediately upon written notice to the other Parties, if the other Party: 1) becomes insolvent or is generally unable to pay or fails to pay its debts as they become due; 2) files or has filed against it a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; 3) makes or seeks to make a general assignment for the benefit of its creditors; or 4) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. d. Expiration. Provider must notify the City 90 days in advance of this Agreement’s expiration date. e. Effect of Expiration or Termination. No expiration or termination will affect the City's obligation to pay all Fees that may have become due before such expiration or termination or entitle the City to any refund. 4. Scope of Services. Provider must perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, this Agreement governs. Provider agrees to be bound by its responses to the City’s Cloud Questionnaires, incorporated into and attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Provider’s performance. 5. Access and Use. a. Provision of Access to Services. Subject to and conditioned on the City's payment of fees and compliance with the terms and conditions of this Agreement, Provider grants the City a non-exclusive, non-transferable license to the Services during the Term. This license to the Services is solely for use by the City and its Authorized Users and must be accessed and used in accordance with the terms and conditions set forth in this Agreement. Unless otherwise agreed upon and detailed in the Scope of Services, such access and use is 164 - page 4 of 16 - limited to the City's internal use. If applicable, Provider must provide to the City the necessary passwords and network links or connections to allow the City to access the Services. b. Documentation License. Subject to the terms and conditions contained in this Agreement, Provider grants to the City a non-exclusive, non-sublicensable, non- transferable license to use the Documentation during the Term solely for the City's internal business purposes in connection with its use of the Services. c. Designated Authorized Users. The City may designate the number of Authorized Users permitted to access the Services. d. Reservation of Rights. Provider reserves all rights not expressly granted to the City in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to the City or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP. e. Suspension. Notwithstanding anything to the contrary in this Agreement, Provider may temporarily suspend the City's and any Authorized User’s access to any portion or all of the Services if: i. Provider reasonably determines 1) there is a threat or attack on any of the Provider IP; 2) the City's or any Authorized User’s use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other Customer or vendor of Provider; 3) the City, or any Authorized User, are using the Provider IP for fraudulent or illegal activities; or 4) Provider’s provision of the Services to the City or any Authorized User is prohibited by applicable law; ii. any vendor of Provider has suspended or terminated Provider’s access to or use of any third-party services or products required to enable the City to access the Services; or iii. in accordance with Section 5(a)(iii) (any such suspension described in sub-section (i), (ii), or (iii), a “Service Suspension”). Provider must use commercially reasonable efforts to provide written notice within five (5) business days prior to any planned Service Suspension to the City and provide updates regarding resumption of Services following any Service Suspension. Provider must use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Provider may be subject to liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that the City or any Authorized User may incur as a result of a Service Suspension. f. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Provider may monitor the City's use of the Services, and collect and compile Aggregated Statistics. As between Provider and the City, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. The City acknowledges that Provider may compile Aggregated Statistics based on the City's Data input into the Services. The City agrees that Provider may: 1) make 165 - page 5 of 16 - Aggregated Statistics publicly available in compliance with applicable law, and 2) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify the City or the City's Confidential Information. 6. The City's Responsibilities. a. The City is responsible for all uses of the Services and Documentation resulting from access provided by the City, directly or indirectly. The City must use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services, and must cause Authorized Users to comply with such provisions. b. Unless otherwise agreed, the City is responsible for creating and modifying its data into the Services, and keeping the City’s data into the Services current and accurate. c. The City must reasonably cooperate with Provider’s performance of Professional Services. The City recognizes and agrees that performance of Professional Services is contingent upon the City’s cooperation and as set forth in Paragraph 7. d. The City may test the Provider’s Services in a live production environment to ensure that it conforms to the specifications set forth in this Agreement and all Exhibits. Upon acceptance, the City must pay the Provider in accordance with the Scope of Services. See attached Exhibit A. If the City determines that the Services do not meet the specifications set forth in this Agreement and all Exhibits, upon 60 days of receiving written notice of such deficiencies, the City may terminate this Agreement if the Provider does not cure the deficiencies. Provider must refund the City all sums already paid within five (5) business days. Such termination and refund does not bar the City from pursuing other remedies available under the Agreement or law. 7. Provider’s Obligations. To induce the City to enter into this Agreement, Provider makes the following representations: a. Provider has familiarized itself with the nature and extent of this Agreement, all exhibits including but not limited to the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Provider represents and warrants to the City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement must not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 166 - page 6 of 16 - c. Provider must ensure the Services delivered under this Agreement are adequately secure, and must provide a secure environment for all of the City’s Confidential Information, which may include, but is not limited to any hardware and software (including servers, network and data components) to be provided or used by the Provider as part of its performance under this Agreement. Provider represents that the security measures it takes in performance of its obligations under this Agreement are, and at all times will remain in compliance with all applicable laws and regulations governing Provider’s access to, use of, and handling of the City’s Data. d. If Provider creates a new version of the Services, it must make the new version available to the City at no additional cost. Provider must also provide the City with any additional features or functionalities of the Services that it may develop at no additional cost to the City. 8. Security. Provider must provide a secure environment for all of the City’s Confidential Information and any hardware and Software (including servers, network and data components) to be provided or used by Provider as part of its performance under this Agreement. Provider represents that the security measures it takes in performance of its obligations under this Agreement are, and will at all times remain in agreement with the industry’s minimum standards. Provider’s failure to comply with the industry’s minimum standards in fulfilling its obligations under this Agreement constitutes a breach of this Agreement. Additionally, Provider must contractually require any subcontractors or agents with access to the City’s Confidential Information to adhere to such Security Best Practices. 9. Indemnity/Waiver of Claims/Insurance. For other than professional services rendered, to the fullest extent permitted by law, Provider agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Provider; or (ii) any negligent, reckless, or intentional misconduct of any of the Provider’s agents. For the professional services rendered, to the fullest extent permitted by law, Provider agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Provider or Provider’s agents or employees. Such obligations must not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). 167 - page 7 of 16 - Provider’s indemnity under this Section must be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Provider to assert its right to defense or indemnification under this Agreement or under the Provider’s applicable insurance policies required below, the City must be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Provider was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Provider also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations must survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Provider must at Provider’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Provider in this Section. The insurance coverage must not contain any exclusion for liabilities specifically assumed by the Provider in this Section. The insurance must cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Provider must furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate; and • Cyber Liability - $1,500,000 per occurrence; $3,000,000 annual aggregate. The above amounts must be exclusive of defense costs. The City must be endorsed as an additional insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, Automobile Liability, and Cyber Liability policies. The insurance and required endorsements must be in a form suitable to City and must include no less than a thirty (30) day notice of cancellation or non-renewal. Provider must notify City within two (2) business days of Provider’s receipt of notice that any required insurance coverage will be terminated or Provider’s decision to terminate any required insurance coverage for any reason. 168 - page 8 of 16 - The City must approve all insurance coverage and endorsements prior to the Provider commencing work. 10. Audit Right. Provider must retain a certified public accounting firm to perform an annual audit of the Services’ data protection features and to provide a SOC 2 Type II report, pursuant to the current standards of the American Institute of Certified Public Accountants. In addition, Provider must annually conduct its own internal security audit and address security gaps. Provider must give the City a copy of the most current report from each audit conducted within five (5) business days of receiving the report. If requested by the City, Provider must, on a bi-annual basis, permit security reviews by the City on those systems storing or processing City Data, on Provider policies and procedures relating to the foregoing, including without limitation its information security programs, and permit testing of all security processes and procedures during the term, including without limitation, penetration testing. Provider or its nominee (including its accountants and auditors) may, on reasonable request, inspect and audit the City's use of the Services under this Agreement at any time during the Term. The City must make available all books, records, equipment, information, and personnel, and provide all such cooperation and assistance, as may reasonably be requested by or on behalf of Provider with respect to such audit. 11. General Use Restrictions. Copies of the Services created or transferred pursuant to this Agreement are licensed and may only be used as set forth in this Agreement. The City does not receive any rights to the Services other than those specifically granted in this Agreement and its incorporated exhibits. Other than what is expressly permitted by the terms of this Agreement, the City and its authorized users must not directly or indirectly copy or reproduce all or any part of the Services, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization, without Provider’s prior written permission. However, notwithstanding this restriction, the City has the right to reproduce and distribute any of the Services generated from the City’s Data. Without limiting the above restriction and right, the City receives no right to and must not: a. copy, modify, create derivative works from, distribute, publicly display, or publicly perform the Application; b. sublicense or otherwise transfer any of the rights granted to it in this Agreement and the Scope of Services; c. reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Application; d. remove any proprietary notices from the Services or Documentation; or e. use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. 12. Independent Contractor Status/Labor Relations. The Parties agree that Provider is an independent contractor for purposes of this Agreement and is not considered a City 169 - page 9 of 16 - employee for any purpose. Provider is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Provider is not authorized to represent the City or otherwise bind the City in any dealings between Provider and any third parties. 13. Resources and Support. Provider must, throughout the Term, make available such resources, including Provider personnel, as are reasonably required to: a. train designated employee(s) of the City in the use of the Services; b. support the obligations of the City provided in Paragraph 6; c. develop modifications to the Services as agreed to by the Parties in any exhibit attached to this Agreement; and d. Provider must provide technical support to the City as described in Exhibit A, Scope of Services, for the duration of this Agreement. 14. Transition Assistance. The Provider must provide transition assistance to the City when requested in writing. Upon termination of this Agreement for any reason, including but not limited to termination for cause, the Provider must assist the City in the orderly transition to a new Provider. The City must have access to the Provider’s system and the Provider’s support of that system for up to one (1) year following termination. In this instance, for up to one (1) year following termination, the City must pay the Provider at its then-current hourly rate(s). The Provider grants the City a perpetual right to use the Application and Object Code if any one of the following occurs: (a) Provider’s insolvency, bankruptcy, or involvement in an involuntary proceeding for protection of its creditors; (b) Provider materially breaches this Agreement and the City terminates the Agreement; (c) Provider fails to continue development of the Services; (d) Provider fails to provide the City with the most recent version of the Services contained in the Application; or (e) any other circumstance whereby Provider can no longer satisfy its obligation to provide Services to the State under this Agreement. 15. Limitation of Liability. The Provider's liability for contract damages is limited to direct damages. 16. Fees and Payment. Fees. The City must pay Provider the fees and make all payments as set forth in the Scope of Services, without offset or deduction. See attached Exhibit A. Any alteration or deviation from the described Services that involves additional costs above the Agreement amount will be performed by Provider only upon receiving a written request from the City. Any alteration or deviation from the Services will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing before Provider bills for any additional charges. All Fees and other amounts payable by the City under this Agreement are exclusive of taxes and similar assessments. The City is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by the City as set forth in this Agreement, other than any taxes imposed on Provider’s income. 170 - page 10 of 16 - 17. Confidential Information. a. From time to time during the Term, a Party to this Agreement may disclose or make available to the other Party Confidential Information, as defined in Section 1 of this Agreement, about its business affairs. The receiving Party must not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s Authorized Users who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations established in this Agreement. b. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required: i. in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order must first have given written notice to the other Party; ii. to establish a Party’s rights under this Agreement, including to make required court filings; or iii. to any Authorized User who may need to access Confidential Information in order to facilitate or execute the purpose of this Agreement. c. Unless otherwise required by law, each Party must not disclose Confidential Information to any other third party not otherwise identified in this agreement without the other Party’s prior written consent. Each Party’s obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date, and survive this Agreement and do not terminate. However, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. d. Each Party must protect Confidential Information with the same degree of care it uses to protect its own Confidential Information with of similar nature and importance, but with no less than reasonable care. Each Party agrees to promptly notify the other Party if there is a misuse or misappropriation of Confidential Information. 18. Intellectual Property Ownership; Feedback. a. Provider IP. The City acknowledges that, as between the City and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP. b. The City's Data. Provider acknowledges that, as between Provider and the City, the City owns all right, title, and interest, including all intellectual property rights, in and to the City's Data. The City grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the City's 171 - page 11 of 16 - Data and perform all acts with respect to the City's Data as may be necessary for Provider to provide the Services to the City. The City also grants to Provider a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display the City's Data incorporated within the Aggregated Statistics. Unless the City provides written consent, Provider must not access or use the City’s Data for any other purpose than as described in this Agreement. c. Feedback. If the City or any of its Authorized Users sends or transmits any communications or materials to Provider by mail, email, telephone, or otherwise, suggesting or recommending changes to the Provider IP, including without limitation, new features or related functionality, or any comments, questions, suggestions, or the like (“Feedback”), Provider may use the City’s Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. The City retains all right, title, and interest in the Feedback. 19. Data Location. Provider must implement and maintain reasonable procedures to not transfer the City’s Data outside of United States or the Provider’s location as identified in the first paragraph of this Agreement unless it receives the City’s prior written consent or unless the transfer is to the Provider’s data center and such transfer is necessary for the execution of the Services. 20. Access to Data. The City may access and copy any of the City’s Data in Provider’s possession at any time. Provider must reasonably facilitate such access and copying promptly after Customer’s request. In this instance, Provider may charge its reasonable standard fees for any such access and copying or for any fees related to the de-conversion of data. 21. Deletion of Data. Except as authorized by applicable law, Provider must not erase the City’s Data or any copy without the City’s prior written consent. 22. Data Incidents. Provider must implement and maintain a program for managing unauthorized disclosure of, access to, or use of the City’s Data. In case of a Data Incident, Provider must notify the City, in writing or by phone, within 72-hours of the incident. Provider must cooperate with the City and law enforcement agencies to investigate and resolve the Data Incident, including but not limited to providing reasonable assistance to the City in notifying injured third parties. In addition, if the Data Incident results from Provider’s breach of this Agreement or negligent or unauthorized act or omission, Provider must compensate the City for any reasonable expense related to notification of customers and provide one year of credit monitoring to any affected individual. Provider must give the City prompt access to such records related to a Data Incident. 23. Functional Warranty. Provider warrants that the Application and Services, including any modifications that are made by Provider or under Provider’s instructions do not contain any material defects, and will conform in all material respects to the specifications, functions, descriptions, standards and criteria set forth in the Agreement, its Exhibits, and the Documentation, which are all incorporated herein by reference. Provider further warrants that all post-Acceptance updates, alterations, or modifications to the Services will not materially diminish the features or functionality of the Application and Services. Provider must promptly correct any errors identified by the City in the Application and in any modification to the Application at no cost 172 - page 12 of 16 - to the City. If, Provider is unable to correct such errors within 30 days following notification by the City, then Provider must at the City’s request accept return of the Application and return all money paid for the Application and maintenance. The City may also pursue any other remedies available to it under this Agreement or by law or equity. 24. Virus Warranty. Provider warrants that it has used commercially reasonable efforts to ensure against introduction of any virus into the City’s systems. Provider must immediately advise the City, in writing, upon reasonable suspicion or actual knowledge that the Services may contain a Virus. If a Virus is found to have been introduced into the City’s systems by the Services within 30 days after the Effective Date of this Agreement, Provider must repair or replace the Services within ten (10) business days. If Provider cannot accomplish the foregoing within such time, then the City must discontinue use of the Services, and Provider must refund all money paid for the Services and maintenance as set forth in the Scope of Services. See Exhibit A. Provider must use all reasonable commercial efforts, at no additional charge, to assist the City in reducing the effects of the Virus and, if the Virus causes a loss of operational efficiency or loss of data, to assist the City to the same extent to mitigate and restore such losses. In addition, Provider must indemnify, defend and hold the City harmless from any claims, suits, damages, liabilities, losses, and reasonable attorney fees resulting from any such Viruses. 25. Remedy for When Services are Subject of a Claim. If any Services furnished are likely to or does become the subject of a claim of infringement of a third party’s IP Rights, then the Provider may request the City accept an alternative Service and the City may agree to one of the following alternative Services: 1) procure for the City the right to continue using the alleged infringing Services; 2) modify the Service so that it becomes non-infringing; 3) or replace it with one that is at least functionally equivalent. If the Provider is unable to any of the above three remedies, or if the use of the Services by the City is prohibited by an injunction, temporary restraining order, or other court order, the City must return the Services to the Provider within five (5) days of receiving Provider’s request in writing. The Provider must then give the City a credit equal to the amount paid to the Provider for the creation of the Services. The City is not precluded from seeking other remedies available agreed upon in this Agreement or in equity or law for any damages it may sustain due to its inability to continue using the Services. The Limitations of Liability set forth in Paragraph 15 of this Agreement does not apply to Provider’s obligations under this Section and the City’s right to seek additional remedies arising from Provider’s ‘infringement of a third party’s IP Rights. 26. Representatives and Notices. a. City’s Representative. The City’s Representative for the purpose of this Agreement must be: Natalie Meyer, Sustainability Program Manager email: nmeyer@bozeman.net, or such other individual as City must designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission must be directed to the City’s Representative and approvals or authorizations must be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Provider may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. 173 - page 13 of 16 - b. Provider’s Representative. The Provider’s Representative for the purpose of this Agreement must be: THG Energy Solutions, LLC 811 Trinity Suite B Austin TX 78701 Atten: Daniel M. Frey President email:DMFrey@THGEnergy.com or such other individual as Provider must designate in writing. Whenever direction to or communication with Provider is required by this Agreement, such direction or communication must be directed to Provider’s Representative; provided, however, that in exigent circumstances when Provider’s Representative is not available, City may direct its direction or communication to other designated Provider personnel or agents. c. Notices. All notices required by this Agreement must be in writing and must be provided to the Representatives named in this Section. Notices must be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email (with a successful transmission report) to the email address provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 27. Miscellaneous. a. Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related Exhibits, including the Cloud Services Questions, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: 1) this Agreement, excluding its Exhibits; 2) the Exhibits to this Agreement as of the Effective Date; and 3) any other documents incorporated herein by reference. b. Permits. Provider must provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. c. Laws and Regulations. Provider must comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. d. Nondiscrimination and Equal Pay. Provider agrees that all hiring by Provider of persons performing this Agreement must be on the basis of merit and qualifications. Provider will have a policy to provide equal employment opportunity in accordance 174 - page 14 of 16 - with all applicable state and federal anti-discrimination laws, regulations, and contracts. Provider will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. Provider must be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Provider represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Provider must report to the City any violations of the Montana Equal Pay Act that Provider has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Provider must require these nondiscrimination terms of its subcontractors providing services under this Agreement. e. Force Majeure. In no event must a Party to this Agreement be liable to another Party, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond one Party’s reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. f. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training. Provider must not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Provider acknowledges it is aware of and must comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. The City must have the right to request proof of such compliance and Provider must be obligated to furnish such proof. The Provider must be responsible for instructing and training the Provider’s employees and agents in proper and specified work methods and procedures. The Provider must provide continuous inspection and supervision of the work performed. The Provider is responsible for instructing its employees and agents in safe work practices. g. Modification and Assignability. This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Provider may not subcontract or assign Provider’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any 175 - page 15 of 16 - subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. h. Reports/Accountability/Public Information. Provider agrees to develop and/or provide documentation as requested by the City demonstrating Provider’s compliance with the requirements of this Agreement. Provider must allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Provider pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Provider must not issue any statements, releases or information for public dissemination without prior approval of the City. i. Non-Waiver. A waiver by either Party of any default or breach by the other Party of any terms or conditions of this Agreement does not limit the other Party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. j. Attorney’s Fees and Costs. In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice must be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. k. Taxes. Provider is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. l. Dispute Resolution. i. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives must be resolved first by negotiation between senior-level personnel from each Party duly authorized to execute settlement agreements. Upon mutual agreement of the Parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. ii. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. m. Survival. Provider’s indemnification must survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. n. Headings. The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. o. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance thereof must continue in effect. 176 - page 16 of 16 - p. Applicable Law. The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. q. Binding Effect. This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. r. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. s. Integration. This Agreement and all Exhibits attached hereto constitute the entire agreement of the Parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the Parties. There are no understandings between the Parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. t. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. u. Consent to Electronic Signatures. The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date. PROVIDER: THG Energy Solutions, LLC City of Bozeman By:_______________________________ Name: ____________________________ Title: _____________________________ By:_______________________________ Name: ____________________________ Title: _____________________________ 177 THG Energy Solutions | September 2024 THG ENERGY: SERVICE PROPOSAL SUMMARY City of Bozeman: Carbon Accounting with Data Management & Energy Reporting Solutions Proposal Overview: Energy Intelligence Suite (EIS) with Sustainability Reporting THG’s proposal includes software and services to simplify and streamline best practices for energy management and provide standardized energy information across meters, facilities, and aggregated groups of sites and business units. The standardized logic for data collection and management that THG provides lends itself to easier adoption of more involved energy and sustainability strategies; from the top levels of the business, down to granular site-level operations. As a part of this initial scope, THG will work with the City of Bozeman to identify target commodities and facilities and automate the collection of data from metered locations and associate all key metrics at the meter and account levels. Those meters and accounts can be grouped and filtered for reporting purposes. THG will also leverage the data made available through data collection to equip the client with metrics required for GHG management and broader ESG reporting. Information and reporting structures will be made available via THG’s SaaS platform for specified locations and groups to provide appropriate visibility to stakeholders. Data made available in the platform can also be included in internal and/or other client-identified 3rd party systems via API. Examples of Customer Account Aggregation and Hierarchy is included on final page. Proposed Services and Pricing Summary THG takes utility data management seriously and we work hard to be as specific as possible when outlining our suggested approach. We built the following structured pricing options that we felt makes the most sense based on our almost 20 years of experience. Per our conversation, Bozeman estimates there are 315 meters for initial data collection, and THG will be working with City of Bozeman to manage ENERGY STAR Portfolio Manager data updates for 18 buildings. THG will also be collecting data for 5 IDR meters. THG’s draft proposal is for data services and support for the following: -EIS Data Set Up & Collection -Sustainability Reporting Services -ENERGY STAR Portfolio Manager -IDR Meter Data Management Exhibit A to Software as a Service Agreement 178 THG Energy Solutions | September 2024 Standard Fees for Implementation and Ongoing Support Pricing totals in the tables below are based on the information THG has been provided with to date. Final pricing will be based on Client feedback and formally agreed upon approaches and solutions. Cost Breakdown Summary for Initial Proposal Energy Intelligence Suite: Enterprise Solution One-Time Fees Item Qty. $/Unit One-Time Total EIS Set-Up + History (per Utility Service Account; "USN")1 315 20.00 $ 6,300 IDR Set Up 5 20.00 $ 100 ENERGY STAR Portfolio Manager Set Up 18 125.00 $ 2,250 One-Time Summary $ 8,650 Monthly Support Fees Item Qty. $/Unit Monthly Costs Electronic processing per Commodity USN - Domestic US 300 3.50 $ 1,050 Manual processing per Commodity USN - Domestic US2 15 8.00 $ 120 IDR Meter Data Collection 5 20.00 $ 100 ENERGY STAR Portfolio Manager Commodity Reporting *assuming 3 per facility 54 2.50 $ 135 ESG/Carbon Accounting Reporting Module4 1 500 $ 500 Monthly Estimated Total $ 1,905 Assumptions: 1Historical includes as much as utility provider makes available to THG per data source (12-24 months) 2Manual bills can be client supplied or THG can be added to distribution list. (emailed, scanned .PDFs, snail mail) 3THG can ingest pre-formatted, client-keyed bill data into templates and dropped into an SFTP site to be processed by THG with bill copy. *Note that we are willing to amortize set up fees at $25/meter over 36 mo. period. ($0.70 adder per meter/month) THG invoices for the first full year unless other payment schedules are agreed upon. **Note that we do not offer monthly invoicing for less than $5,000. THG can offer project management for ENERGY STAR Portfolio Manager at hourly rates for support around annual auditing and disclosures, data clean up, and facility creation. 179 THG Energy Solutions | September 2024 Standard Pricing for Premium Services: Timeline for Execution - Approximately 95 days for onboarding account & meter set-ups Solution Details: Sustainability Reporting THG Energy Solutions provides utility data management services that follows the Greenhouse Gas Protocol to align customers with credible emissions reporting requirements for Scope 1 and Scope 2 emissions. We automate a data processing strategy to track emissions for multi-facility portfolios with accurate, transparent, and timely reporting requirements. For Scope 2, THG Energy Solutions offers grid-average emissions by tying EPA eGRID databases to processed utility bill data. For customers with more ambitious carbon reduction goals, we also offer tools to track emissions related to purchasing decisions related to different grid electricity products, such as RECs, PPAs, and unique supplier-specific emissions products. Our carbon emissions tools automatically convert utility bill usage into metric tons of carbon dioxide equivalents (MT C02e) for Scope 1 & Scope 2 emissions that can be viewed in aggregate, as well as down to the facility-level. Emissions reporting methodology mirrors EPA’s ENERGY STAR Portfolio Manager, which was designed to be consistent with the Greenhouse Gas Protocol developed by the World Resources Institute and World Business Council for Sustainable Development. As such, the reporting protocol is compatible with the accounting, inventory and reporting requirements of Environmental Protection Agency’s Climate Leaders program. The tool calculates GHG emissions – Carbon Dioxide, Methane and Nitrous Oxide – from both fossil fuel consumed on-site (direct emissions), as well as GHG emissions generated off-site at power plants that deliver heat, cooling or electricity to the building (indirect emissions) using EPA’s eGRID reporting data. The Sustainability report gives users the ability to record, track, and communicate the GHG emissions associated with the energy use of their building portfolios. The tool can report GHG data by site, region, or division levels – essentially, the reporting capabilities are based on the corporate hierarchy/tree-structure the customer chooses. 180 THG Energy Solutions | September 2024 Automated Data Collection and Computerized Bill Validation Whenever possible, THG electronically gathers and aggregate utility bill data from utility providers and suppliers. Whenever we can’t obtain accounts electronically, we employ manual methods, including billing redirection and email distribution lists. Machine learning technology delivers every data point on the bill along with the original bill image. We offer several ways to display and track line-item detail, ranging from reporting software graphics, database reporting tables, and an API. See Appendix for screenshot examples. THG collects all the billing determinants as outlined in the final work order, if the billing determinants appear on the utility bills. Example categories for usage/cost reporting are below: a) Commodity Volume (usage) b) Transport Volume (usage) c) Weather Normalized Usage d) Demand (Actual & Billed) e) Commodity Costs; Energy vs. Capacity f) Delivery Costs (T&D) a. Subcomponent of Demand Charges if available g) Other Costs h) Taxes i) Total Charges THG’s metric-based utility invoice validation comes standard as a basic service for all invoices it processes. The 35- point inspection is a computerized, automated process designed to identify potential operational outliers and service provider errors. Data checks include: • Best practices: valid due date, service period, gaps or overlaps in service dates, facility location, unique invoice number, valid meter number. • Performance metrics: cost & usage vs.: last year, estimated, and historical maximum. • Load factor parameters and demand metrics (electricity invoices only). If variances are outside of tolerance levels, the system will flag the invoice and an alert will be available next time the user logs onto the portal, whenever a report is generated for the particular account for that month, or if the user configures their settings to be automatically notified audit alerts via email. Clients can use standard or they can set their own validation tolerance levels. See figure below illustrating some of the metric validations, as well as typical screens a user may see when logging into the portal. Results of each bill validation will be tied to each invoice, so there is always a record of the audit for future reference. Security THG has successfully completed a SOC 2® - SOC Type 2 Report for Service Organizations: Trust Services Criteria. This is a report on Controls at a Service Organization Relevant to Security, Availability, Processing Integrity, Confidentiality or Privacy These reports are intended to meet the needs of a broad range of users that need detailed information and assurance about the controls at a service organization relevant to security, availability, and processing integrity of the systems the service organization uses to process users’ data and the confidentiality and privacy of the information processed by these systems. These reports play an important role in: • Oversight of the organization • Vendor management programs • Internal corporate governance and risk management processes • Regulatory oversight 181 THG Energy Solutions | September 2024 Other Differentiators THG Energy: More than software and hardware. While navigating the sea of utility data and demand side management opportunities, we understand how easy it can be to lose track of the big picture. We’ve seen it with other solutions. THG seeks to present the best value from the end-user’s perspective. Rather than building a software company, we have focused on building our team with energy experts who understand data, electricity markets, and who can make suggestions around priorities, goals, and new opportunities. At our core, we find the most practical solutions for market participation. This includes leveraging: • Electronic/automated data acquisition vs. manual processes • Using existing real-time data from submetering (house meters) vs. installing new metering hardware • Market signals to allow customers to independently manage Peak Load Contribution/capacity tags and coincident peak load vs. sharing benefits with third parties (unless there’s no other way). Data Build Out: custom grouping/naming options Site-Level Business Unit Enterprise City Office Space HR Office City Gov.Vehicle Shop Public Services Rec Center Transportation Hierarchy and Grouping Examples Meter 1 Meter 1 Meter 1 182 Exhibit B to Software as a Service Agreement Cloud Services Questions- THG Responses 1) Service Levels: What level of service should we expect? What is the City’s recourse for excessive downtime? Refund of percentage of monthly fee? THG Response: THG shall maintain monthly operating statistics on Customer facing EIS system uptime and latency. THG shall make these statistics available to Client upon request. • THG shall maintain 98% uptime (no more than 3 hours per month of downtime) during operating hours of 7:00 AM to 7:00 PM Central Time. To the extent that maintenance during operating hours is necessary which is anticipated to impact uptime for more than thirty minutes, THG shall notify users in advance. • THG shall monitor system latency (response time for screen refresh and response) for all user activities. Monthly reporting monitors number of queries, query type, and function. o 90% of queries shall respond within 10 seconds o 95% of queries shall respond within 20 seconds o 99% of queries shall respond within 30 seconds • To the extent that THG violates any of the above system and uptime performance SLA’s for any given month, THG shall notify the client of such event and shall provide an explanation and mitigation plan for addressing such violations going forward. If THG fails to address such violations with a mitigation plan, and incurs violations for more than 3 consecutive months, THG shall refund five percent per occurrence, capped at twenty percent of client’s basic service costs during the period in which such performance violations occurred. • These System and Uptime Performance SLAs shall be further subject to standard events of Force Majeure. 2) Data Ownership: Who owns the data we provide and what can be done with the data? THG Response: THG acknowledges that client will maintain ownership of data collected. Data THG collects and makes available in the portal can be used within portal for standard reports, and is able to be exported in a variety of ways to accommodate data needs outside of the portal as well. Client will have access to their data should the business relationship end. 3) ADA Compliance: If your proposed services include websites, they must be ADA compliant as defined by WCAG (Web Content Accessibility Guidelines) standards. THG Response: The EIS system includes a web interface that is undergoing an update and will include WCAG standards once complete in 6-12 months. Please note that the web interface is not a public website, so therefore may not fall under ADA requirements. 183 4) Data Security: How secure is our data and how is it being kept secure? a. If this is a multi-tenant environment on the same hardware how is our data kept separate and secure from other customers, including any PII (Personally Identifiable Information) that may be gathered? THG Response: The environment is multi-tenant. All data is keyed to individual customers with access granted using hierarchical roles and permissions to prevent any cross-over access by other system users. b. If PII is gathered, is it encrypted in transit and at rest? THG Response: Yes. c. If credit card transactions are occurring is your system fully PCI compliant? THG Response: N/A 5) Data Integrity: What do you do as a vendor to ensure our data maintains its integrity? THG Response: On ingestion, we have metric-based validations of all data prior to acceptance. Stored data is encrypted and backed up at least daily and retained offsite for up to six months. 6) We require data centers to be located in the United States: What country will our data be located in? THG Response: United States 7) Responding to legal demands to disclose data: What is your process when someone subpoenas or requests our data from you as a vendor? THG Response: THG does not share customer data without customer permission except to comply with legally valid law enforcement orders. Any customer requirements regarding law enforcement orders will also be met except where they obstruct THG from meeting its own legal obligations. 8) Reporting: What is your protocol for data breaches? THG Response: THG initiates its Incident Response Procedure immediately, taking steps to preserve evidence, contain and eradicate the incident, recover from any effects, and prevent recurrence. Customers are notified within 72 hours of breach discovery. 9) Disaster Recovery: What protections/protocols do you have in place to mitigate disasters? THG Response: THG staff are all capable of full remote work in case of regional disasters. Customer- facing systems are hosted in fully secured data centers with redundant power and network resources. A geographically separated cold site is ready for full system recreation. System backups are created at least daily and retained for at least 30 days, with data and critical backups retained for six months. 10) Business Continuity/Exit: If you decide to bring your business to an end or we end our relationship what happens to our data? If you give us a copy of our data, what format options will there be for our data and what assistance will you provide getting our data to us? 184 THG Response: Data will be made available in either a series of files exported or delivered via FTP, or API in commonly used formats- csv, xls, etc. 11) Termination rights and consequences: What is your termination policy both for you as a vendor and us as a customer? THG Response: In the event of termination for any reason, Client shall pay THG for any component of the System that has been licensed or for all Services performed up to and including the termination date; and THG shall provide such license or Services already paid for by Client, unless Client fails to comply with the provisions as outlined and agreed upon in the fully executed contract. Questionnaire Completed by:______Kathryn Becht___ Date:___9/20/24_____ 185 Memorandum REPORT TO:City Commission FROM:Gail Jorgenson, GIS Program Manager Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Master Task Order Agreement with Sanbell for On-call GPS Data Collection Services, and Subsequent Task Orders Within Budget MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Master Task order Agreement with Sanbell for On-Call GPS Data Collection Services, and Subsequent Task Orders Within Budget STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City of Bozeman has a robust and well developed Geographic Information System (GIS) that is supported with data that is collected using GPS devices. The collection of these GPS’ed assets assists internal users as well as contractors and the general public in locating critical water, sewer and storm infrastructure. This data is especially crucial to the Utilities Department for location of buried assets and Engineering where the data is used for modeling of City water and sewer infrastructure. Accuracy of the data is crucial to users of this data. During the last year collection of these assets fell behind due to lack of qualified personnel and extreme growth in the City. In an effort for the GIS Division of the Strategic Services Department to uphold its commitment to others Department within the City and consultants and contractors that rely on the City’s GIS assets we are seeking qualified firms to support collection of GIS data using GPS data equipment capable of delivering data that is accurate to within 2 cm. Services provided under this Maser Task Order Agreement will be provided at the pre-negotiated rates. Services are to be provided on an 'as-needed' basis and individual project expenses are to be project specific with projects initiated via task order. Total contracted project costs are not to exceed approved budget. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission 186 FISCAL EFFECTS:Funding for these services are budgeted in the Strategic Services GIS/Asset Management Contracted Services bi-yearly budgets for FY25 and FY26. Attachments: Master Task Order PSA_Sanbell.pdf Report compiled on: November 7, 2024 187 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 1 of 13 PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT THIS AGREEMENT is made and entered into this _____ of [Month], 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, Sanbell – Rocky Mountain, 1300 North Transtech Way, Billings, MT 59102, 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 GPS data collection of public infrastructure assets. Data collection will be completed using GPS equipment capable of collecting data that is accurate and precise to 2 cm of the asset and delivered to the City for integration into the City’s enterprise GIS system 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, 2029, unless extended or terminated as specifically provided for within the agreement. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. The Contractor will perform the specific services and schedule as mutually agreed upon by City and Contractor and included in each individual Task Order executed under the authority of this Agreement. Task Orders shall be in a format similar to EXHIBIT B, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services the Agreement governs. 4. Payment: The terms of compensation to Contractor shall be agreed upon and included in each Task Order. The task order amount shall be based on the rates specified in EXHIBIT A. City agrees to pay Contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement 188 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 2 of 13 amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in EXHIBIT A. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this agreement, the Scope of Services and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. For each individual Task Order, Contractor will familiarize itself with the nature and extent of the assignment, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services and will provide a mutually agreeable Scope of Services for each Task Order. c. Contractor represents to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill ordinarily used by member in the same profession practicing at the same time and in the same locality; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this standard of care. 6. Independent Contractor Status/Labor Relations: a. The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. b. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ 189 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 3 of 13 compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. c. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. d. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. e. Contractor shall indemnify and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes, or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: a. For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents; 190 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 4 of 13 b. For the services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. c. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). d. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. e. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. f. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. g. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. h. These obligations shall survive termination of this Agreement and the services performed hereunder. i. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly 191 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 5 of 13 licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. j. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence and annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000 annual aggregate; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate k. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non- renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. l. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not be required to provide bonds as required by 18-2-201(1) for individual task orders under this Agreement. Bonds may be waived as allowed under 18-2-201(4) for individual task orders. 8. Termination for Contractor’s Fault: 192 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 6 of 13 a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement or any individual Task Order under this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 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. 193 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 7 of 13 c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Gail Jorgenson, GIS Program Manager or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. 194 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 8 of 13 b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Craig Kamps, PLS or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 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: a. The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical 195 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 9 of 13 or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. b. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. c. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: a. Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. b. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of 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 196 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 10 of 13 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. 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 to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 197 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 11 of 13 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained 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. 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 **** 198 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 12 of 13 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Winn, Acting City Manager Print Name: Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 199 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 13 of 13 EXHIBIT A 200 OUTSIDE CONSULTANTS SURVEY CREW SERVICES STAFF PERSONNEL SERVICES CHARGE OUT RATES ROCKY MOUNTAIN EFFECTIVE AUGUST 17, 2024 Staff Engineer I $115.00/hour Staff Engineer II $130.00/hour Staff Engineer III $135.00/hour Landscape Designer I $105.00/hour Landscape Designer II $115.00/hour Landscape Designer III $125.00/hour Landscape Architect I $135.00/hour Landscape Architect II $145.00/hour Senior Landscape Architect I $165.00/hour Senior Landscape Architect II $175.00/hour Staff Planner I $100.00/hour Staff Planner II $115.00/hour Planner I $130.00/hour Planner II $145.00/hour Senior Planner I $155.00/hour Senior Planner II $195.00/hour Senior Planner Manager $205.00/hour Right-of-Way Agent $168.00/hour Project Engineer I $145.00/hour Project Engineer II $155.00/hour Senior Engineer I $190.00/hour Senior Engineer II $195.00/hour Senior Engineer Manager $210.00/hour Principal $250.00/hour Expert Witness/Special Consultant $290.00/hour Engineer Intern $90.00/hour Field Survey Technician I $85.00/hour Field Survey Technician II $88.00/hour Staff Surveyor I $115.00/hour Staff Surveyor II $130.00/hour Professional Land Surveyor I $140.00/hour Professional Land Surveyor II $150.00/hour Senior Professional Land Surveyor I $160.00/hour Senior Professional Land Surveyor II $180.00/hour Construction Inspector $88.00/hour ConstructionEngineering Tech. $100.00/hour Senior Construction Engineering Technician $145.00/hour Construction Engineer I $145.00/hour Construction Engineer II $150.00/hour CADD Technician I $100.00/hour CADD Technician II $105.00/hour Designer I $107.00/hour Designer II $110.00/hour Senior Designer I $120.00/hour Senior Designer II $145.00/hour Senior Designer Manager $165.00/hour Project Administrator $100.00/hour Senior Project Administrator $115.00/hour Administrative/Clerical $90.00/hour Senior Administrative/Clerical $115.00/hour Senior Administrative Director $185.00/hour Graphic Artist $115.00/hour Marketing Coordinator $120.00/hour Senior Marketing Coordinator $130.00/hour Marketing Director $185.00/hour 1-Person/2-Person Crew Per Job Survey Equipment $30.00 /fieldwork hour Survey Vehicle Mileage IRS rate/mile + $0.10/mile Scanner Equipment $150.00/hour Scanner Equipment (full day) $1,050/day 1) At cost if independently billed direct to client 2) Cost plus 5% if billed through us INDEPENDENT LABORATORIES 1) At cost if independently billed direct to client 2) Cost plus 5% if billed through us ADMINISTRATIVE EXPENSES Administrative Expenses 3.5% * Including copies, prints, phone, postage, materials, and travel *Based on professional services only, unless modified by contract Vehicle Mileage IRS Rate These rates are updated periodically to reflect market conditions. Rate increases will be reflected in future invoicing. TRAFFIC DATA COLLECTION SERVICES Standard Intersection Count (veh/bike/ped) $30.00/hour Small Roundabout Count (veh/bike/ped) $41.00/hour Large Roundabout Count (veh/bike/ped) $93.00/hour Spot Location Volume (veh/bike/ped) $4.00/lane/hour Spot Location Travel Speeds (veh) $5.00/lane/hour Data Collection Equipment $30.00/count location Rushed Processing (24-hour turnaround) $9.00/processing hour 201 City of Bozeman Term Contract: I Task Order Number # PROJECT: Issued under the authority of City of Bozeman Term Contract Professional Services Agreement With: For: This Task Order is dated between: and The following representatives have been designated for the work performed under this Task Order City: Contractor: SCOPE OF WORK: COMPENSATION IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman All invoices submitted in relation to this Task Order must be submitted with this task order attached in order for the invoice to reach the submitting department. Exhibit B 202 Memorandum REPORT TO:City Commission FROM:Gail Jorgenson, GIS Program Manager Jon Henderson, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with Stahly Engineering and Associates, Inc. for On-call GPS Data Collection Services, and Subsequent Task Orders Within Budget MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with Stahly Engineering and Associates, Inc. for On-Call GPS Data Collection Services, and Subsequent Task Orders Within Budget STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City of Bozeman has a robust and well developed Geographic Information System (GIS) that is supported with data that is collected using GPS devices. The collection of these GPS’ed assets assists internal users as well as contractors and the general public in locating critical water, sewer and storm infrastructure. This data is especially crucial to the Utilities Department for location of buried assets and Engineering where the data is used for modeling of City water and sewer infrastructure. Accuracy of the data is crucial to users of this data. During the last year collection of these assets fell behind due to lack of qualified personnel and extreme growth in the City. In an effort for the GIS Division of the Strategic Services Department to uphold its commitment to others Department within the City and consultants and contractors that rely on the City’s GIS assets we are seeking qualified firms to support collection of GIS data using GPS data equipment capable of delivering data that is accurate to within 2 cm. Services provided under this Maser Task Order Agreement will be provided at the pre-negotiated rates. Services are to be provided on an 'as-needed' basis and individual project expenses are to be project specific with projects initiated via task order. Total contracted project costs are not to exceed approved budget. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. 203 FISCAL EFFECTS:Funding for these services are budgeted in the Strategic Services GIS/Asset Management contracted Services bi-yearly budgets for FY25 and FY26. Attachments: Master Task Order PSA_Stahly.pdf Report compiled on: November 7, 2024 204 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 1 of 13 PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT THIS AGREEMENT is made and entered into this _____ of [Month], 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, Stahly Engineering & Associates, Inc., 3530 Centennial Drive, Helena, MT 59601, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter into this agreement with Contractor to provide GPS data collection of public infrastructure assets. Data collection will be completed using GPS equipment capable of collecting data that is accurate and precise to 2 cm of the asset and delivered to the City for integration into the City’s enterprise GIS system 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, 2029, unless extended or terminated as specifically provided for within the agreement. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. The Contractor will perform the specific services and schedule as mutually agreed upon by City and Contractor and included in each individual Task Order executed under the authority of this Agreement. Task Orders shall be in a format similar to EXHIBIT B, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services the Agreement governs. 4. Payment: The terms of compensation to Contractor shall be agreed upon and included in each Task Order. The task order amount shall be based on the rates specified in EXHIBIT A. City agrees to pay Contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement 205 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 2 of 13 amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in EXHIBIT A. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this agreement, the Scope of Services and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. For each individual Task Order, Contractor will familiarize itself with the nature and extent of the assignment, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services and will provide a mutually agreeable Scope of Services for each Task Order. c. Contractor represents to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill ordinarily used by member in the same profession practicing at the same time and in the same locality; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this standard of care. 6. Independent Contractor Status/Labor Relations: a. The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. b. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ 206 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 3 of 13 compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. c. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. d. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. e. Contractor shall indemnify and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: a. For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents; 207 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 4 of 13 b. For the services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. c. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). d. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. e. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. f. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. g. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. h. These obligations shall survive termination of this Agreement and the services performed hereunder. i. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly 208 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 5 of 13 licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. j. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence and annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000 annual aggregate; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate k. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non- renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. l. Pursuant to the City’s authority provided for in 18-2-201(4), the Contractor shall not be required to provide bonds as required by 18-2-201(1) for individual task orders under this Agreement. Bonds may be waived as allowed under 18-2-201(4) for individual task orders. 8. Termination for Contractor’s Fault: 209 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 6 of 13 a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement or any individual Task Order under this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 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. 210 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 7 of 13 c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Gail Jorgenson, GIS Program Manager or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. 211 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 8 of 13 b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Brian Kray, PLS Technical Lead or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 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: a. The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical 212 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 9 of 13 or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. b. