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HomeMy WebLinkAbout07-13-21 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - WebEx Video Conference B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Authorize Absence D.1 Authorize the Absence of Commissioner Coburn E.FYI F.Commission Disclosures G.Approval of Minutes THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, July 13, 2021 This meeting will be held using Webex, an online videoconferencing system. You can join this meeting: Via Webex: https://cityofbozeman.webex.com/cityofbozeman/onstage/g.php? MTID=e2d33f71ef768445951c8854ae2d2d428 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 or channel 190 United States Toll +1-650-479-3208 Access code: 182 021 7613 If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net prior to 12:00pm on the day of the meeting. You may also comment by visiting the Commission's comment page. You can also comment by joining the Webex meeting. If you do join the Webex meeting, we ask you please be patient in helping us work through this online meeting. If you are not able to join the Webex meeting and would like to provide oral comment you may send a request to agenda@bozeman.net with your phone number, the item(s) you wish to comment on, and the City Clerk will call you during the meeting to provide comment. You may also send the above information via text to 406-224-3967. As always, the meeting will be streamed through the Commission's video page and available in the City on cable channel 190. 1 G.1 Approve the Regular Meeting Minutes From: June 8, 2021 June 15, 2021 June 22, 2021(Maas) H.Consent H.1 Accounts Payable Claims Review and Approval (Stewart) H.2 Approve the Allison Phase 4B Subdivision Final Plat, South 11th Avenue and Arnold Street, Application 20430 (Quasi-Judicial)(Montana) H.3 Authorize the City Manager to Sign a Utility Easement for Telephone, Electric Power, Gas, Internet, Cable Television or Other Similar Utilities or Services for the New Age Artisan MOD (21128)(Schultz) H.4 Authorize the Mayor to Sign a Memorandum of Understanding with Montana State University (MSU) for Collective Understanding for Future of Fire Station #2(Waldo ) H.5 Authorize the City Manager to Sign a Desktop SCADA PC Upgrade Proposal with Pall Water(Miller) H.6 Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart to Provide Right of Way Acquisition Services on a Term Contract Basis from the Date of Execution Until July 2023(Murray) H.7 Authorize the City Manager Sign a Professional Services Agreement with Morrison Maierle, Inc. for the Sourdough Intake Project ARPA Competitive Grant Application(Heaston) H.8 Authorize the City Manager to Sign a Professional Services Agreement with Agency Landscape and Planning, LLC for the Parks, Recreation and Active Transportation Plan(Jadin) H.9 Ratify City Manager's Signature on a Professional Services Agreement with Pine Technologies to Provide Technical Support for Justware, the City Attorney's Office Case Management System(Sullivan) H.10 Authorize City Manager to Sign AIA Document B121 Master Agreement, and AIA Document B221 Service Order 1, and Future Service Orders within Budget for the Design of Fire Station #2(Henderson) H.11 Authorize the City Manager to Sign a Professional Services Master Task Order Agreement Term Contract with Advanced Engineering and Environmental Services, LLC (AE2S) for SCADA On-Call Services and Task Orders 1 and 2 under the Term Contract(Scott Shirley and Zeb Breuckman) H.12 Authorize City Manager to Sign an Amendment Number 2 to the Professional Services Agreement with Robert Peccia and Associates for the Sourdough Transmission Main Phase 2 Project(Murray) H.13 Resolution 5314, Authorizing Change Order Number 3 with COP Construction for the Davis Lane Lift Station and Norton East Ranch Outfall Sewer Project(Murray) 2 H.14 Approve Resolution 5318, Declaring the Intent of the Commission to Abandon Portions of Road Easement Entirely within Railroad Right of Way Adjacent to Griffin Drive and Direct Staff to Bring Back a Final Resolution to Abandon Said Easement(Lonsdale) H.15 Final Adoption of Ordinance 2078 Adopting the Health Code by Reference (Saverud) I.Public Comment 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. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. J.Action Items J.1 Resolution 5315, Declaring a Stage One Drought, Implementing Stage One Drought Response Measures and Stage One Drought Surcharges, and Authorizing the Bozeman City Manager to Issue or Rescind Additional Drought Stage Declarations and Drought Surcharges and Implement Additional Drought Response Measures through Administrative Orders(Ahlstrom) J.2 Resolution 5311, Submitting to the Voters the Question of Authorizing the City to Exceed the Statutory Mill Levy Limits Through An Annual Levy of Up to Seven (7) Mills for the Purpose of Community Housing(Mihelich/Sullivan) J.3 Resolution 5316, Calling for Election for General Obligation Bonds for Fire Station 2 Relocation and Recreation Facilities Renovations(Mihelich) K.Appointments K.1 Appointments to the Northeast Urban Renewal Board (NURB)(Maas) L.FYI / Discussion M.Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. In order for the City Commission to receive all relevant public comment in time for this City Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no later than 12:00 PM on the day of the meeting. Public comment may be made in person at the meeting as well. 3 Memorandum REPORT TO:City Commission SUBJECT:Authorize the Absence of Commissioner Coburn MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Administration RECOMMENDATION:I move to authorize the absence of Commissioner Coburn 4 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk Jeff Mihelich, City Manager SUBJECT:Approve the Regular Meeting Minutes From: June 8, 2021 June 15, 2021 June 22, 2021 MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Minutes RECOMMENDATION: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 Clerk’s 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 From August of 2013 through December 2020, the City Commission Minutes have been linked with audio and video using AV Capture. In addition to the City Commission, many Citizen Advisory Boards utilize the system as well. Beginning December 14, 2020, the City Commission and many Citizen Advisory Boards moved to our new Granicus Streaming Platform. 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. https://www.bozeman.net/government/city-commission/city-commission- video Users are always welcome to contact the City Clerk’s Office at 582-2320 or email agenda@bozeman.net for assistance. 5 UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 06-08-21 DRAFT MINUTES City Commission Meeting of Bozeman, Montana.docx 06-15-21 DRAFT MINUTES City Commission Meeting of Bozeman, Montana.docx 06-22-21 DRAFT Minutes City Commission Meeting.docx Report compiled on: July 2, 2021 6 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES June 8, 2021 Present:Cyndy Andrus, Terry Cunningham, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent:None Staff Present in the WebEx: City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Jesse DiTommaso A)00:00:02 Call to Order -6:00 PM -Via WebEx Video Conference B)00:02:41 Pledge of Allegiance and a Moment of Silence C)00:03:16 Changes to the Agenda There were no changes to the agenda. D)00:03:26 Public Service Announcements D.1 00:03:30 Introduction of New Human Resources Director and the Interim Public Works Director CM Mihelich introduced the new Human Resource Director, Cassandra Tozer, and the Interim Public Works Director, Scott Shirley. E)00:07:48 FYI Mayor Andrus noted the Design Review Board meeting on June 9, 2021,the Parks and Recreation Board meeting on June 10, 2021,and the Parking Commission meeting on June 10, 2021. Cr. Coburn acknowledged the work done to hold the National Trails Day event on June 5-6, 2021. F)00:09:01 Commission Disclosures There were no commission disclosures. G)00:09:14 Approval of Minutes G.1 Approve the Regular Meeting Minutes from: 7 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 2 of 12 January 27, 2020 February 10, 2020 May 4, 2021 May 11, 2021 May 18, 2021 May 25, 2021 01-27-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.pdf 02-10-20 FINAL MINUTES City Commission Meeting of Bozeman, Montana.pdf 05-04-21 FINAL MINUTES City Commission Meeting.pdf 05-11-21 FINAL MINUTES City Commission Meeting.pdf 05-18-21 FINAL MINUTES City Commission Meeting.pdf 05-25-21 FINAL MINUTES City Commission Meeting.pdf 00:09:31 Motion To approve minutes from January 27, 2020, February 10, 2020, May 4, 2021, May 18, 2021, and May 25, 2021. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:09:58 Vote on the Motion to approve minutes from January 27, 2020, February 10, 2020, May 4, 2021, May 18, 2021, and May 25, 2021.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H)00:10:21 Consent H.1 00:16:41 Accounts Payable Claims Review and Approval H.2 Authorize the Mayor to Sign a Montana Department of Commerce Big Sky Economic Development Trust Fund Program Contract (Contract # MT-BSTF-01-21-19) and Authorize the City Manager to Execute Additional Documents Required to Facilitate and Manage the Amended Grant Award for Profitable Ideas, Inc. Exhibit 1 Bozeman - Profitable Ideas Inc. - Award Letter.pdf Exhibit 2 Follow Up Letter -Profitable Ideas Inc.pdf Exhibit 3 PIE #2 Business Assistance Agreement-Mangement Plan.pdf Exhibit 4 Contract_MT-BSTF-1-21-19_Bozeman_PIE_2.pdf Exhibit 5 PIE BSTF Grant Award Budget Amendment 5-25-21.pdf H.3 Authorize the City Manager to Sign a Grant Agreement with Gallatin Watershed Council for Interpretive Signage Project 2020 GWC - CILP Grant Agreement.docx ExhibitA_2020 GWC - CILP Grant Application.pdf 8 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 3 of 12 Resolution 5239 - GWC 2020 Interpretive Signage CILP.pdf H.4 Authorize the City Manager to Sign a Notice of Award and Contract Documents for the 2021 Curb Replacement Project to Treasure State, Inc. for the Purpose of Replacing Curb and Gutter on West Garfield Street Bid Sheet - 2021 Curb Replacement Project.pdf AWARD.docx H.5 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with SwissDetail, Inc for the Swiss Plaza, Phase 1 Project (20372) Irrevocable of Dedication H.6 Authorize the City Manager to Sign a Drainage Easement, Public Utility Easement and Utility Easement with Gallatin Mall Group, LLC for the Gallatin Valley Mall Redevelopment Project (20412) Public Utility Easement Utility Easement Drainage Easement H.7 Authorize the City Manager to Sign a Utility Easement for Telephone, Electric Power, Gas, Internet, Cable Television or Other Similar Utilities or Services with J&D Customs, Inc. for the Delta Gamma House (20170) Utility Easement H.8 Authorize the City Manager to Sign a Public Light Pole Utility Easement with Sleepy Eye, LLC for the Pedestrian Street Lighting Along North Rouse Between Main Street and the Alley Public Light Pole Easement H.9 Authorize the City Manager to Sign a Public Utility Easement and Agreement and a Utility Easement with Elaine S Locati for the Cattail Condos Site Plan (20435) Utility Easement/Public Utility Easement and Agreement H.10 Authorize the City Manager to Sign a Maintenance Agreement with the Montana Department of Transportation (MDT) for Operation and Maintenance of Decorative Lighting on Rouse Avenue from Main to Lamme City/State Memorandum of Agreement H.11 Authorize the City Manager Sign a Purchase Agreement with Western Systems for Kagy HAWK Signal Electronics Purchase Agreement H.12 Authorize the City Manager Sign a Purchase Agreement with Lumen FX for Kagy HAWK Signal Poles Purchase Agreement.pdf H.13 Authorize the City Manager to Sign a Professional Services Agreement with Stahly Engineering & Associates, Inc. for the Bozeman Sports Park Project Attachment A Professional Service Agreement Stahly Engineering & Associates.pdf H.14 Authorize the City Manager to Sign a Professional Services Agreement with KLJ for the North 15th Avenue Improvements from Patrick to Tschache Construction Management and Inspection Services Contract North 15th Ave. Professional Services Agreement.pdf H.15 Authorize the City Manager to Sign Sanderson Stewart Term Contract Task Orders NE2021-003, NP2021-001, and PY2021-001 for TIF Assistance Program Development Services for the Northeast, North Park, and Pole Yard Urban Renewal Districts URD Task Order Form NE21-003.docx NE21-003_TIF_Assistance_SOW_051421.pdf 9 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 4 of 12 URD Task Order Form NP21-001.docx NP21-001_TIF_Assistance_SOW_051421.pdf PY21-001 Task Order Form.docx PY21-001_TIF_Assistance_SOW_051421.pdf H.16 Resolution 5310, Appointing Health Officer Resolution 5310 Appointing Health Officer.pdf Board of Health Res. No. 2021-005.pdf Criteria for Hiring Lori Christenson.pdf H.17 Ordinance 2060, Provisional Adoption of the NorthWestern Energy Glen Lake 2021 Zone Map Amendment to Amend the Zoning Map on 5.46 Acres From Public Lands and Institutions PLI to Light Manufacturing M-1 Located on the West Side of the Northernmost Extent of North Rouse Avenue North of Griffin Drive, Application 21011 21011 NWE Glen Lake ZMA 2060.docx Northwestern_East_Parcel_Zoning_Exhibit_05-11-21.pdf 00:10:27 City Manager Introduction. CM Mihelich provided the highlights of the Consent Agenda. 00:11:03 Public Comment on Consent Agenda I and Consent Agenda II. Mayor Andrus opened the Consent Agenda I and the Consent Agenda II items for public comment. 00:13:31 Lily Wright, Public Comment Lily Wright wished to comment during general public comment. 00:14:23 Emily Talago, Public Comment Emily Talago commented in opposition to the language in Item I2, specifically the use of the word "standards". She commented that she feels it is a missed opportunity to reach city goals. She feels there was not enough attention given to the changes in all zoning districts. 00:16:36 Motion Consent items 1-17 as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:16:45 Vote on the Motion to approve Consent items 1-17 as submitted.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 10 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 5 of 12 I)Consent II: Items Acted Upon Without Prior Unanimous Approval I.1 Ordinance 2070, Final Adoption of Form and Intensity Standards Update Text Amendment to Revise the Bozeman Municipal Code to Increase the Allowable Height in Several Zoning Districts to Account for a Change in Construction Industry Standards and to Increase the Height in R-O and B-2 to Allow for an Additional Story, Reduce the Number of Roof Pitch Categories and Change the Location of Commercial Front Setback Designations. Revise Affected Sections to Implement the Revisions Ordinance 2070 Form & Intensity Standards Update.pdf Ordinance 2070 Form & Intensity Standards Update Final Adoption Memo.pdf I.2 Ordinance 2074, Final Adoption of Repealing and Replacing Division 38.270 – Improvements and Guarantees of the Bozeman Municipal Code to Require Sidewalk Installation within the Timeframes that All Other Infrastructure is Installed, Allow More Flexibility to Concurrently Construct Infrastructure and Development Projects, and Generally Clean Up the Code FINAL ADOPTION Ordinance 2074 Div 38 270 Improvements and Guarantees.pdf 00:17:11 Motion Consent II Items, number one and two as submitted. Terry Cunningham: Motion Jennifer Madgic: 2nd 00:17:21 Vote on the Motion to approve Consent II Items, number one and two as submitted.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J)00:17:51 Public Comment 00:20:12 Lily Wright, Public Comment Lily Wright commented in regards to using the American Rescue Plan Act funding received by the City for other needs in the community such as affordable housing, mental health care, healthcare in general, and food security. K)00:23:03 Action Items K.1 00:23:07 Blackwood Groves Major Subdivision Preliminary Plat, Application 20447 (Quasi-Judicial) 20447 CC Staff Report June 8 updated.pdf 00:23:07 City Manager Introduction 11 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 6 of 12 00:24:57 Mayor Andrus reopened the public hearing on Blackwood Groves. 00:25:02 Public Comment Mayor Andrus opened the item for public comment. 00:26:40 Marilee Brown, Public Comment Marilee Brown commented on behalf of Gallatin Alliance for Pathways (GAP) in opposition to the proposed bike path that is not separated from the road. She added a request to require a 10 foot wide multi-user separated pathway along all busy highways. 00:30:51 Clarification from Staff 00:33:17 Clarification from Applicant 00:34:39 Additional questions from Commission 00:39:44 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 20292 and 20447 related to the Blackwood Groves Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:40:27 Discussion Cr. Madgic spoke in support of the motion due to the scale and thoughtfulness of the design. She noted it meets the Montana Subdivision and Platting Act, the Community Plan and Growth Policy. Cr. Coburn spoke in support of the motion and noted it seems to be appropriate, if not excessive, use of in-lieu improvements. Cr. Pomeroy spoke in agreement with fellow commissions and the staff findings, especially this project will not affect agriculture or agriculture water use facilities. DM Cunningham feels the improvements in-lieu make up for the 2 acre short fall in open space. Mayor Andrus spoke in support of the motion and the thought given to preservation of wetlands. 00:47:19 Vote on the 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 20292 and 20447 related to the Blackwood Groves Park Master Plan and move to approve the Park Master Plan with conditions and subject to all applicable code provisions.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic 12 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 7 of 12 Christopher Coburn Disapprove: None 00:47:47 Motion Having reviewed and consideredthe application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 20447 and move to approve the subdivision with conditions and subject to all applicable code provisions. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:48:15 Discussion Cr. Madgic spoke in support of the motion for the reasons previously stated. Cr. Coburn spoke in support of the motion. Cr. Pomeroy will be supporting this motion. DM Cunningham spoke in support of the motion. He added that he would like to see the cottage housing units be eligible for down payment assistance. 00:55:42 Vote on the 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 20447 and move to approve the subdivision with conditions and subject to all applicable code provisions. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.2 00:56:11 Resolution 5305, Modification of Special Improvement Lighting District #460 for N 7th Avenue Resolution 5305-Modify SILD 460-N 7th Avenue.doc 00:56:14 City Manager Introduction 00:56:35 Staff Presentation Finance Director Kristin Donald presented the Modification of SILD 460 on N. 7th Avenue. She highlighted the fixtures to be installed, a map of the district, the lighting assessment estimations. She noted this is a public hearing and reviewed the public comments. 00:58:17 Questions of Staff 13 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 8 of 12 01:02:16 Public Comment There were no public comments on this item. 01:04:57 Motion Approve Commission Resolution Number 5305, Modification of Special Improvement Lighting District #460 for N 7th Avenue. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:05:16 Discussion Cr. Coburn spoke in support of the motion and noted it is inline with the strategic plan and had no public comments. Cr. Pomeroy will be supporting the motion. DM Cunningham will be supporting the SILD for the reasons stated by his colleagues. Cr. Madgic will be supporting this motion. Mayor Andrus will be supporting the motion. 01:06:25 Vote on the Motion to approve Commission Resolution Number 5305, Modification of Special Improvement Lighting District #460 for N 7th Avenue. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None K.3 01:06:46 FY22 City Manager Recommended Budget- General Fund Presentation Streamline request.pdf HAVEN request.pdf Outside Entity Requests Summary.pdf 01:06:57 CM Introduction City Manager Mihelich and Finance Director Kristin Donald presented the item. CM Mihelich provided a definition of the general fund, the general fund revenues, and general fund expenditures. He highlighted salaries and benefits along with a pay philosophy and noted the general fund personnel factors. They went through the general fund reserve balance, the general fund by department compared to all funds. He presented a look forward, specifically with the Bozeman Public Safety Center and the end of special Covid Funding. 01:14:07 Finance Director Kristin Donald presented the general government division budget. Finance Director Donald provided the budget and performance measures for the City Commission, the City Manager, the City Clerk, the City Attorney, Finance, Facilities, IT, Human Resources, and Municipal Court. 14 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 9 of 12 01:20:12 Questions on General Government Division Budget 01:48:03 Public Safety Budget Presentation Finance Director Donald went over the police budget, details of the personnel increase, police performance measures. She reviewed the fire budget and fire performance measures. 01:51:14 Questions on Public Safety 02:19:33 Meeting went into recess. Mayor Andrus called the meeting to recess. 02:25:05 Meeting Reconvened Mayor Andrus called the meeting back to order. 02:25:10 Finance Director Donald presented the public welfare portion of the budget. Finance Director Donald reviewed the recreation budget and performance measures, the Cemetery budget and performance measures, the Library budget and performance measures, the general fund portion of the economic development budget and performance measures, and the sustainability division of strategic services budget and performance measures. 02:30:17 Questions regarding public welfare portion of the budget. 02:38:52 Finance director Donald presented the non-departmental budget. Finance Director Donald noted what is involved in the non-departmental budget. She went over non-departmental outside entity funding. CM Mihelich wrapped up with the typical city residential property annual costs adjustments and a budget calendar moving forward. 02:42:52 Questions and Final Comments 02:43:30 Public Comment Mayor Andrus opened this item for public comment. 03:12:30 Lander Cooney, Public Comment Lander Cooney, the CEO of Community Health Partners, requesting the City Commission fully funding Streamline's $400,000 funding request. 03:15:13 Sunshine Ross, Public Comment Sunshine Ross, the Streamline Director, requested the City fully funding Streamline's $400,000 funding request. 15 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 10 of 12 03:18:26 Ralph Zimmer, Public Comment Ralph Zimmer, speaking on behalf of the Bozeman Area Pedestrian and Traffic Safety Committee, commented requesting an increase in funds for non-motorized vehicle infrastructure. He also commented it is dangerous to have bicyclist on sidewalks. 03:22:57 Vanessa Palmer, Public Comment Vanessa Palmer, HRDC's transportation program manager, commented requesting fulfilling Streamline's $400,000 request. 03:26:13 Evan Rainey, Public Comment Evan Rainey commented in opposition to purchasing a new police car and having officers engage with the community on foot.  K.4 03:29:34 Eastlake Professional Center Minor Subdivision Preliminary Plat, Application 21-016, for the Subdivision of 7.65 Acres into Four (4) Developable Commercial Lots, and Easements, Zoned B-2M. Eastlake Professional Center - Preliminary Plat 05-21-2021.pdf 21016 Eastlake Professional Center PP SR.pdf 03:29:37 CM Introduction 03:29:51 Staff Presentation Jacob Miller, Assistant City Planner, presented the Eastlake Professional Center Preliminary Plat. He entered the staff report and public comments into the record. He provided the map and zoning. He provided a snapshot of the area. He noted the access roads. He presented the preliminary schematic of the site plan, a current land use map and clarified it is not vacant land. He presented the community plan future land use map. He showed the Phase 1 part of the construction plan. He noted it was properly noticed, there were two public comments and gave the recommended motion. 03:39:06 Questions of Staff 03:44:46 Applicant Presentation Rob Pertzborn, Ryan Krueger, and Alex Edwards presented the layout of the area, he highlighted the Davis Lift Station. He provided a pictures of the project area, the future land use map, zoning and the plat drawing. He also provided the concept plan. He described the surrounding area plans. He noted how this project will fit in to the Community Plan and how the climate plan influenced the design. The reviewed preliminary plat review criteria. 03:51:48 Questions of Applicant 03:55:51 Public Comments 03:57:27 Evan Rainy, Public Comment 16 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 11 of 12 Evan Rainey commented on suburban sprawl and the need for density. 04:00:36 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 21016 and move to approve the Eastlake Professional Center Minor Subdivision with conditions and subject to all applicable code provisions. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:01:00 Discussion DM Cunningham agreed with the staff findings. He noted the 3 public comments. Cr. Madgic spoke in support of the motion. Cr. Coburn spoke in support of the motion. Cr. Pomeroy spoke in support of the motion. Mayor Andrus spoke in support of the motion. 04:07:10 Vote on the 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 21016 and move to approve the Eastlake Professional Center Minor Subdivision with conditions and subject to all applicable code provisions. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None L)04:07:31 Appointments L.1 04:07:36 Appointment to the Library Board of Trustees 05-20-21 CAB Application - K. Spencer, reapplicant.pdf 04:07:38 Public Comment There were no public comments on this item. 04:09:51 Motion I move to appoint one member, Ken Spencer, to the Library Board of Trustees with a term ending June 30, 2026. Terry Cunningham: Motion Jennifer Madgic: 2nd 04:10:08 Vote on the Motion I move to appoint one member, Ken Spencer, to the Library Board of Trustees with a term ending June 30, 2026. The Motion carried 5 - 0 17 Bozeman City Commission Meeting Minutes, June 8, 2021 Page 12 of 12 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None M)04:10:30 FYI / Discussion N)04:10:40 Adjournment 18 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 1 of 9 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES Tuesday, June 15, 2021 Present:Cyndy Andrus, I-Ho Pomeroy, Jennifer Madgic, Christopher Coburn Absent:Terry Cunningham Staff Present in the Webex:City Manager (CM) Jeff Mihelich, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A)00:01:37 Call to Order -6:00 PM -WebEx Video Conference B)00:04:30 Pledge of Allegiance and a Moment of Silence C)00:05:07 Changes to the Agenda There were no changes to the agenda. D)Authorize Absence D.1 00:05:17 Authorize the Absence of Deputy Mayor Cunningham 00:05:25 Motion I move to authorize the absence of Deputy Mayor Cunningham. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 00:05:39 Vote on the Motion to approve I move to authorize the absence of Deputy Mayor Cunningham. The Motion carried 4 –0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: 19 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 2 of 9 None E)00:05:58 FYI CM Mihelich noted the work on the Davis Lane Lift Station and sewer outfall. He noted the Bogert Pool will be opening next week. He provided an update on returning to in-person meetings following technology updates to the Commission Room. Mayor Andrus highlighted the opportunity for Bozeman to engage in a conversation around housing and transit at the national level. F)00:08:55 Commission Disclosures There were no disclosures. G)00:09:03 Consent G.1 Accounts Payable Claims Review and Approval G.2 Approve the South Bozeman Technology District and Pole Yard Urban Renewal District Work Plans and Budgets for Fiscal Year 2022 and Annual Reports for Fiscal Year 2021 G.3 Authorize the City Manager to sign a Conditional Irrevocable Offer of Dedication with Gallatin Mall Group, LLC for the Gallatin Valley Mall Redevelopment (20412) Conditional Irrevocable Offer of Dedication G.4 Ratify the Signature of the City Manager on an Agreement for Professional Employment Services with GOVTEMPSUSA, LLC. GovTemps Contract signed.pdf G.5 Authorize the City Manager to Sign a Professional Services Agreement with Comcate for Public Comment Software Comcate Final Contract G.6 Authorize the City Manager to Sign a Professional Services Agreement with Water Systems Optimization, Inc. for the 2021 Water Distribution System Audit PSA_Water Systems Optimization_Water Distribution System Audit.pdf Attachment A_Scope of Services_Water Systems Optimization_Water Distribution System Audit.pdf G.7 Resolution 5288 Update to the Policy and Fee Schedule for Facility Use and Programs for Parks and Recreation FY21- Policy and Fee Schedule.pdf Resolution 5288.docx 00:09:03 City Manager Introduction 00:09:03 CM Mihelich provided the highlights of the Consent Agenda. 00:10:46 Public Comment There were no public comments on the Consent agenda. 00:13:39 Motion to approve Consent items 1 -7 as submitted. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 00:13:48 Vote on the Motion to approve Consent items 1 - 7 as submitted.The Motion carried 4 – 0. 20 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 3 of 9 Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None H)00:14:03 Public Comment Mayor Andrus opened general public comment. 00:16:26 Richard Kerin, Public Comment Richard Kerin commented his support for the South 6th SID, referencing his written comments, encouraging the reinstatement of the West Olive traffic circle in the project. 00:19:47 Mark Egge, Public Comment Mark Egge, member of the Planning Board and Parking Commission but speaking on his own behalf, commented on an item previously reviewed by the Planning Board, the Bozeman Creek neighborhood plan. He commented on the infrastructure deficiencies in the neighborhood that inhibits development in the area. He advocated for upgrades to Church Ave. 00:23:27 Martin Johnson, Public Comment Martin Johnson commented in favor of the traffic circle at the intersection of Olive and 6th Streets. I)00:25:57 Action Items I.1 00:25:59 Downtown Business Improvement District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan FY2022 BID Work Plan Budget Packet.pdf 00:26:36 Staff Presentation Emily Cope, District Manager Downtown Bozeman Partnership presented the FY2022 Work Plan and Budget. She presented a history of the Downtown Business Improvement District (BID), the BID assessment, and the BID programs. 00:32:19 Questions of Staff 00:38:09 Public Comment There were no public comments on this item. 00:41:14 Motion to approve the Downtown Business Improvement District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan. Jennifer Madgic: Motion Christopher Coburn: 2nd 00:41:53 Discussion 21 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 4 of 9 00:46:40 Vote on the Motion to approve Downtown Business Improvement District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan.The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.2 00:46:58 Downtown Urban Renewal District Fiscal Year 2021 Annual Report and Fiscal Year 2022 Budget and Work Plan DTN URD FY2022 Budget Commission Packet.pdf 00:47:20 Staff Presentation District Manager Cope presented the Downtown Urban Renewal District (URD) Fiscal Year 2022 Work Plan and Budget. She presented the URD mission, funding, infrastructure projects, planning projects, and grant programs. 00:56:35 Questions of Staff 01:07:46 Public Comment Mayor Andrus opened this item for public comments. 01:09:27 Christopher Brizzolara, Public Comment Christopher Brizzolara commented on his plan to create three additional parking garages downtown. 01:10:19 Nick Allevato, Public Comment Nick Allevato commented his appreciation on the previous commenter creating an outside perspective. He recommended looking into the history of the existing parking garage. 01:12:46 Motion to approve the Downtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget as submitted. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 01:12:55 Discussion 01:18:57 Vote on the Motion to approve the Downtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget as submitted.The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy 22 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 5 of 9 Jennifer Madgic Christopher Coburn Disapprove: None I.3 01:19:17 Midtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget and Fiscal Year 2021 Annual Report Fiscal Year 2022 Midtown Work Plan and Budget and FY21 Annual Report packet.pdf 01:19:31 Staff Presentation Urban Renewal Program Manager David Fine presented an overview of the Midtown Urban Renewal District (Midtown). He presented the Midtown Annual Report of projects, the Fiscal Year 2022 Work Plan and Budget highlights, and previously approved grants and direct incentives. 01:25:29 Questions of Staff 01:33:02 Public Comment Mayor Andrus opened this item for public comments. 01:34:54 Christopher Brizzolara, Public Comment Christopher Brizzolara asked how many housing units are provided in this budget and work plan and asked if the money being spent is worth it when there are people in need. 01:37:22 Motion to approve the Midtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 01:37:35 Discussion 01:44:36 Vote on the Motion to approve the Midtown Urban Renewal District Fiscal Year 2022 Work Plan and Budget. The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.4 01:45:43 North Park Urban Renewal District Fiscal Year 2022 Work Plan and Budget and Fiscal Year 2021 Annual Report 01:45:55 Staff Presentation 23 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 6 of 9 Manager Fine presented the North Park Urban Renewal District (North Park) Fiscal Year 2022 Work Plan and Budget, and Fiscal Year 2021 Annual Report. He presented an overview of North Park and the work plan and budget highlights. 01:47:46 Questions of Staff 01:50:14 Public Comment Mayor Andrus opened this item for public comments. 01:51:59 Christopher Brizzolara, Public Comment Christopher Brizzolara commented on the housing design competition in the City of Los Angeles and that the City should use this budget money for a similar purpose and asked what is to prevent a developer from designing all similar housing types. 01:54:11 Motion to approve the North Park Urban Renewal District Fiscal Year 2022 Work Plan and Budget. Jennifer Madgic: Motion Christopher Coburn: 2nd 01:54:25 Discussion 01:57:23 Vote on the Motion to approve the North Park Urban Renewal District Fiscal Year 2022 Work Plan and Budget.The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.5 01:57:50 Northeast Urban Renewal District Fiscal Year 2022 Work Plan and Budget and Fiscal Year 2021 Annual Report FY22 NEURD Work Plan and Budget Packet 20210615.pdf 01:58:09 Staff Presentation Manager Fine presented the Northeast Urban Renewal District Fiscal Year 2022 Work Plan and Budget and the Fiscal Year 2021 Annual Report. He presented the overview of the Northeast District, Fiscal Year 2021 Annual Report highlights, and the Fiscal Year 2022 Work Plan and Budget Highlights. 02:03:32 Questions 02:09:23 Public Comment 02:11:28 Christopher Brizzolara, Public Comment 24 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 7 of 9 Christopher Brizzolara questioned the costs of consulting fees. 02:13:17 Nick Allevato, Public Comment Nick Allevato commented to mirror the previous comments. 02:14:00 Motion to approve the Northeast Urban Renewal District Fiscal Year 2022 Work Plan and Budget. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 02:14:07 Discussion 02:16:51 Vote on the Motion to approve the Northeast Urban Renewal District Fiscal Year 2022 Work Plan and Budget.The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:17:11 Mayor Andrus called the meeting into recess. 02:17:35 Mayor Andrus called the meeting back to order. I.6 02:17:40 Resolution 5289 Setting Cemetery Fees and Perpetual Care Fund Deposits Cemetery Memo For Fee Changes .docx Resolution 5289 Cemetery Fees.docx 02:18:00 Staff Presentation Finance Director Kristin Donald presented the background on the cemetery fees, she presented the funding breakdown for cemetery operations, the perpetual care fund balance, the staff recommendation, and the process for recommendation. 02:20:55 Questions of Staff 02:28:26 Public Comment There were no public comments on this item. 02:31:20 Motion to approve Resolution 5289 setting Cemetery fees and Perpetual Care Fund deposits. I-Ho Pomeroy: Motion Jennifer Madgic: 2nd 25 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 8 of 9 02:31:34 Discussion 02:34:08 Vote on the Motion to approve Resolution 5289 setting Cemetery fees and Perpetual Care Fund deposits.The Motion carried 4 – 0. Approve: Cyndy Andrus I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None I.7 02:34:29 FY22 City Manager Recommended Budget- Special Revenue Funds Presentation 7 mills memorandum.pdf American Rescue Plan Overview.docx 02:34:38 Staff Presentation CM Mihelich and Director Donald presented the special revenue funds. Director Donald presented the Street Maintenance Fund financial trends, revenues and expenditures, the capital items scheduled, details by division, the Arterial & Collector fund financial trends, revenues and expenditures, and the capital items scheduled. 02:39:22 Questions of Staff 02:41:49 Staff Presentation continues Director Donald presented the Parks & Trails District Fund financial trends, revenues and expenditures, scheduled capital items, the Parks Division details, the Tree Maintenance Fund financial trends, revenues and expenditures, and Forestry Division details. 02:45:44 Questions of Staff 03:00:59 Staff Presentation continues Director Donald presented the Community Development Fund financial trends, revenues and expenditures, Planning Division details, the Building Inspection Fund financial trends, revenues and expenditures, Building Inspection Division details, the Community Housing Fund financial trends, revenues and expenditures, fund details, and Affordable Housing performance measures. 03:06:04 Questions of Staff 03:15:30 Staff Presentation continues Director Donald presented the Covid-Relief American Rescue Plan Act (ARPA) background, ARPA funding, reporting and audit requirements, a breakdown of the funding, and the ARPA Fund plan. CM Mihelich presented the State of Montana ARPA funding opportunities and the typical City residential property annual cost adjustments with special revenue funds highlighted. 26 Bozeman City Commission Meeting Minutes, June 15, 2021 Page 9 of 9 03:26:39 Questions of Staff 03:54:03 Meeting Extended Mayor Andrus extended the meeting to 10:15 PM. 03:54:15 Questions of Staff continued 04:01:32 Public Comments Mayor Andrus opened this item for public comments. 04:03:00 Kevin Thane, Public Comment Kevin Thane, member of CAHAB, commented on the CAHAB recommendation to fund Community Housing at 7 mils. He commented on the 3 mils in the proposed budget and the fund balance. 04:05:34 Heather Grenier, Public Comment Heather Grenier, represented HRDC, commented on past and potential uses of relief funds to support community needs. She commented on housing relief funds, the opportunities of one-time funding, and various interpretations of the guidance. 04:07:47 Meeting Extended Mayor Andrus extended the meeting until10:30 PM. 04:07:56 Public Comments continued 04:07:59 Nick Allevato, Public Comment Nick Allevato commented that affordable housing is a fool's errand and the crisis cannot be fixed. He commented that to the public this is not a complicated topic and that the Commission does not get to spend the money to further their political causes to get elected. He stated Covid is over and the Commission needs to use the funds appropriately. 04:10:00 Commission Final Comments 04:22:03 City Manager Response J)04:22:54 FYI / Discussion K)04:23:01 Adjournment 27 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 1 of 16 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES June 22, 2021 Present: Mayor Cyndy Andrus, Deputy Mayor Terry Cunningham, Commissioner I-Ho Pomeroy, Commissioner Jennifer Madgic, Commissioner Christopher Coburn Staff Present in the Webex: City Manager Jeff Mihelich, City Attorney Greg Sullivan, Deputy City Clerk Jesse DiTommaso A)00:03:09 Call to Order -6:00 PM -WebEx Video Conference B)00:03:16 Pledge of Allegiance and a Moment of Silence C)00:03:47 Changes to the Agenda CM Mihelich announced, due to a conflict, there will be a Consent Agenda 1 with items 1-4 and 6-18 as well as a Consent II with item 5. D)00:04:31 Public Service Announcements D.1 There will be no City Commission meeting on June 29 or July 6, 2021. City Offices will be closed on July 5 in observance of Independence Day. Independence Day is a garbage holiday and collection will be delayed one day. DCC announced there will be no City Commission Meeting on Tuesday, June 29, 2021 as it is the fifth Tuesday of the Month. There will be no City Commission Meeting on Tuesday, July 1, 2021 in observance of Independence Day. Independence Day is a garage holiday and collections will be delayed one day. E)00:05:06 FYI DM Cunningham noted the Climate Partners Action group meeting on Thursday, June 24, 2021 at 2:00pm. DM Cunningham noted that the Commissioners may not be looking at the cameras this evening due to the number of resources they will be referencing. Cr. Pomeroy thanked City Staff for being professional while she paid a parking ticket. 28 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 2 of 16 CM Mihelich announced Bozeman is in the early stages of a drought. The City is asking residents to reduced their overall consumption of water and to please discontinue all burning activities. He asked residents forgo the use of any fireworks considering the drought and forecast. F)00:09:14 Commission Disclosures Cr. Madgic disclosed that she has a conflict on Consent Item G5 and will be recusing herself. G)00:09:39 Consent G.1 Accounts Payable Claims Review and Approval G.2 Request for Authorization to Write-Off Stale-Dated Accounts Payable Checks from the City's General Accounting Ledger Stale Checks for Writeoff 0621.pdf G.3 Authorize the Mayor to Sign a Findings of Fact for Blackwood Groves Major Subdivision Preliminary Plat, Application 20447 20447 Findings of Fact.docx G.4 Approve the Final Plat for the Gran Cielo Phase 1A Subdivision and Authorize the Director of Public Works to Execute the Same on Behalf of the City of Bozeman; the Director of Community Development to Execute the Improvements Agreements on Behalf of the City of Bozeman, Application 20362 20362 Staff Memo 1 of 3 Gran Cielo Final Plat Phase 1A 2 of 3 Gran Cielo Final Plat Phase 1A 3 of 3 Gran Cielo Final Plat Phase 1A G.5 Approve the Final Plat Application for the Bridger View Planned Unit Development Subdivision, a 71 lot Subdivision for the Construction of 72 Buildings Hosting 62 Dwellings on 8.02 acres, Application 21077 20362 FP_transmittal.docx FinalPlat_06022021_2of5.pdf FinalPlat_06022021_3of5.pdf FinalPlat_06022021_4of5.pdf FinalPlat_06022021_5of5.pdf FinalPlat_06022021_1of5.pdf 07 Findings_of_Fact_09142020.pdf 32 CommonOpenSpaceEasement_06022021.pdf 32 EmergencyAccessEasement_06022021.pdf 32 SewerAndWaterEasement_06022021.pdf 32 StormwaterEasement_06022021.pdf 32 UtilityEasement_06022021.pdf G.6 Authorize the City Manager to Sign a Notice of Award to Allied Trenchless in the Amount of $481,095 for Construction of the Downtown Stormwater Trunk Rehabilitation Project Bid Tab - Signed.pdf Downtown Stormwater Trunk Project - Notice of Award.docx Downtown Stormwater Trunk Project - Project Drawings.pdf G.7 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with Bozeman Boulders, LLC for the Palisades Condominiums Site Plan Project (20117) Conditional Irrevocable Offer of Dedication 29 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 3 of 16 G.8 Authorize the City Manager to Sign an Agreement for the Ownership, Location, and Maintenance of Transit Shelters Located within the City of Bozeman Agreement for Transit Shelters Located within the City of Bozeman_final.docx 20210611_Bus Shelter List _final.pdf G.9 Authorize the City Manager to Sign a Timber Sale Contract with DS Jr. Trucking Inc. for the Phase 1 Sourdough Fuels Reduction Project Timber Sale Contract_Phase1 Sourdough Fuels G.10 Authorize the City Manager to Sign a Software License Agreement with Ascendant Strategy Management Group, LLC for a Community Dashboard Platform ClearPoint License Agreement.docx G.11 Authorize the City Manager to Sign a Professional Services Agreement with OnSite Energy for Solar Site Assessments for City Facilities Professional Services Agreement with Onsite Energy for Solar Site Assessments_20210622.pdf G.12 Authorize the City Manager to Sign a Professional Services Agreement with Playco Park Builders Inc. for Installation of Playground Equipment at Oak Meadows Park. PSA Playco Park Builders Inc..pdf G.13 Authorize the City Manager to Sign a Professional Services Agreement Term Contract with Economic and Planning Systems (EPS) for Professional Services to Support Economic Development and Community Housing Programs and Task Order 1 under the Term Contract EPS PSA FY22-27.docx EPS Task Order 1 Form.docx 213051-EPS Market Update Scope 06-07-2021.pdf G.14 Authorize the City Manager to Sign a Task Order Number 18 for the Right of Way Acquisition Project for Story Mill Road Reconstruction from Bridger Drive to Griffin Drive and the Bridger/Story Mill Intersection ROW Acquisition Task Order #18 Story Mill Road.pdf G.15 Authorize the City Manager to Sign a First Amendment to the Development Agreement for the Ruh Building First Amendment to Development Agreement.Ruh Building.docx G.16 Resolution 5312, Certification of Delinquent City Assessments to the County Resolution 5312-Certification of Delinquent 2nd half-FY 2021.docx Schedule A 060921.pdf G.17 Resolution 5313, Adopting the Update to the Fair Market Value of Land for Cash-in-Lieu of Parkland Calculations Res 5313 - Determination of CILP valuation 2020.docx Exhibit A - Cash in Lieu of Parkland Report.pdf G.18 Ordinance 2060, Final Adoption of the NorthWestern Energy Glen Lake 2021 Zone Map Amendment to Amend the Zoning Map on 5.46 Acres From Public Lands and Institutions PLI to Light Manufacturing M-1 Located on the West Side of the Northernmost Extent of North Rouse Avenue North of Griffin Drive, Application 21011 21011 NWE Glen Lake ZMA 2060.docx Northwestern_East_Parcel_Zoning_Exhibit_05-11-21.pdf 00:09:51 CM Mihelich provided the highlights of the Consent Agenda. 00:11:50 Public Comment 30 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 4 of 16 Mayor Andrus opened the meeting for public comment on Consent Agenda I and Consent Agenda II. 00:13:48 Christopher Brizzolara, Public Comment Christopher Brizzolara commented in support of the Bridger View PUD. He noted his personal proposal for affordable housing. 00:14:56 Emily Talago, Public Comment Emily Talago commented in opposition to item G13, a contract with Economic Professional Services. 00:18:27 Motion I move to approve Consent Items 1-4 and Consent Items 6-18 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:18:46 Vote on the Motion to approve I move to approve Consent Items 1-4 and Consent Items 6-18 as submitted.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 00:19:22 Motion I move to approve Consent Item G5 as submitted. I-Ho Pomeroy: Motion Terry Cunningham: 2nd 00:19:30 Vote on the Motion to approve I move to approve Consent Item G5 as submitted.The Motion carried 4 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Christopher Coburn Disapprove: 31 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 5 of 16 None H)00:20:02 Public Comment Mayor Andrus opened the meeting for general public comment. 00:22:37 Christopher Brizzolara, Public Comment Christopher Brizzolara commented on minimum wage and engagement. 00:26:25 Norris Blossom, Public Comment Norris Blossom the student body president of Montana State University commented in support of Streamline's full budget request. 00:28:40 Linda Gabel, Public Comment Linda Gabel commented on allocating funds toward mental health services. 00:32:25 Jan Strout, Public Comment Jan Strout commented on using the budget to study marginalized women and girls affected by the Corona virus, to move money from the police budget to crisis response, and to use ARPA funds for direct assistance for marginalized women. 00:36:11 Mark Egge, Public Comment Mark Egge commented in support of Streamline's full budget request. 00:39:24 Emily Talago, Public Comment Emily Talago commented in support of staff's outreach to the community. 00:41:49 Lei-Anna Bertelsen Lei-Anna Bertelsen, speaking on behalfof the Task Force to Advance the Status and Safety of Women and Girls, commented in support of the GAPS Analysis and urged the Commission to allocated money to Diversity Equity and Inclusion. 00:45:06 Commission Responds to Public Comments I)00:47:29 Action Items I.1 00:47:31 Resolution 5308 Adopting Fiscal Year 2022 Budget Final Budget Adoption Information.docx Overall FY22 Budget Summary.pdf FY2022 Detail Appropriations and fund balances.pdf 32 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 6 of 16 Resolution 5308- FY22 Appropriation Resolution.docx Binder For Final Budget Ranking of FTE and CIP.pdf 00:47:31 CM Introduction 00:47:28 Staff Presentation CM Mihelich presented an overview of the budget process. He also provided the highlights of the budget and a financial summary by fund and type. He highlighted items of note. 00:55:42 Questions of Staff 01:36:44 Public Comment 01:37:50 Ralph Zimmer Ralph Zimmer commented the line items titled "bicycle improvements" are funds for bike and pedestrian improvements. He encouraged an amendment to change the label on the items to "bike/ped" or "nonmotorized". 01:40:42 Emily Talago Emily Talago commented on mental health services and moving police funds in order to put more money toward CRT. 01:40:51 Damian Dlakic Damian Dlakic commented on affordable rent. He commented on using the police budget increase for mental health professionals. He commented on preserving open space. 01:48:08 Sunshine Ross Sunshine Ross, HRDC's transportation director, commented on funding Streamline's budget request. 01:51:32 Natalie Wilkinson Natalie Wilkinsoncommented in support of moving money from the police budget to social welfare programs. 01:56:29 Hunter Ricow Hunter Ricow commented on police body cameras and crisis response. 02:00:40 Evan Rainey Evan Rainey commented on public comments regarding progressive change. 33 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 7 of 16 02:03:56 Vanessa Palmer Vanessa Palmer, HRDC's Transportation Program Manager, commented in support of funding Streamline's budget request. 02:08:31 Motion I move to approve Resolution 5308 adopting the City's Fiscal Year 2022 budget. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:09:16 Motion I move increase expenditures in the public works administration fund up to $36,000 for grant writing contracted services. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:10:16 Discussion Mayor Andrus spoke in support of the motion as it is part of the Strategic Plan. She noted the City used to have this position. DM Cunningham spoke in support of the motion due to the complications of grants and federal funds. Cr. Madgic spoke in support of the motion for reasons stated. Cr. Coburn said he will support the motion in hopes that the grant writer will look at a broad scope of grants available. Cr. Pomeroy spoke in support. 02:15:01 Vote on the Motion to approve I move increase expenditures in the public works administration fund up to $36,000 for grant writing contracted services. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:15:38 Motion I move to allocate $30,000 of general fund money to assisting the creation of a sobering center/intake center in Gallatin County. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:16:06 Discussion 34 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 8 of 16 DM Cunningham commented in support of the motion as it fulfills Strategic Plan Item 1.4.2 to enhance and provide non-medical social detoxification services. Cr. Madgic will support this motion for reasons stated by Deputy Mayor. Cr. Coburn spoke in support of the motion for reasons. Cr. Pomeroy spoke in support of the motion. DM Cunningham clarified his motion is following a recommendation of Gallatin Valley Behavioral Health for an intake center to begin the detox process. Mayor Andrus will be supporting the motion. She noted that mental health services are not in the list of goals and priorities the Commission set this year, but it is in the strategic plan. 02:26:47 Vote on the Motion to free form I move to allocate $30,000 of general fund money to assisting the creation of a sobering center/intake center in Gallatin County. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:27:15 Motion I move to add $100,000 in appropriation for arterial and collector funds to fund a bicycle blvd engineering study with the goal of identifying a minimum of two bicycle boulevards from our Transportation Master Plan and performing the necessary engineering studies to prepare them for inclusion in a future Capital Improvement Plan. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:27:55 Discussion DM Cunningham highlighted bicycle boulevards are a safe way to prioritize bicycles in certain routes that allow bicycles to safely travel. He noted that the Transportation Master Plan has dozens types of proposed bicycle boulevards. He hopes that the creation of safe bike routes will increase bicycle usership throughout the City. Cr. Madgic spoke in support of the motion for reasons previously stated and added it could increase bike commuters. Cr. Coburn spoke will be supporting the motion. Cr. Pomeroy spoke in support of the motion. Mayor Andrus spoke in support of the motion as part of the Strategic Plan and the Climate Plan implementation. 02:32:17 Vote on the Motion to approve I move to add $100,000 in appropriation for arterial and collector funds to fund a bicycle blvd engineering study with the goal of identifying a minimum of two bicycle boulevards from our Transportation Master Plan and performing the necessary engineering studies to prepare them for inclusion in a future Capital Improvement Plan. The Motion carried 5 - 0 35 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 9 of 16 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:32:50 Motion I move to increase the Community Housing Funds from 3 mills to 4 mills paid for with a 1 mil increase. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:33:09 Discussion Deputy Mayor Cunningham spoke in support of the motion because the affordable housing crisis is a number one priority. He noted of the loss of inclusionary zoning. Cr. Madgic spoke in support of the motion. Mayor Andrus will not be supporting the motion due to a potential tax increase in the year after Covid. Cr. Coburn will be supporting the motion. He asked DM Cunningham for an increase of 2 mils instead of the original 1 mil proposal. Cr. Pomeroy spoke in support of the motion for 1 mil increase. Due to Commission support, DM Cunningham amended his oringal request to a 2 mil increase brining the total Community Housing Funds to 5 mils. 02:42:59 Motion I move to increase the Community Housing Funds from 3 mils to 5 mils paid for with a 2 mil increase. Terry Cunningham: Motion Jennifer Madgic: 2nd 02:43:24 Discussion DM Cunningham noted what 5 mills could do in negotiations with developers to bring in missing middle housing and affordable housing. Cr. Madgic will be supporting the motion. Mayor Andrus will not be supporting the motion for reasons previously stated. Cr. Coburn spoke in support of the motion. Cr. Pomeroy spoke in support of the motion. 02:49:47 Vote on the Motion to approve I move to increase the Community Housing Funds from 3 mils to 5 mils paid for with a 2 mil increase. The Motion carried 4 - 1 Approve: 36 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 10 of 16 Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: Cyndy Andrus 02:50:30 Motion I move to add $500,000 in ARPA funds from contracted services for assistance to households. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:50:44 Discussion Cr. Madgic noted public comments regarding people struggling in the community. Cr. Coburn noted he feels $500,000 is not enough but there may not be enough support to get more money. He noted unmet community needs due to the pandemic. Cr. Pomeroy spoke in support of the motion due to reasons stated by other commissioners. Mayor Andrus will be supporting the motion and noted her agreement with the structure put forth by Staff. Deputy Mayor Cunningham will be supporting the motion. He voiced his hesitation in using one RFP and soliciting one partner as opposed multiple; however, he noted they are not talking about the specifics in the motion. CM Mihelich gave a brief overview of the proposed structure of the RFP for selecting and distributing the assistance. 02:56:52 Vote on the Motion to approve I move to add $500,000 in ARPA funds from contracted services for assistance to households.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 02:57:21 Motion I move to support Streamline's request for an extra $100,000 with funds from REAL Training and the Scanning Budget. Jennifer Madgic: Motion Christopher Coburn: 2nd 02:58:15 Discussion 37 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 11 of 16 Cr. Madgic highlighted the public comments made in support of the Streamline funding request and noted Streamline is considered when the City is considering how to grow. She spoke in support of more partners to create a largertransportation network. Cr. Coburn spoke in support of the motion and highlighted the work done by the HRDC and Streamline. Cr. Pomeroy spoke in support of the motion and thanked HRDC for all services the provide to the community. DM Cunningham noted a transportation study completed last year and the potential of becoming an MPO. He noted the City may not be a reliable source of funding without outside funding. Mayor Andrus noted she does not want to remove funds from REAL training or the scanning project and highlighted that once the City becomes an MPO, there will be more funding. She noted that the City is fulfilling the majority of the Streamline request and the County has chosen not to fund Streamline. CM Mihelich clarified even with the removal of $30,000 from REAL training budget, there will still be money to do the training because of a received grant. Mayor Andrus clarified she will be supporting the motion if it does not negatively impact the DEI training. 03:08:50 Vote on the Motion to approve I move to support Streamline's request for an extra $100,000 with funds from REAL Training and the Scanning Budget. