Loading...
HomeMy WebLinkAbout20- Professional Services Agreement - TerraQuatic - Wetland Consulting Services Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2020 (“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, Terra Quatic, Lynn Bacon, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the _____ day of ______________, 2022 unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in their provided response to the Scope of Services response attached hereto as Exhibit B. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services response attached hereto as Exhibit B. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 2 of 11 Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. 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. DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 3 of 11 Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. 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. DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 4 of 11 In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 5 of 11 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 6 of 11 may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Brian Krueger, Development Review Manager or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 7 of 11 receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Lynn Bacon 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: 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, DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 8 of 11 gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 9 of 11 reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 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. DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB Professional Services Agreement for Wetland Review Services FY 2020 – FY 2022 Page 10 of 11 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 31. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than 5 years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB Exhibit A City of Bozeman, Wetland Review Services Project application wetlands and watercourse technical review. Scope of Work: The majority of the work is anticipated to be assigned on an as-needed/on-call basis. The general municipal wetland and watercourse support work may include, but is not limited to the following: the consultant will perform wetland and watercourse review for substantial conformance with City’s wetland regulations in Section 38.610 of the Bozeman Municipal Code. This will consist of the review of wetland studies, wetland delineations and other related reports included with development review project applications in accordance with the most current version of the development codes and standards as adopted by the City of Bozeman. The consultant will review the project application and wetland related submittal materials including wetland studies, wetland delineations, draft permits and other related reports; will evaluate the impacts that the proposed regulated activities may have on delineated wetlands and provide recommendations on wetlands protection, mitigation and/or enhancement. The consultant will specifically provide the City a recommendation on all proposed buffers; a recommendation on all proposed modifications and impacts to wetland and call out any specific details regarding incomplete or incorrect items on the plans and/or reports, and a description of what corrections or additions are required as well as references to the specific, applicable code sections relating to the deficiencies. The consultant will review any proposed mitigation, including type, quality, and location and make a recommendation on the proposed approach. A report shall be submitted to the City with this evaluation for each project in both paper and digital formats. The report shall include a summary of the written review including clear findings and recommendations. This report shall be completed ten working days from the date that the City submits the application materials to the consultant for review in digital format. Attendance at preliminary application or site review or other meetings may be occasionally required. As directed, the consultant may periodically provide support before the Bozeman City Commission and before the City’s Advisory Boards and Commissions as an expert on the subject matter. DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB Exhibit A City of Bozeman, Wetland Review Services Project application wetlands and watercourse technical review. Scope of Work: The majority of the work is anticipated to be assigned on an as-needed/on-call basis. The general municipal wetland and watercourse support work may include, but is not limited to the following: the consultant will perform wetland and watercourse review for substantial conformance with City’s wetland regulations in Section 38.610 of the Bozeman Municipal Code. This will consist of the review of wetland studies, wetland delineations and other related reports included with development review project applications in accordance with the most current version of the development codes and standards as adopted by the City of Bozeman. The consultant will review the project application and wetland related submittal materials including wetland studies, wetland delineations, draft permits and other related reports; will evaluate the impacts that the proposed regulated activities may have on delineated wetlands and provide recommendations on wetlands protection, mitigation and/or enhancement. The consultant will specifically provide the City a recommendation on all proposed buffers; a recommendation on all proposed modifications and impacts to wetland and call out any specific details regarding incomplete or incorrect items on the plans and/or reports, and a description of what corrections or additions are required as well as references to the specific, applicable code sections relating to the deficiencies. The consultant will review any proposed mitigation, including type, quality, and location and make a recommendation on the proposed approach. A report shall be submitted to the City with this evaluation for each project in both paper and digital formats. The report shall include a summary of the written review including clear findings and recommendations. This report shall be completed ten working days from the date that the City submits the application materials to the consultant for review in digital format. Attendance at preliminary application or site review or other meetings may be occasionally required. As directed, the consultant may periodically provide support before the Bozeman City Commission and before the City’s Advisory Boards and Commissions as an expert on the subject matter. DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB ______________________________________________________________________________________________________ 1 May 5, 2020 Brian Kreuger, Development Review Manager Community Development City of Bozeman 20 East Olive Street P.O. Box 1230 Bozeman, MT 59771 RE: City of Bozeman Wetland Review Services Contract _____________________________________________________________________________________ Dear Brian and the City of Bozeman, Thank you for forwarding the City of Bozeman announcement for the Wetland Review Services Contract. TerraQuatic has held the wetland Review Services Consultant position for the last three years. As you know I served on the Wetland Review Board for several years prior to holding this Services Contract. I held the chair of that committee during an important development period when we put forth many of the watercourse regulations. I have enclosed an abbreviated resume for your review. At the onset of holding this Services Contract position, I designed a “worksheet” that included all watercourse regulations. The worksheet enabled me to carefully analyze each project and to streamline a summary letter to the City Development Staff enumerating submittal deficiencies. I have also revised some of the regulations and submitted them to you. Within the last six months it has become apparent that almost none of the project submittals include clear and concise watercourse regulation adherence information. I have been working with one of your staff, Sarah Rosenberg, to develop a package of materials to provide to project proponents. This package is enclosed for your review; however, we are in the beginning of development and our suggestions need to be brought to you - the Review Manager, all City Project Development Managers, and perhaps the Commissioners for review and input. I view our job as city employees (or contractors) to provide as much assistance and regulation clarity to project proponents, which will inevitably decrease the number of times a project is submitted to you and your staff. The enclosed “Draft Wetland Regulation Submittal Package” includes the following documents: Wetland Review Checklist, City of Bozeman Watercourse Regulations Adherence, and City of Bozeman Development Review Conformance: Wetland and Watercourse Regulations Worksheet. Apologies for this lengthy letter of interest for the Services Contract; my intent being to inform the City that I have great interest in working on procedures, regulation updates, and of utmost importance, to help the public through what can be a confusing and lengthy process when submitting a project for development review. Exhibit B DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB ______________________________________________________________________________________________________ 2 I have valued my experience as the City’s Wetland Review Services Contractor very highly, I enjoy your staff and my experience working with them, and enjoy working with the Public, Engineers, and all who are involved in submitting development projects. I would be honored to continue working for the City of Bozeman. My charge rate is $100/hour. Thank you for the opportunity to apply for the Wetland Review Service Contract. Please call me with any questions at (406) 580-6993. Sincerely, Lynn Bacon, PWS TerraQuatic, LLC 614 West Lamme Street Bozeman, MT 59715 DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB ______________________________________________________________________________________________________ 3 DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB ______________________________________________________________________________________________________ 4 DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB ______________________________________________________________________________________________________ 5 DocuSign Envelope ID: E8349081-FAA2-43A6-8125-56659A2257EB