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. c. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: a. Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. b. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of 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 213 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 10 of 13 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. 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 to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 214 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 11 of 13 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained 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. 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 **** 215 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 12 of 13 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Winn, Acting City Manager Print Name: Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 216 Professional Services Master Task Order Agreement for RFQ-GIS Professional Mapping Services Page 13 of 13 EXHIBIT A 217 Labor Description Labor Code 2024 Standard Rates Estimated 2025 Standard Rates Anticipated Personnel Distribution Land Survey Intern 3 LSI3 128.00$ 135.00$ 1,2,3 Professional Land Surveyor 3 LPS3 161.00$ 170.00$ 1,2,3 Professional Engineer 6 EPE6 203.00$ 214.00$ 3 Professional Land Surveyor 4 LPS4 170.00$ 179.00$ 2 Survey Technician* LST4 128.00$ 135.00$ 2 Inspector 4 CIN4 141.00$ 149.00$ 2 Professional Land Surveyor 6 LPS6 189.00$ 199.00$ 3 Administrative Assistant AAA2 94.00$ 99.00$ 1 Anticipated Personnel Distribution 1-Meetings/Coordination/Admin 2-Data Collection/Data Processing 3-QA/QC, Subject Matter Expert *-indicates support staff from regional branch offices, all other staff based in BZN Equipment /Units Hourly Daily GPS Per Unit $40 $275 Robotic Total Station-(TS) $70 $500 Robotic Total Station/Scanner (SX12) half-day/daily $325 $650 Stahly Engineering & Associates 2024-2025 Labor Code and Equipment Rates (prepared for the City of Bozeman GIS Department) 218 City of Bozeman Term Contract: I Task Order Number # PROJECT: Issued under the authority of City of Bozeman Term Contract Professional Services Agreement With: For: This Task Order is dated between: and The following representatives have been designated for the work performed under this Task Order City: Contractor: SCOPE OF WORK: COMPENSATION IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman All invoices submitted in relation to this Task Order must be submitted with this task order attached in order for the invoice to reach the submitting department. Exhibit B 219 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with HydroSolutions Inc. Providing for On-call Water Rights Consulting Services and Task Order 1 in the Amount of $20,000 for General Water Rights Consulting Services MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with HydroSolutions Inc. Providing for On-Call Water Rights Consulting Services as well as Task Order No. 1 in the Amount of $20,000 for General Water Rights Consulting Services. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:The City is in need of water rights consulting services to assist with general water rights matters. Water right issues the consultant may work on include but are not limited to: evaluation of water rights appurtenant to development properties; water rights ownership transfers; due diligence evaluations for City water rights purchases; water rights valuations; historical water right research; assisting with water rights ownership updates; and completing water rights changes. The City selected HydroSolutions to perform water rights consulting services pursuant to state law through a qualifications-based selection process upon review of responses to a publicly noticed request for qualifications. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Task Order No. 1 issued under the professional services master task order agreement provides $20,000 for general water rights consulting services to be invoiced on a time and materials basis. Task Order funding is provided from the water enterprise fund through annual operating budgets for contracted services. 220 Attachments: Master Task Order PSA - HydroSolutions_20241106.pdf Task Order 1_HydroSolutions_20241106.pdf HydroSolutions 4.2024 - 3.2025 General Price List.pdf HydroSolutions 2025_Expense.pdf Report compiled on: November 7, 2024 221 Professional Services Master Task Order Agreement for Water Rights Consulting and Hydrogeology Services Page 1 of 10 PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT THIS AGREEMENT is made and entered into this _____ day of , , 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, HydroSolutions Inc., 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: This Agreement provides for professional water rights, hydrogeology, and engineering consulting services to occur on an as-needed and requested basis through the issuance of individually negotiated and consecutively numbered Task Orders. Task Orders may be requested by the City in relation to the following: general water rights consulting services; specific water rights consulting projects; technical hydrogeology support for the City’s municipal groundwater exploration program and groundwater supply project; technical assistance for water rights permitting, change, and mitigation projects; and engineering review and support of designs and plans related to groundwater development, and water right changes and mitigation projects. The Contractor acknowledges that this Agreement does not confer an exclusive right to perform professional services for the City for which this Agreement is purposed. And the City acknowledges that Contractor is not obligated to take on each requested project. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will expire on December 31, 2029, unless extended or terminated as specifically provided for within the Agreement. After the expiration of this Agreement, no new Task Orders may be issued but work on open task orders may continue until completion. 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. 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. 222 Professional Services Master Task Order Agreement for Water Rights Consulting and Hydrogeology Services Page 2 of 10 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 in a Task Order that involves additional costs above the agreed amount must first be agreed in writing by the City. 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 familiarized 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 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, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage as may be required 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. 223 Professional Services Master Task Order Agreement for Water Rights Consulting and Hydrogeology Services Page 3 of 10 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, except to the extent caused in whole or in part by the City. 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. 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. 224 Professional Services Master Task Order Agreement for Water Rights Consulting and Hydrogeology Services Page 4 of 10 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 expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence and annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000 annual aggregate; and • Professional Liability - $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 225 Professional Services Master Task Order Agreement for Water Rights Consulting and Hydrogeology Services Page 5 of 10 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 and if the City fails to object to a submitted coverage or endorsement within 10_ days it shall be deemed an approval 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any substantive 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 and following a reasonable amount of time to cure the alleged deficiency, terminate this Agreement or any individual Task Order under this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of proper 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. 226 Professional Services Master Task Order Agreement for Water Rights Consulting and Hydrogeology Services Page 6 of 10 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, and the Contractor shall receive full and fair compensation for such necessary work. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered on or before 8 working hours after receipt of the Notice of Termination for City’s Convenience, excepting those services deemed necessary by the City to preserve, protect, and maintain work already completed or immediately in progress. 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. 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 sixty (60) 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: a. City’s Representative: The City’s Representative for the purpose of this 227 Professional Services Master Task Order Agreement for Water Rights Consulting and Hydrogeology Services Page 7 of 10 Agreement shall be Brian Heaston, P.E. 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 listed above 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 Lucas Osborne 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. 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, as may be applicable. 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 228 Professional Services Master Task Order Agreement for Water Rights Consulting and Hydrogeology Services Page 8 of 10 require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide reasonable inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of 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 229 Professional Services Master Task Order Agreement for Water Rights Consulting and Hydrogeology Services Page 9 of 10 Contractor shall not issue any statements, releases or information for public dissemination relating to projects under this Agreement 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. 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 to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 230 Professional Services Master Task Order Agreement for Water Rights Consulting and Hydrogeology Services Page 10 of 10 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained 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. Extensions: This Agreement may, upon mutual written agreement of the Parties, be extended in increments not to exceed one year. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA CONTRACTOR By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: Lucas J. Osborne Print Title: President APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 231 Exhibit A to Professional Services Master Task Order Agreement TASK ORDER NUMBER 1 Issued under the authority of Professional Services Master Task Order Agreement between the City of Bozeman and HydroSolutions Inc. for: Professional Water Right and Hydrogeology Consulting Services. This Task Order is dated November 19, 2024, between City of Bozeman (City) and HydroSolutions (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Brian Heaston, P.E. Contractor: Russ Radliff SCOPE OF WORK: (attach additional sheet(s) as required) General water rights consulting services, the scope of which includes: 1. Water rights evaluations 2. Transactional support for water rights associated with private developments that transfer into City ownership 3. Other tasks requested by the City relating to the City’s water rights or obtaining new water rights. COMPENSATION: Contractor shall be reimbursed on a Time & Materials basis not to exceed $20,000.00. Contractor shall invoice no more often than monthly for services provided in the prior month. The provisions of the Professional Services Master Task Order Agreement and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman Contractor By: By: Title: City Manager Title: President Date: Date: 232 General Price List April 1, 2024 - March 31, 2025 Activity Code Description Price 1001 Administrative Assistant $75.00 1003 Contract Specialist $76.25 1011 Technician I $65.00 1012 Technician II $77.25 1007 GIS/DB Analyst $107.00 1020 Assistant Scientist $100.00 1021 Scientist I $107.00 1022 Scientist II $119.50 1023 Scientist III $133.00 1024 Scientist IV $142.00 1025 Scientist V $159.00 1031 Hydrologist I $107.00 1032 Hydrologist II $119.50 1033 Hydrologist III $133.00 1034 Hydrologist IV $142.00 1035 Hydrologist V $159.00 1036 Hydrologist VI $172.00 1042 Hydrogeologist II $119.50 1043 Hydrogeologist III $133.00 1044 Hydrogeologist IV $142.00 1045 Hydrogeologist V $159.00 1046 Hydrogeologist VI $172.00 1051 Geologist I $107.00 1052 Geologist II $119.50 1055 Geologist V $159.00 1056 Geologist VI $172.00 1060 Assistant Engineer $100.00 1061 Engineer I $107.00 1062 Engineer II $119.50 1063 Engineer III $133.00 1064 Engineer IV $142.00 1065 Engineer V $159.00 1066 Engineer VI $172.00 1071 Water Rights Specialist I $107.00 1072 Water Rights Specialist II $119.50 1073 Water Rights Specialist III $133.00 1074 Water Rights Specialist IV $142.00 1075 Water Rights Specialist V $159.00 1080 Principal Hydrologist $180.00 1081 Principal Hydrogeologist $180.00 1082 Principal Engineer $180.00 233 HELENA: 406.443.6169 | 303 Clarke St. | Helena, MT 59601| BILLINGS: 406.655.9555 | 2912 7th Ave N. | Billings MT, 59101 www.hydrosi.com General Price List April 1, 2024 - March 31, 2025 Activity Code Description Price 1090 Expert Hydrology Services $220.00 1091 Expert Hydrogeology Services $220.00 1092 Expert Engineer Services $220.00 1094 Expert Water Rights Services $220.00 234 Code Description Rates 5000 B&W Copies $0.40 5001 Color Copes $0.90 5002 Publication w/receipt 5003 Map Plotter (sq ft)$4.00 5004 Shipping w/receipt 6000 Monthly Mileage $0.90 6001 Monthly Mileage - State Rate $0.67 6002 4WD Monthly Mileage $0.90 6003 Air Fare w/receipt 6004 Car Rental w/receipt 6005 Car Rental Gas w/receipt 7000 Equipment Rental - In-House See Rental Sheet 7001 Equipment Rental -w/receipt 7002 Subcontractor Cost + 10% 7003 Materials - In-House 7004 Materials w/receipt 8000 Per Diem-Full Day (GSA/In-House)See current rates/location 8004 Per Diem-Full Day (State)$68.00 8001 Per Diem-Breakfast (GSA/In-House)See current rates/location 8005 Per Diem-Breakfast (State)$16.00 8002 Per Diem-Lunch (GSA/In-House)See current rates/location 8006 Per Diem-Lunch (State)$19.00 8003 Per Diem-Dinner (GSA/In-House)See current rates/location 8007 Per Diem-Dinner (State)$28.00 8008 Lodging w/receipt 8009 Lodging w/receipt (State)See current rates/location 9001 Fixed Fee *Per Diem Rates to be adjusted 10/01/25 2025 Expense List* 235 Equipment Daily Wkly(3xDaily) Flow Meter $80 $240 YSI 556 Meter $110 $330 Turbidity Meter $25 $75 Water level Tape $20 $60 PID $70 $210 Air Velocity Meter $5 $15 4 Gas Meter $50 $150 Soil Hand Auger $50 $150 In-Line Flow Meter and Data Logger $50 $150 Transducers In-Situ Transducer each $45 $135 In-Situ Cable 100ft $20 $60 In-Situ Rugged Reader $45 $135 Pumps Parasoltic Pump $25 $75 2" Grundfos Pump & Control $240 $720 Whale Pump $10 $30 Pump Rig $150 $450 GeoPump Bladder Pump Controler $70 $210 2 inch Bladder Pump $35 $105 Survey Equipment Survey Level Rod/per day $10 $30 Zip level $10 $30 Consumables Ord. water samp. consumables (gloves, ice, bailers, etc), per samp.$20 Ordinary soil/sediment consumables, per sample $7 Bladders Cost In Line 0.45 micron filters $23 ATV ATV $75 $225 Miscellaneous Rental/w receipt cost +10% Purchase/w receipt cost +10% 2025 Equipment Rental Rates* 236 Memorandum REPORT TO:City Commission FROM:Jill Miller, WTP Superintendent Shawn Kohtz, Utilities Director SUBJECT:Authorize the Interim City Manager to Sign a Professional Services Agreement With Ace Roofing, LLC for Repairs to the Water Treatment Plant Roof Dormers MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the Interim City Manager to Sign the Professional Services Agreement with Ace Roofing, LLC for Repairs to the Water Treatment Plant Roof Dormers. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Water Treatment Plant roof is a metal roof with several dormers along the ridge of each roof section. Many leaks have formed on the interior of the building during heavy rain events due to deteriorating sealant on the seams between the roof and the dormers. A majority of the leaks are in the administrative area of the building. This project will remove and reapply sealant on the seams between the roof and eleven dormers of the administrative area and two of the dormers in the treatment area. UNRESOLVED ISSUES:none ALTERNATIVES:Do not repair the roof leaks. FISCAL EFFECTS:The total cost of $6792.50 for repair of eleven dormers is covered in the WTP Operations Budget. Attachments: Ace Roofing_contract_Final.pdf Report compiled on: November 1, 2024 237 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 1 of 16 ` CONTRACT AGREEMENT This Agreement is made this day of November, 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, P.O. Box 1230, Bozeman, Montana 59771- 1230 (“City”), and Ace Roofing LLC, PO Box 405, Wilsall, MT 59086, (“Contractor”). In consideration of the covenants, agreements, representations, and warranties contained herein, the parties agree as follows: 1. Work to be Performed: Contractor will perform work as outlined in proposals and quotes for eleven roof dormers. In general each roof dormer will have existing caulking removed and seams re-caulked. 2. Contract Documents: The Contract Documents which comprise the entire agreement between the City and Contractor as attached to or referenced in this Agreement, are made a part hereof by this reference and consist of the following: •This Agreement. •The proposals and quotes for repair of eleven roof dormers attached to this agreement. •Proof of Insurance and registration There are no Contract Documents other than those listed above in this Section 2. The Contract Documents may not be altered, amended or repealed except by a modification (as defined in the MPWSS, General Conditions). 3.Time of Performance: Contractor shall begin the Work upon execution of this agreement by the Owner. The contract shall remain in effect for a period of one year from above date of Agreement or until the work has been completed. 4. Payment: 238 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 2 of 16 • Upon satisfactory final completion and acceptance of the Work, City shall pay to Contractor, and Contractor shall accept as full payment for the performance of this Agreement and the Work, the amount of $6,792.50 • Applications for payment will be processed as provided in the General Conditions. • 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 Work that Contractor may have or assert against City, its officers, agents, and employees. • Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to Contractor. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in the MPWSS. 5. Inspection and Testing: • City has the right to inspect and test any and all Work performed by Contractor. Contractor shall allow City and its agents access to the Work at all times and shall provide every reasonable facility for the purpose of such inspection and testing, including temporarily discontinuing portions of the Work or uncovering or taking down portions of the finished Work. Any inspection and testing performed by the City and its agents is for the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility, and obligation to ensure that the Work strictly complies with the Agreement terms and conditions and all applicable laws and building and safety codes. City’s inspection and testing shall not be deemed or considered acceptance by the City of any portion of the Work. City’s inspection and testing shall not serve to nullify, amend, or waive any warranties provided by the Contractor under this Agreement. • 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. 239 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 3 of 16 6a. Contractor’s Representations and Warranties: In order to induce the City to enter into this Agreement, Contractor represents and warrants as follows: • Contractor has familiarized himself with the nature and extent of the Contract Documents, Work, the Work site, 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 Work. • Contractor has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work. • Contractor has made or caused to be made examinations, and investigations as he deems necessary for the performance of the Work at the contract price, within the contract time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, tests, reports or similar data are or will be required by Contractor for such purposes. • Contractor has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. • Contractor and its sureties are liable for the satisfaction and full performance of all warranties. 6b. Contractor’s Warranties: Contractor warrants the roofing work done pursuant to this Agreement will be warranted as follows: • For one (1) year from the date of installation, Contractor will, free of charge to the City make repairs to leaks in the roofing and flashing installed by Contractors result in from defects in workmanship applied by or through Contractor. The City is required to notify Contractor within five (5) business days of evidence of the leak. 7. General Requirements: • Contractor Use of Premises. The Contractor shall confine his operations at site of the proposed work to within the right-of-way or construction easements provided. 240 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 4 of 16 • Safekeeping of Equipment and Materials on Work Site. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of Contractor and that no claim shall be made against the City by reason of any act of an employee or trespasser. It shall be further understood that should any occasion arise necessitating access by the City to the sites occupied by these stored materials and equipment, the Contractor owning or responsible for the stored materials or equipment shall immediately remove same. No materials or equipment may be placed upon any private property until the property owner has agreed in writing to the location contemplated by the Contractor to be used for storage. • Debris; Restoration. While performing the Work, and as part of the final completion of the Work, Contractor shall clean up the Work 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 Work. Any disturbed landscaped areas shall be properly restored. • Safety. Safety provisions must be entirely adequate and meet with City, County, State and Federal regulations to protect the public in affected areas. 1) Fall protection must be utilized when the wet well hatches are open. 2) Proper OSHA procedures for fall protection must be followed. 3) Contractor acknowledges that access to roof surfaces to perform this service is required and this may be considered an abnormally dangerous activity. 4) Contractor assumes all responsibility for ensuring and enforcing safe working conditions and compliance with all safety-related rules and regulations for the benefit of its own employees, the employees of subcontractors and the public when conducting the work, including all duties related to safety and will indemnify the City for any losses or damages the City may incur as a result of work conditions. 8. 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 241 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 5 of 16 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. 9. Suspension: • 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 Work (“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. • 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 Work, including those portions on which work has been suspended. • 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) all reasonably incurred costs for the demobilization of Contractor’s and subcontractor’s crews and equipment; (2) an equitable amount to reimburse Contractor for the cost to protect and maintain the Work during the period of suspension; and (3) 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 Work has increased or decreased. • 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 9(c) shall be made within fifteen (15) days after receipt of the Notice to Resume Work and Contractor shall 242 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 6 of 16 submit a revised Work 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. • No compensation described in Section 9(c) shall be paid and no extension of time to complete the Work shall be granted if the suspension results from Contractor’s non- compliance with or breach of the terms or requirements of this Agreement. 10. Termination for Contractor’s Fault: • 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 • In the event of a termination pursuant to this Section 10, 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 Work has been completed. Upon completion of the Work, 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 Work and all administrative costs resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to 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. • Any termination provided for by this Section 10 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. • In the event of termination under this Section 10, 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. 11. Termination for City’s Convenience: 243 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 7 of 16 • Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease work on the Work, 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. • 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 Work, discontinue placing orders for materials, supplies, and equipment for the Work, 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. • In the event of a termination pursuant to this Section 11, 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. • The compensation described in Section 11(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. 12. Limitation on Contractor’s Damages; Time for Asserting Claim: • 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. • 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 244 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 8 of 16 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. 13. Representatives: • City’s Representative: The City’s Representative for the purpose of this Agreement shall be Jill Miller, Water Treatment Plant 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. • Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Addy Ferguson, Ace Roofing 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. 14. 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 Work. 15. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, Montana Contractor Registration requirements, Montana Contractors Gross Receipts Tax (Title 15, Chapter 50, MCA), 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 245 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 9 of 16 Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 16. 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. 17. 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 Work. 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. 18. Labor Relations: • In the event that, during the term of this Agreement and throughout the course of Contractor’s performance of the Work, any labor problems or disputes of any type arise or materialize which in turn cause any work on the Work 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 Work shall be left 246 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 10 of 16 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 Work to resume and be completed within the time frames set forth in the Construction Schedule at no additional cost to City. • Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 21. Subcontractors: • Contractor may employ subcontractors for any part of the Work. Contractor shall provide City with a list of all subcontractors employed. • 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 Work. • 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 Work 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 Work. 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. 247 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 11 of 16 25. 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 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 of whatever kind or nature connected therewith resulting in bodily injury or destruction of property 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 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. e. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City is responsible to represent itself and incur all costs and expenses of suit. f. 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. 248 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 12 of 16 g. Contractor and City waive against each other, and against the other’s officers, directors, members, partners, and employees any and all claims for or entitlement to special, incidental, indirect, punitive, and consequential damages, loss of use, loss of profits and revenue, and loss of reputation arising out of, resulting from, or related to the Contract. This Cap does not apply to or limit any claim by either party for the following: (a) costs, losses, or damages asserted by third parties for destruction of tangible property, bodily injury, sickness, disease, or death or (b) gross negligence or willful misconduct. h. These obligations shall survive termination of this Agreement and the services performed hereunder. i. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. 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 to include :  Products and Completed Operations - $1,000,000, and,  Contractual Liability coverage, and,  On-going Operations; • Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate (all owned, hired, non-owned vehicles); • Property Insurance naming the City in an amount equal to greater of Contractor’s compensation or full replacement value of the work and equipment while at Contractor’s facility on an all risk coverage basis.; The City of Bozeman, its officers, agents, and employees, shall be included as an additional 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. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 249 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 13 of 16 27. 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. 28. 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. 29. Attorney Fees: In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party or the party given notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel (to include the City Attorney’s Office). 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. 250 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 14 of 16 33. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 34. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 35. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 36. Amendments: This Agreement may not be modified, amended, or changed in any respect except by a written document signed by all parties. 37. 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 Work. Contractor may not assign to any third party other than Contractor’s subcontractors on the Work, 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 Work, 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. 251 DocuSign Envelope ID: 1885CDFA-8545-4B87-A523-55D2B9519B2A Page 15 of 16 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 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. 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 Ace Roofing, LLC Print Name: Title: CONTRACTOR By: By: Jeff Mihelich, City Manager Addy Ferguson Addy Ferguson Service Manager 252 253 SERVICE PURCHASE ORDER Owner / Property Manager: WATER TREATMENT PLANT Job Number: 2024-3758 Site Contact: ORRY BROWNING Cell Number: Building Name:WATER TREATMENT PLANT Building Address:7024 SOURDOUGH CANYON RD. – BOZEMAN. MT 59718 Allowable Work Hours: After Hours Work Authorized Yes ☐No ☐If Yes, After Hours Contact Number Billing Address if dierent: In consideration for payment of the Contract Sum stated herein, the Contractor shall furnish, provide, perform, and complete the Work identified in the Scope of Work section of this Purchase Order Contract in accordance with the Master Subcontract Agreement entered into between Owner/Property Manager identified above and Contractor. The terms set forth in said Master Subcontract Agreement are part of and expressly incorporated in this Purchase Order Contract. A. Scope of Work: Address 11 leaking dormers on notated photo below by removing as much existing caulk and re-caulking at seams. 254 255 Notes: Priced $617.50 per dormer B. Contract Sum:six-thousand seven-hundred and ninety-two dollars and 50/100 cents ($6,792.50 ) D. Billing Schedule:Owner shall pay the final balance of the Contract Price plus any additional charges for changed or extra work upon completion of the Work. If completion of the Work extends beyond one month, Owner shall make monthly progress payments by the fifth (5th) day of the month for the portion of the Contract Price invoiced by Contractor for the work completed during the preceding month. F. Desired schedule for work:Start Date:Completion Date: G. Exhibits:The Exhibits listed herein and attached hereto are expressly incorporated in this Purchase Order Contract: H. Miscellaneous: IN WITNESS WHEREOF, the parties hereto have caused this Purchase Order Contract to be executed by their duly authorized representatives, as of the day and year first above written. OWNER/PROPERTY MANAGER CONTRACTOR By: Printed Name: Title: Date: By: Printed Name: Title: Date: Addy Ferguson 11/01/2024 Addy Ferguson 256 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 One to Task Order Two with Cushing Terrell for Additional Utility Services for the Whittier School Parking Lot Project MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an amendment one to Task Order Two with Cushing Terrell for additional utility services for the Whittier School parking lot project. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City has taken deliberate steps to foster the infill and redevelopment of properties along the North 7th Avenue corridor in the Midtown Urban Renewal District. Along with those steps, the Midtown Action Plan calls for building partnerships to hone in on key infrastructure improvements. The code allows new buildings in the District to be built near the street, encourages ground floor commercial, and requires that parking occur on the side or the rear of structures. In addition, the District does not have parking minimums. The goal is to enhance the pedestrian experience along the corridor by reducing the amount of parking in front of and around buildings. The location of the Whitter Parking Lot has the potential to be a community asset after traditional school hours. While City staff, Cushing Terrell, and the School District were working together to complete the original task order it was discovered the overhead utility poles in the alley adjacent to parking lot would need to be buried in order for the alley to in compliance with City standards. As the alley will be used as a point of egress for the parking lot, the project managers decided the best course of action would be to bury the utility. Business owners on the other side of the alley expressed interest in burying the utility for better use of the alley as well. Staff is proposing the attached amendment to cover the engineering and design work required to bring the alley up to City standards. This amendment is issued under the authority of the Urban Renewal District Term Contract Professional Services Agreement with 257 Cushing Terrell for civil engineering, landscape architecture, and electrical engineering services for the Whittier Parking Lot. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:This amendment is not to exceed $18,000 and is available in the Midtown Urban Renewal District budget. Attachments: AS1_City of Bozeman URD Whittier School Parking Lot_Final.pdf Report compiled on: November 4, 2024 258 Document G802® – 2017 Amendment to the Professional Services Agreement AIA Document G802 – 2017. Copyright © 2000, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:53:15 ET on 09/12/2024 under Order No.3104239063 which expires on 02/10/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA48) 1 PROJECT: (name and address)AGREEMENT INFORMATION:AMENDMENT INFORMATION: City of Bozeman URD Term Contract Date: March 19, 2024 Amendment Number: 01 Task Order #002 Whittier West Parking Lot Date: 09.06.2024 OWNER: (name and address)ARCHITECT: (name and address) City of Bozeman CTA Inc, dba Cushing Terrell 121 North Rouse Street Bozeman, MT 59715 411 East Main Street, Suite 101 Bozeman, MT 59715 The Owner and Architect amend the Agreement as follows: Architect to provide design support and coordination for overhead utility relocation in alleyway adjacent to project site to allow for the desired site design. Additional Services include civil and electrical design and management. The Architect’s compensation and schedule shall be adjusted as follows: Compensation Adjustment: This additional service is to be billed hourly on a time and material basis not to exceed $18,000 without further amendment. Schedule Adjustment: To be determined based on responsiveness of utility company. SIGNATURES: Cushing Terrell City of Bozeman ARCHITECT (Firm name)OWNER (Firm name) -See attached signatures page--See attached signatures page- SIGNATURE SIGNATURE Adam Schlegel Project Manager Jesse DiTommaso PRINTED NAME AND TITLE PRINTED NAME AND TITLE 09.06.2024 DATE DATE 259 AIA Document G802 – 2017. Copyright © 2000, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This document was produced at 13:53:15 ET on 09/12/2024 under Order No.3104239063 which expires on 02/10/2025, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com. User Notes: (3B9ADA48) 2 Signatures Page 260 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership SUBJECT:Authorize the City Manager to Sign a Third Amendment to the Professional Services Agreement with Design 5 Landscape Architecture to Continue Providing Design Services for the Downtown Bozeman Alleyways Beautification Project Through Completion of Project MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Third Amendment to the Professional Services Agreement with Design 5 Landscape Architecture to continue providing design services for the Downtown Bozeman Alleyways Beautification Project through completion of project. STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. BACKGROUND:Attached is a copy of the Third Amendment to the Professional Services Agreement with Design 5 Landscape Architecture to continue providing design services for the Bozeman Alleyways Beautification Project through the completion of the project. The City entered into a Professional Services Agreement with Design 5 on September 27, 2022 to provide these services. The original agreement included an estimated cost of $37,500 and due to an extended deadline and unforeseen electrical engineering services, an additional amendment, extending the deadline to approve funding for these overages is requested due to the delay in the construction phase of this project. Upon concurrence of the Commission, this amendment will extend the contract for continued design services for the Downtown Bozeman Alleyway Beautifications Project at an hourly basis and will also include subcontractor for unforeseen electrical engineering work. All other provisions of the original agreement remain unchanged. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission 261 FISCAL EFFECTS:Due to the delay of rebidding this project, the need for Design 5 to provide guidance until the project is under a general contractor is necessary. The time spent on bidding will be billed hourly and is outside of the $37,500 contracted amount for design. This includes preparing the bid documents, answering questions from contractors, pre-bid meeting, etc. Overages will be billed at an hourly rate if amendment is approved and not to exceed $15,000. Attachments: PSA Third Amendment_Alleyways Beautification Project 2024.pdf Report compiled on: October 29, 2024 262 Third Amendment to Professional Services Agreement for the Bozeman Alleyways Beautification Project FY 2023-2024 Page 1 of 3 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR the Bozeman Alleyways Beautification Project (Phase 2), dated 27th day of September, 2022 (the “Agreement”) is made and entered into this 19th day of November 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 Design.5 Landscape Architecture, 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. Not To Exceed. Due to an extended bidding timeline and unexpected electrical engineering subcontractor work, the not to exceed provision at the end of the scope of work shall be increased by $15,000 for FY25. 2. Scope of Work. Scope of work is unchanged from original agreement. 3. Term/Effective Date. This amended agreement is effective upon adoption and will expire on the 1st day of April, 2025, unless earlier terminated in accordance with the agreement. 4. Nondiscrimination and Equal Pay: Section 14 of the Agreement is replaced in its entirety with the following: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an 263 Third Amendment to Professional Services Agreement for the Bozeman Alleyways Beautification Project FY 2023-2024 Page 2 of 3 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. 1. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 264 Third Amendment to Professional Services Agreement for the Bozeman Alleyways Beautification Project FY 2023-2024 Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA DESIGN 5 ARCHITECTURE By By Chuck Winn, City Manager Print Name: Title: APPROVED AS TO FORM By Greg Sullivan, Bozeman City Attorney 265 Memorandum REPORT TO:City Commission FROM:Max Ziegler, Facilities Assistant Superintendent David Arnado, Facilities Superintendent SUBJECT:Authorize the City Manager to Sign an Amendment 3 to the Professional Services Agreement with All Valley Landscape for Snow Removal Services MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign Amendment 3 to the Professional Services Agreement with All Valley Landscape for Snow Removal Services STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman Facilities Department contracts with a number of Snow Removal Contractors to provide snow removal services at City Buildings. Over the course of the contract, service providers occasionally request modifications to the payment structure to reflect changing economic conditions. Due to the variability of snowfall, contractors need to have staff capacity to handle the contract large snowfall years. All Valley Landscaping provides snow removal services to the Bozeman Public Safety Center, Bozeman Senior Center, and Bozeman Public Library. For the winter season of 2024-2025, the contractor has requested to modify their payment structure to include a retainer of 3 plows per month with additional required plows charged on a per event schedule. This modification will ensure that the contractor has adequate staffing capacity to meet the contract requirements while managing financial risk in low snow event years. It is staff's recommendation to accept this proposal to ensure continuity of level of service. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As Suggested by City Commission FISCAL EFFECTS:Fiscal Effects of this contract amendment will be the addition of a 3 plow per location retainer at the standard rates prescribed in the contract. Any additional plows after the first 3 will be charged at the standard rate. For the three buildings serviced under this contract, the total retainer amount per month will be $7,200 to be paid out of the Facilities Department operating 266 budget. Attachments: PSA Amendment 3 - Snow Removal Service - All Valley Landscaping.pdf Report compiled on: October 31, 2024 267 THIRD Amendment to Professional Services Agreement for Snow Removal Services FY 2025 Page 1 of 2 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR SNOW REMOVAL SERVICE dated 13th of October, 2020 (the “Agreement”) is made and entered into this _____ day of ____________, 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 All Valley Landscape Services LLC, P.O Box 11746, Bozeman, MT 59718, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement as follows: 1. Modification of Payment. Section 4 of the Agreement is amended to reflect the pricing structure as attached in Exhibit A. 2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 268 THIRD Amendment to Professional Services Agreement for Snow Removal Services 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 [ALL VALLEY LANDSCAPE SERVICES LLC] By________________________________ By_____________________________ Chuck Winn, Interim City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 269 EXHIBIT A 270 Po Box 11746 Bozeman, MT 59719 406-624-6047 October 27, 2024 Dear City of Bozeman, Please review the enclosed renewal for the 2024-2025 Snow Removal Season. Some changes are being made to the contract and the way we will be billing, but our outstanding service and dedication to this trade will remain the same. This year we will be implementing a retainer in our contract to cover our overhead. The retainer will cover the cost of 3 plow events each month (plow event to include all services offered during a complete service, excluding any snow hauling or depth upcharges). These charges will ensure that our team is kept employed and our equipment is ready to act when snow events occur. The retainer will be charged for the months of November through March. After services rendered have surpassed the price of the retainer, billing will follow the line-item pricing below. Please sign, detach along the perforations, and mail back the lower portion of this page for your renewal. Please feel free to make changes or call us at 406-624-6047. Sincerely, Mick Derzay Owner/Operator All Valley Landscape Services LLC City Of Bozeman Bozeman Public Library 626 East Main Street Bozeman, MT 59715 Plow Lot 1” $325.00 Sidewalks ½” $200.00 Sand $175.00. Skid Steer Hours For Pile Moving $150.00/hr Monthly Retainer of 3 plow events- $2,100.00 Client Signature_________________________ Date:_________________________ Terms and Conditions 271 Po Box 11746 Bozeman, MT 59719 406-624-6047 Payment is due by the 15th of the month following the month in which the work was performed. . Depth charges may occur is snowfall is above 5”. In cases of drifting or additional services, price may vary. All delinquent accounts are subject to an 18% or $2 finance charge. Services may be terminated without notice on accounts that are over 60 days past due, and these accounts may be sent to an agency for collection. Any alteration, deviation, or addition to the work described will result in an extra charge over and above the estimate. All Valley Landscape Services LLC must be notified at least 7 days in advance for termination of any services or charges may apply. If you would like to switch to paperless billing please provide an email address below: 272 Po Box 11746 Bozeman, MT 59719 406-624-6047 September 9, 2024 Dear City of Bozeman, Please review the enclosed renewal for the 2024-2025 Snow Removal Season. Some changes are being made to the contract and the way we will be billing, but our outstanding service and dedication to this trade will remain the same. This year we will be implementing a retainer in our contract to cover our overhead. The retainer will cover the cost of 3 plow events each month (plow event to include all services offered during a complete service, excluding any snow hauling or depth upcharges). These charges will ensure that our team is kept employed and our equipment is ready to act when snow events occur. The retainer will be charged for the months of November through March. After services rendered have surpassed the price of the retainer, billing will follow the line-item pricing below. Please sign, detach along the perforations, and mail back the lower portion of this page for your renewal. Please feel free to make changes or call us at 406-624-6047. Sincerely, Mick Derzay Owner/Operator All Valley Landscape Services LLC City Of Bozeman Public Safety Center 901 N Rouse Bozeman, MT 59715 Plow Lot 1” $600.00 Sidewalks ½” $350.00 Sand All $300.00 Skid Steer Hours For Pile Moving $150.00/hr Monthly Retainer of 3 plow events- $3750.00 Client Signature_________________________ Date:_________________________ Terms and Conditions Payment is due by the 15th of the month following the month in which the work was performed. . Depth charges may occur is snowfall is above 5”. In cases of drifting or additional services, price may vary. All delinquent accounts are subject to an 18% or $2 finance charge. Services may 273 Po Box 11746 Bozeman, MT 59719 406-624-6047 be terminated without notice on accounts that are over 60 days past due, and these accounts may be sent to an agency for collection. Any alteration, deviation, or addition to the work described will result in an extra charge over and above the estimate. All Valley Landscape Services LLC must be notified at least 7 days in advance for termination of any services or charges may apply. If you would like to switch to paperless billing please provide an email address below: 274 Po Box 11746 Bozeman, MT 59719 406-624-6047 October 27, 2024 Dear City of Bozeman, Please review the enclosed renewal for the 2024-2025 Snow Removal Season. Some changes are being made to the contract and the way we will be billing, but our outstanding service and dedication to this trade will remain the same. This year we will be implementing a retainer in our contract to cover our overhead. The retainer will cover the cost of 3 plow events each month (plow event to include all services offered during a complete service, excluding any snow hauling or depth upcharges). These charges will ensure that our team is kept employed and our equipment is ready to act when snow events occur. The retainer will be charged for the months of November through March. After services rendered have surpassed the price of the retainer, billing will follow the line-item pricing below. Please sign, detach along the perforations, and mail back the lower portion of this page for your renewal. Please feel free to make changes or call us at 406-624-6047. Sincerely, Mick Derzay Owner/Operator All Valley Landscape Services LLC City Of Bozeman Bozeman Senior Center 807 North Tracy Ave Bozeman, MT 59715 Plow Lot 1” $175.00 Sidewalks ½” $125.00 Sand $150.00. Skid Steer Hours For Pile Moving $150.00/hr Monthly Retainer of 3 plow events- $1,350.00 Client Signature_________________________ Date:_________________________ Terms and Conditions Payment is due by the 15th of the month following the month in which the work was performed. . Depth charges may occur is snowfall is above 5”. In cases of drifting or additional services, price may vary. All delinquent accounts are subject to an 18% or $2 finance charge. Services may 275 Po Box 11746 Bozeman, MT 59719 406-624-6047 be terminated without notice on accounts that are over 60 days past due, and these accounts may be sent to an agency for collection. Any alteration, deviation, or addition to the work described will result in an extra charge over and above the estimate. All Valley Landscape Services LLC must be notified at least 7 days in advance for termination of any services or charges may apply. If you would like to switch to paperless billing please provide an email address below: 276 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign an Amendment to Task Order MID23-001 with Sanbell for 5th Avenue Pedestrian Lighting Design MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an amendment to Task Order MID23-001 with Sanbell for 5th Avenue Pedestrian Lighting Design. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The City entered into Task Order #MID23-001 with Sanderson Stewart in December of 2023. MID23-001 will provide design services for pedestrian scale lighting on 5th Avenue adjacent to the Westlake BMX Park. The scope of work to Task Order MID#23-001 reflects project management, topographic survey pick-ups and base mapping, preliminary design, and final design. Sanderson Stewart was part of a merger in 2024 and is now Sanbell. In June of 2024, the 5th Avenue Trail was completed. The mixed-use trail runs from the Westlake BMX Park to Tamarack Street along 5th Avenue. The trail currently exists where there are no streetlights. In order to increase safety on the trail, staff asked Sanbell, formerly Sanderson Stewart, to provide additional scope for pedestrian scale lighting on the trail. The amendment is attached. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:The amendment to the contract results in an additional $20,050. The total for the task order with the amendment will be $36,100 which is available in the Midtown Urban Renewal Budget. Attachments: safe_print_Amendment 1 To Services Agreement_Sanbell_100724.pdf 277 Report compiled on: October 9, 2024 278 This is a safe-printed document. The original attachment had 1 page(s). Safeprint maximum page count configuration is 10 page(s). Number of pages truncated are 0 page(s). 279 280 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Resolution 5644, Re-adoption of a Resolution of Adoption to Amend the Bozeman Community Plan 2020 to Integrate the "Bozeman Health Sub-Area Plan" as a Neighborhood Plan under the Bozeman Community Plan 2020, Including Revisions to the Future Land Use Map; Application 24118 MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5644. 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 Commission adopted a Resolution of Intent to amend the Bozeman Community Plan 2020 on July 9, 2024, see Resolution 5597 and the agenda link [Commission Agenda Link]. The Commission approved Application 24118 on August 20, 2024, to amend the Bozeman Community Plan 2020 and the Future Land use Map. The property includes approximately 559 acres. The subject property includes the hospital campus, Hillcrest Senior Living, and the Knolls at Hillcrest development west of Highland Boulevard, the open areas generally bounded by Highland Boulevard to the west, Kagy Boulevard on the south, Haggarty Lane and Bozeman Trail to the east, and Ellis Street to the north. The request includes a variety of Future Land Use designations including adjacent roadway and utility easements. Final documents for the growth policy amendment were received and prepared. The Commission approved this resolution of adoption on October 8, 2024. After the hearing, it was discovered the title in agenda referenced Resolution 5597 which was the Resolution of Intent to adopt the plan, not the resolution of adoption. The attached Resolution was correct. Therefore, staff is bringing the Resolution of Adoption back before the Commission to correct the scriveners error and ensure all documentation is correct. UNRESOLVED ISSUES:None. 281 ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Growth Policy Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 24118 Bozeman Health GPA Resolution of Adoption 5644.pdf Exhibit A - BozemanHealthSubareaPlan.pdf Exhibit B - Part 1 Final_FLUM.pdf Exhibit B - Part 2 Final_FutureLandUse.pdf Report compiled on: October 24, 2024 282 Version April 2020 RESOLUTION 5644 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO ADOPT AN AMENDMENT TO THE BOZEMAN COMMUNITY PLAN 2020 TO ADOPT AND INTEGRATE THE “BOZEMAN HEALTH SUB-AREA PLAN” AS A NEIGHBORHOOD PLAN UNDER THE BOZEMAN COMMUNITY PLAN 2020 AND REVISE THE FUTURE LAND USE MAP, APPLICATION 24118. WHEREAS, the City of Bozeman has had a comprehensive plan (growth policy) since 1958, and WHEREAS, the City of Bozeman adopted its most current growth policy known as the Bozeman Community Plan (BCP) through Resolution 5133 on November 17, 2020, and WHEREAS, the Bozeman Community Plan, Section 5, establishes criteria for the amending of the document, and WHEREAS, the Bozeman Community Plan 2020 allows for the development of “neighborhood plans” for a sub-sector of the Bozeman community; and WHEREAS, the Bozeman Deaconess Health Services Subarea Plan was first established with the approval of Resolution No. 3950 on August 28, 2006; and WHEREAS, an application has been received to replace the Bozeman Deaconess Health Services Subarea Plan (adopted 2006) with the Bozeman Health Subarea Plan and amend the Future Land Use Map of the growth policy; and WHEREAS, in accordance with 76-1-602, MCA, the City Commission must adopt a resolution of intent and conduct a public hearing prior to taking any action to adopt or revise a growth policy. A Resolution No. 5597, a Resolution of Intent, was adopted on July 9, 2024, and WHEREAS, in accordance with 76-1-602, MCA, on August 5, 2024, the Bozeman Community Development Board in their role as the Planning Board conducted a public hearing to 283 Version April 2020 receive and review all written and oral testimony on the growth policy amendment application; and WHEREAS, the Bozeman Community Development Board’s motion to approve the Bozeman Health Sub-Area Plan GPA Sub-Area Plan application No. 24118 as requested by the applicant passed 8:0; and WHEREAS, the Bozeman Community Development Board’s motion to approve the Bozeman Health Sub-Area Plan GPA Future Land Use Map application No. 24118 as requested by the applicant passed 8:0; and WHEREAS, on August 20, 2024, the City Commission conducted a public hearing prior to taking any action to adopt or revise a growth policy; and WHEREAS, following the public hearing, the City Commission passed a motion to approve modification to the of the Bozeman Community Plan 2020 by amending the Bozeman Health Sub-Area Plan as requested by the applicant; and WHEREAS, following the public hearing, the City Commission passed a motion to approve modification to the Bozeman Health Sub-Area Plan Future Land Use Map as requested by the applicant. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 In accordance with the requirements of Section 76-1-604 MCA, application No. 24118, the Bozeman Health Sub-Area Plan application for amendment to the Bozeman Community Plan 2020 as a sub-area plan, is hereby approved. The amendment integrates the plan into the BCP2020 covering 559 acres more or less. The property is described as: The property is legally described as portions of Tract 1 and 2 of COS 2047, The Knolls at Hillcrest Subdivision, and Minor Subdivision No. 162C, all situated in Sections 17 and 18, Township Two-South (T2S), Range Six East (R6E), P.M.M., City of Bozeman, Gallatin County, Montana. Containing in area 559 acres as depicted on the Bozeman Health Sub-Area Future Land Use Map Exhibit A: Bozeman Health Sub-Area Plan 284 Version April 2020 Section 2 In accordance with the requirements of Section 76-1-604 MCA, application No. 24118, the Bozeman Health Sub-Area Plan application for amendment and revision to the Bozeman Community Plan Future Land Use Map, is hereby approved. The amendment modifies the Future Land Use Map as show on Bozeman Health Sub-Area Future Land Use Map and includes 63.57 acres of Community Commercial Mixed-Use, 28.78 acres of Residential Mixed-Use, 146.18 acres of Parks and Open Space, and 214.56 acres of Urban Neighborhood totaling 559 acres more or less. The property is described as: The property is legally described as portions of Tract 1 and 2 of COS 2047, The Knolls at Hillcrest Subdivision, and Minor Subdivision No. 162C, all situated in Sections 17 and 18, Township Two-South (T2S), Range Six East (R6E), P.M.M., City of Bozeman, Gallatin County, Montana. Exhibit B: Bozeman Health Sub-Area Future Land Use Map Section 3 A public hearing was advertised and conducted on August 20, 2024, for the purpose of receiving public testimony on application 24118, Bozeman Health Sub-Area Plan and Future Land Use Map Growth Policy Amendment to amend the BCP2020 and the Future Land Use Map. All written and oral public comment was received and considered during Commission deliberations prior to the vote to approve. 285 Version April 2020 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ______________, 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 286 Subarea Plan An Amendment to the Bozeman Community Plan 2020 287 Acknowledgements Bozeman Health |Board of Directors |Executive Team Dr. Kathryn Bertany Denise Juneau Steven KleinBrad Ludford |NoliWhite Group Mike Noli |Bird Dog Strategies Brianne Rogers City of Bozeman |City Commission |Community Development Department |Parks & Recreation Department |Community Development Board |Urban Parks & Forestry Board |Transportation Board Community Partners |Gallatin Valley Land Trust |Bridger Ski Foundation |Marwyn-Lindley Neighborhood Association |New Hyalite View Neighborhood Association |The Knolls Neighborhood Sanderson Stewart |Planning Team John HalversonLenna JohnsonChris Naumann Lauren Waterton i 2024 Bozeman Health Subarea Plan 288 Table of Contents 1. Introduction ....................................................2 Subarea Plan Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 Replacing the 2005 Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Existing Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Bozeman Health's Planning Intent Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Land Use Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Framework Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Plan Themes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Community Engagement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 2. Plan Vision ....................................................12 Vision Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Planning Intent Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Land Use Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Future Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 Proposed Future Land Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 3. The Framework ................................................30 Framework Elements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 1 . Future Medical & Commercial Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 2 . Community Activity Nodes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 3 . Highland Glen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 4 . Linear Parks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 5 . Active Transportation Network . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 6 . Potential Street Alignment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 4. The Plan ......................................................36 Goals & Objectives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 1 . A Resilient District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 2 . A Unique District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 3 . A Complimentary District . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .394. A District Influenced by Natural Environment, Parks, & Open Lands . . . . . . . . . . . . . . . . . . . 41 5 . A District Prioritizing Accessibility & Mobility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 6 . A District Powered by an Innovative & Entrepreneurial Economy . . . . . . . . . . . . . . . . . . . . .47 5. Implementation ...............................................52 Future Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .52 Challenges & Constraints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 Opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 Planning Processes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58APPENDIX A: Existing Conditions ...................................A.1APPENDIX B: Natural Resources & Managment .......................B.1APPENDIX C: Community Plan Amendment ...........................C.1APPENDIX D: Montana Land Use Planning Act ........................D.1APPENDIX E: Community Engagement ...............................E.1 ii2024 Bozeman Health Subarea Plan 289 1CHAPTER 1: INTRODUCTION 290 1. Introduction Subarea Plan Overview Bozeman Health owns over 500 acres of land on the eastern edge of Bozeman, Montana. Since purchasing the land in 1956, Bozeman Health has been dedicated to responsible stewardship of this land while upholding their mission to improve community health and quality of life. To this end, Bozeman Health has incrementally developed the 100 acres of this property west of Highland Boulevard which is now home to Bozeman Health Deaconess Regional Medical Center, Hillcrest Senior Living, and The Knolls at Hillcrest. The remaining 400 acres east of Highland Boulevard have been primarily used for agricultural purposes. In 2010, Bozeman Health partnered with the Gallatin Valley Land Trust, Bridger Ski Foundation, and the City of Bozeman to establish public access to an expansive trail network in the 140-acre area known as Highland Glen.With the continued growth of the Gallatin Valley and Bozeman Health’s commitment to be a ‘best in class’ integrated health system, this Subarea Plan creates a visionary framework for the future of this land. The plan focuses on the relationships between the various components of great neighborhoods—natural areas, parks, trails, active transportation network, community nodes, and a basic street grid, all supporting a variety of housing. Impacts & Benefits The Subarea Plan is founded on the intent statements, land use objectives, and planning themes established by Bozeman Health during this plan update. These foundational principles are based upon the objectives established by the City of Bozeman Community Plan 2020 and informed by public input received from area residents. For years to come, the Subarea Plan will guide additional land planning and any future private development in ways that honor the vision of Bozeman Health and the Gallatin Valley community. Figure 1. Vicinity Map 2291 Replacing the 2005 Plan In 2021, the City of Bozeman Planning Board asked Bozeman Health to update the 2005 Bozeman Deaconess Health Services (BDHS) Subarea Plan. The Planning Board's written request clearly articulated “that the BDHS Subarea Plan no longer reflects current community planning goals and policies.” The Planning Board letter concluded that “given the potential to create significant development on hospital property, the Planning Board supports the creation of a new Subarea Plan to accurately reflect current community goals.” The 2005 BDHS Subarea Plan sought to “create a plan which is credible, achievable, and based on solid background and economic logic to produce the highest and best use of the property, and to further the mission statement of BDHS.” The 2005 Plan recognized that “the property is very unique in character and is located in a proximity to services and transportation corridors that make the property a very important and necessary in-fill development. Implementation of the plan will provide many residents with the opportunity to own a home within City limits and to live in a community that provides many of the needed services within walking distance.” In many ways, the 2024 Bozeman Health Subarea Plan echoes the overarching objectives of the 2005 version. But, this new plan differs significantly from the old plan. The 2024 Plan focuses more on building a framework that will support the future creation of vibrant neighborhoods and less on specific development objectives. Therefore, this plan does not include specific development scenarios and density calculations like its predecessor. Detailed development plans are more appropriate for subsequent master site planning efforts. Figure 2. 