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:10:03 Motion I move to reallocated $200,000 from the police budget to fund a nonpolice crisis response study and implementation. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 03:10:40 Discussion Cr. Coburn highlighted a crisis response team is in section 1.1.3 of the Strategic Plan, to establish a non law enforcement crisis response program. He noted some capital items in the police budget that are not critical. He would like to use those funds to create a non law enforcement program. Cr. Pomeroy will not be supporting the motion. She noted Bozeman's safe community stems from good police officers. 38 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 12 of 16 DM Cunningham noted the county wide program in which crisis responders show up alongside law enforcement. He agreed there is a need to study a broader model of crisis response, such as CAHOOTS. He will not be able to support the motion. Cr. Madgic agreed with Cr. Pomeroy and DM Cunningham and noted she would prefer to be cautious and change a system in incremental steps. Mayor Andrus will not be supporting the motion. She would like to learn more about a crisis response model. 03:23:22 Vote on the Motion to approve I move to reallocated $200,000 from the police budget to fund a non-police crisis response study and implementation. The Motion failed 1 - 4 Approve: Christopher Coburn Disapprove: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic 03:23:50 Motion I move to add $10,000 to general fund for a non-police crisis response study. Christopher Coburn: Motion I-Ho Pomeroy: 2nd 03:24:11 Discussion Cr. Coburn noted he would rather create a program than study one, but he would like to start moving non police crisis response forward. Cr. Pomeroy asked for clarification. Cr. Madgic will be supporting the motion for reasons previously stated by Cr. Coburn. DM Cunningham highlighted this money is not in the original recommended budget proposal, but has been added to the recommend budget slides. He will be supporting this motion. Mayor Andrus will be supporting this motion and feels the amount of money is appropriate. 03:31:00 Vote on the Motion to approve I move to add $10,000 to general fund for a non police crisis response study.The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 39 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 13 of 16 03:31:22 Additional Discussion 03:45:15 Vote on the Motion to free form I move to approve Resolution 5308 adopting the City's Fiscal Year 2022 budget. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None 03:45:36 Mayor Andrus called the meeting to recess. 03:52:15 Mayor Andrus called the meeting back to order. I.2 03:52:14 Ordinance 2076, Generally Revising the Regulations of Firearms and Other Weapons in City Facilities ORDINANCE NO. 2076 generally revising regulation of firearms and other weapons.pdf LR-130.pdf HB 102.pdf 03:52:19 City Manager Introduction 03:52:58 Staff Presentation Assistant City Attorney, Anna Saverud, presented the Ordinance. Her presentation included an overview of new state laws that have changed the previous firearms and weapons regulations. She gave a summary of Ordinance 2076 and provided the recommended motion. 04:00:10 Mayor Andrus extended the meeting until 10:30pm. 03:54:13 Questions of Staff 04:01:03 Public Comment There were no public comments. 04:03:38 Motion I move to provisionally adopt Ordinance 2076, generally revising the regulation of firearms and other weapons in city facilities, revising definitions, and providing for screening and denial of entry to city facilities for non-compliance. Jennifer Madgic: Motion Christopher Coburn: 2nd 40 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 14 of 16 04:04:03 Discussion 04:06:08 Vote on the Motion to approve I move to provisionally adopt Ordinance 2076, generally revising the regulation of firearms and other weapons in city facilities, revising definitions, and providing for screening and denial of entry to city facilities for non-compliance. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None J)04:06:36 Work Session J.1 04:06:39 Direction to the City Manager on Moving Forward with Consolidation of City Boards to Align with the City's Adopted Strategic Plan Board Consolidation Proposal Staff Memorandum May 27, 2021.docx Board Appendix.docx 04:06:48 Staff Presentation CM Mihelich provided the staff presentation. He presented the concept of high performing boards and their advantages. He reviewed engagement done with the board chairs in order to form the proposed structure. He highlighted the current board structure and the consolidated board structure. CM Mihelich noted what the "super boards" will look like and possible changes to the initial proposal that were provided by the Commission. 04:12:13 Questions of Staff and Revisions from Commission 04:41:56 Public Comment 04:43:32 Ralph Zimmer, Public Comment Ralph Zimmer commented in opposition to the Pedestrian and Traffic Safety Board being a part of the Transportation Super Board. 04:47:23 Mayor Andrus extended the meeting until 11:00pm. 04:47:18 Marilee Brown, Public Comment Marilee Brown spoke on behalf of PTS in opposition to the Pedestrian and Traffic Safety Board being a part of the Transportation Super Board. 04:51:15 Jason Delmue, Public Comment 41 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 15 of 16 Jason Delmue commented on behalf of the Bozeman Area Bicycle Board the following: 1) do not eliminate BABAB due to their specific perspective 2) Ensure the Transpiration Super Board requires a certain number of members with bike specific knowledge 3) not to have term limits 4) the role of the impact fee advisory committee include street impact and be a part of the Transportation Super Board 5) include transit in the Transportation Super Board 6) add parking to Transportation Super Board. On his own behalf, Jason Delmue commented in support of the Historic Preservation Advisory Board separate from the Community Development Super Board. He believes the Community Development Super Board should be capped at 9 members. 04:55:23 Direction to City Manager 05:04:03 Mayor Andrus extended the meeting until 11:20pm. Communications Coordinator Melody Mileur Tracked Commission Changes and Direction Consolidated Boards Independent Boards Community Development Planning Zoning Design Review Board (DRB) Impact Fees Library Board Ethics Board Inter Neighborhood Council (INC) Downtown Urban Renewal District (URD) All Other URDS combined Transportation Coordinating Committee (TCC) Historic Preservation Advisory Board (HPAB) MAYORAL LIAISON: Building Board of Appeals Fire Board of Appeals Police Commission Other Direction: Community Development and Transportation – TWO THREE YEAR TERMS Urban Parks & Forestry, Sustainability, and Economic Vitality –TWO TWO YEAR TERMS Develop measurable metrics for diversity, equity, and inclusion on boards Change Community Development Board members to 9 total Review plan in 2 years Economic Vitality Community Housing Diversity, Equity, Inclusion Economic Development Sustainability Recreation & Parks Advisory Board (Recreation) Beautification Climate Urban Parks & Forestry Tree Cemetery Recreation & Parks Advisory Board (Parks) Transportation Parking Pedestrian Traffic Safety Committee (PTSC) 42 Bozeman City Commission Meeting Minutes, June 22, 2021 Page 16 of 16 Other Direction: Community Development and Transportation –TWO THREE YEAR TERMS Urban Parks & Forestry, Sustainability, and Economic Vitality –TWO TWO YEAR TERMS K)05:14:59 Appointments K.1 05:15:03 Appointment to the Parking Commission 06-07-21 CAB Application - M. Egge, reapplicant.pdf 05:15:12 Public Comment There were no public comments. 05:16:47 Motion I move to appoint one member, Mark Egge, to the Parking Commission with a term ending June 30, 2025. Terry Cunningham: Motion Jennifer Madgic: 2nd 05:16:58 Vote on the Motion to free form I move to appoint one member, Mark Egge, to the Parking Commission with a term ending June 30, 2025. The Motion carried 5 - 0 Approve: Cyndy Andrus Terry Cunningham I-Ho Pomeroy Jennifer Madgic Christopher Coburn Disapprove: None L)05:17:22 FYI / Discussion M)05:17:57 Adjournment Bozeman Area Bicycle Advisory Board 43 Memorandum REPORT TO:City Commission FROM:Levi Stewart, Interim Accounting Technician Kristin Donald, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission approves payment of the claims. 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:Section 7-6-4301 MCA states that claims should not be paid by the City until they have been first presented to the City Commission. Claims presented to the City Commission have been reviewed by the Finance Department to ensure that all proper supporting documentation has been submitted, all required departmental authorized signatures are present indicating that the goods or services have been received and that the expenditure is within budget, and that the account coding is correct. Due to the Independence Day Holiday, there were no checks issued for July 14th, 2021. UNRESOLVED ISSUES:Please approve checks from June 30th and July 7th, due to no meetings on June 29th and July 6th respectively. ALTERNATIVES:As suggested by the City Commission. 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 http://www.bozeman.net/government/finance/purchasing. Individual claims in excess of $100,000: to be announced in weekly e-mail from Interim Accounting Technician Levi Stewart. Report compiled on: July 2, 2021 44 Memorandum REPORT TO:City Commission FROM:Susana Montana, Senior Planner Brian Krueger, Development Review Manager Martin Matsen, Community Development Director SUBJECT:Approve the Allison Phase 4B Subdivision Final Plat, South 11th Avenue and Arnold Street, Application 20430 (Quasi-Judicial) MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Approve the Final Plat for the Allison Phase 4B Subdivision and authorize the Director of Public Works to execute the same on behalf of the City of Bozeman and authorize the Director of Community Development to execute the Improvements Agreement on behalf of the City of Bozeman, Application 20430. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: The Bon Ton, Inc. of Billings made application to the City of Bozeman Department of Community Development for review and approval for the Allison Subdivision Phase 4B Subdivision Final Plat for the subdivision of 48.21 acres into two lots: (1) a 0.167 acre Lot 1, Block 8 for single-household development; and (2) a 48.043 acre undevelopable Lot R-1. The Preliminary Plat for the 48.21 acre Phase 4 Subdivision was approved on February 10, 2020. The Commission approved the attached Findings of Fact and Order on March 23, 2020. An improvements agreement is required for this subdivision for the following three improvements: (1) Installation of park trail delineation markers; (2) watercourse setback planting for Lot 1, Block 8; and (3) boulevard landscaping for Lot 1, Block 8. The estimated cost of said improvements have been estimated by Red Barn Montana Landscape Design and Build Company and this cost plus 150 percent totals $10,365.42. A financial guarantee in the form of a check made out in that amount by Madison Engineering has been provided to the Community Development Department by the Applicant. UNRESOLVED ISSUES:There are no known unresolved issues. 45 ALTERNATIVES: None suggested or proposed. 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 developed Lot 1, Block 8. Attachments: 20430 Allison 4B FP Sheet 1 of 3.pdf 20430 Allison 4B FP Sheet 2 of 3.pdf 20430 Allison 4B FP Sheet 3 of 3.pdf Findings of Fact and Order - Allison Phase 4 Major Subdivision Preliminary Plat 19002.pdf 20430 Allison FP staff report.pdf Report compiled on: June 15, 2021 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 MEMORANDUM ---------------------------------------------------------------------------------------------------------- TO: TIM COOPER, ASSISTANT CITY ATTORNEY MIKE MAAS, CITY CLERK FROM: SUSANA MONTANA, SENIOR PLANNER, DEVELOPMENT REVIEW DIVISION RE: FINAL PLAT REVIEW FOR THE ALLISON PHASE 4B MAJOR SUBDIVISION FINAL PLAT, PLANNING FILE NO. 20430 DATE: June 15, 2021 ---------------------------------------------------------------------------------------------------------- The Bon Ton, Inc. of Billings (Applicant), made application to the City of Bozeman Department of Community Development for Final Plat review and approval for the Allison Subdivision Phase 4B Subdivision Final Plat for the subdivision of 48.21 acres into two lots: (1) a 0.167 acre Lot 1, Block 8 for single-household development; and (2) a 48.043 acre undevelopable Lot R-1. The Preliminary Plat for the 48.21 acre Phase 4 Subdivision was approved on February 10, 2020. Attached is a copy of the Preliminary Plat Findings of Fact and Order, Project No. 19002. The Commission approved the Findings of Fact and Order on March 23, 2020. Major multi-phased subdivision approvals are valid for three years plus extensions. One improvements agreement is required for this subdivision for the following three improvements: (1) Installation of Park trail delineation markers; (2) watercourse setback planting for Lot 1, Block 8; and (3) boulevard landscaping for Lot 1, Block 8. The estimated cost of said improvements have been estimated by Red Barn Montana Landscape Design and Build Company at $10,365.42. A financial guarantee in the form of a check made out in that amount by Madison Engineering has been provided to our Department by the Applicant. Based on the summary review provided below, the City Engineering Department and Department of Community Development have reviewed the Final Plat application against the conditions of Preliminary Plat approval; and, as a result, find that the Final Plat application may be approved by the City Commission. As listed below in the Attachments, three (3) original Mylars of the Final Plat, original Platting Certificate, property owner association documents, improvements agreement, SID waiver of right to protest, and a copy of the Preliminary Plat Findings of Fact and Order are attached for your review. The Community Development staff respectfully requests that you (1) prepare City Attorney's Certificates using the attached original Certificate of Title, as updated; and (2) approve the 80 Page 2 of 2 Certificates of Director of Public Works and Certificate of Completion "as to form". The final City signatures will be obtained once the City Commission has approved the final plats. Due to adoption of HB 259 Montana legislation related to inclusionary affordable housing zoning, the City will not enforce the requirements for affordable housing cash-in-lieu as originally required during the preliminary plat process and as reflected in the findings of fact for this subdivision. The affordable housing plan and plat notes related to affordable housing have been removed from the final plat Sheet 3 Conditions of Approval. A completed application was submitted to the Community Development Department on June 14, 2021, it was deemed adequate on June 15, 2021. The final plat review must complete review within a 20-day (working days) review period. The review period begins once the application is complete and adequate for review. The Community Development Department and Engineering Department have reviewed the Final Plat application against the Preliminary Plat cited conditions of approval and code provisions and found compliance with these requirements. The Engineering Department has also reviewed and approved the “closure” of the final plat. The project is scheduled for consideration by the City Commission on July 13, 2021. Materials for the agenda will be uploaded June 16, 2021. Please let me know if this will not work. Attachments: Three (3) Mylar Final Plats Platting Certificates/Certificates of Title, January and April 2021 Improvements Agreement Addendum to the Subdivision Covenants Lot 1, Block 8 Restricted Development Covenants Lot R-1 Building Restriction Notice Street improvements SID waivers Preliminary Plat Findings of Fact and Order Project No. 19002 C: 20430 Allison 4B Final Plat Project File 81 Memorandum REPORT TO:City Commission FROM:Mikaela Schultz, Engineer I Scott Shirley, Interim Director of Public Works SUBJECT:Authorize the City Manager to Sign a Utility Easement for Telephone, Electric Power, Gas, Internet, Cable Television or Other Similar Utilities or Services for the New Age Artisan MOD (21128) MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to sign a utility easement for telephone, electric power, gas, internet, cable television or other similar utilities or services for the New Age Artisan MOD (21128). STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed agreement. Engineering staff reviewed the document and found it to be acceptable. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:N/A Attachments: Utility Easement Report compiled on: June 15, 2021 82 83 84 85 86 Memorandum REPORT TO:City Commission FROM:Waldo SUBJECT:Authorize the Mayor to Sign a Memorandum of Understanding with Montana State University (MSU) for Collective Understanding for Future of Fire Station #2 MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize the Mayor to sign a memorandum of understanding (MOU) with Montana State University (MSU) to establish the parties’ current collective understanding of the basis for a future formal agreement between the City and MSU for the construction and occupation of Fire Station #2. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: The City and Montana State University (MSU) have agreed that developing a plan to relocate Fire Station #2 to the MSU campus at the corner of S. 7th Ave and Kagy Blvd is mutually beneficial to both parties. This relocation would include the signing for a formal land lease agreement between the City and MSU prior to commencement of construction on the project. As the relocation and construction of this fire station requires the approval of a bond measure by the public, both parties agree that entering in to the formal land lease agreement should not occur unless there is a successful ballot initiative. The attached MOU establishes the parties’ current collective understanding of the basis for a future formal agreement between the City and MSU for the construction and occupation of the fire station. UNRESOLVED ISSUES:None at this time ALTERNATIVES:As suggested by Commission FISCAL EFFECTS:None Attachments: Memorandum of Understanding with Montana State for Fire 87 Station 2.pdf Report compiled on: June 30, 2021 88 Memorandum of Understanding City of Bozeman and Montana State University - Bozeman Development of the City’s Fire Station Two The City of Bozeman (City), a self-governing municipality operating pursuant to its Charter and the laws of the State of Montana, and Montana State University - Bozeman (MSU) enter into this Memorandum of Understanding on this ___ day of July, 2021 related to the development of a new City fire station on 1.4 acres of MSU’s campus east of the intersection of Kagy Boulevard and South 7th Avenue. The purpose of this memorandum is to establish the parties’ current collective understanding of the basis for a future formal agreement between the City and MSU for the construction and occupation of the fire station. The City’s Fire Master Plan (August 2017) acknowledges relocating existing fire station #2 to a location on MSU’s campus will better serve the Bozeman community. In addition, MSU benefits from the City locating a fire station on campus by ensuring the City’s emergency response services are closer to its facilities, students, faculty, employees, and guests. As such, the parties’ recognize the development of a new fire station on MSU’s campus is in their collective interest. The parties also understand City voters must approve the sale of up to $7,000,000 in general obligation bonds at the November 2, 2021 election for the City to proceed with development and construction of the fire station. In addition, the parties understand that if the voters approve the sale of bonds to finance construction, the parties must then enter into a long-term land lease agreement to formally memorialize the City’s occupation of the property. MSU has obtained the Montana Board of Regents approval of the basic terms of the land lease agreement. The terms will include an initial lease term of twenty years (with three successive automatic extensions of ten years each). The annual lease rate will be determined after the November 2, 2021 election. In addition to these basic terms, the City will consult with MSU on the design of the site and building and needed infrastructure improvements. The parties understand it is in their best interest to cooperate in these and all other aspects of the development of a new City fire station on MSU’s campus. ____________________________ __________________________ Mayor, City of Bozeman President, Montana State University 89 Memorandum REPORT TO:City Commission FROM:Jill Miller, WTP Superintendent Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Desktop SCADA PC Upgrade Proposal with Pall Water MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a desktop SCADA PC upgrade proposal with Pall Water. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Supervisory Controls and Data Acquisition (SCADA) program and PC that control the membrane operations of the Water Treatment Plant has been in service since March of 2014. The PC is a Windows 7 computer and the software is a 2012 version. Both need to be upgraded for security and reliability purposes. The City has purchased the upgraded computer. Pall Water will be installing the upgrade of SCADA software (Wonderware) to the computer to make it compatible with our other SCADA computers and software. They will also double check the system once it is put online to ensure it is working properly. Having this upgrade completed will make the Water Treatment Plant controls more secure and robust again potential outside attacks. It will also allow the WTP to upgrade the rest of the SCADA software in the next few years. UNRESOLVED ISSUES:None. ALTERNATIVES:Leave as is and risk computer failure or security breach. FISCAL EFFECTS:Money is budgeted for in WTP Operations budget. Attachments: City of Bozeman Desktop PC upgrade Final.pdf Report compiled on: June 28, 2021 90 Pall Water Pall Technology Services 1 of 12 Confidential - Company Proprietary 839 State Route 13 Cortland New York 13045-5630 Tel: 866.475.0115 ▲ FAX: 607.758..4526 Email: pall_technology_csc@pall.com Attn: Jill Miller Email: jmiller@BOZEMAN.NET Pall Proposal No.: OPP1458390R3 Date: April 28 , 2021 Re: PC Upgrade The City of Bozeman As a follow up to your discussion with Pall, we are pleased to offer a proposal for technical services. We will arrange support pending receipt of your purchase order.. Scope of Services Technical Scope of Supply – Desktop SCADA PC Upgrade Pall proposes to install SCADA software and application programming ("screens") on a customer-provided desktop SCADA PC to operate as the plant SCADA system operating on Microsoft Windows 10, using the existing license of Wonderware InTouch HMI 2020. *** PLEASE NOTE: The PC must meet minimum specifications: a. The processor must be at least an i5 processor (i3 and lower are not adequate) b. The operating system must be either Windows 10 Professional or Windows 10 Enterprise (Home is not adequate) c. There must be at least 8GB of RAM. We recommend 16GB or more for performance reasons d. The hard drive must be at least 500GB e. There must be two Ethernet connections, or “NIC” cards. This allows the computer to communicate with the controls network (which has fixed IP addresses) and an internet connection. Pall intends to perform the installation work remotely via internet connection. There must be a high-speed internet connection, and either TeamViewer or a VPN connection configured on the PC to allow the work to proceed. Additionally, there will need to be someone at the site available for assistance while the upgrade is being performed. This is mainly just in case someone has to do or check something at the site like checking connections or manually rebooting the PC. Once high-speed internet connection is reliably established, Pall will perform the following: - Install/relocate existing Wonderware InTouch software, associated utilities, add-ons and extensions. Both Development and Runtime software will be installed for Wonderware InTouch. These licenses will be relocated from an existing computer. - Provide and install a new license of Rockwell Software RSLinx - Install Wonderware applications ("screens") for Pall Water system and complete any necessary configuration for proper operation. - Configure Microsoft Office software (required for Daily Reporting to function). License to be provided by others. - Provide and install ActiveX prompt software (required for use with InTouch) - Install RSLogix5000, relocating existing license from an existing computer - Install prompting software for SCADA - Simulate & test the operation of the PC before turning over use to site personnel No site visit by a Pall Field Service Engineer is provided. The customer will install the computer prior to software installation and upgrade work commences. The customer will then be required to contact Pall to log into the computer remotely. Pall can provide remote telephone support to guide the customer through the installation process as needed. 91 Pall Water Pall Technology Services 2 of 12 Confidential - Company Proprietary All software licenses for the software listed above will be moved from the old computer to the new one, unless otherwise noted. As necessary, Pall will work with the customer to obtain the most current copies of SCADA screens and other site-specific programming for installation on the new PC. Customer must provide current software license numbers of all Rockwell Software (RSLinx). Customer must provide current software license numbers of all Wonderware software. The Wonderware serial number (proof of ownership) must be approved by its manufacturer; otherwise a price increase will be required. Installation of any software not originally provided by Pall, as listed above, is not included and must be completed by others. Freight Charges are not included. Disclaimer: This proposal is based on information and conditions known at the time of quotation. Pall Water reserves the right to revise this proposal through change order(s) should conditions vary significantly from those known at the time of quotation and require additional work or materials. PROPOSAL SUMMARY PC Upgrade (Desktop w/Wonderware InTouch) $ 11,955.17 Total amount for purchase order: $ 11,955.17 Service Reports: If service reports are required by your site to comply with your company or state regulations, please indicate on your order that service report documents are required. Service reports detailing the visit and recommendations will then be provided. Materials: This proposal covers parts and services. Validity: This proposal is valid for 30 days. Terms of Sale: Standard Terms and Conditions of Sale Non-Systems – The Americas Terms of Service: ▪Regular minimum service charge is for a 10-hour day. Service Order acceptance and payment terms: Pall Advanced Separations Systems requires all accounts outstanding beyond 30 days to be paid in full prior to order acceptance. Your account status will be verified at the time of order placement, and you will be notified if you have a balance due. To avoid order processing, goods shipment or service scheduling delays, please insure your account is up to date in advance of placing your order. Charges per the proposal will be billed automatically upon completion of the service, and sign-off of the service report, and become payable within 30 business days of receipt of the invoice. Changes: Pall shall not implement any changes in the scope of services described in Pall’s proposal unless the Customer and Pall agree to the details of the change. Any resulting price, schedule or other contractual modifications, will require a verbal change called into Pall’s Customer Service Department, with a follow up written confirmation. This includes any changes necessitated by a change in applicable law. A Purchase Order or written authorization to accept the contract of work as described, along with a signed copy of the attached Customer authorization for service is required in advance of PASS providing the service defined in this proposal. 92 Pall Water Pall Technology Services 3 of 12 Confidential - Company Proprietary Please direct your purchase order to: Pall Water Pall System Services P.O. Box 5630 839 State Route 13 Cortland, New York 13045-5630 Tel: 866-475-0115 / Fax: 607.758.4526 Email: Pall_Technology_csc@pall.com Attn: Customer Service Pall Proposal No.: OPP1458390R3 Date: April 28 , 2021 Pall Systems Support To obtain support for your Pall systems installation, our Customers can contact Pall via our toll free number at 866-475-0115 or by email to pall_technology_csc@pall.com. Through this channel, you gain access to warranty assistance, technical support as well as our service and spares team. Pall Customers have access to this 24/7 Service Hotline. Pall System Engineers are on full-time rotation to provide around-the-clock availability of live technical support. This service is charged at $275 for support time for the first 30 minutes, during normal workday hours between 9:00-AM and 4:00-PM EST, excluding weekends and holidays. If your system is out of warranty or does not have a 24/7 service support contract, there will be a charge when technical support is to be provided for intervals longer than 30 minutes, or after-hours technical support to resolve the issue. Extensive off-site support will require a purchase order or credit card. Billing is based on a minimum 1-hour charge at Pall’s off-site hourly service rate. You will be asked to provide your credit card number or service contract purchase order number that will be billed at Pall’s Off-Site Service Rates, with a minimum 1-hour charge. If the problem cannot be resolved over the telephone, the Customer can request a Pall System Service Representative to visit the site location. You will be quoted an Emergency Service Rate and billed for last-minute travel expenses. Please feel free to call me at your convenience with any questions or comments. We look forward to providing you with field services to assist you with system operation, and await your purchase order. Sincerely, Alexander Braman Inside Sales Representative Cell: 720-202-6536 E-mail: alexander_braman@pall.com 93 Pall Water Pall Technology Services 4 of 12 Confidential - Company Proprietary Pall Proposal.: OPP1458390R3 Date: April 28, 2021 Pall Proposal No.: Effective Date and Duration: This Agreement will be effective as of the date signed below, and will remain in effect: • until on site service work has been completed by Pall, • or until 30 days after receipt of notice of termination by either party. Customer Billing Address: Customer Comments: Purchase Order No. or Reference for Billing: Circle Service Visit Frequency: Annual Semi-Annual Quarterly Single Emergency Requested Date(s) to Schedule Service Visit(s): (unless deemed emergency service, please allow a 4-week window to accommodate scheduling by Pall.) Date Signature Title/Position Print Name Company: I am an authorized representative of the customer, and I accept the Terms and Conditions of this Service Agreement on behalf of the customer. I authorize Pall Corporation to perform the work defined in this agreement, and accept the costs and charges defined in this agreement. Customer Authorization for Service City of Bozeman Jeff Mihelich City Manager July/August WTPJMM07012021 94 Pall Water Pall Technology Services 5 of 12 Confidential - Company Proprietary Standard Terms and Conditions of Sale Non-Systems – The Americas Pall Water 1.Applicability: Entire Agreement: 1.1. These terms and conditions of sale (these "Terms") are the only terms which govern the sale of the goods identified on Buyer's purchase order (the "Goods") by Seller to Buyer. By placing a purchase order, Buyer makes an offer to purchase the Goods pursuant to these Terms, including (a) a list of the Goods to be purchased; (b) the quantity of each of the Goods ordered; (c) the requested delivery date; (d) the unit Price for each of the Goods to be purchased; (e) the billing address; and (f) the delivery location (the “Basic Purchase Order Terms”), and on no other terms. 1.2. The accompanying quotation, proposal, confirmation of sale, invoice, order acknowledgment or similar document delivered by Seller to Buyer (the "Sales Confirmation"), the Basic Purchase Order Terms and these Terms (collectively, this "Agreement") comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of Buyer's general terms and conditions of purchase regardless whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer's order does not constitute acceptance of any of Buyer's terms and conditions and does not serve to modify or amend these Terms. 1.3. Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Goods covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. 2.Non-delivery: 2.1 The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's Shipment Point (as defined in Section 4) is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary. 2.2 Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence) unless Buyer gives written notice to Seller of the non-delivery within 10 days of the date when the Goods would in the ordinary course of events have been received. 2.3 Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered. 3.Delivery: 3.1 The Goods will be delivered within a reasonable time after the receipt of Buyer's purchase order, subject to availability of finished Goods. The delivery and/or shipping schedule is the best estimate possible based on conditions existing at the time of Seller's Sales Confirmation or Seller's quotation and receipt of all specifications, as applicable, and in the case of non-standard items, any such date is subject to Seller's receipt of complete information necessary for design and manufacture. Seller shall not be liable for any delays, loss or damage in transit or for any other direct, indirect, or consequential damages due to delays, including without limitation, loss of use. 3.2 Seller may, in its sole discretion, without liability or penalty, deliver partial shipments of Goods to Buyer and ship the Goods as they become available, in advance of the quoted delivery date. If the Goods are delivered in installments, then insofar as each shipment is subject to the same Agreement, the Agreement will be treated as a single contract and not severable. 95 Pall Water Pall Technology Services 6 of 12 Confidential - Company Proprietary 3.3 Seller shall make the Goods available to Buyer at Seller's factory or designated shipment point (each, “Seller’s Shipment Point") using Seller's standard methods for packaging and shipping such Goods. Buyer shall take delivery of the Goods within 5 days of Seller's written notice that the Goods have been delivered to the Seller’s Shipment Point. 3.4 If for any reason Buyer fails to accept delivery of any of the Goods on the date fixed pursuant to Seller's notice that the Goods have been delivered at the Seller’s Shipment Point, or if Seller is unable to deliver the Goods at the Seller’s Shipment Point on such date because Buyer has not provided appropriate instructions, documents, licenses or authorizations: (i) title and risk of loss to the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered; and (iii) Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). 4.Shipping Terms: Unless otherwise mutually agreed to in writing by the parties, delivery shall be FCA (Seller’s Shipment Point) INCOTERMS 2010. At Buyer’s request, Seller will, at Buyer's risk and expense, arrange for the delivery of the Goods to Buyer's site/facility and Buyer will pay, or reimburse Seller, for all freight charges, taxes, duties, entry fees, brokers’ fees, special, miscellaneous and all other ancillary charges and special packaging charges incurred. 5.Title and Risk of Loss: Title and risk of loss passes to Buyer upon the earlier of (i) delivery of the Goods at the Seller’s Shipment Point or (ii) deemed delivery pursuant to clause 3.4 above. As collateral security for the payment of the purchase price of the Goods, Buyer hereby grants to Seller a lien on and security interest in and to all of the right, title and interest of Buyer in, to and under the Goods, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the New York Uniform Commercial Code. 6.Inspection and Rejection of Nonconforming Goods: 6.1 Buyer shall inspect the Goods within 10 days of receipt (the "Inspection Period"). Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. Such notification shall identify each and every alleged nonconformity of the Goods and describe that portion of the shipment being rejected. Seller shall then respond with instructions as to the disposition of the Goods. 6.2 If Buyer timely notifies Seller of any nonconforming Goods, Seller shall, in its sole discretion, (i) replace such nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Buyer in connection therewith. Buyer shall ship, at its expense and risk of loss, the nonconforming Goods to Seller's Shipment Point. If Seller exercises its option to replace nonconforming Goods, Seller shall, after receiving Buyer's shipment of nonconforming Goods, ship to Buyer, at Buyer's expense and risk of loss, the replaced Goods to the Seller’s Shipment Point. 6.3 Buyer acknowledges and agrees that the remedies set forth in Section 6.2 are Buyer's exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 6.2, all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller. 6.4 If Seller delivers to Buyer a quantity of Goods of up to 5% more or less than the quantity set forth in the Sales Confirmation, Buyer shall not be entitled to object to or reject the Goods or any portion of them by reason of the surplus or shortfall and shall pay for such Goods the price set forth in the Sales Confirmation adjusted pro rata. 96 Pall Water Pall Technology Services 7 of 12 Confidential - Company Proprietary 7. Services: Seller will provide such services as are expressly described in the Sales Confirmation (collectively, the “Services”), during normal business hours, unless otherwise specified in the Sales Confirmation. Services requested or required by Buyer outside of these hours or in addition to the quoted or agreed upon services will be charged at Seller’s then current schedule of rates, including overtime charges, if applicable, and will be in addition to the charges outlined in the Sales Confirmation. 8. Purchase Price: The price for the Goods and/or Services thereof shall be Seller’s quoted price. Seller may also at any time assess a fuel or energy surcharge (in addition to the price of the Goods) (the “Purchase Price”). The Purchase Price is based on the project schedule defined in this Agreement, Sales Confirmation or applicable contract documents. Notwithstanding anything to the contrary set out herein, in the event of any delay to Seller’s delivery schedule caused by Buyer or its representatives (other than for Force Majeure or delays caused by Seller), including without limitation, a suspension of work or the project, a postponement of the delivery date or failure to timely issue of a notice of commencement or similar document, then the Purchase Price shall increase by 1% for every month or partial month of such delay and this Agreement shall be construed as if the increased Purchase Price were originally inserted herein, and Buyer shall be billed by Seller on the basis of such increased Purchase Price. 9. Taxes: The Purchase Price is exclusive of any applicable federal, state or local sales, use, excise or other similar taxes, including, without limitation, value added tax, goods and services tax or other similar tax imposed by any governmental authority on any amounts payable by Buyer. All such taxes will be for Buyer's account and will be paid by Buyer to Seller upon submission of Seller's invoices. Buyer agrees to make tax accruals and payments to the tax authorities as appropriate. If Buyer is exempt from any applicable sales tax or equivalent, but fails to notify Seller of such exemption or fails to furnish its Sales Tax Exemption Number to Seller in a timely manner and Seller is required to pay such tax, the amount of any such payment made by Seller will be reimbursed by Buyer to Seller upon submission of Seller's invoices. 10. Payment: 10.1 Buyer shall pay all invoiced amounts due to Seller within 30 days from the date of Seller's invoice. Buyer shall make all payments hereunder by EFT, wire transfer, or check and in US dollars. Payment for foreign billing shall be in accordance with Seller's written instructions. 10.2 Buyer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, reasonable attorneys' fees. In addition to all other remedies available under these Terms or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend performance of any Purchase Order, or suspend the delivery of any Goods, if Buyer fails to pay any amounts when due hereunder and such failure continues for 5 days following written notice thereof. Additionally Seller my require payment in cash, security or other adequate assurance satisfactory to Seller when, in Seller's opinion, the financial condition of Buyer or other grounds for insecurity warrant such action. 10.3 All sales are subject to the approval of Seller's credit department. Seller and Buyer both recognize that there is a risk of banking fraud when individuals impersonating a business demand payment under new banking or mailing instructions. To avoid this risk, Buyer must verbally confirm any new bank or mailing instructions by calling Seller and speaking with Seller’s accounts receivable contact before mailing or transferring any monies using the new instructions. Both parties agree that they will not institute any mailing or bank transfer instruction changes or require immediate payment under the new instructions but will instead provide a ten (10) day grace period to verify any payment instruction changes before any new or outstanding payments are due using the new instructions. 97 Pall Water Pall Technology Services 8 of 12 Confidential - Company Proprietary 10.4 Buyer may not withhold or setoff any amounts that may be claimed by Buyer against any amounts that are due and payable to Seller by reason of any set-off of any claim or dispute with Seller, whether relating to Seller's breach, bankruptcy or otherwise. 10.5 Notwithstanding anything herein to the contrary, this Agreement may be modified or terminated/cancelled, and scheduled shipments hereunder may be deferred or changed, only: (i) upon Buyer’s prior written notice to Seller, and Seller’s written acknowledgment of the notice; and (ii) upon terms satisfactory to Seller. Buyer shall pay to Seller all fees, charges and/or costs that Seller assesses because of any modification, termination/cancellation, deferment and/or change, including without limitation all termination/cancellation fees, restocking fees, storage fees, insurance costs, freight costs, nonrecurring engineering or production costs and recovery of cost plus reasonable profit required in the event of Buyer’s termination without cause. 11. Limited Warranty: 11.1 Limited Warranty for Goods. Seller warrants to Buyer that for a period of twelve months from the date of delivery of the Goods, including deemed delivery pursuant to clause 3.4 above (the "Warranty Period"), that the Goods manufactured by Seller, when properly installed and maintained, and operated at ratings, specifications and design conditions specified by Seller, will materially conform to Seller’s specifications for such Goods set forth in Seller’s proposal, or, in the absence of such a proposal, such specifications for such Goods appearing in Seller’s product catalogues and literature or in the Sales Confirmation, at the time of the order and will be free from material defects in material and workmanship (this “Limited Warranty”). Buyer shall notify Seller promptly in writing of any claims within the Warranty Period and provide Seller with an opportunity to inspect and test the Goods or service claimed to fail to meet this Limited Warranty. Buyer shall provide Seller with a copy of the original invoice for the product or service, and prepay all freight charges to return any Goods to Seller's factory, or other facility designated by Seller. All claims must be accompanied by full particulars, including system operating conditions, if applicable. If the defects are of such type and nature as to be covered by this Limited Warranty, Seller shall, at its option and in its sole discretion, either: (a) accept return of the defective Goods and furnish replacement Goods; (b) furnish replacement parts for the defective Goods; (c) repair the defective Goods; or (d) accept return of the defective Goods and return payments made, or issue credits for, such defective Goods. If Seller determines that any warranty claim is not, in fact, covered by this Limited Warranty, Buyer shall pay Seller its then customary charges for any additionally required service or products. 11.2 Limited Warranty for Services. Seller further warrants that all Services performed hereunder, if any, will be performed in a workmanlike manner in accordance with applicable law and industry standards by qualified personnel (this “Limited Warranty for Services”); this Limited Warranty for Services shall survive for 30 days following Seller’s completion of the Services (the “Service Warranty Period”). In the event of a warranty claim under this Limited Warranty for Services, Buyer shall inform Seller promptly in writing of the details of the claim within the Service Warranty Period. Seller’s liability under any service warranty is limited (in Seller’s sole discretion) to repeating the service that during the Service Warranty Period does not meet this Limited Warranty for Services or issuing credit for the nonconforming portions of the service. If Seller determines that any warranty claim is not, in fact, covered by the foregoing Limited Warranty for Services, Buyer shall pay Seller its then customary charges for all services performed by Seller. 11.3 No Warranty as to Third Party Products. Products manufactured by a third party ("Third Party Product") may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Goods. Third Party Products are not covered by the warranty in Section 11.1. For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL 98 Pall Water Pall Technology Services 9 of 12 Confidential - Company Proprietary PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. With respect to any Third Party Product, the warranty, if any, is provided solely through the manufacturer of such Third Party Product, the terms of which vary from manufacturer to manufacturer and Seller assumes no responsibility on their behalf. For Third Party Products, specific warranty terms may be obtained from the manufacturer’s warranty statement. 11.4 Other Limits. EXCEPT FOR THE WARRANTIES SET FORTH IN SECTIONS 11.1 and 11.2, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS AND SERVICES, INCLUDING WITHOUT LIMITATION ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Seller does not warrant against, and in no event shall Seller be liable for, damages or defects arising out of improper or abnormal use, misuse, abuse, improper installation (other than by Seller), application, operation, maintenance or repair, alteration, accident, or for negligence in use, storage, transportation or handling or other negligence of Buyer. In no event shall Seller be liable for any Goods repaired or altered by someone other than Seller other than pursuant to written authorization by Seller. All product warranties and performance guarantees shall only be enforceable if (a) all equipment is properly installed, inspected regularly and is in good working order, (b) all operations are consistent with Seller recommendations, (c) operating conditions at the job site have not materially changed and remain within anticipated specifications, and (d) no reasonably unforeseeable circumstances exist or arise. 11.5 Exclusive Obligation. THIS WARRANTY IS EXCLUSIVE. THE LIMITED WARRANTY AND THE LIMITED WARRANTY FOR SERVICES ARE THE SOLE AND EXCLUSIVE OBLIGATIONS OF SELLER WITH RESPECT TO THE DEFECTIVE GOODS AND SERVICES. SELLER SHALL NOT HAVE ANY OTHER OBLIGATION WITH RESPECT TO THE GOODS, SERVICES, OR ANY PART THEREOF, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THE REMEDIES SET FORTH IN SECTIONS 11.1 AND 11.2 SHALL BE THE BUYER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 11.1 AND 11.2. 11.6 Buyer Breach. In no event shall Buyer be entitled to claim under the above Limited Warranties if Buyer is in breach of its obligations, including but not limited to payment, hereunder. 12. Limitation of Liability: 12.1 IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, INCLUDING WITHOUT LIMITATION, REMANUFACTURING COSTS AND REWORK COSTS, DE-INSTALLATION OR REINSTALLATION COST, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN REASONABLY FORESEEN BY BUYER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (TORT, CONTRACT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND WHATEVER THE FORUM, WHETHER ARISING OUT OF OR IN CONNECTION WITH THE MANUFACTURE, PACKAGING, DELIVERY, STORAGE, USE, MISUSE OR NON-USE OF ANY OF ITS GOODS OR SERVICES OR ANY OTHER CAUSE WHATSOEVER. 12.2 IN NO EVENT SHALL SELLER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE GOODS SOLD HEREUNDER 99 Pall Water Pall Technology Services 10 of 12 Confidential - Company Proprietary 12.3 The limitation of liability set forth in Section 12.2 above shall not apply to liability resulting from Seller's gross negligence or willful misconduct. 13 Cancellation: Buyer may not cancel this Agreement after Sales Confirmation unless all the details are approved in writing by the parties, including Buyer's agreement to pay a stated amount of termination charges. 14 Termination: In addition to any remedies that may be provided under these Terms, Seller may terminate this Agreement with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under this Agreement and such failure continues for 10 days after Buyer's receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors. 15 Changes: Seller shall not be obligated to implement any changes or variations in the scope of work described in Seller’s Documentation unless Buyer and Seller agree in writing to the details of the change and any resulting price, schedule or other contractual modifications. This includes any changes or variations necessitated by a change in applicable law occurring after the effective date of this Agreement including these Terms. 16 Intellectual Property Infringement: Buyer has no authorization to make any representation, statement or warranty on behalf of Seller relating to any Goods sold hereunder. Buyer shall indemnify and defend, at its own expense, Seller against claims or liability for U.S. or applicable foreign patent, copyright, trademark or other intellectual property infringement and for product liability arising from the preparation or manufacture of the Goods according to Buyer's specifications or instructions, or from Buyer's unauthorized or improper use of the Goods or part thereof, or from any changes or alterations to the Goods or part thereof made by persons other than Seller, or from the use of the Goods in combination with products not furnished by Seller or from the manufacture or sale or use of Buyer products which incorporate or integrate the Goods. 17 Ownership of Materials: All ideas, concepts, whether patentable or not, devices, inventions, copyrights, improvements or discoveries, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information that are: a) created, prepared, reduced to practice or disclosed by Seller; and/or b) based upon, derived from, or utilize the Confidential Information of Seller, and all related intellectual property rights, shall at all times remain Seller’s property. No right, title or interest in any patents, trademarks, trade names or trade secrets, or in any pattern, drawing or design for any of the Goods or in any other Seller intellectual property right, shall pass or transfer to the Buyer and Seller shall at all times retain ownership rights therein. Notwithstanding the foregoing, Seller grants Buyer a non-exclusive, non-transferable license to use any such material to the extent necessary and solely for Buyer’s use of the Goods purchased by Buyer from Seller hereunder. Buyer shall not disclose any such material to third parties without Seller’s prior written consent. As a condition to Seller’s delivery to Buyer of the Goods, Buyer shall not, directly or indirectly, and shall cause its employees, agents and representatives not to: (i) alter or modify the Goods, (ii) disassemble, decompile or otherwise reverse engineer or analyze the Goods, (iii) remove any product identification or proprietary rights notices, (iv) modify or create derivative works, (v) otherwise take any action contrary to Seller’s rights in the technology and intellectual property relating to the Goods, (vi) assist or ask others to do any of the foregoing. 18. Export: As a condition to Seller’s delivery to Buyer of the Goods, Buyer agrees, with respect to the exportation or resale of the Goods by Buyer, to comply with all requirements of the International Traffic in Arms Regulations ("ITAR") and the Export Administration Regulations ("EAR"), regulations issued thereunder and any subsequent amendments thereto, and all other national, including, but not limited to, 100 Pall Water Pall Technology Services 11 of 12 Confidential - Company Proprietary European, government laws and regulations on export controls, including laws and regulations pertaining to export licenses, restrictions on export to embargoed countries and restrictions on sales to certain persons and/or entities. Buyer further agrees that the shipment and/or delivery of the Goods by Seller is contingent upon Seller obtaining all required export authorizations, licenses, and permits (collectively, “Authorizations”) and Buyer agrees that Seller shall not be liable to Buyer for any failure or delay in the shipment or delivery of the Goods if such Authorizations are delayed, conditioned, denied or not issued by the regulatory or governmental agencies having jurisdiction over such Authorizations. 19. Confidentiality: If Seller discloses or grants Buyer access to any research, development, technical, economic, or other business information or "know-how" of a confidential nature, whether reduced to writing or not, Buyer will not use or disclose any such information to any other person or company at any time, without Seller's prior written consent. In the event that Buyer and Seller have entered into a separate confidentiality agreement (the “Confidentiality Agreement”), the terms and conditions of the Confidentiality Agreement shall take precedence over the terms of this paragraph. 20. No Waiver: No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. Seller's failure to exercise, or to delay in exercising, any right, remedy, power or privilege arising from this Agreement, or to insist on Buyer's strict performance of these Terms shall not operate as or be construed as a waiver by Seller. 21. Force Majeure: Under no circumstances shall either party have any liability for any breach relating to nonperformance or underperformance caused by extreme weather, natural disaster, fire, accident or other act of God; strike, lock out or other labor shortage or disturbance; lock down, boycott, embargo or tariff; terrorism or act of terrorism, war or war condition or civil disturbance or riot; failure of public or private telecommunications networks; delay of carriers or other industrial, agricultural or transportation disturbance; failure of normal sources of supply; epidemics, pandemics, contagion, disease or quarantine; law, regulation or any act of government; or any other cause beyond either party’s reasonable control. Either party’s performance shall be excused and deemed suspended during the continuation of such event or events and, for a reasonable time thereafter, delayed or adjusted accordingly. 22. No Third-Party Beneficiaries: This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms. 23. Relationship of the Parties: The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. 24. Validity: If any provision of this Agreement, the Sales Confirmation or these Terms is held by any competent authority to be invalid or unenforceable in whole or in any part, such provision shall be ineffective, but only to the extent of such invalidity or unenforceability, without invalidating the remainder of such provision nor the other provisions, which shall not be affected. 25. Governing Law: This Agreement, and all the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement or the transaction(s) contemplated by it, shall be governed by the laws of the State of Montana. 101 Pall Water Pall Technology Services 12 of 12 Confidential - Company Proprietary 26. Survival: All payment, confidentiality and indemnity obligations, warranties, limitations of liability, product return, and ownership of materials provisions, together with those sections the survival of which is necessary for the interpretation or enforcement of these Terms, shall continue in full force and effect for the duration stated in such provisions or the applicable statute of limitations. 27. Amendment and Modification: This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party. 102 Memorandum REPORT TO:City Commission FROM:Bob Murray, Engineer III Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Sanderson Stewart to Provide Right of Way Acquisition Services on a Term Contract Basis from the Date of Execution Until July 2023 MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with Sanderson Stewart to provide right of way acquisition services on a term contract basis from the date of execution until July 2023. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:In an effort to proactively acquire the right-of-way needed to make road and intersection improvements to the transportation network, public works and engineering solicited proposals from engineering firms interested in providing that service on a term contract basis. Two responses were received and the selection committee unanimously agreed that Sanderson Stewart's proposal was the most responsive. Our plan is to issue task orders for each separate acquisition to be pursued. Fees for each acquisition will be on a time and materials basis. The term of the contract is two years after which we can extend the contract or issue another Request for Proposals (RFP). UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Fees will be negotiated on a per task basis. Fees will be paid for with Transportation Impact Fee Right-of-Way funds Attachments: Professional Service Agreement, Exhibit A Report compiled on: June 18, 2021 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Engineer III Water Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager Sign a Professional Services Agreement with Morrison Maierle, Inc. for the Sourdough Intake Project ARPA Competitive Grant Application MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager Sign a Professional Services Agreement with Morrison Maierle, Inc. for the Sourdough Intake Project ARPA Competitive Grant Application STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND:The Sourdough Intake diverts water from Sourdough Creek (aka Bozeman Creek) to the Sourdough Water Treatment Plant. Sourdough Creek accounts for approximately 40% of the City’s municipal drinking water supply. The existing intake dam was originally constructed in 1969 with subsequent minor improvements made to the intake infrastructure in 2002. A new intake design was completed as part of the new Sourdough Water Treatment Plant project (completed 2014), but was not constructed with the plant due to inadequate funding at that time. The new intake design utilizes a series of horizontal collector pipes imbedded under the streambed to capture water flowing within the subsurface gravel alluvium of the creek bed. This subsurface intake method is more resilient to wildfire impacts as the alluvium affords a measure of natural filtration, reducing the likelihood of ash and sediment clogging the intake. Competitive grants through the federal American Rescue Plan Act (ARPA) funding are due to the State of Montana on July 15, 2021. The attached Professional Services Agreement (PSA) places Morrison Maierle, the engineering firm that completed the design of the new intake, under contract to complete the ARPA competitive grant application for the Sourdough Intake Project. UNRESOLVED ISSUES:None. 121 ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:The negotiated fee to complete all services agreed to in the PSA is not to exceed $13,300 payable on a time and materials basis. The PSA is funded by CIP Project No. W57 – WTP Facility Engineering and Optimization (FY22 Water Fund). Sufficient funding is available. Attachments: PSA_Sourdough Intake ARPA Grant Report compiled on: June 28, 2021 122 123 124 125 126 127 128 129 130 131 132 133 134 135 Memorandum REPORT TO:City Commission FROM:Addi Jadin, Park Planning and Development Manager Mitch Overton, Director of Parks and Recreation Chuck Winn, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Agency Landscape and Planning, LLC for the Parks, Recreation and Active Transportation Plan MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with Agency Landscape and Planning, LLC for the Parks, Recreation and Active Transportation Plan STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:Agency Landscape and Planning, LLC has been selected as the lead consultant for the City's Parks, Recreation, and Active Transportation Plan (update/replacement of 2007 PROST). Upon completion of the Professional Services Agreement, Agency and its partner teams will prioritize the development of a statistically valid survey. In August, staff will initiate a project kick-off meeting with the commission including presentation of the public engagement plan. The purpose of the project is to create an overarching document that assesses and makes recommendations to provide for sufficient parkland, trails, and recreation / aquatics programs and facilities for Bozeman citizens. It will also guide the expansion of these essential services as the community grows and changes. The recommendations in the plan will be based on an updated review of community needs and priorities and may result in the revision of local development code requirements, procedures, and criteria. The work will also be used to analyze and make recommendations regarding the role of the parks, recreation, and active transportation systems in fulfilling the goals of recently adopted and applicable City of Bozeman plans and guiding documents or professional, industry metrics. Lastly, the plan will make recommendations and craft supporting documents to improve the efficacy of department tasks, including master park plan review, individual park site 136 plan review, and recreational programming, cost-recovery and marketing. The work to complete all required elements will be in conjunction with City of Bozeman professional staff and partner organizations. Consultant responsibilities include background research and analysis of relevant state and local laws, policies and plans; participation in the creation and implementation of a public outreach and engagement plan; needs assessment and community goal, objective, and priority development; assessment of the level of service of existing parks, recreation and active transportation systems and services; implementation/policy recommendations for improving both the City’s recreational program offerings and the land-use/urban design components of the park system, including natural areas and the active transportation network. UNRESOLVED ISSUES:N/A ALTERNATIVES:Per City Commission. FISCAL EFFECTS:The Parks, Recreation and Active Transportation Plan funds were approved and allocated in the FY'21 Budget Attachments: PSA Agency LP.docx Attachment A_Agency LP proposal.pdf Attachment B.2021-03.Parks-Rec-Trails-Plan.RFP.pdf Report compiled on: July 1, 2021 137 Professional Services Agreement for Parks, Recreation and Active Transportation Plan FY 2022 – FY 2023 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 13th day of July, 2021, 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, AGENCY LANDSCAPE AND PLANNING, LLC, with a mailing address of 91 Harvey Street, Suite 2, Cambridge, MA, 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 Contractor’s Scope of Services proposal attached hereto as Attachment A and by this reference made a part hereof, which describes work to be performed to meet the City’s Request for Proposals (RFP) and Scope of Work attached hereto as Attachment B. 2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31 st day of October, 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 specifiedin the Scope of Services in Attachment A. The project total cost is not to exceed $156,000. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, 138 Professional Services Agreement for Parks, Recreation and Active Transportation Plan FY 2022 – FY 2023 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. 139 Professional Services Agreement for Parks, Recreation and Active Transportation Plan FY 2022 – FY 2023 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 obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. 140 Professional Services Agreement for Parks, Recreation and Active Transportation Plan FY 2022 – FY 2023 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, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on 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. 141 Professional Services Agreement for Parks, Recreation and Active Transportation Plan FY 2022 – FY 2023 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 142 Professional Services Agreement for Parks, Recreation and Active Transportation Plan FY 2022 – FY 2023 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 Addi Jadin, Park Planning and Development Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may 143 Professional Services Agreement for Parks, Recreation and Active Transportation Plan FY 2022 – FY 2023 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 Brie Hensold, Principal Planner, 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, 144 Professional Services Agreement for Parks, Recreation and Active Transportation Plan FY 2022 – FY 2023 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 145 Professional Services Agreement for Parks, Recreation and Active Transportation Plan FY 2022 – FY 2023 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. 146 Professional Services Agreement for Parks, Recreation and Active Transportation Plan FY 2022 – FY 2023 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. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 147 Professional Services Agreement for Parks, Recreation and Active Transportation Plan FY 2022 – FY 2023 Page 11 of 11 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________By__________________________________ Jeff Mihelich, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 148 Comprehensive Parks, Recreation, and Active Transportation Plan Request for Proposals Bozeman, Montana April 16, 2021 Contact + authorized representative: Brie Hensold, Principal Planner Agency Landscape + Planning 91 Harvey Street, Suite 2, Cambridge, MA 02140 brie@agencylp.com. (202) 210-6857 Agency Landscape + Planning with: Alta Planning + Design BerryDunn ETC Institute GroundPrint Sanderson Stewart www.agencylp.com91 Harvey Street, Suite 2Cambridge, MA 02140149 150 Table of Contents Section A | Title Page - 1 Section B | Executive Summary - 4 Section C | Firm Profile + Project Personnel - 8 Section D | Experience - 32 Section E | Scope of Proposal - 68 Section F | Budget - 84 Section G | References - 90 Section H | Affirmation of Nondiscrimination - 94 151 Downtown Bozeman Improvement Plan, Bogert Park 152 5 EXECUTIVE SUMMARY 153 6 EXECUTIVE SUMMARY Thank you for the opportunity to submit this response to the Bozeman Parks, Recreation and Active Transportation Master Plan Request for Proposals. This team understands how parks, recreation amenities, trails, and natural areas are more important today than ever - and critical to community health, equity, and long-term sustainability. A Passionate, Experienced Team As leaders in national open space and recreation planning projects, Agency Landscape + Planning’s practice is defined by interdisciplinary collaboration focused on improving equity and quality of life for all. To us, this requires a careful balance of open space activation, transformational programming, and environmental connectivity - with an eye to equity, resilience, and community wellness. While the City of Bozeman team may know us best from the Downtown Bozeman Improvement Plan, Agency is also dedicated to innovation in parks, recreation and connectivity and has led plans in communities with issues directly relevant to Bozeman (see below). What ties our work together is a strong commitment to community engagement and the belief that meaningful participation elevates planning outcomes and creates better results. In this work, we have come to know innovators in parks system planning - our frequent collaborators and partners for this effort at BerryDunn (for recreation programming, operations, and marketing) and ETC Institute (for statistically-valid surveys), who both practice nationally and go beyond best practices to create tools that are custom to each place. In addition, we are excited to partner with grounded, local partners at Sanderson Stewart, Groundprint and Alta Planning. There are many deep relationships among this group which will streamline our ability to work together toward a great plan for Bozeman. Collectively, our team brings the best of deep, nationally-experienced system planning experts and grounded local knowledge. Cities experiencing rapid growth and challenges to equity, like Denver, Colorado and Mecklenburg County, North Carolina We bring national park and recreation knowledge from communities with similar issues and opportunities... Small to mid sized cities offerign high quality of life with tight resources, like Burlington, Vermont and Grand Rapids, Michigan Places with strong operational and environmental sustainability ethics like Howard County, Maryland and Greensboro, North Carolina 154 7 Vision Success on our projects means trusted partnerships with clients, meaningful and memorable community input, data-driven analysis, action-oriented implementation, and - most of all - visionary planning and design. We see the following critical opportunites: • Create a Roadmap for Action - The plan must provide a clear vision for where the system is going, described through a graphic framework and actionable steps. • Connect People to Places, Safely - The ambition of including active transportation planning as part of the plan is, in and of itself, an innovation. We are excited to ensure safe, equitable access. • A Healthy Future - The COVID-19 pandemic has highlighted the profound value of public spaces, for relaxation, environmental support, social gathering, and community health. • Model Innovative, Inclusive Engagement - Community and staff engagement is essential and we will draw in as many voices as possible, building on the City’s engagement guidelines. Grit We have adapted the RFP’s Scope of Services to an integrated and engaged planning process that includes: • Phase 0: Project Management - Starting off on the right foot with a shared understanding of communication strategies and engagement goals. • Phase 1: Analysis and Assessment - Understanding the foundation of other plans, existing conditions, and completing the needs assessment, level of service, and marketing review. • Phase 2: Vision - Building on community and staff feedback to craft the plan’s principles and vision, the Design Manual, Active Transportation Plan, Marketing Strategy and Pricing Plan. • Phase 3: Documentation: Final Plan - Integrating all recommendations into a visually compelling and clear document, and complete the additional wayfinding plan, if relevant. Thank you for your consideration of our team and our initial thoughts on the work at hand. We are eager to have the chance to dig in with you on this incredible, transformational opportunity for a City we all love. ... recent experience collaborating with the Bozeman community... ... and local knowledge of Bozeman’s setting, people, and unique needs today. 155 8 High Line Canal Framework Plan, Denver, CO 156 9 FIRM PROFILE + PROJECT PERSONNEL 157 10 TEAM STRUCTURE Bozeman Commu n i t yStakeho l d e rs, Partners, Advisory Bo a r d s , C ity CommissionBozeman Parks & Recreation City Staff BerryDunn Recreation, Marketing Lisa Paradis Jesse Myott Alta Planning Wayfinding Lead, Active Transportation Support Dave Foster Mack Drzayich Joe Gilpin Groundprint Engagement, Code Analysis, Planning Support Susan Riggs ETC Institute Community Survey Ryan Murray Sanderson Stewart Active Transportation Lead Lauren Waterton Danielle Scharf Chris Naumann Earen Hummel Erik Sweet Agency Landscape + Planning Prime Firm Landscape Architecture, Planning Brie Hensold Gina Ford Rhiannon Sinclair Eamonn Hutton 158 11 PROJECT TEAM Agency Landscape + Planning Agency is the capacity of human beings to act, to make choices. Planning can remove barriers. Design is an act of optimism. Optimism and action are much needed, today more than ever. At Agency Landscape + Planning, we believe in the power of people to initiate and make purposeful, positive change. Agency is a women-owned small business (WOSB) and certified DBE/WBE practice based in North Cambridge, Massachusetts. Our work engages the full spectrum of design services - from strategic planning to complex landscape implementation. We have a significant practice dedicated to public realm planning, design, and implementation and a team of twelve designers and planners. Agency is a mission-driven practice dedicated to addressing social equity, cultural vitality and environmental resilience through design excellence, strategic planning and community engagement. Co- founders Brie Hensold and Gina Ford have worked together for over a decade. Project manager Rhiannon Sinclair has managed many of Agency's complex, multi- disciplinary projects, many with significant and sensitive stakeholder and community engagement strategies. History and Workload Agency is a relatively new practice, but represents a long-time partnership of its founders and senior design and planning team. Agency was founded in 2018 by Brie Hensold and Gina Ford, who shared thirty years of collective practice, primarily for public sector clients, when they launched the firm. This senior team has been completing comprehensive parks, trails and recreation system master plans across the country for over a decade. Currently, the practice has 15 active projects, some nearing completion. The team proposed within this document has the time and capacity to deliver this master planning effort with a dedicated team, high quality outcome, and responsiveness to City needs. Familiarity with Bozeman Agency was fortunate for the opportunity to work with the Downtown Bozeman Partnership, coordinate with the City, and collaborate with the community to complete the latest Downtown Bozeman Improvement Plan. Through this process, the team became closely familiar with other city plans and processes, particularly the Strategic Plan and the new Community Plan, both of which we will reinforce with this project. Agency’s leadership also has had strong local ties for the last twenty years, and has watched the City grow and change. This has included an organic tour of local parks, trails, streets, and facilities, and an understanding of their ability to host local life. Firm Information Location: Cambridge, Massachusetts Number of Employees: 14 Ownership: Gina Ford (50%), Brie Hensold (50%) (LLC) Primary contact information Brie Hensold, HASLA, Principal Planner 91 Harvey Street, Suite 2, Cambridge, MA 02140 (202) 210-6857 and brie@agencylp.com 159 12 Sanderson Stewart In 1969, a three-person civil engineering and surveying firm began making its mark on Montana with a single purpose: To Plan and Design Enduring Communities. As the community of Billings grew, so did the firm - hiring more engineers, moving to bigger offices, and eventually, opening branch offices across the region. Today, we are still purpose-driven in our approach to community design, and we are still growing. We have learned that communities thrive best when a diverse group of design professionals work toward a united vision. So we have evolved into a comprehensive community design firm providing Community Planning, Landscape Architecture, Placemaking, Infrastructure Engineering, Surveying and Mapping, and Branding services. We creatively design practical solutions that work for the project and enhance the greater community. This holistic approach is not a luxury, it is a necessity. It results in more complete design solutions, better project delivery and more connected communities. We call it Complete Design and we practice it every day. More than 50 years after the garage, we have grown into an award-winning regional community design firm with over 70 professionals working from 4 regional offices who are dedicated to designing a better world. ...and we’re just getting started! Firm Information Location: Bozeman, Billings, Fort Collins, Denver Number of Employees: 70 Ownership: Corporation Primary contact information Lauren Waterton, AICP Associate | Placemaking Studio Manager | Senior Planner 106 East Babcock, Suite L1 Bozeman, MT 59715 406.922.4313 lwaterton@sandersonstewart.com 160 13 BerryDunn Berry Dunn McNeil, & Parker, LLC (BerryDunn) is a well-established independent municipal government consulting firm that has preserved our core values and reputation for excellence for 47 years. Providing consistent, high-quality services to our more than 300 government clients in all 50 states and in Canada has been a continued source of pride. BerryDunn has sustained steady growth since our founding, placing a strong focus on quality, both for our clients and staff. Our strong history of providing management consulting services to local governments nation-wide includes a practice focused on parks and recreation projects including engagements related to planning, design, technology, financial analysis, and organizational development. Parks and Recreation Experience BerryDunn’s Parks and Recreation Practice provides strategic and master planning, change management, financial analysis, feasibility studies, and service quality assessments. Our Parks and Recreation Practice works with parks and recreation agencies across the country with master planning projects, operational and organizational assessments, staffing and culture assessments, change management, business planning, financial analysis and cost recovery, feasibility studies, and service quality assessments. All of our Parks and Recreation consultants are former industry practitioners and seasoned advisors. We offer our clients deep industry expertise built upon decades of experience in recreation programming, facility operations, and departmental leadership. We apply that experience directly to all our consulting services and leverage this experience to help municipal and county parks and recreation departments achieve their management and planning goals. All of our client engagements are defined by supporting our clients’ vision, focus, and continuous improvement by looking beyond the industry. We strive to assure quality by understanding your expectations up front, developing a reasonable and achievable project approach, gaining concurrence on project tasks and timing, and using appropriate staff for each engagement. Master and Strategic Planning Experience BerryDunn’s system-wide master planning processes have included robust community engagement components and featured demographic studies, park inventory and analysis, level of service standards, recreation program assessment, operations assessment, funding and revenue strategies, capital project plan, and well-defined action plans, created in collaboration with our clients. Our team prioritizes and takes pride in applying our understanding of the programmatic process to our analyses, beyond what “looks good on paper.” For example, we understand that a master plan with clear, chartable goals should be an invaluable tool for planning and budgeting purposes each year. As a result, we will spend thoughtful time to give our clients the support they need to implement a meaningful plan for staff and the community at large. Firm Information Location: Portland, Maine (headquarters), New Hampshire, Massachusetts, Connecticut, West Virginia, Arizona Number of Employees: 500+ nationwide Ownership: LLC shared equally by 24 partners Primary contact information Lisa Paradis Manager 2211 Congress Street Portland, ME 04102 207-842-8123 lparadis@berrydunn.com 161 14 Alta Planning + Design, Inc. Alta is North America’s leading multimodal transportation firm that specializes in the planning, design, and implementation of bicycle, pedestrian, park, and trail corridors and systems. Founded in 1996, Alta has more than 170 staff in 23 offices across North America and an international workload. Alta staff work on hundreds of projects across North America every year, including in Montana and the surrounding Mountain West. Similar projects that key staff are currently working on include the Parkline Trail and Complete Street project in Kalispell (MT), Boise (ID) Pathways Master Plan, Gillette (WY) Pathways Master Plan, and the Cache County (UT) Trail Feasibility Study. Alta works with communities to provide opportunities for people to choose bicycling and walking for recreation and transportation. We have developed bicycle and pedestrian plans for over 500 jurisdictions throughout the United States and are proud to have led the development of the NACTO Urban Bikeway Design Guide and the FHWA Small Town and Rural Multimodal Networks Guide. Our planning process includes extensive field work on bicycle and on foot, engaging residents and stakeholders through tours and outreach activities, and documenting existing conditions and needs through easily-readable maps, photographs, and narrative discussion. Wayfinding A good walking and bicycling environment requires not only sidewalks, bike lanes, and safe roadway crossings, but also an easily navigable network. Alta creates signage and wayfinding systems that reflect the natural and built environments, provide meaningful and attractive wayfinding tools, and minimize visual clutter. Our work in wayfinding includes brand development, creative concept design, placement planning, design intent drawings, construction drawings, bid preparation and assistance, and construction support. We work with local agencies and project stakeholders to develop comprehensive wayfinding signage systems that meet the needs of the community. We take a comprehensive approach to wayfinding, considering needs of future mobility options, architectural elements, materials, and the landscape to create an intuitive experience. Wayfinding elements can create a deeper connection to place, cultivate a sense of pride by reflecting community values and identity, and support local economic development by encouraging residents and visitors to use services. We strive to tailor each project to the community’s unique setting, history, and culture through an active public participation process. Trail Planning and Design Alta is the nation’s leading firm specializing in the planning and design of trail and pathway facilities and systems, and has studied, planned, designed, and implemented more than 9,000 miles of bikeways, walkways, and trails. We provide services ranging from master plans to construction documents, including visioning, alternatives analysis, property acquisition strategies, maintenance and management plans, accurate cost estimation, and funding action plans. Firm Information Location: This team is based in Salt Lake City, UT. The company headquarters is in Portland OR. Number of Employees: 175 Ownership: Corporation Primary contact information David Foster Project Manager 1953 S 1100 E #521295 Salt Lake City, UT 84106 (385) 355-2104 davidfoster@altago.com 162 15 Groundprint A quality place is made up of neighborhoods with a mix of uses and housing types, connected parks, art, thriving commerce, and engaged citizens. Groundprint, LLC is a Bozeman-based consulting firm committed to creating and enhancing quality places. Groundprint was established in 2017 to help the community development branches of non-profits better navigate through planning, land use regulations, engagement, entitlements and urban design. Clients have included HRDC, the Headwaters Community Housing Trust, the Downtown Bozeman Partnership, the Trust for Public Land, and several local architecture and engineering firms. Over the past year, Groundprint has also been assisting the City of Bozeman with a variety of projects emphasizing affordable housing and public engagement. Groundprint is particularly knowledgeable with growth, change, and equity concerns in Bozeman and Gallatin County. Groundprint is currently working on several community-based projects including the Safe Routes to Parks grant, the Affordable Housing Code Audit, and the Community First Griffin Place site plan. Groundprint has adequate capacity to work on the Parks, Recreation and Active Transportation Plan as specified in this proposal. Firm Information Location: Bozeman, Montana Number of Employees: 1 Ownership: LLC Primary contact information Susan Riggs, AICP Principal/Owner 280 W Kagy Blvd Ste D #236 Bozeman Montana 59715 406-579-5844 email address(s): sriggs@groundprint.com ETC Institute ETC Institute is recognized as the national leader in the design and administration of market research studies for local government organizations. Since 1982, ETC Institute has completed research projects for organizations in 49 states. ETC Institute has designed and administered more than 2,500 statistically valid surveys and our team of professional researchers has moderated more than 1,500 focus groups and panels and over 2,000 stakeholder interviews. ETC Institute also uses the most up-to-date and innovative analytical tools that will help the City understand and use their survey data. ETC Institute has conducted research for more major U.S. cities and counties than any other firm. ETC Institute conducts approximately 150 surveys per year for clients throughout the Country and we are ready to begin whenever it is most convenient for the City of Bozeman. Our current workload and that of the project manager will not impact our ability to complete our work for the City. ETC Institute has the resources and availability to take on all of the required tasks for the City of Bozeman. We guarantee that our team will be available and will have all the resources necessary to take on any timeline the City decides to pursue. Because our CEO is also the owner of ETC Institute, we have tremendous flexibility to go above and beyond the scope of work to ensure the City is 100% satisfied and that all tasks are successful. Firm Information Location: Olathe, Kansas Number of Employees: 49 Ownership: S-Corporation Primary contact information Ryan Murray, Assistant Director of Community Research 725 W. Frontier Circle, Olathe, KS 66061 (913) 254-4598 (816) 809-7640 Ryan.murray@etcinstittue.com 163 16 Brie Hensold is an urban planner, co-founder and principal of Agency Landscape + Planning. With a passion for understanding and improving communities and places, Brie brings a systems-based approach that celebrates diverse perspectives. She has extensive experience developing creative and meaningful community engagement processes. Brie’s work encompasses multiple scales, from downtown plans to citywide park systems to resilience strategies. She is a Design Critic in the Department of Urban Planning and Design at the Harvard Graduate School of Design where she also leads an executive education class in resilient cities. EDUCATION Harvard Graduate School of Design Master of Urban Planning, Urban Design Concentration Rice University Bachelor of Arts in Architectural Studies and Art History ACADEMIC POSITIONS Harvard University Graduate School of Design: Critic in Urban Planning and Design; Core Planning Studio, 2019 - ongoing Harvard University Graduate School of Design: Executive Education Course Leader; The Resilient City, New Discoveries at the Intersection of Planning and Design, 2017 - ongoing PROJECT EXPERIENCE Allegheny Riverfront Green Boulevard Study; Pittsburgh, Pennsylvania † Boulevard Crossing Park; Atlanta, Georgia Cedar Rapids Neighborhood Planning Process; Cedar Rapids, Iowa † Chinati Foundation Master Plan; Marfa, Texas † Detroit Land-Based Projects Plan; Detroit, Michigan Downtown Bozeman Plan; Bozeman, Montana Downtown Rochester Master Plan; Rochester, Minnesota † East Baltimore Implementation Plan; Baltimore, Maryland † Fort Wayne Riverfront Neighborhood Plan; Fort Wayne, Indiana Franklin Park Action Plan; Boston, Massachusetts Greensboro Parks and Recreation Master Plan; Greensboro, North Carolina High Line Canal Framework Plan; Denver, Colorado Mecklenburg County Park and Recreation Master Plan; Charlotte, North Carolina Raleigh Downtown Plan; Raleigh, North Carolina † Vision for the Valley Master Plan; Cleveland, Ohio White River Vision Plan; Hamilton County and Indianapolis, Indiana Zidell Yards Master Plan, Greenway and Open Space Concept Plan; Portland, Oregon † † Work Completed at Sasaki BRIE HENSOLD, HASLA PLANNING PRINCIPAL AVAILABILITY TO CONTRIBUTE Team Leadership, Community Engagement and Urban Planning. Approximately 40 hours per month. SELECTED AWARDS Boston Society of Landscape Architects Merit Award in Analysis and Planning. White River Vision Plan. 2020 The J. Irwin and Xenia S. Miller Prize. 2019 American Institute Of Architects Regional & Urban Design Honor Award Tecnologico de Monterrey Urban Regeneration Plan Boston Society of Landscape Architects Landscape Analysis and Planning Honor Award. Bridgeport Parks Master Plan. 2013 The Ministry Of Agrarian, Land And Urban Development (SEDATU) Mexico, National Prize For Urban And Regional Development Tecnologico de Monterrey Urban Regeneration Plan 164 17 Gina Ford is a landscape architect, co-founder and principal of Agency Landscape + Planning. Underpinning her two decades of practice are a commitment to the design and planning of public places and the perpetuation of the value of landscape architecture via thought leadership, teaching, writing and lecturing. Her work has received awards from the American Society of Landscape Architects, the American Planning Association and the American Institute of Architects, among others. EDUCATION Harvard Graduate School of Design Master in Landscape Architecture with Distinction Wellesley College Bachelor of Arts in Architecture and Architectural History PROFESSIONAL AFFILIATIONS Registered Landscape Architect: CO, CT, MA, MI, NC, RI, TN, WA American Society of Landscape Architects ACADEMIC POSITIONS University of Texas - Austin: Kwallek Endowed Chair in Design and Planning PROJECT EXPERIENCE Boulevard Crossing Park; Atlanta Beltline, Atlanta Cedar Rapids Reinvestment and Redevelopment Framework; Cedar Rapids, Iowa † Chicago Riverwalk (Phases 2 and 3); Chicago, Illinois † Franklin Park Action Plan; Boston, Massachusetts Greensboro Parks and Recreation Master Plan; Greensboro, North Carolina High Line Canal Vision Plan and Framework Plan; Denver, Colorado Ithaca Common Renovation; Ithaca, New York † Lawn on D; Boston, Massachusetts † Massport Public Realm Initiative; Boston, Massachusetts Mecklenburg County Park and Recreation Master Plan; Charlotte, North Carolina Moore Square; Raleigh, North Carolina † Rebuild by Design Competition; New Jersey Shore † Sarasota Bayfront Park - Phase 1; Sarasota, Florida Thomas Polk Park; Charlotte, North Carolina Tom Hanafan Rivers Edge Park; Council Bluffs, Iowa † Upper Harbor Terminal; Minneapolis, Minnesota Vision for the Valley Master Plan; Cleveland, Ohio White River Vision Plan; Hamilton County and Indianapolis, Indiana † Work Completed at Sasaki GINA FORD, FASLA PRINCIPAL LANDSCAPE ARCHITECT AVAILABILITY TO CONTRIBUTE Team Leadership, Community Engagement and Landscape Architecture. Approximately 40 hours per month. SELECTED AWARDS Boston Society of Landscape Architects Award of Excellence in Communication. WxLA. 2020 Boston Society of Landscape Architects Merit Award in Analysis and Planning. White River Vision Plan. 2020 Boston Society of Architects Women in Design Award of Excellence. 2019 The J. Irwin and Xenia S. Miller Prize. 2019 ASLA Honor Award in Design. The Chicago Riverwalk (Phases 2 and 3). 2018 AIA National Honor Award. Urban Design. The Chicago Riverwalk (Phases 2 and 3), 2018 APA National Award of Excellence in Community Engagement. The High Line Canal Vision Plan. 2018 165 18 An urban planner with a background in architecture, Rhiannon Sinclair's work focuses on complex urban systems across multiple scales. She uses data-driven strategies to better understand and enhance the relationship between people, buildings, systems and the public realm. Rhiannon has considerable experience communicating information to broad audiences to promote strong community exchange and empowerment within a planning process. In her work, she finds that the role of this type of exchange and master plan facilitation contribute to plans that are visionary, comprehensive, and implementable. EDUCATION University of Pennsylvania Stuart Weitzman School of Design Master of City and Regional Planning, Urban Design Concentration Thomas Jefferson University Bachelor of Architecture PROFESSIONAL AFFILIATIONS American Planning Association PROJECT EXPERIENCE Case Western Reserve University Campus Master Plan; Cleveland, Ohio † Changing Course Competition. New Orleans, Louisiana † The Chinati Foundation Master Plan; Marfa, Texas † Dayton Riverfront Plan; Dayton, Ohio † Detroit Land-Based Projects Plan; Detroit, Michigan Downtown Bozeman Plan; Bozeman, Montana Fort Wayne Riverfront Neighborhood Plan; Fort Wayne, Indiana Franklin Park Action Plan; Boston, Massachusetts Greensboro Parks and Recreation Master Plan; Greensboro, North Carolina High Line Canal Master Plan; Multiple Jurisdictions, Colorado Howard County Land Preservation, Parks, + Recreation Master Plan; Maryland † Independence Park Renovation Plan; Charlotte, North Carolina Jersey City Open Space, Recreation and Community Facilities Plan, Jersey City, New Jersey Lewis & Clark College Facilities Plan; Portland, Oregon † Mecklenburg County Park and Recreation Master Plan; Charlotte, North Carolina New Bedford Waterfront Planning; New Bedford, Massachusetts † Rebuild By Design Planning and Design Competition; NJ, NY, CT † University of Washington Campus Master Plan; Seattle, Washington † Vision for the Valley Master Plan; Cleveland, Ohio White River Vision Plan; Hamilton County and Indianapolis, Indiana † Work Completed at Sasaki RHIANNON SINCLAIR SENIOR PLANNER, LEED GREEN ASSOCIATE AVAILABILITY TO CONTRIBUTE Project Management, Community Engagement and Urban/Systems Planning. Approximately 60 hours per month SELECTED AWARDS Boston Society of Landscape Architects Merit Award in Analysis and Planning. White River Vision Plan. 2020 The J. Irwin and Xenia S. Miller Prize. 2019 Outstanding Planning Award – Innovation in Planning Services, Education, and Public Involvement, NC Chapter of the American Planning Association. 2019 Merit Award for Excellence in Planning - Existing Campus, Society for College and University Planning, University of Washington Campus Master Plan; Seattle, Washington. 2017 Bryan C. West Award for Collaboration. 2013 Henry Adams Certificate of Merit. 2011 166 19 Eamonn Hutton is a landscape architect focused on the planning, design and construction of urban landscapes. Eamonn works across multiple scales, from building city parks and streetscapes to planning city-wide park systems and regional trails. He is passionate about design, drawing inspiration from both natural landscapes and vibrant urban environments. Eamonn’s favorite projects bring people into contact with the natural world through timeless and lasting design. EDUCATION Harvard Graduate School of Design Master of Landscape Architecture with Distinction College of the Atlantic Bachelor of Arts in Human Ecology PROFESSIONAL AFFILIATIONS Registered Landscape Architect: ME American Society of Landscape Architects ACADEMIC POSITIONS College of the Atlantic; Visiting Faculty Harvard Graduate School of Design: Studio and Seminar Teaching Assistant, Studio Juror Rhode Island School of Design: Adjunct Faculty PROJECT EXPERIENCE Boulevard Crossing Park; Atlanta Beltline, Atlanta Burlington Greenway Rehabilitation; Burlington, Vermont Chinati Foundation Master Plan; Marfa, Texas † Downtown Andover Placemaking; Andover, Massachusetts Downtown Bozeman Plan; Bozeman, Montana Greensboro Parks and Recreation Master Plan; Greensboro, North Carolina High Line Canal Framework Plan; Denver, Colorado Independence Park Renovation Plan; Charlotte, North Carolina Ithaca Commons Redesign; Ithaca, New York † Massport Public Realm Initiative, Boston, Massachusetts Mecklenburg County Park and Recreation Master Plan; Charlotte, North Carolina Moore Square; Raleigh, North Carolina † Sarasota Bayfront Park - Phase 1; Sarasota, Florida South Waterfront Greenway Master Plan; Portland, Oregon † Thomas Polk Park; Charlotte, North Carolina White River Vision Plan; Hamilton County and Indianapolis, Indiana † Work Completed at Sasaki EAMONN HUTTON, ASLA SENIOR LANDSCAPE ARCHITECT AVAILABILITY TO CONTRIBUTE Community Engagement, Ecology and Landscape Architecture. Leading Design Manual. Approximately 40 hours per month SELECTED AWARDS Boston Society of Landscape Architects Merit Award in Analysis and Planning. White River Vision Plan. 2020 The J. Irwin and Xenia S. Miller Prize. 2019 BSLA Landscape Analysis and Planning Honor Award. Bridgeport Parks Master Plan. 2013 Outstanding Planning Award – Innovation in Planning Services, Education, and Public Involvement, NC Chapter of the American Planning Association. 2019 167 Lauren Waterton, AICP brings over 25 years of experience in planning, development and design, in both the public and private sector. Her work focuses on connecting the strategies and planning tools needed to address the unique conditions of small and rural communities. She has a diverse background in urban planning and design with experience in master planning, site analysis, downtown plans, design review, and resort management. As the manager of the Placemaking Studio, Lauren works to bridge engineering, landscape architecture and planning disciplines to create plans and environments that support communities and enhance the lives of residents. She combines an understanding of the planning process and a commitment to helping clients discover and implement new ideas to create unique communities. EDUCATION Portland State University Master of Urban & Regional Planning Rhodes College B.A. Urban Studies PROFESSIONAL AFFILIATIONS + REGISTRATIONS American Institute of Certified Planners American Planning Association, Planners’ Advocacy Network Montana Association of Planners Bozeman Unified Development Code Update Advisory Committee Bozeman Planning Board Bozeman Planning Coordinating Committee Leadership Bozeman PROJECT EXPERIENCE Gallatin County Triangle Area Trails Plan; Gallatin County, Montana Gallatin County Triangle Planning Study; Gallatin County, Montana Gallatin County Growth Policy Update; Gallatin County, Montana Midtown Urban Renewal District Term Contract; Bozeman, Montana Midtown Action Plan; Bozeman, Montana City of Bozeman Development Review Term Contract; Bozeman, Montana Westlake BMX Park Master Plan (Midtown Urban Renewal District Term Contract Project); Bozeman, Montana Lockwood TEDD Strategic Plan; Yellowstone County, Montana Anaconda Downtown Master Plan; Anaconda, Montana City of Dillon Growth Policy Update & Downtown Master Plan; Dillon, Montana City of Glendive Downtown Master Plan, Glendive, Montana LAUREN WATERTON, AICP ASSOCIATE | PLACEMAKING STUDIO MANAGER | SENIOR PLANNER AVAILABILITY TO CONTRIBUTE Coordination with the Triangle Trail Plan, Public Outreach, and implementation. Approximately 40 hours per month SELECTED AWARDS AICP National Student Award for Creating a Better Tomorrow. 1996 Oregon Chapter APA Student Project Award for Creating a Better Tomorrow. 1995Sanderson Stewart168 Danielle Scharf, PE, PTOE, LEED AP is a Principal, Senior Engineer, and Bozeman Region Manager at Sanderson Stewart. As a Senior Transportation Engineer and Project Manager, Danielle is responsible for roadway design and traffic operations analysis for a variety of transportation and land development projects. She has had extensive training in the areas of bike and pedestrian planning and design, roadway geometric design, traffic signal design, and traffic impact assessment. She has completed complex traffic studies for small site development projects and large scale, multi-use developments. She has also been involved in several transportation planning projects that have included extensive public involvement. Prior to joining Sanderson Stewart, Danielle worked for the Western Transportation Institute (WTI) as a Graduate Research Fellow. She is also a National Course Instructor certified by the National Center for Safe Routes to School. EDUCATION Montana State University M.S., Civil Engineering Montana State University B.S., Civil Engineering PROFESSIONAL AFFILIATIONS + REGISTRATIONS Professional Engineer, Montana #14799 PE Professional Traffic Operations Engineer (PTOE) LEED Accredited Professional City of Bozeman/Gallatin County Pedestrian & Traffic Safety Committee Institute of Transportation Engineers Pedestrian & Bicycle Council, Mountain District Secretary-Treasurer, Western District Student Initiatives Committee Chair, Intermountain Section & Montana Chapter Past President MSU Civil Engineering Department Advisory Board Bozeman Sunrise Rotary PROJECT EXPERIENCE Gallatin County Triangle Area Trails Plan; Gallatin County, Montana Gallatin County Bike/Ped Paths; Gallatin County, Montana Midtown Urban Renewal District Term Contract; Bozeman, Montana Front Street Trail Connector; Bozeman, Montana Anderson School Safe Routes to School Assessment & Trails; Bozeman, Montana Rims to Valley Bike/Ped Feasibility Study; Billings, Montana East Gallatin Recreation Area Master Plan and Site Improvements; Bozeman, Montana Aspen Street from 5th Avenue to 7th Avenue Design Services; Bozeman, Montana Oak Street Multi-use Path; Bozeman, Montana DANIELLE SCHARF, PE, PTOE, LEED AP PRINCIPAL | BOZEMAN REGION MANAGER | SENIOR ENGINEER AVAILABILITY TO CONTRIBUTE Management of Active Transportation, Design Standards. Approximately 40 hours per month SELECTED AWARDS 20 Under 40, Bozeman Daily Chronicle. 2017 James L. Pline Award, ITE Intermountain Section. 2015 Young Professional Achievement Award, ITE Western District. 2010Sanderson Stewart169 Chris Naumann as a senior planner in the Placemaking Studio, brings a distinct perspective on urban planning and community building. With 14 years experience as an urban place management leader, Chris bridges the gap between the public and private sectors with a collaborative approach. He focuses on planning to achieve the triple bottom line of cultural, economic, and environmental sustainability. As the Executive Director of the Downtown Bozeman Partnership, he became well versed in the principles and best practices of urban planning, multi-modal mobility, placemaking, and municipal development regulations. He has extensive interdisciplinary experience in public engagement, strategic planning, project management, and public private partnerships. Prior to leading the Downtown Partnership, Chris was independent downtown business owner. The combination of these experiences gives him a deep understanding of Main Street, downtown, and central business districts. EDUCATION Lawrence University Bachelor of Arts with Honors PROFESSIONAL AFFILIATIONS + REGISTRATIONS Greater Yellowstone Coalition National Council Bozeman Fiber Board Northern Rockies Economic Development District Board City of Bozeman Climate Plan Leadership Team City of Bozeman Parking Commission Bozeman Sports Parks Foundation Board Greater Yellowstone Coalition Board of Directors Bozeman Sports Park Committee Bozeman Economic Development Plan Advisory Committee PROJECT EXPERIENCE Glen Lake Rotary Park Master Site Plan & Phase I Site Plan, Bozeman, Montana Gallatin County Triangle Area Trails Plan; Gallatin County, Montana Fowler Avenue Public Engagement Plan; Bozeman, Montana Midtown Urban Renewal District Building Height Code Revision Analysis; Bozeman, Montana Downtown Bozeman Improvement Plan; Bozeman, Montana* North Black Pocket Park Design/Build; Bozeman, Montana* Downtown Streetscape Design; Bozeman, Montana* Downtown Parking Wayfinding Signage Design/Build; Bozeman, Montana* *with Downtown Bozeman Partnership CHRIS NAUMANN SENIOR PLANNER AVAILABILITY TO CONTRIBUTE Public Engagement, Implementation. Approximately 80 hours each monthSanderson Stewart170 Earen Hummel, PLA, ASLA has worked on projects throughout the United States for both public and private clients. She has designed and managed projects that range from cemeteries and intimate private gardens to large community parks, and from urban streetscapes to park system master plans. Her passion is in creating and cultivating spaces where people can live and thrive – to enhance and support a community for all. In her work, her goal is to find creative solutions that respect and complement the local setting by sensitively integrating contemporary needs into each place. With a background in historic preservation, she looks for the unique character of places and how to tell the stories of each place. Prior to joining Sanderson Stewart, Eären was staff Landscape Architect for Bellefontaine Cemetery and was an active member of the St. Louis Cemetery Management Association and a presenter at the annual Associated Cemeteries of Missouri annual conference. EDUCATION University of Oregon M.S. Historic Preservation Colorado State University B.S. Landscape Architecture PROFESSIONAL AFFILIATIONS + REGISTRATIONS Landscape Architect, Montana #18043 CLARB #37117 Denver Landmark Preservation Commission American Society for Landscape Architect Historic Preservation Professional Practice Network Historic American Landscape Survey (HALS) Liaison to the American Society of Landscape Architects Fort Collins Landmarks Preservation Commission PROJECT EXPERIENCE Wildwood Valley Gardens at Bellefontaine Cemetery; St. Louis, Missouri Evergreen Glen, Cascade Lake and Garden of Angels at Bellefontaine Cemetery; St. Louis, Missouri Bellefontaine Cemetery Master Plan; St. Louis, Missouri Ute Cemetery; Aspen, Colorado Haven of Rest Cemetery; Gig Harbor, Washington Fairmount Cemetery; Denver, Colorado Aspen Street & 5th Avenue Improvements; Bozeman, Montana North Black Pocket Park Design/Build; Bozeman, Montana EAREN HUMMEL, PLA, ASLA SENIOR LANDSCAPE ARCHITECT AVAILABILITY TO CONTRIBUTE Parks needs assessments, cemetery expertise. Approximately 40 hours each month SELECTED AWARDS Merit Awards for Design, Wildwood Valley Gardens at Bellefontaine Cemetery, Central States and St. Louis Chapter American Society of Landscape Architects (ASLA). Friend of Preservation Award, City of Fort Collins, Tenney Court Alley and Trimble Court Alley Redevelopment. Honor Award, Pittman Wash/ Arroyo Grande/Project GREEN Master Plan, Nevada Chapter, ASLA. Merit Award for Design, Medical Center of the Rockies, Colorado Chapter, ASLA. Fort Collins Urban Design Award, Green Design, Northside Aztlan Community Center. Daniel Burnham Award, American Planning Association (highest national award), PlanCheyenne.Sanderson Stewart171 Erik Sweet, PLA, ASLA is a Senior Landscape Architect working in the firm’s Placemaking Studio. He is an experienced project manager, performing park and playground design including dog parks, active and passive park space, restrooms, shelters, etc.; athletic field design; synthetic turf and track design; landscape and irrigation design; and master planning. Over his 21-year career he has been responsible for projects that have taken him across North America, Europe and the Caribbean. Erik is passionate about his work with school districts, youth organizations, and volunteer groups. Erik’s work often includes working with public clients in pursuit of grants, bonding, and other innovative funding mechanisms. EDUCATION Washington State University B.S. Landscape Architecture PROFESSIONAL AFFILIATIONS + REGISTRATIONS Landscape Architect, Montana, #220 American Society of Landscape Architects PROJECT EXPERIENCE Copper Ridge Subdivision Playground Design & Funding Options; Billings, Montana Ravensdale Park Foundation Grant Assistance & Master Plan; Ravensdale, Washington MSU-Billings Athletics/Intramural Sports Complex, Soccer, Track & Field, Sports Field Lighting; Billings, Montana Annafeld Subdivision Playgrounds, Irrigation, Open Recreation Spaces, Cost Models, Construction Documents; Billings, Montana Skyview High School Irrigation Water Reduction Study; Billings, Montana Northshore Athletic Fields Synthetic Turf Field Conversion & Playgrounds; Woodinville, Washington Seattle Sounders Starfire Sports Training Facility & Sports Master Plan; Tukwila, Washington Kent Meridian Fields Master Plan; Kent, Washington Summit Park & Ballfields; Maple Valley, Washington Chicago Bears Walter Payton Center Modernization, Synthetic Turf and Track; Lake Forest, Illinois South Mercer Island Batting Cages; Mercer Island, Washington ERIK SWEET, PLA, ASLA SENIOR LANDSCAPE ARCHITECT AVAILABILITY TO CONTRIBUTE Activity fields assessment and recommendations. Approximately 40 hours each monthSanderson Stewart172 25 Lisa is a manager BerryDunn’s Parks and Recreation Practice. She has more than 25 years of experience as a public Park and Recreation Director, most recently in Brookline, MA. Lisa has helped many organizations and communities to embrace systemic challenges through action-oriented strategic planning and financial and organizational management. Her approach involves creating and implementing cost recovery plans, feasibility studies, strategic plans, and organizational assessments and understands the importance of a thoughtful, mission driven, community-centric, and implementable approach. EDUCATION BA, Political Science, University of Massachusetts, Amherst MBA, University of Massachusetts, Amherst Harvard University, Cambridge, Massachusetts – Post-Graduate coursework, Public Administration, Organizational Management University of Massachusetts, Boston, Massachusetts – Post-Graduate coursework; Performance Measurement PROFESSIONAL AFFILIATIONS Certified Park and Recreation Professional, National Recreation and Park Association American Academy of Park and Recreation Administration (AAPRA), 2018 RELEVANT EXPERIENCE Strategic planning and organizational development: As a leader, mentor, and often provocateur, she helps organizations and communities to achieve unimagined greatness by embracing systemic challenges through bold, action- oriented strategic planning, financial and organizational management. Lisa is steadfast in her pursuit to challenge professionals to think beyond the obvious and tackle challenges from a variety of perspectives to find the best possible solution for their communities. Project Management and Executive Leadership: Lisa has established herself as a leader in the parks and recreation industry. She regularly works with agencies all of the country to implement changes via master planning, executive coaching, and cost analysis. KEY CLIENTS City of Grapevine, TX City of Parkland, FL City of Lauderdale Lakes, FL Maryland National Capital Park and Planning Commission Mecklenburg County, NC Town of Arlington, MA Washington Township Recreation Department, OH LISA PARADIS, MBA, CPRP MANAGER AVAILABILITY TO CONTRIBUTE Recreation and branding expertise. Approximately 40 hours each month KEY QUALIFICATIONS 25 years of experience as a Public Park and Recreation Director Extensive experience creating and implementing solutions for systemic challenges in government work, both as an agency director and as a consultant, to park and recreation agencies across the country OFFICE LOCATION AND CONTACT Lisa works from her home office in Boston, Massachusetts. lparadis@berrydunn.com | 207- 842-8123BerryDunn 173 26 Jesse brings nearly a decade of public sector experience, focusing on supporting municipalities with operating and capital improvement budget development and management; special fund accounting, revenue and expenditure forecasting; customer valuation; and cost of revenue analyses for municipal programs and services. EDUCATION AS, Champlain College BA, History, University of Rhode Island MA, History, San Francisco State University RELEVANT EXPERIENCE Business Process Analysis: Jesse is an experienced municipal finance and management professional with nearly a decade of experience serving in many areas of local government both as an analyst and in management roles. His municipal business process knowledge extends through city administration, public works, water delivery and waste collection services, solid waste collection, public safety, economic development and redevelopment, library and recreation services, human resources, capital improvement program development, facility planning, compensation and benefits analysis, and city-wide operating budget planning, monitoring and delivery. Finance: Jesse brings nearly a decade of public-sector experience supporting municipalities with operating and capital improvement budget development and management; special fund accounting, revenue and expenditure forecasting; and customer valuation. In addition to being an adept municipal finance professional, Jesse is particularly accomplished in the areas of public works and engineering budget development and delivery as well as capital improvement project budget development and delivery. Utilities Operations: Jesse has years of public works and engineering finance and operations experience, specifically in the area of water and sewer utility management: operating and capital improvement budget development and delivery, rate setting, water distribution infrastructure finance planning and collection infrastructure finance planning. Fee Studies: Jesse has authored highly complex and sensitive fee studies, created detailed subsidy analyses, developed cost recovery models, and water and sewer rate setting models for a number of municipalities in the San Francisco Bay Area, California and Boston, Massachusetts area. KEY CLIENTS City of Bozeman, MT City of Gainesville, FL City of Fernandina Beach, FL City of Midvale, UT City of Villa Park, CA Hamilton County, IN Peoria County, IN Waste Commission of Scott County, IA JESSE MYOTT SENIOR CONSULTANT AVAILABILITY TO CONTRIBUTE Recreation and branding expertise. Approximately 40 hours each month KEY QUALIFICATIONS Experienced former Finance and Administration Director Knowledgeable of operations and service fees for a wide range of local government divisions OFFICE LOCATION AND CONTACT Jesse works from his home office in Watertown, MA. jmyott@berrydunn.com | 207- 842-8089 PROFESSIONAL AFFILIATIONS California Society of Municipal Finance Officers (CSMFO) (former) Municipal Management Association of Northern California (MMANC) (former)BerryDunn174 27 Dave has 15 years of planning and design experience in pedestrian and bicycle infrastructure, trail, streetscape, recreation, and urban design projects. He leads a broad range of projects including shared use path, recreational trails, on-street bicycle facilities, wayfinding design, and active transportation master plans. Dave brings to projects a unique blend of technical expertise concerning bicycle and pedestrian planning issues, constructability knowledge, public facilitation experience, and creativity. He skillfully communicates technical aspects of projects to help clients and stakeholders develop a clear understanding of project conditions and solutions. EDUCATION Bachelor of Landscape Architecture, Ball State University, 2006 PROFESSIONAL AFFILIATIONS + REGISTRATIONS Professional Landscape Architect: Colorado (#896); Utah (# 9089151-5301) LEED Accredited Professional PROJECT EXPERIENCE Billings Wayfinding Signage Plan; MT Big Sky Trails Master Plan, MT Boise Pathways Master Plan; ID Nampa Bicycle and Pedestrian Master Plan; ID Greater Yellowstone Trail Concept Plan and 2019 Update; ID and WY Park City Wayfinding Plan; UT Jordan River Trail Wayfinding Plan; UT Kearns Wayfinding Plan; UT Foothills Trails Plan; Salt Lake City, UT Middle Canal Trail Design; Logan, UT Cache County Trail Feasibility Study; UT Miller Park Trail Access Improvements and Historic Structures; Salt Lake City, UT North Davis Active Transportation Plan; UT Summit County Active Transportation Plan; UT Riverdale Active Transportation Plan; UT Utah Department of Transportation Active Transportation Design Guidelines; UT Millwood Trail Planning and Engineering, Spokane; WA Mountain Village Trails Master Plan; CO Truckee River Shared Use Path; Reno, NV New Mexico Rio Grande Trail Master Plan and Alignment Study Louisville Natural Surface Park Trail Plan; KY DAVE FOSTER, PLA, LEED AP PROJECT MANAGER AVAILABILITY TO CONTRIBUTE 30 hours per month SELECTED AWARDS American Trails Planning / Design Award for work on the “Greater Yellowstone Concept Plan". 2017 American Trails Planning / Design Award for work on the “Midland Railroad - Leadville Stage Road Trail Feasibility Study”. 