2005 Bozeman Deaconess Health Services Subarea Plan 3 2024 Bozeman Health Subarea Plan 292 42024 Bozeman Health Subarea Plan 293 Existing Conditions Land Use The 100 acres of the property west of Highland Boulevard is predominately occupied by Bozeman Health Deaconess Regional Medical Center, Hillcrest Senior Living, and The Knolls at Hillcrest. The 400 acres that remains east of Highland Boulevard, the focus of this plan, has historically been used for agricultural purposes. Despite being platted for development in the past, the property has remained as farm and ranchland. The homestead at the northern end of the property is a reminder of this agrarian heritage. The 140-acre Highland Glen natural area includes seven miles of trails and is open to the public for year-round access thanks to a partnership between Bozeman Health, City of Bozeman, Gallatin Valley Land Trust, and Bridger Ski Foundation. Natural Features & Amenities The topography of the Bozeman Health property west of Highland Boulevard generally slopes down to the north. East of Highland Boulevard the topography is more complex with the agricultural tracts gently sloping to the north while Highland Glen is defined by steep grades. An intermittent drainage occupies the coulee and is home to a variety of vegetation ranging from sage brush to stands of aspen trees. The Glen also supports nearly seven miles of natural surface trails with numerous access points that serve as rudimentary trailheads connecting to the larger Bozeman trail system. Infrastructure The Bozeman Health property is bordered by Highland Boulevard, Kagy Boulevard, and Bozeman Trail Road. A shared use path runs along the west side of Highland Boulevard between Main Street and Kagy Boulevard. Municipal water and sewer mains are located within the Highland Boulevard corridor. There are no public utilities adjacent to the subject property along Kagy Boulevard or Bozeman Trail Road. A municipal sewer main bisects a large portion of Highland Glen to serve the New Hyalite View neighborhood. Overhead electricity transmission lines bisect the property between Bozeman Trail Road and Highland Boulevard. Figure 3. Existing Conditions Map 5 2024 Bozeman Health Subarea Plan 294 62024 Bozeman Health Subarea Plan 295 1956 – Bozeman Health purchases 500 acres of property along Highland Blvd 1963 – Hillcrest Retirement Homes open 1986 – Bozeman Health opens the new Deaconess Hospital on Highland Blvd 1990 – Highland Park 1 medical office building opens 1992 – Highland Park 2 medical office building opens 1998 – Highland Park 3 medical office building opens 1999 – A new 10-bed Emergency Department is completed 2005 – Highland Park 4 medical office building opens 2008 – The Knolls at Hillcrest, Montana’s first Active Adult Lifestyle Neighborhood, opens 2010 – Highland Glen opens to the public in partnership with nordic ski trail grooming by Bridger Ski Foundation 2012 – Highland Glen trails system is established in partnership with Gallatin Valley Land Trust and the City of Bozeman 2016 – Highland Park 5 medical office building opens 2020 – The new Critical Care Unit and Patient Care Tower opens Bozeman Health History 7 2024 Bozeman Health Subarea Plan 296 Context within the Bozeman Community Plan Land Use Planning Most communities in Montana adopt a land use plan as defined and governed by the 2023 Montana Land Use Planning Act. A land use plan, commonly called a community plan or growth policy, establishes community goals related to land use, housing, natural resources, economic development, public facilities, and local services.State law allows for the adoption of area plans that are consistent with the overall land use plan. Often, when the expanse of an area plan is large enough to include multiple neighborhoods it is considered a subarea plan. Due to the size of the Bozeman Health property this plan constitutes a subarea plan as it encompasses several potential future neighborhoods. Bozeman Community Plan The current City of Bozeman land use plan was adopted as the Bozeman Community Plan 2020. From this point on, when this plan sites the Bozeman Community Plan, or simply the Community Plan, it is referring to the City of Bozeman's land use plan. This plan establishes the fundamental vision for guiding the continued growth of the community. The Community Plan articulates the citizenry’s priority to maintain Bozeman as “a flourishing, safe, healthy, and a vibrant place to live, work, and raise a family.” The Bozeman Community Plan covers seven themes: 1. A Resilient City 2. A City of Unique Neighborhoods3. A City Bolstered by Downtown and Complimentary Districts 4. A City Influenced by Our Natural Environment, Parks, and Open Lands 5. A City that Prioritizes Accessibility and Mobility Choices 6. A City Powered by its Creative, Innovative, and Entrepreneurial Economy 7. A City Engaged in Regional Coordination. Subarea Plan The Bozeman Health Subarea Plan directly supports and advances six of the seven themes established in the Bozeman Community Plan. Bozeman Health’s planning intent statements and land use objectives form the foundation of the Subarea Plan and inform a series of proposed public infrastructure and amenity improvements. These improvements include streets, utilities, active transportation, trails, parks, and natural areas which are illustrated with a comprehensive series of maps. It is important to note that the Subarea Plan primarily focuses on the undeveloped property east of Highland Boulevard. The vision proposed for these 400 acres responds to and supports the existing developments west of Highland Boulevard. Chapter 4 highlights the master site plan and Bozeman Health's vision for future expansion of the Deaconess Regional Medical Center west of Highland Boulevard. While comprehensive, the Subarea Plan incorporates by reference the content of the Community Plan regarding detailed information and projections relating to socio-cultural demographics, economic development, and infrastructure planning, in addition to the adoption and amendment processes. As referenced above, the Bozeman Health Subarea Plan will become an amendment to the Bozeman Community Plan 2020. As such, the process to formulate and adopt the Subarea Plan met the land use plan requirements established by state law. “Bozeman’s high rate of growth and changing economics, the rapid development in surrounding Gallatin County, and state law mandating that community plans be kept up- to-date, all make it necessary for Bozeman to adopt a new community plan. Without guided growth and development, the community’s identity and overall quality of life could be diminished by congestion and pollution. The City has had five community plans dating back to 1958, the most recent being its 2009 plan. Each plan builds upon the others, reflecting the community’s vision and needs over time.” - Bozeman Community Plan 2020 82024 Bozeman Health Subarea Plan 297 Bozeman Health's Planning Intent Statements Uphold our mission to improve community health and quality of life Ensure access for all to an #Outdoor HealthyLife by preserving and enhancing Highland Glen Engage the community to identify common values and outcomes to be reflected in the Subarea Plan Partner with our community in regional growth challenges and opportunities by supporting the Bozeman Community Plan Land Use Objectives 1. Preserve and enhance the natural environment, trails, and heritage of Highland Glen. 2. Provide additional health care services; commercial services that support Bozeman Health and the surrounding neighborhoods; community and workforce housing. 3. Envision neighborhoods with a variety of housing types, shapes, sizes, and intensities. Plan Themes 1. A Resilient District 2. A Unique District 3. A Complementary District 4. A District Influenced by Natural Environment, Parks, & Open Lands 5. A District Prioritizing Accessibility & Mobility 6. A District Powered by an Innovative & Entrepreneurial Economy Framework Elements Future Medical & Commercial Development Highland Glen Linear Parks Active Transportation Network Community Activity Nodes 9 2024 Bozeman Health Subarea Plan 298 Community Engagement A robust community engagement effort was implemented throughtout the Subarea planning process. The goals of this effort were to keep the public informed, generate new ideas, and gather feedback from the local community in order to ensure that the plan reflects the values of the neighbors and Bozeman community at large. Engagement Types The Bozeman Health Subarea Plan employed a variety of engagement strategies throughout the development in attempt to reach as many individuals as possible. The range of strategies included an engagement website dedicated to updating the public through the project’s entirety and providing opportunities for online feedback, eleven specific focus group meetings, and four public open houses hosted at the Bozeman Health Deaconess Regional Medical Center. Engagement Outcomes Much of the engagement feedback confirmed the priorities that the planning team had already identified for the Subarea Plan. First and foremost, community members reiterated the importance of preserving Highland Glen and its current public access, solidifying it as a community-wide asset. In addition, many community members pushed for the prioritization of walkable neighborhoods, increased recreation access, a complete multi-modal transportation network, thoughtful expansion of medical services, and modest development that maintains mountain viewsheds and the character of the area. These community priorities were addressed and reflected as well as possible through the Plan’s land use objectives and framework. Engagement Timeline Focus Group Meetings 4/11/22 Bozeman Health Employees 5/19/22 New Hyalite Neighborhood Association 6/1/22 Gallatin Valley Land Trust (GVLT) 6/6/22 Marwyn-Lindley Neighborhood Association 6/7/22 Northern Rockies Professional Association 6/8/22 The Knolls Homeowners Association 6/13/22 Bridger Ski Foundation (BSF) 9/8/22 City of Bozeman Department Staff 10/5/22 GVLT & BSF 1/10/23 City of Bozeman Department Staff 5/10/23 New Hyalite Neighborhood Association Public Open House Events 6/21/22 Public Open House #1 7/12/22 Public Open House #2 10/6/22 Public Open House #3 10/12/22 Public Open House #4 Public Comment Period – Draft Plan 11/7/23 60-day public review and comment period of Draft Plan 11/27/23 Draft Plan Presentation #1 12/5/23 Draft Plan Presentation #2 Engagement Website Statstics 5570 |195 | 3528 |2603 | Total Visits Completed Surveys Total Unique Users Downloaded Documents 102024 Bozeman Health Subarea Plan 299 2CHAPTER 2: PLAN VISION 300 2. Plan Vision Vision Overview The new vision for the Subarea Plan focuses on the 400-acres east of Highland Boulevard in a way that complements and integrates with the well-established vision for the 100-acres of property west of Highland Boulevard. The overall vision of the Subarea Plan seeks to balance the opportunity to preserve open space while addressing the challenges of a growing community. West of Highland Boulevard All of Bozeman Health’s development to date of the Subarea Plan property has occurred west of Highland Boulevard. Bozeman Health Deaconess Regional Medical Center, Hillcrest Senior Living, and The Knolls currently provide an wide spectrum of residential and medical services to the community. Any additional infill development will stay true to these established uses by enhancing the existing built environment. East of Highland Boulevard The property across the street from the Deaconess Regional Medical Center consists of three large agricultural tracts and Highland Glen natural area. Despite its longstanding history as farming and natural open space, this land has been considered for development over recent decades. In light of increasing growth challenges, Bozeman Health sees an opportunity to create a vision for this land that honors its rural heritage and maintains Highland Glen as a community asset accessible to the entire community. 12301 Planning Intent Statements Bozeman Health began the planning process by defining four planning intent statements to serve as the Plan’s guiding principles. The first intent statement is Bozeman Health’s primary organization mission as a health care provider, which guides all their efforts. The other three intent statements prioritize the importance of partnerships to address regional growth, promoting healthy outdoor lifestyles, and committing to community engagement. 1. Uphold our mission to improve community health and quality of life 2. Partner with our community in regional growth challenges and opportunities by supporting the Bozeman Community Plan 3. Ensure access for all to an #OutdoorHealthyLife by preserving and enhancing Highland Glen 4. Engage the community to identify common values and outcomes to be reflected in the Subarea Plan Bozeman Health’s Intent is to... 13 2024 Bozeman Health Subarea Plan 302 Land Use Objectives Considering the amount of land within the Subarea Plan, the variety of existing conditions, and the City’s Future Land Use Map, Bozeman Health identified three primary land use objectives for the distinct parts of their property. The plan is founded on the preservation of Highland Glen's natural character and public access. The second objective focuses on providing additional medical and supportive services adjacent to Highland Boulevard. The final land use objective addresses the need for additional housing of all types. ↑Photograph of Highland Glen by Matt Lavin, under a CC BY-SA 2.0 license 142024 Bozeman Health Subarea Plan 303 6.9 Miles of Trail 142 Acres Highland Glen Parks & Open Lands Figure 4. Land Use Objective 1 Highland BlvdKagy Blvd Ellis St 15 2024 Bozeman Health Subarea Plan 304 6.9 Miles of Trail 142 Acres Highland Glen Parks & Open Lands Community Plan Definition: PARKS & OPEN LANDS All recreational lands, including parks, are included within this category, as well as certain private lands. These areas are generally open in character and may or may not be developed for active recreational purposes. This category includes conservation easements or other private property which may not be open for public use. Land Use Objective 1: Preserve and enhance the natural environment, trails, and heritage of Highland Glen.Bozeman Trail RdHa g g e r t y L n 162024 Bozeman Health Subarea Plan 305 Figure 5. Land Use Objective 2 Highland BlvdKagy Blvd Ellis St 17 2024 Bozeman Health Subarea Plan 306 Community Plan Definitions: RESIDENTIAL MIXED USE This category promotes neighborhoods substantially dominated by housing, yet integrated with small-scale commercial and civic uses. The housing can include single-attached and small single-detached dwellings, apartments, and live-work units. Multi-unit, higher density, urban development is expected. COMMUNITY COMMERCIAL MIXED USE This 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. REGIONAL COMMERCIAL & SERVICES Regionally significant developments in this land use category may be developed with physically large and economically prominent facilities requiring substantial infrastructure and location near significant transportation facilities. Development within this category needs well-integrated utilities, transportation, and open space networks that encourage pedestrian activity and provide ready- access within and adjacent to development. Land Use Objective 2: Provide additional health care services; commercial services that support Bozeman Health and the surrounding neighborhoods; community and workforce housing.Bozeman Trail RdHa g g e r t y L n 182024 Bozeman Health Subarea Plan 307 Figure 6. Land Use Objective 3 Highland BlvdKagy Blvd Ellis St 19 2024 Bozeman Health Subarea Plan 308 Community Plan Definition: URBAN NEIGHBORHOOD 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. 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. Higher density residential areas are encouraged to be, but are not required or restricted to, proximate to commercial mixed use areas to facilitate the provision of services and employment opportunities without requiring the use of a car. Land Use Objective 3: Envision neighborhoods with a variety of housing types, shapes, sizes, and intensities. ↗Photograph of Homes near the Deaconess Regional Medical Center by Matt Lavin, under a CC BY-SA 2.0 licenseBozeman Trail RdHa g g e r t y L n 202024 Bozeman Health Subarea Plan 309 Future Land Use The Bozeman Community Plan 2020 includes a Future Land Use Map that prescribes general categories of desired development types and densities for every area of the city. Each future land use is compatible with numerous existing zoning designations that would effectively implement the intended uses.The current Future Land Use Map has established that the land within the subarea boundary is a mix of five different land use designations: Urban Neighborhood, Community Commercial Mixed Use (CCMU), Regional Commercial & Services, Residential Mixed Use, and Parks & Open Lands. The land west of Highland Boulevard is largely defined by Urban Neighborhood over the residential areas of Hillcrest Senior Living and The Knolls at Hillcrest, and Regional Commercial & Services and CCMU over the Bozeman Health Deaconess Regional Medical Center campus. On the east side of Highland Boulevard, the agricultural tract directly adjacent to Highland Boulevard is designated as CCMU and Residential Mixed Use. The rest of the vacant land to the east of Highland Boulevard is designated as Urban Neighborhood, apart from a small region identified as CCMU along Kagy Boulevard. Based upon the City's current land use designations, the entirety of Highland Glen has been identified as developable land under Urban Neighborhood or CCMU permitted zones. Bozeman Health looks to change this possiblity and take appropriate measures to protect Highland Glen from future development. Figure 7. Current Future Land Use Map Highland Blvd21 2024 Bozeman Health Subarea Plan 310 Kagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 222024 Bozeman Health Subarea Plan 311 Proposed Future Land Use The Plan proposes to revise the Community Plan’s future land use map by designating Highland Glen as privately held “Parks & Open Land,” as shown in Figure 8. This change would reduce the amount of land designated as “Community Commercial Mixed Use” and “Residential Mixed Use” immediately east of Highland Boulevard. Recategorizing Highland Glen would also reduce the amount of “Urban Neighborhood” designated along Kagy Boulevard and Bozeman Trail Road. The node of Community Commercial Mixed Use proposed along Kagy Boulevard in the Community Plan is recommended to be relocated to the west. “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. 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 development.” - Bozeman Community Plan 2020 Figure 8. Proposed Future Land Use Map Highland Blvd23 2024 Bozeman Health Subarea Plan 312 Kagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 242024 Bozeman Health Subarea Plan 313 Plan Themes The six themes of the Subarea Plan directly reflect and support the major components of the Bozeman Community Plan which “describe community-derived desired outcomes.” The Community Plan explains that the themes “contain objectives and actions to guide the City towards its vision and evolve as the City grows.” Each Community Plan theme has been tailored to apply specifically the unique attributes of Bozeman Health property. The Subarea Plan envisions the Bozeman Health property evolving into a distinct district centered around services, housing, and amenities that support community health. Therefore, where the Community Plan themes refer to the entire City or individual neighborhoods, the Subarea Plan reframes those objectives at the district level. The Subarea Plan themes inspired the plan Framework elements established in Chapter 3. The Framework provides the structure for outlining goals and objectives for each planning theme in Chapter 4. Finally, these actionable outcomes set the stage for a review of implementation challenges and opportunities in Chapter 5. A Resilient District “Our City desires to be forward thinking, collaborative, and deliberate in planning and execution of plans and policies to enable our community to successfully ride the waves of change.” - Bozeman Community Plan Bozeman Health envisions a resilient district planned to be environmentally, economically, and culturally sustainable. A Unique District “Our City desires to be diverse, healthy, and inclusive, defined by our vibrant neighborhoods, quality housing, walkability, excellent schools, numerous parks and trails, and thriving areas of commerce.” -Bozeman Community Plan Bozeman Health envisions a unique district of distinct, walkable neighborhoods including housing, basic services, and employment opportunities. 25 2024 Bozeman Health Subarea Plan 314 A Complementary District “Our City is bolstered by our Downtown, Midtown, University and other commercial districts and neighborhood centers that are characterized by higher densities and intensities of use.”- Bozeman Community Plan Bozeman Health envisions a regional health services district with a diverse mix of medical, commercial, and residential uses. A District Influenced by Natural Environment, Parks, & Open Lands “Our City is home to an outdoor-conscious population that honors and protects our natural environment and our well-managed open space and parks system.” - Bozeman Community Plan Bozeman Health envisions a district influenced by the natural environment and open lands anchored by Highland Glen. 262024 Bozeman Health Subarea Plan 315 A District Prioritizing Accessibility & Mobility “Our City fosters the close proximity of housing, services, and jobs, and desires to provide safe, efficient mobility for pedestrians, cyclists, transit users, and drivers.”- Bozeman Community Plan Bozeman Health envisions a district prioritizing accessibility and mobility with a network of complete streets and active transportation encouraging bicyclists and pedestrians. A District Powered by an Innovative & Entrepreneurial Economy “Our City benefits from and desires to further an expanding economy that is powered by the talents of its residents, a dedicated and engaged business community, and strong regional partnerships.” - Bozeman Community Plan Bozeman Health envisions a district powered by an innovative and entrepreneurial economy with expanded regional health care facilities and services. 27 2024 Bozeman Health Subarea Plan 316 317 3CHAPTER 3: THE FRAMEWORK 318 3. The Framework Framework Elements The framework described in this chapter provides the critical backbone to this plan. It identifies six unique framework elements that will ensure that any future development on this land will create desirable neighborhoods that will thrive through their walkability, active community, unique identity, and access to valuable community assets. Context: Deaconess Regional Medical Center & Hillcrest The west side of Highland Boulevard is home to the Bozeman Health Deaconess Regional Medical Center and Hillcrest Senior Living. Although this land is already largely developed, Bozeman Health will continue to expand and adapt their Deaconess Regional Medical Center to respond to the growing medical care needs of Bozeman and the local region. Because the trajectory of the west side of Highland Boulevard is already largely defined, this land is not the focus of the Subarea Plan, its context has a great influence on the remaining area addressed in this document. 1. Future Medical & Commercial Services This plan identifies approximately 15 acres of land along the east side of Highland Boulevard, adjacent to the current Deaconess Regional Medical Center, for future medical and complementary commercial services. This land will provide the opportunity for Bozeman Health to expand their Deaconess Regional Medical Center if needed or allow for supporting health services and businesses to be located adjacent to the current Medical Center. Auxiliary primary services may include private specialized medical practices and wellness clinics, while secondary services may include hotels, restaurants, fitness centers, and pharmacies. Reserving the land for these specific uses will ensure the accommodation of future Deaconess Regional Medical Center growth. 2. Community Activity Nodes Three specific community nodes have been identified within the planning area to serve as activity anchors for current and future adjacent communities. The first community node is the Homestead Node located at the northern end of Highland Glen. Highland Glen’s historic homestead was established nearly 150 years ago and the land has been farmed and ranched by several local families since. The intent is for the farm to be transformed into a local heritage center, cultural and ecological learning hub, community event space, and public gardens. 30319 The second node is the Highland Glen trailhead node located at the southern end of the Glen off Kagy Boulevard. The trailhead will provide improved access, service, and amenities to Highland Glen nature preserve for all users and recreationalists. The facility could include a paved parking lot, year-round restrooms, a picnic pavilion, winter warming center, and bike repair station. The third identified node is a commercial node located in the southeast corner of the Kagy agricultural tract, adjacent to Kagy Boulevard. This commercial node will allow for neighborhood-oriented local businesses that will provide walkable amenities to residents in the area. These commercial businesses could include coffee shops, restaurants, convenience stores, or other small businesses. 3. Highland Glen Highland Glen and its expansive trail system is an extremely valued asset in the Bozeman outdoor community. Thousands of Bozeman residents seek out 31 320 the peaceful 142-acre glen year round. In the warm months, Highland Glen trails are bustling with walkers, runners, and bikers, while in winter, the groomed ski trails are busy with cross-country skiers. Bozeman Health is committed to maintaining public access to this treasured trail system and will protect Highland Glen from any potential future development. This plan has prioritized the preservation and enhancement of Highland Glen as a protected open space with public access. 4. Linear Parks Linear parks will be an essential feature if development is sought on any of the three agricultural tracts. The linear parks will be long stretches of designated park land located along the boundary between the three agricultural tracts and Highland Glen Nature Preserve. Designed to be about 100 feet in width, the linear parks will provide a crucial transitional buffer between the nature preserve and any future development. The parks should have amenities for all ages and abilities that Highland Glen does not have the opportunity to support, including paved shared use paths, playgrounds, climbing boulders, benches, shade structures, and improved access to Highland Glen itself. 5. Active Transportation Network A network of non-motorized shared use paths is outlined within the planning area to circumnavigate each agricultural tract, boarder Highland Glen, and create east-west connections through the Glen. Where available, each section of the proposed linear parks will include a shared use path. With a comprehensive active transportation network that includes connections between all agriculture tracts, no vehicle streets will be required to bisect or disturb Highland Glen. In addition, three bike and pedestrian tunnels under Highland Boulevard and one tunnel under Kagy Boulevard are proposed to create safe crossing options between the existing Deaconess Regional Medical Center and potential development on the east side of Highland Boulevard, and between Highland Glen and Painted Hills trailhead. Photograph of a Shared Use Path by James Lewis, under an Unsplash License 321 6. Potential Street Alignment A preliminary alignment of primary streets has been established for the three agricultural tracts (shown as dashed gray lines). A defining and foundational feature of each tract's road network is the parkway street that runs adjacent to the three linear parks. The critical purpose of these parkways is to secure universal and continuous access to the linear parks and Highland Glen Nature Preserve by establishing adjacent public right-of-way and preventing private property from abutting the park areas and blocking public access. These parkways also provide an opportunity to create low-speed scenic routes through the potential neighborhoods. Additional primary streets are placed in intuitive alignments within the tracts that extend from existing streets across Highland Boulevard, Kagy Boulevard, and Bozeman Trail, connecting potential new development to the current transportation network. A Holistic Framework The combination of these six essential elements creates a holistic framework for guiding smart and desirable development for the land addressed in this plan. The graphic on the right illustrates how the elements fit together to create a single vision for the rest of the Subarea Plan. Figure 9. Framework Elements Map Highland Blvd33 2024 Bozeman Health Subarea Plan 322 Kagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 342024 Bozeman Health Subarea Plan 323 4CHAPTER 4: THE PLAN 324 4. The Plan Goals & Objectives The Bozeman Health Subarea Plan reflects and supports the Bozeman Community Plan 2020, and as such both plans “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 development.” As outlined in Chapter 2, the Subarea Plan is structured on six of the seven themes of the Community Plan. 1. A Resilient District The Community Plan states, “our City desires to be forward thinking, collaborative, and deliberate in planning and execution of plans and policies to enable our community to successfully ride the waves of change.” To that end, the Subarea Plan envisions Bozeman Health’s property as a resilient district. It is a deliberate plan that prioritizes a sustainable and equitable neighborhood framework focused on accessibility, active transportation, and natural open space.As Bozeman continues to grow, the Subarea Plan provides an opportunity in the core of town to create a place where a diversity of people can live, work, socialize, and recreate. The Subarea Plan proposes a mix of uses that would complement one another to create a complete district.Downtown Bozeman and Montana State University are within 1.5 miles and 2.5 miles respectively from the Bozeman Health property. The proximity adds tremendous access between these important community centers for pedestrians and bicyclists.The key to a resilient city is utilizing infill opportunities to create compact, mixed-use neighborhoods which reduce dependency on vehicles and build social capital. ↑Photograph of Downtwon Bozeman by Jacob, stock.adobe.com 36325 2. A Unique District The Community Plan identifies Bozeman as “diverse, healthy, and inclusive, defined by our vibrant neighborhoods, quality housing, walkability, excellent schools, numerous parks and trails, and thriving areas of commerce.” As described in Chapter 3, the Subarea Plan Framework outlines a unique district with a distinctive combination of residential neighborhoods, commercial areas, natural open space, and multimodal accessibility. Complete Community Future residential neighborhoods would include a full spectrum of housing options ranging from single detached homes to a variety of apartments and workforce housing. The commercial development envisioned would include small-scale neighborhood retail to medical offices to hospitality businesses. The proposed residential and commercial areas are connected to Highland Glen and one another by an all-season active transportation network. This diversity of residential and commercial options, natural open spaces, and multimodal trails would create an inclusive and accessible neighborhood. Unique Sense of Place Bozeman Health envisions the preserving the homestead at the north end of the Glen as a community center to honor and celebrate the cultural and agricultural heritage of the Glen. Central to this heritage were the generations of farming and ranching by the King, Molendyks, Knutson, Kurk, and Kraft families. Bozeman Health maintains land use licenses with the Gallatin Valley Land Trust (GVLT), Bridger Ski Foundation (BSF), and the City of Bozeman. These agreements allow for public access to and year-round use of nearly 7 miles of trails. To enhance and facilitate public access, a full-featured trailhead is proposed at the south end of the Glen. These proposed community activity nodes, the Homestead and the Trailhead, would anchor the ‘complete’ neighborhood and create a truly unique place. History of Highland Glen Bannock, Blackfoot, Crow, Nez Perce, Salish, and Shoshone likely traversed the Glen while traveling between the Gallatin Valley and the Paradise Valley. In 1806, William Clark of the Corps of Discovery established a survey benchmark on a knoll along the coulee’s edge. One hundred years later, Otto and Nellie Knutson build and settle in the homestead at the north end of the Glen. Figure 10. Framework Element: Community Activity Nodes Map Highland Blvd37 2024 Bozeman Health Subarea Plan 326 “Neighborhoods or communities that offer a mix of housing, needed services, and opportunities within close proximity of each other are considered “complete communities”. They promote walking or short commutes to the things in life we value and depend on including jobs, schools, places of worship, friends, goods and services, open spaces, trails, appropriately scaled urban agriculture such as community gardens, and more.” - Bozeman Community Plan 2020 Kagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 382024 Bozeman Health Subarea Plan 327 3. A Complimentary District The Bozeman community is defined by a variety of unique districts that provide specific services, feature distinct built environments, and offer diverse experiences. This is recognized by the Community Plan which declares “our City is bolstered by our Downtown, Midtown, University and other commercial districts and neighborhood centers that are characterized by higher densities and intensities of use.” The Subarea Plan envisions the Bozeman Health Deaconess Regional Medical Center as the nucleus of a new complimentary district. The Bozeman Health District Like the others identified in the Community Plan, the Bozeman Health district will be a complete and self-sufficient neighborhood but will also complement other nearby districts. The envisioned evolution of Bozeman Health’s property represents a unique opportunity for responsible infill development. The Bozeman Health district would take advantage of and improve existing community assets. The Subarea Plan represents a counterbalance to the recent expansion of town to the west without requiring annexation and the costly extension of public services.The addition of more residences and expanded medical facilities in the Bozeman Health area will help support the MSU, Downtown, Midtown, and the Northeast Neighborhood districts. The proximity of these districts to one another will allow residents and employees to conveniently access a wider variety of services. Interconnected Districts The symbiotic relationship between the districts on the east side of the community will rely on robust multimodal connectivity. The Subarea Plan proposes an extensive active transportation network that would connect to existing shared use paths, trails, and bike lanes. Proactively planning multimodal connectivity would allow residents and visitors numerous low-stress options to travel within and between the Bozeman Health, MSU, Downtown, Midtown, and Northeast Neighborhood Districts. 39 2024 Bozeman Health Subarea Plan 328 Figure 11. Bozeman Districts Map 402024 Bozeman Health Subarea Plan 329 4. A District Influenced by Natural Environment, Parks, & Open Lands A high priority of the Subarea Plan is to protect and enhance Highland Glen. Therefore, no part of the Community Plan resonates more than its acknowledgement that Bozeman is home to “an outdoor-conscious population that honors and protects our natural environment and our well- managed open space and parks system.” As envisioned by the Plan, the Bozeman Health district is heavily influenced by the natural open space of the Glen. Preserve Highland Glen The backbone of the Subarea Plan’s framework is preserving Highland Glen, perpetuating public access, and enhancing its accessibility. As such, the Glen directly influences how the other Subarea Plan framework elements are defined, located, and interact with one another. The linear parks, active transportation system, and internal street network all respond to, help preserve, and enhance the Glen. Bozeman Health intends to continue partnering with GVLT, BSF, and the City to ensure that Highland Glen is well-managed in a collaborative way. The proposed Homestead and Trailhead community nodes will improve access to the Glen and contribute to a wholistic management strategy. The Subarea Plan imagines the Glen as both a natural open space preserve and a healthy recreation hub for the Bozeman Health district and the greater community. Connected Parks & Trails The proposed linear parks lining the perimeter of Highland Glen would establish a network of highly accessible green spaces. Highland Glen and associated linear parks would complement, enhance, and connect to Burke Park (aka Peet’s Hill), Lindley Park, and Painted Hills trail corridor. This collaborative vision to connect and manage parks and trails supports Bozeman’s recently adopted Park, Recreation, and Active Transportation (PRAT) Plan goal to “strengthen programs, places, and partnerships to meet changing community needs.” Figure 12. Framework Elements: Highland Glen & Linear Parks MapHighland Blvd41 2024 Bozeman Health Subarea Plan 330 “Bozeman’s physical landscape provides residents and visitors variety when moving amongst its streets, bike paths, and trails. This variety is often noted as an important part of Bozeman’s unique character – to experience open, agricultural, and recreational spaces just minutes from dense, urban corridors from the seat of a bike or a car, a bus, or when walking.” - Bozeman Community Plan 2020 Kagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 422024 Bozeman Health Subarea Plan 331 5. A District Prioritizing Accessibility & Mobility A primary goal of the Subarea Plan defines a transportation vision that accommodates vehicle access but prioritizes active transportation. Therefore, the backbone of the mobility network is system of shared use paths that provide connectivity to, from, and within the Bozeman Health district. This mobility plan embodies the goal of the Community Plan to equally “provide safe, efficient mobility for pedestrians, cyclists, transit users, and drivers.” Shared Use Paths The recommended shared use paths create an extensive network of year-round routes for pedestrians, bicyclists, and other micromobility users. Wide paved paths are located adjacent to the Highland Glen linear parks to not only provide continuous access but also to serve a buffer between the streets and the greenspaces.Shared use paths are the only paved transportation infrastructure proposed to bisect Highland Glen. Previous plans included local streets cutting through the Glen in several locations. Doing so would not be feasible due to the steep grades and spanning the Glen with streets would be cost prohibitive. But more important, the introduction of streets and vehicles would damage the Glen’s open space, natural habitat, and recreational trail system. The proposed shared use paths traverse the Glen in a sensitive way that would preserve the natural setting while providing efficient transportation connectivity. “An affordable, livable, sustainable city should grow with reduced reliance on driving alone to reach daily destinations. Active transportation increases daily physical activity, improving health and lowering healthcare costs. Thoughtful community planning provides residents and visitors with a wide range of transportation options. Appropriately designed trails, sidewalks, crossings, bike lanes, and transit networks help us move around our neighborhoods and promote safe, efficient passage to our destinations.” - Bozeman Community Plan 2020 Figure 13. Framework Elements: Active Transportation Network Map Highland Blvd43 2024 Bozeman Health Subarea Plan 332 Kagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 442024 Bozeman Health Subarea Plan 333 Safe Street Crossings A critical component of a comprehensive active transportation network is safe street crossings for pedestrians and bicyclists. When streets carry a large amount of traffic or higher vehicle speeds a safe crossing must be what is technically called “grade separated”. The Subarea Plan calls for four tunnels to provide grade-separated street crossings. Two would connect across Highland Boulevard to and from the Deaconess Regional Medical Center. The other two would connect the proposed shared use paths and existing natural trails to the Burke Park and Painted Hills trail systems. More than Complete Streets The internal local street network proposed by the Subarea Plan would meet or exceed the City’s “complete street” requirements for vehicle lanes, bike facilities, landscaped boulevards, lighting, and sidewalks. The streets adjacent to the proposed linear parks would be “parkways” to create safe, low-stress environments. Likewise, “bike boulevards” should be incorporated into the local street network to provide additional multimodal neighborhood routes. The Subarea Plan’s shared use paths, bike boulevards, and parkways combined with the existing Highland Glen trails would help implement the PRAT Plan active transportation goal to “connect the community with safe and enjoyable pedestrian and bicycle facilities.” Integrated Transit The envisioned mix of land uses and moderate density of future development would provide the critical mass necessary to warrant Streamline servicing the Bozeman Health district with public transit. The addition of transit services to the other proposed transportation modes would create a holistic mobility system for the Bozeman Health district. Bike Boulevards Bike boulevards, also known as neighborhood greenways, are local streets that prioritize bicyclists, pedestrians, and micromobility users of all ages and abilities. The goal of a bike boulevard is to increase bike and pedestrian comfort, safety, and accessibility to provide more active transportation opportunities through urban settings. Although vehicle traffic is still allowed on these boulevards, cars are demoted to secondary users.Creating successful bike boulevards require implementing a variety of strategies including traffic- calming mechanisms, ample signage and pavement markings, and protected crossings. A local example of a bike boulevard is currently in progress in Bozeman. The City of Bozeman has identified Black Avenue as a designated bike boulevard and is in the process of implementing a temporary version to gather data and feedback before permanent implementation. The Black Avenue bike boulevard will include quick-build delineators, planters, signs, and pavement markings. ↑(Left) Photograph of a bike boulevard by Payton Chung, under a CC BY 2.0 license ↑(Right) Photograph of bike boulevard signage by Erica Fischer, under a CC BY 2.0 license 334 Parkways Parkways are scenic roadways located alongside public green spaces such as linear parks, streams, or lakes and are designed to establish public access to those natural spaces and their associated recreation opportunities. Parkways are characterized by narrow vehicle lanes, traffic-calming features, mid-block tabletop pedestrian and bike crossings, tree-planted medians and boulevards, and slow vehicle speeds. Being recreational in nature, they are not intended for motor vehicle through traffic. In addition, parkways are typically paired with an adjacent shared use path for pedestrian and bike use. Street parking along one side of the parkway next to the public natural areas can provide improved access to the green spaces, shared use paths, and park amenities. ↑(Top) Photograph of a parkway shared use path and street by Ben, stock.adobe.com ↑(Bottom) Photograph of a parkway in Minneapolis, MN by Minneapolis Public Works, under a CC BY 2.0 license335 6. A District Powered by an Innovative & Entrepreneurial Economy Bozeman Health’s primary mission is to improve community health and quality of life. Over the decades this mission has propelled Bozeman Health to become a regional medical provider offering a variety of services at scale across an ever-growing geography. The Subarea Plan supports the continued evolution of this mission and aligns with the Community Plan by contributing to “an expanding economy that is powered by the talents of its residents, a dedicated and engaged business community, and strong regional partnerships.” Deaconess Regional Medical Center As the Bozeman Health Deaconess Regional Medical Center grows it will need the support of other medical and commercial services. Additional outpatient needs could be served by locating new and expanded primary health care facilities along the east side of Highland Boulevard. To accommodate the needs of more patients, visitors, and employees, complementary commercial development would likely include a hotel, a variety of food and beverage establishments, and related small businesses. The expanded variety of medical and commercial services would create a synergistic economic environment fostering Bozeman Health continued growth as a regional medical center. A Diverse Live-Work District The Bozeman Health district would not only be home to the Deaconess Regional Medical Center, other medical offices, and complimentary commercial businesses, but also to residents. Diverse housing options ranging from single detached homes to townhomes to apartments would provide living opportunities for employees working in the district. Specifically, the Highland Agricultural Tract presents a prime location for the development of affordable workforce housing to support those who are employed by the Deaconess Regional Medical Center. Thoughtfully developing medical, commercial, and residential projects in close proximity fosters an ideal environment for affordable and workforce housing. Figure 14. Framework Elements: Future Medical & Commercial Map Highland Blvd47 2024 Bozeman Health Subarea Plan 336 “Community development oriented on centers of employment and activity shorten travel distances and encourage multi-modal transportation, increase business synergies, and permit greater efficiencies in the delivery of public services.” - Bozeman Community Plan 2020 Kagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 482024 Bozeman Health Subarea Plan 337 The Deaconess Regional Medical Center Campus Since relocating Bozeman Deaconess Hospital to the property along Highland Boulevard in 1986, the campus has grown significantly into a regional medical center. Five medical office buildings were constructed between 1990 and 2016. The emergency department was expanded in 1999. And most recently, the critical care tower was completed in 2020. As Bozeman Health continues to evolve so will the Deaconess Regional Medical Center. Master Campus Plan In 2023, Bozeman Health formulated a master campus plan to strategically expand their capacity to meet the community’s increasing demand for inpatient and outpatient medical care.This plan considers adding a sixth medical office building, expanding the emergency department, expanding the critical care tower, and constructing a parking garage.The campus plan also focuses on providing better patient convenience by constructing an enclosed wayfinding concourse connecting several building entrances. Additional landscaped open spaces are proposed to beautify the campus and provide more welcoming approaches along Highland Boulevard. Figure 15. Bozeman Health Master Campus Plan 49 2024 Bozeman Health Subarea Plan 338 Figure 15. Bozeman Health Master Campus Plan 502024 Bozeman Health Subarea Plan 339 5CHAPTER 5: IMPLEMENTATION 340 5. Implementation This chapter outlines factors that will guide and impact when and how the Subarea Plan vision can be realized. The Plan does not obligate Bozeman Health to implement all or any of the outlined framework elements. Likewise, with formal adoption, the City of Bozeman is not obligated to implement the public improvements referenced in this Plan. Any implementation that does come to fruition will likely involve collaboration between Bozeman Health and the City of Bozeman on many levels addressed below. Implementation will be phased and take years if not decades to materialize. Seeing this vision become a reality will require an openness to be flexible, continued community participation, building upon existing partnerships, and establishing new collaborative relationships. Future Development Bozeman Health recognizes that their property could play a positive role in the evolution and growth of the community. The Subarea Plan establishes a framework for vibrant neighborhoods but does not contemplate future development in certain terms. The Community Plan “approaches growth as something that overall is positive but recognizes that it does not come without drawbacks and that the community will change over time.” To guide positive outcomes and limit negative impacts, the City has adopted land development regulations. Land planning and development policies address the issue of growth by answering the question of “If so, how.” Land Uses & Density As outlined in Chapter 2, this Plan generally accepts the future land uses for the Bozeman Health property as prescribed by the Community Plan. Correspondingly, Bozeman Health’s land use objectives include utilizing the Community Plan designations of Parks & Open Lands, Urban Neighborhood, Residential Mixed Use, Community Commercial Mixed Use, and Regional Commercial & Services. 52341 Conceptual Land Use & Density Scenario FOR ILLUSTRATIVE PURPOSES ONLY This illustration shows a concept of how future land uses and corresponding densities might be planned during the lifespan of the Subarea Plan (approximately 10 years). This concept is not prescriptive, nor does it represent any form of planning entitlement by being included here. Figure 16. 10-year Conceptual Land Use Scenario Highland Blvd53 2024 Bozeman Health Subarea Plan 342 Beyond recognizing the intended future land uses, the Subarea Plan does not project more detailed development patterns or estimate potential densities. Specific development scenarios will be determined in the future by others following the City’s land planning processes and development regulations described below. Each of these future land uses have one or more applicable zoning designations which define appropriate development use and intensity standards. These standards are meticulously articulated in the Bozeman Unified Development Code (UDC).The UDC prescribes minimum and maximum dwelling units per acre for each residential zoning designation. Both the residential and commercial zoning designations regulate building scale and mass with specific standards for property line setbacks, lot area coverage, and maximum building heights. The UDC also mandates minimum amounts of open space and parkland for residential developments in addition to required amounts of pedestrian-oriented open space for commercial developments.The City has invested considerable time and resources updating these land use and development policies to accomplish the vision and goals of the Community Plan, and thus the UDC is a regulatory reflection of the community’s shared values. Nonetheless, there are inherent realities about growth poignantly articulated in the Community Plan:“Regulations can do many things to ensure adequate physical facilities and a visually appealing and functional development of sites. They provide a framework within which people may pursue dreams of their own homes and businesses. For all they can accomplish, there are some things they cannot do. They do not prevent change or guarantee that change will happen in the way any particular person prefers.” 542024 Bozeman Health Subarea Plan 343 Challenges & Constraints City planning documents, land use policies, and development regulations govern how growth can occur, but other challenges and constraints also influence property development. The ability to serve new development with public and community services will play a pivotal role in the future of Bozeman Health’s property east of Highland Boulevard. Transportation Network A comprehensive analysis of the existing transportation network, potential traffic demand increases, and corresponding infrastructure improvements will need to be conducted to determine future development impacts. The Subarea Plan strives to minimize single-occupancy vehicle impacts by prioritizing walking, biking, and public transit.Future master site and site planning efforts will require formal traffic impact studies and trip generation sensitivity analyses. This work will identify existing street capacities and project future traffic volumes to determine needed network expansions. In addition, future transportation studies would evaluate the capacity of and potential improvements to the following intersections: Main-Highland, Highland-Old Highland, Highland-Kagy, Kagy-Bozeman Trail, Bozeman Trail-Haggerty, Haggerty-Main.Any future transportation network and intersection capacity analyses will require coordination with the Montana Department of Transportation (MDT) as Main Street is a state highway and Kagy Boulevard is an MDT Urban Route. Public Utilities Any future development contemplated in the Subarea Plan will require detailed analysis of public water and sanitary sewer services. This work will be performed as part of future master site and site planning efforts. Water and sewer demands will need to be calculated based on proposed land uses and densities. These demands will be input into the City of Bozeman utility models to determine if the existing infrastructure has the necessary capacity to accommodate the new uses. If not, upgrades and improvements to the water and sewer systems will be required. If, over time, the full extent of the Subarea Plan comes to fruition, the City of Bozeman may need to locate new Public Works facilities in the area to support the additional water and sewer services.Taking a more holistic view, the ability to service new development is dependent on regional, national, and global pressures on water. The City of Bozeman accesses its water from a closed basin which includes three main sources: Lyman Spring, Sourdough Creek, and Hyalite Reservoir. Assuming a consistent 4% growth rate, the City has estimated that “water demand will outpace the reliable yield of the existing water supply in 2033.” Therefore, to some extent, changing climate and limited supply will likely impact the community’s ability to provide enough water for competing uses.These challenges could be mitigated by implementing sustainable water and energy systems at scale. This could include implementing wastewater recycling, renewable solar energy, or geothermal energy systems that would serve the entire neighborhood. Public Services As Bozeman continues to grow other public services like police, fire, and schools continually expand to meet the additional needs of the community. If the Bozeman Health property east of Highland and other nearby properties see significant development, the City of Bozeman may need to consider locating a new fire and police facility nearby. Likewise, the Bozeman School District would likely evaluate the feasibility of building a new school in the area with any significant residential development. Opportunities The Subarea Plan highlights several opportunities to perpetuate Bozeman Health’s long-standing commitments to their property’s agricultural heritage and public access. The land use objectives in Chapter 2 clearly establish these as foundational elements of Bozeman Health’s vision for the property. Agriculture In 2023 Bozeman Health leased the 317-acres of farmable land east of Highland Boulevard to Montana 55 2024 Bozeman Health Subarea Plan 344 “For new people and businesses to come and establish in the community the City must be able to provide land area, utility services, and other functions. It is the long standing policy of the City to balance the interests of new and existing residents. Therefore, the City has established standards and procedures to strive to ensure that new development proportionately contributes to the services and facilities needed to support new development.” – Bozeman Community Plan 2020 562024 Bozeman Health Subarea Plan 345 inherently woven throughout the neighborhood. The local production of sustainable food by community members provides a community nexus both physically and socially; fostering a strong sense of relationship to the land, food, and one another. This agrihood model could replace conventional urban residential development onone of the existing agricultural tracts. Public Access Bozeman Health will continue to partner with the City of Bozeman, Gallatin Valley Land Trust (GVLT), and Bridger Ski Foundation (BSF) to provide public access and year-round recreational opportunities at Highland Glen. Whether by renewing the current land use licenses or by contractual means, these community partnerships are invaluable to programming and managing a variety of healthy outdoor uses. There is a current opportunity for Bozeman Health to coordinate with the City, GVLT, and BSF to create a Master Trail Plan for Highland Glen. This master plan could identify future trail improvements, outline ongoing and long-term maintenance needs, establish operational best practices, and identify the roles and responsibilities of each partner. In addition, this plan State University’s Agricultural Experiment Station as part of the Foundation Seed Program. After generations of family farming, this new relationship represents the next chapter in the area’s long history of agricultural use.For Bozeman Health the MSU lease is an opportunity to continue their legacy of land stewardship. The partnership allows MSU to cultivate several foundation seed varieties and will also provide numerous research opportunities for soil science and precision agriculture. Bozeman Health intends to continue leasing Highland Glen for seasonal livestock use. For many years, a generational rancher has pastured cow-calf pairs in the Glen between the months of June and October. As discussed in Chapters 3 and 4, the Highland Glen homestead community node will honor the agricultural heritage of the property. Another possible opportunity to carry on the land's agricultural heritage is through the intentional development of "agrihoods." An agrihood is a primarily residential neighborhood designed to revolve around shared community agriculture that is “Bozeman Health is inspired by a desire to take outdoor active and healthy lifestyles and combine them with traditional services including behavioral health to increase health and wellness in a way that is accessible to all. Our leadership `care team members and community have grown to love since beginning our trails partnerships in 2013.” – Bozeman Health “The Gallatin Valley Land Trust is so proud of our decade long partnership with Bozeman Health and the incredible trails we have built together at Highland Glen. We look forward to engaging in this planning process to ensure the future of those trails and to envision new ways to connect our community to the land.” – Gallatin Valley Land Trust “The Bridger Ski Foundation is committed to the stewardship of the Highland Glen Trails. Highland Glen has served as a centerpiece of Bozeman’s trail network— accommodating hundreds of users daily from kids after school ski lessons, to community members getting out for a lunch break, to free weekend family fun days. BSF looks forward to working with Bozeman Health and the community on this land use plan.” – Bridger Ski Foundation Community Commitment to Public Access: 57 2024 Bozeman Health Subarea Plan 346 should begin to contemplate how to integrate the proposed shared use paths bisecting the Glen. The master trail plan would also provide valuable insights into the future funding needs to maintain and improve the Glen’s national-class recreation opportunities.Land Management The Highland Glen Nature Preserve Land Management Plan was prepared for Bozeman Health in 2015 by the Montana State University Department of Animal and Range Sciences. The plan acknowledges that “Bozeman Health desires to sustain the land’s ecological health and ecosystem services, and Bozeman Health desires to be a good neighbor to adjacent landowners. If compatible with these goals, Bozeman Health also wishes to: 1) provide year-round public recreational opportunities, and 2) generate income for Bozeman Health and support the Gallatin Valley economy by leasing cropland to a local farmer and leasing livestock grazing to a local rancher.” The management plan documents the water, vegetation, wildlife, and historical resources of the Glen. It also establishes land management actions that include cattle grazing, weed control, recreation, ecological monitoring, and lease agreements. The Plan outlines how agricultural uses, resources management, and public recreation will be integrated.Bozeman Health intends to continue these land management efforts with their community partners. The complete land management plan is included in Appendix B: Natural Resources & Management.In addition, the Subarea Plan acknowledges the City-accepted 2023 Gallatin Valley Sensitive Lands Protection Plan. The Subarea Plan supports multiple themes identified by the Sensitive Lands Protection Plan including habitat preservation and maintaining historic agricultural uses. By preserving Highland Glen as a significant open space corridor and continuing agricultural partnerships on the land, the Subarea Plan conserves these important resources. Planning Processes The City of Bozeman has a variety of planning documents that work in conjunction to guide the continued evolution of the community. The 2018 Bozeman Strategic Plan includes Vision Statement #4 entitled ‘A Well-Planned City’. In turn, the Community Plan and the Bozeman Health Subarea Plan are “influenced by, and will influence, a number of other local plans, guidelines, policies, and manuals. These are intended to be used together to achieve a set of community goals while minimizing redundancies.” Land Use Planning Land use and development involve a series of sequential planning processes. Each step described below has a finer scope and more detailed design requirements than the last. The process also provides additional opportunities for public engagement. 1. Subarea Plan applies the goals and objective of the Community Plan to a more specific ‘neighborhood’ or district. The City requested Bozeman Health create a new subarea plan to replace the outdated 2006 Subarea Plan. 2. Master Site Plan is required for each distinct part of a Subarea Plan. A Master Site Plan outlines the phased development of a particular property. 3. Site Plan or Subdivision is required for each development project within an approved Master Site Plan. 4. Public Infrastructure Plan is required to design, improve, and construct new public streets, water mains, sewer mains, and stormwater management systems. 