2013Alta Planning + Design175 28 Mack is a designer with a passion for urban placemaking and active living. His goal is to connect communities through vibrant public spaces and streets designed for people. Mack brings experience in both the private and public sectors on projects ranging from adaptive reuse and mixed-use development to open space and active transportation design. He is highly skilled at conceptual design, implementation drawings, spatial analysis, public engagement, and graphics that communicate project details and options. EDUCATION Master of Landscape Architecture, Pennsylvania State University, 2017 BS, Landscape Management, Brigham Young University, 2014 PROFESSIONAL AFFILIATIONS + REGISTRATIONS Association of Pedestrian and Bicycle Professionals PROJECT EXPERIENCE Billings Wayfinding Signage Plan; MT Billings Bicycle and Scooter Share Feasibility Study; MT Parkline Trail and Complete Streets Project; Kalispell, MT Boise Pathways Master Plan; ID Eagle Trails Master Plan; ID Nampa Bicycle and Pedestrian Master Plan; ID SW Idaho (COMPASS) Rails with Trails Development Cost Study; ID Foothills Trails Plan; Salt Lake City, UT Cache County Trail Feasibility Study; UT Miller Park Trail Access Improvements and Historic Structures; Salt Lake City, UT Kearns Wayfinding Plan; UT Utah Transit Authority Wayfinding and Signage Plan; UT Summit County Active Transportation Plan; UT Mid-Valley Active Transportation Plan; UT Hurricane Active Transportation Plan; UT North Davis Active Transportation Plan; UT Truckee River Master Signage Plan; Reno, NV Mountain Village Trails Master Plan; CO Louisville Natural Surface Park Trail Plan; KY MACK DRZAYICH SENIOR DESIGNER AVAILABILITY TO CONTRIBUTE 40 hours per monthAlta Planning + Design176 29 Joe is a national expert in bicycle and pedestrian facility design. He provides project oversight and quality control for Alta staff for on-street bicycle facility implementation and pedestrian planning projects in communities varying in size across the Rocky Mountain region and nationwide. Joe lived in Bozeman for 14 years and still visits frequently. Joe prepared active transportation recommendations for the last two Bozeman Transportation Plans and has been involved in dozens of other trail, pedestrian and bicycle projects in Southwest Montana. EDUCATION MS, Transportation Planning, Oxford Brookes University, United Kingdom, 2002 BS, Civil Engineering, California Polytechnic State University, San Luis Obispo, California, 2001 PROJECT EXPERIENCE Bozeman Transportation Master Plan; MT Billings Wayfinding Signage Plan; MT College to Huffine Trail; Bozeman, MT Missoula to LoLo Trail Design; MT Gallatin County CTEP Trails; MT Helena Active Living Wayfinding Plan; MT Helena Transportation Plan; MT Bozeman Safe Routes to School Mapping Updates; MT Billings Area Bikeway and Trail Master Plan Update; MT Billings Long Range Transportation Plan; MT Yellowstone Riverfront Trail Feasibility Study; Billings, MT Parkline Trail and Complete Streets Project; Kalispell, MT Missoula Long Range Transportation Plan; MT Missoula Wayfinding Signage Design; MT Hamilton Non-Motorized Transportation Plan; MT Greater Yellowstone Trail Concept Plan and 2019 Update; ID and WY Frederick Parks, Open Space, and Trails Master Plan; CO Pitkin Low-Stress Bikeway; Fort Collins, CO Northwest Arkansas Razorback Greenway NACTO Urban Bikeway Design Guide FHWA Small Town and Rural Multimodal Network Guide JOE GILPIN SENIOR ADVISOR AVAILABILITY TO CONTRIBUTE 30 hours per monthAlta Planning + Design177 Susan Riggs, AICP has uniquely experienced the public, private and non-profit sectors over the past 19 years in Bozeman. In 2017, she established GroundPrint, LLC, to focus on helping the community development branches of non-profits navigate planning processes. Susan previously worked for an architecture firm focusing on site and neighborhood design, master planning, municipal and county entitlements, design review programs, feasibility studies and technical assistance grants. Susan began her career working as a planner for the City of Bozeman Community Development Department and currently consults with the department for a variety of projects. EDUCATION University of Virginia School of Architecture, Bachelor of Arts in Urban & Environmental Planning, 2001 PROFESSIONAL AFFILIATIONS + REGISTRATIONS American Institute of Certified Planners (AICP) No. 021407 Montana Association of Planners (MAP) VOLUNTEER EXPERIENCE Community Builders “Building Better Places,” Gallatin County Team Member 2020 Gallatin County Planning Board, Member 2009-2011 North 7th Avenue Urban Renewal Board (NSURB), Member 2008-2012 PROJECT EXPERIENCE Downtown Improvement Plan Update (In collaboration with Agency acting as Prime): Bozeman, Montana Downtown Plan Implementation & Consulting: Bozeman, Montana City of Bozeman Community Development Consulting; Bozeman, Montana Neighborhood Engagement Report: Bozeman, Montana PUD Relaxations Report: Bozeman, Montana Bridger View Redevelopment Neighborhood Planning: Bozeman, Montana HRDC’s Housing First Village: Bozeman, Montana Community First Griffin Place: Bozeman, Montana West Yellowstone Community Land Trust: West Yellowstone, Montana Big Sky Affordable Housing Feasibility Studies: Big Sky, Montana Experience under Intrinsik Architecture, Inc Stewart Homes Master Planning: Helena, Montana The Lakes at Valley West, Phases 1 & 2: Bozeman, Montana Zone Text Amendment to add way-finding provisions to Unified Development Code: Bozeman, Montana SUSAN RIGGS, AICP PRINCIPAL AVAILABILITY TO CONTRIBUTE Code & Policy Analysis Engagement Local Expert Available 10+ hours per month SELECTED AWARDS American Planning Association Award, Virginia Chapter, 2001Groundprint, LLC178 31 Mr. Murray has over 15 years of experience in survey administration, development, supervision, and research analysis. Throughout his tenure at ETC Institute Mr. Murray has had the pleasure of working on survey projects that cover a wide variety of topics, including parks and recreation, community planning, customer satisfaction, transportation, employee, library, comprehensive planning, parks and recreation master plans, water and utility, and business development. His current role as Assistant Director of Community Research includes survey design, developing sampling plans, quantitative and qualitative data analysis, interpretation of results, and presentation of findings. In his previous role he planned, coordinated and supervised the administration of large- scale origin-destination transportation studies on over a dozen projects throughout the country. Mr. Murray has worked as a Project Manager on projects for over 200 state, county, local, and private sector clients. Below are some examples of the clients Mr. Murray has worked for. EDUCATION B.S., Public Administration, The University of Kansas PROJECT EXPERIENCE Mr. Murray has served as a project manager for over 100 parks and recreation surveys for local governmental organizations. Some of these organizations include: • Aberdeen, South Dakota • Arlington County, Virginia • Austin, Texas • Barrington, Illinois • Beaver Creek, Ohio • Bend, Oregon • Billings, Montana • Cincinnati, Ohio • Corpus Christi, Texas • Dallas County, Iowa • Delaware County, Ohio • Denver, Colorado • Derby, Kansas • Downers Grove, Illinois • Eau Claire, Wisconsin • Edgewater, Colorado • Elon, North Carolina • Eudora, Kansas • Geneseo, Illinois • Glasgow, Kentucky • Grand Rapids, Michigan • Greensboro, North Carolina • Ithaca, New York • Jersey City, New Jersey • Kenmore, Washington • Lincoln, Nebraska • Mecklenburg County, North Carolina • Mill Valley, California • Milton, Georgia • Milwaukee County, Wisconsin • Oakland County, Michigan • Oswegoland, Illinois • Ozark, Missouri • Platte City, Missouri • San Diego, California • Tacoma, Washington RYAN MURRAY ASSISTANT DIRECTOR OF COMMUNITY RESEARCH AVAILABILITY TO CONTRIBUTE Approximately 40 hours each monthETC Institute179 32 Grand Rapids Parks and Recreation Strategic Master Plan † 180 33 EXPERIENCE 181 34 EXPERIENCE Comprehensive Parks and Recreation Planning We realize that the Bozeman Parks, Recreation and Active Transportation Plan requires a fresh, creative approach as well as grounded local knowledge. Agency Landscape + Planning is the project leader and prime consultant for this master plan update element. Agency will manage the overall process - orchestrating, ideating, collaborating and communicating with the Bozeman Parks and Recreation Department to achieve its objectives. Agency is currently leading a recreation and parks plan for Mecklenburg County and Charlotte, North Carolina and recently completed similar projects for the City and County of Denver, CO, the City of Greensboro, NC, and the City of Indianapolis, IN. Over the past decade, Agency members have worked on over twenty parks and recreation plans and projects across the country. We are joined by Berry Dunn, nationwide leaders in parks and recreation planning with an emphasis on operational and organizational assessments, staffing and culture assessments, change management, business planning, financial analysis and cost recovery, feasibility studies, and service quality assessments. A unique aspect of Berry Dunn is that all of their parks and recreation consultants are former industry practitioners and seasoned advisors, bringing empathy and expertise to tough conversations about managing change. Together, we believe the most successful comprehensive plans provide the following: • A Roadmap for Action. This plan must provide a clear, supported vision for where the parks and recreation system is going, described through a visual framework and actionable steps. We will create a plan that reinforces your vision but also provides a flexible framework to ensure the ambitiousness of the project does not destabilize surrounding neighborhoods in the process. • Integrated Mobility. Bozeman’s network of trails, linear parks and bike paths, already recognizes this essential community and environmental infrastructure. We can hybridize the typical approach to a gaps analysis that accounts for all publicly accessible open spaces, not just those that are owned and maintained by the city, county or state. • A Green and Blue Future. Parks do double duty as active spaces for community and extensions of Bozeman’s deep natural resource assets. The plan will identify that future scenario and work backwards to recommend key strategies and pilots that integrate the City’s green and blue infrastructure. • Vision and Grit. We believe this plan is an opportunity to integrate previous planning, build consensus, and create a clear roadmap to improve access and system-wide connectivity, identify acquisitions, and drive community stewardship. We believe grit (to dig deeply into the existing conditions, data and human infrastructure) is as important as a powerful vision. This section summarizes our team’s experience in each of the four key areas that the RFP identified. Each section is paired with relevant project experience from across the team. 182 35 Comprehensive Parks and Recreation Planningwalksheds Creating a fun and engaging master planning process that ignites (or validates!) the community’s love of the department and the assets Innovation opportunities in system planning look like ... Engaging deeply with natural systems dynamics (habitat, water quality, etc) to expand fluency and stewardship Streamlining and clarifying decision- making and action- related process to ensure implementation aligns with a shared vision Bronken Park 183 36Comprehensive Parks and Recreation PlanningMeck Playbook: Mecklenburg Park and Recreation Comprehensive Plan Mecklenburg County Park and Recreation Mecklenburg County, North Carolina Ongoing Mecklenburg County, North Carolina, which includes the City of Charlotte, has experienced significant population growth since the 1970s. Home to over a million residents, the County continues to attract newcomers with its diverse communities, affordable quality of life, temperate climate, and expansive greenway and park system. Agency is currently completing a robust community engagement and master plan process, called Meck Playbook, that is tailored to suit the diverse needs of the residents, visitors, and stakeholder organizations in the City of Charlotte and Mecklenburg County. In partnership with Neighboring Concepts, Kimley Horn, and Berry Dunn, and through careful listening, observation, and analysis, the Agency team has been developing innovative and implementable recommendations that address challenges of such a large system with limited resources and big aspirations. Guided by four principles, the vision for Meck Playbook is one rooted in action and inclusion. By committing to equity, the plan enhances relationships with communities that have the lowest access to amenities and the highest need for those resources by engaging in community decision-making at every step of implementation. As land values continue to increase, the plan identifies ways to work beyond traditional boundaries and engage with partners to purchase land, create new programs, and expand connections to neighborhoods. Stories about the history, culture, and future of the County will be shared by local artists and in community destinations. As the County evolves and grows, Meck Playbook will guide decision making that can realistically adapt to changing needs and trends. Commit to Equity at MLK Park S tewart Cree k Gree nway SMALLWOOD NEIGHBORHOOD SMALLWOOD NEIGHBORHOOD ENDERLY PARK NEIGHBORHOOD 1 2 4 7 5 6 creek bridgeconnector new facility with overlook restored courts + splashpad improved mobility accessible connection to fields crossing to adjacent park 10 MIN 10 MIN 10 MIN walk to park walk to park walk to park SEVERSVILLE PARK MARTIN LUTHER KING JR PARK N TO UPTOWN CHARLOTTEFuture GreenwayAmbassador StSta t e StRozzelles Ferry Rd28 Agency, BerryDunn and ETC Institute 184 37 Comprehensive Parks and Recreation PlanningRelevance to Bozeman’s Plan PLAN ELEMENTS Reflects the community’s priorities Includes professional assessment and recommendations Policies that support environmental and mobility goals Guides development proposals Recommends policy updates Addresses community-driven service imbalances Prioritizes acquisition, development and maintenance Guides the Department’s program development Provides implementation recommendations Together, Agency and Berry Dunn have helped shape a vision and actionable set of recommendations for the Mecklenburg County Parks and Recreation System. The plan elements addressed in the Meck Playbook closely matches Bozeman’s identified needs and project outcomes (see below). In addition, the client team for Meck Playbook equally prioritized issues of equitable parks access, connectivity between resources and environmental health as drivers in the planning effort. The playful plan branding, accessible visualizations and comprehensive storytelling might also resonate with Bozeman’s goals! x x x x x x x x x Low-ranked spaces in priority communities Priority community Gaps in open spaces access 185 38Comprehensive Parks and Recreation PlanningThe City of Greensboro is home to an award-winning parks and recreation system, featuring an extensive network of greenways and trails, a robust collection of neighborhood parks and several regionally significant parks. The focus of the 2018 Parks and Recreation Master Plan was to ensure the longevity of this system, and position it for relevance to the community today. Since the previous plan in 1998 and the 2005 update, Greensboro has been experiencing city-wide growth, demographic changes, significant deferred maintenance and funding shifts, making 2018 an important moment to plan for the future. Agency led a diverse team of local and national experts to envision the next era of Greensboro’s world-class parks and recreation system. The plan helps the City chart a progressive path forward amidst growth and development, unique neighborhood needs, environmental conditions, and a competitive funding/financing context. The project included a thorough analysis of the City’s parks and recreation system, a series of community conversations to understand the priorities of Greensboro’s culturally diverse and evolving population, pop-up meetings, a statistically valid survey, ongoing staff engagement, a recreation and trends analysis, and recommendations for organizational changes and maintenance practices. The vision reinforced continued support for connectivity and neighborhood-scale amenities, as well as investment in state-of-the-art facilities. Plan2Play Parks and Recreation Master Plan City of Greensboro Department of Parks and Recreation Greensboro, North Carolina 2018 Select Awards North Carolina Chapter of the American Planning Association (NC-APA), 2019 North Carolina Marvin Collins Planning Award, Outstanding Planning Award – Innovation in Planning Services, Education, and Public Involvement Agency and ETC Institute 186 39 Comprehensive Parks and Recreation PlanningDenver Game Plan † City and County of Denver Denver, Colorado 2019 The City and County of Denver's Game Plan for a Healthy City is a citywide parks and recreation plan for the next 20 years that proclaims that easy access to parks and open space is a basic right for all Denver residents. Built from input from more than 6,000 residents, stakeholders, and staff members, the Game Plan provides a roadmap for parks, recreation programs, and urban forest to serve the needs of all Denverites in the face of population growth and climate change. The Game Plan was led by Brie Hensold and Gina Ford while principals at Sasaki, and they continued to serve as the project's planning and design leadership while at Agency, working with the project manager and support team at Sasaki. Denver's system is incredibly diverse, spanning urban plazas to large natural areas in the outlying mountains. However, today the system is facing unprecedented challenges environmentally and economically, and it is not fully and equitably meeting the needs of all of Denver's growing and changing neighborhoods. The plan seeks to flip the mindset of recent parks investment, calling for a new vision that rallies around parks as essential public health and outlines five key strategies to: • Adapt to the Changing Climate & Limited Resources, • Diversify Parks & Recreation Services, • Grow the Park System & Recreation Access, • Reinvest in Denver’s Parks & Recreation Resources & People, and • Connect to Denver’s Nature & Culture. These strategies are informed by actionable policies, projects and programs and tied to recommended metrics and responsible parties for implementation. Agency and ETC Institute 187 40Comprehensive Parks and Recreation PlanningJersey City Community Facilities, Open Space and Recreation Plan City of Jersey City Jersey City, New Jersey Ongoing As New Jersey’s fastest growing city, Jersey City has experienced sustained growth since the 1980s. Amid this evolution, The City of Jersey City has consistently maintained its master plan, with updates to the City’s master plan in 2000, to the Open Space and Recreation Element in 2008, and today, in order to meet the changing needs for community-serving facilities and spaces of its growing and diversifying community. The plan for Jersey City’s community centers, libraries, open spaces and programs is happening at a time of significant momentum around the future of the city. To be the best stewards of the future, attention must be given to resilience, affordability, and equity. Jersey City is in the process of reinvesting in critical green infrastructure, as well as allocating funds for major renovations of existing facilities and parks to align with trends and community needs. Recently, under the guidance of new leadership, the City has invested over $6 million in parks and recreation facilities and increased the City-owned parkland by eleven percent. This show of commitment to increasing access between the city’s diverse communities and recreation is creating more places for people to thrive. The plan, which is currently underway, positions Jersey City within the region and amongst its peer communities across the country to understand opportunities for future investment in enhancing or expanding the city’s open space and trails network, parks and recreation facilities, and other important neighborhood-serving anchors. As the leaders of the open space element of the plan, Agency is placing great attention on crafting a game plan to increase access to amenities the community desires the most, while balancing the City’s unique ecological needs. All while imagining safe, effective, and accessible multi-modal ways to reach these destinations. Agency is leading a team comprised of local partners – NV5, who is leading the analysis of access and connectivity networks, and Stokes Creative Group, leading element outreach. Berry Dunn is lending technical expertise around recreation strategies. The Open Space Element is being developed in close collaboration with the Land Use Element (led by BFJ) and the Vision Plan (led by AECOM). Agency + BerryDunn 188 41 Comprehensive Parks and Recreation PlanningParks and Recreation Master Plan City of Parkland Parkland, Florida 2020 BerryDunn led the master planning effort for the City of Parkland, Florida’s Parks and Recreation Department, with Kimley-Horn as a strategic partner. Key project components included a statistically valid survey, inclusive community outreach and engagement efforts, demographics report, level of service assessment, organizational assessment, and recreation programs assessment. The unique factor in this project was the client’s expressed desire for a fast-track process. The BerryDunn team successfully completed a final master plan aligned with the City’s timeline in July 2020. “The BerryDunn team was professional, attentive, followed through with deadlines and understood the scope of our project. Their combined experience not just in master planning, but working in the parks and recreation field allowed for a clear understanding of expectations and a wealth of great ideas and recommendations.” - Christine Garcia, Director of Parks and Recreation, City of Parkland, Florida BerryDunn 189 42 XX Active Transportation Planning In a 21st century context of increasing urban dwellers and an emphasis on environmental sustainability, parks and recreation system plans benefit greatly from deep thinking about the role of mobility systems in delivering equitable access to resources. Agency tackles mobility issues with technical rigor, deep engagement with local culture and high aspirations for innovation in each system plan. In addition, we are thrilled to have Alta Planning + Design and Sanderson Stewart as contributors to the team’s mobility approach. Both have consulted on numerous active transportation planning and design projects across Montana and neighboring mountain states. Within Gallatin County our team is currently completing the Triangle Trails Plan, and successfully delivered the active transportation components of the 2017 Bozeman Transportation Master Plan. Partnering and working independently, Sanderson Stewart and Alta have designed many miles of pedestrian and bicycle facilities throughout the community. Together we will utilize the breadth and depth of our experience to create a comprehensive Active Transportation Plan grounded upon local familiarity and regional expertise. Alta Planning + Design has prepared bicycle and pedestrian master plans for hundreds of small towns and cities in the U.S., planning and building support for bicycling and walking, enabling these areas to improve active travel for residents and visitors alike. This team provides the building blocks to delivering a cost efficient and implementable Active Transportation Plan in Bozeman through: • Deep local familiarity – Staff have lived in the area for many years and have been involved in dozens of local projects • Understanding of the issues – The team has conducted level of traffic stress mapping, economic benefits analysis of active transportation, and has authored previous recommendations in Bozeman • Leading the field – Active transportation has evolved dramatically over the last decade and we have helped shape the industry in facility design, engagement, and emerging modes like new mobility. Exhibit from the Bozeman Transportation Master Plan 190 43 Active Transportation PlanningPilgrim Church Kids Biking Building on the previous mobility system planning in Bozeman to ensure alignment, shared visioning and quick wins! Right now we’re thinking about... Leveraging this opportunity to advance our already robust mobility data systems and analysis Uncovering, through community engagement, like this bike tour in Triangle Area near Bozeman, hidden system opportunities and challenges 191 44Active Transportation PlanningBozeman Transportation Master Plan City of Bozeman (Owner) Robert Peccia & Associates (Prime) Bozeman, Montana 2008 (Original Plan) 2017 (Update) Alta led development of the pedestrian and bicycle elements of the 2007 Bozeman Area Transportation Plan for Gallatin County, the City of Bozeman, and the Montana Department of Transportation. Alta also supported the 2017 plan update, which expanded the analysis to include network level-of-stress for pedestrians and bicyclists. The update included new sections on benefits analysis for active transportation facilities and a comprehensive look at existing count data. Alta led public involvement, facility inventory, existing conditions analysis, network improvement recommendations, mapping, programs, policies, and implementation strategies. The final product includes an implementation list and future network maps to guide the region in the development of non- motorized transportation. Alta Planning + Design 192 45 Active Transportation PlanningRelevance to Bozeman’s Plan PLAN ELEMENTS Reflects the community’s priorities Includes professional assessment and recommendations Policies that support environmental and mobility goals Guides development proposals Recommends policy updates Addresses community-driven service imbalances Prioritizes acquisition, development and maintenance Guides the Department’s program development Provides implementation recommendations This new Active Transportation Plan will serve as an addendum to 2017 Bozeman Transportation Master Plan. Many of the components of the non- motorized transportation analysis found in the Transportation Master Plan will provide key inputs for the Active Transportation Plan. Alta Planning’s experience as a consultant on the Transportation Master Plan gives our team a distinct advantage and will allow for deep insights and an efficient workflow. x x x x x x x 193 46Active Transportation PlanningFIRM NAME Alta was selected by the City of Billings to prepare a wayfinding and signage plan for their active transportation network. The plan includes a summary of wayfinding best practices, signage design and placement, and design intent drawings. The project seeks to create a cohesive and legible wayfinding system for trail users, on-street bikeway users, and pedestrians. Billings Wayfinding Signage Plan City of Billings Billings, Montana 2020 Alta Planning + Design 194 47 Active Transportation PlanningFIRM NAME Alta provided a comprehensive update to the 2003 Big Sky Community Organization Trails Master Plan. Big Sky is a tourism driven community that experiences seasonal surges in visitation and residency. This plan is intended to better portray the vision of a well-connected community by trails, despite the three distinct and separate focal points to the area (Base area, Meadow Village and Canyon). The plan made heavy use of a series of interactive public exercises and looked at preference of residents and seasonal visitors separately. The final recommendations outline a list of top 10 priority projects and identifies trails in neighboring resorts and public lands that could serve the larger trail network. Big Sky Trails Master Plan Big Sky Community Organization Big Sky, Montana 2018 Alta Planning + Design 195 48Active Transportation PlanningSanderson Stewart completed this CTEP-funded project for the design and development of three separate multi-use paths all bid as separate schedules under a single project. The project included design of approximately 8,500 linear feet of asphalt pathway for three separate site locations located in Gallatin County, Montana. Tasks included design, environmental analysis, project manual/construction bidding documents, assistance with contract letting and all construction oversight activities. These projects were constructed in 2014. Gallatin County Bike/Ped Paths Gallatin County Gallatin County, Montana 2014 Sanderson Stewart + Alta Planning + Design 196 49 Active Transportation PlanningThe Triangle Area Trails Plan will guide the development of non-motorized pedestrian and bicycle recreation and transportation infrastructure in future developments within the Triangle area. The communities of Belgrade and Bozeman have plans for trail connectivity, this rapidly growing area of Gallatin County lacks a guiding document to ensure future trail development and connectivity. This plan serves as an extension and complement to the existing Belgrade Parks and Trails Master Plan and the Bozeman Parks, Recreation, Open Space and Trails Plan (PROST). With the development of new subdivisions in the Triangle Area, this plan creates the vision and strategies to ensure that a trail and pathway system for safe recreation and transportation is connected through development over the long term. Developers, landowners, and homeowners will benefit from a clear, predictable, and inspiring vision for a trail, pathway, and linear park system. The Triangle Trails Plan project goals are: • Create a vision for guiding future trail development and connectivity • Identify key corridor and connections within the Triangle area • Provide clear and predictable expectations for developers, landowners, and homeowners for trail and pathway development • Propose implementation strategies to guide Gallatin County, Belgrade, and Bozeman in the completion of the proposed trail network Triangle Trails Plan Gallatin County & Gallatin Valley Land Trust Gallatin County, Montana 2021 Sanderson Stewart 197 50Active Transportation PlanningBridgeport is Connecticut's most populated city. The city has a long legacy of parks and open space, but its system has been challenged by tight budgets that led to years of disinvestment, overuse and the need for a new vision for the future. In 2012, the city set out to create a new parks and recreation plan for its community based on neighborhood needs, recreation, historic park identity, connectivity, maintenance, public engagement, and environmental and fiscal resilience. The plan was led by Gina Ford and managed by Brie Hensold while at Sasaki. The resulting “Park City” master plan repositions Bridgeport's 45 parks as a connected and vibrant network of green spaces that better leverage the city’s ample waterfronts, create resilient spaces for sea level rise, foster economic development and promote health and wellness. Importantly, the plan is founded on deep community input and engagement. Outreach strategies went beyond traditional meetings to include youth engagement through summer camp programs and rigorous statistically valid surveys. Key master plan ideas ranged from catalytic projects like restoration of inland industrial ways of the Pequonnock River, and Yellow Mill Creek to neighborhood-focused solutions like centrally located "hyper-parks" that amplify amenities where park need is highest. With a focus on implementation, the plan included a realistic action plan that tied capital projects to revenue generation and operations and maintenance efficiencies. The Bridgeport Parks Master Plan The City of Bridgeport, Connecticut † Bridgeport, Connecticut 2012 198 51 Active Transportation PlanningBurlington Greenway Renovation The City of Burlington Burlington, Vermont 2021 Burlington is Vermont’s cultural capital, largest city, and the heart of a region where incredible access to parks and recreation defines its quality of life, culture and tourism. The city’s diverse open space system comprises 43 parks, miles of trails, ecologically sensitive waterfronts, community gardens, and several recreation and cultural facilities. Our long-standing relationship with the City began in 2013 when Brie Hensold and Gina Ford - in partnership with leadership at Berry Dunn - led and managed the City’s first comprehensive parks and recreation master plan (while at Sasaki). Adopted in 2015, the Burlington Parks, Recreation and Waterfront (BPRW) Master Plan set forth a bold vision, which enabled multiple subsequent implementation projects led by our team. These included a comprehensive rebranding of the department, assisting BPRW with grant applications for park improvements, and most relevant to this effort, an ambitious renovation of the City’s waterfront greenway. In collaboration with our engineering partner, VHB, Agency worked on three phases of renovations to the Burlington Greenway. The first phase created a master plan for a series of park amenities along the trail called Pause Places. These included small rest stops, mid-sized spaces for information kiosks and interpretation, and the largest typology, mini parks, which feature a suite of recreation, leisure, and fitness amenities. This phase culminated in the implementation of three pause places, including a large waterfront gathering space and overlook (pictured above during construction). The second phase included the design of three additional Pause Places. The third phase, which is currently ongoing, focuses on realigning a critical stretch of the path as it passes through the downtown reach of the waterfront. The realignment, which was triggered by an expansion of the Amtrak rail corridor that parallels the greenway, must navigate horizontal constraints while remaining elevated high enough to avoid Lake Champlain’s seasonal flood waters. Our team facilitated discussions with multiple city agencies and the adjacent landowners to develop a series of alternatives for the alignment, which have yielded an approved - and consensus based - preferred alignment. CL 103.3’ (2011) 100’ (high water) 102’ (flood stage) 105’ 2’9’9’9’10’ 105.3’ 2’ MAJOR BUILDING SMALL SHED MAJOR BUILDING BEHIND LOCAL MOTION BIKE RENTALS PROPOSED GREENWAY RELOCATED RAILWAYPROPOSED FENCE FENCE LCTCR.O.W.PROPOSED FENCE ON RETAINING WALL Agency 199 52 Ethical Data Governance and Equity We believe that data is a powerful tool for community conversations, equitable decision-making, and telling a powerful story. At the same time, we know that data is not always impartial, and we need to create a process that marries data closely with engagement and community understanding, so that we can identify biases and work to overcome them. Often, there is a misalignment in what data tells us and what community perception is. Even if a data point is factually “true,” we need to understand if it aligns with community experience and if not, ask why! Our spatial analysis process will rely on GIS and existing data from the city and other sources. A first step when we receive data is to synthesize it and identify inconsistencies that will need to be ground- truthed, augmented with other data, updated, or vetted with the community. We will create an agreed upon database and deliver that to the client team at the end of the process, working with the City’s GIS team to understand how our data management can be seamless with their future use. Demographic and community analysis is at the heart of our work. We bring together multiple datasets, the US Census and American Community Survey the CDC’s Social Vulnerability Index and the EPA’s Environmental Justice mapper, to overlay various patterns and better understand need. Understanding concentrations of youth under 5 or older adults in can help to line up recreation trends with geographic distribution of programs and amenities. Likewise, a picture of the racial composition of the community is important background for engagement so we can measure if we are reaching a representative segment and recalibrate efforts if not. We always bring equity as a lens to our data review, using it to frame the questions that we turn to data and information to help us answer. We have collaborated with ETC Institute on multiple statistically valid surveys; they have a rigorous process for crafting unbiased questions and maintaining anonymity in the process. Likewise, when we conduct community engagement, we will work with the client to balance the community’s trust with the desire to collect and measure demographic information. We are excited to be joined by Susan Riggs of Groundprint who is a special advisor for HRDC to help implement the ongoing Safe Routes to Parks grant and has developed ideas to meaningfully engage low-income households, BIPOC (black, indigenous, people of color) households and people with disabilities. Groundprint also recently completed a City Engagement Report for the City of Bozeman Neighborhoods Program that identified best practices emerged related to organizational structure, engagement tools, inclusion goals/strategies and the need for metrics. Workshop Attendance 0-9 Attendees 10-19 Attendees 20-29 Attendees 30-39 Attendees 40-49 Attendees 200 53 Ethical Data Governance and EquityValley West Park We keep equity at the forefront with a commitment to... Use data to tell a truthful story, synthesizing it and using it to directly inform project goals and recommendations Continuously check engagement responses to demographics and geographic distribution, adjusting outreach and normalizing data. Draw on local understanding of Bozeman’s communities and neighborhood networks. 201 54Ethical Data Governance and EquityFor over a century, Franklin Park has been a lively and beloved center of recreation, gathering, nature, and discovery for the Boston community. Now, with newly allocated park funds, the City of Boston is planning ahead for the park’s next century. With the sale of the Winthrop Square Garage, Mayor Martin J. Walsh committed $28 million to revitalize Franklin Park. In preparation for this investment, which includes $5 million earmarked to create a maintenance endowment, the Boston Parks and Recreation Department launched a new master plan for the park. Agency is leading the public engagement, planning, and programming for an effort led by Reed Hilderbrand in collaboration with MASS Design Group and a broad team of ecology, engineering, economic, and engagement experts to create a community driven master plan for an engaging and diverse Franklin Park. Throughout this 18-month project which commenced in Fall 2019, the team will undertake an equitable and inclusive planning and decision- making process to create a shared vision for the future of Franklin Park. Our work will build on previous planning efforts and improvements by the City and its partners. Now almost halfway through the master plan process, the team has visited Franklin Park and the surrounding communities for community workshops, pop-up activities, surveys, and conversations with the park’s neighbors. Franklin Park Master Plan Boston Parks and Recreation Boston, MA 2019-2021 202 55 Ethical Data Governance and EquityRelevance to Bozeman’s Plan PLAN ELEMENTS Reflects the community’s priorities Includes professional assessment and recommendations Policies that support environmental and mobility goals Guides development proposals Recommends policy updates Addresses community-driven service imbalances Prioritizes acquisition, development and maintenance Guides the Department’s program development Provides implementation recommendations Agency led a community engagement process for Franklin Park that transitioned from pre-COVID to COVID- safe practices, while maintaining high levels of participation and genuine conversations. The project’s online survey garnered over 6,000 responses, following an intense effort to reach all neighborhoods around the park. The team continuously benchmarked survey replies to demographic traits, ultimately achieving alignment of the neighborhood’s racial composition with the survey respondents. To increase participation in key areas, the team mailed postcards, posted signs, and canvassed key streets. x x x x x Exercise Attend special events or festivals Spend time with friends or family Enjoy nature Travel through Relax Visit a playground Walk the dog Attend sporting events Play field sports Play court sports Take part in a program or class Play golf Run cross country Other Volunteer Play disc golf 74% 61% 61% 45% 52% 50% 35% 19% 19% 17% 17% 14% 9% 6% 4% 6% 2% 68% 34% 25% 59% 45% 32% 18% 36% 7% 8% 7% 3% 6% 10% 5% 2% 4% 76% 69% 72% 50% 48% 55% 39% 18% 18% 13% 16% 15% 10% 8% 5% 5% 2% What do you typically do in Franklin Park? Responses were analyzed by neighborhood to understand differences and commonalities in community needs. Dorchester (1495) Jamaica Plain (943) Roxbury (470) 53% identify as African American or Black African American/Black Caucasian/White Hispanic or Latino Prefer not to answer Other Asian American Indian and Alaska Native Native Hawaiian and Other Pacific Islander 33% 8% 5% 4% 3% 2% 0% 53% Over three-quarters of participants are residents neighborhoods adjacent to Franklin Park Resident of Dorchester, Jamaica Plain, Mattapan, Roslindale, Roxbury Resident of Boston (other than neighborhoods listed above) Massachusetts-resident visitor Commute through Franklin Park for work, school or daily errands Out-of-state visitor Parks Department Staff 3,816 788 746 46 39 676 203 56Ethical Data Governance and Equity3www.DetroitMi.gov/Land | 313-224-2372 1. Getting started 2. Check land zoning 3. Purchase land 4. PermittingThis guide is one of five packets on how to buy publicly owned land and create land based projects in Detroit. Download these resources at www.DetroitMi.gov/Land or pick up at 2 Woodward Ave.Land Based Projects: A Path to Purchase, Permit and DesignPlot plan, Site design, and Maintenance Guide Plot Plan, Site Design, and Maintenance Guide What is a Right of Way? A Right of Way (ROW) is a public corridor, adjacent to several properties that allows the movement of people and infrastructure. It can include public sidewalks, roads and alleys or utility easements. What is a setback? A setback defines the required distance between your property boundaries and the buildings or features you plan to place on your property. For example, in the drawing at right, the inner “setback” rectangle defines the area of your property that can include structures or features like compost. The Site Design Guide discusses some important things to know about setbacks for features like crops and orchards (page 10) or compost (page 14). How to identify property lines General information about your property lines are available on the Detroit parcel viewer, www.cityofdetroit.github.io/parcel-viewer including its width, length and area. Property boundaries and setbacksBefore you start drawing your plot plan, you’ll want to know your property’s boundaries and where you can place different features on your site. Your property is composed of one or more parcels and is defined by its property boundaries. Within these boundaries, your use of the land may also be impacted by setbacks, existing buildings, and your property’s relationship to city-owned streets, alleys or utility areas. Detroit Land Based Projects City of Detroit Detroit, Michigan 2019 underutilized vacant city lots into community gardens, play spaces, and urban agriculture projects among many others. Many residents and neighborhood organizations have led the charge in stewarding vacant lands to preserve their community’s character and strengthen neighborhood bonds. Yet, the guidelines and processes can be difficult to navigate, preventing people from participating thoroughly or protecting their investments. Agency supported Asakura Robinson to streamline and visualize the process and standards for Detroit’s Land Based Projects program. The project process featured an intentional community engagement strategy that posited that the current users are the experts and began with those already actively engaged in stewarding land based projects on vacant city-owned lands. Working with the City, the Detroit Land Bank, Asakura Robinson, Keep Growing Detroit, and the Detroit Collaborative Design Center, Agency walked through the process with those stakeholders to understand how it could be improved and where standards and communication could evolve or be made clearer. Agency developed a diagrammatic guide and narrative titled ‘Zoning 101’ to visually translate complex planning language to residents who are interested in undertaking their own land based projects and the critical rights and relationships to consider as projects are implemented. The project resulted in a series of online and physical guides that walk a person or organization through vacant land acquisition, permitting and program maintenance to ensure the Land Based Projects can grow and thrive. Detroit Land Based VenturesProcess and Design Guidelines The City of Detroit is actively managing and planning for its vacant land resources. At the start of 2014, Detroit counted 40,000 vacant houses; after demolitions, rehabs or sales, 22,000 vacant houses remained in 2019. Putting land into productive, community based use is part of the City’s long-term solution. Detroit’s vacant land revitalization strategies have attracted widespread attention in recent years, and have renewed interest in reprogramming Agency 204 57 Ethical Data Governance and EquityBuilding off the success of the High Line Canal’s Vision Plan, Agency, in partnership with Livable Cities Studio and with the support of Sasaki, led the High Line Canal Conservancy and community to envision a bold future for the Canal called the Framework Plan. Engineered for the conveyance of irrigation water and now used primarily for recreation, the Canal’s uniqueness as a greenway stems from its original function as a utility. It does not conform to the traditions of city grids or natural water bodies. Rather, it winds its way with the region’s topography in a completely unexpected way–revealing to its users an unfolding sequence of views, encounters, and experiences that feel both interwoven within and a world apart from its urban context. The High Line Canal Framework Plan serves as a pathway forward to revitalize and transition the Canal as a regional greenway while improving the health of the ecosystem. The Plan illuminates the opportunities and challenges accompanying a historic Canal system, while laying out inspiring and practical guidance for improvements that honor and enhance its unique attributes. The recommendations respect the character of the varied communities along the way and offer improvements to areas that are currently underserved by or in high need of open space. The High Line Canal Conservancy and the design team worked closely with Denver Water, the 17 unique jurisdictions, and the Urban Drainage and Flood Control District throughout the process. Community outreach and engagement efforts around milestone open houses and smaller focus group meetings to discuss community specific needs and desires. High Line Canal Framework Plan The High Line Canal Conservancy Denver, Colorado 2019 Select Awards ASLA Colorado Chapter, Honor Award in Analysis and Planning. 2020 Agency 205 58Ethical Data Governance and EquityETC Institute of parks, recreation facilities, programs, and services within the community that best represent residents’ needs. ETC Institute mailed a survey packet to a random sample of households in the City and County of Billings. Each survey packet contained a cover letter, a copy of the survey, and a postage-paid return envelope. Residents who received the survey were given the option of returning the survey by mail or completing it online at www.BillingsParksSurvey.org. Ten days after the surveys were mailed, ETC Institute sent emails and placed phone calls to the households that received the survey to encourage participation. The emails contained a link to the online version of the survey to make it easy for residents to complete. To prevent people who were not residents of the City or County from participating, everyone who completed the survey online was required to enter their home address prior to submitting the survey. ETC Institute then matched the addresses that were entered online with the addresses that were originally selected for the random sample. If the address from a survey completed online did not match one of the addresses selected for the sample, the online survey was not counted. The goal was to obtain completed surveys from at least 400 residents. The goal was exceeded with a total of 505 residents completing the survey. The overall results for the sample of 505 households have a precision of at least +/-4.34% at the 95% level of confidence. Parks and Recreation Needs Assessment Survey City of Billings Billings, Montana 2019 ETC Institute administered a Parks and Recreation Survey for the City of Billings in the winter of 2019. The City is beginning to create its South Billings Recreation Center Concept Development Plan and data collected from the survey will be used to objectively assess leisure and recreation needs in the community. The survey and its results will guide the City of Billings in establishing priorities for the future improvement 206 59 Ethical Data Governance and EquitySocial justice and equity are embedded in the primary goals of this project. The Trust for Public Land bought the property in 2012 with intentions of creating the Story Mill Community Park and returning modest homes to the former Bridger View Mobile Home Park whose residents were displaced back in 2007. Note that the densest part of the neighborhood and the smallest units intentionally have the best views and access to the adjacent park. Bridger View is the result of several years of collaboration with non- profits, the City of Bozeman, and an extensive design team. Groundprint focused on the site planning and entitlements. As a Planned Unit Development (PUD) and Subdivision, this innovative project pushed the boundaries of the Bozeman Unified Development Code and included 19 code relaxations. After approval, the City of Bozeman separately contracted Groundprint to explore Bozeman’s historical use of PUDs and investigate recent relaxation approvals to identify common elements and themes among the projects. The information from this report serves to create a shared understanding of Planned Unit Development uses and relaxations in Bozeman among City Commissioners, City Staff, and the public, including design professionals and developers. Future work will include policy recommendations, process changes, and possibly code amendments. Bridger View TPL, HRDC & Headwaters Community Housing Trust Bozeman, Montana 2021 GroundPrint Bridger View resourcefully addresses a gap at the heart of Bozeman’s collective well-being — paths to homeownership for median-earning Bozeman families and community members. This mixed income neighborhood provides permanent ownership opportunities for middle-income residents. It is a compact development of 62 sustainably-built homes with shared open spaces, a common house, and connected pedestrian pathways. Credit: Ben Lloyd 207 60Engaging Data VisualizationXX Engaging Data Visualization We believe deeply in community engagement as a necessary and creative driver in managing urban change. To that end, creating engaging, accessible and clear graphics are central to our practice philosophy and core skills. Processing complex data and understanding the sometimes nuanced implications of mapping choices may be second nature to planning experts, but can often befuddle even the sharpest community member. Layer onto that challenge a whole host of traditional barriers - language, culture, economy, time - and you have a lot of space for potential missed connections! Our planning approach includes a few key steps to address these challenges. First, we begin each project by establishing a unifying visual identity and brand for the process including colors, fonts, infographics. This branding is completely custom, taking inspiration from the natural and cultural context of the place as well incorporating key process messaging. It is shared team-wide and used by all members creating graphics and visuals, giving the process a unifying look. Further, we treat each design presentation as a story unto itself. We storyboard each presentation early - sharing multiple drafts with the planning and client teams - to make sure everyone is clear on the story and to guide custom graphics that clearly articulate and reinforce key findings and ideas. Lastly, we utilize the full range of design, technical and data visualization tools - from expert GIS analysis to 3D modeling to traditional graphic design skills - in the delivery of materials. We offer a few examples in this chapter. 208 61 Engaging Data VisualizationMenagerie of the Imaginary Story Mill Park Creating a visual identity for this master plan that captures the unqiue and diverse qualities of Bozeman Right now we’re thinking about... Making one-page summaries of key information, like Groundprint did with affordable housing, to honor busy lives! The value of digital communication for making spatial data part of a community conversation, particularly as a result of the pandemic 209 62Engaging Data VisualizationWhen asked to imagine Downtown’s future, the Bozeman community delivered. Over six months, residents helped to assemble a vision by sharing thousands of ideas via activities at public meetings, dreams scribbled on coasters, Instagram likes, thoughtful emails, and passionate discussions. As a growing city, Bozeman needed to envision improved public amenities and parks in its beloved downtown. Together, the community envisioned: Looking forward, Downtown Bozeman will remain the heart of a thriving city, but will also emphasize connections to other corners of the community. A vibrant pattern of walkable and accessible streets is now more essential than ever, so the experience of Downtown will expand beyond the identifiable historic core to encompass more than Main Street. While Downtown changes, new investments will be targeted to make sure that improvements are designed to be welcoming to everyone. Finally, Downtown’s identity will always celebrate what is special about Bozeman and remain forever connected to nature and culture. The Plan included near and long-term recommendations for transformative capital improvement projects, policy and code revisions. Key elements include: • Understanding of future market demand across housing, office and retail. • Urban design potential for transformation of key downtown sites. • Public realm improvements to activate downtown parks, streets, and alleys. • Expanded bike facilities throughout downtown. • Policies to reinforce, retail and expand local retail establishments, to better align parking with future demand and technologies, and to create more accessible, inclusive housing options. Downtown Bozeman Improvement Plan Bozeman, Montana Downtown Bozeman Partnership 2019 210 63 Engaging Data VisualizationRelevance to Bozeman’s Plan PLAN ELEMENTS Reflects the community’s priorities Includes professional assessment and recommendations Policies that support environmental and mobility goals Guides development proposals Recommends policy updates Addresses community-driven service imbalances Prioritizes acquisition, development and maintenance Guides the Department’s program development Provides implementation recommendations Like Bozeman’s parks, trails, recreation and open space system, the City’s Downtown is unique and beloved. The Downtown Improvement Plan’s visualizations needed to communicate that the Plan understood Downtown’s value with care and consistency. The graphics supported positive community engagement by making the findings and ideas clear, and tying community engagement directly to the recommendations. This meant that conversations could quickly focus on ideas, elicit constructive feedback and dialogue. x x x x x x 211 64Engaging Data VisualizationThe White River, a major tributary of the Wabash River, flows through Indianapolis, Noblesville, Fishers, and other surrounding communities as it meanders from east to west across Indiana. In recent years, the region around the state capital has experienced a renaissance. Development in local downtowns and other districts is accelerating, arts and cultural institutions are expanding their visions, and investments in parks and open spaces have contributed to a flourishing public realm and quality of life. The White River is the next frontier. Long invisible, the river is awakening from a period of underutilization and ecological degradation. Agency was engaged by a multi-county partnership to lead an interdisciplinary team to examine the complex and interconnected issues of human activity and ecological systems along the White River corridor. The project process included a deep analysis of the area’s existing conditions, studies of the region’s cultural and natural history, ecology and hydrology, development potential, governance, activation opportunities, and open space system. Using this investigation as a foundation, the team developed a comprehensive and transformative vision for the region including a roadmap for implementing the plan recommendations. Engagement of key stakeholders, technical experts and public constituents occurred throughout the process to both inform the plan recommendations and build allies for the plan as it moves into implementation. Building upon 12 months of research, discovery and development by our robust team of experts, both local and national, the White River Vision Plan culminates in a document that identifies and envisions enhancements for 58 miles of the White River. The White River Vision Plan The City of Indianapolis, Hamilton County Tourism and Visit Indy Hamilton and Marion Counties, Indiana 2020 Select Awards BSLA Merit Award in Analysis and Planning. 2020 Agency 212 65 Engaging Data Visualization1800 0 20 60 40 80 100 120 1820 19201840 19401860 19601880 19801900 2000 2020 2040 2060 Subsistence Fishing by Miami + Early Settlers Massive Land Clearing EXTENSIVE + DIVERSEFISH + MUSSEL COMMUNITY FEW FISH OR MUSSELSIN THE RIVER FISH + MUSSELCOMMUNITY RECOVERS Urban Growth Button Industry Fish + Game Laws Cultured Pearl Industry Clean Water Act Dam Retrofits CSOs Eliminated Fish Mussels Severe Pollution Asiatic Clam Climate Change Ecological Agriculture Mussels Protected YEAR# OF SPECIESDams The Rise and Fall of the White River Ecosystem 213 66Engaging Data VisualizationThe City of Bozeman Neighborhoods Program asked GroundPrint to review and analyze peer cities’ public engagement structure and methods. The following cities were selected based on similar demographic trends and characteristics such as the presence of a university, an emphasis on outdoor recreation and the technology and service industries: 1. Bend, Oregon 2. Corvallis, Oregon 3. Flagstaff, Arizona 4. Fort Collins, Colorado 5. Vancouver, Washington First, the selected cities were each contacted and asked to fill out an online survey. The consultants then analyzed the results of the survey, further researched each City and then conducted follow up interviews where necessary. This information was compiled into two infographic summary pages per City - a “City Snapshot” and an analysis of “Strengths, Weaknesses, Opportunities and Threats (SWOT).” Several themes emerged related to organizational structure, engagement tools, inclusion goals/strategies and the need for metrics. The report summarizes those themes and includes a “Spotlight” story about a City that exemplifies each theme. In some cases, the Spotlight is about one of the five comparison cities; however, other cities (Boise, Idaho and Taos, New Mexico) were also included in the Spotlight features to show advancement in the identified theme. The report was used as a reference during the development of the City’s Engagement Plan and Policy. City Engagement Report City of Bozeman Bozeman, Montana 2020 GroundPrint Q9: Does your City track demographic information? 214 67 Engaging Data VisualizationIn 2020 Sanderson Stewart participated in the Institute of Transportation Engineers (ITE) Micromobility Sandbox Design Competition to demonstrate innovative ways to accommodate new transportation modes such as scooter and bike share as applied to two very different locations – a small city main street (Bozeman, MT) and a high- volume tourist destination (Las Vegas, NV). This design challenge presented the opportunity to evaluate corridor features and offer designs that can be adaptable in a variety of settings. Developing infrastructure to support micromobility will ease the mode conflicts and improve safety for all users. This design competition created an opportunity to explore and develop these infrastructure design solutions for corridors of all sizes and contexts. Our Complete Design approach means that we integrate viewpoints of experts from many different fields into the planning and design process. Because, together, we design better. For this project, our Transportation Engineers, Urban Planners, Landscape Architects and Graphic Designers worked with bicycle and scooter providers to come up with holistic, safe, and resilient solutions. How does micromobility support resilient neighborhoods? By providing low cost, accessible transportation for a wide variety of users. While we know that the pandemic will end and social distancing will subside, the need for resiliency in our communities will remain. Ensuring that our built environment supports a wide variety of transportation options will enable communities to endure and support residents through economic changes, disasters, and other significant events well into the future. Micromobility Sandbox Design Competition Institute of Transportation Engineers Bozeman, Montana and Las Vegas, Nevada 2020 Sanderson Stewart 215 68 Meck Playbook, Mecklenburg County, NC 216 69 SCOPE OF PROPOSAL 217 70 In order to meet the City of Bozeman’s vision for the Master Plan for the Parks, Recreation, and Active Transportation Plan we propose a three phase process over the course of twelve to sixteen months, depending on other city timelines and approvals. The following scope of work includes all tasks and sub-tasks listed in the RFP, organized into phases of work. Phase 0: Project Management and Engagement (RFP Task I) This phase, which describes our roles and responsibilities as the project managers, will begin at the project outset and continue throughout the duration of the project. Early Alignment At the start of the project, we will work with the City to clearly define roles and responsibilities of the Agency team, including all subconsultants, as well as the City team. During this initial conversation, we will also work with the City Team to refine the project approach, work plan, and schedule. We will establish a schedule of regular check-in calls to discuss project status, interim products, and receive guidance and direction from the City. We anticipate providing written progress reports monthly with interim, abbreviated updates provided as needed. Progress reports will summarize the work complete to date, upcoming tasks, and progress on deliverables. Should an issue or delay arise, Agency will move quickly to identify and implement a solution in collaboration with the City. Integration Our team understands the great opportunity for this plan to build upon past – and ongoing - planning efforts, and we commend the city for the high standard they have set for alignment across these initiatives. As described in the next task, we will begin the project with a deep dive into all relevant planning efforts, with an emphasis on opportunities for synergy and SCOPE OF PROPOSAL an eye toward implementation. Agency will develop a matrix, or similar visual framework, to illustrate these opportunities for cross pollination, and will regularly monitor our progress against these benchmarks. Communication As the prime consultant, Agency will perform all aspects of communication with the City project manager and consultant team. Senior urban planner Rhiannon Sinclair will serve as the project manager and primary point of contact for the duration of the project - a role that she frequently performs on parks and recreation master planning projects. At the project outset, we will work with the Prime and the City to develop a detailed project schedule and list of deliverables. We will regularly update the Prime and the City on the project’s progress relative to these plans through weekly or bi-weekly conference calls and, in the event of a delay for any reason, we will immediately develop a strategy for staying on schedule. As COVID-19 precautions and regulations are in the process of being lifted, we will discuss the timing of site visits with the City project manager. Social distancing protocols will be followed on all site visits. We often begin a system plan with a highlights tour for the City and Agency Teams to complete together, or report on and share back, in a socially distanced way. We find it helpful to see sites together to surface issues and day-to-day challenges. Public Engagement In collaboration with the city’s public engagement team, the Community Engagement Steering Committee, and in alignment with Bozeman’s recent Community Engagement Framework, the Agency team will lead the public engagement effort for this project. Agency will design, review, and implement all public engagement activities and project meetings. Our team will help to compose public-facing communications and will be responsible for generating all supporting visual materials. 218 71 For all public workshops, our team will develop meeting materials, including presentation materials/ boards and interactive feedback materials. We can also create a meeting invitation in digital and print formats suitable for emailing, posting on social media, or pinning up around the community. We will provide the invitation to the City for distribution. The meeting formats (online or in person) will be determined together with the Client. Our team has many best practices to draw on for online meetings during COVID. We have found that it offers the chance to hold meetings at multiple times of day and on different days of the week to reach more people. We also believe in creating a high level of interactivity and can test various formats with the client team to determine the best mix. The public workshops will be complemented by follow-up tools such as online or other surveys, or materials at local events that capture audiences who were not able to participate in the sessions. Engagement Plan Community engagement is essential for an actionable plan. A successful engagement framework will create meaningful dialogue, facilitate decisions, and build enthusiasm. The Agency Team will work with the City to shape a tailored participation plan that encourages participation from all constituents, even amidst the challenges of this time for traditional gatherings. The public participation plan will include roles and responsibilities for the client team and the Agency Team, advertising schedules and major milestones, an approach to hard-to-reach populations, and measures of success. The plan will address online coordination with social media and in-person methods, as appropriate. It will also consider the impacts of ethnicity, culture, and socio-economic status on engagement in the comprehensive plan process and in department programs and services. We assume we will be able to work with city resources to provide translation of materials as needed. While we plan to refine the exact methods with the City team, we expect that a successful strategy for the comprehensive plan will include the following items: Online Engagement Project Web Content: We will provide regular content updates to the City to update and share in a transparent way with the community on the City’s existing wesbite. Social Media: We will create visual graphics and imagery, custom to online needs, for the City to promote the plan, promote public events, and gather reactions to early ideas on existing social media platforms. The Team recommends building off existing platforms to take advantage of existing audiences on Facebook, Instagram, Twitter, Next Door or other venues. Statistically valid survey: See the Needs Assessment scope for detail on the statisically valid survey. 219 72 Online Conversation: Working with the City’s Bang the Table platform, we will craft conversations and share content at milestone moments and in between. Community Workshops At key project milestones, community workshops will be marketed broadly to the public and held in various locations across the county. Three milestones are anticipated in the schedule, with each milestone including workshops at different times of day to align with the busy schedules of the city’s constituents. The Agency Team will work with the City to identify whether the workshops will be held in-person or virtually, dependent on the timing of meetings and the status of the Coronavirus pandemic. In past projects, we have also creatively combined a milestone meeting with an event in a park to meet people where they are. At the end of each engagement milestone, synthesize the community engagement results and present them in an easily digestible and clear format that can be shared on multiple digital platforms, both internally and with the broader community. Engagement Toolkit/Drop in at local events In between the major milestones, the Team will tailor content to be shared more informally at popular community destinations into an engagement toolkit. Working with the Client Team early in the process, we will determine the best events to participate in / destinations to visit and pace them throughout the full process. The engagement “toolkit” can also be used by staff, neighborhood groups, by the Community Engagement Steering Committee or others to broaden engagement. Staff and Stakeholder Engagement Staff engagement is essential to the success and implementation of the plan. We will create opportunities for staff engagement during the process. At the beginning of the process, we recommend a series of topical focus groups to learn about the system through the eyes of staff, partners, and leaders. These may include roles such as administration and finance, maintenance and operations, recreation programming, capital planning and development, and community engagement. 220 73 Notes on COVID-19 Era Engagement For a team who believes that inclusive engagement is essential, 2020 and 2021 have been challenging. But, we also believe that, for too long, community engagement has relied on methodologies which have inherent biases and do not result in representative participation. We have embraced this moment as an opportunity to challenge ourselves to learn and do better. Since moving to much more online or hybrid engagement we have been able to: • Host a virtual open house for the Triangle Trails Plan in Gallatin County, where residents recorded 1,500 web page visits and 500 comments in 10 days. • Use an online survey for a plan in Boston, MA to gather 6,000 responses that are racially and geographically representative of the project’s diverse community. • Double participation in public meetings for a County plan in Charlotte, NC from in person to going online by offering more times and broadening promotions. • Create open dialogues in online community and stakeholder sessions by creating platforms for smaller group discussions. • Invite community leaders in Albina, a neighborhood in Portland, Oregon, to support facilitation of online presentations and discussions. This strategy helped to build trust quickly, add energy to online platforms, and create space for authentic, sensitive discussions. Given the challenges of face-to-face engagement due to coronavirus restrictions and unknowns, Agency has been working to develop ways to build trust and open dialogue through alternative methods, both digital and “old-fashioned.” We also understand that, even today, the digital divide is real and analog outreach is needed as well. We have had success with postcard and flier campaigns or physical signs in public spaces to promote and offer ways to engage with planning efforts at this time. Franklin Park Action Plan Website Mecklenburg Playbook Website 221 74 Phase 1: Analysis and Assessment A data-driven process is fundamental to our work. During this phase that we will assemble the information that will ground our team in the existing conditions of Bozeman and establish the foundation for the recommendations to follow. As described below, our work will include a comprehensive review of Bozeman’s policies and plans, an assessment of community needs, and a deep inventory of the City’s facilities, programs and services, their level of service, and the marketing strategy for the department. Data and Past Plan Review (RFP Task A) We will issue a comprehensive data request at the project outset. While all the requested information may not be available, this is an important first step to clarify any gaps in information that our team should prioritize closing. The request will include past and ongoing planning efforts, transportation infrastructure, natural resources mapping, historic resources, and key contacts for engagement and outreach. The request will also include reservation and visitation numbers from parks and other facilities, recreation calendars, a list of partnerships, and participation rates. Past Plans and Policies With the above data is in hand, our team will work to understand existing plans related to Bozeman’s open space system, parks and recreation facilities, and active transportation network. This review will also include related projects or initiatives, such as transportation improvements, complete street projects, sustainability efforts, neighborhood planning, future development, and regional initiatives. We will review marketing materials/website, surveys, customer satisfaction results, organization structure, and other items to gain understanding of department operations and marketing. Needs Assessment (RFP Task C) This task focuses on quantifying the park and recreational needs of the Bozeman community today and in the future. The process will utilize a statistically valid survey (described below) to understand the preferences and aspirations among constituents. These will then be compared against existing amenities to identify where gaps exist - either in current conditions or regarding anticipated future needs. Statistically Valid Survey A statistically valid survey will be administered by ETC to provide information about use, demand for and perception of parks, recreation, and active transportation facilities. We will determine the exact level of validity with the City but recommend at minimum 100 returned surveys be achieved. Access and Inclusion As part of the needs assessment, Agency and Berry Dunn will conduct a review of all current Parks and Recreation programs and services, identifying any barriers to accessibility or lack of inclusiveness. Where needed, the team will make recommendations for strategic improvements to address these gaps and create a more inclusive system. SCOPE OF PROPOSAL 222 75 Recreation Program Assessment (RFP Task C+D) A Recreation Program Assessment will be provided as an element of our planning process. In support of the Department’s efforts in continuing to develop high quality programs, the recreation assessment will provide best practice approaches to recreation program development and will provide data driven recommendations for future positioning of programs. The team will collaborate with staff to determine the areas of analysis that will provide the greatest value to the City of Bozeman. The process will begin with a collaborative meeting with staff to brainstorm strengths, weaknesses, opportunities, and threats to programming. We will also facilitate focus groups with other providers of recreation services to determine partnership opportunities. Elements of the analysis can include: • Review of programs and services offered during the last year, analyzed according to core program areas, age segment analysis, connection to community need, and program lifecycles • Connecting program offerings with public process results • Review of similar providers to identify opportunities for partnerships and minimizing duplication of services with other providers. A matrix of offerings by agencies will be developed • Investigation and alignment of program and event offerings with program spaces at Beall Park Recreation Center, the Lindley Center, Story Mill Community Center and others • Analysis of user fees • Review of best practice approaches including measurement of performance, program development processes, and creating agility in the program mix to incorporate recreation trends Level of Service (RFP Task D) The team will use a customized method to determine Level of Service standards. We will use the NRPA Park Metrics database as a starting point (this provides a national comparison with other communities of relative size with comparable characteristics). Then, we will augment the NRPA information with additional data including demographic data, national trends research, community feedback, and staff input. We will do this with feedback from the City about integration of other local similar providers, including jurisdictions so that metrics are never examined in a vacuum. During this step, we will compare Bozeman’s provision of open spaces and amenities to other relevant, peer or aspirational systems around the country, based on factors like total open space, types of services, community features, and amenities. We will draw from available national data sources, such as the Trust for Public Land, NRPA Park Metrics or our team’s own resources. This will tailor standard metrics to the City’s unique positioning. 223 76 Equity and Geographic Distribution/Access A Proximity Analysis will be used to determine the location of parks and other amenities in the City in relation to the population and will assist in determining areas in which the population has greater or lesser access to City resources and amenities. Catchment areas, such as walking, biking, or transit distances, will be defined for the parks and facilities within the system. From this analysis, gaps in access will be determined. We will map and analyze parks/recreation provision related to under resourced or priority areas, using census data or the Social Vulnerability Index. The purpose will be to understand equitable access across the City. Marketing Review (RFP Task E) As one of Montana’s largest Park and Recreation systems, Bozeman Park and Recreation serves a community of almost 50,000 residents and the surrounding communities. The area has experienced sustained growth since the mid-1800s. Amid this evolution, the City of Bozeman has consistently maintained its commitment to deliver services that have surpassed the expectations of the community. Creating a vision and identity through effective and creative branding efforts is crucial as a unifier of access for the community. To do this, we will help to identify the need for envisioning a new brand through a current brand assessment, potential evolution of the visual identity, and a marketing and communication strategy to externalize it. Creating a marketing plan is crucial in messaging Bozeman’s unique value to the community, staff, and partners, encouraging participation throughout the region. Phase 2: Vision In this phase, the team will pivot from research and analysis and move toward ideation and consensus building. We will begin by working with the City to establish guiding principles based on the research and community engagement to-date. From there we will facilitate visioning exercise with the City to explore potential frameworks for recommended improvements. These early visioning steps will create a North Star to guide our team as we embark on a comprehensive process to develop, vet, and refine system-wide concepts. Our recommendations will be rooted in the lessons learned from the community need and level of service analyses - with targeted strategies to close gaps in service and meet unmet needs. Guiding Principles Based on community, stakeholder, and City feedback in Phase 1, we will develop draft Guiding Principles. These principles will be the foundation of goals and strategies developed in this and the following phases of work. We will review the initial language with the City, take comments, and revise the statements as needed. Visioning Workshop Early in this phase, we will hold a visioning workshop with the city and key stakeholders. At this meeting, we will review findings from the needs and level-of-service analysis, and look ahead to future opportunities, including review of guiding principles and system-wide ideas and concepts (below). System-wide Ideas & Concepts The Agency team will develop opportunities for enhancements to the system, to programming and operations to address any identified gaps, meet future needs, meet community goals, and increase the environmental, social, and economic benefits of the system. Strategies will address open space function and use, recreation and sports, connectivity SCOPE OF PROPOSAL 224 77 and access, green infrastructure, and resilience. Early opportunities will be reviewed with the City Team before they are developed into goals, strategies, and draft recommendations. Ideas could explore, for example: • Renovation and maintenance of existing sites • Land acquisition • Development of new sites • Partnerships and new programming Design Manual (RFP Task G) Design standards help to create a legible and consistent park system by unifying elements such as park location, circulation, thresholds, building materials, lighting, and furnishings. These standards also serve to simplify maintenance efforts; crews know which tools and parts to keep in stock/on-hand. Similarly, establishing best practices for maintenance procedures - such as mowing, irrigation and invasive species management - can unify the aesthetic quality of Parks and Recreation facilities and streamline their maintenance. The Agency Team will work with City O&M staff in the development of the design manual, to ensure their collective experience informs. Additionally, early buy-in from staff and their overall comfort with new standards, are key to successful implementation. Using recommendations from the NRPA and other industry leaders, the Agency Team will draft design standards and management best practices for review by the City team. Following initial review, the Agency Team will facilitate a review of the draft with City O&M staff. With their feedback, we will refine an approach that balances City goals related to sustainability, durability, and aesthetics with the realities of staff availability and expertise. Where necessary, we will make recommendations about additional training that may be required to adopt certain new practices. In alignment with the existing plan and policies (Strategic Plan, Climate Plan, Water Conservation Division recommendations), the team will make recommendations across all design standards and management practices to improve the ecological function, resilience and sustainability of the park system and the broader Bozeman environment. These will be rooted in industry best practices as well as emergent technologies and practices that may be worth piloting soon. Parks classification Beginning with NRPA standard classifications, which are based on scale and use, the Agency Team will develop a draft classification system for the city. We will facilitate a session with the city to review the draft. Depending on the feedback received, this step may conclude the task. However, in collaboration with 225 78 the City we may explore other approaches. In some cases, this involves creating separate classifications to distinguish active from passive recreation spaces; or conservation from development; or linear spaces (greenways) from discrete parks. Ultimately the classification system needs to codify the appropriate design, management and use parameters for each space. It should also, ideally, be an outward facing nomenclature that helps the public conceptualize the park system. Active Transportation Plan (RFP Task H) Sanderson Stewart and Alta Planning will lead the development of the Active Transportation Plan (ATP). Our approach will focus on creating an ambitious but realistic plan to dramatically increase the accessibility, connectivity, and safety of Bozeman’s active transportation network. The overarching goal of the active transportation plan will be to advance the mobility and sustainability priorities established by Bozeman’s Strategic Plan, Community Plan, and Climate Action Plan. Our strategy will be to propose standardizing trail and path specifications, identifying prioritized expansion of the network, and prescribing best practices for year-round maintenance, system- wide management, and a diverse funding strategy. Informed and inspired by specific public input gathered during our community engagement efforts, our team will build a comprehensive active transportation plan based on six foundational elements: Vision, Network, Standards, Wayfinding, Policy, and Strategy. Vision We will begin by establishing a bold active transportation vision supported by specific goals and strategic actions. The mobility and sustainability objectives of Bozeman’s Strategic, Community, and Climate Plans - as well as the bike and pedestrian goals of Bozeman’s various neighborhood and corridor plans - will guide our discussions with the community and inform the vision and goals. Network Our first task will be to combine existing active transportation inventories from the City of Bozeman, City of Belgrade, Gallatin County, and the Gallatin Valley Land Trust into one GIS-based network map. This will clearly identify the gaps and deficiencies that need to be addressed. Next, by overlaying the multimodal recommendations from the Bozeman Transportation Master Plan and the Triangle Trails Plan, we will identify the connections needed within the existing network and future expansions. Standards We will propose industry standards and best practices for bike-ped facilities classification, design/build specifications, cooperative management, and year- round short and long-term maintenance requirements. The goal of this task will be to establish one set of unified standards and common vocabulary that will serve the purposes of both the Parks and Public Works Departments. To support establishing and implementing these standards, we will identify a variety of public and private funding sources at the local, state, regional, and national levels. Wayfinding As part of our base proposal, our team will identify best practices for the development of Bozeman’s active transportation wayfinding system. Based on national and state guidance, we will develop a memo describing typical wayfinding sign elements, sign placement scenarios, destination selection approach, technology in wayfinding, and sign programming strategies. Our team will summarize technical requirements per the AASHTO Guide for Bicycle Facilities, the FHWA’s Manual on Uniform Traffic Control Devices (MUTCD), and relevant Americans with Disabilities Act (ADA) Accessibility Guidelines. Policy We will propose new policy guidelines and regulatory revisions to remove barriers and support implementation of the Active Transportation Plan. It is paramount to acknowledge and address the nexus SCOPE OF PROPOSAL 226 79 between the community’s active transportation goals and the public policies that traditionally focus on single-occupancy vehicles as the primary mode of transportation. • Revisions of the Unified Development Code to encourage private development to support active transportation by employees and residents. • Establishing policy guidelines that adjust the priorities of Bozeman’s road projects to include active transportation considerations. • Integration of active transportation facilities as high-priority Capital Improvement Plan projects. Strategy Out team will frame the rationale and corresponding criteria to guide the decision-making process to prioritize the improvements recommended in the Active Transportation Plan. This task will focus on a prioritization strategy that City staff can utilize when engaging the public, consulting Citizen Advisory Boards, and making recommendations to the City Commission. We will propose a systematic approach to consistently determine prioritization based on a matrix of criteria. The criteria will be weighted based on the degree to which to projects and programs meet the objectives of not only the Active Transportation Plan but also Bozeman Strategic, Community, and Climate Plans. Marketing Strategy and Pricing Plan (RFP Tasks E+F) Our team will advise on the development of a digital marketing strategy that is unique and resonates with the community and staff stakeholders to help drive engagement. Our approach will be agile and adaptive to the data that is gathered throughout the stakeholder engagement phase, working with staff to develop a plan that adjusts to the dynamics of the process. Program and Facility Pricing Plan for Cost Recovery As the Department seeks to efficiently manage limited resources and effectively respond to increased service demands, a fee study is a way to understand the total cost of services, as well as identify potential fee deficiencies. This important undertaking will help the Department better understand its true costs of providing services and serve as a basis for making informed policy decisions regarding the most appropriate fees, if any, to collect from individuals and organizations. Our team has in-depth experience conducting cost analyses and fee studies for local government departments, including parks and recreation departments. Our analysis will look at the full cost of providing services, including direct salaries and benefits of staff, direct departmental costs, and indirect costs from central service support. Our team will determine the full cost recovery fee for the Department to provide each service; however, fees can be set at the Department’s discretion, using the cost recovery policy as a guiding force. 227 80 Provide Informational and Work Sessions for Department Staff. One of the most important elements of developing an effective and efficient cost recovery plan is the involvement of the staff throughout the process. Our team will facilitate informational workshops to prepare the staff about the stages of the cost recovery process and to create a knowledge base that spans the breadth and depth of the organization. To encourage maximum engagement from the staff and to ensure that the plan reflects to needs of the organization, our team will also conduct workshops to help guide us in the development stages of the plan. Interview staff and stakeholders. Our goal during these meetings will be to gain an understanding of all of the programs and services the Department provides. Information and insight gained from these meetings will inform our understanding and analysis of the current fee and service structure and, where necessary, provide a foundation for recommendations pertaining to adding, revising, or eliminating fee or service types. Conduct a personnel services analysis. We will identify all staff providing direct support to administer and deliver programs and services. We will work with staff to determine estimated time spent on administration, development and delivery of all programs and services the Department provides. This information will help us begin assessing the financial impact of personnel costs to deliver programs and services, which we can then incorporate into our comprehensive cost of service analysis. Review operating and capital budgets. We will review the annual operating and, if applicable, capital budgets for the Department. This task will include a review of budgeted revenues, and operating and capital expenses on a fiscal year (FY) basis. Project the total cost for providing Department programs and services. We will develop and prepare a comprehensive cost model that calculates, identifies, totals, and distributes allowable direct and indirect costs to all programs and services for FY 2021 – 2022, or other department-defined FY. The model will identify the allocation methods used for distribution to all services, on the basis of relative benefits received. In order to accurately and reasonably do so, the model will calculate and identify: • Total expenditures: Using information provided by the Bozeman, we will determine total costs, for each fund, function, object class, or any other segment applicable to Department programs and services. • Unallowable and excluded costs: Building off the analyses in the previous task, we will determine all unallowable costs, excluded costs, and any other distorting items and remove them from the model. • Direct costs: We will determine all costs that can be tied specifically to a Department program or service, and therefore may be assigned as an expense. • Indirect costs: We will determine all costs incurred for a common or joint purpose benefiting more than one program or service. We will reconcile all identified costs and expenditures from the previous analyses to selected City financial statements, working with staff to develop explanations for material variances. Recommend methodologies for calculating fees. Based on the work completed in previous tasks, we will then provide the Department with recommendations for calculating fees to offset identified costs and to meet policy objectives. Using the calculated cost recovery percentage as a starting point, we will work with the Department to identify cost recovery targets and provide consultative recommendations for how the Department may arrive at the desired targets. Phase 3: Documentation (RFP Task I) The final Phase will be dedicated to a clear process and the creation of a visually compelling, user-friendly final plan document. We will customize the format, length, and tone of the final deliverable to the City’s needs. Plan Outline and Narrative Draft The first step of the plan documentation will be developing an outline for the final document. We will SCOPE OF PROPOSAL 228 81 review the outline with the City Team and make any requested changes before moving onto the next task, developing the draft content for the master plan. With approval on the outline, the team will develop a draft master plan narrative document. A draft report will be prepared in Word format and sent electronically to the County’s project leader for internal staff review. This initial draft will include all text content along with graphics (but will not include graphic design/layout). Plan Text Revisions and Layout Draft The team will make revisions to the narrative and lay out the document in a graphic format, illustrating the ideas in a compelling way with imagery, maps, and diagrams to facilitate public reception and partnership building. The document will be shared with the public for review and comment, as well as additional stakeholders, and another opportunity for review. Final Plan Recommendations (RFP Task I) The Agency Team will incorporate the latest comments into another revised document and provide the final Master Plan in PDF format to the Client Team. We will provide two versions of the final PDF Master Plan - a high resolution version formatted for printing and a lower resolution version optimized for posting online. This document will serve as the final adopted document. Final Plan Review and Approval We will present the final version of the plan to City leadership for adoption. If other presentations are intended to occur as updates during the planning process, we will work to align them with other meetings to allow for efficiency. Appendices (Task I): • Park design and specifications manual • Neighborhood and park level of service metrics and recommendations • Critical areas map • Active transportation plan including maps • Marketing plan for recreational programming • Program and facility pricing plan for cost recovery • Funding recommendations for programs and facilities Additional Wayfinding Plan (RFP Task H) If the wayfinding alternative is fully funded ($50,000 currently proposed), we will develop a comprehensive wayfinding plan including: • Wayfinding Typologies — access elements (gateways and kiosks), navigational elements (decision, turn signs), and enhanced elements (pavement markings, mile markers) • Destination Programming—destination hierarchy, signing distance standards, programming of abbreviations, icons, and symbols. • Design Concepts—Up to two design alternatives comprised of distinct aesthetic treatments, colors, and themes with ultimate selection of a single, refined wayfinding system • Implementation—Placement plan for high- priority routes, cost estimates, and maintenance recommendations. • Integration of Bozeman’s Strategic, Community, and Climate Plans. 229 82 SCOPE OF PROPOSAL: TOOLS The team has many software and other analysis tools for collecting and analyzing data, data visualization, and reporting. Those tools include but are not limited to the following: • Data sources and mapping tools including: US Census and American Community Survey, CDC’s Social Vulnerability Index, EPA’s Environmental Justice mapper • Arc GIS and ArcCollector for on-site information gathering, large scale geospatial data review, mapping, and critical area analysis, and inventory updates • Rhino3d and SketchUp for 3d modeling, building off previous project models and more recent city digital models (if available) • Adobe InDesign and Illustrator for data visualization and presentation purposes SCOPE OF PROPOSAL: SCHEDULE Our Phase Your Task 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 0 I Project Management Early Alignment Integration Communication Public Engagement 1 Analysis and Assessment A Data and Past Plan Review C Needs Assessment C+D Recreation Program Assessment D Level of Service E Marketing Review 2 Vision Guiding Principles Visioning Workshop System-wide Ideas & Concepts G Design Manual H Active Transportation Plan E+F Marketing Strategy and Pricing Plan 3 I Documentation I Final Plan Recommendations H Additional Wayfinding Plan #1 - Milestone Engagement Focus groups 230 83 • Bang the Table (or similar), Miro, and Zoom for digital collaboration with committees, the City team, and with the public. We understand that the City is obtaining a Bang the Table membership and we anticipate it will be helpful to build on a platform the community is accustomed to using. • Survey Monkey and Slido to create small, focused online surveys for community feedback and staff engagement • Rec Management and National Recreation and Parks Association (NRPA), and Trust for Public Land (TPL) databases to understand trends and draw peer comparisons • AutoDesk/CAD and Rhino3d for standards development • NAACTO resources and tools for transportation/ trails related tasks Our Phase Your Task 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 0I Project Management Early Alignment Integration Communication Public Engagement 1Analysis and Assessment AData and Past Plan Review CNeeds Assessment C+DRecreation Program Assessment DLevel of Service EMarketing Review 2Vision Guiding Principles Visioning Workshop System-wide Ideas & Concepts GDesign Manual HActive Transportation Plan E+FMarketing Strategy and Pricing Plan 3I Documentation IFinal Plan Recommendations HAdditional Wayfinding Plan #1 - Milestone Engagement #2 #3 Approvals supportFocus groups #6 Draft Recommendations Draft Plan Final Plan 231 84 White River Vision Plan, Central Indiana 232 85 BUDGET 233 86 Fee by Task and Labor Hours Agency Sanderson Stewart Berry Dunn Alta Ground- print ETC Brie Hensold Gina Ford Rhiannon Sinclair Eamonn Hutton Planner Lauren Water- ton Danielle Scharf Chris Nau- mann Earen Hummel Erik Sweet Land- scape Designer Lisa Paradis Jesse Myott Dave Foster Mack Drzayich Joe Gilpin Susan Riggs Ryan Murray Phase Task Hours Labor $200 $200 $125 $125 $85 $145 $205 $145 $145 $95 $200 $200 $174 $119 $225 $110 $150 A Project Kick-off and Data Gathering, Background Research, and Analysis $5,510 $800 $400 $1,000 $250 $2,040 $290 $0 $290 $0 $0 $0 $0 $0 $0 $0 $440 $0 Hours 48 4 2 8 2 24 2 2 4 Phase A fee by firm $4,490 $580 $0 $0 $440 $0 B Community Outreach and Public Engagement Strategy and Materials $16,280 $3,200 $1,200 $2,500 $1,000 $3,400 $580 $410 $1,160 $0 $190 $0 $0 $0 $0 $0 $2,640 $0 Hours 130 16 6 20 8 40 4 2 8 2 24 Phase B fee by firm $11,300 $2,340 $0 $0 $2,640 $0 C Needs Assessment $35,690 $4,000 $800 $3,250 $1,500 $3,740 $0 $0 $0 $0 $0 $10,400 $0 $0 $0 $0 $0 $12,000 Hours 238 20 4 26 12 44 52 80 Phase C fee by firm $13,290 $0 $10,400 $0 $0 $12,000 D Existing and Future Facilities & Staffing - Analysis for Level of Service $13,290 $4,000 $800 $3,250 $1,500 $3,740 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Hours 106 20 4 26 12 44 Phase D fee by firm $13,290 $0 $0 $0 $0 $0 E Recreation Marketing Plan $7,480 $400 $0 $1,000 $0 $680 $0 $0 $0 $0 $0 $5,400 $0 $0 $0 $0 $0 $0 Hours 45 2 8 0 8 27 Phase E fee by firm $2,080 $0 $5,400 $0 $0 $0 F Program and Facility Pricing Plan for Cost Recovery $10,440 $400 $0 $500 $0 $340 $0 $0 $0 $0 $0 $0 $9,200 $0 $0 $0 $0 $0 Hours 56 2 4 4 46 Phase F fee by firm $1,240 $0 $9,200 $0 $0 $0 G Park Design Standards and Specifications $14,000 $400 $800 $1,000 $3,000 $3,400 $0 $0 $0 $1,740 $1,140 $0 $0 $0 $0 $0 $2,520 $0 Hours 125 2 4 8 24 40 12 12 23 Phase G fee by firm $8,600 $2,880 $0 $0 $2,520 $0 H Active Transportation Plan $32,630 $400 $0 $500 $1,000 $680 $6,050 $8,200 $5,800 $0 $0 $0 $0 $0 $0 $10,000 $0 $0 Hours 188 2 4 8 8 42 40 40 44 Phase H fee by firm $2,580 $20,050 $0 $10,000 $0 $0 I Project Management General Plan Components 163 $20,680 $3,810 $1,600 $4,000 $1,500 $3,220 $870 $410 $870 $0 $0 $0 $0 $0 $0 $0 $4,400 $0 Hours 163 19 8 32 12 38 6 2 6 40 Phase I fee by firm $14,130 $2,150 $0 $0 $4,400 $0 234 87 Fee by Task and Labor HoursAgency Sanderson Stewart Berry Dunn Alta Ground- print ETC Brie HensoldGina FordRhiannon Sinclair Eamonn HuttonPlanner Lauren Water- ton Danielle Scharf Chris Nau- mann Earen Hummel Erik Sweet Land- scape Designer Lisa Paradis Jesse Myott Dave Foster Mack Drzayich Joe Gilpin Susan Riggs Ryan Murray Phase TaskHours Labor$200 $200 $125 $125 $85 $145 $205 $145 $145 $95 $200 $200 $174 $119 $225 $110 $150 AProject Kick-off and Data Gathering, Background Research, and Analysis $5,510 $800 $400 $1,000 $250 $2,040 $290 $0 $290 $0 $0 $0 $0 $0 $0 $0 $440 $0 Hours48428224 2 2 4 Phase A fee by firm$4,490 $580 $0 $0 $440 $0 BCommunity Outreach and Public Engagement Strategy and Materials $16,280$3,200 $1,200 $2,500 $1,000 $3,400 $580 $410 $1,160 $0 $190 $0 $0 $0 $0 $0 $2,640 $0 Hours13016 6208 40 4 2 8 2 24 Phase B fee by firm$11,300 $2,340 $0 $0 $2,640 $0 CNeeds Assessment$35,690 $4,000 $800$3,250$1,500 $3,740 $0 $0 $0 $0 $0 $10,400 $0 $0 $0 $0 $0 $12,000 Hours238204261244 52 80 Phase C fee by firm$13,290 $0 $10,400 $0 $0 $12,000 DExisting and Future Facilities & Staffing - Analysis for Level of Service $13,290 $4,000 $800$3,250$1,500 $3,740 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Hours106204261244 Phase D fee by firm$13,290 $0 $0 $0 $0 $0 ERecreation Marketing Plan$7,480 $400 $0 $1,000 $0 $680 $0 $0 $0 $0 $0 $5,400 $0 $0 $0 $0 $0 $0 Hours4528 0 8 27 Phase E fee by firm$2,080 $0 $5,400 $0 $0 $0 FProgram and Facility Pricing Plan for Cost Recovery $10,440$400 $0 $500 $0 $340 $0 $0 $0 $0 $0 $0 $9,200 $0 $0 $0 $0 $0 Hours56244 46 Phase F fee by firm$1,240 $0 $9,200 $0 $0 $0 GPark Design Standards and Specifications $14,000$400 $800 $1,000 $3,000 $3,400 $0 $0 $0 $1,740 $1,140 $0 $0 $0 $0 $0 $2,520 $0 Hours12524 82440 12 12 23 Phase G fee by firm$8,600 $2,880 $0 $0 $2,520 $0 HActive Transportation Plan$32,630 $400 $0 $500 $1,000 $680 $6,050 $8,200 $5,800 $0 $0 $0 $0 $0 $0 $10,000 $0 $0 Hours18824 8 8 42 40 40 44 Phase H fee by firm$2,580 $20,050 $0 $10,000 $0 $0 IProject Management General Plan Components 163$20,680$3,810 $1,600 $4,000 $1,500 $3,220 $870 $410 $870 $0 $0 $0 $0 $0 $0 $0 $4,400 $0 Hours16319 8 32 12 38 6 2 6 40 Phase I fee by firm$14,130 $2,150 $0 $0 $4,400 $0 235 88 Optional Additional Service* *Add alternative pending grant request I Project Management General Plan Components 163 $20,680 $3,810 $1,600 $4,000 $1,500 $3,220 $870 $410 $870 $0 $0 $0 $0 $0 $0 $0 $4,400 $0 Hours 163 19 8 32 12 38 6 2 6 40 Phase I fee by firm $14,130 $2,150 $0 $0 $4,400 $0 Total Fees by Consulting Team $71,000 $28,000 $25,000 $10,000 $10,000 $12,000 Total Fee by Team Member $17,410 $5,600 $17,000 $9,750 $21,240 $7,790 $9,020 $8,120 $1,740 $1,330 $15,800 $9,200 $0 $0 $10,000 $10,000 $12,000 Total Labor Fee $156,000 Expenses - Included in billing rates $0 TOTAL FEE $156,000 H Active Transportation Plan - Wayfinding design and implementation plan* 385 $50,000 $1,200 $0 $1,500 $2,280 $1,020 $0 $0 $2,610 $0 $2,390 $0 $0 $8,700 $22,700 $3,600 $4,000 $0 Hours 385 6 12 18 12 18 25 50 191 16 36 Phase H fee by firm $6,000 $5,000 $0 $35,000 $4,000 $0 Total Labor Additional Service: Task H 7 $50,000 Overall Fee Agency Sanderson Stewart Berry Dunn Alta Ground- print ETC Brie Hensold Gina Ford Rhiannon Sinclair Eamonn Hutton Planner Lauren Water- ton Danielle Scharf Chris Nau- mann Earen Hummel Erik Sweet Land- scape Designer Lisa Paradis Jesse Myott Dave Foster Mack Drzayich Joe Gilpin Susan Riggs Ryan Murray 236 89 IProject Management General Plan Components 163$20,680$3,810 $1,600 $4,000 $1,500 $3,220 $870 $410 $870 $0 $0 $0 $0 $0 $0 $0 $4,400 $0 Hours16319 8 32 12 38 6 2 6 40 Phase I fee by firm$14,130 $2,150 $0 $0 $4,400 $0 Total Fees by Consulting Team$71,000 $28,000 $25,000 $10,000 $10,000 $12,000 Total Fee by Team Member$17,410 $5,600 $17,000 $9,750 $21,240 $7,790 $9,020 $8,120 $1,740 $1,330 $15,800 $9,200 $0 $0 $10,000 $10,000 $12,000 Total Labor Fee$156,000 Expenses - Included in billing rates $0 TOTAL FEE$156,000 HActive Transportation Plan - Wayfinding design and implementation plan* 385 $50,000 $1,200 $0 $1,500 $2,280 $1,020 $0 $0 $2,610 $0 $2,390 $0 $0 $8,700 $22,700 $3,600 $4,000 $0 Hours385612 18 12 18 25 50 191 16 36 Phase H fee by firm$6,000 $5,000 $0 $35,000 $4,000 $0 Total Labor Additional Service: Task H 7$50,000 Overall Fee Agency Sanderson Stewart Berry Dunn Alta Ground- print ETC Brie HensoldGina FordRhiannon Sinclair Eamonn HuttonPlanner Lauren Water- ton Danielle Scharf Chris Nau- mann Earen Hummel Erik Sweet Land- scape Designer Lisa Paradis Jesse Myott Dave Foster Mack Drzayich Joe Gilpin Susan Riggs Ryan Murray 237 90 Greensboro Plan2Play, Greensboro, NC 238 91 REFERENCES 239 92 REFERENCES Reference Bert Lynn, PLA, ASLA, LEED AP Capital Planning Division Director Mecklenburg County Government Park and Recreation Department 5841 Brookshire Boulevard Charlotte, NC 28216 Office: (980) 314-1012 Cell: (704) 589-7491 Bert.Lynn@mecklenburgcountync.gov Reference Shawna Tillery Planning and Project Development Manager Parks and Recreation Department City of Greensboro 1001 Fourth St. Greensboro, NC 27405 (336) 373-7808 shawna-tillery@greensboro-nc.gov Reference Harriet Crittenden LaMair Executive Director High Line Canal Conservancy 915 S Pearl Street Denver, CO 80209 (720) 767-2452 harriet@highlinecanal.org AGENCY | BERRYDUNN | ETC : MECK PLAYBOOK (ONGOING) AGENCY | ETC : GREENSBORO PLAN2PLAY MASTER PLAN (2018) AGENCY : HIGH LINE CANAL FRAMEWORK AND VISION PLAN (2018) 240 93 Alta Planning + Design, Inc. Reference: Big Sky Trails Master Plan (2018) Ciara Wolfe Executive Director Big Sky Community Organization 32 Town Center Avenue, Unit B1 PO Box 161404 Big Sky, MT 59716 (406) 993-2112 ciara@bscomt.org BerryDunn Reference: Parkland Parks and Recreation Master Plan (2020) Christine Garcia Director of Parks and Recreation City of Parkland 10559 Trails End Parkland, FL 33076 954.757.4121 cgarcia@cityofparkland.org Groundprint Reference: Bridger View (2021) Tracy Menuez Associate Director, HRDC 32 S Tracy Ave Bozeman, MT 59715 406-585-4890 tmenuez@thehrdc.org ETC Reference: Billings Parks and Recreation Needs Assessment Survey (2019) Wyeth Frida, AICP Director, Planning and Community Services Dept. City of Billings and Yellowstone County 2825 3rd Avenue North, 4th Floor Billings, MT 59101 406-657-8249 Sanderson Stewart Reference: Triangle Trails Plan (2021) EJ Porth Executive Director Gallatin Valley Land Trust PO Box 7021, Bozeman, MT 59771 406.587.8404 ej@gvlt.org 241 94 Caption 242 95 AFFIRMATION OF NON- DISCRIMINATION 243 96 244 97 Page intentionally left blank 245 98 Contact Information Brie Hensold Co-Founder, Principal Planner brie@agencylp.com T +1 202 210-6857 † Brie Hensold & Gina Ford led the design and/or planning on select projects while Partners at Sasaki 246 Request for Proposals (RFP) Comprehensive Parks, Recreation, and Active Transportation Plan City of Bozeman Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 agenda@bozeman.net February 2021 247 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan TABLE OF CONTENTS i Table of Contents NOTICE .......................................................................................................................................................... ii REQUEST FOR PROPOSALS ............................................................................................................................ 1 INTRODUCTION ................................................................................................................... 1 PROJECT DESCRIPTION ........................................................................................................ 2 PROJECT LOCATION ............................................................................................................ 5 SCOPE OF WORK ................................................................................................................. 5 PROPOSAL REQUIREMENTS ................................................................................................ 5 TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS ...................................................... 8 AMENDMENTS TO SOLICITATION ....................................................................................... 8 CONTACT INFORMATION .................................................................................................... 8 SELECTION PROCEDURE ...................................................................................................... 8 SELECTION CRITERIA ........................................................................................................... 9 FORM OF AGREEMENT ....................................................................................................... 9 CITY RESERVATION OF RIGHTS / LIABILITY WAIVER ........................................................... 9 MISCELLANEOUS ............................................................................................................... 10 ATTACHMENTS .................................................................................................................. 11 ATTACHMENT 1: NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ................................................. xii ATTACHMENT 2: PROFESSIONAL SERVICES AGREEMENT ..........................................................................xiii ATTACHMENT 3: PLANNING AREA MAPS .................................................................................................. xxv ATTACHMENT 4: SCOPE OF WORK ............................................................................................................ xxx ATTACHMENT 5: SUPPLEMENTAL GRANT INFORMATION .................................................................... xxxvi 248 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan NOTICE ii NOTICE NOTICE IS HEREBY given that the City of Bozeman (City) is seeking proposals for professional services from qualified firms to update its comprehensive parks, recreation and trails plan and develop a new active transportation plan. The purpose of this plan is to create an overarching document that assesses and makes recommendations to provide for sufficient parkland, trails, and recreation/ aquatics programs and facilities for Bozeman citizens. It will also guide the expansion of these essential services as the community grows and changes. The recommendations in the plan will be based on an updated review of community needs and priorities and may result in the revision of local development code requirements, procedures, and criteria. The work will also be used to analyze and make recommendations regarding the role of the parks, recreation, and active transportation systems in fulfilling the goals of recently adopted and applicable City of Bozeman plans and guiding documents or professional, industry metrics. Lastly, the plan will make recommendations and craft supporting documents to improve the efficacy of department tasks, including master park plan review, individual park site plan review, and recreational programming, cost-recovery and marketing. The work to complete all required elements will be in conjunction with City of Bozeman professional staff and partner organizations. Consultant responsibilities are describe in the request for proposal including background research and analysis of relevant state and local laws, policies and plans; participation in the creation and implementation of a public outreach and engagement plan adaptable to changing travel and assembly guidelines due to the coronavirus disease; needs assessment and community goal, objective, and priority development; assessment of the level of service of existing parks, recreation and active transportation systems and services; implementation/policy recommendations for improving both the City’s recreational program offerings and the land-use/urban design components of the park system, including natural areas and the active transportation network. Copies of the Request for Proposals are available on the City’s website at https://www.bozeman.net/government/city-clerk/bids-rfps-rfqs. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. Deliver RFPs via email to the City Clerk by 3:00 p.m. April 16, 2021. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The email address for submission is: agenda@bozeman.net 249 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan NOTICE iii NON-DISCRIMINATION AND EQUAL PAY The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFQ on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under this RFQ and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material (see Appendix A). Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk (406) 582-2321, agenda@bozeman.net. Questions relating to the RFP should be directed to: Addi Jadin, Parks Planning and Development Manager, (406) 582-2908, ajadin@bozeman.net. DATED at Bozeman, Montana, this Wednesday, March 3, 2021. Mike Maas City Clerk City of Bozeman FOR PUBLICATION ON: Sunday, March 7 Sunday, April 4 250 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 1 of 11 REQUEST FOR PROPOSALS INTRODUCTION The City of Bozeman, with an incorporated population approaching 50,000, is one of the fastest growing micropolitan areas in the country. There are high rates of development in both infill and edge locations in the City and outside of the City limits as well, with high rates of employment growth in both. Bozeman is the home of Montana State University, is a major gateway to Yellowstone National Park, and is served by Yellowstone International Airport which has the highest annual boardings in the state. The Parks and Recreation Department manages approximately 77 parks within the City of Bozeman and 67 miles of trails. The parks and trails fall within over 200 parcels and total about 900 acres. Not all of the parkland is fully developed including about 40 acres of the Bozeman Sports Park awaiting ground cover and roughly 100 acres of lakes, ponds, streams, and wetlands. The Department also manages 4 recreational/cultural buildings, 2 aquatic facilities, pavilion reservations, 35 user groups and approximately 50 special events in parks annually. The Parks Division has 16 full-time employees, 17 short-term and 3 seasonal workers (21 FTE) and the Recreation Division has 2 full-time, 5 part-time and 7 seasonal employees (5 FTE). Another 6 full-time, 10 part-time, and 16 short-term employees (14 FTE) make up the Aquatics staff. Aquatics manages 90,000 visits annually and 20 varied activities. The Parks Division is funded through a Parks and Trails District and the Recreation and Aquatics Division is funded through the General Fund. The City of Bozeman’s current Parks, Recreation, Open Space and Trails (“PROST”) Plan was adopted December 17, 2007. As in 2007, Bozeman’s parks and recreation programs and facilities continue to be identified by residents as essential to the City’s quality of life. Because of this continued community support, two major funding priorities of the PROST Plan have been carried out over the last decade: 1. In 2012, voters approved a $15 million Trails, Open Space and Parks (TOP) bond program which has leveraged over $15 million in outside funding, increased parkland by 145 acres, and expanded 3 miles of trails so far; 2. In 2020, amidst the pandemic, Bozeman residents voted overwhelmingly in favor of passing the Parks and Trails District to solve deferred maintenance, provide a dedicated funding source for park maintenance and operations, and to establish basic standards for parks and trails maintenance across the City. And City staff are currently exploring the colocation of a new aquatics and recreation center with a library facility that, if approved, would complete a significant facility expansion long- overdue but with relevance for decades to come. The 2007 PROST Plan and its Trails Map provided excellent guidance for creating an outstanding number of trails and paths throughout the community, largely through subdivision development. Most neighborhoods are fortunate to have gravel or natural surface trails close by and the City’s paved pathway network has been expanding thanks to their prioritization 251 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 2 of 11 within the Bozeman Transportation Master Plan (TMP). The network is often fragmented, however, due to the prioritization of cars, changing development code requirements, and lack of wayfinding. Perhaps more significantly, the objectives of the PROST Plan regarding trails are not always synchronized with the TMP and implementation of the two documents is managed and funded by two different departments. The vision, mission and guiding principles in the 2007 PROST Plan are as relevant today as they were then. However, as in the national dialogue within the parks and recreation profession, the importance of racial equity, inclusion and environmental sustainability to the City of Bozeman is now well-documented in policy and planning documents. Efforts are underway within the City organization to assess and address these issues and it is expected that this update process continue the discussion as it relates to the Parks and Recreation Department and the Scope of Work. In addition to those themes, there are topics relevant to the plan update process within other recently adopted plans. The City of Bozeman’s Strategic Plan notes that active recreation is an integral part of a safe, welcoming community and that connected parks and trails are integral to the City’s high-quality urban approach to planning and a sustainable environment. The City Commission and City Management have mandated that major projects strive to meet the goals of the City’s Strategic Plan. In addition, the City has recently adopted an updated growth policy, the Bozeman Community Plan 2020 (BCP), and the Climate Action Plan which give further direction on major themes to be explored. For the purposes of this Request for Proposal (RFP), the word “parks” shall be understood to include the City’s active and passive parks, linear parks, urban pocket parks, and natural spaces including watercourses, wetlands or other scenic buffers. “Recreational programming” includes the formally organized, free or fee-based services provided by the Recreation and Aquatics Divisions or partner organizations within city parks and facilites including youth athletics and camps, adult fitness, aquatics, and other cultural programming and events. “Active Transportation” is meant to describe the use of both recreational and commuter trails. “Trail” is used broadly to mean all types of routes used for walking, running, biking or moving with personal mobility devices whether within parks, on-street, along streets or on private lots with public easements. PROJECT DESCRIPTION A.Plan Purpose and Objectives The purpose of this plan is to create an overarching document with the goal of providing for sufficient parkland, trails, and recreation programs and facilities for Bozeman citizens. The plan will guide the expansion of these essential services as the community grows and adapts to changes of demographics, climate and recreational trends. This plan is expected to update our existing framework for developing and managing the City’s parks, recreation, and active transportation systems to ensure alignment with adopted City priorities such as equity, inclusivity and environmental sustainability—along with community-identifed values identified during the outreach and engagement process. 