5. Building Permit is required to construct each building or component of an approved Site Plan. Other Related Plans A wide variety of City of Bozeman planning documents are germane to this Subarea Plan. They include the 2017 Water Facility Plan, 2015 Wastewater Collection Facilities Plan, 2017 Bozeman Transportation Master Plan, and 2023 Parks, Recreation, and Activie Transportation Plan. Likewise, some Gallatin County and regional plans are relevant including the 2021 Triangle Trails Plan, 2022 Greater Triangle Area Transportation Plan, and the 2023 Gallatin Valley Sensitive Lands Protection Plan. 582024 Bozeman Health Subarea Plan 347 AAPPENDIX A: Existing Conditions 348 A.2349 * For Historical Perspective, Demographics, Socioeconomics, and Physiography see the 2020 Bozeman Community Plan Appendix C Land Use Current Land Use Much of the land addressed in Bozeman Health’s Subarea Plan is currently undeveloped, primarily used for agricultural purposes and publicly accessible natural open space. The presently developed portions of the Subarea Plan area are located on the west side of Highland Boulevard. This development includes the main Bozeman Health Deaconess Regional Medical Center, Hillcrest Senior Living, and the Knolls at Hillcrest residential neighborhood. Because most of the area west of Highland Boulevard is already developed, the plan primarily focuses on the land located east of Highland Boulevard. This area is comprised of three undeveloped agricultural tracts that are bisected by the Highland Glen natural space, totaling to approximately 455 acres. Current Zoning Currently, the Deaconess Regional Medical Center and the large area to the east of Highland Boulevard adjacent to the Deaoness Regional Medical Center are zoned as Community Business District (B-2). The area surrounding Hillcrest Senior Living, including the undeveloped 7 acres of the Knolls, is zoned as Residential-Office District (R-O). The Knolls at Hillcrest is zoned as Residential Medium Density District (R- 3). The area across Highland Boulevard from the Knolls and North of New Hyalite View Subdivision is zoned as Residential Low-Density District (R-1). The remainder of the Subarea Plan land is zoned as Residential Suburban District (R-S). Although these designations make up the City’s current zoning, some of the designations do not align with the City of Bozeman’s Future Land Use map that is detailed in the City’s Community Plan. See Figure #/Page # for a map of the current zoning designations. Future Land Use The City of Bozeman’s Future Land Use map that is found within the Community Plan guides what types of uses and zoning districts can be applied to specific properties. Presently, the Deaconess Regional Medical Center is designated as Regional Commercial and Services; the areas directly to the west and the area across Highland Boulevard to the east of the Deaconess Regional Medical Center, as well as a small area at the southern end of Highland Glen, are designated as Community Commercial Mixed Use; the area adjacent to the north of New Hyalite View Subdivision is designated as Residential Mixed Use; and the areas spanning Hillcrest Senior Living, The Knolls, and the eastern majority of the undeveloped agricultural land are designated as Urban Neighborhood. See page A.6 for a map of the future land use designations. Existing Facilities Transportation There are relatively few existing roads within the Subarea Plan boundary. Highland Boulevard is the only arterial street that runs through the Subarea Plan area. The other roads within the plan boundary are all local streets located on the west side of Highland Boulevard. These include Old Highland Boulevard, Aspen Point Drive, Knolls Drive, Josephine Drive, Kenyon Drive, and Post Drive. The plan’s boundary is bordered by the principal arterial Kagy Boulevard along the south, minor arterial Bozeman Trail Road along the east, and partially by the local Ellis Street along the north. The area is primarily serviced by the signalized intersection of Highland Boulevard and Ellis Street on the north boundary and the unsignalized intersection of Highland Boulevard and Kagy Boulevard west of the most southern boundary. Municipal Utilities Municipal water, sewer, and stormwater mains currently service the development on the west side of Highland Boulevard, including the Deaconess Regional Medical Center and the Knolls neighborhood. The undeveloped portion of the Subarea Plan on the east side of Highland is bordered by both water and sewer mains beneath Highland Boulevard to the west. A water main beneath Kagy Boulevard terminates at the most southwest corner of the undeveloped Subarea Plan land and another water main beneath Bozeman Trail terminates at the northeast corner of the undeveloped Subarea Plan land. Both water A.3 2024 Bozeman Health Subarea Plan 350 mains provide opportunity to be extended along their respective roads to service potential future development within the undeveloped agricultural tracts. In addition, an existing sewer main bisects the undeveloped land and Highland Glen, running from New Hyalite View Subdivision to east Ellis Street along the bottom of the glen.LEGENDCurrent Land Use Map Subarea Boundary ↑Map by City of Bozeman GIS A.42024 Bozeman Health Subarea Plan 351 LEGENDZoning Map Subarea Boundary ↑Map by City of Bozeman GIS A.5 2024 Bozeman Health Subarea Plan 352 LEGENDFuture Land Use Map Subarea Boundary ↑Map by City of Bozeman GIS A.62024 Bozeman Health Subarea Plan 353 LEGENDTransportation Network Subarea Boundary ↑Map by City of Bozeman GIS A.7 2024 Bozeman Health Subarea Plan 354 LEGENDCurrent Utilities Map Subarea Boundary Stormwater Main Water Main Wastewater Main ↑Map by City of Bozeman GIS A.82024 Bozeman Health Subarea Plan 355 BAPPENDIX B: Natural Resources & Managment 356 B.2357 Geography & Physical Conditions Topography Generally, the topography of Subarea Plan properties is characterized by gently rolling hills, sloping north or northeast. However, this rolling landscape is naturally divided by a stark drainage coulee that stretches north-south, splitting the undeveloped agricultural land into three large tracts. The coulee, called Highland Glen, is delineated by steep slopes on the east and west sides, with the steepest slopes along the east edge. Water, Streams, & Wetlands There is one drainage watercourse that flows along the bottom of the coulee within the Highland Glen area. A few ephemeral drainages feed into the glen from the west. Wetlands and riparian areas can be found along the watercourse at the bottom of the coulee.LEGENDCurrent Natural Conditions Subarea Boundary 5’ Contours Waterways Highland GlenLEGENDCurrent Natural Conditions Subarea Boundary 5’ Contours Waterways Highland Glen ↑Map by City of Bozeman GIS B.3 2024 Bozeman Health Subarea Plan 358 Trail System & Highland Glen Highland Glen refers to the significant drainage coulee found within the study area of the Subarea Plan. The Glen is currently home to a robust trail network that is publicly accessible all year round for walking, running, biking, and cross-country skiing. The trail system is maintained by two local non-profit organizations, GVLT and BSF. The trails in Highland Glen are used heavily and valued greatly by many Bozeman Community members. Vegetation The undeveloped agriculture portions of the study area are primarily dominated by agricultural crops species such as barley, wheat, peas, and lentils. Highland Glen is dominated by typical Montana grassland and forb varieties, shrubs such as sagebrush and willow, and various tree species including cottonwood and aspen.LEGENDTrails & Shared Use Paths Map Subarea BoundaryLEGENDTrails & Shared Use Paths Map Subarea Boundary ↑Map by City of Bozeman GIS B.42024 Bozeman Health Subarea Plan 359 ↑Map by Gallatin Valley Land Trust B.5 2024 Bozeman Health Subarea Plan 360 ↑Map by Bridger Ski Foundation` B.62024 Bozeman Health Subarea Plan 361 Land Management Plan * The Highland Glen Nature Preserve Land Management Plan from 2015, updated in 2024, is included on the following pages 1 | Page HIGHLAND GLEN NATURE PRESERVE LAND MANAGEMENT PLAN Prepared for: Bozeman Health May 5, 2015 Prepared by: Jeff Mosley, PhD Extension Range Management Specialist Department of Animal and Range Sciences Montana State University Bozeman, MT 59717-2900 Office: 406-994-5601 Cell: 406-579-8177 FAX: 406-994-5589 Email: jmosley@montana.edu Reviewed and referenced annually for ongoing operations: 2016, 2017, 2018, 2019, 2020, 2021, 2022, 2023, 2024 Reviewed by: Brianne Rogers, Consultant Bird Dog Strategies, LLC Email: briannerogers@gmail.com Cell: 406-579-2921 1.0 EXECUTIVE SUMMARY This plan describes how Bozeman Health (BH) will manage about 430 acres of undeveloped land near Bozeman Health Deaconess Hospital in Bozeman, Montana. BH desires to sustain the land’s ecological health and ecosystem services, and BH desires to be a good neighbor to adjacent landowners. If compatible with these goals, BH also wishes to: 1) provide year-round public recreational opportunities, and 2) generate income for BH and support the Gallatin Valley economy by leasing cropland to a local farmer and leasing livestock grazing to a local rancher. Current land health is generally good to excellent, with the notable exception of a large infestation of the noxious weed common tansy and much smaller infestations of the noxious weeds Canada thistle, hound’s tongue, musk thistle, and spotted knapweed. The cropland lessee will be responsible for weed control on the cropland, and a licensed contractor will be responsible for weed control within the cropland field buffers and throughout the remainder of the property. Light to moderate-intensity cattle grazing from July 15-October 15 each year will be used to suppress the noxious weed Canada thistle, enhance wildlife habitat and biological diversity, and reduce the threat of wildfire. Motorized machinery is permitted for operational purposes for the farmer and rancher lessees. Motorized scooters for handicapped trail users are permitted; pedal-powered bicycles are also permitted. No other motorized recreation will be permitted. Working with Gallatin Valley Land Trust (GVLT), BH will update and add to existing signage at trailheads to interpret the land’s ecology and significant history for recreational users. Signs will be installed at all trailheads to inform recreational users about farming and cattle grazing on the property and to advise people about how to safely coexist with the farming and cattle grazing as they recreate. Any trail changes or additions will be coordinated between BH and GVLT. B.7 2024 Bozeman Health Subarea Plan 362 2 | Page 2.0 INTRODUCTION Bozeman Health (BH) owns about 430 acres of undeveloped land near Bozeman Health Deaconess Hospital inside the city limits of Bozeman, Montana (Figure 1). The undeveloped land is located in Township 2 South, Range 6 East, Section 17. About 295 acres are cropland and leased for farming. About 135 acres are rangeland, with about 119 acres of the rangeland leased for cattle grazing. The weed management plan outlined below applies to the 430 acres of undeveloped cropland and rangeland. This plan revises and replaces the BH Bozeman Trail Coulee Land Management Plan dated January 24, 2012. This revision has been prepared with input and assistance from the Gallatin Valley Land Trust, Gallatin County Weed District, and faculty and students from the Department of Land Resources and Environmental Sciences at Montana State University. The MSU ENSC 443 (Weed Ecology and Management) Fall 2014 students put together a project paper analyzing weed management alternatives that have been considered in the creation of this comprehensive plan. The BH Subarea Plan completed in April 2006 describes the long-term vision for the 430 acres. Most of this land will eventually be developed to include commercial and residential uses, with about 100 of the rangeland acres dedicated to remain undeveloped in a linear park (Highland Glen Nature Preserve). The purpose of this plan is to guide land management actions until commercial and residential development occurs. BH will review and possibly update this plan at least once every 5 years. 3.0 LAND MANAGEMENT GOALS BH desires to sustain the land’s ecological health and ecosystem services, and BH desires to be a good neighbor to adjacent landowners. If compatible with these goals, BH also wishes to: 1) provide year-round public recreational opportunities, and 2) generate income for BH and support the Gallatin Valley economy by leasing cropland to a local farmer and leasing livestock grazing to a local rancher. 4.0 WATER, VEGETATION, WILDLIFE, AND HISTORICAL/CULTURAL RESOURCES 4.1 Water One unnamed watercourse extends from south to north through Highland Glen Nature Preserve. The stream channel begins where groundwater surfaces near a spring about 1000 feet north of the southern property boundary. The watercourse does not contain fish. One old, unmaintained, excavated stock water pond exists near the northern end of the coulee and is surrounded by tall willow trees. Beavers have constructed several dams along the stream in the northern half of the coulee, and these dams have created small ponds adjoined by aspen, cottonwoods, and other wetland vegetation. The number and size of beaver ponds declined appreciably in 2014 compared with 2011-2013. During years with abundant precipitation, groundwater surfaces in small pools dispersed along the bottom of the coulee’s southern third. The watercourse is generally in good ecological health. Cattle trampling is not excessive along the watercourse. Immediately prior to cattle grazing in summer 2012, woody debris was placed along streambanks at a few small, localized sites to mitigate previous trampling impacts and to prevent cattle from accessing these sites. This action was successful. Similar action is now needed at one site near the north-south center of the coulee where shrubs were removed during recreational trail construction in 2012. Shrub removal allowed cattle to access the streambank in places where they could not do so prior to trail construction. Streambank cattle trampling also needs addressed at one localized site near the northern end of the coulee where decreased beaver activity has lowered the water depth in the stream and lowered the water table, thereby enabling cattle greater access to the streambank and enabling cattle to congregate where they could not previously when beaver activity was greater. B.82024 Bozeman Health Subarea Plan 363 3 | Page 4.2 Vegetation Common plant species present are listed in Table 1. The plant species composition indicates good to excellent ecological health with a few notable exceptions. Five perennial forbs (i.e., broadleaf weeds) require suppression: common tansy, Canada thistle, musk thistle, hound’s tongue, and spotted knapweed. All five of these forbs are officially listed as noxious by the state of Montana or Gallatin County. Consequently, BH is required by law to control these weeds. Common tansy is abundant along the watercourse; Canada thistle is common; hound’s tongue is common along the recreational trails, especially wherever trail construction significantly disturbed the soil; and musk thistle and spotted knapweed are limited to one or two small sites. Gallatin County Weed District personnel treated the infestation of common tansy in spring/early summer 2011 and 2012. These herbicide treatments were very successful and effectively controlled common tansy in the treated sites, but additional sites require treatment. Hound’s tongue and Canada thistle, and common tansy in some places, have increased within the cropland field buffers that were created to provide cross-country ski trails. The BH cropland is leased to Vaughn Kraft, whose family began farming the BH cropland in 1962. The Kraft Family has worked for decades to eradicate weeds on these cropland fields so that the Kraft’s could grow certified (i.e., weed-free) grain seed. Better weed control in the ski-trail field buffer is needed to protect the weed-free status of the Kraft’s grain crop. Another noteworthy vegetation concern is the large amount of wildfire fuel provided by the productive rangeland. Light to moderate-intensity cattle grazing currently reduces the wildfire threat. Mowing could be used as an alternative to cattle grazing in some portions of the rangeland, but steep topography in other portions of the rangeland make mowing unfeasible. 4.3 Wildlife The undeveloped rangeland provides valuable habitat for numerous wildlife species. Mule deer, white-tailed deer, fox, beaver, raccoons and other small mammals, coyotes, raptors, songbirds, and waterfowl are common. Black bears and moose are present infrequently. The area also provides important winter-early spring range for elk. Residential development (e.g., Arrowleaf Hills Subdivison, Eagle Rock Reserve, Triple Tree Subdivision, Trooper Trail area, and Painted Hills Subdivision) eliminated considerable elk winter-spring range to the south of the BH property during the past 20-30 years. Elk grazing distributions and travel patterns also were dramatically altered. However, adjacent land immediately to the south of Highland Glen Nature Preserve owned by the Burkhart-Behring Family has remained agricultural since the beginning of pioneer settlement in the Gallatin Valley, thus providing a travel corridor that enables wintering elk to access Highland Glen Nature Preserve from the foothills of the Gallatin Range. The Burkhart-Behring Family property is anticipated to remain agricultural for the foreseeable future, which may maintain Highland Glen Nature Preserve as valuable winter elk range for the next several years. Elk use of Highland Glen Nature Preserve during spring, however, declined in 2013-2015 because of increased recreational trail use, and it is unlikely Highland Glen Nature Preserve will provide significant spring elk habitat in the future. 4.4 Historical and Cultural Resources Archeological sites are probably present in the coulee, as acknowledged in the BH Subarea Plan (page 2-22). Prior to urban development, the developer will be required to coordinate with the State of Montana’s State Historic Preservation Office to determine whether mitigation is needed, but to date an archaeological survey has not been completed. There is little doubt that the coulee is an important historical site. For centuries, Native American tribes inhabiting lands west and north of present-day Bozeman, including Shoshone, Bannock, Nez Perce, Salish, and Blackfeet, likely traversed the coulee while traveling between the Gallatin Valley and the Paradise Valley via Bear Canyon or Bozeman Pass. In 1806, William Clark of the Corps of Discovery established a survey benchmark on a knoll on the coulee’s edge. Members of the Crow Tribe regularly B.9 2024 Bozeman Health Subarea Plan 364 4 | Page camped in the coulee while interacting with the US military at Fort Ellis during the late 1800s, and an old wagon road that extends the length of the coulee was used by pioneer settlers when travelling to/from the southeast corner of the Gallatin Valley to/from the town of Bozeman. Speculation also exists that this wagon road was an alternative route for Bozeman Trail pioneers to reach Bozeman after entering the Gallatin Valley from the east via either Moffett Gulch or the current route of Interstate 90. The undeveloped rangeland has been grazed by livestock for 140+ years. Current cattle grazing lessee Darrell Kurk, a descendant of pioneer settlers in the Gallatin Valley, was raised on the family ranch located near the mouth of Bear Canyon, and the Kurk Family has been grazing cattle on nearby lands for more than 100 years. Darrell Kurk and Vaughn Kraft, the cropland lessee, are good ambassadors for BH in the course of operating their agricultural leases. Few cultural resources exist on the property. A City of Bozeman sanitary main line sewer is buried in the bottom of the coulee, entering the coulee near the New Hyalite View Subdivision and extending northward the length of the watercourse to Haggerty Lane. This sanitary sewer serves most of the New Hyalite View Subdivision, Highwood Estates, and portions of Graf’s 1st Subdivision. Northwestern Energy maintains an overhead electric power transmission line that crosses the property from east to west, located immediately north of New Hyalite View Subdivision. No permanent buildings exist on the property. The principal recreational resources on the property are the cross-country ski trails and hiking/equine trails. Bridger Ski Foundation created winter recreational trails in fall 2010, and Gallatin Valley Land Trust added summer trails in 2012. Human recreation on the BH property increased dramatically from 2012-2015. 5.0 LAND MANAGEMENT OBJECTIVES 5.1 Water 1. Improve streambank stability. 2. Maintain or improve functioning condition of stream. 5.2 Vegetation 1. Suppress noxious weeds. 2. Maintain or enhance vigor and productivity of desirable vegetation. 3. Maintain or reduce the threat of wildfire. 5.3 Wildlife 1. Maintain or enhance wildlife habitat values. 5.4 Historical/Cultural 1. Maintain sewer and power transmission infrastructure. 2. Maintain winter and summer recreation trails. 3. Construct display panels/signs to inform recreational users. 4. Generate farming and cattle grazing lease income to BH. B.102024 Bozeman Health Subarea Plan 365 5 | Page 6.0 LAND MANAGEMENT ACTIONS 6.1 Cattle Grazing Management • Estimated livestock grazing capacity at a light-moderate grazing intensity is 90 AUMs (refer to Forage Availability and Use Chart; an AUM = Animal Unit Month, defined as the amount of forage required to support the equivalent of one 1,000-lb cow for one month). Cattle grazing at a light-moderate stocking rate during summer will enhance forage quality for wildlife, increase biological diversity, suppress Canada thistle, and reduce the threat of wildfire. • Grazing season will be July 15 to October 15. Delaying grazing until mid-July will: 1) allow riparian soils to be drier and less susceptible to trampling damage, and 2) limit plant regrowth after grazing, thereby providing more effective wildfire protection. This grazing season also coordinates well with the Kurk Ranch’s US Forest Service grazing permit that has the same grazing season, and this grazing season is coordinated with the Kurk Ranch’s brucellosis management plan that has been approved by the Montana Department of Livestock. Delaying cattle grazing until after the elk calving season (May to mid-June) decreases potential brucellosis transmission from elk to cattle. • Stocking rate will be one mature bull plus 12-20 cow/calf pairs (6-10 mature cows and 6-10 young cows; Total = 55 to 89 AUMs; refer to Livestock Inventory Chart). Calves will average about 4 months old when they enter the property. • Kurk Ranch will purposely select docile cattle to graze on the property. • Kurk Ranch will carry liability insurance coverage on their cattle that graze on the property. • Kurk Ranch will move salt/mineral supplemental feeding sites during the grazing season, as needed, to achieve proper grazing distribution. Beginning about 3 weeks before the end of the grazing season (i.e., beginning on or about Sept. 23), Kurk Ranch will begin feeding Bloat Guard blocks to prepare the cattle for exiting the property and transitioning to graze alfalfa aftermath. Feeding Bloat Guard blocks also will make the cattle easier to gather and transport at the end of the grazing season. • Kurk Ranch will place woody debris along streambanks at selected sites to mitigate previous trampling impacts and to prevent cattle from accessing these sites. Existing downed woody debris in the coulee will be used. In the event more woody debris is needed, hawthorn shrubs/trees ≤ 6-inch dbh (diameter at breast height) will be cut. Cutting hawthorns will reduce the abundance of this undesirable shrub and enhance the regeneration of desirable willows and cottonwoods. 6.2 Weed Control • Five noxious weed species will be suppressed: 1) common tansy, 2) Canada thistle, 3) hound’s tongue, 4) musk thistle, and 5) spotted knapweed. • Adapative, integrated weed management will be used, incorporating mowing, hand-pulling, targeted cattle grazing, biological control insects, herbicides, tillage, and other tools as needed. • The cropland lessee will be responsible for weed control on the cropland. B.11 2024 Bozeman Health Subarea Plan 366 6 | Page • Bozeman Health will provide funding to hire a licensed contractor who will be responsible for weed control within: 1) the cropland field buffer, and 2) the rangeland in Highland Glen Nature Preserve. Only the licensed contractor will be allowed to apply herbicide in these areas. • All herbicide applications will adhere to Gallatin County Weed District recommendations. • Herbicide applications will be limited to spot-spraying. Boom spraying will not be allowed. • The licensed contractor will post signs to inform the public whenever herbicide is being applied. In addition, the licensed contractor will inform Gallatin Valley Land Trust when herbicide application is planned to enable Gallatin Valley Land Trust to use its website and e-newsletter to inform the public of upcoming herbicide applications. • To limit weed spread from Highland Glen Nature Preserve into the adjacent cropland, the rotary mower used for ski trails will be cleaned of weed seeds each time before entering Section 17, and the ski trails in the crop field boundary will always be cut before cutting the trails within Highland Glen Nature Preserve. 6.3 Recreation Management • Motorized machinery is permitted for operational purposes for the farmer and rancher lessees. Motorized scooters for handicapped trail users are permitted; pedal-powered bicycles are also permitted. No other motorized recreation will be permitted. • Any trail changes or additions will be coordinated between BH and GVLT. • One display panel will be constructed at each trailhead to interpret the land’s ecology and history for recreational users. • Signs will be installed at all trailheads to inform recreational users that they are entering an area where cattle graze from July 15-October 15. Signs will educate people how grazing by cattle is being purposely applied to enhance wildlife habitat, enhance biological diversity, suppress Canada thistle, and suppress the threat of wildfire. Signs will also advise people to not approach the cattle or attempt to feed them, and remind pet owners to keep their pets under control and not allow them to chase or harass the cattle. • Signs will be installed at all trailheads entering the adjacent cropland fields to inform recreational users that they are entering an area where farming activities occur such as plowing, seeding, and harvesting. Signs will advise people to avoid the area during those few times a year when farming activities are in progress, and remind pet owners to keep their pets under control and safely away from farm machinery while it is operating. B.122024 Bozeman Health Subarea Plan 367 7 | Page 6.4 Ecological Monitoring • Dr. Jeff Mosley, Montana State University Extension Range Management Specialist, will inspect the ecological health of Highland Glen Nature Preserve two or three times annually and provide a brief annual report each year to BH, Vaughn Kraft, and Darrell Kurk. 6.5 Written Lease Agreements • The cattle grazing lessee (Darrell Kurk) and the farming lessee (Vaughn Kraft) each want to develop separate 5- to 10-year written leases with BH. Only verbal agreements currently exist. When drafted, leases will stipulate weed control objectives and responsibilities. • Darrell Kurk and Vaughn Kraft each want to continue their agricultural leases with BH for the foreseeable future. 7.0 FUTURE ISSUES The proposed urban development will eliminate the cropland and present several challenges to continued cattle grazing and recreational trail use. Identifying and anticipating these potential challenges now may help all concerned to address them more proactively as urban development approaches. It is anticipated that cattle grazing and recreation can continue to coexist when urban development begins and continue to coexist after urban development has been completed. 1. Sanitary sewer: The proposed development will require replacement of deficient sections of the existing sanitary sewer as well as installation of additional main lines (pages 2-13 and 5-3 BH Subarea Plan). 2. Storm water utilities: Storm water utilities, including additional catch basins, inlets and subsurface piping will deliver runoff to retention areas and ultimately to the watercourse in the bottom of the coulee. Storm water retention areas also will likely be constructed throughout the bottom of the coulee and existing wetlands may become larger (page 2-14, BH Subarea Plan). 3. Electric Power Transmission Line: The existing 50 KV electric power transmission line may be relocated and possibly buried (page 2-22 BH Subarea Plan), potentially impacting fences or creating a need to construct protection around electrical boxes to prevent disturbance by cattle. 4. Roads: a. Anticipated improvements/widening to Kagy Boulevard and Bozeman Trail Road (page 2-17 BH Subarea Plan) will likely alter existing fence locations. b. It is anticipated that only one roadway will cross the coulee and this will be a bridge (page 2-7 BH Subarea Plan) or pre-cast crossing over the drainage channel (page 2-10 BH Subarea Plan). The roadway crossing will include an elevated road surface to lessen detrimental impacts and allow free migration of animals and pedestrians under the road (page 2-11, BH Subarea Plan). A crossing that allows free migration of deer, elk or other wildlife should also allow free migration of livestock and perhaps horseback riders, too. c. Collector roads planned to connect Kagy Blvd to Highland Blvd and connect Haggerty Lane, across the coulee, to the Kagy/Highland Blvds collector (page 2-18 BH Subarea Plan) will impact fences. Cattle guards will need to be installed if cattle grazing is planned to continue after road construction. B.13 2024 Bozeman Health Subarea Plan 368 8 | Page Figure 1. BH property including current and future land uses. B.142024 Bozeman Health Subarea Plan 369 9 | Page Table 1. Common plant species present in Highland Glen Nature Preserve. Common Name Scientific Name Noxious Weeds Canada thistle Cirsium arvense Common tansy Tanacetum vulgare Hound’s tongue Cynoglossum officinale Musk thistle Carduus nutans Spotted knapweed Centaurea stoebe Grasses and Sedges Beaked sedge Carex rostrata Bluebunch wheatgrass Pseudoroegeneria spicata Creeping meadow foxtail Alopecurus arundinaceus Idaho fescue Festuca idahoensis Indian ricegrass Achnatherum hymenoides Kentucky bluegrass Poa pratensis Nebraska sedge Carex nebrascensis Orchardgrass Dactylis glomerata Plains reedgrass Calamagrostis montanensis Redtop Agrostis gigantean Rough fescue Festuca campestris Smooth brome Bromus inermis Timothy Phleum pretense Forbs American licorice Glycyrrhiza lepidota Arrowleaf balsamroot Balsamorhiza sagittata Aster Aster spp. Camas Camassia sp. Canada goldenrod Solidago Canadensis Common cattail Typha latifolia Cudweed sagewort Artemisia ludoviciana Dotted blazing star Liatris punctata Northern bedstraw Galium boreale Old man’s whiskers Geum triflorum Silky lupine Lupinus sericeus Slender cinquefoil Potentilla gracilis Sticky purple geranium Geranium viscosissimum Wavyleaf thistle Cirsium undulatum Western yarrow Achillea millefolium Whitepoint locoweed Oxytropis sericea Yellow salsify Tragopogon dubius Shrubs/Trees Black cottonwood Populus trichocarpa Mountain big sagebrush Artemisia tridentata spp. vaseyana Quaking aspen Populus tremuloides Red-osier dogwood Cornus stolonifera Rocky Mountain juniper Juniperus scopulorum Succulent hawthorn Crataegus succulent Western snowberry Symphoricarpos occidentalis Willow Salix spp. Wood’s rose Rosa woodsii B.15 2024 Bozeman Health Subarea Plan 370 10 | Page Highland Glen Nature Preserve Livestock Inventory Livestock Count/Forage Demand Kind/Class of Livestock Animal Unit Value # Month AUs J F M A M J J A S O N D Mature cows (non- lactating) 0.9 # AUs Mature cows (lactating) 1.2 # 5.0 10.0 10.0 5.0 AUs 6.0 12.0 12.0 6.0 Young cows (lactating) 1 # 5.0 10.0 10.0 5.0 AUs 5.0 10.0 10.0 5.0 Replacement bred heifers (18-24 months) 0.8 # AUs Replacement yearling heifers (12-17 months) 0.7 # AUs Replacement heifer calves (6-12 months) 0.5 # AUs Calves (4 months through weaning) 0.3 # 10.0 20.0 20.0 10.0 AUs 3.0 6.0 6.0 3.0 Weaned steer/heifer calves (6-12 months) 0.5 # AUs Yearling steers/heifers (12- 17months) 0.7 # AUs Young bulls (12-24 months) 1.2 # AUs Mature bulls (2-5 years) 1.5 # 0.5 1.0 1.0 0.5 AUs 0.8 1.5 1.5 0.8 Horses 1.2 # AUs Mature ewes (non- lactating, 150 lbs.) 0.18 # AUs Mature ewes (lactating, 150 lbs.) 0.2 # AUs Lambs (2 months to weaning) 0.06 # AUs Lambs (weaned to yearling) 0.12 # AUs Yearling lambs 0.15 # AUs Rams 0.25 # AUs Mature goats 0.15 # AUs Yearling goats 0.1 # AUs Total # 0.0 0.0 0.0 0.0 0.0 0.0 20.5 41.0 41.0 20.5 0.0 0.0 AUs 0.0 0.0 0.0 0.0 0.0 0.0 14.8 29.5 29.5 14.8 0.0 0.0 B.162024 Bozeman Health Subarea Plan 371 11 | Page Forage Availability and Use Chart Soil Mapping Unit Acres Acre/ AUM AUMs Month J F M A M J J A S O N D Anceny Cobbly Loam, 15-60% slopes 26.1 2.3 11.3 1.8 3.8 3.8 1.9 Blackmore Silt Loam, 4-8 % slopes 14.3 1.3 11.0 1.8 3.7 3.7 1.8 Blackmore Silt Loam, 8-15% slopes 37.6 1.3 28.9 4.9 9.6 9.6 4.8 Enbar-Nythar Loams, 0-4% slopes 37.1 1.0 37.1 6.1 12.4 12.4 6.2 Enbar-Nythar Loams, cool, 0-4% slopes 0.2 0.8 0.2 0.0 0.1 0.1 0.0 Meagher-Shawmut-Bowery Complex, 15-45% slopes 4.0 2.0 2.0 0.3 0.7 0.7 0.3 Total 119.3 90.5 Total Forage AUMs Available 90.5 14.9 30.3 30.3 15.0 Total AUMs Required 88.6 14.8 29.5 29.5 14.8 Total AUMs Excess/Deficiency 1.9 0.1 0.8 0.8 0.2 B.17 2024 Bozeman Health Subarea Plan 372 This Page Intentionally Left Blank B.182024 Bozeman Health Subarea Plan 373 CAPPENDIX C: Community Plan Amendment 374 C.2375 The purpose of this appendix is to document how the Bozeman Health Subarea Plan meets the amendment criteria established in Chapter 5 of the 2020 Bozeman Community Plan. More specifically, this appendix establishes how the Subarea Plan will follow the prescribed amendment process, who is initiating the process, and conformance with the amendment criteria. Amendment Process The Bozeman Community Plan was formed on the basis of significant community outreach efforts and the input of many persons and groups. Alterations, whether the result of a review as triggered above or another reason, to the growth policy must provide a significant opportunity for public participation and understanding of the proposed changes. Amendments to the growth policy must meet the same statutory standards as the original adoption. Therefore, prior to the adoption of any amendment to the Plan, a public process must be provided. A fundamental requirement for public participation is time for individuals to become aware of proposed amendments and to study the proposed changes. A minimum active public review period of three months is to be expected. RESPONSE: A variety of community outreach efforts were executed throughout the 18-month Subarea planning process that gave ample opportunities for community members to become aware of the Subarea Plan and provide feedback. These engagement strategies included eleven specific neighborhood and organization focus group meetings, four public open houses at the Bozeman Health campus, a project website documenting the plan development process, two public feedback surveys via the open houses and project website, and a 60- day public review and comment period of the draft plan. The website documented 2,481 total visits, 1,658 total unique users, 171 completed surveys, and 435 downloaded plan documents. This Plan has been prepared to balance a wide variety of interests. Changes to the Plan must continue the balance of needs and interests. RESPONSE: Like the 2020 Bozeman Community Plan, the Subarea Plan balances a variety of interests. The plan addresses the needs of Bozeman Health, the surrounding neighborhoods, and the larger Bozeman community as they each experience their own growth and evolution. This Plan has been prepared to be internally consistent. Internal consistency meets one of the fundamental purposes of community planning— coordination between government programs and policies. All amendments must be carefully evaluated to ensure that changes do not create conflicts between goals, maps, or implementation tools. If a proposed amendment would cause conflicts within the Plan, additional amendments must be identified and reviewed so that conflicts are resolved. RESPONSE: The Subarea Plan is structured around six themes that were directly adapted from six of the seven themes of the 2020 Bozeman Community Plan (see the table below). Thus, the Subarea Plan is structurally consistent with the Bozeman Community Plan. Moreover, the Subarea Plan aligns with the key elements of the Community Plan by advancing the goals and objectives to support the overall vision of the Community Plan. The Subarea Plan does propose changes to the current City of Bozeman Future Land Use Map. These revisions will be requested with a formal Growth Policy Amendment application to ensure that there are no conflicts between the Future Land Use Map of the Bozeman Community Plan and the Subarea Plan amendment. Bozeman Community Plan Themes Bozeman Health Subarea Plan Themes A Resilient City A Resilient District A City of Unique Neighborhoods A Unique District C.3 2024 Bozeman Health Subarea Plan 376 A City Bolstered by Downtown and Complementary Districts A Complementary District A City Influenced by Our Natural Environment, Parks, and Open Lands A District Influenced by Natural Environment, Parks, and Open Lands A City that Prioritizes Accessibility and Mobility A District Prioritizing Accessibility and Mobility A City Powered by its creative, innovative, and Entrepreneurial Economy A District Powered by an Innovative and Entrepreneurial Economy A City Engaged in Regional Coordination *Not Applicable* Who May Initiate Amendments 1. City Commission; independently or at the suggestion of the Planning Board or the City Staff; 2. One or more landowner of property that are the subject of the amendment to the future land use map; and 3. Interested members of the public may suggest modifications to the text. Any proposed changes to either the text or maps contained in this Plan must comply with all of the criteria described below. The burden of proof for the desirability of a proposed amendment and its compliance with the criteria lies with the applicant. Unless all criteria are successfully met by demonstrable facts, an amendment may not be approved. RESPONSE: In 2021, the City of Bozeman Planning Board asked Bozeman Health to update the 2005 Bozeman Deaconess Health Services (BDHS) Subarea Plan. The Planning Board's written request clearly articulated “that the BDHS Subarea Plan no longer reflects current community planning goals and policies.” The Planning Board letter concluded that “given the potential to create significant development on hospital property, the Planning Board supports the creation of a new Subarea Plan to accurately reflect current community goals.” The land addressed in the Subarea Plan is entirely under the ownership of Bozeman Health within the limits of the City of Bozeman. Per Option 2 above, the Subarea Plan initiates a Growth Policy Amendment in the form of a Future Land Use Map revision. Compliance with the applicable amendment criteria is articulated below. Amendment Criteria When an amendment to either the text of the Plan or the future land use map is requested it must be reviewed against the following criteria: 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 RESPONSE: The Bozeman Health Subarea Plan primarily addresses the 400-acres of undeveloped land within the City of Bozeman city limits east of Highland Boulevard. The land’s substantial size, lack of development, adjacency to the expanding Bozeman Health Deaconess Regional Medical Center, proximity to Downtown Bozeman, position inside Bozeman city limits, and inclusion of the highly valued Highland Glen, sets it apart from other properties in the City of Bozeman. Thus, the unique physical context of this site warrants a more specific development framework than what is provided in the 2020 Bozeman Community Plan to ensure that the priorities of the Deaconess Regional Medical Center and the surrounding neighborhoods are addressed, and the preservation of Highland Glen is secured. Additionally, the Subarea Plan replaces an outdated plan approved in 2006. As identified in the letter from the Planning Board, that the 2006 plan is inconsistent with the current growth policy. Providing an updated plan cures this deficiency. C.42024 Bozeman Health Subarea Plan 377 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 RESPONSE: The six themes that structure this plan are directly adapted from the themes of the 2020 Bozeman Community Plan. Therefore, there will be no inconsistencies with Bozeman’s land use plan. Along with this Subarea Plan, a Future Land Use Map amendment will be submitted to the City to designate Highland Glen as Parks and Open Lands, for the reasons detailed within this Subarea Plan. This will ensure that there are no map inconsistencies in the growth policy. 3. The proposed amendment must be consistent with the overall intent of the growth policy RESPONSE: The intent of the 2020 Bozeman Community Plan is to provide a thorough guide for thoughtful growth and development for the City of Bozeman and the area within Bozeman’s growth policy boundary to help achieve the ultimate goal of a ‘Well-Planned City.’ The Subarea Plan carries forward the themes of the Community Plan and crafted to expressly address the specific opportunities, needs, and context of the Bozeman Health property. 4. The proposed amendment must not adversely affect the community as a whole or any significant portion thereof by: • Significantly altering land use patterns and principles in a manner contrary to those established by this Plan RESPONSE: The only alteration to land use patterns that are established in the 2020 Bozeman Community Plan is the Future Land Use designation for Highland Glen. This Subarea Plan amendment seeks to designate Highland Glen as Parks and Open Lands, as it is currently designated primarily as Urban Neighborhood. This land use change will prevent Highland Glen from being developed and secure it as a public open space asset, greatly benefitting the entire community of Bozeman. • Requiring unmitigated improvements to streets, water, sewer, or other public facilities or services, thereby impacting development of other lands RESPONSE: The Subarea Plan proposes conceptual public improvements in the form of an active transportation network of shared use paths and a series of linear parks. All these improvements are proposed within Bozeman Health property and will not adversely impact adjacent lands. • Adversely impacting existing uses because of inadequately mitigated impacts on facilities or services REPONSE: This plan remains consistent with the 2020 Bozeman Community Plan’s requirement that any potential proposal for development must meet or exceed City development and building regulations. This means that facilities and services will be improved to meet the demands of both the existing and new development at the time of construction. • Negatively affecting the health and safety of the residents RESPONSE: Nothing proposed in the Subarea Plan inherently jeopardizes public health and safety. Any future development on the land addressed in this plan will be held to City of Bozeman development regulations concerning the preservation of public health and safety. The Subarea Plan’s emphasis on active transportation and public access to Highland Glen for recreation purposes should improve public health and safety. C.5 2024 Bozeman Health Subarea Plan 378 This Page Intentionally Left Blank C.62024 Bozeman Health Subarea Plan 379 DAPPENDIX D: Montana Land Use Planning Act 380 D.2381 Senate Bill 382 was passed in the 2023 Legislative Session and signed into law as the Montana Land Use Planning Act. The intention of the Act is to coordinate planning and development review processes. The Act places a greater emphasis on the public engagement during the community planning process and creation of land use regulations. Correspondingly, the Act restricts the public noticing and engagement requirements on individual development projects that conform to adopted land use plans and regulations. Notedly, the 2023 Montana Land Use Planning Act establishes that a community plan or growth policy will now be referred to as a Land Use Plan. The Act outlines the criteria for the adoption or amendment of a community’s land use plan and future land use map in sections 7 through 17 of the statute. The purpose of this appendix is to document how the Bozeman Health Subarea Plan, as an amendment to the 2020 Bozeman Community Plan, complies with the Montana Land Use Planning Act. As it relates to most of sections 7 through 17, the Subarea Plan incorporates by reference the substance of the Community Plan. More specifically, the Subarea Plan incorporates by reference the following components of the Community Plan: • Appendix B: Infrastructure and Special Topic Plans • Appendix C: Inventory Report—History and Current Conditions • Appendix D: Projections Report—Trends • Appendix E: Infrastructure Plan • Appendix F: Glossary Montana Land Use Planning Act (MLUPA) Conformance Section 7: Adoption or amendment of land use plan and future land use map. (1) The local governing body shall adopt or amend by resolution a land use plan and future land use map in accordance with [sections 7 through 17] only after consideration by and on the recommendation of the planning commission. (2) Prior to making a recommendation to the governing body to adopt or amend a land use plan and future land use map, the planning commission shall: (a) provide public notice and participation in accordance with [section 6]; and (b) accept, consider, and respond to public comment on the proposed land use plan and future land use map. All public comment must be part of the administrative record transmitted to the governing body. (3) After meeting the requirements of subsection (2), the planning commission shall make a final recommendation to the governing body to adopt, modify, or reject the proposed land use plan and future land use map or any amendment to the proposed land use plan and future land use map. (4) The governing body shall incorporate any existing neighborhood, area, or plans adopted pursuant to Title 76, chapter 1, that meet the requirements of [sections 1 through 38] into the land use plan and future land use map. (5) (a) The governing body shall consider the recommendation of the planning commission to adopt, modify, or reject the proposed land use plan and future land use map or any amendment to the proposed land use plan and future land use map. (b) After providing public notice and participation in accordance with [section 6], the governing body may adopt, with any revisions the local governing body considers appropriate, or reject the land use plan and future land use map or any amendment to the proposed land use plan and future land use map proposed by the planning commission. (6) An amendment to a land use plan or future land use map may be initiated: (a) by majority vote of the governing body; (b) on petition of at least 15% of the electors of the local government jurisdiction to which the D.3 2024 Bozeman Health Subarea Plan 382 plan applies, as registered at the last general election; or (c) by a property owner applying for a zoning, subdivision, or other land use permit. (7) (a) After the initiation of an amendment to a land use plan or future land use map allowed in subsection (6), the planning commission shall make a preliminary determination of whether the proposed land use plan or future land use map amendment results in new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed in the assessment conducted in the development of the land use plan. (b) If the planning commission finds new or increased impacts from the proposed land use plan or future land use map amendment, the local government shall collect additional data and conduct additional analysis necessary to provide the planning commission with the opportunity to consider all potential impacts resulting from the amendment before proceeding under subsection (2). (8) The governing body may not amend the land use plan or future land use map unless: (a) the amendment is found in substantial compliance with the land use plan; and (b) the potential impacts resulting from development in substantial compliance with the proposed amendment have been made available for public review and comment and have been fully considered by the governing body. REPONSE: The City of Bozeman and its planning commission will follow the statutory amendment adoption requirements set forth in Section 7, subsections 1 through 7. The Bozeman Health Subarea Plan, an amendment to the Bozeman community Plan 2020, will be initiated with a City of Bozeman Growth Policy Amendment application submitted by the property owner, meeting the criteria of Section 7.6.c. The six themes that make up the Bozeman Health Subarea Plan are directly adapted from the themes of the Bozeman Community Plan 2020, ensuring that the amendment is in substantial compliance with Bozeman’s land use plan. Adequate time for public review of the amendment will be provided and the City of Bozeman will follow statutory requirements regarding a complete review of the amendment before adoption. Section 8: Update of land use plan or future land use map. (1) After a local government adopts a land use plan and future land use map in accordance with [section 7], the land use plan and future land use map must be reviewed by the planning commission every fifth year after adoption to determine whether an update to the land use plan and future land use map must be performed. The planning commission shall: (a) make a preliminary determination regarding the existence of new or increased impacts to or from local facilities, services, natural resources, natural environment, or natural hazards from those previously described and analyzed when the land use plan and future land use map were previously adopted; (b) provide public notice and participation in accordance with [section 6]; and (c) accept, consider, and respond to public comment on the review of the land use plan and future land use map. All public comment must be part of the administrative record transmitted to the governing body. (2) (a) If the planning commission finds new or increased impacts under subsection (1), the planning commission shall recommend an update to the land use plan, future land use map, or both. (b) If the planning commission finds no new or increased impacts under subsection (1), the planning commission shall make a recommendation to the governing body that no update to the land use plan or future land use map is necessary. D.42024 Bozeman Health Subarea Plan 383 (3) After receiving the recommendation of the planning commission, the governing body may direct that an update of the land use plan, future land use map, or both be completed or may readopt the current land use plan, future land use map, or both. (4) (a) In developing, drafting, and considering an update to the land use plan or future land use map, the planning commission shall follow the process set forth in [section 7] with respect to the changes proposed to the land use plan or future land use map. (b) If the planning commission finds new or increased impacts resulting from the land use plan or future land use map, the local government shall collect additional data and conduct additional analysis necessary to provide the governing body and the public with the opportunity to comment on and consider all potential impacts resulting from an update to the land use plan or future land use map.(5) At any time before an update is required after a review under subsection (1), the local governing body may direct that an update to the land use plan or future land use map be prepared for consideration by the planning commission and for recommendation to the governing body. (6) Once an update to the land use plan or future land use map is adopted or the land use plan or future land use map is readopted, the information and analysis contained within the land use plan and future land use map must be considered accurate for the purposes of making site-specific development decisions in substantial compliance with the land use plan and future land use map. REPONSE: The City of Bozeman and its planning commission will follow the statutory Land Use Plan and Land Use Map update requirements set forth in Section 8, subsections 1 through 6. The Subarea Plan amendment will be reviewed in conjunction with the overall 5-year review cycle of the Bozeman Community Plan 2020. Section 9: Existing conditions and population projections. (1) The land use plan must include, at a minimum, inventories and descriptions of existing conditions of housing, local services and facilities, economic development, natural resources, environment, and hazards, and land use within the jurisdictional boundaries of the land use plan. (2) As set forth in [sections 10 through 17], the land use plan must include, at minimum, a description, map, and analysis of how the jurisdiction will accommodate its projected population over the next 20 years and the expected impacts of the development in the areas of housing, local services and facilities, economic development, natural resources, environment, and hazards. (3) The inventories and descriptions in the plan must be based on up-to-date surveys, maps, diagrams, charts, descriptive material, studies, and reports necessary to explain and supplement the analysis of each section of the land use plan. (4) (a) A jurisdiction shall use demographics provided by: (i) the most recent decennial census or census estimate of the United States census bureau; and (ii) population projections for a 20-year period based on permanent and seasonal population estimates: (A) provided by demographics published by the department of commerce; (B) generated by the local government; or (C) produced by a professional firm specializing in projections. (b) When a population projection is not available, population projections for the jurisdiction must be reflective of the area’s proportional share of the total county population and the total county population growth. REPONSE: The Bozeman Health Subarea Plan incorporates by reference the existing conditions, demographic information, and impacts of growth contained within the Bozeman Community Plan 2020. In Chapter D.5 2024 Bozeman Health Subarea Plan 384 1 and Appendix A and B, the Subarea Plan includes the particularly relevant existing conditions of the Bozeman Health property to provide a specific foundational context for the plan. Current land use, zoning, and public infrastructure information was incorporated from City of Bozeman 2023 GIS data. Details of the existing natural environment and resources specified in the Subarea Plan were derived from the 2015-2023 Highland Glen Nature Preserve Land Management Plan, field observations, data from community partners including Bridger Ski Foundation and Gallatin Valley Land Trust, and City of Bozeman 2023 GIS data. Section 10: Housing.(1) A local governing body shall identify and analyze existing and projected housing needs for the projected population of the jurisdiction and provide regulations that allow for the rehabilitation, improvement, or development of the number of housing units needed, as identified in the land use plan and future land use map, including: (a) a quantification of the jurisdiction’s existing and projected needed housing types, including location, age, condition, and occupancy required to accommodate existing and estimated population projections; (b) an inventory of sites, including zoned, unzoned, vacant, underutilized, and potential redevelopment sites, available to meet the jurisdiction's needed housing types; (c) an analysis of any constraints to housing development, such as zoning, development standards, and infrastructure needs and capacity, and the identification of market- based incentives that may affect or encourage the development of needed housing types; and (d) a detailed description of what actions the jurisdiction may take to accommodate the projected needed housing types identified in subsection (1)(a). (2) The housing section of the land use plan and future land use map may incorporate by reference any information or policies identified in other housing needs assessments adopted by the governing body. (3) If, after performing the analysis required in subsection (1), the local government determines that the total needed housing types may not be met due to lack of resources, development sites, infrastructure capacity, or other documented constraints, the local government shall establish the minimum number of housing units that may be rehabilitated, improved, or developed within the jurisdiction over the 20-year planning period and the actions the local government may take to remove constraints to the development of those units over that period. (4) Progress toward the construction of the housing units identified as needed to meet projected housing needs during the 20-year planning period of the land use plan must be documented at each fifth year review of the land use plan as required in [section 8]. (5) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. REPONSE: The City of Bozeman will follow the statutory housing assessment and regulation creation requirements set forth in Section 10, subsections 1 through 5. A housing analysis, the Community Housing Needs Assessment, was completed by the City of Bozeman as an “issue plan,” serving as a supplemental document to the Bozeman Community Plan 2020. The Bozeman Health Subarea Plan incorporates by reference the completed housing analysis included in the Bozeman Community Plan 2020 and the Community Housing Needs Assessment issue plan. The Subarea Plan proposes to maintain the extent of housing uses and overall residential densities prescribed by the Community Plan and Future Land Use Map. The Subarea Plan supports and advances the Community Plan Theme 2: A city of unique neighborhoods by promoting “well planned, walkable neighborhoods” and “a diverse supply of quality housing units.” In addition, the Subarea Plan will guide development that will help meet the City of Bozeman’s projected housing demand over the next 20 years. D.62024 Bozeman Health Subarea Plan 385 Section 11: Local services and facilities. (1) The land use plan must: (a) determine the existing and anticipated levels of public safety and emergency services necessary to serve the projected population of the jurisdiction, including law enforcement, fire protection, emergency management system agencies, and local health care organizations; (b) contain an inventory and map of existing fire protection, law enforcement, and emergency service jurisdictional areas and anticipated response times, a description of mutual aid or cooperative service agreements, and the location of hospitals or clinics in the jurisdiction; (c) identify capital and service improvements for fire, law enforcement, emergency services, and health services for the jurisdictional area necessary to meet the projected population; (d) determine the existing capacity, existing deficiencies, planned expansion, and anticipated levels of utility services necessary to serve the projected population in the jurisdiction, including water, wastewater, and storm water systems, solid waste disposal, and other utility services, as identified by the local government; (e) contain an inventory and map of all utility service areas, system networks, and facilities; (f) identify local utility capital and service improvements for the jurisdictional area necessary to meet the projected population; (g) determine the existing capacity, existing deficiencies, planned expansion, and anticipated improvements to the transportation network serving the jurisdictional area necessary to serve the projected population in the jurisdiction; (h) contain an inventory and classification map of all existing and planned roads within the jurisdictional area, including major highways, secondary highways, and local routes, all non- motorized routes, including bike lanes and pedestrian thoroughfares, and all public transit systems and facilities; and (i) identify planned capital and service transportation improvements necessary to serve the projected population. (2) The local government shall: (a) coordinate with school districts within the jurisdiction to determine the existing capacity of, planned expansion of, and anticipated improvements necessary for the local K-12 school system to serve the projected population in the jurisdiction; and (b) request that the local school district provide any inventory and maps of existing K-12 educational facilities within the jurisdictional area and identify any capital and service improvements necessary to meet the projected population. (3) The local government may include an analysis of existing capacity and service levels, planned expansions of, and anticipated improvements necessary to provide other services to the projected population in the jurisdiction. (4) The local government may incorporate by reference any information or policies identified in other relevant local services or facilities assessments adopted by the local governing body, such as a capital improvements plan or an impact fee study. (5) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. REPONSE: The Bozeman Health Subarea Plan incorporates by reference the local services and facilities analysis of the Bozeman Community Plan 2020. Beyond recognizing the intended future land uses, the Subarea Plan does not project more detailed development patterns or estimate potential densities and services. Specific development scenarios and service demands will be determined in the future by others following the City’s land planning processes and development regulations. Therefore, the Subarea Plan does not explicitly address subsections 11.1.a – 11.1.d or 11.1.f. In Appendix A on page A.8, the Subarea Plan includes an inventory map of existing utilities that is prescribed by subsection 11.1.e. Per subsections 11.1.g and 11.1.i, the Subarea Plan identifies a robust active transportation system and neighborhood street network within D.7 2024 Bozeman Health Subarea Plan 386 its development framework to prioritize the establishment of multimodal connectivity with the creation of future neighborhoods. These proposed networks can be seen in Chapter 3 on pages 32-3 and in Chapter 4 on pages 43-46. In Chapter 3 and Appendix A and B, per subsection 11.1.h, the Subarea Plan includes inventory maps of existing roads by classification (page A.7), the existing bike and pedestrian network (pages B.4-B.6), and planned roads and bike and pedestrian facilities (pages 33-34). The incorporation of future public transit facilities is discussed in Chapter 4 on page 45. Therefore, the Subarea Plan supports the Community Plan Theme 5: A city that prioritizes accessibility and mobility choices by “ensuring multimodal accessibility and safety.” Despite the division of the entire property east of Highland Boulevard by the preservation of Highland Glen, the future transportation, utility, and emergency response service demands will be met by ensuring that the proposed local street network connects efficiently to existing adjacent arterial and collector streets. Section 12: Economic development. (1) The land use plan must: (a) assess existing and potential commercial, industrial, small business, and institutional enterprises in the jurisdiction, including the types of sites and supporting services needed by the enterprises; (b) summarize job composition and trends by industry sector, including existing labor force characteristics and future labor force requirements, for existing and potential enterprises in the jurisdiction; (c) assess the extent to which local characteristics, assets, and resources support or constrain existing and potential enterprises, including access to transportation to market goods and services, and assess historic, cultural, and scenic resources and their relationship to private sector success in the jurisdiction; (d) inventory sites within the jurisdiction, including zoned, unzoned, vacant, underutilized, and potentially redeveloped sites, available to meet the jurisdiction’s economic development needs; (e) assess the adequacy of existing and projected local facilities and services, schools, housing stock, and other land uses necessary to support existing and potential commercial, industrial, and institutional enterprises; and (f) assess the financial feasibility of supporting anticipated economic growth in the jurisdiction. (2) The local government may incorporate by reference any information or policies identified in other relevant economic development assessments. (3) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. REPONSE: The Bozeman Health Subarea Plan supports the economic development priorities established in the Bozeman Community Plan 2020 and aligns with the Community Plan Theme 6: A city powered by its creative, innovative, and entrepreneurial economy (see Chapter 4). The Subarea Plan proposes a minor reduction in Community Commercial Mixed Use land use adjacent to Highland Boulevard (see table below in Section 14). Nonetheless, the Subarea Plan provides for expansion of a regional jobs and service base by envisioning new medical and commercial development necessary to support Bozeman Health’s continued growth as a regional medical center. As such, the Subarea Plan projects that the current and potential future development on and around the Bozeman Health Deaconess Regional Medical Center will become a distinct but complimentary mixed-use district. The envisioned Bozeman Health District supports and advances the Community Plan Theme 3: A city bolstered by Downtown and complimentary districts. D.82024 Bozeman Health Subarea Plan 387 Section 13: Natural resources, environment, and hazards. (1) The land use plan must: (a) include inventories and maps of natural resources within the jurisdiction, including but not limited to agricultural lands, agricultural water user facilities, minerals, sand and gravel resources, forestry lands, and other natural resources identified by the local government; (b) describe the natural resource characteristics of the jurisdictional area, including a summary of historical natural resource utilization, data on existing utilization, and projected future trends; (c) include an inventory, maps, and description of the natural environment of the jurisdictional area, including a summary of important natural features and the conditions of and real and potential threats to soils, geology, topography, vegetation, surface water, groundwater, aquifers, floodplains, scenic resources, wildlife, wildlife habitat, wildlife corridors, and wildlife nesting sites within the jurisdiction; and (d) include maps of, identify factors related to, and describe natural hazards within the jurisdictional area, including flooding, fire, earthquakes, steep slopes and other known geologic hazards and other natural hazards identified by the jurisdiction, with a summary of past significant events resulting from natural hazards that includes: (i) a description of land use constraints resulting from