252 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 3 of 11 The recommendations in the plan will be based on an updated review of community needs and priorities and may result in the revision of local development code requirements, procedures, and criteria established in accordance with Sections 76-3-621 and 76-2-304, Montana Code Annotated, and rules and requirements for parks in new developments located in Chapter 26 and Division 38.420, respectively, of the Bozeman Municipal Code. The work will also be used to analyze and make recommendations regarding the role of the parks, recreation, and active transportation systems in fulfilling the goals of recently adopted and applicable plans and guiding documents. Lastly, the plan will make recommendations and craft supporting documents to improve the efficacy of department tasks, including master park plan review, individual park site plan review, and recreational programming, cost-recovery and marketing. Specifically, this plan will be used to: •Clarify and communicate community priorities and needs including community understanding of key terms; •Communicate about professional assessment and recommendations and obtain feedback from the stakeholders and decision-makers; •Establish policies for parks including critical habitat and natural resources, recreation, and the active transportation system of the City; •Guide development proposals and individual park site plans by providing the basis for policies and/or regulatory requirements such as park size and siting requirements, park and facility design standards, and specifications for park features such as site furnishings, utilities, and surfacing; •Recommend updates or revisions to aforementioned regulatory requirements and policies; •Illustrate and address level of service imbalance within the system based on community-defined priorities; •Prioritize the expenditure of public funds for land acquisition, development/expansion, and maintenance of recreational lands and facilities; •Guide the Recreation Division’s program development including ongoing evaluation, cost structure, and marketing; •Provide specific recommendations for implementation. It is envisioned that the Active Transporation Plan will serve as an addendum to the Parks and Recreation Plan and the 2017 Transportation Master Plan. The document will be a significant step forward in ensuring that the visionary goals within the Bozeman Community Plan 2020 are met, particularly Theme 5 which outlines goals, objectives, and actions for “a City that prioritizes accessibility and mobility choices” and Goal DCD- 3: “Ensure multimodal connectivity within the City”. As identified in the Climate Action Plan’s engagement feedback, it is assumed that Bozeman would be able to achieve 26% of residents choosing to walk, bike, carpool, or use transit. 253 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 4 of 11 The Active Transportation Plan will be used to achieve such goals and harmonize the recreational and commuter trails systems by: •updating classifications and specifications for recreational and commuter trails; •establishing priorities for improving or expanding different trail segments; •incorporating recreational and commuter trail segements into a comprehensive active transportation network; and •guiding the funding, management, and maintenance of the active transportation network. This effort is to be coordinated with the Gallatin County Triangle Trails Plan and the work of community trail partners to envision a truly regional network of interconnected, well-marked, trails. B. Planning Process The work to complete all required elements will be in conjunction with City of Bozeman professional staff and partner organizations. Consultant responsibilities will specifically include the tasks outlined in the Scope of Work (see Section IV and Attachment 4). Firms shall commit to participating in an extensive community engagement process including internal City staff and partners in other community organizations and institutions. More details are provided in Attachment C – Task 2 and Attachment 5 which has details about a Safe Routes Partnership grant awarded to a local partner to assist in the community engagement process. The Planning process will not only collect relevant data and provide recommendations, it will also be used to educate the public about key issues of relevance. The entire process, including meetings, consultant visits, and engagement activities must be adaptable to changing travel and assembly guidelines due to the coronavirus disease. C.General The updated plan is expected to be presented in an attractive format using photographs, graphics, maps, and web-based platforms where appropriate. The City of Bozeman understands that one firm alone may not be able to complete all of the components of the analysis. With this in mind, the City will accept proposals from a collaboration of more than one firm as long as one firm is the lead and partner firms are subcontracted by the lead firm. This RFP shall not commit the City to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The City reserves the right to accept or reject all responses received as a result of this RFP if it is in the City’s best interest to do so. By offering to perform services under this RFP, all Submitters agree to be bound by the laws of the State of Montana and of the City, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. 254 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 5 of 11 Staff and committee notes on the existing plan will also be provided upon selection of a consultant team. PROJECT LOCATION The project area is the City of Bozeman, MT and its growth and planning area outside of the City’s limits as depicted in Appendix 4: Planning Area Maps and as described in the Bozeman Community Plan 2020: Bozeman’s Planning Area is generally the area of the City’s future municipal water and sewer service boundary. It includes the City of Bozeman as well as a half-mile to two-mile area around the City in the Gallatin County jurisdictional area. The Planning Area is nearly 70.8 square miles. The City’s current footprint is 20.9 square miles. Much of the area within the planning area and outside of the City has already been developed. The Planning Area boundary also overlaps with that of the nearby City of Belgrade. SCOPE OF WORK The specific work to be undertaken by the successful firm for the comprehensive master planning process is described in Attachment 4: Scope of Work, and respondents should include in their proposals how they will lead the completion of this work. The work described is considered to be the minimum required to complete this process. In their submittals, firms should propose additions or edits to this scope that lend to the best process and outcomes. Following the firm selection process, a meeting will be held with the successful firm to negotiate the final scope of work and a contract for services (Attachment 2: Professional Services Agreement), including discussion about ongoing adjustments of Covid-19 protocols. Therefore, the City of Bozeman reserves the right to make revisions to the final scope of work. PROPOSAL REQUIREMENTS Firms interested in providing the services described above are requested to submit the following information. Responses to each item should appear in the same order as in this RFP and should identify the item to which the responses applies. For co-Respondents, please include information for all firms responding. A.Title Page The title page shall include the name of the firm(s), address(es), contact(s), telephone number(s) and email address(es) to contact for information regarding the proposal. The title page must bear the signature of authorized representative of the Respondent and designates, by name, not more than two individuals authorized to sign agreements with the City on behalf of the Respondent. B.Executive Summary This section shall provide an overview of the proposal and the Respondent’s understanding of the City’s needs. The summary should also include any experience the Respondent wishes to highlight, as well as any relevant conditions or restrictions. 255 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 6 of 11 C.Firm Profile & Project Personnel Provide information about firm(s), including: 1.Location, number of employees, and ownership. 2.Describe the firm’s history. Include information on how many years the firm has worked in this topic area. Identify the firm’s annual volume of business, and speak to the firm’s current workload. 3.Describe the firm’s familiarity with the local Bozeman community, ability to understand the associated challenges existing within the community context and incorporate them into a comprehensive planning strategy for the project. 4.Brief resumes shall be provided for each key project individual (no longer than one page) and description of their availability to contribute including approximate hours per month. Any proposed subcontractors should be clearly identified and their profiles described. 5.Primary contact information for each firm including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). D.Experience If more than one firm is included in the response, specify which firm brings the relevant experience as requested in items 1-6. If all firms have relevant experience in a given item, each firm may provide a response. 1.Describe firm’s experience performing a comprehensive parks and recreation planning process similar in scope and demonstrate a working knowledge and understanding of the necessary procedures to successfully complete all aspects of this work. 2.Describe firm’s experience performing an active transportation planning process similar in scope and and demonstrate a working knowledge and understanding of the necessary procedures to successfully complete all aspects of this work. 3.Describe firm’s approach to ethical data governance, including collection, usage and storage, and proficiency ensuring the process does not inadvertently perpetuate inequities. 4.Demonstrate firm’s experience crafting engaging and visual representations of data. E.Scope of Proposal 1.Provide a detailed narrative of the services proposed if awarded the contract per the Scope of Services described in Attachment 4. Describe the methodology and framework for data collection, community engagement, data analysis, visual/geospatial data reporting, and development of equity indicators. Include assumptions used and the limitations of the analysis. 2.Describe the methods and technical tools used to reach and include community members. Touch on relevant experience conducting inclusive and accessible community engagement virtually or modified to account for COVID-19 safety precautions. 256 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 7 of 11 3.Describe the methods and timeline of communication you will use with the City’s Project Manager and other parties including anticipated site visits. 4.Provide an outline of the schedule for completing tasks. Include deliverable milestones. 5.Include a description of the software and other analysis tools to be used in data collection, analysis, data visualization and reporting. 6.Identify what portion of work, if any, may be subcontracted. F.Budget The secured budget for this proposal is $156,000. The City has an additional $8,000 for direct costs to the project and a local partner has received a grant to support public engagement activities using the Safe Routes to Parks Action Framework (see Attachment 5 for more information). Along with a local partner, the Gallatin Valley Land Trust, the City has also applied for $50,000 to support creation of a city-wide wayfinding plan. This element is described as an Add Alternative to be incorporated into the Active Transportation Plan if the award is received (see Attachment 5 for grant details). Applicants are invited to submit proposals with the tasks prioritized to aid the City in working together with the selected firm to identify and implement core tasks within the budget available for this project. In your response to this proposal, please provide the following: 1.Estimated Hours by Task: Provide estimated hours for each proposed task by job title and employee name, firm, including the time required for meetings, conference calls, etc. 2.Cost by Task: Provide the cost of each task identified in the Scope of Proposal section detailed by employee/job position and number of hours. Provide a total not to exceed figure for the Scope of Proposal. Price all additional services/deliverables separately. 3.Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. The fee schedule will be used as a basis for determining fees should additional services be necessary. A fee schedule for sub-consultants, if used, shall be included. 4.All direct costs (i.e., travel, printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. G.References Please provide name and contact information for at least three references for similar projects completed in the last three years. H.Affirmation of Nondiscrimination (see Appendix A) Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of firms. 257 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 8 of 11 TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS EVENT DATE/TIME Publication dates of RFP Sunday, March 7, 2021 Sunday, April 4, 2021 Deadline for receipt of questions 5:00 p.m. on Wednesday, March 31, 2021 Deadline for receipt of proposals No later than 3:00 p.m. April 16, 2021 Evaluation of proposals completed by April 23, 2021 Interviews and Selection of consultants completed by May 7, 2021 With the exception of the advertising dates and advertised due date, the City reserves the right to modify the above timeline. Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by 3:00 p.m. MST April 16, 2021. It is the sole responsibility of the proposing party to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. AMENDMENTS TO SOLICITATION Any interpretation or correction of this request will be published on the City’s webpage. The deadline for questions related to this document is Wednesday, March 31, 2021. CONTACT INFORMATION Any administrative questions regarding proposal procedures should be directed to: Mike Maas, City Clerk, (406) 582-2321, agenda@bozeman.net Questions relating to scope of services should be directed to: Addi Jadin, Parks Planning and Development Manager, ajadin@bozeman.net, (406) 582-2908. SELECTION PROCEDURE A review committee will evaluate all responses to the RFP that meet the submittal requirements and deadline. Submittals that do not meet the requirement or deadline will not be considered. 258 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 9 of 11 The review committee will rank the proposals and arrange remote video interviews with the finalist(s) prior to selection. The selection of finalists to be interviewed will be made by a selection committee representing the City of Bozeman and several partner organizations. The selection of interview candidates will be based on an evaluation of the written responses to the RFPs. All submitted proposals must be complete and contain the information required as stated in the "Request for Proposals.” SELECTION CRITERIA Proposals will be evaluated by a Selection Committee who will individually score them out of a total of 100 possible points based on the criteria and scoring below: Maximum Points Criteria: 30 Project team qualifications and demonstrated competencies with similar projects 25 Project approach, content and capacity (strategy and timeline to complete the project considering other workload, agility) 20 Experience creating innovative public engagement methods and responding to changing conditions 15 Understanding of community context 10 Presentation of proposal FORM OF AGREEMENT The selected firm will be required to enter into a contract with the City in substantially the same form as the professional services agreement template provided as Attachment 2. CITY RESERVATION OF RIGHTS / LIABILITY WAIVER All proposals submitted in response to this RFP become the property of the City and public records and, as such, may be subject to public review. A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE. This RFP may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFP, all Respondents who submitted will be notified using email. The City reserves the right to accept or reject any and all proposals; to add or delete items and/or quantities; to amend the RFP; to waive any minor irregularities, informalities, or failure to conform to the RFP; to extend the deadline for submitting proposals; to postpone award for 259 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 10 of 11 up to 60 days; to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards or phases are determined by the City to be in the public interest. The City of Bozeman reserves the right to reject the proposal of any person/firm who previously failed to perform properly to the satisfaction of the City of Bozeman, or complete on time agreements of similar nature, or to reject the proposal of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City of Bozeman. The City of Bozeman reserves the right to determine the best qualified Contractor and negotiate a final scope of service and cost, negotiate a contract with another Contractor if an agreement cannot be reached with the first selected Contractor, or reject all proposals. The professional services contract between the City of Bozeman and the successful Contractor will incorporate the Contractor's scope of service and work schedule as part of the agreement. This RFP does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by firms in responding to this request for proposals or request for interviews, additional data, or other information with respect to the selection process, prior to the issuance of an agreement, contract or purchase order. The Contractor, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises this RFP, all Contractors who submitted proposals will be notified using email. Projects under any contract are subject to the availability of funds. MISCELLANEOUS A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. C. Employment Restriction and Indemnity. No person who is an owner, officer, employee, contractor, or consultant of a respondent shall be an officer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a respondent, its officers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and consultants. Each Respondent shall save and 260 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan 11 of 11 hold the City harmless with respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums in any way related to each respondent’s officers, employees, contractors and consultants. D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301. E. Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an RFP not properly addressed and identified in accordance with these documents. F. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. ATTACHMENTS The following exhibits are incorporated in this RFP: ATTACHMENT 1: NON-DISCRIMINATION AFFIRMATION ATTACHMENT 2: PROFESSIONAL FEE TABLE ATTACHMENT 3: PLANNING AREA MAP ATTACHMENT 4: SCOPE OF WORK ATTACHMENT 5: SUPPLEMENTAL GRANT INFORMATION 261 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xii ATTACHMENT 1: NONDISCRIMINATION AND EQUAL PAY AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. In addition, ____________________________________(name of entity submitting) hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has read the material. ______________________________________ Name and title of person authorized to sign on behalf of submitter 262 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xiii ATTACHMENT 2: PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of ___________, 202_ ("Effective Date"), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as "City," and, , 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 _________, 202__, 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 the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of 263 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xiv Services. The City must agree in writing upon any additional charges. 5. Contractor's Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City's personnel policies handbook and may not be considered a City employee for workers' compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers' Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers' compensation coverage for all members and employees of Contractor's business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers' compensation coverage by an insurer licensed and authorized to provide workers' compensation insurance in the State of Montana; or (2) proof of exemption from workers' compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor's employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible 264 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xv location at the Contractor's normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in§ 18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in tum cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages , and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes and for any claims regarding underpaid prevailing wages. 265 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xvi 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by la w, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands , actions, fees and costs (including attorney's fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor' s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor's agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor's indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor's applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City's performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. 266 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xvii 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 la w, 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 sha11 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. 267 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xviii 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 actua11y rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City's Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor ("Notice of Termination for City's Convenience"). The termination shall be effective in the manner specified in the Notice of Termination for City' s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City's Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the 268 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xix 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 clai m, 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 _______________ or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement , such communication or submission shall be directed to the City's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City's Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor's Representative: The Contractor's Representative for the purpose of this Agreement shall be_________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor's Representative; provided, however, that in exigent circumstances when Contractor's Representative is not available, City may direct its 269 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xx direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party's address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party's Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers' compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction . The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana 270 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxi Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor's rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/ Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor's compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other 271 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxii 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. 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. 272 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxiii 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 _____________________. **** END OF AGREEMENT EXCEPT FOR SIGNATURES**** 273 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxiv IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA __________________________________ CONTRACTOR (Type Name Above) By__________________________ By _____________________________ Jeff Mihelich, City Manager Print Name: _____________________ Print Title: ______________________ APPROVED AS TO FORM: By Greg Sullivan, Bozeman City Attorney 274 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxv ATTACHMENT 3: PLANNING AREA MAPS 275 IN T E R S T A T E 9 0 H W Y S 19TH AVE COTTONWOOD RD S 3RD AVE FR O N T A G E R D DURSTON RD GOOCHHILLRDHUFFINE LN STUCKY RD BAXTER LN W SOURDOUGH RD S 11TH AVE W M A IN ST E VALLEY CENTER RD W BABCOCK ST W OAK ST DAVIS LN B R I D GER CANYONRD WCOLLEGE ST E MAINSTN ROUSE AVE B R I D GER DR SWILLSONAVEGRAF ST EKAGYBLVD GOLDENSTEIN LN FRONT A G E R D City of Bozeman Planning Area 0 2 41Miles Revised: 10/30/20 City of Bozeman Strategic Services Department ´ Growth Policy Boundary City Limits BOZEMANMT 2020 COMMUNiTY PLAN 7 City of Bozeman Current City Limits (in grey shade) and Growth Policy Boundary (in green) 276 163,0165.1 Miles This product is for informational purposes and may not have been prepared for, or be suitable for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information. Miles 40 Legend 2 Location 4 AKJ RFP 02/28/2021 Created By: Created For: Date: Current Planning Area and 2007 PROST Boundary Street Names (Major) PROST Plan Boundary Bozeman Planning Area 277 BOZEMANMT 2020 COMMUNiTY PLAN 47 This Diagram is for illustrative purposes, and is conceptual only. Regional Partners 278 BOZEMANMT 2020 COMMUNiTY PLAN 11 IN T E R S T A T E 9 0 H W Y S 19TH AVE FR O N T A G E R D COTTONWOOD RD S 3RD AVE DURSTON RD GOOCHHILLRDHUFFINE LN STUCKY RD BAXTER LN W SOURDOUGH RD S 11TH AVE WM A I N ST E VALLEY CENTER RD S P RI NGHI LLRDW BABCOCK ST W OAK ST DAVIS LN B R I D GER CANYONRD W COLLEGE ST E MAINSTN ROUSE AVE B R I D GER DR SWILLSONAVEGRAF ST EKAGYBLVD GOLDENSTEIN LN FRONT A G E R D Bozeman Community Plan 2020 Context Map 0 2 41Miles Revised: 10/30/20 City of Bozeman Strategic Services Department ´City Limits Growth Policy Boundary Conservation Easements Government & Education Agencies Parcels Up to Twenty Acres City of Bozeman Context Map dsiplaying development inside Growth Policy Boundary 279 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxx ATTACHMENT 4: SCOPE OF WORK Tasks: A. Project Kick-off and Data Gathering, Background Research, and Analysis The first step in the project will be to work with City staff to confirm roles and responsibilities and finalize the project methodology, scope of services, timeline, and the format and content of deliverables. The Project Kick-off task includes working closely with Parks and Recreation Staff and other City Departments to obtain relevant information and gain familiarity with related studies and policies, including but not limited to the current Parks, Recreation, Open Space and Trails Plan and the rules and requirements for parks in new developments located in Chapter 26 and Division 38.420, respectively, of the Bozeman Municipal Code. The selected firm will be provided with a list of relevant documents, policies and/or summaries of documents and parallel processes underway including a demographic profile. B. Community Outreach and Public Engagement Strategy and Materials This task embarks on the community outreach process, educates the community about relevant issues, and solicits community comment on how the parks, recreation and active transportation systems should be designed to meet the needs of our citizens. Firms shall commit to participating in an extensive community engagement process, in collaboration with internal City staff and partners in other community organizations and institutions, particularly those involved in the Safe Routes to Parks Activating Communities project (see Attachment 5 for project details). Firms will interact with or provide tools for community engagement team to interact with citizens, interest groups and governmental officials in creative, innovative ways to gain understanding and perspective of Bozeman’s parks, recreation and active transportation System and achieve the objectives of this plan, with an emphasis on appropriate covid-19 safety protocols. Consultants and the City will be required to be adaptable to changing travel and assembly guidelines due to the coronavirus disease. In addition to supporting or leading focus group discussions with stakeholders and panel discussions or other events, this task includes identifying and developing methods to distribute project information (website, newsletter, social media, etc.) and other creative outreach methods as proposed. Firms may also support staff and partners in preparing presentations for public meetings with local user groups, City Advisory Boards, and the City Commission as needed and providing meeting summaries. 280 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxxi C. Needs Assessment Draft, conduct and analyze a statistically valid survey(s) of Bozeman residents and other stakeholders regarding park and recreational uses and preferences. Provide analysis and report(s) in relation to present and future goals, objectives and directives. Compare existing offerings to those identified by the constituents, the themes of the Strategic Plan and other City documents, and professional recommendations. This comparison helps to determine if the agency provides a sufficiently broad range of cost-effective programs and services that constituents need/want. 1. Analyze accessibility and inclusiveness of Parks and Recreation programs and services (individual and group, all ages and abilities, all income and education levels) and develop a strategy to improve. 2. Identify program and service deficiencies in services offered (active and passive, competitive and non-competitive, seasonal offerings, etc.) and develop a strategy to address them. D. Existing and Future Facilities & Staffing – Analysis for Level of Service Compile a broad assessment of the existing parks, recreation and active transportation systems including programs provided, staffing, and facilities and their location within the City. The analysis should consider the capacity for key features within the system as well as functionality, accessibility, sustainability and other community-identified values. The analysis will also include recommendations for pursuing partnerships where appropriate to meet the community’s needs. E. Recreation Marketing Plan Identify marketing strategies for the Recreation Division to align with the goals and objectives defined in the planning process and the City of Bozeman Strategic Plan. Create social media and other communication strategies that tell the story of the division and maintain our positive reputation and adaptability. Purposes of the marketing plan include promoting services and facility availability, raising awareness about capital projects, and attracting short-term workers. F. Program and Facility Pricing Plan for Cost Recovery Provide a user fee analysis and develop a pricing plan for facilities, programs and services consistent with the City’s cost recovery objectives and future goals. G. Park Design Standards and Specifications The design and specifications will guide development proposals and individual park site plans by providing park siting recommendations, guidelines, and/or incentives, design standards, and specifications for park features such as site furnishings, utilities, and surfacing. The design manual may be accompanied by recommendations for amending the City’s Unified Development Code (Chapter 38 of Bozeman Municipal Code). 281 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxxii Consultants will specifically evaluate existing plan and policy directions on inclusion of critical habitat such as riparian areas within parkland and align with Strategic Plan, Climate Plan, Landscaping/Irrigation recommendations being developed by the Water Conservation Division, and other professional standards. This task includes review of and updates to the parks and recreation classification system, which will assist the City in evaluating the distribution of existing park and recreation facilities, where new parks and facilities should be located, and what features would be appropriate at different types of parks. In addition, the classification system can be used to communicate the types of recreation facilities desired by the community and to establish parameters for the planning and design of new parks and facilities. Identify best practices for park system management and programming in accordance with National Recreation and Park Association recommendations and published industry standards. Identify responsibilities of the City's Parks and Recreation Department relative to these best practices. H. Active Transportation Plan The City of Bozeman has an existing Trails Map that is reviewed and updated in cooperation with a community partner on a relatively regular basis; however, the trail information and map must be extended to the urban growth boundary and coordinated with the Triangle Trails Plan in progress. A trail conditions assessment is currently underway, managed by the GIS Department. The existing Trails Map is primarily recreation-influenced. Recommendations and specifications for trails as part of a transportation system fall within the Transportation Plan and the Engineering Divisions street specifications. With the creation of an Active Transportation Plan (AT Plan), the City will establish key policies, definitions and recommendations to assess and improve the system holistically. The AT Plan will address wayfinding, maintenance standards, system completion, design standards, and funding for maintenance and infill improvements. Existing trail classifications and design standards must be updated to reflect community needs and demand and to unify the definitions in Parks and Recreation planning documents with that of the Public Works Department. 1. Review existing Trails Map and City Trails Inventory, PROST and Transportation Plan definitions and specifications, Triangle Trails Plan (in progress), and relevant State trail planning documents. 2. Identify gaps in trail network and opportunities to enhance and expand the system. Identify where gaps in the trail system exist and locations where specific trail or roadway improvements are necessary based on the citizen survey, land use, location of popular facilities and travel patterns. City will provide GIS files. The selection process should be based on travel demand patterns from either commuting or recreational users based on land use and use of existing trails. 3. Prioritization Criteria. Determine criteria to prioritize recommended improvements in the proposed Active Transportation network. Identify a method of assigning a value 282 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxxiii to each criterion. The prioritization process shall be influenced by public engagement and allow flexibility to vet relevant criteria to determine which are most valued. Present information to relevant boards and the City Commission at a public meeting in order to ascertain values and priorities. Prioritization should be focused on implementation so projects can readily feed into the annual budget process and grant programs for the City. Improvements may be prioritized into groups or categories that facilitate such implementation so phases of projects can be advanced. 4. Develop Vision, Goals and Objectives specific to the Active Transportation Plan and building on already-identified concepts or priorities in other planning documents. 5. Incorporate and introduce industry concepts such as Safe Routes Partnership Framework, Complete Streets, and Walk Score. Analyze existing requirements and make recommendations for the following elements: i. Bike parking, storage and development incentives. ii. Trail cross-sections, details or specifications for all trail facilities iii. Potential funding sources and grant opportunities iv. Others identified by community or consultant. 6. Wayfinding recommendations 7. Add alternative pending grant request: Wayfinding design and implementation plan (see grant summary in Attachment 5) including but not limited to: i. Base mapping and data collection ii. Wayfinding guide and sign placement plan iii. Aesthetic design program including sign specifications iv. Themes and naming recommendations for major routes v. Specific engagement events or materials around wayfinding I. Project Management General Plan Components 1. Project Management The City requests regular progress reports and updates about the process for the website or other media. Describe the frequency with which your firm will provide progress reports, communications, and updates. 2. Plan Components In addition to the tasks outlined within the Scope of Work the following is a description of the general expectations for delivery of drafts and final plan: vi. Conduct public review and planning sessions as required. Prepare agenda and necessary exhibits and materials for meetings. Assist in the preparation of correspondence for neighborhoods, officials, user groups and stakeholders to be notified of meetings and other events or surveys. 283 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxxiv vii. Prepare draft(s) and final report and review with Staff. In addition to information previously described in tasks, it is anticipated that the result of all project work will produce the following: 1. Summary and analysis of community priorities, goals and objectives related the to the parks, recreation and active transportation system; 2. Summary of assessment of the delivery of services/park level of service based on community priorities, goals and objectives; 3. Recommendations for improvement. 4. Consultants may include separate supporting reference documents such as, but not limited to, the following: • Park design and specifications manual • Neighborhood and park level of service metrics and recommendations • Critical areas map • Active transportation plan including maps • Marketing plan for recreational programming • Program and facility pricing plan for cost recovery • Funding recommendations for programs and facilities viii. Present or assist in the presentation of draft(s) and final report to the Recreation and Parks Advisory Board and its committees for recommendation to City Commission, revise if needed. Present or assist in the presentation of draft(s) and final reports to City Commission for approval and adoption. 3. Mapping and Graphics of Analyses and Recommendations The City of Bozeman is requesting a strong graphics and mapping component for all analyses to be included in the report. Baseline GIS data is available from the City. Analyses and recommendations should always include graphic depictions and mapping whenever possible and appropriate. The selected firm will be provided with a list of preferred formats for receiving documents, maps, data and images. 4. Alignment with Existing Plans and Documents and Coordination with Parallel Processes Review and make relevant connections to the City of Bozeman Strategic Plan and City of Bozeman Guiding Documents including but not limited to the Bozeman Community Plan 2020, Transportation Plan, Climate Action Plan and Urban Forestry Plan. 284 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxxv Coordinate with parallel processes underway such as the Triangle Trails Plan, Equity Indicators and Gaps Analysis data collection process, Drought Tolerant Landscaping revisions to the Unified Development Code. Identify key points of alignment or misalignment and facilitate discussions with staff, Commissioners, and the public, as appropriate. The selected firm will be provided with a list of relevant documents, policies and/or summaries of documents and parallel processes underway. 285 Request for Proposals Comprehensive Parks, Recreation and Active Transportation Plan Attachments xxxvi ATTACHMENT 5: SUPPLEMENTAL GRANT INFORMATION Awarded: Safe Routes to Parks Activating Communities Grant Award: $12,500 Applicants: Human Resource Development Council (awardee) with Susan Riggs, Groundprint, LLC; Western Transportation Institute; City of Bozeman The main goal of our project is to increase access to parks, trails, and recreation by expanding engagement opportunities in the upcoming citywide parks plan update. A conventional public process typically favors those who have the time and resources to participate. Parallel to this trend, locally, are those who say that the City should simply require less parkland during a housing crisis; thus, unproductively pitting one community value against another. It is time to break this cycle in our City and bring new voices to the table. The Safe Routes to Parks grant will help HRDC and the City, along with other partners, demonstrate that livable, healthy communities incorporate both housing and non-automotive transportation infrastructure in a way that makes parks accessible to all residents. Applied for: Montana Tourism Grant Program Request: $50,000 Applicants: Gallatin Valley Land Trust (awardee); City of Bozeman The City of Bozeman (City) and Gallatin Valley Land Trust (GVLT) seek to plan, create and install a comprehensive wayfinding system on its 80-mile “Main Street to the Mountains” trail system. Specifically, a grant from the Montana Office of Tourism would be used to hire a consultant to professionally plan elements of wayfinding that will enhance user experiences along the trail system and encourage exploration of the parks, natural areas and commercial centers around town. A professionally designed wayfinding plan will guide design and construction of signage along existing trail routes and will help direct future trail planning efforts. Elements of wayfinding likely to be incorporated include thoughtful planning of information kiosks, directional signage and orientation maps, junction and confirmation signs, mile markers, pavement markings and gateway monuments. Wayfinding will help both residents and visitors find longer trail routes for recreation opportunities and allow for safer, easier commuting. Proper wayfinding will also increase brand awareness and identity of the “Main Street to the Mountains” trails. 286 Safe Routes to Parks Activating Communities Welcome Packet ● Last Updated 2/2/2021 3 Introduction The Safe Routes to Parks Activating Communities program is an initiative of Safe Routes Partnership funded by The JPB Foundation that provides seven communities with in-depth technical assistance and grant funding to increase safe, equitable park access. Safe Routes to Parks is a movement to make great parks safer and easier for people to access by walking, bicycling, and taking public transportation, especially in low-income communities and communities of color, where less investment has gone into the routes to and the amenities in parks. The coronavirus pandemic and the latest chapter of the civil rights movement that have characterized most of 2020 have simultaneously underscored the benefits of safe, accessible outdoor spaces and emphasized that racial equity must play a central role in Safe Routes to Parks and all active transportation advocacy. One element of a thriving, equitable community is that people can safely and conveniently access well-maintained, well- programmed parks and open spaces. Safe places to walk, bike, and connect with nature directly contribute to a community’s physical, mental, and social well-being. In 2017, the Safe Routes Partnership, in collaboration with the National Recreation and Parks Association, developed the Safe Routes to Parks Action Framework to guide advocates through the process of assessing park access, planning improvements, implementing changes, and sustaining the work. Engagement is at the center of that process. Community members, as the local experts on their neighborhoods, are essential to the process of project selection, design, and implementation. Partnering with community leaders acknowledges the wisdom and assets that communities hold and can be the first step toward rectifying past and ongoing injustices built into our communities by racist land use and capital investment policies and practices. These decisions and policies, whether they intended to marginalize people of color or did so by neglecting to engage the people affected by these decisions, have led to poor health outcomes; less access to safe, high-quality public spaces; decreased physical activity; and higher rates of traffic-related injuries and fatalities among low-income communities and communities of color. Collectively, we have the opportunity and responsibility to create conditions that enable all people to thrive, where residents can build on their communities’ strengths to address the changes they want to see, and public resources can support their vision. Over the long term, with increased safety and accessibility, Safe Routes to Parks seeks to increase park usage and improve health and wellbeing for people of all ages, races, abilities, and income levels. The goal of this document is to provide information, resources, and guidance for you to get started on your Safe Routes to Parks efforts. 287 Safe Routes to Parks Activating Communities Welcome Packet ● Last Updated 2/2/2021 4 Program Timeline The program duration is from February 3 2021 to September 30, 2021.  Monthly: o Check-in calls: Safe Routes Partnership will schedule monthly or twice- per-month calls to address questions that may have arisen, check in regarding progress developing the Action Plan, and identify specific technical assistance needs. Safe Routes Partnership is available by phone and by email between calls for additional technical assistance and guidance. o Peer learning calls: These optional group calls will cover topics that are relevant to all of the program participants. This is an opportunity to learn about what other communities in the program are working on, share expertise, and build comradery.  February 2021: Individual orientation calls to determine your technical assistance needs and develop an initial plan and timeline for project activities.  February 10, 2021: Group orientation/Framework training (virtual)  March 3, 2021: Equity training (virtual)  March – September 15, 2021: Work with Safe Routes Partnership staff to co- plan/host a workshop/training with Safe Routes Partnership staff contingent upon the coronavirus pandemic status (Safe Routes Partnership will pay travel costs).  June 30, 2021: Draft of Safe Routes to Action Plan due to Safe Routes Partnership for collaborative review and feedback (Plan does not have to be fully complete at this point)  September 30, 2021: Final Safe Routes to Parks Action Plan due to Safe Routes Partnership and early action completed  October 15, 2021: Final report due to Safe Routes Partnership 288 Safe Routes to Parks Activating Communities Welcome Packet ● Last Updated 2/2/2021 5 Grantee Deliverables As part of its commitment to the success of the program, Safe Routes Partnership will assist and monitor the activities and outcomes of your project. Grantees will be responsible for the following:  Designate a lead staff person as the point of contact for the program  Participate in the group orientation/framework training, equity training, and initial orientation call with the Safe Routes Partnership team  Participate in ongoing technical assistance engagement with a minimum of one check- in call per month with Safe Routes Partnership  Participate in evaluation of the program, including, but not limited to survey and/or interview completion with external evaluator  Collaborate with Safe Routes Partnership to plan and coordinate an in-person technical assistance visit for Safe Routes Partnership (travel expenses paid by Safe Routes Partnership) before September 15, 2021. This visit is an opportunity for Safe Routes Partnership to deliver a training, co-facilitate community engagement meetings, assist with implementation activities, and provide in-person technical assistance based on the current project needs. Please note that this will depend on the status of the coronavirus pandemic. A decision can be made based on conversations between the grantee, grantee community, and Safe Routes Partnership on whether this site visit will be replaced with an in-depth virtual alternative.  Develop a Safe Routes to Parks Action Plan (including two sustainability recommendations) with assistance from Safe Routes Partnership by no later than September 30, 2021. To keep the development of the plan on track, we request the opportunity to review a draft of the plan (does not need to be complete) by June 30th, 2021. This helps us identify opportunities to strengthen the development of your plan part-way through the program period.  Complete at least one implementation activity (“early action”) as identified in the Action Plan by September 30, 2021.  Submit a final report no later than October 15, 2021. This should include a narrative describing how grant funds were used to accomplish the Safe Routes to Parks planning process and implementation activity or activities, including the total amount expended. 289 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney SUBJECT:Ratify City Manager's Signature on a Professional Services Agreement with Pine Technologies to Provide Technical Support for Justware, the City Attorney's Office Case Management System MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Ratify City Manager's Signature on Professional Services Agreement with Pine Technologies to provide technical support for Justware, the City Attorney's Office case management system STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The City Attorney's Office uses Justware, a software developed and serviced by Journal Technologies, Inc. as its case management system. In April 2020, Journal Technologies, Inc. announced JustWare would reach its official End-of-Life date on June 30, 2021. The City Attorney’s office is in the process of selecting a new case management system, but has not yet selected a program. The City Attorney's Office may continue to use Justware after June 30, 2021, but Journal Technologies will not provide technical support. Having extensive experience and specialized expertise in Justware specifically, Pine Technologies is able to provide the technical support for JustWare until a new case management system is selected. UNRESOLVED ISSUES:None. ALTERNATIVES:Continue using Justware with no technical support FISCAL EFFECTS:$15,000.00 Attachments: Signed PSA with Pine Technologies.pdf Report compiled on: June 22, 2021 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Authorize City Manager to Sign AIA Document B121 Master Agreement, and AIA Document B221 Service Order 1, and Future Service Orders within Budget for the Design of Fire Station #2 MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign AIA Document B121 Master Agreement, and AIA Document B221 Service Order 1, and Future Service Orders within Budget for the Design of Fire Station #2 STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: The City of Bozeman’s Strategic Plan (3.1.c) states a desire to support high quality public safety programs, emergency preparedness, facilities, and leadership through the implementation of a Fire Station Location Plan. The Plan recommends relocating Fire Station #2 (410 S. 19th Ave.) to the northeast corner of 7th Ave. and Kagy Blvd. due to growth of the City. The new location will improve service for the south side of the City, while also serving as the primary response station for all of Montana State University campus and Bozeman High School. In preparation for public vote on November 2, the City will complete concept design of a new fire station to be located on a vacant area of land immediately east of the Huffman Building. Deliveries include conceptual site and floor plan development, elevations of preliminary facades, and two conceptual renderings for use in bond promotions. The design team will work with representatives of the City of Bozeman and Montana State University when developing the concept design to ensure design achieves the desired programmatic and aesthetic goals. To ensure we have sufficient oversight of the design effort throughout all phases of the project, we are recommending using an AIA Master 305 Agreement with individual Service Orders for all Architectural services. A separate contract will be required for General Contractor and Construction Manager services. We believe this framework will allow us to proceed in a timely and efficient format as the project moves forward. The Master Services Agreement (AIA B121) is the overarching contract that details the responsibilities of the owner (City) and architect (ThinkOne) for the duration of the project. Service Orders (AIA B221) will be used to detail specific work to be done as the project progresses. Service Order #1 focuses efforts on the conceptual design and preliminary geotechnical investigation. ThinkOne was selected using a competitive Request for Qualifications process following 18-8-204 MCA. These agreements have been reviewed by the Legal Department and found to be acceptable in meeting the City’s specifications and standards. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS: Service Order 1 is a stipulated sum of $25,000 for Architectural design services in addition to $15,000 for the geotechnical investigation. Funding is currently available within the Fire Department operating budget this portion of the project. Following a successful vote, the City will sell bonds in total of $6,565,000 to fund the remaining design and construction portions of the project, including one percent for art according to Ordinance No. 2056. Attachments: B121-2018 - Final - 001_06252021-.pdf B221-2018 - Final - 002_06252021.pdf ThinkOne Hourly Billing Rates 2021.pdf MMI Standard Billing Rate Schedule - 2021.pdf ACE 2021 rates.pdf TCA 2021 Fee Schedule.doc 2021_06_01 Bozeman Fire Station No. 2 - Geotech Proposal.pdf Report compiled on: July 2, 2021 306 Document B121™ – 2018 Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document does not contain a description of the Architect’s scope of Services and related terms. This document is intended to be used in conjunction with AIA Document B221™–2018, Service Order for use with Master Agreement Between Owner and Architect AGREEMENT made as of the Twentieth day of May in the year Two Thousand Twenty One (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) City of Bozeman 121 N. Rouse Ave. Bozeman, Montana 59771 and the Architect: (Name, legal status, address, and other information) Taylor Architects P.C. dba ThinkOne 101 East Main Street, Studio One Bozeman, Montana 59715 The Owner and Architect agree as follows. 307 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 2 TABLE OF ARTICLES 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES 2 SERVICE ORDERS 3 ARCHITECT’S RESPONSIBILITIES 4 ADDITIONAL SERVICES 5 OWNER’S RESPONSIBILITIES 6 COPYRIGHTS AND LICENSES 7 CLAIMS AND DISPUTES 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS 9 COMPENSATION 10 MISCELLANEOUS PROVISIONS 11 SPECIAL TERMS AND CONDITIONS 12 SCOPE OF THIS MASTER AGREEMENT ARTICLE 1 MASTER AGREEMENT TERM AND PARTY REPRESENTATIVES § 1.1 This Master Agreement shall be effective for one year after the date first written above ("Date of this Master Agreement"). § 1.2 This Master Agreement shall apply to all Service Orders agreed to by the Parties within the term of this Master Agreement until completion of the Service Order. In the event of a conflict between terms and conditions of this Master Agreement and a Service Order, the terms of the Service Order shall take precedence for the services provided pursuant to the Service Order. An agreed upon Service Order together with this Master Agreement form a Service Agreement. A Service Agreement represents the entire and integrated agreement between the parties, and supersedes prior negotiations, representations, or agreements, either written or oral. A Service Agreement may be amended or modified only by a Modification. § 1.3 This Master Agreement will renew on an annual basis, on the day and month of the Date of this Master Agreement, unless either party provides notice of their intent not to renew this Master Agreement. Notice must be provided at least 60 days prior to the renewal date. In the event either party elects not to renew this Master Agreement, the terms of this Master Agreement shall remain applicable until all Service Orders under this Master Agreement are completed or terminated. § 1.4 The Owner identifies the following representative authorized to act on the Owner’s behalf with respect to this Master Agreement: Jon Henderson, Strategic Services Director City of Bozeman 121 North Rouse Avenue Bozeman, MT 59715 (406) 582-2250 § 1.4.1 In each Service Order, the Owner will identify a representative authorized to act on the Owner’s behalf with respect to the Service Order. 