natural hazards; (ii) a description of the efforts that have been taken within the local jurisdiction to mitigate the impact of natural hazards; and (iii) a description of the role that natural resources and the environment play in the local economy. (2) The local government may incorporate by reference any information or policies identified in other relevant assessments of natural resources, environment, or hazards. (3) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. REPONSE: The Bozeman Health Subarea Plan incorporates by reference the natural resources, environment, and hazards inventories and assessments of the Bozeman Community Plan 2020. Appendix B of the Bozeman Health Subarea Plan provides summaries of the specific physical environmental conditions of the subject property and includes the 2015-2023 Highland Glen Nature Preserve Land Management Plan. The Land Management Plan describes the natural characteristics of Highland Glen in detail and states how Bozeman Health plans to manage the land and resources of Highland Glen into the future. By designating Highland Glen as parks and open lands and solidifying public access to the area, the Subarea Plan supports the Land Management Plan’s goals “to sustain the land’s ecological health and ecosystem services” and to “provide year-round public recreational opportunities.” Section 14: Land use and future land use map. (1) A land use plan must include a future land use map and a written description of the proposed general distribution, location, and extent of residential, commercial, mixed, industrial, agricultural, recreational, and conservation uses of land and other categories of public and private uses, as determined by the local government. (2) The future land use map must reflect the anticipated and preferred pattern and intensities of development for the jurisdiction over the next 20 years, based on the information, analysis, and public input collected, considered, and relevant to the population projections for and economic development of the jurisdiction and the housing and local services needed to accommodate those projections, while acknowledging and addressing the natural resource, environment, and natural hazards of the jurisdiction. (3) The future land use map may not confer any authority to regulate what is not otherwise specifically authorized in [sections 1 through 38]. (4) The future land use map and the written description must include: D.9 2024 Bozeman Health Subarea Plan 388 (a) a statement of intent describing the jurisdiction’s applicable zoning, subdivision, and other land use regulations; (b) descriptions of existing and future land uses, including: (i) categories of public and private use; (ii) general descriptions of use types and densities of those uses; (iii) general descriptions of population; and (iv) other aspects of the built environment; (c) geographic distribution of future land uses in the jurisdiction, anticipated over a 20-year planning period that specifically demonstrate: (i) adequate land to support the projected population in all land use types in areas where local services can be adequately and cost-effectively provided for that population; (ii) adequate sites to accommodate the type and supply of housing needed for the projected population; and (iii) areas of the jurisdiction that are not generally suitable for development and the reason, based on the constraints identified through the land use plan analysis; (d) a statement acknowledging areas within the jurisdiction known to be subject to covenants, codes, and restrictions that may limit the type, density, or intensity of housing development projected in the future land use map; and (e) areas of or adjacent to the jurisdiction subject to increased growth pressures, higher development densities, or other urban development influences. (5) To the greatest extent possible, local governments shall create compatibility in the land use plans and future land use map in those areas identified in subsection (4)(e). (6) The land use plan may: (a) provide information required by a federal land management agency for the local governing body to establish or maintain coordination or cooperating agency status; and (b) incorporate by reference any information or policies identified in other relevant assessments adopted by the local governing body, such as a pre-disaster mitigation plan or wildfire protection plan. (7) The amount of detail provided in the analysis beyond the minimum criteria established in this section is at the discretion of the local governing body. REPONSE: The Bozeman Health Subarea Plan incorporates by reference the land use designations and Future Land Use Map of the Bozeman Community Plan 2020. However, the Bozeman Health Subarea Plan does seek to make an alteration to the future land use designation for the land within Highland Glen by means of City of Bozeman Growth Policy Amendment application. The adoption of the amendment will change Highland Glen’s future land use designation from its current classifications as ‘Urban Neighborhood’ and ‘Community Commercial Mixed Use’ to ‘Parks and Open Lands’. This change would reduce the size of the Community Commercial Mixed Use and Residential Mixed Use designated areas directly east of Highland Boulevard (see the chart below for changes in acreage by future land use type). This land use designation change acknowledges that the best use for the land known as Highland Glen is Parks and Open Lands. Defining Highland Glen as Parks and Open Lands will establish the land as a publicly accessible recreation area, greatly benefitting the entire community of Bozeman. It is important to note that the recently developed Gallatin Valley Sensitive Lands Protection Plan identifies Highland Glen as significant land for ecological connectivity, wildlife habitat, biodiversity, and local water systems. Thus, the proposed future land use changes specifically support the Community Plan Theme 4: A city influenced by our natural environment, parks, and open lands by ensuring “that development is responsive to natural features”. D.102024 Bozeman Health Subarea Plan 389 Future Land Use Designation Current Future Land Use Acreage (East of Highland Blvd) Proposed Future Land Use Acreage (East of Highland Blvd) Urban Neighborhood 333 acres 215 acres Community Commercial Mixed Use 92 acres 64 acres Residential Mixed Use 31 acres 29 acres Parks and Open Lands 0 acres 146 acres Section 15: Area plans. (1) A local governing body may adopt area plans for a portion of the jurisdiction to provide a more localized analysis of all or any part of a land use plan. An area plan may include but is not limited to a neighborhood plan, a corridor plan, or a subarea plan. (2) The adoption, amendment, or update of an area plan must follow the same process as a land use plan provided for in [sections 7 through 17] and may be adopted as an amendment to the land use plan. (3) The area plan must be in substantial compliance with the land use plan. To the extent an area plan is inconsistent with the land use plan, the land use plan controls. REPONSE: The Bozeman Health Subarea Plan will serve as an area plan amendment to the Bozeman Community Plan 2020, replacing the 2005 Bozeman Deaconess Health Services Subarea Plan. The Subarea Plan provides a more localized analysis of existing conditions and an overall development framework for the 500-acre property owned by Bozeman Health adjacent to Highland Boulevard. The adoption of the Subarea Plan as an amendment to the Bozeman Community Plan 2020 will follow the statutory requirements set forth in Sections 7 through 17 of the Montana Land Use Planning Act. Descriptions of the area plan’s conformance to these sections is provided in this appendix. The Bozeman Health Subarea Plan is structured around six themes of the Community Plan which ensures that the amendment is in substantial compliance and thoroughly consistent with Bozeman’s land use plan. Bozeman Community Plan Themes Bozeman Health Subarea Plan Themes A Resilient City A Resilient District A City of Unique Neighborhoods A Unique District A City Bolstered by Downtown and Complementary Districts A Complementary District A City Influenced by Our Natural Environment, Parks, and Open Lands A District Influenced by Natural Environment, Parks, and Open Lands A City that Prioritizes Accessibility and Mobility A District Prioritizing Accessibility and Mobility A City Powered by its creative, innovative, and Entrepreneurial Economy A District Powered by an Innovative and Entrepreneurial Economy A City Engaged in Regional Coordination *Not Applicable* Section 16: Issue plans. (1) A local governing body may adopt issue plans for all or part of a jurisdiction that provide a more detailed or thorough analysis for any component of the land use plan. (2) The adoption, amendment, or update of an issue plan must follow the same process as a land use plan provided for in [sections 7 through 17]. (3) If an issue plan covers the jurisdictional area of the land use plan, the issue plan may serve as the detailed analysis required in the land use plan. REPONSE: The Bozeman Health Subarea Plan incorporates by reference the existing issue plans identified within the Bozeman Community Plan 2020. Similarly, future issue plans adopted D.11 2024 Bozeman Health Subarea Plan 390 by the City will apply to this Subarea Plan. Below is a table of the existing issue plans identified in the Community Plan noting whether the Subarea Plan is ‘Supportive’, ‘Neutral’, or ‘Conflicting.' Existing Issue Plans Subarea Plan Rela- tionship Reasoning Bozeman Creek Enhancement Plan (2012) Neutral -- Bozeman Creek Neighborhood Plan (2005) Neutral -- Cemetery Mas- ter Plan (2017)Neutral -- Climate Action Plan (2020)Supportive ͳ Strong emphasis on robust alter- native transporta - tion network ͳ Preservation of Highland Glen as open space ͳ Promotes com- pact infill develop - ment vs sprawl Community Housing Action Plan (2020) Supportive ͳ Supports mixed-density and workforce hous- ing development Community Transportation Safety Plan (2013) Supportive ͳ Strong emphasis on robust alter- native transporta - tion network Downtown Im- provement Plan (2019) Supportive ͳ Complimentary district that sup- ports the vibrancy of Downtown Downtown Strategic Parking Management Plan (2016) Neutral -- Drought Man- agement Plan (2017) Neutral -- Economic Devel- opment Strategy Update (2016) Supportive ͳ Promotes expan- sion of medical services and addi- tion of supporting businesses ͳ Will lead to job creation Fire and EMS Master Plan (2017) Neutral -- Gallatin County Hazard Mitiga - tion plan and Community Wildfire Protec - tion Plan (2019) Neutral -- Housing Needs Assessment (2019) Supportive ͳ Allows for and supports mixed-density and workforce hous- ing developments Integrated Wa- ter Resources Implementation Plan (2013) Neutral -- Integrated Wa- ter Resources Plan (2013) Neutral -- Midtown Action Plan (2017)Neutral -- Neighborhood Conservation Overlay District (2019) Neutral -- D.122024 Bozeman Health Subarea Plan 391 Parks, Recre- ation, & Active Transportation Plan (2023) Supportive ͳ Establishes High- land Glen as public open space with extensive trails ͳ Strong emphasis on robust alter- native transporta - tion network Stormwater Facilities Plan (2008) Neutral -- Stormwater Management Plan (2019) Supportive ͳ Designating 142- acre Highland Glen as Open Lands rather than Urban Neighbor - hood thus reduc- ing future imper- vious surfaces and runoff Transportation Master Plan (2017) Supportive ͳ Strong emphasis on robust alter- native transporta - tion network ͳ Establishes foun- dation for a con - nected local street network Triangle Com- munity Plan (2020) Neutral -- Urban Forestry Management Plan (2016) Supportive ͳ Preservation of Highland Glen as open space, keep- ing the existing tree canopy intact Wastewater Col- lection Facilities Plan Update (2015) Neutral -- Water Facility Plan Update (2017) Neutral -- Section 17: Implementation. (1) The land use plan and future land use map is not a regulatory document and must include an implementation section that: (a) establishes meaningful and predictable implementation measures for the use and development of land within the jurisdiction based on the contents of the land use plan and future land use map; (b) provides meaningful direction for the content of more detailed land use regulations and future land use maps; and (c) requires identification of those programs, activities, actions, or land use regulations that may be part of the overall strategy of the jurisdiction for implementing the land use plan. (2) The implementation section of the land use plan must include: (a) if the local jurisdiction does not have current zoning regulations, a schedule by which zoning regulations and a zoning map will be adopted in accordance with the deadlines set forth in [section 5]; (b) if the local jurisdiction has current zoning regulations, an analysis of whether any inconsistencies exist between current zoning regulations and the land use plan and future land use map, including a map of the inconsistencies. If inconsistencies exist, the local government shall identify: (i) specific implementation actions necessary to amend the zoning regulations and the zoning map to bring the zoning regulations and zoning map into substantial compliance with the land use plan and future land use map; (ii) a schedule for amending the zoning regulations and zoning map to be in substantial compliance with the land use plan and future land use map, in accordance with the deadlines set forth in [section 5]; (iii) a schedule for adopting a capital improvements program or for amending an existing capital improvements program to be in substantial compliance with the land use plan and future land use map; D.13 2024 Bozeman Health Subarea Plan 392 (iv) a schedule for expanding or replacing public facilities and the anticipated costs and revenue sources proposed to meet those costs, which must be reflected in a jurisdiction’s capital improvement program; (v) if applicable, a schedule for updating the plan for extension of services required in 7-2-4732 to be in substantial compliance with the land use plan; and (vi) a schedule for implementing any other specific actions necessary to achieve the components of the land use plan, including a timeframe or prioritization of each specific public action; and(c) procedures for monitoring and evaluating the local government’s progress toward meeting the implementation schedule. REPONSE: The Bozeman Health Subarea Plan incorporates by reference the overall implementation strategies contained within the Bozeman Community Plan 2020 related to zoning regulations, capital improvement planning, and facility upgrades. The Subarea Plan does propose implementation considerations including high level challenges, constraints, and opportunities in Chapter 5. D.142024 Bozeman Health Subarea Plan 393 EAPPENDIX E: Community Engagement 394 E.2395 Survey 1: Results The Subarea Plan's first survey was released in May, 2022 at the intial two public open houses and online on the project's website. The survey saught public feedback on the Subarea Plan's three land use objectives and six plan themes. Eighty-one surveys were completed during survey window. The survey results are detailed below. Q1. ↓ Highland Glen Bozeman Health envisions preserving and enhancing the natural environment, open space, trails, and heritage of Highland Glen. Do you conceptually support this objective? Q2. ↓ Bozeman Health envisions additional health care services; commercial services that support Bozeman Health and the surrounding neighborhoods; community and workforce housing. Do you conceptually support this objective? Q3. ↓ Bozeman Health envisions neighborhoods with a variety of housing types, shapes, sizes, and intensities. Do you conceptually support this objective? 80 (98.8%) 1 (1.2%) Yes No 56 (70.0%) 24 (30.0%) Yes No 43 (53.8%) 37 (46.3%) Yes No E.3 2024 Bozeman Health Subarea Plan 396 Q4. ↓ A Resilient District: Bozeman Health envisions a resilient district planned to be environmentally, economically, and culturally sustainable. Do you conceptually support this theme? Q5. ↓ A Unique District: Bozeman Health envisions a unique district of distinct, walkable neighborhoods including housing, basic services, and employment opportunities. Do you conceptually support this theme? Q6. ↓ A Complimentary District: Bozeman Health envisions a regional health services district with a diverse mix of medical, commercial, and residential uses. Do you conceptually support this theme? Q7. ↓ A District Influenced by Natural Environment/Parks/Open Lands: Bozeman Health envisions a district influenced by the natural environment and open lands anchored by Highland Glen. Do you conceptually support this theme? 70 (86.4%) 11 (13.6%) Yes No 64 (80.0%) 16 (20.0%) Yes No 47 (61.0%) 30 (39.0%) Yes No 78 (97.5%) 2 (2.5%) Yes No E.42024 Bozeman Health Subarea Plan 397 Q8. ↓ A District Prioritizing Accessibility and Mobility: Bozeman Health envisions a district prioritizing accessibility and mobility focused on active transportation encouraging bicyclists and pedestrians. Do you conceptually support this theme? Q9. ↓ A District Powered by an Innovative and Entrepreneurial Economy: Bozeman Health envisions a district powered by an innovative and entrepreneurial economy with expanded regional health care facilities and services. Do you conceptually support this theme? 46 (59.0%) 32 (41.0%) Yes No78 (96.3%) 3 (3.7%) Yes No E.5 2024 Bozeman Health Subarea Plan 398 This Page Intentionally Left Blank E.62024 Bozeman Health Subarea Plan 399 Survey 2: Results The Subarea Plan's second survey was released in October, 2022 at the second two public open houses and online on the project's website. The survey sought public feedback on the Subarea Plan's five framework elements. Ninety surveys were completed during survey window. The survey results are detailed below. Q1. ↓ FUTURE MEDICAL and COMMERCIAL SERVICES: Land west of and adjacent to Highland Boulevard reserved to accommodate future regional medical center growth. Primary Services—medical offices, wellness clinicsSecondary Services—hotel, restaurants, fitness facility. Do you conceptually support this element? Q2. ↓ HIGHLAND GLEN: Preserve and enhance Highland Glen as a protected open space with public access. Do you conceptually support this element? Q3. ↓ LINEAR PARKS: A series of linear parks lining the outer edges of Highland Glen will provide: Transitional buffer between development and Highland GlenPark; amenities for all ages (playgrounds, climbing boulders, benches, shade); incorporated shared use paths provide accessibility for all abilities. Do you conceptually support this element? 65 (73.0%) 24 (27.0%) Yes No 88 (97.8%) 2 (2.2%) Yes No 80 (89.9%) 9 (10.1%) Yes No E.7 2024 Bozeman Health Subarea Plan 400 Q4. ↓ ACTIVE TRANSPORTATION: A network of non-motorized shared use paths providing year-round pedestrian and bicyclist mobility including tunnels under Highland Boulevard. Do you conceptually support this element? Q5. ↓ COMMUNITY ACTIVITY NODES: Trailhead at southern end of Highland Glen (paved parking lot, year-round restrooms, picnic pavilion, bike repair station, winter warming hut); Homestead at northern end of Highland Glen (restored and activated as a heritage center, community event space, and/ or public garden); Commercial Node (a complimentary neighborhood commercial node adjacent to new Highland Glen Trailhead). Do you conceptually support this element? 81 (90.0%) 9 (10.0%) Yes No 53 (60.2%) 35 (39.8%) Yes No E.82024 Bozeman Health Subarea Plan 401 Draft Plan Public Comment Analysis Q1. What aspects of the Plan do you support? And why? Comments Summary: 1. Support for Plan Elements (19 responses): • Positive feedback on specific plan elements, including open space, shared-use paths, linear parks, pedestrian tunnels, and public transit access. 2. Preservation of Highland Glen, Open Space, and Recreation (16 responses): • Enthusiastic support for preserving Highland Glen and its natural environment. • Emphasis on the importance of green spaces, open lands, and recreational trails. • Appreciation for considerations of ecological effects and the commitment to maintaining the area for future generations. • Support for the overall plan's consideration of environmental and ecological impacts. 3. Community Health and Wellness (6 responses): • Support for public land use as a means of promoting community health and well-being. • Recognition of the partnerships with organizations like GVLT and BSF for the betterment of community health. • Positive feedback on the mental health benefits of open spaces. E.9 2024 Bozeman Health Subarea Plan 402 Q2. What aspects of the Plan do you think could be improved? And how?? Comments Summary: 1. Preservation of Open Space and Wildlife Corridors (13 Responses): • Strong emphasis on preserving the area as open space due to its significance as a natural and recreational space for the community. • Concerns about the impact of development on wildlife corridors and ecosystems. 2. Traffic Safety and Infrastructure (8 Responses): • Concerns about increased traffic and safety issues. • Suggestions to reconsider the location of certain elements to alleviate congestion. 3. Specific Future Development Concerns (7 responses): • Concerns that future land use designations could allow for high-density housing and commercial that would negatively impact adjacent neighborhoods. • Some concerns about inadequate parking and increased congestion. • Calls for the relocation of specific framework elements to more appropriate sites that are conducive to traffic management and safety. 4. Agricultural Heritage and Community Farming (5 Responses): • Suggestions to acknowledge and preserve the area's agricultural heritage. • Emphasis on community farming initiatives, like community gardens or larger-scale agricultural projects. 5. Sustainable Practices (5 Responses): • Recommendations for incorporating sustainable E.102024 Bozeman Health Subarea Plan 403 practices, including water conservation and renewable energy. • Calls for responsible and innovative approaches considering environmental impacts. 6. Affordability and Workforce Housing (4 Responses): • Expresses the need for workforce housing and potential traffic reduction benefits. • Emphasis on long-term affordability and integrating workforce housing into residential areas. 7. Long-Term Planning Considerations (2 responses): • Concerns about planning too far into the future and recommendations to limit the plan's scope. • Emphasis on considering other plans (Envision Gallatin Land Use, Housing Strategy, etc.) and avoiding premature approvals. Plan Update Recommendations Below are five revisions to the final Subarea Plan addressing the common themes that were submitted during the draft plan public comment period. The references include the specific locations (page and section) for each revision. The black text represents original document language while the blue text highlights the revisions added to the final plan. 1. Address workforce housing more clearly a. On page 37, update the “Complete Community” subsection to read: “Future residential neighborhoods would include a full spectrum of housing options ranging from single detached homes to a variety of apartments and workforce housing.” b. On page 47, update the “A Diverse Live-Work District” subsection to read: “The Bozeman Health district would not only be home to the Deaconess Regional Medical Center, other medical offices, and complimentary commercial businesses, but also to residents. A variety of housing options ranging from single detached homes to townhomes to apartments would provide opportunities for employees working in the district to also live there. Specifically, the Highland Agricultural Tract presents a prime location for the development of affordable workforce housing to support those who are employed by the Bozeman Health Deaconess Regional Medical Center. Thoughtfully developing medical, commercial, and residential projects within proximity to one another creates the perfect dynamic to pursue much needed affordable and workforce housing options.” 2. Address the land’s agricultural heritage by providing opportunity for future agriculture a. On page 57, add a paragraph at the end of the “Agriculture” subsection that reads: “Another possible opportunity to carry on the land's agricultural heritage is through the intentional development of "agrihoods." An agrihood is a primarily residential neighborhood designed to revolve around shared community agriculture that is inherently woven throughout the neighborhood. The local production of sustainable food by community members provides a community nexus both physically and socially; fostering a strong sense of relationship to the land, food, and one another. This agriculture-focused development model could be implemented in place of standard urban residential development on one of the existing agricultural tracts.” 3. Address calls for sustainable development opportunities a. On page 55, add a paragraph at the end of the “Public Utilities” subsection that reads: “These challenges could be mitigated by implementing sustainable water and energy systems at scale. Examples of this could be implementing wastewater recycling, renewable solar energy, or geothermal energy systems that would serve the entire neighborhood.” E.11 2024 Bozeman Health Subarea Plan 404 4. Add clear reference to the Gallatin Valley Sensitive Lands Protection Plan a. On page 58, add a paragraph at the end of the “Land Management” subsection the reads: “In addition, the Subarea Plan acknowledges the City-accepted 2023 Gallatin Valley Sensitive Lands Protection Plan. The Subarea Plan supports multiple themes identified by the Sensitive Lands Protection Plan including habitat preservation and maintaining historic agricultural uses. By preserving Highland Glen as a significant open space corridor and continuing agricultural partnerships on the land, the Subarea Plan conserves these important resources.” E.122024 Bozeman Health Subarea Plan 405 Figure 2. Proposed Future Land Use Map Highland BlvdKagy Blvd Bozeman Trail RdHa g g e r t y L n Ellis St 406 407 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Shawn Kohtz, Director of Utilities Greg Sullivan, City Attorney SUBJECT:Resolution 5647, Intent to Create Special Improvement District (SID) 789 for Wastewater Improvements to Annexed Properties of the Riverside Community MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve and Authorize the City Manager to Sign Resolution 5647, a Resolution Declaring it to be the City's Intention to Create Special Improvement District (SID) 789 for the Purposes of Wastewater Improvements to Annexed Properties of the Riverside Community STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The Riverside County Water and Sewer District owns and operates facilities and systems that provide water supply, wastewater treatment and disposal for residents of Riverside Manor Subdivision, Riverside Greens Subdivision, and also the Riverside Country Club. In December 2011, the Montana Department of Environmental Quality (Department) inspected the Riverside County Water and Sewer District 310 (District) wastewater facilities. The Department found deficiencies and directed their correction. The District has explored the costs and benefits of upgrading its facilities or alternatively, entering into an agreement with the City whereby the City would treat and dispose of the wastewater collected in the district. In 2014, the City Commission considered a request from the District to enter into an interlocal agreement for the District to connect to the City's wastewater system. The City Commission determined that annexation was a necessary part of any such agreement. In 2018, the District and the City renewed discussions regarding an interlocal agreement and on January 28, 2019, The City Commission adopted Resolution 4972 providing a framework for annexation of the Riverside properties to enable the City to assist the Riverside properties in the treatment of its wastewater effluent. The Resolution further provided that should the residents of the Riverside properties request annexation and the City’s assistance in treating its wastewater effluent, the City would take all 408 steps to create a special improvement district to finance the costs of and construct infrastructure to connect the Riverside properties to the City’s Water Reclamation Facility. On December 14, 2021, the City Commission acknowledged receipt of petitions for annexation from the Riverside Property Owners and authorized signature of an interlocal agreement between Riverside and the City through a Commission Consent Item, and on April 5, 2022, the City Commission adopted Resolution 5355 and provisional adoption of Ordinance 2096 “The Riverside Annexation and Zone Map Amendment” annexing approximately 57.9 acres of the Riverside Community into the City of Bozeman and establishing initial zoning designations. As described in more detail in the Fiscal Effects section below, the total cost of the proposed construction project, including engineering design, inspection, and securing financing is estimated to be $3,791,320. Proposed Resolution 5647, a Resolution of Intent to Create SID 789, is the first step in the process of creating a SID pursuant to the City’s authority under the Montana Code Annotated (MCA), Chapter 7-12, part 41. The purpose of the Resolution of Intent to Create the SID is to inform the public and property owners of the City's intention to create a SID to raise funds from adjacent property owners through special assessments to pay for the proposed improvements and provide for an opportunity to comment. This resolution does not create the SID. Should this resolution be approved, notice of passage of the resolution will be published and mailed to the property owners pursuant to state law. The City Commission will then hold a public hearing to pass upon any protest received and determine whether to adopt a resolution creating the proposed District. Waivers of right to protest: As described above, a majority of properties within the proposed district have signed petitions for annexation of their property and a waiver of right to protest creation of a Special Improvements District. District Boundaries: The proposed SID will encompass the properties shown on the map attached to the Resolution of Intent as Exhibit A, “Riverside Special Improvements District Boundary.” The total number of properties included in the proposed district is 131. Assessment Methodology: Section 7 of the Resolution details the proposed methodology. Montana law provides several methods for assessing properties in a SID. These include street frontage, area, assessed value, equal assessment, or a combination of the above. The proposed assessment methodology is to allocate the SID’s share of costs based on equal assessment with the exception of the Country Club Properties. The County Club will be assessed a multiple of the equal assessment method per property based on an estimate of the wastewater generation from the 409 County Club, relative to other properties in the district. The assessment methodology and proposed estimated principal amount of the assessments are shown on Exhibit B to the resolution of intent. Section 7.05 of the Resolution states the Commission determines that this method of assessment is equitable and in proportion to and does not exceed the special benefits to each lot derived from the improvements. The current proposal is to sell bonds to pay for the construction and assess properties over 20 years. As such, should the District be created, property owners will have 20 years to pay the principal and interest amounts of the assessments. PROPOSED FINDINGS: Should the Commission move to adopt Resolution 5647, staff suggests incorporating the following findings in addition to any oral findings entered into the record by the Commission during the public hearing at a future commission meeting: 1. The Riverside County Water and Sewer District owns and operates facilities and systems that provide water supply, wastewater treatment and disposal for residents of Riverside Manor Subdivision, Riverside Greens Subdivision, and also the Riverside Country Club. 2. In December 2011, the Montana Department of Environmental Quality (Department) inspected the Riverside County Water and Sewer District 310 (District) wastewater facilities. The Department found deficiencies and directed their correction. 3. In 2014, the City Commission considered a request from the District to enter into an interlocal agreement for the District to connect to the City's wastewater system. The City Commission determined that annexation was a necessary part of any such agreement. 4. on January 28, 2019 The City Commission adopted Resolution 4972 providing a framework for annexation of the Riverside properties to enable the City to assist the Riverside properties in the treatment of its wastewater effluent. The Resolution further provided that should the residents of the Riverside properties request annexation and the City’s assistance in treating its wastewater effluent, the City would take all steps to create a special improvement district to finance the costs of and construct infrastructure to connect the Riverside properties to the City’s Water Reclamation Facility. 5. On December 14, 2021, the City Commission acknowledged receipt of petitions for annexation from the Riverside Property Owners through a Commission Consent Item. 6. on April 5, 2022, the City Commission adopted Resolution 5355 and provisional adoption of Ordinance 2096 “The Riverside Annexation and Zone Map Amendment” annexing approximately 57.9 acres of the Riverside Community into the City of Bozeman and establishing initial zoning designations. 7. The City is in possession of waivers of right to protest creation of a special improvements district from a majority of the properties in the 410 proposed district. 8. In 2022, the City of Bozeman advertised a request for proposals for qualified engineering firms to design a wastewater connection from the proposed district to the City’s existing wastewater treatment plant and DOWL subsequently was selected as the most qualified firm to complete the work. 9. Beginning in 2023, DOWL began design of the necessary improvements to make a wastewater connection from the proposed district to the City’s Water Reclamation Facility. 10. By October of 2024, DOWL had progressed the project design to the point where a detailed engineer’s estimate could be used to initiate creation of a special improvements district to fund construction of the project. 11. On November 1, 2024, the City and DOWL met with residents of the Riverside community at a public meeting at City Hall to discuss the project and creation of the proposed SID. 12. It is the City’s intention to advertise the proposed project for construction bids in early 2025 and proceed with construction of the necessary improvements. 13. All properties in the District specially benefit from the improvements to be assessed by the SID. The benefits include benefits to every property through the treatment of wastewater generated from properties within the proposed district. Any undeveloped lots within the proposed district will benefit by having sewer service available for the property. 14. The assessments to be levied on property within the District are proportional to the benefits received by the properties. UNRESOLVED ISSUES:None ALTERNATIVES:1. Re-prioritize City funds to buy down the cost of the SID. This will require the City’s capital improvements program to be amended 2. As determined by City Commission FISCAL EFFECTS:The project total cost is $3,791,320 which includes construction of wastewater improvements to transport wastewater from district properties to the City’s Water Reclamation Facility, engineering and administrative fees. See the attached Exhibit C to the Resolution of Intent, “Engineer’s Probable Construction Cost Estimate.” Assessments to each developed or developable property are identified in Exhibit B to the Resolution of Intent, “Lot, Parcels, and Tracts Included with the District/Assessment.” The City will need to finance the project by selling bonds pursuant to its authority under MCA chapter 7-12, part 42. The proposed repayment on the bonds is 20 years. Attachments: Resolution of intention to create district v5.docx Exhibit A SID No 789 Boundary.pdf Exhibit B Riverside_PropertyLists v2.pdf 411 Exhibit C Riverside LS & FM_Budget_10_30_2024.pdf Notice of Intention to Create SID and Public Hearing.docx Report compiled on: October 8, 2024 412 DRAFT 11/12/2024 RESOLUTION NO. 5647 RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 789 (RIVERSIDE NEIGHBORHOOD); DECLARING IT TO BE THE INTENTION OF THE BOZEMAN CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY’S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND; AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman (the “City”), Montana, as follows: WHEREAS, the wastewater treatment facilities of Riverside County Water and Sewer District No. 310 (“Riverside”) are out of compliance with applicable laws, rules, and regulations; and WHEREAS, the Board of Directors of Riverside concluded that the preferred alternative for addressing Riverside’s wastewater treatment shortcomings was to connect its sewer collection system to the City’s Water Reclamation Facility; and WHEREAS, as a condition to connecting to the City’s Water Reclamation Facility, the City required Riverside to be annexed into the City limits; and WHEREAS, Riverside, through its Board of Directors and a number of the owners of lots, tracts, and parcels within Riverside, voluntarily petitioned for annexation into the City and voluntarily petitioned for the creation of a special improvement district for the purpose of financing the costs of the public wastewater infrastructure that connects Riverside’s sewer collection system to the City’s Water Reclamation Facility; and 413 2 WHEREAS, as a part of the petition to annex and petition to create a special improvement district, the petitioners, among other things, consented to annexation and the creation of the special improvement district and waived their right to protest all matters pertaining thereto; and WHEREAS, the Riverside Neighborhood was annexed to the City pursuant to Resolution No. 5355; and WHEREAS, the City, pursuant to the request of Riverside and numerous owners of lots, tracts, and parcels therein, now seeks to create the special improvement district to finance the costs of the wastewater infrastructure that benefits Riverside and each lot, tract, and parcel in Riverside. Section 1 Proposed Improvements; Intention to Create District. The City proposes to undertake certain local improvements (the “Improvements”) to benefit certain real property located in the City limits known as the Riverside Neighborhood as described in Resolution No. 5355. The Improvements consist of the design, engineering, and construction of a sewer lift station, sewer force main, and associated improvements to deliver wastewater to the City's Water Reclamation Facility. The total estimated costs of the Improvements and all associated costs are $3,791,320, which are to be paid from the special improvement district bonds hereinafter described. It is the intention of this Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter 12, Parts 41 and 42, as amended (the “Act”), a special improvement district (the “District”) for the purpose of financing the costs of the Improvements and paying costs incidental thereto, including costs associated with the sale and the security of special improvement district bonds drawn on the District (the “Bonds”), the creation and administration of the District, and the funding of a deposit to the City’s Special Improvement District Revolving Fund (the “Revolving Fund”). The Bonds are to be payable from special assessments to be levied against property in the District, which property will be specially benefited by the Improvements in an amount not less than $3,791,320. Section 2 Number of District. The District, if the same shall be created and established, shall be known and designated as Special Improvement District No. 789 of the City of Bozeman, Montana. Section 3 414 3 Boundaries of District. The limits and boundaries of the District are depicted on a map attached as Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries are designated and confirmed as the boundaries of the District. A listing of each of the properties in the District that are subject to assessment is shown on Exhibit B hereto (which is hereby incorporated herein and made a part hereof). Section 4 Benefited Property. The District and territory included within the limits and boundaries described in Section 3 and as shown on Exhibit A and described on Exhibit B are hereby declared to be the special improvement district and the territory which will be benefited by the Improvements. The properties to be assessed for costs of the Improvements are listed on Exhibit B. Such properties included within said limits and boundaries are hereby declared to be the property benefited by the Improvements. Section 5 General Character of the Improvements. The general character of the Improvements is design, engineering and construction of certain sewer improvements in and serving the Riverside Neighborhood and related improvements. The Improvements consist of a new sewer lift station, approximately 4,000 lineal feet of 6-inch sewer force main to deliver wastewater to the City's Water Reclamation Facility, and associated improvements. Section 6 Engineer and Estimated Cost. DOWL, of Bozeman, Montana, is the City’s consulting engineer in connection with the Improvements. The Consulting Engineer has estimated that costs of the Improvements and all associated costs are $3,791,320, as shown on Exhibit C, which are to be paid from proceeds of the Bonds. Such estimates are subject to revision or to amendment. Section 7 Assessment Methods. 7.01. Method; Property To Be Assessed. The costs of the Improvements shall be assessed against all lots, parcels, and tracts located in the District benefitting from the Improvements as set forth in this Section 7. 415 4 7.02. Equal Amount Per Lot, Parcel, and Tract; Residential Equivalent Assessments. (a)Residential Equivalent Assessments. All lots, parcels, and tracts within the Districtwill be assessed depending on whether the lot, tract, or parcel is used for residential or nonresidential purposes. There are currently 127 lots, tracts, and parcels in the District that are used or available to be used for residential purposes. There are currently 4 lots, tracts, and parcels in the District that are used for nonresidential purposes, all of which are attributable to the Riverside County Club and its golf course (collectively, the “Golf Course Properties”). For purposes of sewer use and benefit, three of the four Golf Course Properties (the maintenance building, the tennis parcel, and the restroom tract on the fairway) are each deemed to be equivalent to a property used or to be used as a residential dwelling unit, particularly taking into consideration the seasonal variation in use of those three Golf Course Properties. The tract on which the clubhouse and associated improvements are located (the “Clubhouse Tract”) has much higher sewer use as compared to a residential property and is benefited considerably more by and imposes considerably more of a burden on the Improvements as compared to a residential property. Each of the Golf Course Properties that is other than the Clubhouse Tract will be treated as the equivalent of one residential lot, tract, or parcel. The Clubhouse Tract will be treated as the equivalent of 12 residential lots, tracts, or parcels. (b)Estimated Total Principal Amount of Assessment. Based on the information in subparagraph (a) of this Section 7.2, there are a total of 142 residential equivalent lots, tracts, and parcels subject to special assessments. Assuming bonds are issued in a principal amount of $3,791,320, the total principal amount of the assessment for costs of the Improvements and incidental costs for each residential and residential equivalent lot, tract, parcel in the District is estimated to be $26,700. Accordingly, the total principal amount of the assessment against the Clubhouse Tract is estimated to be $320,400. 7.03. Future Subdivision; Consolidation. If an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of the District during the term of the Bonds, or the number of lots, tracts, or parcels used for nonresidential purposes increases or the existing nonresidential use changes materially, the Commission will recalculate the amount assessable to 416 5 each lot, tract, or parcel; provided that the amount of the residential equivalent assessment does not increase. The recalculation will be based on the amount of the District’s outstanding principal of and interest on the Bonds for the current fiscal year in which the recalculation occurs and the City will spread the assessments across the District based on the number of benefited lots, tracts, or parcels within the boundaries of the District as of the July 1 following the action that resulted in the increase in or adjustment to the number of benefited lots, tracts, or parcels, or the increase in the number of lots, tracts, or parcels used for nonresidential purposes, all as provided in Section 7-12-4162(3)(b), MCA. In doing so, the Commission will comply with Sections 7-12-4176 through 7-12-4178, MCA. From and after creation of the District the lien of the special assessments to pay or finance the costs of the Improvements and incidental costs is not extinguished or diminished by the combination or consolidation of multiple lots, tracts, or parcels into fewer lots, tracts, or parcels; accordingly, the area consisting of a combined or consolidated lot, tract, or parcel or lots, tracts, or parcels will be assessed in an amount equal to the amount it would have been assessed had the combination or consolidation of lots, tracts, or parcels not occurred. 7.04. Assessments Stated as Principal Only. The dollar amounts of the special assessments stated above in this Section 7 and set forth in Exhibit B are stated only as total principal amounts. The special assessments, when levied, will include interest at the prevailing interest rate as prescribed by the Act, and such principal and interest will be amortized over the term of the Bonds and payable in semiannual installments. The term of the Bonds is expected to be not longer than twenty (20) years. 7.05. Assessment Methodology Equitable and Consistent with Benefit. This Commission hereby determines that the method of assessment and the assessment of costs of the specific Improvements against the properties benefited thereby as prescribed in this Section 7 are equitable and in proportion to and not exceeding the special benefits derived from the Improvements by the lots, tracts, and parcels to be assessed therefor within the District. Section 8 Method of Financing; Pledge of Revolving Fund; Findings and Determinations.The City will issue the Bonds in an aggregate principal amount not to exceed $3,791,320 to finance costs of the 417 6 Improvements and costs incidental thereto. Principal of and interest on the Bonds will be paid from special assessments levied against properties in the District. This Commission finds it is in the public interest, and in the best interest of the City and the District, to secure payment of the principal of and interest on the Bonds by the Revolving Fund and hereby authorizes the City to enter into the undertakings and agreements authorized in Section 7-12-4225, MCA, in respect of the Bonds. In determining to authorize such undertakings and agreements, this Commission has taken into consideration the following factors: (a) Estimated Market Value of Parcels. As of July 2024, the estimated assessed value of the lots, tracts, and parcels, as improved, for property tax purposes in the District and using only the column headed “Total Assessed Market Value” on Exhibit B ranges from $215,400to $5,887,816. The special assessments to be levied under Section 7 against each applicable lot, tract, or parcel in the District is less than the estimated increase in market value of the lot, tract, or parcel as a result of the construction of the Improvements. (b) Diversity of Property Ownership. There are 131 lots, parcels, and tracts in the District. Such lots, parcels, and tracts are owned by approximately 127 different owners. Approximately 4 owners own two or more lots, tracts, or parcels in the District, and the owner of the most lots, tracts, or parcels in the District owns 4 lots, tracts, or parcels in the District (i.e., the Golf Course Properties). The ownership of the properties within the District as reflected in the County’s property ownership records as of July 2024 is shown on Exhibit B. (c) Undeveloped Lots or Tracts. Of the 127 residential lots, tracts, and parcels in the District to be assessed for the Improvements, roughly one is undeveloped and 126 are developed. (d) Comparison of Special Assessments and Property Taxes and Market Value. Information showing market value information for properties within the District is set forth on Exhibit B. The assessed market value of each applicable parcel in the District is greater than the amount of the assessment to be levied against it. 418 7 (e) Amount of Outstanding Special Assessments. Special assessments are caused to be levied or are levied against properties in the District by various local governments, including Gallatin County, the City, and Riverside. For purposes of this resolution, outstanding special assessments are deemed to be special assessments due during fiscal year 2025. Based on information supplied by the County, Riverside, and the City, it is estimated that the amount of outstanding special assessments against property in the District totals approximately $201,302.61. This amount is only an estimate based on line items on property tax statements that are clearly delineated as or known to be special assessments; the amount excludes property taxes against property in the District and other charges that are not clearly special assessments. (f) Delinquencies. The historical rate of tax delinquencies in the District is not greater than the City as a whole. Zero or one of the 131 lots, tracts, and parcels in the District to be assessed for the Improvements have tax delinquencies as of October 2024. (g) The Public Benefit of the Improvements. The Improvements will result in uniform and reliable sewer within the City and are of general benefit to City residents as well as of special benefit to the District. Section 9 Reimbursement Expenditures. 9.01. Regulations. The United States Department of Treasury has promulgated final regulations governing the use of proceeds of tax-exempt bonds, all or a portion of which are to be used to reimburse the City for project expenditures paid by the City prior to the date of issuance of such bonds. Those regulations (Treasury Regulations, Section 1.150-2) (the “Regulations”) require that the City adopt a statement of official intent to reimburse an original expenditure not later than 60 days after payment of the original expenditure. The Regulations also generally require that the bonds be issued and the reimbursement allocation made from the proceeds of the bonds within 18 months (or three years, if the reimbursement bond issue qualifies for the “small issuer” exception from the arbitrage rebate requirement) after the later of (i) the date the expenditure is paid or (ii) the date the project is placed in service or abandoned, but (unless the issue qualifies for the “small issuer” exception from the arbitrage rebate requirement) in no event 419 8 more than three years after the date the expenditure is paid. The Regulations generally permit reimbursement of capital expenditures and costs of issuance of the bonds. 9.02. Prior Expenditures. Other than (i) expenditures to be paid or reimbursed from sources other than the Bonds, (ii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iii) expenditures in a “de minimus” amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for the Improvements have been paid by the City before the date 60 days before the date of adoption of this resolution. 9.03. Declaration of Intent. The City reasonably expects to reimburse the expenditures made for costs of the Improvements out of the proceeds of Bonds in an estimated maximum aggregate principal amount of $3,791,320 after the date of payment of all or a portion of the costs of the Improvements. All reimbursed expenditures shall be capital expenditures, a cost of issuance of the Bonds or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Regulations. 9.04. Budgetary Matters. As of the date hereof, there are no City funds reserved, allocated on a long-term basis or otherwise set aside (or reasonably expected to be reserved, allocated on a long-term basis or otherwise set aside) to provide permanent financing for the expenditures related to the Improvements, other than pursuant to the issuance of the Bonds. The statement of intent contained in this resolution, therefore, is determined to be consistent with the City’s budgetary and financial circumstances as they exist or are reasonably foreseeable on the date hereof. 9.05. Reimbursement Allocations. The City Finance Director shall be responsible for making the “reimbursement allocations” described in the Regulations, being generally the transfer of the appropriate amount of proceeds of the Bonds to reimburse the source of temporary financing used by the City to make prior payment of the costs of the Improvements. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the Bonds or the Improvements and shall specifically identify the actual original expenditure being reimbursed. Section 10 420 9 Public Hearing; Protests. At any time within seventeen (17) days from and after the date of the first publication of the notice of the passage and approval of this resolution, any owner of real property within the District subject to assessment and only those subject to assessment for the cost and expense of making the Improvements may make and file with the City Clerk’s office until 5:00 p.m., M.T., on the expiration date of the 17-day period (December 10, 2024), written protest against the proposed Improvements, or against the extension or creation of the District or both. Such protest must be in writing, identify the property in the District owned by the protestor and be signed by all owners of the property. The protest must be delivered to the City Clerk’s office, who shall endorse thereon the date of its receipt by the City Clerk or the Deputy Clerk. This Commission will at its next regular meeting after the expiration of the seventeen(17) days in which such protests in writing can be made and filed, proceed to hear all such protests so made and filed; which regular meeting will be held on December 17, 2024, at 6:00 p.m., at the Commission Meeting Room, City Hall, 35 N. Rouse Avenue in Bozeman, Montana. Section 11 Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman Daily Chronicle, a newspaper of general circulation in the City on November 23, 2024 and November 30, 2024, in the form and manner prescribed by law, and to mail or cause to be mailed a copy of said notice to every person, firm, corporation, or the agent of such person, firm, or corporation having real property within the District listed in its name upon the last completed assessment roll for state, City, and school district taxes, at its last-known address, on or before the same day such notice is first published. 421 10 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, this 19th day of November, 2024. ____________________________________ TERRY CUNNINGHAM Mayor ATTEST: ___________________________________ MICHAEL MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney (SEAL) 422 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5647, entitled: “RESOLUTION RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 789 (RIVERSIDE NEIGHBORHOOD); DECLARING IT TO BE THE INTENTION OF THE BOZEMAN CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY’S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND; AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE”(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on November 19, 2024, and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commission Members voted in favor thereof: _______________________________ ____________________________________________; voted against the same:_____________ ______________________________________________________; abstained from voting thereon:_________________________________________________________; or were absent: __________________________________________________________. WITNESS my hand officially this 19th day of November, 2024. (SEAL) MICHAEL MAAS City Clerk 423 A-1 EXHIBIT A 424 B-1 EXHIBIT B 425 C-1 EXHIBIT C 426 BLK 2LOT 50BLK 2LOT 49BLK 2LOT 48BLK 2LOT 47BLK 2LOT 46BLK 2LOT 45BLK 2LOT 44BLK 2LOT 43BLK 2LOT 42BLK 2LOT 41BLK 2LOT 40BLK 2LOT 39BLK 2LOT 38BLK 2LOT 37BLK 2LOT 36BLK 2LOT 35BLK 2LOT 34BLK 2LOT 33BLK 2LOT 32BLK 2LOT 31BLK 2LOT 30BLK 2LOT 29BLK 2LOT 28BLK 2LOT 27BLK 2LOT 26BLK 2LOT 25BLK 2LOT 24BLK 2LOT 23BLK 2LOT 22BLK 2LOT 21BLK 2LOT 20BLK 2LOT 19BLK 2LOT 18BLK 2LOT 17BLK 2LOT 16BLK 2LOT 15BLK 2LOT 14BLK 2LOT 13BLK 2LOT 12BLK 1LOT 9BLK 1LOT 8BLK 2LOT 11BLK 2LOT 10BLK 1LOT 7BLK 1LOT 6BLK 1LOT 5BLK 2LOT 7BLK 2LOT 8BLK 2LOT 9BLK 2LOT 6BLK 2LOT 5BLK 2LOT 4BLK 1LOT 4BLK 1LOT 3BLK 1LOT 2BLK 1LOT 1BLK 2LOT 1BLK 2LOT 2BLK 2LOT 3COS 3030TRACT 2COS 3030TRACT 3COS 3030TRACT 1116B-1116C-1116A-1114B-1114C-1114A-1113D-1113C-1113B-1113A-1112D-1A112C-1112B-1112A-1LOT 4LOT 3LOT 2LOT 1109D109C109B109A107C-1107B-1107A-1105F-1105E-1105B-1105C-1105D-1105A-1BLK 4LOT 4 102D-1102C-1102B-1102A-1101D 101C101B 101A 11D11C11B11A10D10C10B10A8D-18C-18B-18A-17D-17C-17B-17A-15D-15C-15B-15A-13C-1 3B-13A-12C-12B-12A-11A1BCOS 674SPRINGHILL ROADRIVERSIDE DR.PARKPLAZAGALLATIN DRRIVERSIDE COUNTY WATER & SEWER DISTRICT NO. 310406-586-8834ANNEXATION BOUNDARY AND PROPERTY DESCRIPTIONEXHIBIT APROPOSED ANNEXATION PROPERTY DESCRIPTIONLEGENDLOT 1BLK 1LOT 2BLK 1LOT 3BLK 1LOT 4BLK 1LOT 5BLK 1LOT 6LOT 7BLK 1LOT 8BLK 1LOT 9BLK 2LOT 2BLK 2LOT 3BLK 2LOT 4BLK 2LOT 6BLK 2LOT 5BLK 2LOT 7BLK 2LOT 8BLK 2LOT 9BLK 2BLK 1LOT 10BLK 2LOT 11BLK 2LOT 12BLK 2LOT 13LOT 14BLK 2BLK 2LOT 50BLK 2LOT 49BLK 2LOT 48BLK 2LOT 47BLK 2LOT 46BLK 2LOT 45BLK 2LOT 44102D-1102C-1102B-1102A-1101D 101C101B 101A 10A10B10C10D11A11B11C11D105A-1105B-1105C-1105D-1105E-1105F-1BLK 2LOT 17BLK 2LOT 18BLK 2LOT 19BLK 2LOT 20BLK 2LOT 21BLK 2LOT 22BLK 2LOT 23BLK 2LOT 24BLK 2LOT 25BLK 2LOT 26BLK 2LOT 27BLK 2LOT 28BLK 2LOT 29BLK 2LOT 30BLK 2LOT 31BLK 2LOT 32BLK 2LOT 33BLK 2LOT 34BLK 2LOT 35BLK 2LOT 36BLK 2LOT 37LOT 38BLK 2BLK 2LOT 15BLK 2LOT 16BLK 2LOT 43BLK 2LOT 42BLK 2LOT 41BLK 2LOT 40BLK 2LOT 391B1A2A-12B-12C-13C-133B-15A-15B-115C--15D-17A-17B-17C-117D-18A-18B-18C-18D-1107A-1107B-1107C-1109A109B109C109DLOT 1LOT 2LOT 3LOT 4113A-1113B-1113C-1113D-1114A-1114B-1114C-1116A-1116B-1116C-13A-1112A-11112B-1B1B1112C-1112D-1ABLK 4LOT 4BLK 2LOT 1PROPOSED BOUNDARY OF SID NO. 789SPECIAL IMPROVEMENT DISTRICT NO. 789BOUNDARY AND PROPERTY DESCRIPTIONPROPOSED SID NO. 789 BOUNDARY 427 SID No. 789; Assessment Roll CLASS CODE 2201 RESIDENTIAL CITY/TOWN LOTS CLASS CODE 2207 COMMERCIAL CITY/TOWN LOTS CLASS CODE 3501 IMPROVEMENT ON RESIDENTIAL CITY/TOWN LOTS CLASS CODE 3507 IMPROVEMENTS ON COMMERCIAL CITY/TOWN LOTS CLASS CODE 3137 PROPERTY TAX ASSISTANT PROGRAM ON IMPROVEMENTS CLASS CODE 3671 GOLF COURSE IMPROVEMENTS CLASS CODE 2132 PROPERTY TAX ASSISTANT PROGRAM ON LAND CLASS CODE 2311 GOLF COURSE LAND GEO Code Parcel# Lot#Situs Address Owner Name 1 Owner Name 2 Address 1 City ST Zip Code Class Code Assessed Market Value Total Assessed Market Value Taxable Total Principal Amount of Special Assessments1106-0904-23-3-01-01-0000 RFG8020 1 51 PARK PLAZA RDBOZEMAN, MT 59715 WREN ROWAN A &ROSES DIANA R 51 PARK PLAZA RD BOZEMAN MT 59715-9343 2201 434,159 5,861 $26,700.0006-0904-23-3-01-01-0000 RFG8020 3501 650,441 1,084,600 8,781 2 06-0904-23-3-01-02-0000 RFG8200 2 52 PARK PLAZA RDBOZEMAN, MT 59715 BROWN JACOB B & SEBRINA L 52 PARK PLAZA RD BOZEMAN MT 59715-9343 2201 417,002 5,630 $26,700.00 06-0904-23-3-01-02-0000 RFG8200 3501 569,898 986,900 7,694 3 06-0904-23-3-01-03-0000 RFG7215 3 53 PARK PLAZA RDBOZEMAN, MT 59715 HANLEY KELLY &SLAYTON BROOKE 53 PARK PLAZA RD BOZEMAN MT 59715-9343 2201 423,203 5,713 $26,700.00 06-0904-23-3-01-03-0000 RFG7215 3501 478,797 902,000 6,464 4 06-0904-23-3-01-04-0000 RFG9716 4 54 PARK PLAZA RDBOZEMAN, MT 59715 GEISSLER ALLEN TRUST DTD 3/01/1989 GEISSLER ALLEN TRUSTEE 54 PARK PLAZA RD BOZEMAN MT 59715-9343 2201 431,165 5,821 $26,700.0006-0904-23-3-01-04-0000 RFG9716 3501 469,335 900,500 6,336 5 06-0904-23-3-01-05-0000 RFG9717 5 55 PARK PLAZA RDBOZEMAN, MT 59715 OMOHUNDRO WILLIAM D & ELISSA A TRUSTEES OMOHUNDRO FAMILY LIVING TR DTD 8/05/2021 PO BOX 189 BUFFALO WY 82834-0189 2201 438,374 5,918 $26,700.00 06-0904-23-3-01-05-0000 RFG9717 3501 471,026 909,400 6,359 6 06-0904-23-3-01-06-0000 RFG8065 6 56 PARK PLAZA RDBOZEMAN, MT 59715 VANDERMOLEN CARL & JEAN M 56 PARK PLAZA DR BOZEMAN MT 59715-9343 2201 431,836 5,830 $26,700.00 06-0904-23-3-01-06-0000 RFG8065 3501 563,764 995,600 7,611 7 06-0904-23-3-01-07-0000 RFG9718 7 57 PARK PLAZA RDBOZEMAN, MT 59715 JOHNSTONE ROBERTA L RIMPE 57 PARK PLAZA DR BOZEMAN MT 59715-9343 2201 431,836 5,830 $26,700.0006-0904-23-3-01-07-0000 RFG9718 3501 594,264 1,026,100 8,023 8 06-0904-23-3-01-08-0000 RFG8015 8 58 PARK PLAZA RDBOZEMAN, MT 59715 HOLLENSTEINER WILLIAM S 25 RIVER MEADOW LN BELGRADE MT 59714-9336 2201 434,488 5,866 $26,700.00 06-0904-23-3-01-08-0000 RFG8015 3501 690,912 1,125,400 9,327 9 06-0904-23-3-01-09-0000 RFG8724 9 59 PARK PLAZA RDBOZEMAN, MT 59715 STOCKTON DANIEL H III & LESLIE L 59 PARK PLAZA RD BOZEMAN MT 59715-9343 2201 433,168 5,848 $26,700.00 06-0904-23-3-01-09-0000 RFG8724 3501 620,632 1,053,800 8,379 10 06-0904-23-3-02-01-0000 RFG9714 1 RIVERSIDE DRBOZEMAN, MT 59715 LEIGGI MICHAEL PATRICK &MCKAMEY SHELDON LOUISE 1 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 415,582 5,610 $26,700.0006-0904-23-3-02-01-0000 RFG9714 3501 627,618 1,043,200 8,473 11 06-0904-23-3-02-02-0000 RFG9370 2 2 PARK PLAZA RDBOZEMAN, MT 59715 MCNAB JOAN TEMPEL SUPRT TRST DTD 12/10/1 PATTERSON THOMAS A TRUSTEE 2 PARK PLAZA RD BOZEMAN MT 59715-9343 2201 536,753 7,246 $26,700.00 06-0904-23-3-02-02-0000 RFG9370 3501 718,047 1,254,800 9,694 12 06-0904-23-3-02-03-0000 RFG9066 3 3 PARK PLAZA RDBOZEMAN, MT 59715 FLATNESS JEFFRY C & JOLYNNE 3 PARK PLAZA RD BOZEMAN MT 59715-9343 2201 544,660 7,353 $26,700.00 06-0904-23-3-02-03-0000 RFG9066 3501 448,840 993,500 6,059 13 06-0904-23-3-02-04-0000 RFG9067 4 4 PARK PLAZA RDBOZEMAN, MT 59715 SCHAFF ALLEN K & DIANE C TRUSTEES SCHAFF FAMILY TRUST 4 PARK PLAZA RD BOZEMAN MT 59715-9343 2201 551,871 7,450 $26,700.0006-0904-23-3-02-04-0000 RFG9067 3501 505,829 1,057,700 6,829 14 06-0904-23-3-02-05-0000 RFG9068 5 5 PARK PLAZA RDBOZEMAN, MT 59715 BASILE MICHAEL A TRUSTEE BASILE MICHAEL A REV LVG TR DTD 8/28/08 5 PARK PLAZA RD BOZEMAN MT 59715-9343 2201 544,660 7,353 $26,700.0006-0904-23-3-02-05-0000 RFG9068 3501 986,680 1,531,340 13,320 15 06-0904-23-3-02-06-0000 RFG7807 6 6 PARK PLAZA RDBOZEMAN, MT 59715 GANNON KATHRYN A & JAMES H 6 PARK PLAZA RD BOZEMAN MT 59715-9343 2201 544,660 7,353 $26,700.00 06-0904-23-3-02-06-0000 RFG7807 3501 680,440 1,225,100 9,186 16 06-0904-23-3-02-07-0000 RFG9064 7 7 PARK PLAZA RDBOZEMAN, MT 59715 HUKILL BARRY J REV TR DTD 4/12/01 HUKILL BARRY J UND 50% INT TRUSTEE 5150 N PINNACLE POINT DR TUCSON AZ 85749-7150 2201 545,028 7,358 $26,700.0006-0904-23-3-02-07-0000 RFG9064 3501 464,272 1,009,300 6,268 17 06-0904-23-3-02-08-0000 RFG9065 8 8 PARK PLAZA RDBOZEMAN, MT 59715 HAMANN CARLEY JANE & JOHN CHAMPLIN 4461 GLENWOOD DR BOZEMAN MT 59718-4591 2201 541,315 7,308 $26,700.0006-0904-23-3-02-08-0000 RFG9065 3501 489,685 1,031,000 6,611 18 06-0904-23-3-02-09-0000 RFG8386 9 9 PARK PLAZA RDBOZEMAN, MT 59715 9 PARK PLAZA LLC 2007 MORNINGVIEW TRL CASTLE ROCK CO 80109-2600 2201 541,315 7,308 $26,700.00 06-0904-23-3-02-09-0000 RFG8386 3501 491,585 1,032,900 6,636 19 06-0904-23-3-02-10-0000 RFG7738 10 10 PARK PLAZA RDBOZEMAN, MT 59715 JAEGER NINA & AL 10 PARK PLAZA RD BOZEMAN MT 59715-9343 2201 541,315 7,308 $26,700.0006-0904-23-3-02-10-0000 RFG7738 3501 941,460 1,482,775 12,710 20 06-0904-23-3-02-11-0000 RFG8519 11 11 PARK PLAZA RDBOZEMAN, MT 59715 MARCHWICK JAMES L & SONJA L 11 PARK PLAZA DR BOZEMAN MT 59715-9343 2201 541,315 7,308 $26,700.0006-0904-23-3-02-11-0000 RFG8519 3501 375,085 916,400 5,064 21 06-0904-23-3-02-12-0000 RFG9070 12 12 PARK PLAZA RDBOZEMAN, MT 59715 HATHAWAY ROBERT A HATHAWAY MARILYN B 12 PARK PLAZA DR BOZEMAN MT 59715-9343 2201 530,875 7,167 $26,700.00 06-0904-23-3-02-12-0000 RFG9070 3501 550,525 1,081,400 7,432 22 06-0904-23-3-02-13-0000 RFG9071 13 13 PARK PLAZA RDBOZEMAN, MT 59715 LEE-EICHENWALD SCOTT & CARLA 13 PARK PLAZA RD BOZEMAN MT 59715-9343 2201 536,368 7,241 $26,700.00 06-0904-23-3-02-13-0000 RFG9071 3501 463,432 999,800 6,256 23 06-0904-23-3-02-14-0000 RFG9072 14 14 PARK PLAZA RDBOZEMAN, MT 59715 LUEM CARL D &EDHOLM KARLI M 14 PARK PLAZA RD BOZEMAN MT 59715-9343 2201 535,981 7,236 $26,700.0006-0904-23-3-02-14-0000 RFG9072 3501 1,572,819 2,108,800 21,233 24 06-0904-23-4-03-01-0000 RFG8199 50 50 RIVERSIDE DRBOZEMAN, MT 59715 HERRICK MICHAEL J 50 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 534,035 7,209 $26,700.00 06-0904-23-4-03-01-0000 RFG8199 3501 337,865 871,900 4,561 25 06-0904-23-4-03-02-0000 RFG8202 49 49 RIVERSIDE DRBOZEMAN, MT 59715 DENMAN THOMAS D & DIXIE LYNN TRUSTEES DENMAN FAMILY TRUST DTD 9/24/90 49 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 530,875 7,167 $26,700.00 06-0904-23-4-03-02-0000 RFG8202 3501 491,625 1,022,500 6,637 26 06-0904-23-4-03-03-0000 RFG9715 48 48 RIVERSIDE DRBOZEMAN, MT 59715 MURPHY HARRY A III & REBECCA C 48 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 523,124 7,062 $26,700.0006-0904-23-4-03-03-0000 RFG9715 3501 465,576 988,700 6,285 27 06-0904-23-4-03-04-0000 RFG8725 47 47 RIVERSIDE DRBOZEMAN, MT 59715 BERTELSEN DARYL E 47 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 523,124 7,062 $26,700.00 06-0904-23-4-03-04-0000 RFG8725 3501 418,776 941,900 5,653 28 06-0904-23-4-03-05-0000 