308 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 3 § 1.5 The Architect identifies the following representative authorized to act on the Architect’s behalf with respect to this Master Agreement: William A. Hanson, AIA President, ThinkOne 101 East Main Street, Studio One Bozeman, Montana 59715 (406) 586-7020 § 1.5.1 In each Service Order, the Architect will identify a representative authorized to act on behalf of the Architect with respect to the Service Order. § 1.6 Nothing contained in this Master Agreement or in a Service Order shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or Architect. ARTICLE 2 SERVICE ORDERS § 2.1 The Owner is not required to issue any Service Orders under this Master Agreement. § 2.2 The Architect may decline to accept any Service Order issued by the Owner. § 2.3 The Architect shall perform the services set forth in each agreed upon Service Order, consisting of AIA Document B221-2018, Service Order, or such other document as the Owner and Architect may mutually agree upon. Each Service Order shall state the name, location, and detailed description of the Project; describe the Architect’s Services; state the Architect’s compensation; and list the attachments and exhibits incorporated by reference. ARTICLE 3 ARCHITECT’S RESPONSIBILITIES § 3.1 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the services provided pursuant to a Service Agreement. § 3.2 Except with the Owner’s knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect’s professional judgment with respect to this Master Agreement or any Service Agreement. § 3.3 The Architect shall maintain the following insurance until termination of this Master Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 9.4. The Owner shall be endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. Upon request by the Owner, the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3. The insurance requirements of the Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order, provided Architect and Owner my mutually agree in writing to different coverage limits for Architect’s consultants. .1 General Liability With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for each occurrence and Three Million Dollars ($3,000,000.00) annual aggregate for bodily injury and property damage. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. .2 Automobile Liability 309 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 4 Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage per claim. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. .3 Workers’ Compensation Workers’ Compensation at the statutory limits and Employers Liability with policy limits of not less than One Million Dollars ($1,000,000.00) per occurrence., Two Million Dollars ($2,000,000.00) annual aggregate. .4 Professional Liability With policy limits of not less than Two Million Dollars ($2,000,000.00) per claim, Two Million Dollars ($2,000,000.00) in the aggregate. § 3.4 The Architect shall coordinate its services with those services provided by the Owner and the Owner’s consultants. The Architect shall be entitled to rely on the accuracy and completeness of the services and information furnished by the Owner and the Owner’s consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission, or inconsistency in such services or information. § 3.5 The Architect shall not be responsible for an Owner’s directive or substitution made without the Architect’s approval. 3.6 The Architect shall manage the Architect’s services, research applicable design criteria, attend project meetings, communicate with members of the project team and report progress to the Owner. 3.7 As soon as practicable after the date of this Service Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. 3.8 As soon as practicable after award of the Service Agreement, the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order. The Owner may reply within 14 days to the Architect in writing stating (1) whether the Owner has reasonable objection to any such proposed consultant or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. 3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner. Architect shall notify the Owner of any proposed substitution a minimum of ten (10) days prior to a proposed change. ARTICLE 4 ADDITIONAL SERVICES § 4.1 The Architect may provide Additional Services after execution of a Service Order without invalidating the Service Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Article 4 shall entitle the Architect to compensation pursuant to Section 9.3. § 4.2 Unless otherwise provided in a Service Order, upon recognizing the need to perform the following Additional Services, as they relate to the services provided pursuant to the Service Order, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following Additional Services until the Architect receives the Owner’s written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including size, quality, complexity, the Owner’s schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the enactment or revision of codes, laws, or regulations, including changing or editing previously prepared Instruments of Service; .3 Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either (a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) 310 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 5 contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner’s consultants or contractors; .5 Preparing digital models or other design documentation for transmission to the Owner’s consultants and contractors, or to other Owner-authorized recipients; (Paragraphs deleted) .6 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; (Paragraph deleted) .7 Consultation concerning replacement of Work resulting from fire or other cause during construction. ARTICLE 5 OWNER’S RESPONSIBILITIES § 5.1 The Owner shall provide information in a timely manner regarding requirements for and limitations of each Service Order. § 5.2 The Owner shall render decisions and approve the Architect’s submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect’s services. § 5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants as designated in an individual Service Order, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. § 5.4 The Owner shall furnish all legal, insurance, and accounting services, including auditing services, that may be reasonably necessary at any time to meet the Owner’s needs and interests under a Service Agreement. § 5.5 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the services or work related to a Service Agreement, including errors, omissions or inconsistencies in the Architect’s Instruments of Service. § 5.6 Reserved ARTICLE 6 COPYRIGHTS AND LICENSES § 6.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use in relation to a Service Agreement. § 6.2 The Architect and the Architect’s consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with a Service Agreement is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect’s consultants. § 6.3 The Architect grants to the Owner an irrevocable, perpetual, fully paid, nonexclusive license to use the Architect’s Instruments of Service, provided that the Owner substantially performs its obligations to promptly pay all sums when due pursuant to Articles 8 and 9. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 10.9 § 6.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising 311 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 6 from such uses. The terms of this Section 6.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 8.4. § 6.4 Except for the licenses granted in this Article 6, no other license or right shall be deemed granted or implied under this Master Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner’s sole risk and without liability to the Architect and the Architect’s consultants. § 6.5 Except as otherwise stated in Section 6.3, the provisions of this Article 6 shall survive the termination of this Master Agreement. ARTICLE 7 CLAIMS AND DISPUTES § 7.1 General § 7.1.1 The Owner and Architect shall commence all claims and causes of action against the other and arising out of or related to any Service Agreement, whether in contract, tort, or otherwise, in accordance with the requirements of the binding dispute resolution method selected in this Master Agreement and within the period specified by applicable law, but in any case not more than 10 years after the completion of the services provided pursuant to a specific Service Agreement, whichever is sooner. Completion of the services pursuant to a specific Service Agreement shall be the date of Substantial Completion of construction related to the services performed pursuant to the Service Agreement or, where there is no construction work related to a Service Agreement, the date the Architect completes its services under the Service Agreement. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 7.1.1. § 7.1.2 Pending final resolution of any controversy, claim, or dispute arising out of the Service Agreement, except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the Owner shall continue to make payments in accordance with the Service Agreement. (Paragraph deleted) § 7.2 Mediation § 7.2.1 Any claim, dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to litigation in court of competent jurisdiction. § 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of the work of the DRB, the responsibilities of the parties, the time for completion of the DRB’s process, payment to DRB members and whether the decision or findings of the DRB will be binding or admissible in other proceedings. The parties may, by mutual agreement, submit to mediation administered by a neutral third party mediator in accordance with American Arbitration Association procedures in effect on the date the claim is made in lieu of a DRB. § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorneys’ fees, expert witnesses’ fees, costs and expenses in the mediation. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. (Paragraphs deleted) § 7.3 Arbitration § 7.3.1 Claims, disputes or other matters in controversy arising out of or related to the Service Agreement may , by mutual written agreement, be subject to arbitration. In the event the parties agree to utilize an arbitration process, it shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement. A request for arbitration shall be made in writing, delivered to the other party, and must contain all claims then known to that party on which arbitration is permitted. In 312 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 7 the event the other party is not willing to submit the matter to arbitration, the dispute shall be resolved through the judicial forum available to the parties.. § 7.3.1.1 A request for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written request for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 7.3.2 The foregoing agreement to arbitrate, and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Master Agreement, shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 7.3.3 If the parties mutually agree to arbitration, the award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 7.3.4 Consolidation or Joinder § 7.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Master Agreement with any other arbitration to which it is a party provided that (1) the arbitration agreement governing the other arbitration permits consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 7.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration. The Owner and the Architect agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution procedures provided for in this Agreement. Appropriate provisions will be included in all other contracts related to a Service Order to provide for the joinder or consolidation of such dispute resolution procedures. (Paragraph deleted) § 7.4 The provisions of this Article 7 shall survive the termination of a Service Agreement. ARTICLE 8 TERMINATION OR SUSPENSION OF SERVICE AGREEMENTS § 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement, such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or, at the Architect’s option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services.. § 8.2 If the services under a Service Agreement have been suspended by the Owner, the Architect shall be compensated for services performed prior to notice of such suspension. When the services under the Service Agreement are resumed, the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services. § 8.3 If the Owner suspends the services under a Service Agreement for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate the Service Agreement by giving not less than seven days’ written notice. § 8.4 Either party may terminate a Service Agreement upon not less than seven days’ written notice should the other party fail substantially to perform in accordance with the terms of the Service Agreement, through no fault of the party initiating the termination. Termination of a Service Agreement under this Section 8.4 shall not be deemed a termination of other Service Agreements under this Master Agreement. 313 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 8 § 8.5 The Owner may terminate a Service Agreement, upon not less than seven days’ written notice to the Architect for the Owner’s convenience and without cause. § 8.6 In the event of termination of a Service Agreement not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due. § 8.7 (Paragraphs deleted) Reserved. § 8.8 Except as otherwise expressly provided herein, a Service Agreement shall terminate one year from the date of Substantial Completion. § 8.9 The Owner’s rights to use the Architect’s Instruments of Service in the event of termination of a Service Agreement are set forth in Article 6 and Section 9.5 of this Master Agreement. ARTICLE 9 COMPENSATION § 9.1 The Owner shall compensate the Architect for the services described in a Service Order pursuant to the Service Order and as set forth in this Article 9. § 9.2 Except as otherwise set forth in a Service Order, the hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates may be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices provided Owner consents to such adjustment in writing. (If applicable, attach an exhibit of hourly billing rates or insert them below.) Employee or Category Rate ($0.00) § 9.3 Except as otherwise set forth in a Service Order, the Owner shall compensate the Architect for Additional Services designated in Article 4 as follows: As set forth in the applicable Service Order. § 9.4 Compensation for Reimbursable Expenses § 9.4.1 Unless otherwise indicated on the Service Order, Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include the actual expenses incurred by the Architect and the Architect’s consultants directly related to a Service Agreement, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Permitting and other fees required by authorities having jurisdiction over the Project; .3 Printing, reproductions, plots, and standard form documents; .4 Postage, handling, and delivery; .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; and .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect’s consultants, and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement; (Paragraph deleted) § 9.4.2 Reserved § 9.4.3 Reimbursable Expenses will be allocated to each Service Agreement. 314 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 9 § 9.5 Payments to the Architect § 9.5.1 Progress Payments § 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. (Paragraphs deleted) % § 9.5.1.2Reserved. § 9.5.1.3 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located. § 10.2 Notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to each Service Agreement. Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other. § 10.4 Reserved. § 10.5 Unless otherwise required in a Service Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.6 The Architect shall have the right to include photographic or artistic representations of the design of the Projects for which services are performed among the Architect’s promotional and professional materials. The Architect shall be given reasonable access to the completed Projects to make such representations. However, the Architect’s materials shall not include the Owner’s confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner’s promotional materials for the Projects. This Section 10.6 shall survive the termination of a Service Agreement unless the Owner terminates a Service Agreement for cause pursuant to Section 8.4. § 10.7 If the Architect or Owner receives information specifically designated as "confidential" or "business proprietary," the receiving party may disclose such information as required by law or court order, including a subpoena or other form of compulsory legal process issued by a court or governmental entity. The Party receiving such information may also disclose it to its employees, consultants or contractors in order to perform services or work solely and exclusively for the Project, provided those employees, consultants and contractors are subject to the restrictions on the disclosure and use of such information as set forth in this Section 10.7. § 10.8 The invalidity of any provision of the Agreement shall not invalidate the Agreement or its remaining provisions. If it is determined that any provision of the Agreement violates any law, or is otherwise invalid or unenforceable, then that provision shall be revised to the extent necessary to make that provision legal and enforceable. In such case the Agreement shall be construed, to the fullest extent permitted by law, to give effect to the parties’ intentions and purposes in executing the Agreement. § 10.9 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. 315 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 10 10.10 A waiver by either party any default or breach by the other party of any terms or conditions of this Master 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. (Paragraph deleted) ARTICLE 11 SPECIAL TERMS AND CONDITIONS Special terms and conditions applicable to this Master Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) 11.1 For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold Owner harmless against claims, demands, suits, damages, losses and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the Owner 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 Architect or Architect’s consultants, agents or employees. For the professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner 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 architect or Architect’s consultants, agents or employees. To the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless from any claims, demands, suits, damages, losses and expenses arising from or relating to any claim for violation of intellectual property rights, including without limitation copyright rights arising from or related to the use of any work product provided by Architect or Architect’s consultants, agents or employees. Should Owner be required to bring and action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below Owner 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 Architect was obligated to defend the claim(s) or was obligated to indemnify Owner for a claim(s) or any portion(s) thereof The obligations of this Section 11.1 shall survive termination of this Master Agreement. 11.2 In the event it becomes necessary for Owner or Architect to retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney’s gees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. 11.3. The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations and contracts. In order to satisfy City of Bozeman policy the Architect 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, aga, 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 Architect 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. The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. ARTICLE 12 SCOPE OF THIS MASTER AGREEMENT § 12.1 This Master Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Master Agreement may be amended only by written instrument signed by both the Owner and Architect. § 12.2 This Master Agreement is comprised of the following documents identified below: .1 AIA Document B121™–2018, Standard Form of Master Agreement Between Owner and Architect (Paragraphs deleted) 316 Init. / AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 11 .2 Exhibits: (Clearly identify any other exhibits incorporated into this Master Agreement.) .3 Other documents: (List other documents, if any, forming part of the Master Agreement.) This Master Agreement entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) William Hanson, President (Printed name and title)(Printed name, title, and license number, if required) 317 Additions and Deletions Report for AIA® Document B121™ – 2018 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:54:45 ET on 06/29/2021. Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 1 PAGE 1 AGREEMENT made as of the Twentieth day of May in the year Two Thousand Twenty One … City of Bozeman 121 N. Rouse Ave. Bozeman, Montana 59771 … Taylor Architects P.C. dba ThinkOne 101 East Main Street, Studio One Bozeman, Montana 59715 PAGE 2 Jon Henderson, Strategic Services Director City of Bozeman 121 North Rouse Avenue Bozeman, MT 59715 (406) 582-2250 PAGE 3 William A. Hanson, AIA President, ThinkOne 101 East Main Street, Studio One Bozeman, Montana 59715 (406) 586-7020 … § 3.3 The Architect shall maintain the following insurance until termination of this Master Agreement. If any of the requirements set forth below are in addition to the types and limits the Architect normally maintains, the Owner shall pay the Architect as set forth in Section 9.4. (Identify types and limits of insurance coverage, and other insurance requirements applicable to the Agreement, if any.)The Owner shall be endorsed as additional insured on the Architect’s primary and excess insurance policies for General Liability and Automobile Liability. The additional insured coverage shall be primary and non-contributory to any of the Owner’s insurance policies. The additional insured coverage shall apply to both ongoing operations and completed operations. Upon request by the Owner, the Architect shall provide to the Owner certificates of insurance evidencing compliance with the requirements of this Section 3.3. The insurance requirements of the Section 3.3 shall also apply in full to all consultants hired by Architect to perform any portion of a Service Order, provided Architect and Owner my mutually agree in writing to different coverage limits for Architect’s consultants. 318 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 2 … With policy limits of not less than One Million Five Hundred Thousand Dollars ($1,500,000.00) for each occurrence and Three Million Dollars ($3,000,000.00) annual aggregate for bodily injury and property damage. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. PAGE 4 Covering vehicles owned or used by the Architect with policy limits of not less than One Million Dollars ($1,000,000.00) for bodily injury and property damage per claim. The Architect may provide the required limits and coverage through a combination of primary and excess liability insurance, provided such primary and excess insurance policies result in the same or greater coverage. … Workers’ Compensation at the statutory limits and Employers Liability with policy limits of not less than One Million Dollars ($1,000,000.00) per occurrence., Two Million Dollars ($2,000,000.00) annual aggregate. … With policy limits of not less than Two Million Dollars ($2,000,000.00) per claim, Two Million Dollars ($2,000,000.00) in the aggregate. … 3.6 The Architect shall manage the Architect’s services, research applicable design criteria, attend project meetings, communicate with members of the project team and report progress to the Owner. 3.7 As soon as practicable after the date of this Service Agreement, the Architect shall submit for the Owner’s approval a schedule for the performance of the Architect’s services. 3.8 As soon as practicable after award of the Service Agreement, the Architect shall furnish in writing to the Owner the names of consultants proposed for portions of the scope of a Service Order. The Owner may reply within 14 days to the Architect in writing stating (1) whether the Owner has reasonable objection to any such proposed consultant or (2) that the Owner requires additional time for review. Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. Architect shall not contract with a proposed consultant to whom the Owner has made reasonable and timely objection. 3.9 Architect shall not substitute a consultant previously selected without written consent of the Owner. Architect shall notify the Owner of any proposed substitution a minimum of ten (10) days prior to a proposed change. PAGE 5 .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 .6 Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of entities providing bids or proposals; or .10 .7 Consultation concerning replacement of Work resulting from fire or other cause during construction. … 319 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 3 § 5.3 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect’s request, the Owner shall furnish copies of the scope of consulting services in the contracts between the Owner and the Owner’s consultants. The Owner shall furnish the services of consultants as designated in an individual Service Order, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates to the Owner’s satisfaction that they are reasonably required by the scope of the Service Order. The Owner shall require that its consultants and contractors maintain insurance, including professional liability insurance, as appropriate to the services or work provided. … § 5.6 Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of, or enforce lien rights.Reserved … § 6.3 The Architect grants to the Owner a an irrevocable, perpetual, fully paid, nonexclusive license to use the Architect’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, Service, provided that the Owner substantially performs its obligations under the Service Agreement, including prompt payment of to promptly pay all sums when due pursuant to Articles 8 and 9. The Architect shall obtain similar nonexclusive licenses from the Architect’s consultants consistent with this Master Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and suppliers, as well as the Owner’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service, subject to any protocols established pursuant to Section 10.9, solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates a Service Agreement for cause as provided in Section 8.4, the license granted in this Section 6.3, and related to the terminated Service Agreement, shall terminate.10.9 § 6.3.1 In the event the Owner uses the Instruments of Service without retaining the authors of the Instruments of Service, the Owner releases the Architect and Architect’s consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner’s use of the Instruments of Service under this Section 6.3.1. The terms of this Section 6.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 8.4. PAGE 6 § 7.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents, and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201™–2017, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents, and employees of any of them, similar waivers in favor of the other parties enumerated herein.Pending final resolution of any controversy, claim, or dispute arising out of the Service Agreement, except as otherwise agreed by the parties in writing the Architect shall proceed diligently with performance of the Service Agreement and the Owner shall continue to make payments in accordance with the Service Agreement. § 7.1.3 The Architect and Owner waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to a Service Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of a Service Agreement, except as specifically provided in Section 8.6. § 7.2.1 Any claim, dispute or other matter in question arising out of or related to a Service Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect’s services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution.litigation in court of competent jurisdiction. 320 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 4 § 7.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation, which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of this Master Agreement. A request for mediation shall be made in writing, delivered to the other party to this Master Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings.a Dispute Resolution Board established pursuant to the Dispute Resolution Board Foundation’s Practice and Procedural Manual. The parties must enter into a separate agreement establishing, among others, the scope of the work of the DRB, the responsibilities of the parties, the time for completion of the DRB’s process, payment to DRB members and whether the decision or findings of the DRB will be binding or admissible in other proceedings. The parties may, by mutual agreement, submit to mediation administered by a neutral third party mediator in accordance with American Arbitration Association procedures in effect on the date the claim is made in lieu of a DRB. § 7.2.3 The parties shall share the mediator’s fee and any filing fees equally. The parties shall bear their own attorneys’ fees, expert witnesses’ fees, costs and expenses in the mediation. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 7.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 7.2, the method of binding dispute resolution shall be the following: (Check the appropriate box.) [ ]Arbitration pursuant to Section 7.3 of this Master Agreement [ ]Litigation in a court of competent jurisdiction [ ]Other: (Specify) If the Owner and Architect do not select a method of binding dispute resolution, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction. § 7.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Master Agreement, any claim, dispute or other matter in question Claims, disputes or other matters in controversy arising out of or related to a Service Agreement subject to, but not resolved by, mediation shall be subject to arbitration, which, unless the parties mutually agree otherwise, the Service Agreement may , by mutual written agreement, be subject to arbitration. In the event the parties agree to utilize an arbitration process, it shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Master Agreement. A demand request for arbitration shall be made in writing, delivered to the other party to this Master Agreement, and filed with the person or entity administering the arbitration.to the other party, and must contain all claims then known to that party on which arbitration is permitted. In the event the other party is not willing to submit the matter to arbitration, the dispute shall be resolved through the judicial forum available to the parties.. § 7.3.1.1 A demand request for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand request for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. PAGE 7 321 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 5 § 7.3.3 The If the parties mutually agree to arbitration, the award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. … § 7.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent.arbitration. The Owner and the Architect agree that all parties necessary to resolve a claim shall be parties to the same dispute resolution procedures provided for in this Agreement. Appropriate provisions will be included in all other contracts related to a Service Order to provide for the joinder or consolidation of such dispute resolution procedures. § 7.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 7.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Master Agreement. … § 8.1 If the Owner fails to make payments to the Architect in accordance with a Service Agreement, such failure shall be considered substantial nonperformance and cause for termination of the Service Agreement or, at the Architect’s option, cause for suspension of performance of services under the Service Agreement for which the Owner failed to make payment. If the Architect elects to suspend services, the Architect shall give seven days’ written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Owner shall pay the Architect all sums due prior to suspension and any reasonable expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted.services.. § 8.2 If the services under a Service Agreement have been suspended by the Owner, the Architect shall be compensated for services performed prior to notice of such suspension. When the services under the Service Agreement are resumed, the Architect shall be compensated for reasonable expenses incurred in the interruption and resumption of the Architect’s services. The Architect’s fees for the remaining services and the time schedules shall be equitably adjusted. PAGE 8 § 8.6 In the event of termination of a Service Agreement not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, Reimbursable Expenses incurred, and all costs attributable to termination, including the costs attributable to the Architect’s termination of consultant agreements.together with Reimbursable Expenses then due. § 8.7 In addition to any amounts paid under Section 8.6, if the Owner terminates a Service Agreement for its convenience pursuant to Section 8.5, or the Architect terminates a Service Agreement pursuant to Section 8.3, the Owner shall pay to the Architect the following fees: (Set forth below the amount of any termination or licensing fee, or the method for determining any termination or licensing fee.) .1 Termination Fee: .2 Licensing Fee if the Owner intends to continue using the Architect’s Instruments of Service: 322 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 6 Reserved. … § 9.2 Except as otherwise set forth in a Service Order, the hourly billing rates for services of the Architect and the Architect’s consultants, if any, are set forth below. The rates shall may be adjusted in accordance with the Architect’s and Architect’s consultants’ normal review practices.practices provided Owner consents to such adjustment in writing. … (Insert amount of, or basis for, compensation. If necessary, list specific services to which particular methods of compensation apply.) As set forth in the applicable Service Order. … § 9.4.1 Unless otherwise indicated on the Service Order, Reimbursable Expenses are in addition to compensation for the Architect’s professional services and include the actual expenses incurred by the Architect and the Architect’s consultants directly related to a Service Agreement, as follows: … .2 Long distance services, dedicated data and communication services, teleconferences, Project web sites, and extranets; .3 Permitting and other fees required by authorities having jurisdiction over the Project; .4 .3 Printing, reproductions, plots, and standard form documents; .5 .4 Postage, handling, and delivery; .6 .5 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 .6 Renderings, physical models, mock-ups, professional photography, and presentation materials requested by the Owner or required for the Project; and .8 .7 If required by the Owner, and with the Owner’s prior written approval, the Architect’s consultant’s expense of professional liability insurance dedicated exclusively to the Project, or the expense of additional insurance coverage or limits in excess of that normally maintained by the Architect or the Architect’s consultants, and disclosed by the Architect in writing prior to execution of this Master Agreement or a related Service Agreement; .9 All taxes levied on professional services and on reimbursable expenses; .10Site office expenses; and .11 Other similar Project-related expenditures. § 9.4.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect’s consultants plus percent ( %) of the expenses incurred.Reserved PAGE 9 § 9.5.1.1 Unless otherwise agreed, payments for services provided pursuant to a Service Agreement shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect’s invoice. Amounts unpaid ( ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of monthly or annual interest agreed upon.) … § 9.5.1.2 The Owner shall not withhold amounts from the Architect’s compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work 323 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 7 unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. In any event, the Owner shall not withhold payments to the Architect pertaining to a Service Agreement to offset amounts in dispute under a separate Service Agreement. § 9.5.1.2Reserved. … § 10.1 Each Service Agreement shall be governed by the law of the place where the Project described in the Service Order is located, excluding that jurisdiction’s choice of law rules. If the parties have selected arbitration as the method of binding dispute resolution, the Federal Arbitration Act shall govern Section 7.3.located. … § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns, and legal representatives to each Service Agreement. Neither the Owner nor the Architect shall assign a Service Agreement without the written consent of the other, except that the Owner may assign a Service Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner’s rights and obligations under the Service Agreement, including any payments due to the Architect by the Owner prior to the assignment.other. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with the Service Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services, or responsibilities beyond the scope of the Service Agreement.Reserved. … § 10.9 The parties shall agree upon protocols governing the transmission and use of Instruments of Service or any other information or documentation in digital form. The parties will use AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, to establish the protocols for the development, use, transmission, and exchange of digital data. 10.10 A waiver by either party any default or breach by the other party of any terms or conditions of this Master 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. § 10.9.1 Any use of, or reliance on, all or a portion of a building information model without agreement to protocols governing the use of, and reliance on, the information contained in the model and without having those protocols set forth in AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, and the requisite AIA Document G202™–2013, Project Building Information Modeling Protocol Form, shall be at the using or relying party’s sole risk and without liability to the other party and its contractors or consultants, the authors of, or contributors to, the building information model, and each of their agents and employees. Special terms and conditions that modify applicable to this Master Agreement are as follows: (Include other terms and conditions applicable to this Agreement.) 11.1 For other than professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold Owner harmless against claims, demands, suits, damages, losses and expenses connected therewith that may be asserted or claimed against, recovered from or suffered by the Owner 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 Architect or Architect’s consultants, agents or employees. 324 Additions and Deletions Report for AIA Document B121™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 8 For the professional services rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner 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 architect or Architect’s consultants, agents or employees. To the fullest extent permitted by law, Architect agrees to defend, indemnify and hold Owner harmless from any claims, demands, suits, damages, losses and expenses arising from or relating to any claim for violation of intellectual property rights, including without limitation copyright rights arising from or related to the use of any work product provided by Architect or Architect’s consultants, agents or employees. Should Owner be required to bring and action against the Architect to assert its right to defense or indemnification under this Agreement or under the Architect’s applicable insurance policies required below Owner 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 Architect was obligated to defend the claim(s) or was obligated to indemnify Owner for a claim(s) or any portion(s) thereof The obligations of this Section 11.1 shall survive termination of this Master Agreement. 11.2 In the event it becomes necessary for Owner or Architect to retain an attorney to enforce any of the terms or conditions of this Master Agreement or to give any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney’s gees and costs, including fees, salary, and costs of in-house counsel to include the City Attorney. 11.3. The Architect will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations and contracts. In order to satisfy City of Bozeman policy the Architect 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, aga, 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 Architect 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. The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement. PAGE 10 .2 AIA Document E203™–2013, Building Information Modeling and Digital Data Exhibit, dated as indicated below: (Insert the date of the E203-2013 incorporated into this Master Agreement.) .3 .2 Exhibits: PAGE 11 .4 .3 Other documents: … William Hanson, President 325 AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:54:45 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1248082294) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, William A. Hanson, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:54:45 ET on 06/29/2021 under Order No. 5517787987 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B121™ – 2018, Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) 326 Document B221™ – 2018 Service Order for use with Master Agreement Between Owner and Architect Init. / AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:56:06 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1750414441) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document provides the Architect’s scope of services for the Service Order only and is intended to be used with AIA Document B121™–2018, Standard Form of Master Agreement Between Owner and Architect SERVICE ORDER number One made as of the Twenty-Fifth day of June in the year Two Thousand Twenty-One (In words, indicate day, month, and year.) BETWEEN the Owner: (Name, legal status, address, and other information) City of Bozeman 121 N. Rouse Avenue Bozeman, MT 59771 and the Architect: (Name, legal status, address, and other information) Taylor Architects P.C. dba ThinkOne 101 East Main, Studio One Bozeman, MT 59715 for the following PROJECT: (Name, location, and detailed description) City of Bozeman Fire Station #2 Located on Montana State University owned property bounded on south by Kagy Boulevard and approximately 200 feet east of the Kagy and South Seventh Avenue intersection. THE SERVICE AGREEMENT This Service Order, together with the Master Agreement between Owner and Architect dated the Twentieth day of May in the year Two Thousand Twenty-One (In words, indicate day, month, and year.) form a Service Agreement. The Owner and Architect agree as follows. 327 Init. / AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:56:06 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1750414441) 2 TABLE OF ARTICLES 1 INITIAL INFORMATION 2 SERVICES UNDER THIS SERVICE ORDER 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 COMPENSATION 5 INSURANCE 6 PARTY REPRESENTATIVES 7 ATTACHMENTS AND EXHIBITS ARTICLE 1 INITIAL INFORMATION § 1.1 Unless otherwise provided in an exhibit to this Service Order, this Service Order and the Service Agreement are based on the Initial Information set forth below: (State below details of the Project’s site and program, Owner’s contractors and consultants, Architect’s consultants, Owner’s budget and schedule, anticipated procurement method, Owner’s Sustainable Objective, and other information relevant to the Project.) Preliminary scope of this project is to develop a Conceptual Design for a new Fire Station for the City of Bozeman. This new facility will be located on Montana State University owned land near the intersection of Kagy Boulevard and South Seventh Avenue. The project will include a new structure of approximately 14,000 sf and all associated site development work. § 1.2 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect’s services, and the Architect’s compensation. The Owner shall adjust the Owner’s budget for the Cost of the Work and the Owner’s anticipated design and construction milestones, as necessary, to accommodate material changes in the Initial Information. ARTICLE 2 SERVICES UNDER THIS SERVICE ORDER § 2.1 The Architect’s Services under this Service Order are described below or in an exhibit to this Service Order, such as a Scope of Architect’s Services document. § 2.1.1 Basic Services (Describe below the Basic Services the Architect shall provide pursuant to this Service Order or state whether the services are described in documentation attached to this Service Order.) Basic Services to be provided under this service order include Conceptual Design to prepare for a Bond Election in November of 2021. Deliveries will include: - Conceptual Site Plan Development - Conceptual Floor Plan(s) - Conceptual Elevations of Preliminary Facades - Two Conceptual Renderings for use in Bond Promotions Design team will work with representatives of the City of Bozeman and Montana State University when developing the concept design to ensure design achieves the desired programmatic and aesthetic goals. § 2.1.2 Additional Services (Describe below the Additional Services the Architect shall provide pursuant to this Service Order or state whether the services are described in documentation attached to this Service Order.) Geotechnical investigation services for project site. 328 Init. / AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:56:06 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1750414441) 3 ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 Unless otherwise provided in an exhibit to this Service Order, the Owner’s anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: Not established at this time. .2 Substantial Completion date: Not established at this time. ARTICLE 4 COMPENSATION § 4.1 For Basic Services described under Section 2.1.1, the Owner shall compensate the Architect as follows: .1 Stipulated Sum Preliminary Conceptual Design - $25,000Architectural Design Services - Conceptual Site Plan - Conceptual Floor Plan - Conceptual Primary Elevations - Two Conceptual Renderings for Bond Marketing (Paragraphs deleted) Additional Services – Geotechnical Investigation - $15,000 § 4.2 For Additional Services described under Section 2.1.2 or in the Master Agreement, the Architect shall be compensated in accordance with the Master Agreement unless otherwise set forth below: (Insert amount of, or basis for, compensation if other than as set forth in the Master Agreement. Where the basis of compensation is set forth in an exhibit to this Service Order, such as a Scope of Architect’s Services document, list the exhibit below.) § 4.3 For Reimbursable Expenses described in the Master Agreement, the Architect shall be compensated in accordance with the Master Agreement unless otherwise set forth below: (Insert amount of, or basis for, compensation if other than as set forth in the Master Agreement. Where the basis of compensation is set forth in an exhibit to this Service Order, such as a Scope of Architect’s Services document, list the exhibit below.) Reimbursable expenses included in base compensation: - Includes standard printing & material costs - Special travel not included at this time § 4.4 When compensation identified in Section 4.1 is on a percentage basis, progress payments for each phase of Basic Services shall be calculated by multiplying the percentages identified in this Article by the Owner’s most recent budget for the Cost of the Work. Compensation paid in previous progress payments shall not be adjusted based on subsequent updates to the Owner’s budget for the Cost of the Work. ARTICLE 5 INSURANCE § 5.1 Insurance shall be in accordance with section 3.3 of the Master Agreement, except as indicated below: (Insert any insurance requirements that differ from those stated in the Master Agreement, such as coverage types, coverage limits, and durations for professional liability or other coverages.) Per Master Agreement 329 Init. / AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:56:06 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1750414441) 4 § 5.2 In addition to insurance requirements in the Master Agreement, the Architect shall carry the following types of insurance. (List below any other insurance coverage to be provided by the Architect, not otherwise set forth in the Master Agreement, and any applicable limits.) Coverage Limits Not Applicable ARTICLE 6 PARTY REPRESENTATIVES § 6.1 The Owner identifies the following representative in accordance with Section 1.4.1 of the Master Agreement: (List name, address, and other information.) Jon Henderson, Strategic Services Director City of Bozeman 121 North Rouse Avenue Bozeman, MT 59715 406-582-2250 § 6.2 The Architect identifies the following representative in accordance with Section 1.5.1 of the Master Agreement: (List name, address, and other information.) William A. Hanson, President Taylor Architects, P.C. dba ThinkOne 101 East Main, Ste. #1 Bozeman, MT 59715 406-586-7020 ARTICLE 7 ATTACHMENTS AND EXHIBITS § 7.1 The following attachments and exhibits, if any, are incorporated herein by reference: .1 AIA Document, B121TM-2018, Standard Form of Master Agreement Between Owner and Architect for Services provided under multiple Service Orders; .2 Other Exhibits incorporated into this Agreement: (Clearly identify any other exhibits incorporated into this Agreement.) Allied Engineering Geotechnical Investigation Proposal Dated June 1, 2021 .3 Other documents: (List other documents, if any, including additional scopes of service forming part of this Service Order.) None This Service Order entered into as of the day and year first written above. OWNER (Signature)ARCHITECT (Signature) William Hanson, President (Printed name and title)(Printed name, title, and license number, if required) 330 Additions and Deletions Report for AIA® Document B221™ – 2018 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:56:06 ET on 06/29/2021. Additions and Deletions Report for AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:56:06 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1750414441) 1 PAGE 1 SERVICE ORDER number One made as of the Twenty-Fifth day of June in the year Two Thousand Twenty-One … City of Bozeman 121 N. Rouse Avenue Bozeman, MT 59771 … Taylor Architects P.C. dba ThinkOne 101 East Main, Studio One Bozeman, MT 59715 … City of Bozeman Fire Station #2 Located on Montana State University owned property bounded on south by Kagy Boulevard and approximately 200 feet east of the Kagy and South Seventh Avenue intersection. … This Service Order, together with the Master Agreement between Owner and Architect dated the Twentieth day of May in the year Two Thousand Twenty-One PAGE 2 Preliminary scope of this project is to develop a Conceptual Design for a new Fire Station for the City of Bozeman. This new facility will be located on Montana State University owned land near the intersection of Kagy Boulevard and South Seventh Avenue. The project will include a new structure of approximately 14,000 sf and all associated site development work. … Basic Services to be provided under this service order include Conceptual Design to prepare for a Bond Election in November of 2021. Deliveries will include: - Conceptual Site Plan Development - Conceptual Floor Plan(s) - Conceptual Elevations of Preliminary Facades - Two Conceptual Renderings for use in Bond Promotions Design team will work with representatives of the City of Bozeman and Montana State University when developing the concept design to ensure design achieves the desired programmatic and aesthetic goals. 331 Additions and Deletions Report for AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:56:06 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1750414441) 2 … Geotechnical investigation services for project site. PAGE 3 Not established at this time. … Not established at this time. … (Insert amount) Preliminary Conceptual Design - $25,000Architectural Design Services - Conceptual Site Plan .2 Percentage Basis- Conceptual Floor Plan (Insert percentage value)- Conceptual Primary Elevations ( ) % of the Owner’s budget for the Cost of the Work, as calculated in accordance with Section 4.4.- Two Conceptual Renderings for Bond Marketing .3 Other (Describe the method of compensation) Additional Services – Geotechnical Investigation - $15,000 … Reimbursable expenses included in base compensation: - Includes standard printing & material costs - Special travel not included at this time … Per Master Agreement PAGE 4 Not Applicable … Jon Henderson, Strategic Services Director City of Bozeman 121 North Rouse Avenue Bozeman, MT 59715 406-582-2250 … William A. Hanson, President Taylor Architects, P.C. dba ThinkOne 101 East Main, Ste. #1 Bozeman, MT 59715 406-586-7020 … 332 Additions and Deletions Report for AIA Document B221™ – 2018. Copyright © 2014 and 2018 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:56:06 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1750414441) 3 Allied Engineering Geotechnical Investigation Proposal Dated June 1, 2021 … None … William Hanson, President 333 AIA Document D401™ – 2003. Copyright © 1992 and 2003 by The American Institute of Architects. All rights reserved. The “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are registered trademarks and may not be used without permission. This document was produced by AIA software at 11:56:06 ET on 06/29/2021 under Order No.5517787987 which expires on 09/10/2021, 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 copyright@aia.org. User Notes: (1750414441) 1 Certification of Document’s Authenticity AIA® Document D401™ – 2003 I, William A. Hanson, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:56:06 ET on 06/29/2021 under Order No. 5517787987 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA® Document B221™ – 2018, Service Order for use with Master Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. _____________________________________________________________ (Signed) _____________________________________________________________ (Title) _____________________________________________________________ (Dated) 334 335 Standard Billing Rate Schedule Effective Thru December 31, 2021 Standard Rate Overtime Rate Engineer Supervising Engineer IV 226.00 226.00 Supervising Engineer III 211.00 211.00 Supervising Engineer II 201.00 201.00 Supervising Engineer I 190.00 190.00 Senior Engineer II 180.00 180.00 Senior Engineer I 163.00 163.00 Design Engineer II 153.00 153.00 Design Engineer I 143.00 143.00 Engineer Intern II 124.00 124.00 Engineer Intern I 109.00 109.00 Planner Supervising Senior Planner 196.00 196.00 Senior Planner 163.00 163.00 Planner III 132.00 132.00 Planner II 120.00 120.00 Planner I 105.00 105.00 Scientist Supervising Environmental Scientist 204.00 204.00 Environmental Scientist III 163.00 163.00 Environmental Scientist II 122.00 122.00 Environmental Scientist I 105.00 105.00 Environmental Technician 92.00 92.00 Supervising Geologist 205.00 205.00 Senior Geologist 194.00 194.00 Geologist III 167.00 167.00 Geologist II 143.00 143.00 Geologist I 122.00 122.00 Designer and Technician Senior Communications Designer 153.00 153.00 CAD Designer III 136.00 136.00 CAD Designer II 125.00 125.00 CAD Designer I 116.00 174.00 CAD Tech III 114.00 171.00 CAD Tech II 99.00 148.50 CAD Tech I 87.00 130.50 Senior Engineering Technician 158.00 158.00 Engineering Technician 109.00 109.00 Resident Project Representative Senior Resident Project Representative 152.00 152.00 Resident Project Representative III 145.00 145.00 Resident Project Representative II 128.00 128.00 Resident Project Representative I 110.00 165.00 Administrative Administrative Manager 110.00 110.00 Administrative Coordinator III 102.00 102.00 Administrative Coordinator II 96.00 144.00 Administrative Coordinator I 79.00 118.50 Project Coordinator III 103.00 154.50 Project Coordinator II 91.00 136.50 Project Coordinator I 79.00 118.50 Technical Intern 75.00 112.50 Senior Communication Specialist 108.00 108.00 Graphic Designer 92.00 92.00 Health & Safety Administrator 122.00 122.00 Survey Senior Survey Manager 179.00 179.00 Survey Manager 153.00 153.00 Land Surveyor IV 147.00 147.00 Land Surveyor III 138.00 138.00 Land Surveyor II 126.00 126.00 Land Surveyor I 116.00 116.00 Remote Sensing Specialist 116.00 174.00 Survey Technician IV 107.00 160.50 Survey Technician III 100.00 150.00 Survey Technician II 87.00 130.50 Survey Technician I 73.00 109.50 Expert Witness Recommended rate for expert witness services (depositions and/or time in court) is charged at an hourly rate of 150-200% of the standard billing rate. 2021 1/11/2021336 12 N. Broadway, 2nd Floor, Belgrade, MT 59714 (406) 388-3320 2040 Harnish Blvd., Billings, MT 59101 (406) 245-0136 3860 O’Leary St, Suite B, Missoula, MT 59808 (406) 549-4160 2010 Fourth Ave. NW, Suite 104, Minot, ND 58703 (701) 805-0526 3060 Cabernet, Suite 3, Helena, MT 59601 (406) 204-2400 19 S. Main, Sheridan, WY 82801 (307) 673-5300 www.acemt.com SCHEDULE OF HOURLY RATES BY PERSONNEL CLASSIFICATION ASSOCIATED CONSTRUCTION ENGINEERING, INC. 2021 Rates Charging for Services on a Per Hour Basis (hourly) will be enacted when the Scope of the Assignment is not readily defined and may be subject to change or when requested by the client. Hourly rates are scheduled and charged by personnel classification as follows: PROFESSIONAL SERVICE CLASSIFICATION Principal $190.00/hour Sr. Engineer/P.M. $165.00/hour Design Engineer $140.00/hour Designer $110.00/hour CAD Technician $ 95.00/hour Administrative $ 80.00/hour A day is defined as: 1. Eight (8) hours of work performed at standard rates. Actual hours worked will be billed for work performed in the office or on-/off-site as the project requires. 2. If overtime is necessary (more than 8 hours in a 24-hour period), rates are subject to overtime rate factor of 1.50 of the above listed hourly rates. In addition to the above listed hourly rates, expenses will be charged as follows: 1. Transportation/Travel - current federally allowed rate. 2. Subsistence, at direct cost plus 10% for handling. 3. Reproduction work, at direct cost plus 10% for handling. 