RFG8382 46 46 RIVERSIDE DRBOZEMAN, MT 59715 HOLLERN ROBERT & PAULINE 46 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 523,124 7,062 $26,700.00 06-0904-23-4-03-05-0000 RFG8382 3501 488,076 1,011,200 6,589 29 06-0904-23-4-03-06-0000 RFG7101 45 45 RIVERSIDE DRBOZEMAN, MT 59715 MARSHALL PRYDE DEBBIE S 45 RIVERSIDE DR BOZEMAN MT 59715-9345 2132 350,000 945 $26,700.0006-0904-23-4-03-06-0000 RFG7101 2201 173,124 2,337 06-0904-23-4-03-06-0000 RFG7101 3137 - - 06-0904-23-4-03-06-0000 RFG7101 3501 505,776 678,900 6,828 428 30 06-0904-23-4-03-07-0000 RFG9058 44 44 RIVERSIDE DRBOZEMAN, MT 59715 MERRILL CARYLE S 44 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 523,124 7,062 $26,700.00 06-0904-23-4-03-07-0000 RFG9058 3501 568,476 1,091,600 7,674 31 06-0904-23-4-04-01-7001 RFG9438 4-A 104 GALLATIN DRBOZEMAN, MT 59715 FRASER KYLE & WHITNEY 104 GALLATIN DR APT A BOZEMAN MT 59718-9385 2201 264,837 3,575 $26,700.00 06-0904-23-4-04-01-7001 RFG9438 3501 525,626 790,463 7,096 32 06-0904-23-4-04-01-7002 RFG10062 4-B 104 GALLATIN DR UNIT BBOZEMAN, MT 59715 GRINAGER STEVE LEE & ANNA MARIE 104 GALLATIN DR APT B BOZEMAN MT 59718-9385 2201 264,837 3,575 $26,700.0006-0904-23-4-04-01-7002 RFG10062 3501 613,860 878,697 8,287 33 06-0904-23-4-04-05-5001 RFG9096 102D1 102D GALLATIN DRBOZEMAN, MT 59715 DEHAAN DAVID A & DEBRA ANN TRUSTEES DEHAAN DAVID A & DEBRA ANN LIVING TRUST 102 GALLATIN DR APT D BOZEMAN MT 59718-9389 2201 459,422 6,202 $26,700.00 06-0904-23-4-04-05-5001 RFG9096 3501 446,500 905,922 6,028 34 06-0904-23-4-04-07-5002 RFG9095 102C1 102C GALLATIN DRBOZEMAN, MT 59715 HOELL GREGORY P &AUGUSTINE SHERI CAPLAN 102 GALLATIN DR APT C BOZEMAN MT 59718-9389 2201 374,906 5,061 $26,700.00 06-0904-23-4-04-07-5002 RFG9095 3501 333,240 708,146 4,499 35 06-0904-23-4-04-09-5003 RFG9094 102B1 102B GALLATIN DRBOZEMAN, MT 59715 RENO REBECCA RUTH &BREUNIG KURT ANTHONY PO BOX 22209 BILLINGS MT 59104-2209 2201 374,906 5,061 $26,700.0006-0904-23-4-04-09-5003 RFG9094 3501 474,694 849,600 6,408 36 06-0904-23-4-04-11-5004 RFG9093 102A1 102A GALLATIN DRBOZEMAN, MT 59715 MUSFELDT LINDA G TRUSTEE MUSFELDT LINDA G MANAGMENT TRT 50 3RD AVE S APT 802 JACKSONVILLE BEACH FL 32250-6780 2201 454,972 6,142 $26,700.00 06-0904-23-4-04-11-5004 RFG9093 3501 313,880 768,852 4,237 37 06-0904-23-4-04-13-5001 RFG10065 101D 101D GALLATIN DRBOZEMAN, MT 59715 CAMERON TRACY ALLEN & JENNY LYNN 101D GALLATIN DR BOZEMAN MT 59718-9388 2201 467,938 6,317 $26,700.00 06-0904-23-4-04-13-5001 RFG10065 3501 225,562 693,500 3,045 38 06-0904-23-4-04-15-5002 RFG8955 101C 101C GALLATIN DRBOZEMAN, MT 59715 KENT CLAUDIA 101 GALLATIN DR APT C BOZEMAN MT 59718-9388 2132 350,000 945 $26,700.0006-0904-23-4-04-15-5002 RFG8955 2201 34,005 459 06-0904-23-4-04-15-5002 RFG8955 3137 - - 06-0904-23-4-04-15-5002 RFG8955 3501 236,895 270,900 3,198 39 06-0904-23-4-04-17-5003 RFG9092 101B 101B GALLATIN DRBOZEMAN, MT 59715 DARK HORSE PROPERTIES LLC 8652 S 19TH AVE BOZEMAN MT 59718-4156 2201 406,058 5,482 $26,700.00 06-0904-23-4-04-17-5003 RFG9092 3501 250,042 656,100 3,376 40 06-0904-23-4-04-19-5004 RFG10110 101A 101A GALLATIN DRBOZEMAN, MT 59715 JOHNSON LEAH BRAUN 101 GALLATIN DR APT A BOZEMAN MT 59718-9388 2201 336,061 4,537 $26,700.0006-0904-23-4-04-19-5004 RFG10110 3501 230,739 566,800 3,115 41 06-0904-23-4-05-01-5001 RFG8508 10A 10A GALLATIN DRBOZEMAN, MT 59715 BRITT EMILY KATHERINE 1395 W CAMERON BRIDGE RD BOZEMAN MT 59718-8849 2201 370,252 4,998 $26,700.0006-0904-23-4-05-01-5001 RFG8508 3501 134,748 505,000 1,819 42 06-0904-23-4-05-01-5002 RFG8203 10B 10B GALLATIN DRBOZEMAN, MT 59715 BURNOR DEBRA J &SMITH MICHAEL A PO BOX 62 LAKE ELMORE VT 05657-0062 2201 310,162 4,187 $26,700.00 06-0904-23-4-05-01-5002 RFG8203 3501 253,438 563,600 3,421 43 06-0904-23-4-05-01-5003 RFG7214 10C 10C GALLATIN DRBOZEMAN, MT 59715 WILSHIRE FAMILY 1987 SURVIVORS TRUST WILSHIRE NANCY N TRUSTEE 10 GALLATIN DR APT C BOZEMAN MT 59718-1507 2201 310,162 4,187 $26,700.0006-0904-23-4-05-01-5003 RFG7214 3501 253,238 563,400 3,419 44 06-0904-23-4-05-01-5004 RFG6802 10D 10D GALLATIN DRBOZEMAN, MT 59715 BUCK TRAVIS & AMBER 214 SHEPHERD TRL UNIT A BOZEMAN MT 59718-5993 2201 361,260 4,877 $26,700.0006-0904-23-4-05-01-5004 RFG6802 3501 295,440 656,700 3,988 45 06-0904-23-4-05-09-5001 RFG7926 11A 11A GALLATIN DRBOZEMAN, MT 59715 KILLHAM SUSAN E TRUSTEE KILLHAM SUSAN E TRUST 358 MIDDLE COTTONWOOD LN BOZEMAN MT 59715-9432 2201 375,544 5,070 $26,700.00 06-0904-23-4-05-09-5001 RFG7926 3501 204,156 579,700 2,756 46 06-0904-23-4-05-11-5002 RFG9144 11B 11B GALLATIN DRBOZEMAN, MT 59715 DARK HORSE PROPERTIES LLC 111 GALLATIN DR APT A BOZEMAN MT 59718-9399 2201 322,538 4,354 $26,700.00 06-0904-23-4-05-11-5002 RFG9144 3501 396,762 719,300 5,356 47 06-0904-23-4-05-13-5003 RFG9920 11C 11C GALLATIN DRBOZEMAN, MT 59715 MACVEAN MARIA 11 GALLATIN DR APT C BOZEMAN MT 59718-1508 2201 314,758 4,249 $26,700.0006-0904-23-4-05-13-5003 RFG9920 3501 217,842 532,600 2,941 48 06-0904-23-4-05-15-5004 RFG7586 11D 11D GALLATIN DRBOZEMAN, MT 59715 CAIN STEPHANIE 11 GALLATIN DR APT D BOZEMAN MT 59718-1508 2132 350,000 945 $26,700.00 06-0904-23-4-05-15-5004 RFG7586 2201 38,775 523 06-0904-23-4-05-15-5004 RFG7586 3137 - - 06-0904-23-4-05-15-5004 RFG7586 3501 267,125 305,900 3,606 49 06-0904-23-4-06-01-5001 RFG9102 105A1 105A GALLATIN DRBOZEMAN, MT 59715 WARD MICHAEL S & LINDA B REV LIV TR AGR WARD MICHAEL S & LINDA B TRUSTEES 4747 HEAVENLY LN BOZEMAN MT 59715-8774 2201 450,382 6,080 $26,700.0006-0904-23-4-06-01-5001 RFG9102 3501 247,480 697,862 3,341 50 06-0904-23-4-06-03-5002 RFG9103 105B1 105B GALLATIN DRBOZEMAN, MT 59715 LIGHTNER DEBORAH K & THOMAS A TRUSTEES LIGHTNER FAMILY REVOCABLE TRUST 33160 N 71ST ST SCOTTSDALE AZ 85266-7189 2201 396,506 5,353 $26,700.00 06-0904-23-4-06-03-5002 RFG9103 3501 268,994 665,500 3,631 51 06-0904-23-4-06-05-5003 RFG9105 105D&105C1 0105C GALLATIN DRBOZEMAN, MT 59715 WARD MICHAEL S &WARD LINDA B REV LIV TRUST AGR DTD 11/9/4747 HEAVENLY LN BOZEMAN MT 59715-8774 3501 315,890 4,265 $26,700.00 06-0904-23-4-06-05-5003 RFG9105 2201 483,116 799,006 6,522 52 06-0904-23-4-06-09-5001 RFG9106 105E1 105E GALLATIN DRBOZEMAN, MT 59715 SHEA THOMAS J & PATRICIA L 105 GALLATIN DR BOZEMAN MT 59718-9327 2201 467,346 6,309 $26,700.0006-0904-23-4-06-09-5001 RFG9106 3501 311,340 778,686 4,203 53 06-0904-23-4-06-11-5002 RFG9107 105F1 105F GALLATIN DRBOZEMAN, MT 59715 NEAL TONI A 105 GALLATIN DR APT F BOZEMAN MT 59718-9386 2201 457,531 6,177 $26,700.00 06-0904-23-4-06-11-5002 RFG9107 3501 311,370 768,901 4,203 54 06-0904-25-2-01-01-0000 RFG9656 blk2, lot 17 17 RIVERSIDE DRBOZEMAN, MT 59715 GAINES GENE FRANKLIN TRUSTEE &SMITH-GAINES CATHERINE ELIZABETH TRUSTEE 17 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 526,021 7,101 $26,700.00 06-0904-25-2-01-01-0000 RFG9656 3501 478,279 1,004,300 6,457 55 06-0904-25-2-01-02-0000 RFG8919 blk2, lot 18 18 RIVERSIDE DRBOZEMAN, MT 59715 THURLBY MICHAEL JAMES & CATHERINE AMANDA 18 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 528,465 7,134 $26,700.0006-0904-25-2-01-02-0000 RFG8919 3501 431,135 959,600 5,820 56 06-0904-25-2-01-03-0000 RFG7882 blk2, lot 19 19 RIVERSIDE DRBOZEMAN, MT 59715 KING CHARLES H JR & KAREN H 1223 SAILFISH ST HITCHCOCK TX 77563-2716 2201 528,465 7,134 $26,700.00 06-0904-25-2-01-03-0000 RFG7882 3501 192,735 721,200 2,602 57 06-0904-25-2-01-04-0000 RFG7087 blk2, lot 20 20 RIVERSIDE DRBOZEMAN, MT 59715 MONAHAN RICHARD C & BARBARA L PO BOX 7328 BOZEMAN MT 59771-7328 3501 436,635 5,895 $26,700.00 06-0904-25-2-01-04-0000 RFG7087 2201 528,465 965,100 7,134 58 06-0904-25-2-01-05-0000 RFG6778 blk2, lot 21 21 RIVERSIDE DRBOZEMAN, MT 59715 KAMP MARY MILKOVICH &COLLUM DICK 21 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 540,563 7,298 $26,700.0006-0904-25-2-01-05-0000 RFG6778 3501 350,637 891,200 4,734 59 06-0904-25-2-01-06-0000 RFG7822 blk2, lot 22 22 RIVERSIDE DRBOZEMAN, MT 59715 BING MICHAEL P 22 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 531,670 7,178 $26,700.00 06-0904-25-2-01-06-0000 RFG7822 3501 441,130 972,800 5,955 60 06-0904-25-2-01-07-0000 RFG8425 blk2, lot 23 23 RIVERSIDE DRBOZEMAN, MT 59715 LEIGLAND ROBERT & SUSAN TRUSTEE ROBERT & SUSAN LEIGLAND REVOC LV TRUST 23 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 531,670 7,178 $26,700.00 06-0904-25-2-01-07-0000 RFG8425 3501 502,930 1,034,600 6,790 61 06-0904-25-2-01-08-0000 RFG7086 blk2, lot 24 24 RIVERSIDE DRBOZEMAN, MT 59715 LIVESAY TREVOR J TRUSTEE LIVESAY TREVOR J LIV TRT 24 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 508,286 6,862 $26,700.0006-0904-25-2-01-08-0000 RFG7086 3501 1,063,260 1,571,546 14,354 62 06-0904-25-2-01-09-0000 RFG8201 blk2, lot 25 25 RIVERSIDE DRBOZEMAN, MT 59715 KAMP JOHN REV TRUST DTD 3/29/05 KAMP JOHN TRUSTEE PO BOX 1865 BOZEMAN MT 59771-1865 2201 536,753 7,246 $26,700.0006-0904-25-2-01-09-0000 RFG8201 3501 701,047 1,237,800 9,464 429 63 06-0904-25-2-01-10-0000 RFG9571 blk2, lot 26 26 RIVERSIDE DRBOZEMAN, MT 59715 SEYMOUR DARRYL S & KELLY L TRUSTEES SEYMOUR DARRYL S & KELLY RV TRST 1-20-22 26 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 531,273 7,172 $26,700.00 06-0904-25-2-01-10-0000 RFG9571 3501 551,927 1,083,200 7,451 64 06-0904-25-2-01-11-0000 RFG9069 blk2, lot 27 27 RIVERSIDE DRBOZEMAN, MT 59715 HARRIS LEONARD JOHN & LISBETH A PO BOX 11341 BOZEMAN MT 59719-1341 2201 522,287 7,051 $26,700.00 06-0904-25-2-01-11-0000 RFG9069 3501 301,613 823,900 4,072 64 06-0904-25-2-01-12-0000 RFG8308 blk2, lot 28 28 RIVERSIDE DRBOZEMAN, MT 59715 DAWS BRAD W & VIRGINIA K PO BOX 1799 BOZEMAN MT 59771-1799 2201 506,910 6,843 $26,700.0006-0904-25-2-01-12-0000 RFG8308 3501 1,243,390 1,750,300 16,786 66 06-0904-25-2-01-13-0000 RFG7753 blk2, lot 29 29 RIVERSIDE DRBOZEMAN, MT 59715 JOZOVICH JOYCE 29 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 506,910 6,843 $26,700.00 06-0904-25-2-01-13-0000 RFG7753 3501 500,090 1,007,000 6,751 67 06-0904-25-2-01-14-0000 RFG7721 blk2, lot 30 30 RIVERSIDE DRBOZEMAN, MT 59715 OSTERMAN BARBARA J 31 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 522,287 522,287 7,051 $26,700.00 68 06-0904-25-2-01-15-0000 RFG8886 blk2, lot 31 31 RIVERSIDE DRBOZEMAN, MT 59715 OSTERMAN BARBARA J 31 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 532,857 7,194 $26,700.00 06-0904-25-2-01-15-0000 RFG8886 3501 408,843 941,700 5,519 69 06-0904-25-2-01-16-0000 RFG6772 blk2, lot 32 32 RIVERSIDE DRBOZEMAN, MT 59715 KLARE RUSSELL 32 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 531,670 7,178 $26,700.0006-0904-25-2-01-16-0000 RFG6772 3501 501,330 1,033,000 6,768 70 06-0904-25-2-01-17-0000 RFG7224 blk2, lot 33 33 RIVERSIDE DRBOZEMAN, MT 59715 CETRARO ANDREW L 33 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 531,670 7,178 $26,700.00 06-0904-25-2-01-17-0000 RFG7224 3501 442,830 974,500 5,978 71 06-0904-25-2-01-18-0000 RFG9061 blk2, lot 34 34 RIVERSIDE DRBOZEMAN, MT 59715 REEVES COURTNEY O DELL 34 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 531,670 7,178 $26,700.00 06-0904-25-2-01-18-0000 RFG9061 3501 745,430 1,277,100 10,063 72 06-0904-25-2-01-19-0000 RFG7749 blk2, lot 35 35 RIVERSIDE DRBOZEMAN, MT 59715 NIELSEN ROXANNE K REVOCABLE TRUST NIELSEN ROXANNE K TRUSTEE 50 HACIENDA CIR ORINDA CA 94563-1735 2201 537,522 7,257 $26,700.0006-0904-25-2-01-19-0000 RFG7749 3501 634,778 1,172,300 8,570 73 06-0904-25-2-01-20-0000 RFG7748 blk2, lot 36 36 RIVERSIDE DRBOZEMAN, MT 59715 THOMPSON LEE TRUSTEE THOMPSON VAN VOLKOM TRUST DATED 3/22/22 36 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 531,670 7,178 $26,700.00 06-0904-25-2-01-20-0000 RFG7748 3501 498,030 1,029,700 6,723 74 06-0904-25-2-01-21-0000 RFG9970 blk2, lot 37 37 RIVERSIDE DRBOZEMAN, MT 59715 MARCHI ANTHONY J & RUTH ANN 37 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 531,670 7,178 $26,700.00 06-0904-25-2-01-21-0000 RFG9970 3501 444,030 975,700 5,994 75 06-0904-25-2-01-22-0000 RFG9570 blk2, lot 38 38 RIVERSIDE DRBOZEMAN, MT 59715 NOREM JAMES S & KERRY 38 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 531,670 7,178 $26,700.0006-0904-25-2-01-22-0000 RFG9570 3501 459,530 991,200 6,204 76 06-0904-26-1-01-01-0000 RFG8961 blk2, lot 15 15 PARK PLAZA RDBOZEMAN, MT 59715 HENSLEE ISAAC, KIERSTEN TRUSTEE &HENSLEE ISAAC & KIERSTEN FAMILY TRUST AG 15 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 526,021 7,101 $26,700.00 06-0904-26-1-01-01-0000 RFG8961 3501 785,600 1,311,621 10,606 77 06-0904-26-1-01-02-0000 RFG8195 blk2, lot 16 16 RIVERSIDE DRBOZEMAN, MT 59715 BASYE JASON 16 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 526,021 7,101 $26,700.00 06-0904-26-1-01-02-0000 RFG8195 3501 372,379 898,400 5,027 78 06-0904-26-1-02-01-0000 RFG9945 blk2, lot 43 43 RIVERSIDE DRBOZEMAN, MT 59715 JENKINS LAURETTE L & PALMER L PO BOX 418 MOOSE WY 83012-0418 2201 523,124 7,062 $26,700.0006-0904-26-1-02-01-0000 RFG9945 3501 525,176 1,048,300 7,090 79 06-0904-26-1-02-02-0000 RFG8229 blk2, lot 42 42 RIVERSIDE DRBOZEMAN, MT 59715 BAILES GLENN M & DIANE S 42 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 524,372 7,079 $26,700.00 06-0904-26-1-02-02-0000 RFG8229 3501 581,528 1,105,900 7,851 80 06-0904-26-1-02-03-0000 RFG7544 blk2, lot 41 41 RIVERSIDE DRBOZEMAN, MT 59715 GOLDWARG ERIC K &RIDGWAY EMILY B 41 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 531,670 7,178 $26,700.00 06-0904-26-1-02-03-0000 RFG7544 3501 903,560 1,435,230 12,198 81 06-0904-26-1-02-04-0000 RFG8146 blk2, lot 40 40 RIVERSIDE DRBOZEMAN, MT 59715 WENGER JAMES M & LYNDA K 40 RIVERSIDE DR BOZEMAN MT 59715-9345 2201 531,670 7,178 $26,700.0006-0904-26-1-02-04-0000 RFG8146 3501 824,930 1,356,600 11,137 82 06-0904-26-1-02-05-0000 RFG6717 blk2, lot 39 39 RIVERSIDE DRBOZEMAN, MT 59715 LACKEY JOHN T REV LIV TRUST LACKEY JOHN T TRUSTEE 1795 HOOKER OAK AVE CHICO CA 95926-1736 2201 531,670 7,178 $26,700.00 06-0904-26-1-02-05-0000 RFG6717 3501 442,930 974,600 5,980 83 06-0904-26-1-03-01-5001 RFG7864 1B 1A GALLATIN DRBOZEMAN, MT 59715 MILLS GEORGE R & COLLEEN A 1 GALLATIN DR UNIT A BOZEMAN MT 59718-1517 2201 398,171 5,375 $26,700.00 06-0904-26-1-03-01-5001 RFG7864 3501 246,429 644,600 3,327 84 06-0904-26-1-03-03-5002 RFG6715 1A 1B GALLATIN DRBOZEMAN, MT 59715 SATCHELL DANNY D & CATHERINE A TRUSTEES SATCHELL REV TRUST AGREEMENT 1 GALLATIN DR UNIT B BOZEMAN MT 59718-1517 2201 351,508 4,745 $26,700.0006-0904-26-1-03-03-5002 RFG6715 3501 347,292 698,800 4,688 85 06-0904-26-1-03-05-5001 RFG9073 2A1 2A GALLATIN DRBOZEMAN, MT 59715 PETERSON JOHN E & SYDNEY S 2 GALLATIN DR APT A BOZEMAN MT 59718-1515 2201 402,412 5,433 $26,700.0006-0904-26-1-03-05-5001 RFG9073 3501 386,288 788,700 5,215 86 06-0904-26-1-03-07-5002 RFG9074 2B1 2B GALLATIN DRBOZEMAN, MT 59715 RICHARDSON SALLY 2 GALLATIN DR APT B BOZEMAN MT 59718-1515 2201 351,508 4,745 $26,700.00 06-0904-26-1-03-07-5002 RFG9074 3501 279,492 631,000 3,773 87 06-0904-26-1-03-09-5003 RFG9075 2C1 2C GALLATIN DRBOZEMAN, MT 59715 PERLINSKI JAMEY P & KYLIE S 2 GALLATIN DR APT C BOZEMAN MT 59718-1515 2201 361,260 4,877 $26,700.0006-0904-26-1-03-09-5003 RFG9075 3501 318,540 679,800 4,300 88 06-0904-26-1-03-13-5001 RFG9077 3A2 3A GALLATIN DRBOZEMAN, MT 59715 NEATE TREVOR WARREN &THOMPSON PATRICIA SUE 3 GALLATIN DR APT A BOZEMAN MT 59718-1506 2201 385,001 5,198 $26,700.0006-0904-26-1-03-13-5001 RFG9077 3501 533,099 918,100 7,197 89 06-0904-26-1-03-15-5002 RFG9078 3B1 3B GALLATIN DRBOZEMAN, MT 59715 ONE MORE CAST LLC 1607 6TH ST CORONADO CA 92118-1949 2201 309,217 4,174 $26,700.00 06-0904-26-1-03-15-5002 RFG9078 3501 433,483 742,700 5,852 90 06-0904-26-1-03-17-5003 RFG9079 3C1 3C GALLATIN DRBOZEMAN, MT 59715 STINNETT DONNA F 1968 S COAST HWY # 879 LAGUNA BEACH CA 92651-3681 2201 360,674 4,869 $26,700.0006-0904-26-1-03-17-5003 RFG9079 3501 302,630 663,304 4,086 91 06-0904-26-1-03-19-5001 RFG9080 5A1 5A GALLATIN DRBOZEMAN, MT 59715 SWANK JERRY 4101 COCHRAN CHAPEL RD DALLAS TX 75209-1503 2201 371,865 5,020 $26,700.0006-0904-26-1-03-19-5001 RFG9080 3501 354,735 726,600 4,789 92 06-0904-26-1-03-21-5002 RFG9081 5B1 5B GALLATIN DRBOZEMAN, MT 59715 RIVENES JAMES S & NOEL S 9056 FIELDCREST COURT DALLAS TX 75238 2201 310,162 4,187 $26,700.00 06-0904-26-1-03-21-5002 RFG9081 3501 431,838 742,000 5,830 93 06-0904-26-1-03-23-5003 RFG9082 5C1 5C GALLATIN DRBOZEMAN, MT 59715 KAUFFMAN FAM TR AGR CREATED UNDER SUR TR KAUFFMAN DONALD J TRUSTEE 5 GALLATIN DR APT C BOZEMAN MT 59718-1503 2201 312,026 4,212 $26,700.0006-0904-26-1-03-23-5003 RFG9082 3501 430,474 742,500 5,811 94 06-0904-26-1-03-25-5004 RFG9083 5D1 5D GALLATIN DRBOZEMAN, MT 59715 AMENDE JANICE S 5 GALLATIN DR APT D BOZEMAN MT 59718-1503 2201 386,430 5,217 $26,700.0006-0904-26-1-03-25-5004 RFG9083 3501 352,870 739,300 4,764 06-0904-26-1-03-25-6500 RFG28590 RIVERSIDE COUNTRY CLUB INC 2500 SPRINGHILL RD BOZEMAN MT 59718-8466 2160 79,574 - 95 06-0904-26-1-03-27-5001 RFG9084 7A1 7A GALLATIN DRBOZEMAN, MT 59715 SCHLAUCH MICHAEL K & TRACY J 7 GALLATIN DR APT A BOZEMAN MT 59718-1502 2201 370,792 5,006 $26,700.00 06-0904-26-1-03-27-5001 RFG9084 3501 316,508 687,300 4,273 96 06-0904-26-1-03-29-5002 RFG9085 7B1 7B GALLATIN DRBOZEMAN, MT 59715 YAUK PHILIP J & REBECCA L 7 GALLATIN DR APT B BOZEMAN MT 59718-1502 2135 317,418 2,158 $26,700.0006-0904-26-1-03-29-5002 RFG9085 2201 - - 06-0904-26-1-03-29-5002 RFG9085 3140 32,582 222 06-0904-26-1-03-29-5002 RFG9085 3501 215,400 215,400 2,908 430 97 06-0904-26-1-03-31-5003 RFG9086 7C1 7C GALLATIN DRBOZEMAN, MT 59715 MARTIN SAMUEL K & BONNIE S TRUSTEES MARTIN SAMUEL K & BONNIE S REV TRUST 7 GALLATIN DRIVE UNIT C BOZEMAN MT 59718 2201 339,420 4,582 $26,700.00 06-0904-26-1-03-31-5003 RFG9086 3501 297,780 637,200 4,020 98 06-0904-26-1-03-33-5004 RFG9087 7D1 7D GALLATIN DRBOZEMAN, MT 59715 BUTLER FAM TR CREATED UDA BUTLER LIV TR BUTLER NINA M TRUSTEE 245 RAMONA PL CAMARILLO CA 93010-8406 2201 362,999 4,900 $26,700.00 06-0904-26-1-03-33-5004 RFG9087 3501 248,001 611,000 3,348 99 06-0904-26-1-03-35-5001 RFG9088 8A1 8A GALLATIN DRBOZEMAN, MT 59715 GILL PATRICK 8856 38TH AVE SW SEATTLE WA 98126-3619 2201 364,145 4,916 $26,700.0006-0904-26-1-03-35-5001 RFG9088 3501 332,830 696,975 4,493 100 06-0904-26-1-03-37-5002 RFG9089 8B1 8B GALLATIN DRBOZEMAN, MT 59715 MATTERN LAUREN E 8 GALLATIN DR APT B BOZEMAN MT 59718-1504 2201 319,153 4,309 $26,700.00 06-0904-26-1-03-37-5002 RFG9089 3501 234,447 553,600 3,165 101 06-0904-26-1-03-39-5003 RFG9090 8C1 8C GALLATIN DRBOZEMAN, MT 59715 VINES ROBERT & CATHERINE 29112 N 67TH ST CAVE CREEK AZ 85331-6513 2201 313,856 4,237 $26,700.00 06-0904-26-1-03-39-5003 RFG9090 3501 338,344 652,200 4,568 102 06-0904-26-1-03-41-5004 RFG9091 8D1 8D GALLATIN DRBOZEMAN, MT 59715 KENT HELEN E 8 GALLATIN DR APT D BOZEMAN MT 59718-1504 2201 374,504 5,056 $26,700.0006-0904-26-1-03-41-5004 RFG9091 3501 667,696 1,042,200 9,014 103 06-0904-26-1-04-15-5001 RFG9109 107A1 107A GALLATIN DRBOZEMAN, MT 59715 POLETTE LUELLA 107 GALLATIN DR APT A BOZEMAN MT 59718-9326 2201 453,675 6,125 $26,700.00 06-0904-26-1-04-15-5001 RFG9109 3501 301,970 755,645 4,077 104 06-0904-26-1-04-17-5002 RFG9110 107B1 107B GALLATIN DRBOZEMAN, MT 59715 HARRIS HEATHER SUE 155 SNOWY RIVER PL CLARKESVILLE GA 30523-2359 2201 380,672 5,139 $26,700.00 06-0904-26-1-04-17-5002 RFG9110 3501 370,028 750,700 4,995 105 06-0904-26-1-04-19-5003 RFG9111 107C1 107C GALLATIN DRBOZEMAN, MT 59715 GASKILL DAVID KELLEY & MARY JEAN 107 GALLATIN DR APT C BOZEMAN MT 59718-9326 2201 446,328 6,025 $26,700.0006-0904-26-1-04-19-5003 RFG9111 3501 360,472 806,800 4,866 106 06-0904-26-1-04-21-5001 RFG9540 109A 109A GALLATIN DRBOZEMAN, MT 59715 CLARK DENNIS 109 GALLATIN DR APT A BOZEMAN MT 59718-9382 2201 463,131 6,252 $26,700.0006-0904-26-1-04-21-5001 RFG9540 3501 218,269 681,400 2,947 107 06-0904-26-1-04-23-5002 RFG7352 109B 109B GALLATIN DRBOZEMAN, MT 59715 EAM PROPERTIES LLC 1015 N 3RD ST BISMARCK ND 58501-3584 2201 411,468 5,555 $26,700.00 06-0904-26-1-04-23-5002 RFG7352 3501 215,632 627,100 2,911 108 06-0904-26-1-04-25-5003 RFG8198 109C 109C GALLATIN DRBOZEMAN, MT 59715 ANDERSON HUNTER M & ELLIOTT J TRUSTEES ANDERSON JIM & GOLDSTEIN DIANE TRUST 11-109 GALLATIN DR APT C BOZEMAN MT 59718-9382 2201 404,203 5,457 $26,700.0006-0904-26-1-04-25-5003 RFG8198 3501 169,497 573,700 2,288 109 06-0904-26-1-04-27-5004 RFG8454 109D 109D GALLATIN DRBOZEMAN, MT 59715 109 GALLATIN LLC 34 MARIE CT BOZEMAN MT 59718-6618 2201 431,911 5,831 $26,700.0006-0904-26-1-04-27-5004 RFG8454 3501 535,889 967,800 7,235 110 06-0904-26-1-04-29-5001 RFG8631 1 110A GALLATIN DRBOZEMAN, MT 59715 RYBKA ROBERT W & ROSEMARY LYN HERVEY 17298 N 77TH ST SCOTTSDALE AZ 85255-5826 2201 431,911 5,831 $26,700.00 06-0904-26-1-04-29-5001 RFG8631 3501 396,789 828,700 5,357 111 06-0904-26-1-04-31-5002 RFG7681 2 110B GALLATIN DRBOZEMAN, MT 59715 LOBAUGH LESLIE L & MARILEE G 1125 SANDPIPE CIRCLE TITUSVILLE FL 32796 2201 371,309 5,013 $26,700.0006-0904-26-1-04-31-5002 RFG7681 3501 261,991 633,300 3,537 112 06-0904-26-1-04-33-5003 RFG8159 3 110C GALLATIN DRBOZEMAN, MT 59715 LOCKART CYNTHIA &OMAN TED 110 GALLATIN DR APT C BOZEMAN MT 59718-9398 2201 371,309 5,013 $26,700.0006-0904-26-1-04-33-5003 RFG8159 3501 255,791 627,100 3,453 113 06-0904-26-1-04-35-5004 RFG8577 4 110D GALLATIN DRBOZEMAN, MT 59715 MESSMER JOAN H DYK TERRY L & BENF 110 GALLATIN DR APT D BOZEMAN MT 59718-9398 2132 350,000 945 $26,700.00 06-0904-26-1-04-35-5004 RFG8577 2201 103,675 1,400 06-0904-26-1-04-35-5004 RFG8577 3137 - - 06-0904-26-1-04-35-5004 RFG8577 3501 222,740 326,415 3,007 114 06-0904-26-1-04-37-5001 RFG9112 121A1 111A GALLATIN DRBOZEMAN, MT 59715 MARSHALL PRYDE SHAUN 8652 S 19TH AVE BOZEMAN MT 59718-4156 2201 413,223 5,579 $26,700.0006-0904-26-1-04-37-5001 RFG9112 3501 482,777 896,000 6,517 115 06-0904-26-1-04-39-5002 RFG9113 121B1 111B GALLATIN DRBOZEMAN, MT 59715 SHAW WILLIAM C & PENNY J 111 GALLATIN DR APT B BOZEMAN MT 59718-9399 2201 371,309 5,013 $26,700.00 06-0904-26-1-04-39-5002 RFG9113 3501 266,191 637,500 3,594 116 06-0904-26-1-04-41-5003 RFG9114 121C1 111C GALLATIN DRBOZEMAN, MT 59715 JEPSON EDWARD B 111 GALLATIN DR APT C BOZEMAN MT 59718-9399 2201 393,496 5,312 $26,700.00 06-0904-26-1-04-41-5003 RFG9114 3501 308,004 701,500 4,158 117 06-0904-26-1-04-43-5004 RFG9115 121D1A 111D GALLATIN DRBOZEMAN, MT 59715 BULGER JAMES CHRISTOPHER &BULGER MARY ANN 111 GALLATIN DR APT D BOZEMAN MT 59718-9399 2201 433,421 5,851 $26,700.0006-0904-26-1-04-43-5004 RFG9115 3501 407,370 840,791 5,499 118 06-0904-26-1-04-45-5001 RFG9116 113A1 113A GALLATIN DRBOZEMAN, MT 59715 WILLCOX LINDA L 113 GALLATIN DR APT A BOZEMAN MT 59718-8750 2201 449,043 6,062 $26,700.00 06-0904-26-1-04-45-5001 RFG9116 3501 425,957 875,000 5,750 119 06-0904-26-1-04-47-5002 RFG9117 113B1 113B GALLATIN DRBOZEMAN, MT 59715 SISSON GARY ALLEN & CAROLE JEAN MCDONALD SISSON CAROLE JEAN MCDONALD REVOC LIV TR 113 GALLATIN DR APT B BOZEMAN MT 59718-8750 2201 421,667 5,693 $26,700.00 06-0904-26-1-04-47-5002 RFG9117 3501 276,533 698,200 3,733 120 06-0904-26-1-04-49-5003 RFG9118 113C1 113C GALLATIN DRBOZEMAN, MT 59715 STABRYLLA GREGORY CORTRIGHT JOANNE 113 GALLATIN DR APT C BOZEMAN MT 59718-8750 2201 418,353 5,648 $26,700.0006-0904-26-1-04-49-5003 RFG9118 3501 348,247 766,600 4,701 121 06-0904-26-1-04-51-5004 RFG9119 113D1 113D GALLATIN DRBOZEMAN, MT 59715 ERICKSON DENNIS & JACOLYN 113 GALLATIN DR APT D BOZEMAN MT 59718-8750 2201 440,022 5,940 $26,700.00 06-0904-26-1-04-51-5004 RFG9119 3501 321,378 761,400 4,339 122 06-0904-26-1-04-53-5001 RFG22263 114A1 114A GALLATIN DRBOZEMAN, MT 59715 BYBEE DAVID E &COOMBS POLLY A 114A GALLATIN DR BOZEMAN MT 59718-9330 2201 439,304 5,931 $26,700.00 06-0904-26-1-04-53-5001 RFG22263 3501 488,896 928,200 6,600 123 06-0904-26-1-04-55-5002 RFG9097 114B1 114B GALLATIN DRBOZEMAN, MT 59715 BLANKENBAKER RICHARD S & SUE P 114 GALLATIN DR APT B BOZEMAN MT 59718-9330 2201 400,413 5,406 $26,700.0006-0904-26-1-04-55-5002 RFG9097 3501 396,987 797,400 5,359 124 06-0904-26-1-04-57-5003 RFG9098 114C1 114C GALLATIN DRBOZEMAN, MT 59715 ZELL MICHAEL P & BONNIE M 114 GALLATIN DR APT C BOZEMAN MT 59718-9330 2201 430,384 5,810 $26,700.00 06-0904-26-1-04-57-5003 RFG9098 3501 313,916 744,300 4,238 125 06-0904-26-1-04-59-5001 RFG9099 116A1 116A GALLATIN DRBOZEMAN, MT 59715 SATHER THOMAS C & JACQUELINE J &SATHER BREET & EMILY 116 GALLATIN DR APT A BOZEMAN MT 59718-9313 2201 440,737 5,950 $26,700.00 06-0904-26-1-04-59-5001 RFG9099 3501 479,390 920,127 6,472 126 06-0904-26-1-04-61-5002 RFG9100 116B1 116B GALLATIN DRBOZEMAN, MT 59715 MCGRATH STEPHEN T & STEPHANIE 116 GALLATIN DR APT B BOZEMAN MT 59718-9313 2201 384,005 5,184 $26,700.0006-0904-26-1-04-61-5002 RFG9100 3501 513,595 897,600 6,934 127 06-0904-26-1-04-63-5003 RFG9101 116C1 116C GALLATIN DRBOZEMAN, MT 59715 COPELAND MICHAEL D & SUSAN 116 GALLATIN DR APT C BOZEMAN MT 59718-9313 2201 483,116 6,522 $26,700.00 06-0904-26-1-04-63-5003 RFG9101 3501 299,180 782,296 4,039 128 06-0904-26-1-05-01-0000 RFG7713 COS 3030 Tract 1 2500 SPRINGHILL RDMT RIVERSIDE COUNTRY CLUB INC Clubhouse 2500 SPRINGHILL RD BOZEMAN MT 59718-8466 6512 - - $320,400.00 06-0904-26-1-05-01-0000 RFG7713 2207 1,082,161 20,453 06-0904-26-1-05-01-0000 RFG7713 3507 4,805,655 5,887,816 90,827 06-0904-26-1-05-01-0000 RFG7713 3671 1,894,355 17,996 129 06-0904-26-4-20-01-0000 RFG9063 COS 674 RIVERSIDE COUNTRY CLUB INC Tennis Courts 2500 SPRINGHILL RD BOZEMAN MT 59718-8466 2207 485,246 9,171 $26,700.0006-0904-26-4-20-01-0000 RFG9063 3507 219,970 705,216 4,157 431 130 06-0904-23-4-07-01-0000 RFG83995 COS 3030 Tract 2 RIVERSIDE COUNTRY CLUB INC Maintenance Bldg 2500 SPRINGHILL RD BOZEMAN MT 59718-8466 2311 22,496 $26,700.00 06-0904-23-4-07-01-0000 RFG83995 3671 238,450 260,946 131 06-0904-23-4-07-45-0000 RFG83996 COS 3030 Tract 3 RIVERSIDE COUNTRY CLUB INC Hole 6 Restroom 2500 SPRINGHILL RD BOZEMAN MT 59718-8466 2311 449,600 449,600 $26,700.00 $3,791,400.00 1Does not include interest on special assessments. Special assessments will be payable in semiannual installments of principal and interest over a term of 20 years. Special assessments are delinquent if not paid by November 30 and May 31 of each year in which the special assessments are levied. It is expected that the first date on which special assessments will be due is November 30, 2025 or November 30, 2026, but may first be due on another date. 432 Owner: Bozeman MT, City of Solicitor: Bozeman MT, City of Bid Item Item Description Quantity Unit of Measure Unit Price Total Est. Price 101 Mobilization-Demobilization 1 LS $105,746.55 $105,746.55 102 Taxes, Bonds, Insurance 1 LS $45,319.95 $45,319.95 103 General Requirements 1 LS $90,639.90 $90,639.90 104 Install 6-inch HDPE Force Main Open Cut 3573 LF $80.00 $285,840.00 105 Install 10-inch HDPE Casing- HDD 421 LF $500.00 $210,500.00 106 Install 6-inch HDPE Force Main- HDD 274 LF $325.00 $89,050.00 107 Install 6-inch HDPE inside 10-inch HDPE Casing 421 LF $50.00 $21,050.00 108 6-inch HDPE Bends 7 EA $350.00 $2,450.00 109 6-inch Couplings 5 EA $350.00 $1,750.00 110 6" Plug Valves & Box 2 EA $3,000.00 $6,000.00 111 Force Main Air Relief Valves & MH 1 LS $20,000.00 $20,000.00 112 Tracer Wire Test Stations 9 EA $350.00 $3,150.00 113 Connect To Existing COB WRF manhole 1 LS $7,500.00 $7,500.00 114 Install 10" Gravity Sewer Main 52 LF $85.00 $4,420.00 115 48-inch Gravity Sewer Manholes 2 EA $6,000.00 $12,000.00 116 Underground Utility Crossings 13 EA $1,800.00 $23,400.00 117 Surface Restoration - Turf 3193 LF $10.00 $31,930.00 118 Surface Restoration - Asphalt 104 LF $100.00 $10,400.00 119 Surface Restoration - Gravel 276 LF $30.00 $8,280.00 120 Erosion Control 1 LS $7,500.00 $7,500.00 121 Traffic Control 1 LS $15,000.00 $15,000.00 122 Excavation, Dewatering, Site Work and Grading 1 LS $106,210.00 $106,210.00 123 Lift Station Wet Well, Lid, Hatch 1 LS $52,500.00 $52,500.00 124 Process Mech., Pumps, Control Panel, Pipe, Fittings and Equipment 1 LS $406,695.00 $406,695.00 125 Building Enclosure 1 LS $185,040.00 $185,040.00 126 Building Mechanical (HPV) 1 LS $101,000.00 $101,000.00 127 Process and Building Electrical 1 LS $356,770.04 $356,770.04 128 Instrumentation and Controls (SCADA) 1 LS $38,075.00 $38,075.00 129 Tree Removal 1 LS $15,000.00 $15,000.00 130 Water Main Drop 1 LS $12,000.00 $12,000.00 131 Landscaping Restoration 1 LS $10,000.00 $10,000.00 132 Dewatering, Pipeline 1 LS $50,000.00 $50,000.00 133 MDT Bond 1 LS $5,000.00 $5,000.00 Total Estimated Bid Price = $2,340,216.44 Estimated Construction Cost = $2,340,216.44 20% Contingency = $468,043.29 Total Budgetary Construction Cost Estimate = $2,808,259.73 Engineer's Estimate Exhibit C - Engineer's Opinion of Probable Cost City of Bozeman Riverside Force Main 433 10/30/2024 Applicant Entity: Project Title: State Revolving Fund Loans (SID)Other (SPECIFY)Local Contribution Total Grant Management $ - City Administration Costs $ 38,000 $ 38,000 Legal $ - Audit (REQUIRED) $ - Loan Reserve $ 189,566 $ 189,566 Bond Counsel $ 50,000 $ 50,000 Other (SPECIFY) $ - TOTAL ADMINISTRATION $ - $ 277,566 $ - $ - $ 277,566 Project Management Preliminary Engineering $ 148,832 $ 148,832 Prelim & Final Design $ 180,229 $ 180,229 $ - Bidding & Constr. Admin $ 172,000 $ 172,000 Construction Inspection $ 184,000 $ 184,000 $ - $ - Construction $ 2,340,216 $ 2,340,216 Contingency (REQUIRED ) $ 468,477 $ 468,477 Other $ - $ - Other (Utility Extensions) $ 20,000 $ 20,000 $ 3,791,320 TOTAL PROJECT BUDGET $ - $ 3,791,320 $ - $ - $ 3,513,754 WATER & SEWER INFRASTRUCTURE Project Budget City of Bozeman Riverside Lift Station and Force Main TOTAL ACTIVITY $ - $ 3,513,754 $ - $ - 434 DRAFT NOTICE OF PASSAGE OF RESOLUTION OF INTENTION TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 789 CITY OF BOZEMAN, MONTANA NOTICE IS HEREBY GIVEN that on November 19, 2024, the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), adopted Resolution No. 5647, a Resolution of Intention to Create Special Improvement District No. 789 (the “District”) for the purpose of undertaking certain sewer improvements on and relating to the Riverside Neighborhood and financing the costs thereof and incidental thereto through the issuance of special improvement district bonds secured by the City’s special improvement district revolving fund. A complete copy of Resolution No. 5647 is on file with the Bozeman City Clerk. Resolution No. 5647 more specifically describes the nature of the improvements, the boundaries and the area included in the District, and other matters pertaining thereto and further particulars. [The Resolution and accompanying exhibits may also be viewed on the City’s website at www.bozeman.net by following the steps provided: I want to button, view document center, Commission Documents, Resolutions, 2024 Resolutions, and by clicking on Resolution No. 5647.] The City proposes to undertake certain local improvements that provide a special benefit to certain property located in the City and Gallatin County, Montana. The Improvements consist of the design, engineering, and construction of certain sewer improvements in and serving the Riverside Neighborhood and related improvements (the “Improvements”). The total estimated costs of the Improvements and costs incidental thereto are $3,791,320. All of the costs of the Improvements and costs incidental thereto are to be paid from the special improvement district bonds. It is the intention of the Commission to create and establish in the City under Title 7, Chapter 12, Parts 41 and 42, MCA, as amended, the District for the purpose of financing the costs of the Improvements and paying costs incidental thereto, including costs associated with the sale and security of special improvement district bonds drawn on the District (the “Bonds”), the creation and administration of the District, and the funding of a deposit to the City’s Special Improvement District Revolving Fund (the “Revolving Fund”). The total estimated cost of the Improvements, including such incidental costs to be financed by the Bonds is up to $3,791,320. The Bonds are to be payable from special assessments to be levied against property in the District, which property will be specially benefited by the Improvements in an amount not less than $3,791,320. Subject to the limitations in Sect. 7-12-4222, MCA the general fund of the City may be used to provide loans to the Revolving Fund or a general tax levy may be imposed on all taxable property in the City to meet the financial requirements of the Revolving Fund. The costs of the Improvements will be assessed against the benefited properties in the District based on a residential equivalency methodology. Each lot, tract, or parcel in the District used or to be used for residential purposes shall be assessed an equal amount per lot, tract, and parcel. Four lots, tracts, or parcels in the District are used for nonresidential purposes and are attributable to Riverside Country Club and its golf course (collectively, the “Golf Course Properties”). Three 435 2 of the four Golf Course Properties are each deemed to be the equivalent of a property used or to be used for residential purposes. One Golf Course Property, the Clubhouse Tract, is deemed to be the equivalent of twelve residential lots, tracts, or parcels. As such, as described more particularly in Resolution No. 5647, it is estimated that each lot, tract, or parcel in the District subject to assessment would be assessed in the total principal amount of $26,700, except for the Clubhouse Tract, which would be assessed in the estimated total principal amount of $320,400. The foregoing dollar amounts are estimates only and are stated as total principal amounts; special assessments will be amortized over the term of the Bonds in semiannual installments of principal and interest at the prevailing interest rate. The special assessments for the costs of the Improvements shall be payable over a term not exceeding twenty (20) years, each in equal semiannual installments of principal, plus interest, or equal semiannual payments of principal and interest, as this Commission shall prescribe in the resolution authorizing the issuance of the Bonds. Property owners have the right to prepay assessments as provided by law. The estimated total principal amounts of special assessments against properties in the District are shown on the Exhibit B to Resolution No. 5647. Such amounts are estimates only and are exclusive of interest. In the event the District is created and the Bonds are issued, the special assessments levied against properties in the District will be stated as semiannual installments of principal and interest over a term of up to twenty (20) years. If an increase occurs in the number of benefited lots, tracts, or parcels within the boundaries of the District during the term of the Bonds, or the number of lots, tracts, or parcels used for nonresidential purposes increases or the existing nonresidential use changes materially, the Commission will recalculate the amount assessable to each lot, tract, or parcel; provided that the amount of the residential equivalent assessment does not increase. The recalculation will be based on the amount of the District’s outstanding principal of and interest on the Bonds for the current fiscal year in which the recalculation occurs. From and after creation of the District the lien of the special assessments to pay or finance the costs of the Improvements and incidental costs is not extinguished or diminished by the combination or consolidation of multiple lots, tracts, or parcels into fewer lots, tracts, or parcels; accordingly, the area consisting of the combined or consolidated lot, tract, or parcel or lots, tracts, or parcels will be assessed in an amount equal to the amount it would have been assessed had the combination or consolidation of lots, tracts, or parcels not occurred. On Tuesday, December 17, 2024, at [6:00 p.m.], in the Commission Room of City Hall, 121 North Rouse Avenue, Bozeman, Montana, the Commission will conduct a public hearing regarding adoption of Resolution No. 5648 creating the District and pass upon all written protests against the creation of the District, or the Improvements. Written protests against the proposed work or against the extent or creation of the District may be filed by any owner of real property within the proposed District whose property is liable to be assessed for the Improvements. A protest must be in writing, identify the property in the District owned by the protestor, and be signed by all the owners of the property. Such protests must be delivered to the City Clerk at City Hall, 121 North Rouse Avenue, Suite 200, Bozeman, Montana not later than 5:00 p.m., M.T. on Tuesday, December 10, 2024. 436 3 In recognition of needing the Improvements, numerous owners of properties in the Riverside Neighborhood petitioned for annexation of the Riverside Neighborhood into the City and the creation of the special improvement district to pay the costs of the Improvements. Such owners consented to and waived their right to protest against the creation of the special improvement district and the levy of special assessments. The City intends to give effect to such petitions, consents, and waivers. Further information regarding the proposed District or other matters in respect thereof may be obtained from Kellen Gamradt, PO Box 1230, Bozeman, Montana 59771 or by telephone at (406) [582-2283]. Dated this ___ day of November, 2024 BY ORDER OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA ______________________________________ Michael Maas City Clerk Legal Ad Publication Dates: November 23, 2024 November 30, 2024 437 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5653, Creation of Special Improvement Lighting District 790 North Central Master Plan MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5653 Creation of Special Improvement Lighting District 790 North Central Master Plan STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The Commission did on October22, 2024, adopt Commission Resolution No. 5652 Intent to Create Special Improvement Lighting District 790 North Central Master Plan as per MCA 7-12-4301. The property owner has been noticed of the public hearing on this date. Creating a lighting district is a requirement of final plat approval. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $158.62 per acre within the district or $875.04 annually for the entire district. Attachments: Resolution 5653-Creation of SILD 790.docx Report compiled on: September 24, 2024 438 Resolution 5653 Creation of Lighting District 790 Page 1 of #NUM_PAGES# RESOLUTION 5653 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 790 NORTH CENTRAL MASTER PLAN CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana to wit: Section 1 Passage of Resolution of Intention. This Commission, on October 22, 2024, adopted Resolution No. 5652 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 790 (North Central Master Plan) of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the creation and administration of the District. 439 Resolution 5653, Creation of SILD 790 Page 2 of #NUM_PAGES# Section 2 Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on November 19, 2024, this Commission approved the creation of the District and the making of the Improvements. The meeting of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”). Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. 440 Resolution 5653, Creation of SILD 790 Page 3 of #NUM_PAGES# Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 790 Fund (the “Fund”). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to pay costs of the Improvements. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of November, 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 441 Resolution 5653, Creation of SILD 790 Page 4 of #NUM_PAGES# CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5653 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 790 (NORTH CENTRAL MASTER PLAN); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on November 19, 2024 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof:______________________________________ _______________________________ ; voted against the same: _________________________; abstained from voting thereon: ________________ ; or were absent:__________________. WITNESS my hand officially this 19th day of November, 2024. __________________________________ MIKE MAAS City Clerk 442 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Resolution 5655, Creation of Special Improvement Lighting District 791 West Side Flats MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Commission Resolution No. 5655 Creation of Special Improvement Lighting District 791 West Side Flats STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The Commission did on October 22, 2024, adopt Commission Resolution No. 5654 Intent to Create Special Improvement Lighting District 791 West Side Flats as per MCA 7-12-4301. The property owner has been noticed of the public hearing on this date. Creating a lighting district is a requirement of final plat approval. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated power bills and schedule system maintenance. We will recover these costs by billing property owners each year on their City Assessment bill. It is estimated to cost $15.49 per acre within the district or $127.44 annually for the entire district. Attachments: Resolution 5655-Creation of SILD 791.doc Report compiled on: October 10, 2024 443 Page 1 of 4 RESOLUTION 5655 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 791 WEST SIDE FLATS CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana to wit: Section 1 Passage of Resolution of Intention. This Commission, on October 22, 2024, adopted Resolution No. 5654 (the “Resolution of Intention”), pursuant to which this Commission declared its intention to create a special lighting district, designated as Special Lighting District No. 791 (West Side Flats)ofthe City (the “District”), under Montana Code Annotated, Title 7,Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements described generally therein (the “Improvements”) and paying costs incidental thereto, including costs associated with the creation and administration of the District. Section 2 Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published, posted and mailed in all respects in accordance with law, and on November 19, 2024, this Commission approvedthe creation of the District and the making of the Improvements. The meeting 444 Resolution 5655, Creation of SILD 791 – WEST SIDE FLATS Page 2 of 4 of this Commission at which this resolution was adopted is the first regular meeting of the Commission following the expiration of the period ended 15 days after the first date of publication of the notice of passage of the Resolution of Intention (the “Protest Period”). Section 3 Protests. Within the Protest Period, no protests were filed with the City Clerk. Section 4 Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and conditions set forth inand otherwise in accordance with, the Resolution of Intention. The findings and determinations made in the Resolution of Intention are hereby ratified and confirmed. Section 5 Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all necessary schedules and resolutions for the levying of assessments in the District necessary to finance the Improvements and present such resolution to this Commission for adoption in conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October. The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final passage of such resolution deliver it to the City Treasurer. Section 6 Lighting District Fund Established. There is hereby created a fund to be known as the Special Lighting District No. 791 Fund (the “Fund”). All money derived from the collection of the assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to 445 Resolution 5655, Creation of SILD 791 – WEST SIDE FLATS Page 3 of 4 pay costs of the Improvements. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19 th day of November 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ________________________________________ ALEX NEWBY Deputy City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 446 Resolution 5655, Creation of SILD 791 – WEST SIDE FLATS Page 4 of 4 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. 5655 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 791 (WEST SIDE FLATS); CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BYTHE LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a meeting on November 19, 2024 and that the meeting was duly held by the City Commission and was attended throughout by a quorum, pursuant to call and notice of such meeting given as required by law; and that the Resolution has not as of the date hereof been amended or repealed. I further certify that, upon vote being taken on the Resolution at said meeting, the following Commissioners voted in favor thereof:______________________________________ _______________________________ ; voted against the same: _________________________; abstained from voting thereon: ________________ ; or were absent:__________________. WITNESS my hand officially this 19th day of November 2024. ___________________________________ ALEX NEWBY Deputy City Clerk 447 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Resolution 5657, Approving Prime Change Order 4 and Authorizing the City Manager to Sign Guaranteed Maximum Price Amendment 6 with Martel Construction, Inc. for the Construction of the Fire Station 2 Relocation Project MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Resolution 5657, Approving Prime Change Order 4 and Authorizing the City Manager to Sign Guaranteed Maximum Price Amendment 6 with Martel Construction, Inc. for the Construction of the Fire Station 2 Relocation Project STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On March 19, 2024 the City Commission approved Guaranteed Maximum Price Amendment #5 for the construction of the Fire Station #2 Relocation Project as a part of the General Construction / Construction Manager Agreement. This amendment contains provisions for altering the conditions of the agreement as authorized by the owner (City) resulting in an increase of $12,800 to the overall Guaranteed Maximum Price. Changes that will be addressed with this amendment include a number of modifications to the project as described in the attached Prime Change Order #4 document. While every reasonable attempt was made to include everything in the original project plans and specs, projects of this size and complexity require changes during construction. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The changes included in this request result in an increase of $12,800 to the overall Guaranteed Maximum Price to be covered using owner's contingency within the existing project budget as authorized by the City Commission. Attachments: Resolution 5657.pdf Prime Change Order #4.pdf 448 Bozeman Fire Station #2 - Guaranteed Maximum Price Amendment No. 6.pdf Report compiled on: October 18, 2024 449 Version April 2020 RESOLUTION 5657 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS, the City Commission did, on March 19, 2024, authorize Guaranteed Maximum Price (GMP) Amendment #5 for relocation and construction of Fire Station #2 with Martel Construction, Inc.; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations and modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alternates to GMP Amendment #6 for Construction of Fire Station #2, as contained in Prime Change Order #4, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature., to wit: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of November 2024. 450 Version April 2020 ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 451 March 20, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 019 Pricing Request No.PR 009 PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 019 Landscape Modifications REFERENCE: PR 009 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:6,485.00$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 452 Spreadsheet ReportPage 1BFS2 COR 024 - RFI #73 VRF System layout & changes3/26/2024 2:14 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Cost/UnitTotal Amount01-0000GENERAL REQUIREMENTS1Supervision2Superintendent5.00hr3330-0-66.67/hr3333 Supervision333/wk333Project Management4Project Manager - Procurement8.00hr533-0-66.67/hr5335Project Engineer - Submittals & Coordination8.00hr463----57.89/hr4636 Project Management996/wk996 GENERAL REQUIREMENTS1,330/ls1,33032-0000SITE IMPROVEMENTS7Landscaping8Landscaping - Subcontract1.00ls--638--638.00/ls6389Landscaping - Syn Lawn for Turf grass235.00SF--4,044--17.21/SF4,04410 Landscaping4,682/sf4,682 SITE IMPROVEMENTS4,6824,682Estimate TotalsDescriptionAmountTotalsHoursRateLabor1,33021.000hrsMaterialSubcontract4,682Equipment13.000hrsOther6,0126,012General Liability Insurance580.890%Gross Receipts Tax601.000%Bond460.750%Construction Fee3095.000%4736,485Total6,485453 P.O. Box 10242 Bozeman, MT 59719 (406) 587-3406 Landscaping Estimate Bozeman Fire station #2 landscape mod pr-09 2/8/2024Date Phone # CellEstimateE24 - 1023 Quantity Size Price Extension 1. Original Plans Item 90 Brown River Dredge yd -$220.00 -19800.00 245 Seed (includes labor & materials)sf -$0.50 -122.50 22 Shredded Cedar Wood Mulch, fabric and install yd -$160.00 -3520.00 -$23442.50Subtotal Quantity Size Price Extension 2. Revised Plans Item 112 Round River rock yd $170.00 19040.00 4 Clean Rock for turf yd $60.00 240.00 300 Geotextile Turf sf $0.25 75.00 1 Turf Prep $1500.00 1500.00 6500 Erosion Control Fabric sf $0.60 3900.00 1 Irrigation Changes -$675.00 -675.00 $24080.00Subtotal Quantity Size Price Extension Notes Item Seed Price does not change Does not included price of turf and installing turf Subtotal $637.50Grand Total Page 1 454 Location 575 W Kagy Blvd Bozeman, MT 59715 Proposal For Mike Wilkinson 1203 S Church St Bozeman, MT 59715 main: 4065868585 mobile: 4065706638 mwilkinson@martelconstruction.com This job requires a deposit of $2021.95 City of Bozeman Fire Station 2 Terms 50% Due Prior to Order Submittal ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT 1) SYNTipede 243 ST243 https://www.synlawn.com/product/syntipede-243/ Roll 1.1 15x20 300 SqFt $ 4.69 $ 1,407.00 2) Turf Freight - MT Turf Freight 1 Each $ 454.60 $ 454.60 3) Envirofill 16/30 - MT Envirofill 16/30 Microban® Topdressing - https://usgreentech.com/landscape/lawns/ 10 Each $ 41.98 $ 419.80 4) Service:SYNLawn MT Professional LandscapeInstallation Professional installation, in-season, including site prep, base work and materials which includes up to 4" of aggregate base. Additional removal or addition of aggregate material may be subject to additional charges. 235 SqFt $ 7.50 $ 1,762.50 Client Notes Added 4 ft to the turf to meet the minimum length requirement. Proposal #1084 Created: 12/12/2023 From: Zach Sayre SYNLawn Mountain West | SYNLawn.com | SYNLawn SD (605) 309-5296 | SYNLawn WY (307) 219-5296 | SYNLawn MT (406) 506-5296 | mworders@synlawn.com Page 1 of 2455 Photos $ 4,043.90 $ 0.00 $ 4,043.90 $ 2,021.95 All work will be completed in accordance with these plans unless subsequent changes are agreed upon in writing. Balances not paid by the due date are subject to late fees. If a deposit is noted, this will be required prior to placing an order for materials and scheduling work. Signature Please sign here to accept the terms and conditions SUBTOTAL SALES TAX TOTAL DEPOSIT AMOUNT (50.0%) Date:x Tami DeBoer Office: (605) 390-2044 Mobile: (605) 390-2044 tami.deboer@synlawn.com Assigned To Zach Sayre Office: (406) 577-9882 zach.sayre@synlawn.com Sales Representative Proposal #1084 Created: 12/12/2023 From: Zach Sayre SYNLawn Mountain West | SYNLawn.com | SYNLawn SD (605) 309-5296 | SYNLawn WY (307) 219-5296 | SYNLawn MT (406) 506-5296 | mworders@synlawn.com Page 2 of 2456 TERMS AND CONDITIONS OF SALE ACCEPTANCE: The Distributor’s sale to Customer is limited to and expressly made conditional on Customer’s assent to the terms and conditions of sale contained herein, which supersede and reject all prior agreements, representations, discussions or negotiations, whether written or oral, with respect hereto and any conflicting terms and conditions contained in any purchase order or other writing by Customer, regardless of whether Customer purchases products through any media means, including but not limited to written purchase orders, electronic orders EDI, acknowledgments, confirmations, or other writings from Customer. Buyer’s request for delivery of materials constitutes an acceptance of these terms. PRICE: All prices are subject to change or withdrawal without notice and all shipments will be at prices in effect on the date of shipment. Unless otherwise specified or required by law, all prices will be quoted and billed exclusive of all state and local sales taxes, value added tax, import/export charges, taxes and fees related to the production, sale or delivery of material or products provided by Distributor. All such taxes, charges, and fees, where applicable, shall appear as a separate and additional item on the invoice and the Customer is solely responsible for payment of such charges. TRANSPORTATION AND DELIVERY: All sales are F.O.B. point of shipment. All costs of transportation, insurance and other related expenses are the sole responsibility of Customer unless otherwise agreed to in writing by Distributor. Shipment shall normally be made by the method and carrier Customer requests. If Distributor does not agree to Customer’s request, Distributor shall ship by the method that it deems appropriate in its sole discretion. Any claim for Freight Collect and Third-Party shipments for lost, damaged, stolen or otherwise imperiled goods during shipment are the Customer’s sole responsibility and shall be made by the Customer. Claims for ‘Prepaid’ shipments must be filed with the Carrier through Distributor. Distributor shall not be liable, directly, or indirectly, for any delivery that is delayed or fails for any reason, including, without limitation, labor difficulties, shortages, strikes or stoppages of any sort, acts of God, civil insurrection, wars, riots, strikes, terrorist acts, embargoes, fires or other casualties, or any other causes beyond Distributor’s control. TERMS OF PAYMENT: All sums due shall be paid in U. S. Dollars. For payments made from outside the United States, Customer shall be solely responsible for obtaining any governmental approval and taking any action to permit Customer to pay in U. S. Dollars. Payment(s) on shipments released on open account are subject to payment terms established by Distributor’s credit department and as stated on the face of any invoice, (Rev: 3/2023 1 457 if at all. No anticipation discount shall be allowed. All shipments are subject to credit arrangements satisfactory to the Distributor, and it reserves the right, at any time, to suspend credit or to change credit terms provided herein, when, in its sole opinion, the Customer’s financial condition so warrants. Any payment not made when due shall accrue interest at the rate of 1.5% per month, or the maximum rate allowed by South Dakota law, beginning on the date such payment becomes past due, and continuing thereafter until paid in full. The customer shall pay all costs, including accounting and attorneys’ fees, which Distributor incurs in collecting any past due amounts. Failure of Customer to make payment according to authorized credit terms shall entitle Distributor to suspend deliveries and/or terminate the sale agreement or future purchases. SPECIFICATIONS: Except in particulars expressly agreed in writing by the Distributor, all products shall be manufactured in accordance with the manufacturer’s specifications. Specifications are subject to change or withdrawal without notice and are subject to normal manufacturing tolerances. Distributors reserves the right to substitute or change raw materials to improve quality and/or performance in its sole discretion. Distributor reserves the right to discontinue any products without notice. It is the responsibility of the Customer to ensure final plan complies with any applicable Codes, Covenants, and Restrictions in accordance with HOA and other governing bodies and to obtain any approvals before installation. 5 YEAR WORKMANSHIP LIMITED WARRANTY: The warranty for the SYNLawn Mountain West Artificial Grass Installation (“the Surfacing”) covered under these terms and conditions is five (5) years beginning from the date of purchase. This warranty is against defects in workmanship and is effective only if the products have been properly (1) selected and are used in accordance with their normal intended use by the end user and (2) professionally installed and maintained, and (3) only touched or reviewed by a SYNLawn distributor. In the event any of the Products sold by Distributor to Customer are defective, Distributor’s sole responsibility shall be to repair or replace the non-conforming Products. Customer shall make no other warranty to any third party on Distributor’s behalf except as set forth herein above, Distributor makes no warranty of merchantability or fitness for a particular purpose, and any warranties expressed or implied, except the warranties expressly stated herein, are excluded. In no event shall the Distributor be liable to the Customer or any third-party purchaser for incidental or consequential damages, including without limitation, damages for loss of profit or contemplated use. The distributor warrants the synthetic turf installed for five years commencing from the beginning date of purchase. This limited warranty includes only the Distributor’s obligation to repair or replace, at the distributor’s discretion, for defective workmanship in surfacing that has failed during warranty period. A failure in the surfacing includes loose edges, seam failure and release from nailer boards. Distributor is under no obligation or responsibility to repair and/ or replace the surfacing if damaged by vandalism (including (Rev: 3/2023 2 458 cuts, burns, gouges, etc.), misuse, abuse or alteration, improper subsurface design or construction, improper drainage, improper lack of maintenance, any foreign residue that may be deposited on the surface, normal wear and tear, damage from sharp objects (high heels, spikes, etc.) or acts of God. All warranty claims shall be made in writing to Distributor within ten (10) days after Owner has knowledge thereof, but in no event later than ten (10) days after expiration of the warranty. Written notice shall include the date of discovery of failure, description of the failure, photos of the failure and a request for a warranty claim meeting with Distributor. Distributor shall not be responsible for warranty claims if Owner fails to provide written notice within ten (10) days of discovery of the failure. Distributor shall determine the validity of all warranty claims after sufficient evidence has been gathered and then decide to repair or replace the defective area. Failure to pay for the surfacing within the agreed upon terms shall void this limited warranty. LIMITED SUBSURFACE: The limited warranty does not include the subsurface (existing surface, existing or new aggregate, existing or new concrete or existing or new asphalt) if completed by anyone other than the Distributor. If the subsurface installed fails for any reason whatsoever (including hydrostatic pressure, cracking, shifting, heaving, or settling), this limited warranty shall be rendered invalid. The owner agrees that it will not, under any circumstances, make alterations to the subsurface or surfacing without the written authorization of the Distributor. Any unauthorized alterations by the Owner shall immediately void this limited warranty and should give rise to the duty of the Owner to hold harmless, defend and indemnify Distributor from any claim, suit or cause of action, personal injury, death or property damage arising out of or related to said alteration. Owner agrees that in no event shall Distributor have any liability to Owner for loss of use or loss of profits or any form of consequential damages. PRODUCT: The following chemicals can damage the surfacing and should be avoided: concentrated chlorine bleach, gasoline, diesel fuel, hydraulic and lubricating oils, acids and organic solvents. Products sold as other than “first quality” such as promotional goods and seconds are sold “AS IS” without warranty of any kind, and no claims will be considered for such goods. This warranty is not transferable and may not be used as a part of the basis for the bargain between Customer and its purchaser. CLAIMS: Claims must be made in accordance with our Claims Policy. Contact Distributor for a copy of Claims Policy. Claims against Distributor’s performance warranties must be filed in accordance with the specific warranty. Distributor’s claim forms must be used. Claims must identify invoice number and date, style number and color, roll number, yardage involved, alleged defect and location of product. Customer’s exclusive remedy for defective products shall be limited, at Distributor’s option, to repair, replacement or credit for all or an equitable portion of the amount(s) Customer paid to Distributor. Distributor (Rev: 3/2023 3 459 reserves the right to select the method of the adjustment and to make a usage charge for installed Product. REFUNDS AND RETURNS: No refunds, returns, or cancellations on cut rolls or special-order products, including accessories. Clean, unaltered, uninstalled full rolls must be returned within 30 days. A 20% restocking fee will be incurred on all returned products. All material must be paid in full before receiving all COD accounts. The customer is responsible for inspecting the product for defects, correct style, and desired color before installing or altering it. Failure to do so voids warranty and replacement. No refunds or returns on any products after 30 days of purchase. All products must be picked up within 7 days of placing the order and after 7 days storage fees may apply. ENTIRE AGREEMENT: These terms and conditions represent the entire agreement with respect to the terms and conditions of sale. No modification of these terms and conditions shall be binding upon Distributor unless made in writing and signed by a duly authorized agent of Distributor. WAIVER: A waiver by Distributor of any breach or default by Customer of any of these terms and conditions shall not be deemed to be a continuing waiver or a waiver of any other breach or default of any other term or condition but shall apply solely to the instance for which the waiver is directed. APPLICABLE LAW AND JURISDICTION: The construction and enforceability of this agreement shall be governed and controlled by the laws of the State of South Dakota. Any suit or proceeding relating to this agreement shall be brought in the courts, state and federal, located in or having jurisdiction over Pennington County, South Dakota. The parties hereby consent to the exclusive personal jurisdiction and venue of the courts, state and federal, located or having jurisdiction over Pennington County, South Dakota. (Rev: 3/2023 4 460 April 3, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 024 R1 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 024 RFI #73 VRF System layout & changes REFERENCE: RFI 073 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:$4,129.00 We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 461 Spreadsheet Report Page 1 BFS2 COR 024 - RFI #73 VRF System layout & changes 4/3/2024 10:36 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Cost/Unit Total Amount 26-0000 ELECTRICAL1 Electrical2 Division 16 Complete ls --3,828 --/ls 3,8283 Electrical 3,828 /sf 3,828 ELECTRICAL 3,828 /sf 3,828 Estimate Totals Description Amount Totals Hours Rate Labor Material Subcontract 3,828 Equipment Other 3,828 3,828 General Liability Insurance 37 0.890 % Gross Receipts Tax 38 1.000 %Bond 29 0.750 %Construction Fee 197 5.000 %301 4,129Total4,129 462 Change Proposal No.Date of Proposal Description of Work Labor Breakdown (use additional sheets if necessary) # of People Hours Labor Rate/Hr Labor Amount Total from other sheets: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Total Labor Costs: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Material Breakdown (use additional sheets if necessary) Material Description Quantity Unit Unit Cost Material Amounts Total from other sheets: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Subtotal Material Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Sales Tax  0% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Total Material Costs: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Other Direct Costs (Subcontractors, Equipmnet, Travel, etc.) Description Quantity Unit Unit Cost Other Cost Amounts Total from other sheets: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Total Other Direct Costs: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 1. Total Labor Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 2. Total Material Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 3. Total Other Direct Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 4. Total Labor, Material & Other Direct Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 5. Profit & Overhead (15%) of Line 1 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 6. Profit & Overhead (15%) of Line 2 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7. Profit & Overhead (15%) of Line 3 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 8. Total Change Proposal Costs (lines 4, 5, 6 & 7) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Contractor's Name: ______________________________________________ Signed By: __________________________________ Change Proposal Labor Classification 24 3/27/20 SCOR 024 - RFI #73 VRF System layout & changes $0.00 Labor 1 33.00 $90.00 $2,970.00 $0.00 $0.00 $0.00 $2,970.00 ½ emt 100 $0.72 $72.00 ½ emt fitting 32 $0.31 $9.92 4 square boxes 14 $2.16 $30.24 RS covers 14 $2.88 $40.32 20 amp switches 14 $3.08 $43.12 #12 thhn 360 $0.17 $61.20 12-2 mc cable 84 $0.73 $61.32 $318.12 1.00%$3.18 $321.30 MATERIALS CONTINUED $0.00 mc connectors 28 $1.32 $36.96 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $36.96 $2,970.00 $321.30 $36.96 $3,328.26 15.00%$445.50 15.00%$48.20 15.00%$5.54 $3,827.50 Slate Electrical 463 June 24, 2024City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 029 Pricing Request No.PR 014 PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 029 PR 014 Add data drop at EMS REFERENCE: PR014 Dear : Jon Henderson,We propose to provide all labor, materials, and equipment required toperform the above mentioned work. Our lump sum quotation is basedon our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in anyway (omissions, etc.) please advise us.Other wise, our interpretation shall stand as correct.We have not been directed to proceed with the work per the terms of the contract.We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0calendar days for a time extensionPlease note this proposal is valid for (10) calendar days from this date andour proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:$521.00We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project ManagerJon Henderson - Strategic Services DirectorEnclosure(s)Estimate PDF CC.File464 Martel ConstructionSpreadsheet ReportPage 1BFS2 COR 029 PR 14 ADD Data to EMS STOR 1246/25/2024 3:44 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount27-0000COMMUNICATIONS1Communications2Comm Data - PR 14 ADD Data to EMS STOR1241.00ls--482--4823 Communications482482 COMMUNICATIONS482482Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract482EquipmentOther482482General Liability Insurance50.890%Gross Receipts Tax51.000%Bond40.750%Construction Fee255.000%39521Total521465 Estimate Date 2/27/2024 Estimate # 74748 Name / Address Martel Construction, Inc. 1203 S Church Ave. Bozeman, MT 59715 CompuSource, Inc. 411 East Birch St. Bozeman, MT 59715 Job Name PR 014 Terms Net 30 Project Bozeman Fire Statio... Signature Phone # 4065871616 Fax #Web Site www.compusourcenow.com Total Item Description Qty Rate Total Martel Construction : Bozeman Fire Station #2 ; PR 14 labor labor 3.50 85.00 297.50 CJ688TG** Panduit Cat 6 jack 4.00 9.15 36.60 CAT 6 4 PR PLE... CAT 6 Genspeed 6000 Mid grade Plenum 300.00 0.4375 131.25 CFPL4SY 4 PORT SINGLE GANG STAINLESS STEEL FACEPLATE WITH LABELS 1.00 11.90 11.90 MISC MISCELLANEOUS, labels, ties, Velcro... 1.00 5.00 5.00 _____________________________________ $482.25 466 March 21, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 031 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 031 RFI #80 Fire Fighter Work Area Ceilings Elevation REFERENCE: RFI 080 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:3,004.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 467 Spreadsheet ReportPage 1BFS2 COR 024 - RFI #73 VRF System layout & changes3/21/2024 3:34 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Cost/UnitTotal Amount01-0000GENERAL REQUIREMENTS1Supervision2Superintendent6.00hr4000-0-66.67/hr4003 Supervision400/wk400 GENERAL REQUIREMENTS400/ls40006-0000WOOD & PLASTICS4Fascia & Soffit Framing52x4 Soffit Framing122.00bf1,55366---13.27/bf1,6196 Fascia & Soffit Framing1,55366/bf1,619 WOOD & PLASTICS1,55366/sf1,61909-0000FINISHES7Gypsum Board85/8 Drywall Hang, Taping & Finishing168.00sf--430--2.56/sf4309 Gypsum Board430/sf430Paint Finishes10Interior Painting168.00sf--336--2.00/sf33611 Paint Finishes336/sf336 FINISHES766/sf766Estimate TotalsDescriptionAmountTotalsHoursRateLabor1,95338.000hrsMaterial66Subcontract766Equipment6.000hrsOther2,7852,785General Liability Insurance270.890%Gross Receipts Tax281.000%Bond210.750%Construction Fee1435.000%2193,004Total3,004468 469 4524 Tacoma Ave , Sumner, Washington, 98390 T:253-863-0660 Fax: 253-863-0662 Run on:March 21, 2024 9:41 AM http://www.sesslerinc.com Rate 65.00 65.00 Total $65.00 $195.00 Total Hrs 1.00 3.00 $260.00Total Labor Labor $348.70Subtotal for Detail Description: $88.70Material Total: $260.00Labor Total: $12.66Equipment Total: $13.00Misc. Total: $430.00Total: $55.64 14.86%Mark Up: $0.00Sub Trade Total: $0.00Cleanup Total: GYPSUM WALLBOARD HANGING GYPSUM WALLBOARD FINISHING Unit Price Total GWB 5/8" Type "X" (Toughrock) Beadex Super Wide Corner Bead HAMILTON ALL PURPOSE LIGHT RED (1 BOX) $49.92 $5.80 $32.98 Quantity 2.00 2.00 2.00 SHT PCS EA UOM 4X12 10' 1 BOX Size SQFT LF EA .52 .29 16.49 $88.70Total Material Material To: CO-02434 Feb 26, 2024Date Job #24003 Martel Construction 1203 South Church Avenue Project:Bozeman Fire Station #2 Bozeman, MT 59715 575 West Kagy Blvd Bozeman, MT 59715 External/RCO# REQUEST FOR CHANGE ORDER Ref.# Total Total SMALL TOOLS 3% SAFETY 2% EQUIPMENT RENTAL 3.5% $7.80 $5.20 $12.66 $13.00 $12.66 Total Miscellaneous Charges Total Other Equipment Charges Total Miscellaneous Charges Total Other Equipment Charges $374.36Sub Total: RFI 80 - Added GWB soffit Sub's Comments: This proposal is priced with the understanding that all Framing and GWB will be installed and firetaped prior to Mechanical and Electrical work, if applicable. Any existing Mechanical and Electrical items must be removed before this extra work begins. If this work proceeds in a sequence other than defined above, there will be additional impact and other costs to the extra work and potentially the original contract work, as well as a possible impact to the schedule necessitating the need for a further time extension. This proposal does not include any amount for changes in the sequence of work, delays, disruptions, rescheduling, extended home office overhead, schedule acceleration, and / or impact costs. The right is expressly reserved to make claim for any or all of these and related items of cost, in accordance with the provisions of the Contract, prior to the final settlement of this Contract. Sessler reserves and does not waive all of its rights regarding prior notices and claims. A notice to proceed, a CCD or a signed change order for this work will indicate acceptance of the above pricing and conditions. This additional work will extend durations at this area of the building. The additional work may affect the critical path. ALL ALL ALL SubSection SubSection ALL ALL GC Ref# Page 1 of 1 470 T& L Painting * Commercial & Industrial Painting * Dustless Sandblasting 509 Colorado Ave. NW Great Falls, MT 59404 Phone: 406-771-7919 Since 1990 Fax: 406-454-0567 To:Martel Attn:Mike Wilkinson Date of Proposal: Change Request No: mwilkinson@martelconstruction.com Phone:406-586-8585 Job Name: Bozeman Fire Station 2 Cell: Quantity Unit $/Unit Total 168 SF 2.00$ $336.00 $336.00 Submitted By:Matt Pancich Date: Approved By:Date Prime and Paint Soffit RFI 80 CHANGE ORDER PROPOSAL 3/13/2024 1 Description of Change Order Request: Description Changes: Prime and Paint Soffit This change order becomes part of and in conformance with existing contract. TOTAL PROPOSED CHANGE ORDER COSTS Notes or Remarks: Your immediate attention is required. Please sign and return to T&L Painting. Thank you. 3/13/2024 471 July 15, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 034 R1 Pricing Request No.RFI 095 PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 034 RFI 095 Hose Reels & Domestic Water Supply at App Bay REFERENCE: RFI 095 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:4,173.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 472 Martel ConstructionSpreadsheet ReportPage 1BFS2 COR 034 - RFI 095 Hose Reels & Domestic Water Supply at App Bay7/15/2024 7:46 AMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount22-0000PLUMBING1Plumbing Fixtures2Plumbing Hose Reel for Boot Wash Station1.00ea--4,618--4,6183Plumbing Fixtures & Equipment - Credit for RedPaint vs SS1.00ea--(750)--(750)4 Plumbing Fixtures3,8683,868 PLUMBING3,8683,868Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract3,868EquipmentOther3,8683,868General Liability Insurance370.890%Gross Receipts Tax391.000%Bond300.750%Construction Fee1995.000%3054,173Total4,173473 Material/Labor Direct Costs Qty Material Unit Price Material Cost Labor Hrs Labor Rate/Hr Labor Cost Add New T&S Brass Hose Real1 $3,269 $3,268.825 $125.00 $625.000 $0 $0.00 $125.00 $0.000 $0 $0.00 $125.00 $0.000 $0 $0.00 $125.00 $0.000 $0 $0.00 $125.00 $0.000 $0 $0.00 $125.00 $0.000 $0 $0.00 $125.00 $0.00 Misc. Plumbing Materials $163.44 $0.00 $125.00 $0.00 $0.00 $125.00 $0.00 $0.00 $125.00 $0.00 $0.00 $125.00 $0.00 Misc. Sheet Metal Materials $0.00 $0.00 $120.00 $0.00 $0.00 $120.00 $0.00 $0.00 $120.00 $0.00 Misc. Sheet Metal Materials $0.00 $3,432.26 $625.00 $135.00 $0.00 $135.00 $0.00 $135.00 $0.00 $0.00 SUMMARY Materials (detail above)$3,432.26 Equipment Rent- Subsistence- Lodging Costs- Mileage (Total Miles X $1.25)- Subtotal $3,432.26 $514.84 Labor (detail above)$625.00 Subcontractors: $0.00- - - $0.00 Bond (If Applicable)$0.00n CGR 1% State Tax (If Applicable)$45.72y TOTAL AMOUNT DUE $4,617.82 Sheet Metal Shop Fabrication: Sheet Metal: BOZEMAN WORK MOD / SMALL PROJECT PRICING WORKSHEET Job Name: 23-4072 Bozeman Fire Station #2 Description: Hose Reel Add Per RFI #95 Date: 6/5/24 Plumbing: Supervision: Plumbing Supervision Sheet Metal Supervision Total Material/Labor Direct Costs Subcontractors with 10% Overhead & Profit PM Time Total Supervision 15% Overhead & Profit Comm. Drive/Bid Prep forms/Change Order Worksheet 474 Body Behind Panel. Front TriggerMV-2522-24 Water Gun 1/2" NPT Female Inlet Cabinet Rough-In Requirement:20 1/4" H x 14 1/4" W x 5" D Operable From Outside of Closed Cabinet 019652-40 2" [51mm] Flange, 3/8" NPTLive Swivel Main Shutoff Valve Swivel Elbow w/ B-0109-01 6" Wall Bracket 2" [51mm] Closed 2 3/8" [60mm] Open 23 9/16" 599mm EasyInstallWall MountSwing BracketMounting Holes90mm 5 9/16" 142mm 3 9/16" 1/2" 13mm B-7142-05Hose Reel w/ Spray Valve4" Holes Cutout 102mm 57mm (3)2 1/4" 13 11/16" 347mm 2 1/16" 52mm Cutout 4" 102mm Cutout 2 5/8" 67mm EasyInstallVacuum Breaker w/ Quick Disconnect Integral Check valve Connector Flexible Water 3/8" x 18" Riser Thermometer 1/2" NPTFemale Outlet Cabinet Door (Closes Flush) 3/8" NPT x 36" 1/2" NPTFemale Inlets B-0963Continuous Pressure Stainless Steel 102mm 4" 102mm 4" 16" 407mm 21 3/4" 553mm B-2339-LRControl Cabinetw/ Dual CheckValves 1:16 Job Name Product Specifications: Scale: Model No. Item No. T&S BRASS AND BRONZE WORKS, INC. 10/28/19JRM 2 Saddleback Cove / P.O. Box 1088 Rinse Control Cabinet w/ Control Valve, Dual Check Valves, Thermometer Stainless Steel Hose Reel w/ 50' Hose, High Flow Water Gun w/ Swivel, Customer/Wholesaler______________________________ Model Specified_____________________ Quantity______ and Water Hammer Arrestor, 100 Degree EasyInstall Stainless Steel Swing Travelers Rest, SC 29690 Date: Bracket w/ Mounting Hardware & Hose Reel Connector Kit __________________________Date_________ B-7142-U05WS5 Contractor_______________________________________ 21ofSheet: Architect/Engineer_________________________________ Checked:Drawn: Approved:KJG JHB Travelers Rest, SC: 800-476-4103 • Simi Valley, CA: 800-423-0150 • Fax: 864-834-3518 • www.tsbrass.com This Space for Architect/Engineer Approval Product Compliance: NSF 61 Exempt (Non-Potable)ASSE 1024 (VB)ASSE 1010 (Arrestor)2019 DOE PRSV Non-CompliantASSE 1056 (VB) (HR-1) SPRAYDOWN HOSE REEL T&S Brass page 82 of 513475 10 11 16 1 14 13 15 17 7 4 3 2 5 6 7 8 9 7 12 ITEM NO.SALES NO. DESCRIPTION 1 B-2339-LR Reel Control Cabinet w/ Control Valve, Dual Check Valves & Thermometer 2 014200-45 Star Washer, Anti-Rotation 3 001065-45 O-Ring 4EZ-KEasyInstall Kit: Nut, Bushing, O-Ring & Lock Washer 5 0RK-SK Hose Reel Connector Kit 6 B-0109-01 6" Wall Bracket 7 001359-40 Hex Bushing, 1/2" NPT Male x 3/8" NPT Female 8 B-0963 Vacuum Breaker 1/2" NPT Female 9 015073-40 Check Valve w/ 1/2" NPT Adapter 10 HW-2B-36 3/8" NPT x 36" Flexible Water Hose 11 AW-5B 3/8" NPT Quick Disconnect 12 002535-25 3/8" Close Nipple 13 G019430-45 EasyInstall Hose Reel StainlessSteel Swing Bracket 14 019191-45K Hose Reel Mounting Kit 15 B-7142-05 Open Stainless Steel Reel w/ 50" of 3/8" Hose w/ Front Trigger Water Gun 16 019652-40 3/8" NPT Live Swivel 17 MV-2522-24 Stainless Steel Water Gun, Front Trigger 10/28/19 Scale: Model No. Item No. T&S BRASS AND BRONZE WORKS, INC. Travelers Rest, SC: 800-476-4103 • Simi Valley, CA: 800-423-0150 • Fax: 864-834-3518 • www.tsbrass.com JRM ASSE 1010 (Arrestor) B-7142-U05WS5 Bracket w/ Mounting Hardware & Hose Reel Connector Kit Travelers Rest, SC 29690 ASSE 1024 (VB) 2019 DOE PRSV Non-Compliant Date: 2 Saddleback Cove / P.O. Box 1088 Checked:NTS ASSE 1056 (VB) 2of2Sheet:JHBKJGApproved:Drawn: Product Compliance: NSF 61 Exempt (Non-Potable)Stainless Steel Hose Reel w/ 50' Hose, High Flow Water Gun w/ Swivel, Rinse Control Cabinet w/ Control Valve, Dual Check Valves, Thermometer and Water Hammer Arrestor, 100 Degree EasyInstall Stainless Steel Swing Product Specifications: (HR-1) SPRAYDOWN HOSE REEL T&S Brass page 83 of 513476 July 11, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 035 Pricing Request No.RFI 097 PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 035 RFI 097 Johnson Controls Panel Power REFERENCE: RFI 095 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:4,248.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 477 Martel ConstructionSpreadsheet ReportPage 1BFS2 COR 035 RFI 097 Temperature Control Power7/11/2024 2:37 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount26-0000ELECTRICAL1Electrical2Add 4 Circuts - RFI 97 Johnson Controls PanelPower1.00ls--3,939--3,9393 Electrical3,9393,939 ELECTRICAL3,9393,939Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract3,939EquipmentOther3,9393,939General Liability Insurance380.890%Gross Receipts Tax391.000%Bond300.750%Construction Fee2025.000%3094,248Total4,248478 Change Proposal No.Date of Proposal Description of Work Labor Breakdown (use additional sheets if necessary) # of People Hours Labor Rate/Hr Labor Amount Total from other sheets: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Total Labor Costs: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Material Breakdown (use additional sheets if necessary) Material Description Quantity Unit Unit Cost Material Amounts Total from other sheets: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Subtotal Material Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Sales Tax  0% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Total Material Costs: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Other Direct Costs (Subcontractors, Equipmnet, Travel, etc.) Description Quantity Unit Unit Cost Other Cost Amounts Total from other sheets: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Total Other Direct Costs: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 1. Total Labor Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 2. Total Material Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 3. Total Other Direct Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 4. Total Labor, Material & Other Direct Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 5. Profit & Overhead (15%) of Line 1 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 6. Profit & Overhead (15%) of Line 2 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7. Profit & Overhead (15%) of Line 3 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 8. Total Change Proposal Costs (lines 4, 5, 6 & 7) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Contractor's Name: ______________________________________________ Signed By: __________________________________ Change Proposal Labor Classification 479 Description: Martel Change order 1 Quote #2086379 Updated On: 06/25/2024 Company Name: Slate Electrical Billing Address: Slate Electrical (427124) 3210 Canyon Ferry Rd Unit 1 East Helena, MT 59635-3027 Created Date: 6/25/24 Shipping Address: 3210 Canyon Ferry Rd Unit 1 East Helena, MT 59635-3027 US Shipping Method: Hold For Pickup FOB: Destination Sales Person: Shawn Schroeder shawn.schroeder@platt.com Branch: Helena #92 4064425947 PRODUCTS QTY UNT PR / UOM TOTALS Entire Quote: Sub Total:$381.12 S/H:Not Included Other Charges:$0.00 Tax:$0.00 Total:$381.12 Prices are subject to change at any time prior to shipment unless agreed to otherwise in writing signed by an authorized Seller representative. Orders related to this quotation must be received, accepted and released by Seller within 48 hours of issuance of the quotation and are subject to availability. Many of Seller’s manufacturing partners have advised that until further notice they reserve the right to amend the delivery date, price, scope and quantity of supply and/or other terms and conditions set out in their offer or quotation and Seller equally reserves the right to pass through any such changes from its manufacturing partners to the Buyer. Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. Be advised that Seller considers any changes imposed by its manufacturing partners and other vendors outside of Seller’s reasonable control and therefore subject to Force Majeure provisions or similar common law doctrines such as “frustration” or “impossibility”. Seller’s Standard Terms and Conditions of Sale are incorporated by reference into this quotation. A copy of the most current version of Seller’s Standard Terms and Conditions of Sale is available at. https://www.rexelusa.com/terms Full phone support at (888) 739-3577 Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. CUTBAB1020 | Item# 60446 20A, 1P, 120/240V, Type BAB, 10 kAlC, Bolt On MFR:Eaton 4 $17.18 EA $68.75 1. 824 34E | Item# 65970 3/4" EMT Conduit, Steel, 10' Length MFR:Multiple 190 $89.52 C $170.09 2. 000 34ESSSCP | Item# 66497 EMT Set Screw Coupling, Steel, 3/4 inch MFR:Multiple 19 $38.00 C $7.22 3. 000 34ESSSCN | Item# 66496 EMT Set Screw Connector, Steel, 3/4 inch MFR:Multiple 12 $31.00 C $3.72 4. 000 RAC232 | Item# 52181 4" Square Box, Welded, 2-1/8" Deep, 1/2 and 3/4" Knockouts, Steel MFR:Hubbell-Raco 4 $141.62 C $5.66 5. 000 RAC752 | Item# 52387 4" Square Cover, 0-Device, Cover, No Raise, Drawn, Metallic MFR:Hubbell-Raco 4 $44.05 C $1.76 6. 000 DOTGP1050 | Item# 483822 Grounding Pigtail, 12 AWG, 10-1/2" Long, Pack of 50 MFR:Dottie 4 $82.76 C $3.31 7. 400 12THHNCSOLBLAX500 | Item# 62605 12 AWG THHN/THWN-2 Solid Copper, Black, 500' MFR:Multiple 655 $172.75 M $113.15 8. 000 34ES1H | Item# 66488 1-Hole EMT Strap 3/4" MFR:Multiple 35 $21.31 C $7.46 9. 000 480 Description:Martel Change order 1 Quote #2086379Updated On: 06/25/2024Company Name:Slate Electrical Billing Address:Slate Electrical (427124)3210 Canyon Ferry Rd Unit 1East Helena, MT 59635-3027 Created Date:6/25/24Shipping Address:3210 Canyon Ferry Rd Unit 1East Helena, MT 59635-3027 US Shipping Method:Hold For Pickup FOB:DestinationSales Person:Shawn Schroedershawn.schroeder@platt.com Branch:Helena #924064425947PRODUCTS QTY UNT PR / UOM TOTALS Entire Quote: Sub Total:$381.12 S/H:Not Included Other Charges:$0.00 Tax:$0.00 Total:$381.12 Prices are subject to change at any time prior to shipment unless agreed to otherwise in writing signed by an authorized Seller representative. Orders related to this quotation must be received, accepted and released by Seller within 48 hours of issuance of the quotation and are subject to availability. Many of Seller’s manufacturing partners have advised that until further notice they reserve the right to amend the delivery date, price, scope and quantity of supply and/or other terms and conditions set out in their offer or quotation and Seller equally reserves the right to pass through any such changes from its manufacturing partners to the Buyer. Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. Be advised that Seller considers any changes imposed by its manufacturing partners and other vendors outside of Seller’s reasonable control and therefore subject to Force Majeure provisions or similar common law doctrines such as “frustration” or “impossibility”. Seller’s Standard Terms and Conditions of Sale are incorporated by reference into this quotation. A copy of the most current version of Seller’s Standard Terms and Conditions of Sale is available at. https://www.rexelusa.com/terms Full phone support at (888) 739-3577 Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. CUTBAB1020 | Item# 6044620A, 1P, 120/240V, Type BAB, 10 kAlC, Bolt OnMFR:Eaton 4 $17.18 EA $68.751.82434E | Item# 659703/4" EMT Conduit, Steel, 10' LengthMFR:Multiple 190 $89.52 C $170.092.00034ESSSCP | Item# 66497EMT Set Screw Coupling, Steel, 3/4 inchMFR:Multiple 19 $38.00 C $7.223.00034ESSSCN | Item# 66496EMT Set Screw Connector, Steel, 3/4 inchMFR:Multiple 12 $31.00 C $3.724.000RAC232 | Item# 521814" Square Box, Welded, 2-1/8" Deep, 1/2 and 3/4" Knockouts,SteelMFR:Hubbell-Raco 4 $141.62 C $5.665.000RAC752 | Item# 523874" Square Cover, 0-Device, Cover, No Raise, Drawn, MetallicMFR:Hubbell-Raco 4 $44.05 C $1.766.000DOTGP1050 | Item# 483822Grounding Pigtail, 12 AWG, 10-1/2" Long, Pack of 50MFR:Dottie 4 $82.76 C $3.317.40012THHNCSOLBLAX500 | Item# 6260512 AWG THHN/THWN-2 Solid Copper, Black, 500'MFR:Multiple 655 $172.75 M $113.158.000 34ES1H | Item# 66488 1-Hole EMT Strap 3/4" MFR:Multiple 35 $21.31 C $7.46 9. 000 481 June 24, 2024City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 036 Pricing Request No.PR 016 PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 036 PR 016 Add Coax Cable for TVs REFERENCE: PR 016 Dear : Jon Henderson,We propose to provide all labor, materials, and equipment required toperform the above mentioned work. Our lump sum quotation is basedon our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in anyway (omissions, etc.) please advise us.Other wise, our interpretation shall stand as correct.We have not been directed to proceed with the work per the terms of the contract.XWe have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0calendar days for a time extensionPlease note this proposal is valid for (10) calendar days from this date andour proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:1,058.00$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project ManagerJon Henderson - Strategic Services DirectorEnclosure(s)Estimate PDF CC.File482 Martel ConstructionSpreadsheet ReportPage 1COR 036 PR 016 Add Coax Cable for TVs6/24/2024 3:46 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount27-0000COMMUNICATIONS1Communications2COR 036 PR 016 Add Coax Cable for TVs - 3locations1.00ls--981--9813 Communications981981 COMMUNICATIONS981981Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract981EquipmentOther981981General Liability Insurance90.890%Gross Receipts Tax101.000%Bond80.750%Construction Fee505.000%771,058Total1,058483 Estimate Date 6/24/2024 Estimate # 74783 Name / Address Martel Construction, Inc. 1203 S Church Ave. Bozeman, MT 59715 CompuSource, Inc. 411 East Birch St. Bozeman, MT 59715 Job Name PR-16 Terms Net 30 Project Bozeman Fire Statio... Signature _____________________________________ Phone # 4065871616 Fax #Web Site www.compusourcenow.com Total Item Description Qty Rate Martel Construction : BZN Fire Station #2 : PR-16 Coax labor labor to add one coax to 3 locations. Room 136 using existing 1/2 " Conduit and should be 3/4" we may not be able to feed all three cables down this 1/2" EMT. The other two locations will have no problem. 8.00 90.00 RG-6 Plenum RG-6 Coax Plenum Rated 350.00 0.59211 CMF** Panduit Minicom F Type Jack 6.00 7.97 SNS6 Snap-N-Seal® “F” Series Male One-Piece Compression Connectors 6.00 1.00 $981.06 484 June 24, 2024City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 037 Pricing Request No.PR 017 PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 037 PR 017 ADD Sprinkler Head under stair 2 REFERENCE: PR 017 Dear : Jon Henderson,We propose to provide all labor, materials, and equipment required toperform the above mentioned work. Our lump sum quotation is basedon our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in anyway (omissions, etc.) please advise us.Other wise, our interpretation shall stand as correct.We have not been directed to proceed with the work per the terms of the contract.We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0calendar days for a time extensionPlease note this proposal is valid for (10) calendar days from this date andour proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:527.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project ManagerJon Henderson - Strategic Services DirectorEnclosure(s)Estimate PDF CC.File485 Martel ConstructionSpreadsheet ReportPage 1COR 037 PR 017 ADD Sprinkler Head under stair 26/24/2024 3:09 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount21-0000FIRE SUPPRESSION1Fire Suppression2Fire Suppression Systems - COR 037 PR 017ADD Sprinkler Head under stair 22.00EA--488--4883 Fire Suppression488488 FIRE SUPPRESSION488488Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract488EquipmentOther488488General Liability Insurance50.890%Gross Receipts Tax51.000%Bond40.750%Construction Fee255.000%39527Total527486 487 488 July 12, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 039 Pricing Request No.RFI 086 PROJECT: Bozeman Fire Station # 2 SUBJECT:COR 039 RFI 086 electric water heater and boiler REFERENCE: RFI 086 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:7,502.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 489 Martel ConstructionSpreadsheet ReportPage 1COR 039 RFI 086 electric water heater and boiler7/12/2024 8:14 AMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount26-0000ELECTRICAL1Electrical2Division 16 COR 039 RFI 086 electric waterheater and boiler1.00ls--6,955--6,9553 Electrical6,9556,955 ELECTRICAL6,9556,955Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract6,955EquipmentOther6,9556,955General Liability Insurance670.890%Gross Receipts Tax701.000%Bond530.750%Construction Fee3575.000%5477,502Total7,502490 Change Proposal No.Date of Proposal Description of Work Labor Breakdown (use additional sheets if necessary) # of People Hours Labor Rate/Hr Labor Amount Total from other sheets: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Total Labor Costs: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Material Breakdown (use additional sheets if necessary) Material Description Quantity Unit Unit Cost Material Amounts Total from other sheets: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Subtotal Material Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Sales Tax  0% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Total Material Costs: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Other Direct Costs (Subcontractors, Equipmnet, Travel, etc.) Description Quantity Unit Unit Cost Other Cost Amounts Total from other sheets: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Total Other Direct Costs: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 1. Total Labor Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 2. Total Material Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 3. Total Other Direct Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 4. Total Labor, Material & Other Direct Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 5. Profit & Overhead (15%) of Line 1 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 6. Profit & Overhead (15%) of Line 2 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7. Profit & Overhead (15%) of Line 3 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 8. Total Change Proposal Costs (lines 4, 5, 6 & 7) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Contractor's Name: ______________________________________________ Signed By: __________________________________ Change Proposal Labor Classification 491 Description: Fire Station Pricing Quote #2069096 Updated On: 06/13/2024 Company Name: Slate Electrical Billing Address: Slate Electrical (427124) 3210 Canyon Ferry Rd Unit 1 East Helena, MT 59635-3027 Created Date: 6/13/24 Shipping Address: 3210 Canyon Ferry Rd Unit 1 East Helena, MT 59635-3027 US Shipping Method: Hold For Pickup FOB: Destination Sales Person: Hunter Hopkins hunter.hopkins@platt.com Branch: Helena #92 4064425947 PRODUCTS QTY UNT PR / UOM TOTALS Entire Quote: Sub Total:$1,987.25 S/H:Not Included Other Charges:$0.00 Tax:$0.00 Total:$1,987.25 Prices are subject to change at any time prior to shipment unless agreed to otherwise in writing signed by an authorized Seller representative. Orders related to this quotation must be received, accepted and released by Seller within 48 hours of issuance of the quotation and are subject to availability. Many of Seller’s manufacturing partners have advised that until further notice they reserve the right to amend the delivery date, price, scope and quantity of supply and/or other terms and conditions set out in their offer or quotation and Seller equally reserves the right to pass through any such changes from its manufacturing partners to the Buyer. Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. Be advised that Seller considers any changes imposed by its manufacturing partners and other vendors outside of Seller’s reasonable control and therefore subject to Force Majeure provisions or similar common law doctrines such as “frustration” or “impossibility”. Seller’s Standard Terms and Conditions of Sale are incorporated by reference into this quotation. A copy of the most current version of Seller’s Standard Terms and Conditions of Sale is available at. https://www.rexelusa.com/terms Full phone support at (888) 739-3577 Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. CUTDH362FGK | Item# 10647 Safety Switch, 60A, 3P, 600VAC/250VDC, Type DH, Fusible, NEMA 1 MFR:Eaton 2 $217.24 EA $434.48 1. 000 BUSFRSR45 | Item# 330442 Fuse, 45 Amp Class RK5 Dual-Element, Time-Delay, 600V MFR:Eaton/Bussmann Series 6 $37.61 EA $225.67 2. 100 34E | Item# 65970 3/4" EMT Conduit, Steel, 10' Length MFR:Multiple 280 $87.80 C $245.84 3. 000 34ESSSCP | Item# 66497 EMT Set Screw Coupling, Steel, 3/4 inch MFR:Multiple 36 $38.00 C $13.68 4. 000 34ESSSCN | Item# 66496 EMT Set Screw Connector, Steel, 3/4 inch MFR:Multiple 12 $31.00 C $3.72 5. 000 PSTPS1300AS34EG | Item# 158452 Strut Strap, Universal, 3/4", Steel MFR:Power-Strut 36 $88.16 C $31.74 6. 000 RAC232 | Item# 52181 4" Square Box, Welded, 2-1/8" Deep, 1/2 and 3/4" Knockouts, Steel MFR:Hubbell-Raco 6 $141.62 C $8.50 7. 000 RAC752 | Item# 52387 4" Square Cover, 0-Device, Cover, No Raise, Drawn, Metallic MFR:Hubbell-Raco 6 $44.05 C $2.64 8. 000 8THHNCSTRBLAX2500 | Item# 62740 8 AWG THHN/THWN-2 Stranded Copper, Black, 2500' MFR:Multiple 1,764 $521.06 M $919.15 9. 000 10THHNCSTRBLAX500 | Item# 62557 10 AWG THHN/THWN-2 Stranded Copper, Black, 500' MFR:Multiple 294 $273.70 M $80.47 10. 000 *** 500' ROLL ***11. 34FAX100 | Item# 65972 Aluminum Flex, 3/4", 100' Coil MFR:Multiple 12 $88.34 C $10.60 12. 000 34FDCSQZCN | Item# 65270 Flex Fitting, Squeeze Type, 3/4", Zinc Die Cast MFR:Multiple 4 $268.89 C $10.76 13. 180 492 Description:Fire Station Pricing Quote #2069096Updated On: 06/13/2024Company Name:Slate Electrical Billing Address:Slate Electrical (427124)3210 Canyon Ferry Rd Unit 1East Helena, MT 59635-3027 Created Date:6/13/24Shipping Address:3210 Canyon Ferry Rd Unit 1East Helena, MT 59635-3027 US Shipping Method:Hold For Pickup FOB:DestinationSales Person:Hunter Hopkinshunter.hopkins@platt.com Branch:Helena #924064425947PRODUCTS QTY UNT PR / UOM TOTALS Entire Quote: Sub Total:$1,987.25 S/H:Not Included Other Charges:$0.00 Tax:$0.00 Total:$1,987.25 Prices are subject to change at any time prior to shipment unless agreed to otherwise in writing signed by an authorized Seller representative. Orders related to this quotation must be received, accepted and released by Seller within 48 hours of issuance of the quotation and are subject to availability. Many of Seller’s manufacturing partners have advised that until further notice they reserve the right to amend the delivery date, price, scope and quantity of supply and/or other terms and conditions set out in their offer or quotation and Seller equally reserves the right to pass through any such changes from its manufacturing partners to the Buyer. Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. Be advised that Seller considers any changes imposed by its manufacturing partners and other vendors outside of Seller’s reasonable control and therefore subject to Force Majeure provisions or similar common law doctrines such as “frustration” or “impossibility”. Seller’s Standard Terms and Conditions of Sale are incorporated by reference into this quotation. A copy of the most current version of Seller’s Standard Terms and Conditions of Sale is available at. https://www.rexelusa.com/terms Full phone support at (888) 739-3577 Delivery dates are estimated only. Seller shall not be liable for failure to meet such dates resulting from product shortages or manufacturing delays. CUTDH362FGK | Item# 10647Safety Switch, 60A, 3P, 600VAC/250VDC, Type DH, Fusible,NEMA 1MFR:Eaton 2 $217.24 EA $434.481.000BUSFRSR45 | Item# 330442Fuse, 45 Amp Class RK5 Dual-Element, Time-Delay, 600VMFR:Eaton/Bussmann Series 6 $37.61 EA $225.672.10034E | Item# 659703/4" EMT Conduit, Steel, 10' LengthMFR:Multiple 280 $87.80 C $245.843.00034ESSSCP | Item# 66497EMT Set Screw Coupling, Steel, 3/4 inchMFR:Multiple 36 $38.00 C $13.684.00034ESSSCN | Item# 66496EMT Set Screw Connector, Steel, 3/4 inchMFR:Multiple 12 $31.00 C $3.725.000PSTPS1300AS34EG | Item# 158452Strut Strap, Universal, 3/4", SteelMFR:Power-Strut 36 $88.16 C $31.746.000RAC232 | Item# 521814" Square Box, Welded, 2-1/8" Deep, 1/2 and 3/4" Knockouts,SteelMFR:Hubbell-Raco 6 $141.62 C $8.507.000RAC752 | Item# 523874" Square Cover, 0-Device, Cover, No Raise, Drawn, MetallicMFR:Hubbell-Raco 6 $44.05 C $2.648.000 8THHNCSTRBLAX2500 | Item# 62740 8 AWG THHN/THWN-2 Stranded Copper, Black, 2500' MFR:Multiple 1,764 $521.06 M $919.15 9. 000 10THHNCSTRBLAX500 | Item# 62557 10 AWG THHN/THWN-2 Stranded Copper, Black, 500' MFR:Multiple 294 $273.70 M $80.47 10. 000 *** 500' ROLL ***11. 34FAX100 | Item# 65972 Aluminum Flex, 3/4", 100' Coil MFR:Multiple 12 $88.34 C $10.60 12. 000 34FDCSQZCN | Item# 65270 Flex Fitting, Squeeze Type, 3/4", Zinc Die Cast MFR:Multiple 4 $268.89 C $10.76 13. 180 493 3210 CANYON FERRY RD EAST HELENA, MT 59635 TEL: (406) 461-7374 CUS PO #: JOB NAME: SHIPPING POINT PREPAID FV-67466 38 QUAIL RUN RD BOZEMAN MT 59718 TEL: 406 587-5566 FAX: 406 587-4043 QUOTE FOR: QUOTE EXPIRES CONTACT: 004 MATT HALEY BOZEMAN FIRE STATION #2 BOZEMAN FIRE 2 0711 1050974 06/05/24 06/05/24 SLATE ELECTRICAL CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. 07/05/2024 QUOTATION PAGE 001 OF 001 DATE REV # REV DATE SLS INSL 0710 FOB FREIGHT PREPARED BY MH QUOTE # ACCT #: QTY MFR CATALOG #DESCRIPTION PRICE UOM EXT AMTLN 01 *** WE CAN HAVE IN 3 DAYS 02 * SQD 03 496.00EGB34040MISC. 1 496.00E 04 504.00EGB34045MISC. 1 504.00E 1,000.00TOTAL: PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE. WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS. 494 June 24, 2024City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 040 Pricing Request No.RFI 100 PROJECT: Bozeman Fire Station # 2 SUBJECT:COR 040 RFI 100 Electrical Panel Schedule 2HA Breaker REFERENCE: RFI 100 Dear : Jon Henderson,We propose to provide all labor, materials, and equipment required toperform the above mentioned work. Our lump sum quotation is basedon our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in anyway (omissions, etc.) please advise us.Other wise, our interpretation shall stand as correct.We have not been directed to proceed with the work per the terms of the contract.We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0calendar days for a time extensionPlease note this proposal is valid for (10) calendar days from this date andour proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:2,555.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project ManagerJon Henderson - Strategic Services DirectorEnclosure(s)Estimate PDF CC.File495 Martel ConstructionSpreadsheet ReportPage 1COR 040 RFI 100 Electrical Panel Schedule 2HA6/25/2024 4:23 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount26-0000ELECTRICAL1Electrical2Division 16 COR 040 RFI 100 Electrical PanelSchedule 2HA1.00ls--2,368--2,3683 Electrical2,3682,368 ELECTRICAL2,3682,368Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract2,368EquipmentOther2,3682,368General Liability Insurance230.890%Gross Receipts Tax241.000%Bond180.750%Construction Fee1225.000%1872,555Total2,555496 Change Proposal No.Date of Proposal Description of Work Labor Breakdown (use additional sheets if necessary) # of People Hours Labor Rate/Hr Labor Amount Total from other sheets: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Total Labor Costs: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Material Breakdown (use additional sheets if necessary) Material Description Quantity Unit Unit Cost Material Amounts Total from other sheets: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Subtotal Material Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Sales Tax  0% ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Total Material Costs: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Other Direct Costs (Subcontractors, Equipmnet, Travel, etc.) Description Quantity Unit Unit Cost Other Cost Amounts Total from other sheets: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Total Other Direct Costs: ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 1. Total Labor Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 2. Total Material Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 3. Total Other Direct Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 4. Total Labor, Material & Other Direct Costs ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 5. Profit & Overhead (15%) of Line 1 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 6. Profit & Overhead (15%) of Line 2 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 7. Profit & Overhead (15%) of Line 3 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ 8. Total Change Proposal Costs (lines 4, 5, 6 & 7) ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Contractor's Name: ______________________________________________ Signed By: __________________________________ Change Proposal Labor Classification 497 38 QUAIL RUN RD BOZEMAN, MT 59718 T: 4065875566 F: 4065874043 Invoice SOLD TO: SLATE ELECTRICAL 3210 CANYON FERRY RD EAST HELENA, MT 59635 SHIP TO: SLATE ELECTRICAL 38 QUAIL RUN RD BOZEMAN, MT 59718 INVOICE NO. 0819-1175165 INVOICE DATE 06/11/2024 PLEASE SHOW INVOICE NO. AND REMIT TO: P.O. BOX 913120 DENVER, CO 80291-3120 ACCOUNT #/NAME FV-67466 BOZEMAN FIRE STATION #2 JOB NAME EGB BREAKER CUSTOMER ORDER NO. BZN FIRE STATION SALESPERSON 0739 JW SHIPPING INFORMATION PREPAID SHIP VIA WILL CALL SHIP DATE 06/11/2024 QTY ORDERED 1 1 PRODUCT CODE SQD S&H EGB34125 SHIPPING DESCRIPTION MINIATURE CIRCUIT QTY SHIPPED 1 1 PRICE 1891.50 25.00 E E DISC.EXTENSION 1891.50 25.00 1.0 0.0 T T PLEASE CALL CODY WHEN IN AND DELIVER TO JOB C O D E P E R C / D MERCHANDISE SALES TAX 0.00000 SHIPPING CHARGE 1916.50 0.00 0.00 TOTAL DUE 1,916.50 Page 1 of 1 TITLE TO MERCHANDISE AND RISK OF LOSS OR DAMAGE PASSES AT POINT OF SHIPMENT. CLAIMS FOR SHORT OR DAMAGED MERCHANDISE SHOULD BE MADE TO CARRIER. MERCHANDISE RETURNED WITHOUT OUR CONSENT WILL NOT BE ACCEPTED. A RESTOCKINGCHARGE WILL BE MADE ON RETURNED GOODS UNLESS DEFECTIVE OR THROUGH ERROR ON OUR PART. A SERVICE CHARGE OF 1 ½% PER MONTH, BUT NOT TO EXCEED THE HIGHEST AMOUNT LAWFULLYALLOWED BY APPLICABLE STATE LAW, WILL BE MADE ON ALL PAST DUE ACCOUNTS. THIS SALE IS SUBJECT TO OUR TERMS LOCATED AT SALES.OUR-TERMS.COM, WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE. CODE: TO ADVISE YOU PROMPTLY CONCERNING YOUR ORDER, THIS CODE IS USED ON OUR INVOICES. B - BACK ORDERED. WILL SHIP AS SOON AS RECEIVED UNLESS INSTRUCTEDTO CANCEL. C - CANCELLED. NOT IN STOCK. UNABLE TO PURCHASE LOCALLY. NET PAYMENT IS DUE BY THE 15TH OF THE MONTH FOLLOWING PURCHASE 498 August 19, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 043 Pricing Request No.RFI 061 PROJECT: Bozeman Fire Station # 2 SUBJECT:COR 043 RFI #061 Generator & Fuel Tank Pad Layout - Fuel Pedistal REFERENCE: RFI 061 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:3,191.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 499 Martel ConstructionSpreadsheet ReportPage 1COR 043 RFI 061 Generator & Fuel Tank - Fuel Pedistal 8/18/2024 3:08 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount22-0000PLUMBING1Building Services Piping2COR 043 RFI 061 Generator & Fuel Tank - FuelPedistalls--2,958--2,9583 Building Services Piping2,9582,958 PLUMBING2,9582,958Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract2,958EquipmentOther2,9582,958General Liability Insurance280.890%Gross Receipts Tax301.000%Bond230.750%Construction Fee1525.000%2333,191Total3,191500 Material/Labor Direct Costs Qty Material Unit Price Material Cost Labor Hrs Labor Rate/Hr Labor Cost Original Side Tank Mount was $800 - New Pedistal Mount is $1,952.1 $1,152 $1,152.00 $125.00 $0.00 Add Fuel Hose to Hose Reel - Per RFI 1 $963 $963.00 3 $125.00 $375.00 0 $0 $0.00 $125.00 $0.00 0 $0 $0.00 $125.00 $0.00 0 $0 $0.00 $125.00 $0.00 0 $0 $0.00 $125.00 $0.00 0 $0 $0.00 $125.00 $0.00 Misc. Plumbing Materials 0 $0 $105.75 $0.00 $125.00 $0.00 $0.00 $125.00 $0.00 $0.00 $125.00 $0.00 $0.00 $125.00 $0.00 Misc. Sheet Metal Materials $0.00 $0.00 $120.00 $0.00 $0.00 $120.00 $0.00 $0.00 $120.00 $0.00 Misc. Sheet Metal Materials $0.00 $2,220.75 $375.00 $130.00 $0.00 $130.00 $0.00 $130.00 $0.00 $0.00 SUMMARY Materials (detail above)$2,220.75 Equipment Rent Subsistence - Lodging Costs - Mileage (Total Miles X $1.25)- Subtotal $2,220.75 $333.11 Labor (detail above)$375.00 Subcontractors: $0.00 - - - $0.00 Bond (If Applicable)$0.00 n CGR 1% State Tax (If Applicable)$29.29 y TOTAL AMOUNT DUE $2,958.15 Subcontractors with 10% Overhead & Profit PM Time Total Supervision 15% Overhead & Profit Supervision: Plumbing Supervision Sheet Metal Supervision Total Material/Labor Direct Costs Sheet Metal Shop Fabrication: Sheet Metal: BOZEMAN WORK MOD / SMALL PROJECT PRICING WORKSHEET Job Name: 23-4072 Bozeman Fire Station #2 Description: Fuel Truck Fill Adds Date: 7/17/24 Plumbing: Comm. Drive/Bid Prep forms/Change Order Worksheet 501 October 17, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 044 R1 Pricing Request No.RFI 107 PROJECT: Bozeman Fire Station # 2 SUBJECT:COR 044 RFI #107 Kagy Blvd Sidewalk Replacement - Replace existing REFERENCE: RFI 107 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:2,331.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 502 Martel ConstructionSpreadsheet ReportPage 1COR 044 RFI #107 Kagy Blvd Sidewalk Replacement - Replace existing10/9/2024 11:17 AMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount31-0000EARTHWORK1Misc Site Construction2COR 044 RFI #107 Kagy Blvd SidewalkReplacement - Replace existing1.00ls2,6551,668--4,3233 Misc Site Construction2,6551,6684,323 EARTHWORK2,6551,6684,323Estimate TotalsDescriptionAmountTotalsHoursRateLabor2,655Material1,668SubcontractEquipmentOther4,3234,323General Liability Insurance420.890%Gross Receipts Tax431.000%Bond330.750%Construction Fee2225.000%3404,663Total4,663503 Entries by JobMartel Construction, Inc. Page 110-09-24 System Time: 12:12 pm Acctg Tran Transaction Date Cat Date Type Description Units Amount 23-002 Bozeman Fire Station 2 FIELD WORK ORDERS FWO-011 Martel Concrete Sidewalk 09-27-2024 L 09-16-24 PR cost Lindsley; Steven A 3.00 141.00 09-27-2024 L 09-16-24 PR cost Shea; Timothy A 7.00 308.00 09-27-2024 L 09-16-24 PR cost Haniuk; John L 3.00 111.00 09-27-2024 L 09-16-24 PR cost Bertolasio; Jonathan P 4.00 168.00 09-27-2024 L 09-16-24 PR cost Pliley; Jason L. 4.00 152.00 09-27-2024 L 09-16-24 PR cost Bailey; Jacob M. 3.00 78.00 09-27-2024 L 09-16-24 PR cost Schmitz; Mason A. 4.00 140.00 09-20-2024 L 09-14-24 PR cost Shea; Timothy A 3.00 132.00 09-20-2024 L 09-14-24 PR cost Rongitsch; Thomas H. 3.00 104.19 09-20-2024 L 09-14-24 PR cost Pierson; Trenton S 4.00 126.00 09-20-2024 L 09-14-24 PR cost Bailey; Jacob M. 4.00 126.44 09-20-2024 L 09-14-24 PR cost Schmitz; Mason A. 4.00 140.00 09-20-2024 L 09-14-24 PR cost Pliley; Jason L. 3.00 114.00 09-27-2024 LB 09-21-24 PR cost Lindsley; Steven A 61.49 09-27-2024 LB 09-21-24 PR cost Shea; Timothy A 133.80 09-27-2024 LB 09-21-24 PR cost Haniuk; John L 49.79 09-27-2024 LB 09-21-24 PR cost Bertolasio; Jonathan P 76.56 09-27-2024 LB 09-21-24 PR cost Pliley; Jason L. 64.10 09-27-2024 LB 09-21-24 PR cost Bailey; Jacob M. 41.31 09-27-2024 LB 09-21-24 PR cost Schmitz; Mason A. 59.16 09-20-2024 LB 09-14-24 PR cost Shea; Timothy A 57.00 09-20-2024 LB 09-14-24 PR cost Rongitsch; Thomas H. 45.91 09-20-2024 LB 09-14-24 PR cost Pierson; Trenton S 58.85 09-20-2024 LB 09-14-24 PR cost Bailey; Jacob M. 59.01 09-20-2024 LB 09-14-24 PR cost Schmitz; Mason A. 59.16 09-20-2024 LB 09-14-24 PR cost Pliley; Jason L. 48.08 09-20-2024 LB 09-14-24 PR cost Rongitsch; Thomas H. .02- 09-20-2024 LB 09-14-24 PR cost Pierson; Trenton S .22 09-27-2024 LB 09-21-24 PR cost Shea; Timothy A .02 09-19-2024 M 09-05-24 AP cost Kenyon Noble Lumber & Hrdwr 52.63 09-23-2024 M 09-16-24 AP cost Knife River - Belgrade 1,020.00 09-26-2024 M 09-25-24 AP cost Duneman Construction, Inc. 595.00 Cost Code Total 4,322.70* Job Total 4,322.70* 504 Entries by JobMartel Construction, Inc. Page 210-09-24 System Time: 12:12 pm Acctg Tran Transaction Date Cat Date Type Description Units Amount Report Total 4,322.70* 505 August 19, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 048 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 048 Owner Requested items REFERENCE: Owner Site Walk - Punch List Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:4,059.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 506 Martel Construction Spreadsheet Report Page 1 COR 048 Owner Requested items 8/18/2024 10:41 PM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 10-0000 SPECIALTIES1 Flagpoles2 Owner Requested - Flag Pole Lock Box (3)3.00 ea 150 506 ---6563 Flagpoles 150 506 656 Lockers4 Owner Requested - Gear Grid Lockers - Coat rack hanger bar one Earch Bar 1.00 ea 800 917 ---1,7175 Lockers 800 917 1,717 SPECIALTIES 950 1,423 2,373 12-0000 FURNISHINGS6 Site Furnishings - Mail Box and Concrete Pad 7 Site Furnishings - Mail Box SD1.0 shows and 2'x2' Concrete Pad 1.00 ea 600 790 --1,3908 Site Furnishings - Mail Box and Concrete Pad 600 790 1,390 FURNISHINGS 600 790 1,390 Estimate Totals Description Amount Totals Hours RateLabor1,550 5.091 hrsMaterial2,213SubcontractEquipmentOther3,763 3,763General Liability Insurance 36 0.890 %Gross Receipts Tax 38 1.000 %Bond 29 0.750 % Construction Fee 193 5.000 % 296 4,059 Total 4,059 507 August 12, 2024 PROJECT: Bozeman Fire Station ARCHITECT: ThinkOne ADDENDUM: 1,2 CHANGE ORDER SECTION 107516 – FLAGPOLES by Poletech. $506.00 TERMS: All items are quoted F.O.B. factory, full freight allowed to jobsite. QUOTE MUST BE ACCEPTED WITHIN 30 DAYS, PRICES ARE PROTECTED FOR DELIVERY By December 31, 2023. Installation, blocking, field verifications, state, local or TERO taxes are not included unless specifically noted. 10 10th St W Billings, MT 59102 (406) 969-1280 (406) 969-1473 fax 508 Contact us with any questions or concerns. Tony Schweitzer tony@sylvansiteservices.com 509 Net Order:$864.00 Freight:$53.00 Sales Tax: Order Total US $:$917.00 1. 2. 3. 4. 5. 6. Quotation GearGrid Corporation 670 15th St SW Forest Lake, MN 55025 Phone: (651) 464-4468 Fax: (651) 464-4780 www.geargridcorp.com Quote Number:00013049 Quote Date:8/12/2024 Customer Number: Project Name: Bozeman Fire Station #2 - Locker Hanging Rod Accessory Specification Section: Addenda Acknowledged: Sold To:Ship To: Martel Construction Inc 1203 South Church Ave` Bozeman, MT 59715 Martel Construction Inc c/o Bozeman Fire Station #2 - 575 W Kagy Blvd Bozeman, MT 59715 (406) 586-8585Phone: Fax: jakem@martelconstruction.comE-mail: Confirm To:Carrier F.O.B.Terms Quote Provided By: Jake Martel FedEx Origin Net 30 Renee Alexander Part Number Description UOM Quantity Ordered Price Extended Amount 401130 Kit-Hang Bar-30 In-GearGrid 21 $40.00 $840.00 492031 Kit, Hangbar Secure Bracket EA 4 $6.00 $24.00 Quote Notes: (21) GearHanger - Horizontal Hanging Rod Fits Existing Locker Size: 30"W Assembly required No tax included (GearGrid is not responsible for collecting or remitting out of state sales tax) 3% processing fee applies to credit card transactions Assembly/Installation provided by: Martel Construction Inc GearGrid can provide (NON-UNION, NON-CERTIFIED PAYROLL) Assembly and Installation for an ADDED price of: N/A Estimated Ship Date: Approximately Please check at time of order weeks after receipt of order. This quote does not include nameplates, please source at www.firehouseid.com or locally If Doors are ordered GearGrid does not provide padlocks or other locking devices unless otherwise indicated. When Powerbars are ordered, electrical wiring, receptacles and installation of electrical are not included. Please consult local certified electrician. GearGrid products are packaged on 74" long x 44" wide skids, standard trailer delivery. Off-loading by others. If lift gate or other special services are desired, this must be requested at the time of initial quote request. Quotation is valid for days for product costs; freight charges are valid for days.90 30 510 TERMS AND CONDITIONS OF SALE 1. These Terms and Conditions apply to all sales of goods (“Goods”) by GearGrid, LLC (“GearGrid”) to any proposed Buyer (“Buyer”).GENERAL. Any additional or different terms and conditions proposed by the Buyer are objected to and hereby rejected, notwithstanding any terms and conditions that may be contained in any purchase order, acknowledgment, notice, communication or other Buyer form, unless such additional or different terms are expressly accepted by Seller in writing, signed by an authorized officer of Seller. Acceptance by Buyer of any goods from Seller shall be considered acceptance of these Terms and Conditions. If these Terms and Conditions, or any related documents from Seller, are deemed to be a response to a Buyer document, then notwithstanding any additional or different terms that may be embodied in Buyer’s document, Seller’s response is expressly conditional on Buyer’s consent to the additional and/or different terms and conditions set forth in these Terms and Conditions. If these Terms and Conditions are not acceptable to Buyer, Buyer must notify Seller in writing at once. 2. Verbal orders are accepted only on the terms herein and in Seller’s order acknowledgment. Any discrepancies between Seller’sVERBAL ORDERS. order acknowledgment and the Buyer’s verbal order are not binding on Seller. PLEASE REVIEW GEARGRID’S ORDER ACKNOWLEDGMENT CAREFULLY. 3. Unless otherwise stated in GearGrid’s order acknowledgment or quotation, all invoices are due 30 days after the invoice date. Past duePAYMENT. accounts will be charged interest at 1.5% per month, but not more the maximum interest rate allowed by law. Any wire transfer or related fees associated with payment of individual invoices will be the responsibility of the Buyer. A 3% fee will be added to any order paid using a credit card. 4. All shipping dates represent only a reasonable estimate of the time required for manufacturing at the time of order acceptance orSHIPPING DATES. quotation. These dates shall not be construed as promises or agreements to ship or deliver goods on specific dates. 5. Except as otherwise provided in Seller’s invoice, all shipments will be made by F.O.B. Seller’s manufacturing facilitySHIPMENT - RISK OF LOSS. in Forest Lake, Minnesota. Shipping and insurance costs are not included in the individual product prices and shall be paid by Buyer. All goods are shipped at Buyer’s risk. Title to the goods and risk of loss or damage shall pass to Buyer upon tender of delivery to the carrier in Forest Lake, Minnesota. All claims for shortage or for damage in transit must be reported to Seller within 10 days of delivery. 6. Delivery shall be subject to, and contingent upon, strikes, labor difficulties, riot, war, fire, delay or defaults of common carriers,DELAYS. governmental decrees or orders, inability to obtain necessary material or facilities or any other delays beyond Seller’s reasonable control. Seller shall not be liable for any losses caused by such delays. 7. A cancelation fee will be applied to all cancelled orders. The amount of the cancellation fee will be based on the percentCANCELLATION. completion of the customer order. 8. - Seller’s prices do not include taxes or other governmental charges with respect to the sale, purchase, delivery, use or transportation of Goods.TAXES Any such taxes which Seller may be required to pay or collect under any existing or future law shall be promptly paid to Seller by Buyer upon demand. 9. Seller warrants to the Buyer that the Goods shall be free from defects in materials and workmanship for aWARRANTIES AND DISCLAIMERS. period of one year from time of shipment. If Buyer notifies Seller in writing within the applicable period from the date of shipment by Seller (“Warranty Period”) of such a defect in any Goods, and if Seller determines that such Goods are not in conformity with this warranty, Seller will repair or replace such Goods or refund to Buyer the purchase price of such Goods. Any claims not made within the Warranty Period are deemed waived by Buyer. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE OR AGAINST INFRINGEMENT, ALL OF WHICH ARE HEREBY DISCLAIMED BY SELLER. 10. Unless otherwise stated, all GearGrid products are warranted as described in Warranties and Disclaimers, for aPRODUCT WARRANTY PERIOD. period of 2 years, except for the GridIron locker line which carries a 10 year standard warranty. 11. Goods may not be returned without the Seller’s consent, at its discretion and will be subject to a restockingRETURN & RESTOCKING POLICY. fee. A minimum 25% restocking fee will apply to all returned products. No product may be returned without a Return Authorization and agreement provided by GearGrid. Any returned product received in damaged condition, will be subject to credit adjustment. 12.LIMITATION OF REMEDIES. IN NO EVENT SHALL SELLER’S OBLIGATIONS WITH RESPECT TO ANY GOODS EXCEED THE PURCHASE PRICE PAID TO SELLER BY BUYER FOR THOSE GOODS. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGE, LOSS OR EXPENSE (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR GOODWILL), WHETHER SUCH CLAIM IS BASED ON CONTRACT, NEGLIGENCE, STRICT TORT OR WARRANTY. 13. If the Goods are to be shipped outside of the United States, no shipment will be authorized until Seller hasINTERNATIONAL TRANSACTIONS. received an irrevocable letter of credit issued to Seller for the entire purchase price of the Goods and issued or confirmed by a bank located in the United States that is acceptable to Seller in its sole discretion. The Convention on Contracts for the International Sale of Goods shall not apply to any transaction subject to these Terms and Conditions. 14. - These Terms and Conditions shall be governed by and interpreted in accordance with the internal laws ofGOVERNING LAW/DISPUTES Minnesota. No action with respect to the Goods or arising out of these Terms and Conditions may be brought by Buyer more than one year after the cause of action has accrued. All disputes shall be resolved in state or Federal courts located in Hennepin County, Minnesota. 15. - No agreement varying these Terms and Conditions will be binding upon Seller unless in writing and signed by anEXCLUSIVE AGREEMENT officer of Seller. 16. GearGrid will be responsible for assembly/installation for the items quoted when theASSEMBLY AND INSTALLATION (WHEN APPLICABLE) price is indicated on quote and accepted by customer. Customer will be responsible for off-loading material from carrier and storing in a safe, secure environment until scheduled installation. Customer is responsible for noting any damage to shipment with carrier at the time of delivery. The damage to be noted on Bill of Lading prior to signing and accepting shipment. Customer will also immediately notify GearGrid of shipment damage via email to . Evidence of damage including description and pictures will be necessary. Customer will be responsible for providing a trashsales@geargrid.com receptacle for packing materials and skid disposal. Customer will be responsible for accurate field measurements prior to GearGrid releasing order for production. Field dimensions should also note the material make-up of walls or floors that lockers will be anchored into and any impediments that will require special installation circumstances. Inaccurate field dimensions or omission of special installation circumstances that require additional costs in terms of materials or labor will be the sole responsibility of Customer. Customer will coordinate a firm installation date no later than 30 days prior to the required install date to allow for installer to coordinate travel logistics. If jobsite is not ready for installation as of previously agreed upon date, 511 Customer will be responsible for additional travel, lodging and other costs associated with delay. Customer will make sure area is free and clear of any obstructions/clutter to allow for adequate space to work freely. Customer will advise of open days/hours work can be performed on site. GearGrid is not able to provide Certified Payroll or Union Wages. 17. Using the information below will allow you to approximateAPPROXIMATE LABOR REQUIRED FOR ASSEMBLY AND INSTALLATION. the Man Hours required to assemble and install GearGrid products. These figures are provided as a courtesy and are dependent on a variety of factors including: labor experience and skill, jobsite conditions, accessories included, layout, etc. Please feel free to use these calculations, however GearGrid is not responsible for actual assembly and installation times. First 6 Lockers: 1 hour per locker Each locker after the first 6: .75 hours per locker Locker Doors: Add .25 hours per door Hose Racks, Slingers, Miami, Suffolk, etc: 2 hours each 512 DATE: 08-14-24 SUBJECT: Bozeman Fire Hall #2 LOCATION: Bozeman, MT. ADDENDUMS: 1, 2 PROJECT BID DATE: 02/14/2023 We Are Pleased To Provide The Following Quote: SPEC QTY Model # DESCRIPTION MANU TOTAL No Spec 1 4350BLK Mail Chest Salsbury 1 4365BLK Mailbox Pedestal Salsbury TOTAL: $790.00 Qualifications: • Contractor to verify all quantities. Pricing subject to change. • SUPPLY ONLY, NO INSTALL • THIS QUOTE IS GOOD FOR 30 DAYS. PRICING SUBJECT TO REVIEW EVERY 30 DAYS UNTIL MATERIAL IS ORDERED BY MONTANA DOORWAYS PLUS DUE TO MARKET CONDITIONS. • FOB: FULL FREIGHT ALLOWED TO THE NEAREST SHIPPING POINT • IF APPLICABLE, QUOTE DOES NOT INCLUDE SALES TAX SINCERELY, Cole Mclaughlin Estimator Division 10 513 September 24, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 051 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 051 Builder Risk Insurance REFERENCE: Builders Risk Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:4,654.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 514 Martel Construction Spreadsheet Report Page 1 COR 051 Builder Risk Insurance 9/24/2024 10:50 PM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 01-0000 GENERAL REQUIREMENTS1 General Insurance2 Builders Risk Insurance Two Months extended July 1st to August 15th 1.00 ls -2,569 --2,5693 Builders Risk Insurance Two Months extended August 15th to Sept 15th 1.00 ls -1,746 --1,7464 General Insurance 4,315 4,315 GENERAL REQUIREMENTS 4,315 4,315 Estimate Totals Description Amount Totals Hours Rate Labor Material 4,315 SubcontractEquipmentOther 4,315 4,315General Liability Insurance 41 0.890 %Gross Receipts Tax 43 1.000 %Bond 33 0.750 %Construction Fee 222 5.000 %339 4,654Total4,654 515 516 517 518 September 24, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 052 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 052 Walk Off Pad for PV System REFERENCE: PV System Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:2,324.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 519 Martel Construction Spreadsheet Report Page 1 COR 052 Walk Off Pad for PV System 9/25/2024 12:46 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 07-0000 THERMAL & MOISTURE PROT.1 Membrane Roofing2 Membrane Roofing sf --2,154 --2,1543 Membrane Roofing 2,154 2,154 THERMAL & MOISTURE PROT.2,154 2,154 Estimate Totals Description Amount Totals Hours Rate Labor Material Subcontract 2,154 Equipment Other 2,154 2,154 General Liability Insurance 21 0.890 % Gross Receipts Tax 22 1.000 % Bond 16 0.750 % Construction Fee 111 5.000 % 170 2,324 Total 2,324 520 P.O. Box 17227 Missoula, MT 59808 Phone 406-829-9100 Fax: 406-829-8450 TO:Martel Construction, Inc 1203 South Church Bozeman, Mt 59715 CHANGE ORDER REQUEST DATE:CHANGE ORDER #:2 JOB NAME:Bozeman Fire Station #2 JOB #: WE HEREBY PROPOSE TO MAKE THE FOLLOWING CHANGES: Add 75 LF of walk pad for Solar array panels $2,154.00 WE AGREE HEREBY TO MAKE THE FOLLOWING CHANGE SPECIFIED ABOVE AT THIS PRICE:2,154.00$ PREVIOUS CONTRACT AMOUNT:263,400.00$ REVISED CONTRACT TOTAL:265,554.00$ Summit Roofing Inc.DATE ACCEPTED BY DATE Bill Johns / President PRINTED NAME/TITLE PRINTED NAME/TITLE 9/9/2024 521 October 9, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 053 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 053 Metal Boxes Extrerior REFERENCE: Charging Station and Generator 2 covers Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:1,510.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 522 Martel ConstructionSpreadsheet ReportPage 1COR 053 Metal Boxes Extrerior9/25/2024 2:49 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount07-0000THERMAL & MOISTURE PROT.1Flashing & Sheet Metal2COR 053 Metal Boxes Extrerior - Sheet MetalFabrications1.00ls3001,100--1,4003 Flashing & Sheet Metal3001,1001,400 THERMAL & MOISTURE PROT.3001,1001,400Estimate TotalsDescriptionAmountTotalsHoursRateLabor300Material1,100SubcontractEquipmentOther1,4001,400General Liability Insurance130.890%Gross Receipts Tax141.000%Bond110.750%Construction Fee725.000%1101,510Total1,510523 524 October 9, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 055 Pricing Request No.COB Eng PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 055 CoB Paint Lines Kagy ROW REFERENCE: City of Bozeman Inspections - Engneering Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:648.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 525 Martel ConstructionSpreadsheet ReportPage 1COR 055 CoB Paint Lines Kagy ROW9/25/2024 2:30 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount31-0000EARTHWORK1Misc Site Construction2COR 055 CoB Paint Lines Kagy ROW1.00LS--600--6003 Misc Site Construction600600 EARTHWORK600600Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract600EquipmentOther600600General Liability Insurance60.890%Gross Receipts Tax61.000%Bond50.750%Construction Fee315.000%48648Total648526 CHANGE ORDER PROJECT: CHANGE ORDER NO. Bozeman Fire Station 12 REFERENCE: Bozeman, MT 59718 CONTRACTOR:Subcontractor: Martel Walker Excavation This CHANGE ORDER is issued by Bret This CHANGE ORDER includes all material, labor, tools and equipment necessary to complete the following work Description Connect Kagy Blvd. Striping from median to existing with latex paint QUANTITY U/M AMOUNT 1.00 LS 600.00$ TOTAL $600.00 The date of substantial completion as of the date of this change order is Increased by 1 Day. CONTRACTOR SUBCONTRACTOR Martel Walker Excavation By: By: Date: Date:9/19/2024 Latex Striping on Kagy - All traffic control is to be completed by others (if needed) - All street cleaning is to be completed by others (if needed) Stripe 527 October 9, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 056 Pricing Request No.RFI 112 PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 056 RFI 112 Insulation on Fuel Piping REFERENCE: City of Bozeman Inspections - Engneering Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:3,178.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 528 Martel ConstructionSpreadsheet ReportPage 1COR 056 RFI 112 Insulation on Fuel Piping9/25/2024 2:23 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount22-0000PLUMBING1Building Services Piping2Fuel Pipping - Insulation and metal jacket1.00ls--2,947--2,9473 Building Services Piping2,9472,947 PLUMBING2,9472,947Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract2,947EquipmentOther2,9472,947General Liability Insurance280.890%Gross Receipts Tax291.000%Bond230.750%Construction Fee1515.000%2313,178Total3,178529 Material/Labor Direct Costs Qty Material Unit Price Material Cost Labor Hrs Labor Rate/Hr Labor Cost 0 $0 $0.00 0 $125.00 $0.00 0 $0 $0.00 $125.00 $0.00 0 $0 $0.00 $125.00 $0.00 0 $0 $0.00 $125.00 $0.00 0 $0 $0.00 $125.00 $0.00 0 $0 $0.00 $125.00 $0.00 0 $0 $0.00 $125.00 $0.00 Misc. Plumbing Materials 0 $0 $0.00 $0.00 $125.00 $0.00 $0.00 $125.00 $0.00 $0.00 $125.00 $0.00 $0.00 $125.00 $0.00 Misc. Sheet Metal Materials $0.00 $0.00 $120.00 $0.00 $0.00 $120.00 $0.00 $0.00 $120.00 $0.00 Misc. Sheet Metal Materials $0.00 $0.00 $0.00 $130.00 $0.00 $130.00 $0.00 0.5 $130.00 $65.00 $65.00 SUMMARY Materials (detail above)$0.00 Equipment Rent Subsistence - Lodging Costs - Mileage (Total Miles X $1.25)- Subtotal $0.00 $0.00 Labor (detail above)$65.00 Subcontractors: HBI $2,620.00 - - - $2,882.00 Bond (If Applicable)$0.00 n CGR 1% State Tax (If Applicable)$0.00 n TOTAL AMOUNT DUE $2,947.00 Subcontractors with 10% Overhead & Profit PM Time Total Supervision 20% Overhead & Profit Supervision: Plumbing Supervision Sheet Metal Supervision Total Material/Labor Direct Costs Sheet Metal Shop Fabrication: Sheet Metal: BOZEMAN WORK MOD / SMALL PROJECT PRICING WORKSHEET Job Name: 23-4072 Bozeman Fire Station #2 Description: Insulate Fuel Lines Date: 9/16/24 Plumbing: Comm. Drive/Bid Prep forms/Change Order Worksheet 530 ENERGY EFFICIENCY SPECIALISTS P: (406) 697-9238 P.O. BOX 80424 Seattle, WA 98108 MT #163134 September 11, 2024 Andy Hanson Central Plumbing & Heating 387 Floss Flats Rd Belgrade, MT 59714 Re: Bozeman Fire Station #2 – Fuel Line Insulation Andy, Thank you for the opportunity to provide insulation for the above referenced project. After review of the site I have prepared the following pricing. We offer supervision, labor and materials to insulate the fuel lines. Pricing Summary Provide & Install 1.5” Insulation and .016 Aluminum Jacketing on fuel lines where heat traced. TOTAL ADD…………………………………………$ 2,620.00 Please review and let me know if you have any questions. Sincerely, Kyle Myers Estimator/Project Manager 531 October 9, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 057 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 057 Add Corner Guards at Gym Doors REFERENCE: BFD Request Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:486.00$ We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 532 Martel ConstructionSpreadsheet ReportPage 1COR 057 Add 96in Stainless Steel Corner Guards10/9/2024 12:51 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount10-0000SPECIALTIES1Wall & Corner Guards2COR 057 Add 96in Stainless Steel CornerGuards2.00ea100351---4513 Wall & Corner Guards100351451 SPECIALTIES100351451Estimate TotalsDescriptionAmountTotalsHoursRateLabor1002.061hrsMaterial351SubcontractEquipmentOther451451General Liability Insurance40.890%Gross Receipts Tax51.000%Bond30.750%Construction Fee235.000%35486Total486533 DATE: 09/12/2024 SUBJECT: Bozeman Fire Station #2 LOCATION: ADDENDUMS: PROJECT BID DATE: We Are Pleased To Provide The Following Quote: 102600 Corner Guards Section: QTY Part # Item Manu. Total 102600 2 SAS-1828C-304 2” x 96” Stainless Steel Corner Guards Inpro TOTAL: $351.00 Qualifications: • Contractor to verify all quantities. Pricing subject to change. • SUPPLY ONLY, NO INSTALL • BID EXCLUDES KNOX BOXES • THIS QUOTE IS GOOD FOR 30 DAYS. PRICING SUBJECT TO REVIEW EVERY 30 DAYS UNTIL MATERIAL IS ORDERED BY MONTANA DOORWAYS PLUS DUE TO MARKET CONDITIONS. • A 50% DEPOSIT WILL BE REQUIRED ON ALL ORDERS, FOR CUSTOMERS WITHOUT A CREDIT ACCOUNT. • FOB: FULL FREIGHT ALLOWED TO THE NEAREST SHIPPING POINT • IF APPLICABLE, QUOTE DOES NOT INCLUDE SALES TAX SINCERELY, Cole Mclaughlin Estimator Division 8 & 10 534 October 9, 2024 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 058 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 058 Add and Swap out 3 Locksets to Passage REFERENCE: BFD Request Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:1,331.00$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 535 Martel ConstructionSpreadsheet ReportPage 1COR 057 Add 96in Stainless Steel Corner Guards10/9/2024 1:06 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount08-0000DOORS & WINDOWS1Door Hardware2Add Passage Locksets to 3 Doors3.00ea2001,035---1,2353 Door Hardware2001,0351,235 DOORS & WINDOWS2001,0351,235Estimate TotalsDescriptionAmountTotalsHoursRateLabor2004.119hrsMaterial1,035SubcontractEquipmentOther1,2351,235General Liability Insurance120.890%Gross Receipts Tax121.000%Bond90.750%Construction Fee635.000%961,331Total1,331536 1 Mike Wilkinson From:Dan Ruud <dan@mtdoorwaysplus.com> Sent:Wednesday, October 2, 2024 6:25 AM To:Mike Wilkinson Cc:Tim Shea; Jake Martel Subject:RE: Bozeman Fire Station - Passage Locksets Tim, 1 ea. passage set to match other locks $345.00 each. In stock Dan Ruud, President Montana Doorways Plus, Inc. 330 Skyway Blvd. Belgrade, MT 59714 406-871-4716 CELL 406-388-7995 EXT. 101 OFFICE dan@mtdoorwaysplus.com From: Mike Wilkinson <mwilkinson@martelconstruction.com> Sent: Tuesday, October 1, 2024 8:16 PM To: Dan Ruud <dan@mtdoorwaysplus.com> Cc: Tim Shea <TShea@martelconstruction.com>; Jake Martel <jakem@martelconstruction.com> Subject: Bozeman Fire Station - Passage Locksets Dan, Can you please send me a quote for the 3 Passage Locksets for the Bozeman Fire Station. I believe you said $345 each to Tim. Thanks, Mike Michael Wilkinson Project Manager Martel Construction, Inc. 1203 S. Church Avenue Bozeman, MT 59715 (406) 586-8585 Office | (406) 922-5529 Direct (406) 570-6638 Mobile 537 2  Save a tree. Please do not print this email unless necessary. 538 June 5, 2024City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 033 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 033 Generator Wire Feeds Alum Wire vs Copper Wire REFERENCE: Wire Feed Credit Dear : Jon Henderson,We propose to provide all labor, materials, and equipment required toperform the above mentioned work. Our lump sum quotation is basedon our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in anyway (omissions, etc.) please advise us.Other wise, our interpretation shall stand as correct.We have not been directed to proceed with the work per the terms of the contract.XWe have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0calendar days for a time extensionPlease note this proposal is valid for (10) calendar days from this date andour proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:(20,994.00)$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project ManagerJon Henderson - Strategic Services DirectorEnclosure(s)Estimate PDF CC.File539 Martel ConstructionSpreadsheet ReportPage 1BFS2 COR 024 - RFI #73 VRF System layout & changes6/6/2024 4:05 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount26-0000ELECTRICAL1Electrical2Generator Wire Feeds Alum Wire vs CopperWire(1.00)ls--(19,463)--(19,463)3 Electrical(19,463)(19,463) ELECTRICAL(19,463)(19,463)Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract(19,463)EquipmentOther(19,463)(19,463)General Liability Insurance(187)0.890%Gross Receipts Tax(195)1.000%Bond(149)0.750%Construction Fee(1,000)5.000%(1,531)(20,994)Total(20,994)540 3210 Canyon Ferry Rd 406-461-7374 office@slateelectrical.com Generator Wiring Copper vs. Aluminum Savings - COR 033 ATS to the Docking Station  Has five parallel runs between them.  4 runs of 400 copper of 600 aluminum in each.  1 run of 4/0 cooper or 350 Aluminum in each Panel 1L&1 to the existing generator  Has one run between them  3 runs of #3 Copper or #1 Aluminum  1 run of #8 Copper or #4 Aluminum Savings in switching from Copper to Aluminum would be $19,463.22 Cooper quoted $27,939.00 Aluminum quoted $8,553.20 541 542 543 544 This is a safe-printed document. 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The original attachment had 10 page(s). Safeprint maximum page count configuration is 10 page(s). Number of pages truncated are 0 page(s). 572 573 574 575 576 577 578 579 580 581 582 GMP AMENDMENT NO. 6 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Subparagraphs 3.7.1-3.7.4 and 4.1 of the Preconstruction Services Conditions Agreement between Owner and Construction Manager this amendment dated the 19th day of November, 2024, between City of Bozeman (“Owner”) and Martel Construction, Inc. (“Contractor”) for the Fire Station No. 2 Relocation Project, hereby establishes a Guaranteed Maximum Price and Contract Time for the portion of the Project as set forth below: GUARANTEED MAXIMUM PRICE FOR BOZEMAN FIRE STATION #2 FULL PROJECT The Construction Manager’s Guaranteed Maximum Price (GMP) for the Work, including the Cost of the Work and the Construction Manager’s Fee is as follows: Early Work Amendment No. 1 $302,663.00 General Requirements 14 Months $603,594.00 Site Work Complete $1,203,480.00 Building Construction $8,560,152.50 Subtotal $10,669,889.50 General Liability Insurance $103,061.00 Gross Receipts Tax $115,502.50 Builders Risk $11,892.00 Bond $86,685.50 Construction Fee $539,230.00 Construction Contingency $148,804.50 PV System Construction $123,402.00 AMENDMENT # 6 GUARANTEED MAXIMUM PRICE $11,798,467.00 CONTRACT TIME The anticipated date of Certificate of Occupancy for the Work outlined above is: December 31st, 2024 OWNER: CONTRACTOR: City of Bozeman Martel Construction, Inc. 121 N. Rouse Ave. 1203 S. Church Ave. Bozeman, MT 59715 Bozeman, MT 59715 By: __________________________ By: __________________________ Chuck Winn, Interim City Manager Jason Martel, Executive Vice President 583 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Shawn Kohtz, Director of Utilities SUBJECT:Resolution 5659, Authorizing Change Order 2 to the 2023 CIPP Projects MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5659 Authorizing Change Order 2 to the 2023 CIPP Projects STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Attached is a copy of resolution 5659 and change order number 2 for the above referenced project. This project includes the installation of cured in place pipe liner on several sections of sewer main in the City. During construction, some sections of sewer main were removed from the contract. Although the City did not pay for lining these section of sewer main, the contractor incurred expenses for materials costs. The proposed change order will compensate the City’s contractor for these expenses. A detailed description of the proposed change order and justification is shown in the attached letter to the City from DOWL, project engineer. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:Change order 2 will increase the contract amount by $31,553.83. Change order 1, approved on March 6, 2024, decreased the contract amount by $46,725.88. The original contract of $611,935.00 will decrease by $15,172.05 to $596,762.95 as a result of change order 1 and change order 2. The cost of this project was paid for by funding from the City’s annual wastewater pipe replacement fund, WW08. Attachments: Resolution 5659.doc Change Order 2 & Supporting Information Report compiled on: October 24, 2024 584 1 of 2 COMMISSION RESOLUTION NO. 5659 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH ALLIED TRENSHLESS, CHELAN, WASHINGTON WHEREAS,the City Commission did, on the 8TH day of March 2023, authorize award of the bid for the 2023 CIPP Projects, to Allied Trenchless, Chelan, Washington; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS,it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, andAllied Trenchless, as contained in Change Order No. 2,attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. 585 Resolution No. 5659, Change Order 2 for 2023 CIPP Projects 2 of 2 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ____ day of ____________, 2024 __________________________________________ TERRY CUNNINGHAM Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _____________________________________________ GREG SULLIVAN City Attorney 586 406-586-8834 ■ 1283 North 14th Avenue, Suite 101 ■ Bozeman, Montana 59715 ■ www.dowl.com October 23, 2024 Mr. Kellen Gamradt City of Bozeman 20 East Olive P.O. Box 1230 Bozeman, MT 59715 Subject: 2022 CIPP Projects Dear Mr. Gamradt: As you are aware, several sections of the planned cured in place pipe (CIPP) installations were deleted from the scope of work included in the project bidding documents, as follows: 549 lineal feet of 8-inch CIPP: This section of existing sewer was subject to replacement as part of constructing the new Combined State Laboratory facility adjacent to Marsh Lab. After bidding and procurement of materials we all became aware of this project affecting the subject sewer mains such that these sections of sewer did not need to have the CIPP liner rehabilitation work completed. The contractor, Allied Trenchless, was made aware of this, but the materials had already been procured. 348 lineal feet of 21-inch CIPP: This section of 21-inch sewer was very encumbered with tree roots and flowing approximately 25% full during the video inspection of this section of sewer. The upper portions of the existing pipe showed numerous cracks but nothing that would prohibit lining the existing pipe. The portion under water was not visible and could not be easily dewatered without a complex bypass and expensive pump set up to allow video inspection with little to no water flowing down the main. Once Allied Trenchless set up a bypass of the water flow and proceeded to clean this section of sewer main, extensive damage was exposed. The damage along the lower section of the pipe included numerous breaks, offsets and protruding sections of the clay tile pipe. The tree roots in this area had exerted enough pressure over time to effectively crush the lower sections of the pipe and push sections of pipe up into the flow line. The extensive damage would not allow a liner to be safely pulled into this section without damaging the liner, and the resulting flow line would not be acceptably smooth for a sewer main. This portion of sewer main was deleted from the scope of work, but again, the material had already been procured and cut specifically to length for this section of sewer main. It is worth noting the bid prices among the five bidders for the required bypass pumping on the project ranged from $50,000 to $170,000. Thus, to complete the bypass pumping to dewater the mains for the video inspection would have required a significant additional cost in advance of construction. Allied Trenchless is asking for compensation for the custom materials that could not be used on the project and/or readily used on any other project. They are not asking for the labor costs of the required preconstruction field measurements, transport back to Washington and disposal of the unused material estimated at a cost of $6,200. The specific ultraviolet light cured material has a short shelf life and cannot sit in storage indefinitely. 587 Page 2 of 3 The construction contract addresses unit price items in the Instructions to Bidders, as follows: INSTRUCTIONS TO BIDDERS Any contract documents for which the City of Bozeman acts as the contracting agent,(i.e., signatory to the contract), shall include the following additions or changes to the Montana Public Works Standard Specifications. BID QUANTITIES Bidders must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities. The estimated unit quantities of the various classes of work to be done under this contract are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. The Contractor agrees that, during progress of the work, the Owner may find it advisable to omit portions of the work, to increase or decrease the quantities as may be deemed necessary or desirable, that the actual amount of work to be done and materials to be furnished may differ from the estimated quantities, and that the basis for payment under this contract shall be the actual amount of work done and the materials furnished. The Contractor agrees that he will make no claim for damages, anticipated profits or otherwise on account of any difference which may be found between quantities of work actually done and the estimated quantities. The applicability of this section of the construction contract to custom materials is the point of contention with Allied Trenchless. Typically, extra pipe, valves, fittings, etc. can be returned, provided to the owner or kept for future projects. This is not the case for the custom CIPP liner material. While each section of pipe lined may have some adjustment in quantity by a few feet either way, deleting entire sections from the project leads to a significant change in scope and cost with no readily available means to otherwise utilize the material and/or recover these material costs. Thus, the custom nature of these materials challenges the applicability of this contract provision. While Allied has agreed to not charge for some of the costs associated with the unused portions of the material, they are still requesting payment for the actual materials. As noted in Article 10 of the General Conditions, the Owner reserves the right to modify the work without invalidating the Contract. Articles 10, 11 and 12 further detail the process for resolving the impacts of such changes on the contract price and time for completion. This request is within the scope of these Articles and subject to negotiated amounts as proposed herein. As noted, Allied has requested only the cost of the materials with no other handling costs, or allowances for markups, fees or profit, as described and allowed in Article 12. 588 Page 3 of 3 Please find attached a proposed change order for the City’s consideration of payment for the materials, as described. Please let us know if you have further questions or need additional information to facilitate review. Sincerely, DOWL Kevin R. Johnson, PE Project Manager Attachment(s): As stated 589 Page 1 of 2 Change Order #1 – 2023 CIPP Projects CHANGE ORDER No. 02 DATE OF ISSUANCE October 23, 2024 EFFECTIVE DATE October 23, 2024 OWNER City of Bozeman CONTRACTOR Allied Trenchless Contract: 2023 CIPP Projects Project: 2023 CIPP Projects OWNER's Contract No. ENGINEER City of Bozeman ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Item CO2: Compensation for custom liner materials deleted from the scope, including 549 feet of 8-inch CIPP and 348 feet of 21-inch CIPP. Attachments: 1. Allied Trenchless Correspondence 2. DOWL Review Letter CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 611,935.00 Original Contract Times: 77 Calendar Days Substantial Completion: 77 Calendar Days Ready for final payment: 77 Calendar Days (days or dates) Net Increase (Decrease) from previous Change Orders No. 1 to 1 : $ (46,725.88) Net change from previous Change Orders No. to No. : Substantial Completion: 0 Ready for final payment: 0 (days) Contract Price prior to this Change Order: $ 565,209.12 Contract Times prior to this Change Order: Substantial Completion: 77 Ready for final payment: 77 (days or dates) Net (increase) of this Change Order: $ 31,553.83 Net increase (decrease) this Change Order: Substantial Completion: 0 Ready for final payment: 0 (days) Contract Price with all approved Change Orders: $ 596,762.95 Contract Times with all approved Change Orders: Substantial Completion: 77 Ready for final payment: 77 (days or dates) 590 Page 2 of 2 Change Order #1 – 2023 CIPP Projects Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: 10/23/2024 (ENGINEER - Signature) Date OWNER (Authorized Signature) Date 591 246 W Manson Hwy #126, Chelan, WA 98816 509-662-6622 alliedtrenchless@gmail.com License #s: WA: alliepp914ma – OR CCB#: 220307 – AK: 131615 – UT: 11105197-5501 – MT: 236684 Project: 2023 CIPP Projects – Bozeman, MT Compensation Request – Cancelled Liners Allied is requesting compensation for the following liners that were cancelled from the project after they were procured: We discussed this at a meeting shortly after the liners were cancelled, and the City was understanding of the fact that these were specially ordered for this project, so they are not likely to be able to be used elsewhere. We are requesting compensation for the cost of the liners, crates, and shipping cost based on the attached invoice. Allied also accumulated costs to measure the lines and to remove the liners from the project site. We are also likely to accrue costs to dispose of the unused liners. We are not asking for the City to pay for these additional costs, just the costs specified above. Please let us know if you need anything else to process this change order. Take care, Stephanie Lewis Project Manager Allied Trenchless 509-855-5070 stephanie.alliedplumbingllc@gmail.com Location Size Thicknes s Length - Plans Length - Measure Length - Order Cost per ft Crate Cost Weight Shipping Cost Total Cost MH 10617 - 10618 8"3mm 76 77 83 17.51$ 66.35$ 230 84.66$ 1,604.17$ MH 10618 - 10619 8"3mm 246 248 254 17.51$ 203.04$ 704 259.07$ 4,909.14$ MH 10619 - 10620 8"3mm 227 242 248 17.51$ 198.24$ 687 252.95$ 4,793.17$ MH F0204 - F0205 21"4mm 348 350 356 51.66$ 425.04$ 3888 1,431.34$ 20,247.34$ Total 31,553.83$ 592 1 Kevin Johnson From:Stephanie Lewis <stephanie.alliedplumbingllc@gmail.com> Sent:Wednesday, October 23, 2024 12:05 PM To:Kevin Johnson Cc:Tyson Bafford Subject:Re: [EXT] Re: Bozeman Pay Request Attachments:Allied Change Order Proposal - 10-23-24.pdf Categories:Filed by Newforma Hi Kevin, Tyson and I just went over our numbers to get you something on this. We estimated that the total cost to send 2 technicians to measure all 18 lines on the project (labor, travel, per diem, etc.) is approximately $300 per line, so cancelling 4 lines incurred about $1200 of costs that would have been paid under those bid items. Removing of the unused liners from Bozeman (labor, equipment, travel, and disposal costs) cost roughly $5,000. Regarding your question about quantities, I don't know what numbers you are looking at. I copied the numbers out of my ordering spreadsheet where I compare the length of each line in the plans, our field measurements, and the quantity that I actually order for that line, which includes an extra 6 feet per segment that is needed to properly install the liner through the cans and provides a section to trim off and submit for testing. For the crate and shipping costs, I am not seeing the math I used to divide the costs for the various crates and freight. Looking at it again, I realize that I was thinking of this like each 8" line was half of a crate, and I was dividing the freight costs by crate instead of by weight. I just re-worked the crate and shipping costs and am attaching the update. Please let me know if that works or if you need further details. Thank you, Stephanie Lewis Project Manager Allied Plumbing and Pumps LLC Allied Trenchless 509-855-5070 stephanie.alliedplumbingllc@gmail.com To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. This e-mail may contain confidential and/or privileged information. If you are not the intended recipient (or have received this e- mail in error) please notify the sender immediately and destroy this e-mail. Any unauthorized copying, disclosure or distribution of the material in this e-mail is strictly forbidden. 593 246 W Manson Hwy #126, Chelan, WA 98816 509-662-6622 alliedtrenchless@gmail.com License #s: WA: alliepp914ma – OR CCB#: 220307 – AK: 131615 – UT: 11105197-5501 – MT: 236684 Project: 2023 CIPP Projects – Bozeman, MT Compensation Request – Cancelled Liners Allied is requesting compensation for the following liners that were cancelled from the project after they were procured: We discussed this at a meeting shortly after the liners were cancelled, and the City was understanding of the fact that these were specially ordered for this project, so they are not likely to be able to be used elsewhere. We are requesting compensation for the cost of the liners, crates, and shipping cost based on the attached invoice. Allied also accumulated costs to measure the lines and to remove the liners from the project site. We are also likely to accrue costs to dispose of the unused liners. We are not asking for the City to pay for these additional costs, just the costs specified above. Please let us know if you need anything else to process this change order. Take care, Stephanie Lewis Project Manager Allied Trenchless 509-855-5070 stephanie.alliedplumbingllc@gmail.com Location Size Thicknes s Length - Plans Length - Measure Length - Order Cost per ft Crate Cost Shipping Cost Total Cost MH 10617 - 10618 8"3mm 76 77 83 17.51$ 354.20$ 209.42$ 2,129.50$ MH 10618 - 10619 8"3mm 246 248 254 17.51$ 596.20$ 640.87$ 5,931.51$ MH 10619 - 10620 8"3mm 227 242 248 17.51$ 596.20$ 625.73$ 5,808.30$ MH F0204 - F0205 21"4mm 348 350 356 51.66$ 596.20$ 898.22$ 20,184.27$ Total 34,053.58$ 594 INVOICE Tropical Trenchless LLC 370 Harbour Dr Humacao, PR 00791 tropicaltrenchless@gmail.com +1 (509) 699-9912 Allied Plumbing and Pumps LLC Bill to Allied Plumbing and Pumps LLC 246 W Manson Hwy #126 Chelan, WA 98816 US Ship to Allied Plumbing and Pumps LLC 246 W Manson Hwy #126 Chelan, WA 98816 US Invoice details Invoice no.: 1013 Terms: Net 30 Invoice date: 12/01/2023 Due date: 12/30/2023 #Date Product or service SKU Qty Rate Amount 1.Saertex-Liner Multi Type S+ Standard DN 525 (21") /WT 4, UV- Liner with UP-Resin MLIP1IL 637.01 $51.66 $32,907.94 Saertex-Liner Multi Type S+ Standard DN 525 (21") /WT 4, UV-Liner with UP-Resin 2.SAERTEX Safety Cap Type S DN 525 / 1,5m long MSK00 4 $58.932 $235.73 SAERTEX Safety Cap Type S DN 525 / 1,5m long 3.Gliding foil flat width 750 mm MFOGL 1 $864.00 $864.00 Gliding foil flat width 750 mm 4.Saertex-Liner Multi Type S+ Standard DN 525 (21") /WT 4, UV- Liner with UP-Resin MLIP1IL 717 $51.66 $37,040.22 Saertex-Liner Multi Type S+ Standard DN 525 (21") /WT 4, UV-Liner with UP-Resin 5.SAERTEX Safety Cap Type S DN 525 / 1,5m long MSK00 4 $58.932 $235.73 SAERTEX Safety Cap Type S DN 525 / 1,5m long 6.Gliding foil flat width 750 mm MFOGL 1 $864.00 $864.00 Gliding foil flat width 750 mm 7.Saertex-Liner Multi Type S+ Standard DN 525 (21") /WT 4, UV- Liner with UP-Resin MLIP1IL 356 $51.66 $18,390.96 Saertex-Liner Multi Type S+ Standard DN 525 (21") /WT 4, UV-Liner with UP-Resin 8.SAERTEX Safety Cap Type S DN 525 / 1,5m long MSK00 2 $58.932 $117.86 SAERTEX Safety Cap Type S DN 525 / 1,5m long 595 9.Gliding foil flat width 750 mm MFOGL 1 $864.00 $864.00 Gliding foil flat width 750 mm 10.Saertex-Liner Multi Type S+ Standard DN 525 (21") /WT 6, UV- Liner with UP-Resin MLIP1IL 261.02 $65.604 $17,123.96 Saertex-Liner Multi Type S+ Standard DN 525 (21") /WT 6, UV-Liner with UP-Resin 11.SAERTEX Safety Cap Type S DN 525 / 1,5m long MSK00 2 $58.932 $117.86 SAERTEX Safety Cap Type S DN 525 / 1,5m long 12.Saertex-Liner Multi Type S+ Standard DN 525 (21") /WT 4, UV- Liner with UP-Resin MLIP1IL 636.48 $51.66 $32,880.56 Saertex-Liner Multi Type S+ Standard DN 525 (21") /WT 4, UV-Liner with UP-Resin 13.SAERTEX Safety Cap Type S DN 525 / 1,5m long MSK00 4 $58.932 $235.73 SAERTEX Safety Cap Type S DN 525 / 1,5m long 14.Gliding foil flat width 750 mm MFOGL 1 $864.00 $864.00 Gliding foil flat width 750 mm 15.SAERTEX-Liner Multi Type S+ Standard DN 200 (8") / WT 3 UV liner with UP-Resin MLIP1IL 1670.01 $16.776 $28,016.09 SAERTEX-Liner Multi Type S+ Standard DN 200 (8") / WT 3 UV liner with UP-Resin 16.SAERTEX Safety Cap Type S DN 200 (8") / 5 Feet Long MSK00 14 $28.332 $396.65 SAERTEX Safety Cap Type S DN 200 (8") / 5 Feet Long 17.SAERTEX Safety Cap Type S DN 200 / 1,5 m long with zip MSKR0 4 $73.632 $294.53 SAERTEX Safety Cap Type S DN 200 / 1,5 m long with zip 18.Gliding Foil flat width 180 mm MFOGL 2 $216.00 $432.00 Gliding Foil flat width 180 mm 19.SAERTEX-Liner Multi Type S+ Standard DN 200 (8") / WT 3 UV liner with UP-Resin MLIP1IL 895.64 $17.508 $15,680.87 SAERTEX-Liner Multi Type S+ Standard DN 200 (8") / WT 3 UV liner with UP-Resin 20.SAERTEX Safety Cap Type S DN 200 (8") / 5 Feet Long MSK00 6 $28.332 $169.99 SAERTEX Safety Cap Type S DN 200 (8") / 5 Feet Long 21.Gliding Foil flat width 180 mm MFOGL 2 $216.00 $432.00 Gliding Foil flat width 180 mm 22.Non-returnable box (LxWxH) 300x180x160 cm MTKEW 2 $715.44 $1,430.88 Non-returnable box (LxWxH) 300x180x160 cm 23.Non-returnable box (LxWxH) 220x178x105cm MTKEW 1 $715.44 $715.44 Non-returnable box (LxWxH) 220x178x105cm 24.Non-returnable box (LxWxH) 220x96x105cm MTKEW 2 $715.44 $1,430.88 Non-returnable box (LxWxH) 220x96x105cm 25.Non-returnable box (LxWxH) 220x123x105cm MTKEW 1 $425.04 $425.04 Non-returnable box (LxWxH) 220x123x105cm 596 26.XST 1 $850.08 $850.08 XST 27.Services 1 $15,732.00 $15,732.00 Freight Charge Note to customer Project Name: Bozeman, MT Total $208,749.00 597 Memorandum REPORT TO:City Commission FROM:Shane Miller, Facilities Project Coordinator David Arnado, Facilities Superintendent SUBJECT:Resolution 5660, Authorizing the Use of an Alternative Project Delivery Contract for a General Contractor Construction Manager for Preconstruction and Construction Services for the Bogert Pool Renovation Project MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution No. 5660 Authorizing the Use of an Alternative Project Delivery Contract for a General Contractor / Construction Manager for Preconstruction and Construction Services for the Bogert Pool Renovation Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:In 2005, the Montana Legislature created an alternative project delivery process for certain construction projects of the state and local government. MCA 18-2-502 establishes requirements that must be met in order to use an alternative project delivery contract, including a written justification. City staff recommends using the General Contractor/Construction Manager (GC/CM) process in the Bogert Pool Renovation. Ever increasing demand, in addition to the aging of Bogert Facility, has resulted in the need to pursue outdoor pool renovations as well as some necessary equipment upgrades and possible addition of updated perimeter security (fencing) to benefit the facility, City Safety Services (police), as well as the surrounding community. In the past the City has successfully used an alternative project delivery process in the construction of several municipal construction projects including the Public Library, the Parking Garage, Fire Station 3, the Anderson Pavilion at Bogert Park, and the Public Safety Center. The GC/CM delivery method is intended to create a more collaborative relationship between the City and general contractor that is not found in a traditional design-bid-build delivery method. The GC/CM model involves the general contractor early in the process to review constructability, methods and means, and long term durability. The GC/CM will also provide a guaranteed maximum price (GMP) for the project which will assist in the Bogert Pool Renovation, at or below, budget. We have found that involving the contractor at this stage of the process results in better cost estimates and reduced change orders. Even though the contractor provides a GMP, the elements of construction are still 598 bid to ensure competitive prices are received by the City. UNRESOLVED ISSUES:None At This Time ALTERNATIVES:As Suggested by City Commission FISCAL EFFECTS:Fiscal Effects Pending Attachments: Commission_Resolution_5660.pdf Report compiled on: November 7, 2024 599 Resolution 5660, Authorize Use of Alternative Project Delivery Contract for GC/CM for Bogert Pool Renovation RESOLUTION 5660 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE USE OF AN ALTERNATIVE PROJECT DELIVERY CONTRACT FOR A GENERAL CONTRACTOR / CONSTRUCTION MANAGER FOR PRECONSTRUCTION AND CONSTRUCTION SERVICES FOR THE BOGERT POOL RENOVATION WHEREAS, the City of Bozeman is proceeding with the Bogert Pool Renovation and is in need of a General Contractor / Construction Manager to provide preconstruction and construction services; and WHEREAS, Sec. 18-2-502, MCA, authorizes a local governing body, upon adoption of a resolution to use an alternative project delivery contract upon showing specific statutory criteria have been met; and WHEREAS, the City Commission determines the use of a general contractor/construction manager for preconstruction and construction services is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 The Bozeman City Commission hereby authorizes the use of an alternative delivery project contract for a General Contractor / Construction Manager for services related to the Bogert Pool Renovation. Section 2 The City Commission determines: 600 Resolution 5660, Authorize Use of Alternative Project Delivery Contract for GC/CM for Bogert Pool Renovation 1.The City has knowledgeable staff including the Strategic Services Director as Project Manager, City Attorney, and Facilities Superintendent, and its Architectural and Engineering consultants, who have the capacity to manage an alternative project delivery contract. 2.The contract will be awarded in a manner consistent with state law and City policies through publication of a request for qualifications and a request for proposals submitted to qualified applicants with a final selection to be made upon merit and qualifications. The process will be conducted in a manner that will not encourage favoritism or bias nor substantially diminish competition, by conducting the process in such a manner that only qualified contractors will be eligible, and that the award of the contract will be based on experience and expertise of the applicants. 3.The contract between the City and the General Contractor / Construction Manager will require all subcontractors to be selected through a competitive bidding process in compliance with applicable state and local law. Section 3 The City Commission determines that by using a General Contractor / Construction Manager, the involvement of such a professional will contribute to significant cost savings for the Bogert Pool Renovation. Significant cost savings that justify an alternative project delivery contract in this case derive from but are not limited to value engineering, life cycle analysis, and construction planning. In addition, the City Commission determines the project presents significant complexities related to the phasing of construction that necessitate the use of a General Contractor / Construction Manager. 601 Resolution 5660, Authorize Use of Alternative Project Delivery Contract for GC/CM for Bogert Pool Renovation PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of November, 2024. ___________________________________ TERRY CUNNINGHAM Mayor ATTEST: ______________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 602 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Erin George, Community Development Interim Director SUBJECT:Ordinance 2174, Provisional Adoption of the Rest Stop Zone Map Amendment Amending Zoning on 10.05 Acres from M-1 Light Manufacturing District to B-2 Community Business District Located East of the Intersection of N. 19th And Valley Center, And Providing An Effective Date, Application 24185 MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisional Adoption of Ordinance 2174. 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 conducted a public hearing on this application on September 24, 2024. After consideration of all required criteria and materials the Commission approved the application with contingencies to complete processing. The applicant has provided all required materials to comply with contingencies. This provisional adoption is the first of the two steps to adopt the required ordinance to implement the zone map amendment. UNRESOLVED ISSUES:None ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:None. Attachments: Rest Stop ZMA Ord 2174 - App. 24185.docx 001 Zone Map.pdf Report compiled on: October 24, 2024 603 Ord 2174 Page 1 of 5 ORDINANCE 2174 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO AMEND THE ZONING MAP ON 10.05 ACRES FROM M-1 LIGHT MANUFACTURING DISTRICT TO B-2 COMMUNITY BUSINESS DISTRICT KNOWN AS THE REST STOP ZONE MAP AMENDMENT, APPLICATION 24185. WHEREAS,the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, the Community Development Board has been assigned the duties of the City of Bozeman Zoning Commission; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to amend 10.05 acres from M-1 Light Manufacturing District to B-2 Community Business District has been properly submitted, reviewed, and advertised; and 604 Ordinance No. 2174, Rest Stop Zone Map Amendment Page 2 of 5 WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on August 19, 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 the Bozeman City Commission that application No. 24185 the Rest Stop Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on September 24, 2024, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the 605 Ordinance No. 2174, Rest Stop Zone Map Amendment Page 3 of 5 application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the application. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation,all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the Baxter 80 Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby designated as B-2, Community Business District: An area of land comprised described as follows: A parcel of land being Lots 1, 2, and 3 of Tract 1, of the Gardiner-Simmental Subdivision, together with the vacated portion of Bannock Stage Court and Simmental Way as shown on Plat J-5-E and recorded in Doc #2816581. Located in the Northeast Quarter of Section 35, Township 1 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, more particularly described as follows; Beginning at a 1” Iron Pipe located at the southwest corner of Tract 1 of said Gardiner- Simmental Subdivision; thence N 89°25'56" E a distance of 730.65' to a bent 5/8” rebar at the Southeast corner of said Tract 1; thence 625.70’ along a curve concave to the west, with a radius of 4187.50', with a chord bearing of N 17°02'14" W, with a chord length of 625.11 ' to a calculated position; thence S 83°29'33" W a distance of 111.55' to a calculated position; thence N 43°15'30" W a distance of 160.88' to a calculated position; thence N 52°52'45" W a distance of 45.29' to a calculated position; thence N 78°14'28" W a distance of 142.81' to a calculated position; thence S 71°52'28" W a distance of 154.51' to a calculated position; thence S 00°17'18" W a distance 606 Ordinance No. 2174, Rest Stop Zone Map Amendment Page 4 of 5 of 417.82' to a calculated position; thence S 00°17'18" W a distance of 300.00' the Point of Beginning, containing 437,774 square feet, or 10.050 acres. SUBJECT to all easements of record or apparent from visual inspection of the property. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 7 607 Ordinance No. 2174, Rest Stop Zone Map Amendment Page 5 of 5 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 19 th day of November, 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 3rd day of December, 2024. The effective date of this ordinance is the 2 nd day of January, 2025. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 608 609 Memorandum REPORT TO:City Commission FROM:Mayor Terry Cunningham SUBJECT:Mayoral Proclamation Proclaiming Small Business Saturday MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Mayoral Proclamation Proclaiming Small Business Saturday STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:To proclaim Saturday, November 30th as Small Business Saturday. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: Proclamation for Small Business Saturday.docx Report compiled on: October 18, 2024 610 Proclamation of Small Business Saturday Whereas, the City of Bozeman celebrates our local small businesses and the contributions they make to our local economy and community; and Whereas, according to the United States Small Business Administration, there are 34.7 million small businesses in the United States, small businesses represent 99.7% of firms with paid employees, small businesses are responsible for 61.1% of net new jobs created since 1995,and small businesses employ 45.9% of the employees in the private sector in the United States, and Whereas,68 cents of every dollar spent at a small business in the U.S. stays in the local community and every dollar spent at small businesses creates an additional 48 cents in local business activity as a result of employees and local businesses purchasing local goods and services; and Whereas, 59% of U.S. consumers aware of Small Business Saturday shopped or ate at a small, independently owned retailer or restaurant on Small Business Saturday 2023; and Whereas,Bozeman supports our local businesses that create jobs, boost our local economy, and preserve our communities; and Whereas, advocacy groups, as well as public and private organizations, across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. Now, Therefore, I, Terry Cunningham, Mayor of Bozeman, Montana do hereby proclaim, November 30, 2024, as SMALL BUSINESS SATURDAY And urge the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and Shop Small throughout the year. Signed and Presented this 19th day of November 2024. _________________________________ Terence Cunningham Mayor Bozeman, Montana 611 Memorandum REPORT TO:City Commission FROM:Renata Munfrada, Community Housing Program Coordinator David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Public Hearing for Sage Peak Apartments Low-income Housing Tax Credit Application to Montana Housing MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Public Hearing for Sage Peak Apartments Low-Income Housing Tax Credit Application to Montana Housing STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:Alder Ridge Apartments, LLC, in partnership with Hearthstone Group, a non- profit specializing in preservation and development of affordable housing, are soliciting public comment on community housing needs in relation to the low-income rental housing complex to be constructed at Graf Street and South 19th Avenue. The Alder Ridge and Sage Peak Apartments apartments are both part of Site Plan application 24122. The applicant has submitted a Letter of Interest (LOI) for the issuance of tax-exempt bonds and 4% Low-Income Housing Tax Credits (LIHTC) through the Montana Board of Housing and will extend the affordability commitments. The portion of the site to be called Sage Peak Apartments will have 101 affordable senior (55+) housing units consisting of 59 one-bedroom units and 42 two-bedroom units. All of the units will be income restricted for a period of no less than 30 years. The project will be utilizing the Affordable Housing Ordinance (AHO) Deep Incentives. UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. 612 Attachments: Project Description - Sage Peak.pdf Report compiled on: November 7, 2024 613 2809 Great Northern Loop, Suite 100 Missoula, Montana 59808 Telephone (406) 721-8896 • Fax (406) 541-8037 • bjorlaw@bjornsonlaw.com September 13, 2024 RE: Sage Peak Apartments (Senior) To All Interested Persons: Sage Peak Apartments, LLC, in partnership with Hearthstone Group, a Washington non-profit corporation specializing in preservation and development of affordable housing, are soliciting public comment on community housing needs in relation to the following low-income rental housing complex to be constructed at the following address in Bozeman, Montana: Project Name Address Number of units Sage Peak Apartments Graf St & S 19th Ave 101 (senior) Bozeman, MT 59718 This complex will consist of fifty-nine (59) one-bedroom units, and forty-two (42) two-bedroom units for seniors. The parties are seeking a 4% low-income housing tax credit allocation from the Montana Board of Housing to construct and preserve the affordability of the property and are planning to apply for the exemption from real property taxes available to qualifying low-income housing tax credit projects under Montana Code Annotated Section 15-6-221. As part of the application process for low-income housing tax credits, and pursuant to the statutory requirements for this exemption, there must be an opportunity to comment on whether this low-income rental housing project meets a community housing need. No vote or action on behalf of the local agency is required in relation to this opportunity for public comment. Please see attached project summary for additional project information. Do not hesitate to contact me if you have any questions or if you need any further information about this project. Thank you. Very Truly Yours, BJORNSON JONES MUNGAS, PLLC Kassy J. Buss (406) 721-8896 kassy@bjornsonlaw.com Attachment 614 Sage Peak Executive Summary Property Description Sage Peak is located at the corner of S 19th and Graf St in Bozeman, MT. The property will consist consists of 101 senior (55+)-units split between 59 one-bedrooms and 42 two-bedrooms in one four-story residential buildings. The project will utilize income averaging. The below table depicts set asides by unit type. Bedrooms Bathrooms Set Asides Unit Count 1 BR 1 BA 40% 7 1 BR 1 BA 50% 9 1 BR 1 BA 60% 24 1 BR 1 BA 70% 19 2 BR 2 BA 50% 10 2 BR 2 BA 60% 18 2 BR 2 BA 70% 14 Property management’s offices and most of the community amenities consisting of a fireplace, TV, tables and seating, kitchen, and community gathering space, will be located on the ground floor of the building. Additional amenities such as extra storage, an exercise room, and a library will be located on higher floors, with a dog park located just outside of the building. Each home will be outfitted with amenities that include a fully equipped kitchen with a dishwasher, microwave, and refrigerator. Construction will begin in Q1 of 2024 and is anticipated to conclude in Q4 of 2026. DevCo will seek a new issuance of tax-exempt bonds and 4% LIHTCs through the Montana Board of Housing and record a restrictive covenant(s) legitimizing the property’s long-term affordability. Management The property will be managed by DevCo Residential Property Management (DRPM), an affiliate of DevCo Residential Group. DRPM manages all of DevCo’s Montana assets. DevCo Mission Statement DevCo Preservation uses its extensive experience in the management, construction and financing of affordable housing to revitalize existing properties and build long lasting communities. By planning extensive renovations and making long-term affordability commitments DevCo Preservation provides quality, affordable housing in growing markets where it is needed most. 615 Memorandum REPORT TO:City Commission FROM:Renata Munfrada, Community Housing Program Coordinator David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Public Hearing for Alder Ridge Apartments Low-income Housing Tax Credit Application to Montana Housing MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Public Hearing for Alder Ridge Apartments Low-Income Housing Tax Credit Application to Montana Housing STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:Alder Ridge Apartments, LLC, in partnership with Hearthstone Group, a non- profit specializing in preservation and development of affordable housing, are soliciting public comment on community housing needs in relation to the low-income rental housing complex to be constructed at Graf Street and South 19th Avenue. The Alder Ridge and Sage Peak Apartments apartments are both part of Site Plan application 24122. The applicant has submitted a Letter of Interest (LOI) for the issuance of tax-exempt bonds and 4% Low-Income Housing Tax Credits (LIHTC) through the Montana Board of Housing and will extend the affordability commitments. The portion of the site to be called Alder Ridge Apartments will have 240 affordable housing units consisting of 96 one-bedroom units, 80 two- bedroom units, 48 three-bedroom units, and 16 four-bedroom units. The units at Alder Ridge will be income-averaged at 60% AMI and will not exceed 80% AMI. All of the units will be income restricted for a period of no less than 30 years. The project will be utilizing the Affordable Housing Ordinance (AHO) Deep Incentives. UNRESOLVED ISSUES:None. ALTERNATIVES:None. 616 FISCAL EFFECTS:None. Attachments: Project Description - Alder Ridge.pdf Report compiled on: November 7, 2024 617 2809 Great Northern Loop, Suite 100 Missoula, Montana 59808 Telephone (406) 721-8896 • Fax (406) 541-8037 • bjorlaw@bjornsonlaw.com September 13, 2024 RE: Alder Ridge Apartments (Family) To All Interested Persons: Alder Ridge Apartments, LLC, in partnership with Hearthstone Group, a Washington non-profit corporation specializing in preservation and development of affordable housing, are soliciting public comment on community housing needs in relation to the following low-income rental housing complex to be constructed at the following address in Bozeman, Montana: Project Name Address Number of units Alder Ridge Apartments Graf St & S 19th Ave 240 (multifamily) Bozeman, MT 59718 This complex will consist of ninety-six (96) one-bedroom units, eighty (80) two-bedroom units, forty-eight (48) three-bedroom units, and sixteen (16) four-bedroom units. The parties are seeking a 4% low-income housing tax credit allocation from the Montana Board of Housing to construct and preserve the affordability of the property and are planning to apply for the exemption from real property taxes available to qualifying low-income housing tax credit projects under Montana Code Annotated Section 15-6-221. As part of the application process for low-income housing tax credits, and pursuant to the statutory requirements for this exemption, there must be an opportunity to comment on whether this low-income rental housing project meets a community housing need. No vote or action on behalf of the local agency is required in relation to this opportunity for public comment. Please see attached project summary for additional project information. Do not hesitate to contact me if you have any questions or if you need any further information about this project. Thank you. Very Truly Yours, BJORNSON JONES MUNGAS, PLLC Kassy J. Buss (406) 721-8896 kassy@bjornsonlaw.com Attachment 618 Alder Ridge Executive Summary Property Description Alder Ridge is located at the corner of S 19th and Graf St in Bozeman, MT. The property will consist consists of 240 family-units split between 96 one-bedrooms, 80 two-bedrooms, 48 three-bedrooms, and 16 four-bedrooms across 8 four-story walkup residential buildings. A centrally located community center will be provided as well. Community amenities will offer residents a playground, outdoor grilling and picnic areas, extra storage space, a dog park, an exercise room, community kitchen, amazon lockers, and an on-site property manager. Each home will be outfitted with amenities that include a fully equipped kitchen with a dishwasher, microwave, and refrigerator. Construction will begin in Q1 of 2024 and is anticipated to conclude in Q4 of 2026. DevCo will seek a new issuance of tax-exempt bonds and 4% LIHTCs through the Montana Board of Housing and will extend the affordability commitments. 100% of the units will be set at 60% set asides. Management The property will be managed by DevCo Residential Property Management (DRPM), an affiliate of DevCo Residential Group. DRPM manages all of DevCo’s Montana assets. DevCo Mission Statement DevCo Preservation uses its extensive experience in the management, construction and financing of affordable housing to revitalize existing properties and build long lasting communities. By planning extensive renovations and making long-term affordability commitments DevCo Preservation provides quality, affordable housing in growing markets where it is needed most. 619 Memorandum REPORT TO:City Commission FROM:Sarah Rosenberg, Historic Preservation Officer/Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Bozeman Landmark Project, Work Session on Initial Guidance Report; Application 22388 MEETING DATE:November 19, 2024 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Receive presentation, discussion, and feedback to staff and consultant. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Historic Preservation Program began in the early 1980's when a comprehensive historic architecture survey of the "historic portion" of the city was conducted. Surveying over 3,000 properties provided the foundation to nominate ten National Historic Districts in subsequent years, adopt historic preservation regulations, and create the Neighborhood Conservation Overlay District (NCOD) in 1991. Since then, the current regulations in Section 38.340 of the Bozeman Municipal Code have been applied to new development and alterations within the historic districts or the NCOD via the Certificate of Appropriateness (COA) process. Reports evaluating the NCOD were prepared in both 2015 and 2019 that note the successes of the NCOD and the Historic Preservation program as a whole, but also recommend changes. The Bozeman Landmark Program project will do the following: Evaluate Section 38.340 of the Unified Development Code - where all things historic preservation and standards for the NCOD reside; Assess the review criteria and standards for certificate of appropriateness applications; Reevaluate the NCOD - determine the effectiveness of the district and its boundary and how it relates to the historic preservation program as a whole since this project is looking at the entire city and not just the NCOD; Create a Landmark Program and nomination process which can identify places of importance that may not be recognized as significant at the National level and can establish its own locally-specific standards and regulations. The project is divided into two phases. The first phase focuses on research 620 and community engagement, culminating in policy recommendations. The second phase will put the recommendations into action (subject to City Commission authorization) by drafting and preparing necessary code amendments. As part of phase one, an initial guidance report has been prepared, detailing ideas for further discussion regarding policy and programs. The Historic Preservation Advisory Board conducted a work session [external video link] on Wednesday, October 16 and the Community Development Board conducted a work session [external video link] on Monday, October 21. Each of these work sessions included discussion of the contents of the guidance report. A more detailed report with final recommendations will be available in early 2025, for Board and Commission consideration. Phase two, to include potential code amendments is planned to commence in late spring/summer 2025. UNRESOLVED ISSUES:None identified at this time. ALTERNATIVES:As determined or directed by City Commission FISCAL EFFECTS:Funds for the project are included in the FY25 budget. Attachments: Bozeman Initial Guidance Report_100824.pdf Report compiled on: October 29, 2024 621 HISTORICPRESERVATION POLICY & LOCAL LANDMARKPROGRAM Initial Guidance City of Bozeman, MTPrepared for October 8, 2024 622 Project Summary The City of Bozeman Historic Preservation Program began in the early 1980's when a comprehensive historic architecture survey of the "historic portion" of the city was conducted. This foundation led to the creation of ten National Historic Districts, historic preservation regulations, and the Neighborhood Conservation Overlay District (NCOD). Since then, the current preservation regulations in Section 38.340 of the Bozeman Municipal Code have been applied to new development and alterations within the historic districts or the NCOD via the Certificate of Appropriateness (COA) process. The City also must take into account state legislation that impacts planning and development. The Bozeman Historic Preservation Policy & Local Landmark Program project (“Landmark Program”) centers on revising the existing preservation policy. This project will: Evaluate Section 38.340 of the Unified Development Code regarding the NCOD; Assess the review criteria and standards for COA applications; Reevaluate the NCOD; and Create a local landmark program and nomination process. The City of Bozeman engaged Community Planning Collaborative (CPC) in Fall 2023 to assist with the Landmark Program project. CPC, led by Adrienne Burke and Ennis Davis, is an urban planning and historic preservation consulting practice that facilitates community-led, history-based planning solutions. CPC is a facilitator for this process, sharing information around available policy options, while Bozeman citizens and the community are the experts in identifying Bozeman’s needs and goals. The CPC team includes Sarah Marsom, independent heritage consultant, and Jacqueline Drayer of Mulberry History Advisors. Sarah Rosenberg, the City’s Historic Preservation Officer, is the project manager. More detailed information on the project is available at: engage.bozeman.net/landmarkLearn more about the project team: planningcollab.com sarahmarsom.com mulberryhistory.com|| 1623 Project Summary More detailed information on the project is available at: engage.bozeman.net/landmark The CPC team visited in November 2023 and February 2024 to conduct research and meet with community and representatives from different City departments. A third trip in July 2024 focused on community engagement. Research and data analysis has been occurring since last fall. The Landmark Program project is split into two phases. The first phase has focused on research, data collection, and community engagement which leads to policy recommendations that will be reviewed by the Historic Preservation Advisory Board, the Community Development Board, and the City Commission. This document consists of the initial policy and program recommendations for community and City review. A more detailed report will be available in early 2025. The second phase will put the recommendations into action and develop the policy and amend code as needed. This phase is intended to happen in spring and summer 2025. This project builds on the successes of the City of Bozeman’s existing preservation efforts. The NCOD has been in existence for over thirty years and is well-established. Annual preservation month activities in May celebrate historic resources and the City’s heritage. Historic Preservation Advisory Board (HPAB) members are engaged and HPAB work plans focus Board efforts. Recent inventory updates for historic structures and research on homes associated with the African American community add to the base of information about Bozeman’s history. Digital tools offered by the City include access to historic Sanborn maps through the City’s GIS mapping system. These are just a sampling of positive preservation efforts already occurring in Bozeman. 2 624 Community Engagement 20+292 224 Learning what makes Bozeman unique is at the core of the Bozeman Landmark Program. Since the Bozeman Landmark Program kicked off in November 2023, the project team has worked alongside City of Bozeman staff to implement passive and active engagement strategies to understand what the community’s priorities are for a local landmark program. In November 2023, the consulting team first visited the City of Bozeman. The project started with an overview of the Gallatin Valley and Bozeman’s Indigenous history and living culture from Dr. Shane Doyle. The trip included conversations with city staff from various departments and local community organizations. Additional conversations were had virtually between November 2023-September 2024. The project has been introduced and discussed with the Historic Preservation Advisory Board, Community Development Board, Sustainability Board, Inter Neighborhood Council, and the City Commission. Youth activity sheets were created and offered at the Gallatin History Museum beginning in May 2024, as well as at the Historic Preservation Advisory Board’s annual Preservation Month activities. Sarah Rosenberg coordinated with a Montana State University geography class in Spring 2024 to develop student recommendations for heritage markers and tours. Temporary HeritageMarkers InstalledFull CommunitySurveys Completed Micro-surveysCompleted 15 Community Events Held orAttended 30 Social Media Posts Across Accounts Engagement by the Numbers 9 City BoardMeetings to Date 3 625 Community Engagement Utilizing different event formats including open houses/pop- ups, round tables, and tabling at community events, active engagement strategies sought to reach a range of community members. In July 2024, the community showed up to parks, a fire station, the farmers market, the library, City Hall, and MSU to participate in different Bozeman Landmark Program touchpoint events. The project team wanted to engage a broad range of Bozeman citizens from youth to seniors, different demographics, and different parts of the city. People shared stories about their family, specific buildings, environmental features, community events, and more from the city’s history. The July engagement activities concluded with a storytelling signage event hosted at the Bozeman Library. Sarah Rosenberg and other City staff attended additional events after the consulting team concluded their efforts to further promote the project and survey. Simultaneous to community engagement events, the Bozeman Landmark Program launched an Engage Bozeman page, a digital survey, which was promoted through social media posts on the City’s social media accounts, through fliers installed at key places throughout the city, and direct contact by email. Temporary historic markers were installed across the city that told micro-stories of Bozeman’s heritage and shared survey information. Micro-surveys were completed by attendees at outreach events. Fliers, handouts, and the online survey were all translated into Spanish using Montana Language Services. 4 626 Community Engagement All promotional materials and in person activities encouraged participation in the online survey. The online survey was completed by 292 individuals. Community members were able to identify specific areas of Bozeman’s history (physical or intangible), which they perceive as a preservation priority, in addition to expressing their personal needs as residents and their larger views of preservation needs in the city. Their responses guided the policy research based on the expressed priorities of the community members. Calendars reflect people’s values and people used their time and energy to share their connections to Bozeman’s cultural heritage - physical, intangible, and ephemera, through survey participation, event attendance, one-on-one conversations, facilitated conversations, and visiting the Bozeman Landmark Program booth at events. 5 627 Policy Conversations These are initial policy suggestions for conversation based on community engagement efforts and program research. The final deliverable for Phase I will offer further explanation and examples for each recommendation. Additionally, the final Phase I report may offer other suggestions as the project continues along over the next several months. The recommendations below are in no particular order. Continue evaluation of the Neighborhood Conservation Overlay District (NCOD) boundaries based on community feedback, implementation opportunities, current UDC update efforts, and past NCOD policy recommendations in 2015 and 2019 reports commissioned by the City. Repeal and replace the Design Guidelines for Historic Preservation & the NCOD to provide more clarity for new development in particular in coordination with the Unified Development Code (UDC). As part of this update, revisit the requirements for Certificates of Appropriateness (COA); consider revising to Certificate of Approval. Incorporate considerations of sustainability and climate resilience. Consider possible incentives for reusing older and historic buildings. Update the demolition policy and criteria in Chapter 38.340 to address concerns that it is not functioning well. Consider a demolition policy for structures over fifty years old and outside the NCOD. Consider requiring mitigation when demolition is approved, such as laser or photo documentation. Evaluate adding provisions in the code and Guidelines for economic hardship and the use of alternative building materials. Consider how new development projects are integrated with the surrounding neighborhood, maintaining a consistent scale range. Look at developing Guidelines that allow for the increased density permitted by code, but are more consistent with existing development patterns. 6 628 Policy Conversations Provide architectural and landscape transition between zoning and/or historic districts via “zone edge transitions,” coordinate with UDC updates that are currently underway. Explore a requirement for submitting an inventory form for any development project involving a building over a certain age, not just for demolition projects. Create a city-wide local landmark program that includes both architectural and cultural significance. This would allow for designation of individual historic or cultural landmarks inside and outside the NCOD, including buildings, environmental spaces and natural features, and sites of cultural importance. Modify City Code section 2.05.860 and 2.05.930 to expand the responsibilities of the Historic Preservation Advisory Board (HPAB) to include cultural heritage and evaluation of landmark nominations. 7 Additional policy options to explore in the future that are beyond the scope of the current project: Consider adopting tree regulations. Consider the feasibility of incentives or regulations related to reuse of building materials; coordinate efforts with the Sustainability Division related to the “deconstruction handbook” referenced in the Climate Action Plan. Explore the implementation of a legacy business ordinance, which would provide incentives to long-time local businesses. 629 Create a historic preservation master plan or include a historic preservation element in future updates to the Growth Policy. Implement a local historic marker program to highlight important cultural sites. Conduct additional surveys in specific areas, particularly for mid-century resources and agricultural heritage. Also, survey parts of the NCOD that have not yet been documented, along with areas adjacent to the NCOD. Coordinate with the county on surveying areas adjacent to Bozeman city limits. Develop context studies that could support future landmark designations, such as studies on Native American heritage and culture, Bozeman’s mid-century architecture, and agricultural history. Create a preservation priority list based on areas identified by the community during the engagement survey to bring awareness to important places. Collaborate with partners on a more coordinated strategy to share Bozeman’s heritage through interpretive opportunities across the city. Program Conversations These are initial program recommendations based on community engagement efforts and program research. The final deliverable for Phase I will offer further explanation and examples for each recommendation. Additionally, the final Phase I report may offer other suggestions as the project continues along over the next several months. The recommendations below are in no particular order. Many of the projects below require funding, which should be part of the conversations moving forward. None of the following are included in the current project scope, but could be future opportunities. Work with partners on a strategy to help keep residents in existing housing that is historic or eligible for historic designation, such as home repair programs. Expand historic preservation education and outreach efforts beyond Historic Preservation Month. Foster the development of a preservation consortium of existing historic preservation and history-related organizations that meets on a regular basis. 8 630 Program Conversations Discussion on this preliminary report will occur in Fall 2024 with the Historic Preservation Advisory Board, the Community Development Board, and the City Commission. Through Engage Bozeman and the meetings, there is an opportunity for the public to provide input for final report development The final report for Phase I is expected to be released in early 2025. 8 Next Steps Create a resilience and disaster planning preservation strategy. This could be phased starting with a vulnerability assessment for historic and cultural resources and evolve to identify specific adaptation or mitigation strategies. Explore ways to restore and optimize usage of existing historic City facilities - Story Mansion, Beall Park, and the Lindley Center. Explore additional financial incentives that could be utilized to support historic preservation - tax-increment financing, grant programs, etc. Determine if COA application fees can be directly applied to the preservation program. 631 (904) 577-0255 info@planningcollab.com planningcollab.com 2024 HISTORIC PRESERVATIONPOLICY & LOCAL LANDMARK PROGRAM Initial Guidance Image CreditsHistoric Images: Museum of the Rockies Photo Archive Online Sanborn Maps: Library of CongressCurrent Images: CPC Project TeamIllustrations: Sarah Marsom 632 Name:Contractor #:Affirmation Form: Non-Collusion Affidavit Addendum 1:Addendum 2: Bidder's Power of Attorney Bid Bond:Surety's Power of Attorney Surety's Appointment Qualifications Statement Equipment Data Sheets Base Bid Total:Add Alternate 1:Add Alternate 2:Total L & S Electric 1810 County HWY XX Rothschild, WI 54474-7801 x x x x x x x x x x $54,035.00 $81,480.00 $64,265.00 $199,780.00 Third Element Electric 28 Intrepid Drive Bozeman, MT 59718 x x x x x x x x $154,116.00 $168,919.00 $148,954.00 $471,989.00 Mike Maas Jon KercherCity Clerk WRF Superintendent Bid Check:Delivered to Finance:Accepted By:Date: Insurance for The Third Element Electric Bozeman WRF MCC Procurement 2024 These bids were opened and read before the undersigned at 2:30 pm on Thursday, October 24, 2024. Docusign Envelope ID: E84612FE-6664-4A3E-9F5B-864F3CD21039 109633