4. Other consultants, at direct cost plus 10% for handling. 5. All other expenses, at direct cost plus 10% for handling. Charges are billable monthly and are to be paid within thirty (30) days after receipt of statement. Interest, at the rate of 1% per month, will be charged on past due accounts over sixty (60) days. At times when little work is performed, statements may be submitted less often to minimize bookkeeping. 337 6211 Roosevelt Way Northeast |Seattle, WA 98115 |206 522 3830 |www.tca-inc.com FEE SCHEDULE 01/2021 – 12/2021 A. FEES AND REIMBURSABLE EXPENSES Fees and reimbursable expenses are based on the following conditions unless otherwise noted. 1. HOURLY RATE SCHEDULE* Professional Services Principal Architect $180.00 per hour Senior Project Architect / Manager $160.00 per hour Project Architect $150.00 per hour Technical Services Project Manager $140.00 per hour Design Professional / Support $125.00 per hour Administration/Clerical $ 90.00 per hour *Hourly rates may be adjusted on an annual basis per federal statistics on cost of living (revised wage earner) for the Seattle area or in accordance with normal salary review practices of TCA Architecture Planning 2.REIMBURSABLE EXPENSES Reimbursable expenses will include all expenses incurred during the course of the work not identified as basic service: Consultant Services (not included in basic service)Cost plus 15% Printing/Photography (in house) Photocopies B&W (8 ½ x 11) Photocopies B&W (11 x 17) Photocopies Color (8 ½ x 11) Photocopies Color (11x 17) Plots/Large B&W (24 x 36 & 30 x 42) Plots/Large Color (24 x 36 & 30 x 42) $0.10 $0.20 $1.00 $2.00 $8.00 $15.00 Printing/Photography (by vendor) Reproductions by vendor Printing/Photography by vendor Cost plus 15% Cost plus 15% Communications Delivery/Postage Cost plus 15% Travel Auto Air Mileage billed at federal reimbursement rate ½ hourly rate, plus airfare at cost plus 15% B. TERMS Billings are payable on the date submitted and are considered to be delinquent 30 days from invoice date unless otherwise agreed to. A finance charge of 15% APR will be added to past due accounts commencing from the date payment is due. 338 6211 Roosevelt Way Northeast |Seattle, WA 98115 |206 522 3830 |www.tca-inc.com 339 June 1, 2021 Jon Wirth ThinkOne Architects 101 East Main, Suite A Bozeman, MT 59715 e-mail: jwirth@think1.com (Sent via e-mail only) Re: Proposal for Geotechnical Investigation and Report Bozeman Fire Station No. 2 – MSU Campus – Bozeman, MT Dear Mr. Wirth: Thank you for the opportunity to provide this geotechnical services proposal for consideration by Think One Architects and the City of Bozeman. This letter and attachment serve as our proposal/contract for a geotechnical investigation and report for the site of the proposed Bozeman Fire Station No. 2, which is being considered on the southeast side of the Montana State University campus along Kagy Boulevard. We are pleased to provide this for your review and look forward to working with you, the City, and the design team on this project. Provided on the following pages are a description of the project location, proposed improvements, anticipated soil conditions, requested services, proposed scope of work, deliverables, fixed fee cost, and project schedule. Project Location and Description The project site is an approximate 1.0-acre area that lies directly east and adjacent to the Montana State University Police Department (which is housed in the Roy E. Huffman Building). The site is bounded by the police department building on the west, by Kagy Boulevard on the south, by on-site parking lots on the north, and by a couple of small buildings on the east. The site is currently undeveloped. Proposed Improvements According to an initial concept drawing that was received from ThinkOne Architects on May 13, the project will likely consist of about a 10,000 sf fire station building with a small on-site parking lot on the east side of the building. The majority of the building (truck bays) will be one-story in height, but in the living quarters area, the building could have a second level. Large concrete apron areas will abut the truck bays on the north and south sides for entry and exit into and out of the fire station. 340 Jon Wirth June 1, 2021 Geotechnical Investigation & Report Bozeman Fire Station No. 2 – Bozeman, MT Page 2 Anticipated Soil Conditions Based on our previous geotechnical involvement on the MSU American Indian Hall and MSU Wellness Center projects (both of which are located within a 0.5-mile to the north/northwest of the project site) and our general knowledge of the soil conditions at the nearby MSU Football Stadium, we expect that the proposed fire station site is underlain by a thick layer of native silt/clay that overlies deep, native sandy gravel. Most likely, the depth to gravel will be on the order of 15 to 20 feet. The location of the groundwater table is likely near the top of the native gravels. Note: Based on the anticipated depth to gravel (which is the “target” bearing material), we expect that our geotechnical recommendations for foundation bearing will include a ground improvement system with rammed aggregate piers. This type of pier was recommended by AESI and used on the two, above- referenced MSU projects. Aggregate piers were also used on the MSU football facilities project that is currently under construction on the north side of the stadium. Requested Geotechnical Services The services being requested are a geotechnical evaluation of the subject property and the preparation of a Final Geotechnical Report. The information provided in the report will be used by the Owner, Architect, Structural and Civil Engineers, and Contractor(s) during the planning, design, and construction of the fire station site and building improvements. Scope of Work • Subsurface Explorations: The most important part of any geotechnical evaluation is properly investigating the site’s subsurface conditions since this is the basis for our recommendations. Due to the expected depth to native gravel and “target” foundation bearing, we recommend one day of borehole drilling to evaluate the gravel depth across the building site. In order to get a “better visual read” of the near surface silt/clay soil conditions and also look for the presence of any random surface fill material (which is much easier to identify in an excavation), we are also recommending a few test pits that are scattered across the project site. For the boreholes, we should be able to drill three holes to a depth of 25 to 30 feet in one day’s time. For the test pits, which will be dug to depths of 8 to 12 feet, we will plan to dig 4 to 6 pits. The boreholes will be drilled with a truck-mounted rig that is provided by O’Keefe Drilling, who will be working as a sub-contractor to AESI. The test pits will be dug using a mid-sized, tracked excavator by Action Excavation, who will also be operating as a sub-contractor under AESI. Prior to the explorations, a utility locate will be called in. During drilling and digging, the soils will be logged and sampled as warranted. All borehole/test pit locations will be fully backfilled and cleaned up to the extent possible. All of the investigation work will be conducted under the direction of AESI. The fieldwork will be performed by a licensed geotechnical engineer from 341 Jon Wirth June 1, 2021 Geotechnical Investigation & Report Bozeman Fire Station No. 2 – Bozeman, MT Page 3 AESI who will observe and log the explorations, collect soil samples for laboratory analysis, and evaluate the site’s building conditions. • Laboratory Testing of Samples: Select samples may be tested in the AESI laboratory as the soil conditions warrant. Our expected lab testing schedule will likely consist of natural moisture content, Atterberg limits, standard proctors, and soil corrosivity (which will be used to evaluate cement type for foundation concrete). • Geotechnical Analysis and Report: Based on our field and laboratory data, we will analyze the site’s geotechnical condition and provide a final report. The purpose of this report is to present technical information to the Owner, Architect, Structural and Civil Engineers, and Contractor(s) for use during the planning, design, and construction of the proposed site improvements. This report will summarize the site’s subsurface conditions, identify any geotechnical issues, and provide geotechnical recommendations pertaining to building foundation and slab support; ground improvement with rammed aggregate piers (which are expected), allowable bearing and lateral earth pressures; estimated foundation settlements; footing subgrade improvement (if necessary); wall backfill materials and compaction; foundation-related fill materials; surface and subsurface drainage; building moisture protection, and the site concrete and asphalt pavement sections. Drafted copies of the borehole/test pit logs, any laboratory test results, and several exhibits and test pit photos will be attached. Deliverables We will provide the following: • Initial email summary of field findings and preliminary recommendations. • A PDF copy of our Final Geotechnical Report. Fixed Fee Cost We will undertake our scope of work on a fixed fee basis for $15,000. Our fee includes the cost for the sub-contract driller and excavator as well as all lab testing costs (including sub-contract labs). The terms and conditions under which our services are offered will be in accordance with the enclosed agreement for professional services. Those services not anticipated in our scope of work will be provided at the Client’s request on a time and materials basis, or under separate agreement or authorization, as the services are identified and requested by the Owner. Project Schedule We should be able to get the borehole drilling and test pit excavations done by some point in July. As of right now, we are fairly well booked with geotechnical work for most of June. Depending on the driller’s 342 343 June 1, 2021 Geotech Investigation and Report Bozeman Fire Station No. 2 – Bozeman, MT Page 1 of 4 AGREEMENT FOR PROFESSIONAL SERVICES (for fixed fee contracts) The Agreement This agreement is made by and between Allied Engineering Services, Inc. of 32 Discovery Drive, Bozeman, Montana, 59718, hereinafter referred to as AESI, and ThinkOne Architects, hereinafter referred to as CLIENT. This agreement between the parties consists of these terms and the attached proposal and any exhibits or attachments noted in the proposal. Together, these elements will constitute the entire agreement, superseding any and all prior negotiations, correspondence, or agreements either written or oral. Any changes to this agreement must be mutually agreed to in writing. If this proposal is not accepted within one month of the proposal date, AESI reserves the right to amend or withdraw the proposal as appropriate. Standard of Care Services provided by AESI under this agreement will be conducted in a manner consistent with the level of care and skill ordinarily exercised by members of the engineering profession practicing contemporaneously under similar conditions in the locality of the project. CLIENT and their agents shall examine and respond to AESI's submissions; and give prompt written notice to AESI whenever CLIENT observes or otherwise becomes aware of any defect in the work. Of significance with respect to this provision is a contractor’s responsibility to check designs and staking during construction. Site Access and Site Conditions CLIENT shall grant or obtain free access to the site for all equipment and personnel necessary for AESI to perform the work set forth in this agreement. AESI will take reasonable precautions to minimize damage to the site, but it is recognized by CLIENT that, in the normal course of work some damage may occur (such as may result from gaining access with vehicles, or by subsurface explorations) and the correction of such damage is not part of this agreement unless so specified in the proposal. CLIENT shall furnish all available records (as-built drawings, construction records, etc.) indicating the existing site conditions including locations of all underground structures and utilities. AESI will take reasonable precautions to avoid known underground structures or utilities, but CLIENT agrees to hold AESI harmless from any damages that may result due to underground structures or utilities that were not identified or accurately located. Basis of Fees for Professional Services CLIENT agrees to pay AESI on a fixed fee basis for the scope of work described in the attached proposal. If it becomes necessary to increase the scope of work for reasons not in the control of AESI, additional services will be charged on a time and materials basis with prior approval from the client. For 344 June 1, 2021 Geotech Investigation and Report Bozeman Fire Station No. 2 – Bozeman, MT Page 2 of 4 reimbursable expenses and services provided by independent professional associates, consultants or subcontractors employed by AESI, CLIENT agrees to pay the amount billed to the AESI times a factor of 1.10. Billable hourly rates for the various categories of employees are summarized as follows: Employee Category Billable Hourly Rate Engineer VIII $200/hour Engineer VII $165/hour Engineer VI $150/hour Engineer V $135/hour Engineer IV $115/hour Engineer III $105/hour Engineer II $95/hour Engineer I $85/hour Surveyor VI $165/hour Surveyor V $140/hour Surveyor IV $110/hour Surveyor III $100/hour Surveyor II $90/hour Surveyor I $80/hour Sr. CAD Designer $100/hour CAD Drafter $80/hour Environmental Specialist $105/hour Project Representative $80/hour Intern $65/hour Administration $60/hour GPS Use $25/hour Total Station Use $15/hour ATV Use $25/hour Nuclear Densometer $10/hour or $40/day Concrete Cylinder Break $10/each Mileage/Truck Rental $0.70/mile or minimum $35/day Aquifer Monitoring Equipment $200/month or $75/week • Hourly rates and staff classifications are reviewed by our Board of Directors annually and may be subject to change. Reimbursable Expenses Reimbursable Expenses mean the actual expenses incurred by AESI in connection with the Project, such as expenses for: transportation; subsistence; toll telephone calls; reproduction of reports, Drawings, Specifications, Bidding Documents and similar Project-related items; computer time; equipment rental; and if authorized in advance by CLIENT, overtime work requiring higher than regular rates. Billing and Payment AESI shall submit invoices monthly and/or at project milestones for services rendered and for reimbursable expenses incurred. AESI also reserves the right to require full payment of any outstanding 345 June 1, 2021 Geotech Investigation and Report Bozeman Fire Station No. 2 – Bozeman, MT Page 3 of 4 invoices and/or full payment of said contract prior to submittal of deliverables to the CLIENT. If CLIENT disputes the amount of a billing, CLIENT will notify AESI in writing within ten (10) calendar days of the receipt of bill of the dispute. Payment is due thirty (30) calendar days from the date of bill. CLIENT agrees that interest at the maximum rate allowed by law will accrue on all amounts past due, and that failure to pay AESI within sixty (60) days may be considered a breach of this agreement. CLIENT also agrees to pay all collection fees if collection services become necessary. Termination CLIENT shall have the right to terminate this agreement at any time by giving written notice to AESI. This agreement may be terminated by AESI in the event of substantial failure of performance by CLIENT, or if CLIENT suspends the work for more than three (3) months. In the event of termination, AESI will be paid for services performed prior to the date of termination. If the agreement is terminated by CLIENT, AESI shall also be entitled to reasonable termination expenses, including, but not limited to the cost of completing records, and reports necessary to document job status at the time of termination. Legal Relations AESI shall comply with all Federal, State, and Local laws and ordinances applicable to the work to be done. AESI hereby agrees to indemnify and hold CLIENT harmless from all claims and liability due to the activities of AESI, their agents, employees, or both in performing the work required. Any and all employees of AESI engaged in the performance of work or services required by this agreement shall be considered employees of AESI only and not of the CLIENT. The CLIENT hereby agrees to indemnify and hold the AESI harmless from all claims and liability due to the activities of CLIENT, their agents, employees, or both, in performing the work required. AESI is and shall perform this agreement as an independent contractor, and as such, is responsible to the CLIENT only as to the results to be obtained in the work herein specified, and to the extent that the work shall be done in accordance with the terms of this agreement. AESI shall have and maintain complete control over all of its employees, subcontractors, agents and operations, being responsible for any required payroll deductions and providing required benefits, such as, but not limited to, worker's compensation with statutory limits, and unemployment insurance. This Agreement applies to and shall be binding on the heirs, personal representatives, successors and assignees of the respective parties. The CLIENT hereby guarantees the performance of the terms and conditions contained and set forth in this contract to be kept and performed on the part of the Owner, including but not limited to, the promise to pay for services and materials rendered. In this regard should the owner company not pay its invoices when due, Allied may proceed directly against the undersigned personally and individually, jointly or severally without exhausting its remedies as to the owner company. This provision shall be construed according to the laws of the State of Montana. 346 June 1, 2021 Geotech Investigation and Report Bozeman Fire Station No. 2 – Bozeman, MT Page 4 of 4 Limitations AESI takes no responsibility for hazardous materials or similar unknown site/building conditions that may exist at the project. While AESI is responsible for its own employees, AESI takes no responsibility for jobsite and worker safety and for construction means, methods, techniques, sequences and procedures of other companies. Lastly, CLIENT agrees to limit AESI’s liability for all causes, including errors, omissions, and negligence, to an amount not to exceed two times the sum total of AESI invoices to the CLIENT for the project in question. 347 Memorandum REPORT TO:City Commission FROM:Zeb Breuckman, SCADA Manager Scott Shirley, Interim Public Works Director SUBJECT:Authorize the City Manager to Sign a Professional Services Master Task Order Agreement Term Contract with Advanced Engineering and Environmental Services, LLC (AE2S) for SCADA On-Call Services and Task Orders 1 and 2 under the Term Contract MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Master Task Order Agreement Term Contract with Advanced Engineering and Environmental Services, LLC (AE2S) for SCADA On-Call Services and Task Orders 1 and 2 under the Term Contract STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Term Contract Background: Advanced Engineering and Environmental Services, LLC (AE2S) were selected for a three year term contract following a competitive request for qualifications (RFQ) process. AE2S will provide highly technical professional services to support maintenance and operation of the City's Water and Wastewater Supervisory Control and Data Acquisition (SCADA) system. Task Order 1 Background: AE2S will provide on-call services as requested by the City's SCADA department and water or wastewater operations personnel. Services will be provided on a time and expense basis as needed based. Task Order 2 Background: The Lyman Creek Water Treatment Plant Control panel is at the end of it's service life. AE2S will work with the City's SCADA department to design a replacement control panel with additional capacity and modern components. UNRESOLVED ISSUES:None. ALTERNATIVES: As directed by the Bozeman City Commission. FISCAL EFFECTS: 348 There is no fiscal effect to the Professional Services Agreement, since all orders for services will be assigned to written task orders. For the Task Order 1, AE2S will bill for its services on a time and expense basis not to exceed $20,000. Funding for the work is available in funds allocated to Water Treatment Plant and Water Reclamation Facility operations. For the Task Order 2, AE2S will bill for its services on a time and expense basis not to exceed $12,295. Funding for the work is available in funds allocated to Water Treatment Plant operations. Attachments: SCADA On-Call Services Master Services Agreement SCADA On-Call Services Task Order 1 SCADA On-Call Services Task Order 2 Report compiled on: June 16, 2021 349 Page 1 of 2 EXHIBIT A to Professional Services Master Task Order Agreement Dated ___________________________ TASK ORDER NUMBER: P05097-2020-010 Issued under the authority of Professional Services Master Task Order Agreement between the City of Bozeman and Advanced Engineering and Environmental Services, LLC for Bozeman SCADA On-Call Services. This is a Task Order dated ______________, between City of Bozeman (City) and Advanced Engineering and Environmental Services, LLC (Consultant). The following representatives have been designated for the work performed under this Task Order: City: Zeb Breuckman, PE, SCADA Manager Consultant: James Sletten, I&C Senior Technician Project Name: P05097-2020-010 – Bozeman SCADA On-Call Services SCOPE OF WORK: (attach additional sheet(s) as required) Work performed under this Task Order will include on-call services for maintenance, programming, and troubleshooting of Instrumentation & Controls (I&C) and SCADA infrastructure and equipment for each of the City’s primary facilities: the Bozeman Water Treatment Plant (WTP); the Bozeman Water Reclamation Facility (WRF); and the Bozeman Distribution and Collection System. The City will be responsible for monitoring, prioritizing, and identifying services required, and, when requested by the City to do so, Consultant will perform services in a timely manner. Descriptions of typical services offered through this Task Order are listed, but not limited to those services in Attachment 1 – Typical I&C and SCADA On-Call Services. COMPENSATION: City agrees to pay Consultant for rendering services associated with this Task Order at Standard Hourly Rates and for Reimbursable Expenses up to an amount not to exceed $20,000 without written authorization from the parties agreeing to an increase in Consultant’s compensation limit. Consultant shall be reimbursed at Standard Hourly Rates and for Reimbursable Expenses in Accordance with Consultant’s 2021 Hourly Fee and Expense Schedule. Personnel anticipated to provide the majority of the Scope of Work – exclusive of personnel providing administrative and incidental labor – are identified in the Personnel Section of Attachment 1 along with their respective Labor Classification as of the effective date of this Task Order. Contractor shall invoice no more often than monthly for services provided in the previous pay period. The provisions of the Professional Services Master Task Order Agreement dated ____________________and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. 350 Bozeman Professional Services Master Task Order Agreement Dated: _________________________________ Task Order P05097-2020-010 Bozeman SCADA On-Call Services Page 2 of 2 IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman Contractor By: By: Title: Title: Date: Date: Fed. ID. No. Operations Manager May 7, 2021 351 P05097-2020-010 Page 1 of 2 Think Big. Go Beyond. www.ae2s.com Bozeman, Montana Bozeman SCADA On-Call Services TASK ORDER NO.: P10074-2020-001 EFFECTIVE DATE OF TASK ORDER:______________________ Attachment 1: Typical I&C and SCADA On-Call Services Typical I&C and SCADA Services 1. Assist owner with identifying and planning for scheduled maintenance of the control system associated with the WTP, WRF, & Distribution systems. 2. Assist owner with identifying potential I&C needs/upgrades to boost system reliability and keep up with hardware and software systems. 3. Assist owner with Wonderware troubleshooting, implementation, and best practices. 4. Assist owner with Rockwell troubleshooting, implementation, and best practices. 5. Provide On-Call services for control system troubleshooting and repair. Design Services Design phase services requested by City will be provided via amendment. Amendment will include design scope and fee to be authorized by City prior to work being performed. 1. Work with owner to design new control panels as needed to replace existing systems. 2. Develop electrical drawings for new and existing systems as needed. 3. Work with owner to make sure new systems meet minimum design requirements. 4. Assist with equipment selection. 352 Page 2 of 1 https://ae2s-my.sharepoint.com/personal/brian_viall_ae2s_com/Documents/Bozeman Admin/3 Agreements/1.0 Bozeman/P05097-2020-010 - Bozeman SCADA On-Call Services/Attachment 1 - TO P05097-2020-010.docx Other Misc. I&C and SCADA Services · System Evaluations · System Design/Upgrades · Hardware/Software Support & Updating · Computer Networking · Training · Data Management/Reports · System Documentation · Control Panel Wiring · Equipment Selection · Historical Trending · Telemetry · On-Call Service · Remote Troubleshooting · Local and Wide Area Networks (LAN/WAN) · Mobile SCADA · Alarm Notification · Testing & Startup · Troubleshooting Personnel† Name Labor Classification James Sletten I&C Technician IV Wes Crawford I&C Technician IV Ross Hanson I&C Manager Jason Salber Engineer III Nick Ackerman Engineer III † The Labor Categories of Personnel assigned to this Task Order shall be subject to adjustment annually (as of January 1) to reflect equitable changes in the compensation payable to Consultant. This adjustment will not increase the total estimated compensation amount unless approved in writing by the City. 353 Page 1 of 1 ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC 2021 HOURLY FEE AND EXPENSE SCHEDULE Labor Rates* Administrative I $60.00 Administrative II $73.00 Administrative III $88.00 Engineering Assistant 1 $73.00 Engineering Assistant 2 $88.00 Engineering Assistant 3 $110.00 Engineer I $119.00 Engineer II $141.00 Engineer III $168.00 Engineer IV $193.00 Engineer V $205.00 Engineer VI $223.00 Engineer VII $241.00 Engineer VIII $250.00 Engineering Technician I $72.00 Engineering Technician II $92.00 Engineering Technician III $112.00 Engineering Technician IV $126.00 Engineering Technician V $143.00 Engineering Technician VI $158.00 Engineering Technician VII $175.00 Engineering Technician VIII $186.00 I&C Assistant $88.00 I&C Technician I $108.00 I&C Technician II $122.00 I&C Technician III $136.00 I&C Technician IV $147.00 I&C Technician V $160.00 I&C Specialist $174.00 I&C Senior Specialist $185.00 I&C Manager $193.00 IT I $111.00 IT II $151.00 IT III $181.00 Operations Specialist I $89.00 Operations Specialist II $108.00 Operations Specialist III $133.00 Operations Specialist IV $150.00 Operations Specialist V $175.00 Project Manager I $179.00 Project Manager II $196.00 Project Manager III $216.00 Project Manager IV $231.00 Reimbursable Expense Rates Transportation $0.65/mile Laser Printouts/Photocopies $0.30/copy UAS - Photo/Video Grade $100.00/day All-Terrain Vehicle/Boat $100.00/day Cellular Modem $75.00/month Web Hosting $26.00/month Legal Services Reimbursement $238.00/hour Outside Services cost x 1.10 Geotechnical Services cost x 1.30 Out of Pocket Expenses cost x 1.10 Project Specific Equipment Negotiable * Position titles are for labor rate grade purposes only. These rates are subject to adjustment each year on January 1. 354 Professional Services Master Task Order Agreement for SCADA On-Call Engineering Services Page 1 of 11 PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT THIS AGREEMENT is made and entered into this ________________________, 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, ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC with mailing address 1288 North 14th Ave. Unit 103 Bozeman, MT 59715 hereinafter referred to as “Consultant.” 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 Consultant to provide a range of professional and technical services related to operations and maintenance of the City of Bozeman’s Supervisory Control and Data Acquisition (SCADA) system, including but not necessarily limited to design, equipment selection, bidding, construction administration, process troubleshooting and optimization, industrial automation and controls, and Safe Drinking Water Act compliance to the extent the SCADA system applies to said Act, as requested by the City through issuance of individual Task Orders on an as needed and requested basis. The services assigned will generally be referred to as Bozeman SCADA On-Call Services or as otherwise specified in each specific Task Order. 2. Term/Effective Date: This Agreement is effective upon the date of its execution (Effective Date) and will expire three (3) years from the Effective Date unless extended or terminated as specifically provided for within the agreement. 3. Scope of Work: Consultant 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 Consultant 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. Consultant may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. 4. Payment: The terms of compensation to Consultant shall be agreed upon and included in each Task Order. City agrees to pay Consultant the amount specified in the individual Task Orders. 355 Professional Services Master Task Order Agreement for SCADA On-Call Engineering Services Page 2 of 11 Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Consultant after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Consultant’s Representations: To induce City to enter into this Agreement, Consultant makes the following representations: a. For each individual Task Order, Consultant 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. Consultant 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 Consultant Status/Labor Relations: The parties agree that Consultant is an independent Consultant for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant 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. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant 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. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. Consultant 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 Consultants. 356 Professional Services Master Task Order Agreement for SCADA On-Call Engineering Services Page 3 of 11 Consultant shall indemnify, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant 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 Consultant; (ii) any negligent, reckless, or intentional misconduct of any of the Consultant’s agents; For the professional services rendered, to the fullest extent permitted by law, Consultant 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 Consultant or Consultant’s agents or employees. Defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of the Consultant’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). Consultant’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 Consultant to assert its right to defense or indemnification under this Agreement or under the Consultant’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 Consultant was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this 357 Professional Services Master Task Order Agreement for SCADA On-Call Engineering Services Page 4 of 11 Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Consultant 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, Consultant shall at Consultant’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 Consultant in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Consultant 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 Consultant 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 endorsements prior to the Consultant commencing work. Consultant shall notify City within two (2) 358 Professional Services Master Task Order Agreement for SCADA On-Call Engineering Services Page 5 of 11 business days of Consultant’s receipt of notice that any required insurance coverage will be terminated or Consultant’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Consultant commencing work. 8. Termination for Consultant’s Fault: a. If Consultant refuses or fails to do the work in a timely manner, 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 Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to Consultant’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, Consultant shall be entitled to payment only for those services Consultant 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, Consultant 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 Consultant (“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 Consultant. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Consultant 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 359 Professional Services Master Task Order Agreement for SCADA On-Call Engineering Services Page 6 of 11 any Task Order under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Consultant shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Consultant is entitled to payment only for those services Consultant 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 Consultant for its performance of this Agreement. Consultant 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 Consultant’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Consultant under this Agreement, Consultant’s damages shall be limited to contract damages and Consultant 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 Consultant wants to assert a claim for damages of any kind or nature, Consultant 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 Consultant becoming aware of the facts and circumstances giving rise to the claim. In the event Consultant fails to provide such notice, Consultant 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 Zeb Breuckman, PE, SCADA 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 Zeb Breuckman, PE, SCADA Manager as the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Consultant may direct its 360 Professional Services Master Task Order Agreement for SCADA On-Call Engineering Services Page 7 of 11 communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. b. Consultant’s Representative: The Consultant’s Representative for the purpose of this Agreement shall be James Sletten, I&C Senior Technician or such other individual as Consultant shall designate in writing. Whenever direction to or communication with Consultant is required by this Agreement, such direction or communication shall be directed to Consultant’s Representative; provided, however, that in exigent circumstances when Consultant’s Representative is not available, City may direct its direction or communication to other designated Consultant personnel or agents. 12. Permits: Consultant 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: Consultant 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 & Equal Pay: The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall be on the basis of merit and qualifications. The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Consultant 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 Consultant 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. Consultant 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). Consultant must report to the City any violations of the Montana Equal Pay Act that Consultant has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. 361 Professional Services Master Task Order Agreement for SCADA On-Call Engineering Services Page 8 of 11 Consultant shall require these nondiscrimination and equal pay terms of its Sub-consultants providing services under this agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant 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. Consultant 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 Consultant shall be obligated to furnish such proof. The Consultant shall be responsible for instructing and training the Consultant's employees and agents in proper and specified work methods and procedures. The Consultant shall provide continuous inspection and supervision of the work performed. The Consultant is responsible for instructing their 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 Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any Sub-Consultant or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant’s compliance with the requirements of this Agreement. Consultant 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 Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Consultant 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 362 Professional Services Master Task Order Agreement for SCADA On-Call Engineering Services Page 9 of 11 to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 20. Taxes: Consultant 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: Consultant’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 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 363 Professional Services Master Task Order Agreement for SCADA On-Call Engineering Services Page 10 of 11 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 agreement, be extended for a period of one fiscal year by written agreement of the Parties. In no case, however, may this Agreement run longer than April 9, 2026. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 364 Professional Services Master Task Order Agreement for SCADA On-Call Engineering Services Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA CONSULTANT BY: BY: (City Manager) (Operations Manager) DATE: DATE: ATTEST: BY: (City Clerk) APPROVED AS TO FORM: BY: (City Attorney) May 7, 2021 365 Page 1 of 2 EXHIBIT A to Professional Services Master Task Order Agreement Dated ___________________________ TASK ORDER NUMBER # 2: P05097-2021-006 Issued under the authority of Professional Services Master Task Order Agreement between the City of Bozeman and Advanced Engineering and Environmental Services, LLC for Bozeman SCADA On-Call Services. This is a Task Order dated ______________, between City of Bozeman (City) and Advanced Engineering and Environmental Services, LLC (Consultant). The following representatives have been designated for the work performed under this Task Order: City: Zeb Breuckman, PE, SCADA Manager Consultant: James Sletten, I&C Senior Technician Project Name: P05097-2021-006 – Bozeman Lyman WTP Panel Design SCOPE OF WORK: (attach additional sheet(s) as required) Work performed under this Task Order will include the design and bidding phase services for a new control panel to be installed at Lyman WTP. Descriptions of services provided through this Task Order are listed, but not limited to those services in Attachment 1 – Bozeman Lyman WTP Panel Design. COMPENSATION: City agrees to pay Consultant for rendering services associated with this Task Order at Standard Hourly Rates and for Reimbursable Expenses up to an amount not to exceed $12,295.00 without written authorization from the parties agreeing to an increase in Consultant’s compensation limit. Consultant shall be reimbursed at Standard Hourly Rates and for Reimbursable Expenses in Accordance with Consultant’s Hourly Fee and Expense Schedule. Personnel anticipated to provide the majority of the Scope of Work – exclusive of personnel providing administrative and incidental labor – are identified in the Personnel Section of Task Order 2 - Attachment 1 along with their respective Labor Classification as of the effective date of this Task Order. Contractor shall invoice no more often than monthly for services provided in the previous pay period. The provisions of the Professional Services Master Task Order Agreement dated ____________________and any Special Terms and Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work. 366 Bozeman Professional Services Master Task Order Agreement Dated: _________________________________ Task Order P05097-2021-006 Bozeman Lyman WTP Panel Design Page 2 of 2 IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this Task Order: City of Bozeman Contractor By: By: Title: Title: Date: Date: Fed. ID. No. Operations Manager May 21, 2021 367 Task Order 2 | Attachment 1 P05097-2021-006 – Bozeman Lyman WTP Panel Design Page 1 of 3 Bozeman, Montana Bozeman Lyman WTP Panel Design TASK ORDER NO. 2: P05097-2021-006 EFFECTIVE DATE OF TASK ORDER:______________________ Attachment 1: Bozeman Lyman WTP Panel Design Design Services · Scope of work including expenses: o Engineer to provide complete control panel drawings and specifications. o Control panel design (1 sheet). o Control panel I/O list (1 sheet). o Typical Wiring Schematics (1 sheet). o I&C Specifications (Assumes 50-division format, Div 40 Instrumentation and Controls. o Provide a 90% review submittal. · Bidding Phase Services o Assist in solicitation of bids and proposals from pool of qualified electrical contractors. o Review bids received by owner. o EOPCC is not anticipated to exceed statutory limit of public procurement laws. Proposals will be solicited from a minimum of three Electrical Contractors by invitation only. · Exceptions o Construction Phase Services including review of control panel submittals are not included in this proposal. o Electrical design associated with installation of new control panel and extending wiring to new control panel. o Programming and Control Panel Installation. 368 Task Order 2 | Attachment 1 P05097-2021-006 – Bozeman Lyman WTP Panel Design Page 2 of 3 Personnel† Name Labor Classification James Sletten I&C Technician IV Jason Salber Engineer III Nick Ackerman, PE Engineer III Michael Woessner I&C Technician II Adam Wahler, PE Engineer V Ian Smith Engineering Technician III †The Labor Categories of Personnel assigned to this Task Order shall be subject to adjustment annually (as of January 1) to reflect equitable changes in the compensation payable to Consultant. This adjustment will not increase the total estimated compensation amount unless approved in writing by the City. Fee Estimate Summary: 369 Task Order 2 | Attachment 1 P05097-2021-006 – Bozeman Lyman WTP Panel Design Page 3 of 3 ADVANCED ENGINEERING AND ENVIRONMENTAL SERVICES, LLC 2021 HOURLY FEE AND EXPENSE SCHEDULE Labor Rates* Administrative I $60.00 Administrative II $73.00 Administrative III $88.00 Engineering Assistant 1 $73.00 Engineering Assistant 2 $88.00 Engineering Assistant 3 $110.00 Engineer I $119.00 Engineer II $141.00 Engineer III $168.00 Engineer IV $193.00 Engineer V $205.00 Engineer VI $223.00 Engineer VII $241.00 Engineer VIII $250.00 Engineering Technician I $72.00 Engineering Technician II $92.00 Engineering Technician III $112.00 Engineering Technician IV $126.00 Engineering Technician V $143.00 Engineering Technician VI $158.00 Engineering Technician VII $175.00 Engineering Technician VIII $186.00 I&C Assistant $88.00 I&C Technician I $108.00 I&C Technician II $122.00 I&C Technician III $136.00 I&C Technician IV $147.00 I&C Technician V $160.00 I&C Specialist $174.00 I&C Senior Specialist $185.00 I&C Manager $193.00 IT I $111.00 IT II $151.00 IT III $181.00 Operations Specialist I $89.00 Operations Specialist II $108.00 Operations Specialist III $133.00 Operations Specialist IV $150.00 Operations Specialist V $175.00 Project Manager I $179.00 Project Manager II $196.00 Project Manager III $216.00 Project Manager IV $231.00 Reimbursable Expense Rates Transportation $0.65/mile Laser Printouts/Photocopies $0.30/copy UAS - Photo/Video Grade $100.00/day All-Terrain Vehicle/Boat $100.00/day Cellular Modem $75.00/month Web Hosting $26.00/month Legal Services Reimbursement $238.00/hour Outside Services cost x 1.10 Geotechnical Services cost x 1.30 Out of Pocket Expenses cost x 1.10 Project Specific Equipment Negotiable * Position titles are for labor rate grade purposes only. These rates are subject to adjustment each year on January 1. 370 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Scott Shirley, Interim Public Works Director SUBJECT:Authorize City Manager to Sign an Amendment Number 2 to the Professional Services Agreement with Robert Peccia and Associates for the Sourdough Transmission Main Phase 2 Project MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Authorize City Manager to sign Amendment Number 2 to the Professional Services Agreement with Robert Peccia and Associates for the Sourdough Transmission Main Phase 2 Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of the partially executed Amendment No. 2 with Robert Peccia and Associates for the Sourdough Transmission Main Phase 2 Project. The document is in the City’s standard format. The original Professional Services Agreement was only for the predesign services and the first amendment added the remaining design phase services. Those phases are now all complete and the project is out to bid. This amendment is primarily to add the bidding and construction phase services. The bidding and construction phases are paid on a time and materials basis, so only those hours needed to complete the project will be compensated. The other item that is added through this amendment is for the completion of a Uniform Application for a loan from the State Revolving Fund (SRF) and the completion of an application for a grant from the American Rescue Plan Act (ARPA). If we are successful in getting the grant, it will be used to fund the construction project, otherwise, we will continue with the SRF loan as originally planned. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:$290,958 from either an ARPA grant or and SRF loan. Department service for this project is included in the Water Impact Fee CIP if a loan is utilized. 371 Attachments: Amendment 2 Sourdough Phase 2 - 30-Inch Tran. Main Funding, Bidding, and Construction RP 6-29-2021.pdf Report compiled on: June 30, 2021 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Scott Shirley, Interim Public Works Director SUBJECT:Resolution 5314, Authorizing Change Order Number 3 with COP Construction for the Davis Lane Lift Station and Norton East Ranch Outfall Sewer Project MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Adopt Resolution 5314, authorizing Change Order Number 3 with COP Construction for the Davis Lane Lift Station and Norton East Ranch Outfall Sewer Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of resolution 5314 and change order number 3 for the above referenced project. On April 2, 2021 COP Construction submitted a change proposal request to the Engineer for delays due to the Covid-19 Pandemic. In it they asked for and additional $3,023.26 per day in additional compensation and an open ended request for contract extension granting all days necessary to complete the project. In accordance with the contract documents, the Engineer reviewed the request and provided a written decision on April 19, 2021. That decision stated that the Contractor was due no additional compensation but was entitled to a contract extension of 20 days. By contract, the Contractor or the City could have appealed this decision by submitting a claim within 30 days of the date of the decision, but neither party did. Because there was no appeal, that decision then became final and binding. The Contractor disagrees with the Engineers decision and the procedural issues. As a result they have refused to sign the change order. The contract allows for issuance of a unilateral change order in cases where a decision has become final and binding as is the case here. There is no change in contract price with this change. There is an increase in the contract time of 20 days. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The city will have to pay the additional construction engineering costs 393 associated with the contract time extension. Attachments: CO3-resolution.doc Change Order No. 3.pdf Report compiled on: June 30, 2021 394 1 of 2 COMMISSION RESOLUTION NO. 5314 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH COP CONSTRUCTION, BILLINGS, MONTANA. WHEREAS,the City Commission did, on the 1st day of June 2020, authorize award of the bid for the Davis Lane Lift Station and Norton East Ranch Outfall Sewer Project to COP Construction, Billings, Montana; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS,it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and COP Construction, as contained in Change Order No. 3, 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. 395 Resolution No. 5314, Change Order 3 for Davis Lane Lift Station and Norton East Ranch Outfall Sewer Project 2 of 2 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of July, 2021. __________________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _____________________________________________ GREG SULLIVAN City Attorney 396 EJCDC® C-941, Change Order. Prepared and published 2013 by the Engineers Joint Contract Documents Committee. Page 1 of 1 Change Order No. 03 Date of Issuance: Effective Date: 5/27/2021 Owner: City of Bozeman Owner's Contract No.: Contractor: COP Construction Contractor’s Project No.: Engineer: HDR Engineering Engineer's Project No.: 10156423 Project: Davis Lane Lift Station and Norton Ranch Sewer The Contract is modified as follows upon execution of this Change Order: Description: This CPR increases the contract time of the project by 20 calendar days, consistent with the letter to COP Construction dated 4/19/2021. This letter is included as an attachment to this CPR. Attachments: 4/2/2021 COP Schedule Letter, 4/19/2021 HDR Schedule Letter CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES Original Contract Price: Original Contract Times: 240 days Substantial Completion: 240 days $16,487,487.00 Ready for Final Payment: days or dates Increase from previously approved Change Orders No. 1 to No. 2: Increase from previously approved Change Orders No. 1 to No. 2: Substantial Completion: 7 days $148,672.47 Ready for Final Payment: NA days or dates Contract Price prior to this Change Order: Contract Times prior to this Change Order: Substantial Completion: 247 days $16,636,159.47 Ready for Final Payment: 277 days or dates Increase of this Change Order: Increase of this Change Order: Substantial Completion: 20 days $0.00 Ready for Final Payment: 20 days days or dates Contract Price incorporating this Change Order: Contract Times with all approved Change Orders: Substantial Completion: 267 days $16,636,159.47 Ready for Final Payment: 297 days or dates RECOMMENDED: ACCEPTED: ACCEPTED: By: By: By: Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature) Title: Title: Title: Date: Date : Date: Project Manager 5/28/2021 397 April 2, 2021 Coralynn Revis HDR 2150 Analysis Dr Ste A Bozeman, MT 59718 RE: Davis Lane Contract Time Extension- Change Proposal Request Davis Lane Lift Station & Norton East Ranch Outfall Sewer Project COP Project No. 20106 Dear Mrs. Revis, The below information is a request for additional contract time and costs due to the COVID-19 schedule delays on the Davis Lane Lift Station and East Ranch Outfall Sewer Project Schedule. During the bidding process it was stated at the pre bid meeting on March 25, 2020 that any delays related to the COVID-19 pandemic would be addressed at the time of the delay. Guidance from the City of Bozeman was given to proceed with bidding as if the project could progress without any interruption or delay in material procurement. Before construction began COP Construction LLC (COP) set up a meeting on June 12, 2020 to discuss schedule impacts relating to material delays to determine how the City of Bozeman would like to proceed. COP received very little guidance and sent follow up emails sent on June 15, 2020 and June 30, 2020. The response in an email from Bob Murray on July 14, 2020 then stated that the City of Bozeman wanted the contract to proceed and shut down after the pipe work was completed to be taken. A letter following up this email was then issued on December 18, 2020 stating, that the city is in a general disagreement with a contract extension due to COP’s continued work on critical path items in lieu of the use of an available winter shut down. On January 29, 2021 COP took a winter shutdown to try and preserve as much contract time as possible due to the delay of the micro tunnel which caused delays in other work which was originally scheduled to progress without a winter shutdown. However, the contract does not state a winter shutdown must be taken due to delays which are caused by events outside of the contractors control. Originally the micro tunnel was scheduled to begin on August 31, 2020 and be completed by November 6, 2020. Due to the COVID-19 pandemic the casing material delivery dates were pushed from 8 weeks to 16 weeks per the letter from Trinity Products and the email from Primoris Services Corporation. 398 The change in the casing delivery schedule put the starting time of the micro tunnel into a time of year that it could not be completed due to freezing conditions. If it were not for the delay of the casing pipe the micro tunnel could have been started and completed within the original contract times allowing float on this activity in case of delays relating to installation. In Article 4.05 C. it states that if the Contractor’s performance or progress is delayed, disrupted, or interfered with by the unanticipated causes not the fault of and beyond the control of Owner, Contractor and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in contract times. Also, under Article 4.05 C. 1. it lists epidemics as being a reason for contract time extensions due to uncontrollable delays. In delaying the micro tunnel and not being able to complete it concurrently it has made it so that COP is incurring additional costs due to the delay in work. The costs are $3,023.26/ day and they are outlined in the attached pricing sheet. If the work were able to run concurrently as planned management and equipment time would have not been increased due to multiple activities being able to be completed at once. Due to the additional time required to complete the project COP is requesting that all days above the 54 remaining contract days which are required for the micro tunnel, startup, and final tie-in work be reimbursed to COP. Attached is a schedule outlining anticipated delays. If the Covid-19 pandemic had not occurred, the project would have been able to progress as bid per the direction of the City of Bozeman during the bidding process. Sincerely, Eric Smith Project Manager 399 Original Schedule 400 2020 2021 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 ID Description Original Duration Start Finish COP Pipe Crew 05 Dewatering 64 06/01/20 08/27/20 10 Set MH 24, Start MH23 3 06/15/20 06/17/20 20 Set MH 23, Sewer main to 87+08 3 06/18/20 06/22/20 30 Set MH 22, Sewer main to 83+33 3 06/23/20 06/25/20 40 Set MH21, Sewer main to 79+58 3 06/26/20 06/30/20 50 Sewer main to 75+08 3 07/01/20 07/03/20 60 Set MH20, Sewer main to 71+33 3 07/06/20 07/08/20 70 Set MH19, Sewer main to 67+58 3 07/09/20 07/13/20 80 Sewer main to 63+08 3 07/14/20 07/16/20 90 Set MH18, Sewer main to 59+33 3 07/17/20 07/21/20 100 Set MH17, Sewer main to 55+58 3 07/22/20 07/24/20 110 Sewer main to 51+08 3 07/27/20 07/29/20 120 Set MH16, Sewer main to 47+33 3 07/30/20 08/03/20 130 Set MH15, Sewer main to 43+58 3 08/04/20 08/06/20 140 Set MH14 & MH13, Sewer main to 40+58 3 08/07/20 08/11/20 150 Sewer main to 36+08 3 08/12/20 08/14/20 160 Set MH12, Sewer main to 32+33 3 08/17/20 08/19/20 170 Sewer main up to MH11, Start MH11 3 08/20/20 08/24/20 180 Set MH11, Sewer main to 24+08 3 08/25/20 08/27/20 190 Set MH10 & MH9 3 08/28/20 09/01/20 200 Set MH8, Start MH7 3 09/02/20 09/04/20 210 Set MH7 & MH6, Sewer main to 15+81 3 09/07/20 09/09/20 220 Set MH5, Sewer main to 12+06 3 09/10/20 09/14/20 230 Set MH4, Sewer main up to 8+31 3 09/15/20 09/17/20 240 Set MH3, Sewer main up to 4+56 3 09/18/20 09/22/20 250 Set MH2, Sewer main up to 0+81 3 09/23/20 09/25/20 260 Set MH1A & MH1, Clean up 3 09/28/20 09/30/20 280 Set MH34 & MH33, Sewer to 127+83 3 07/20/20 07/22/20 290 Sewer up to MH32, Start MH32 3 07/23/20 07/27/20 300 Set MH32, Start MH31 3 07/28/20 07/30/20 310 Set MH31, Sewer to 115+83 3 07/31/20 08/04/20 320 Set MH30, Sewer to 112+08 3 08/05/20 08/07/20 330 Set MH29 & MH28, Sewer to 109+07 3 08/10/20 08/12/20 340 Sewer to 104+57 3 08/13/20 08/17/20 350 Set MH27 & MH26, Sewer to 101+57 3 08/18/20 08/20/20 360 Set MH25, Sewer to 97+82 3 08/21/20 08/25/20 370 Sewer up to MH24, Tie on to MH24 3 08/26/20 08/28/20 380 Water Main from 130+50 to 123+00 3 08/31/20 09/02/20 390 Water Main from 123+00 to 115+50 3 09/03/20 09/07/20 400 Water Main to existing GV, Install 1` Hydrant 3 09/08/20 09/10/20 Project StartProject FinishDewatering Set MH 24, Start MH23 Set MH 23, Sewer main to 87+08 Set MH 22, Sewer main to 83+33 Set MH21, Sewer main to 79+58 Sewer main to 75+08 Set MH20, Sewer main to 71+33 Set MH19, Sewer main to 67+58 Sewer main to 63+08 Set MH18, Sewer main to 59+33 Set MH17, Sewer main to 55+58 Sewer main to 51+08 Set MH16, Sewer main to 47+33 Set MH15, Sewer main to 43+58 Set MH14 & MH13, Sewer main to 40+58 Sewer main to 36+08 Set MH12, Sewer main to 32+33 Sewer main up to MH11, Start MH11 Set MH11, Sewer main to 24+08 Set MH10 & MH9 Set MH8, Start MH7 Set MH7 & MH6, Sewer main to 15+81 Set MH5, Sewer main to 12+06 Set MH4, Sewer main up to 8+31 Set MH3, Sewer main up to 4+56 Set MH2, Sewer main up to 0+81 Set MH1A & MH1, Clean up Set MH34 & MH33, Sewer to 127+83 Sewer up to MH32, Start MH32 Set MH32, Start MH31 Set MH31, Sewer to 115+83 Set MH30, Sewer to 112+08 Set MH29 & MH28, Sewer to 109+07 Sewer to 104+57 Set MH27 & MH26, Sewer to 101+57 Set MH25, Sewer to 97+82 Sewer up to MH24, Tie on to MH24 Water Main from 130+50 to 123+00 Water Main from 123+00 to 115+50 Water Main to existing GV, Install 1` Hydrant Page 1A 401 2020 2021 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 ID Description Original Duration Start Finish 410 Install 3 Hydrants 1 09/11/20 09/11/20 420 74 lf of 36" PVC SD 1 09/14/20 09/14/20 430 72" SDMH & 27x44" Arch 1 09/15/20 09/15/20 440 18" RCP Culvert 1 09/16/20 09/16/20 441 Force Mains to 4+50 3 09/17/20 09/21/20 442 Force Mains to 9+00 3 09/22/20 09/24/20 443 Force Mains to 13+50 3 09/25/20 09/29/20 444 Force Mains to 18+00 3 09/30/20 10/02/20 445 Force Mains to 22+50 3 10/05/20 10/07/20 446 Force Mains to 27+00 3 10/08/20 10/12/20 447 Force Mains to 31+50 3 10/13/20 10/15/20 448 Force Mains to end & set MH36 4 10/16/20 10/21/20 Prep Crew 450 Paving Prep Catamount to Cattail 15 07/14/20 08/03/20 460 Paving Prep Cattail to School 10 08/07/20 08/20/20 465 Paving Prep Microtunnel to Catamount 15 08/21/20 09/10/20 470 Paving Prep Arabian Ave 10 09/15/20 09/28/20 480 Prep Paving for Baxter 4 10/01/20 10/06/20 No value assigned 1000 Excavate Site to Workbench Elevations 10 06/01/20 06/12/20 1010 Jet Dewatering Wells 5 06/15/20 06/19/20 1020 Set Up Temp Power 1 06/01/20 06/01/20 1030 Drill/Set King Pile 10 06/22/20 07/03/20 1040 Drill and Set Sheet Pile 10 07/06/20 07/17/20 1050 Excavate Wet Well Subgrade 10 07/20/20 07/31/20 1060 Subgrade Prep 2 08/03/20 08/04/20 1070 Form Wet Well Footer/Tie Rebar/Place Waterstop 5 08/05/20 08/11/20 1080 Pour Wet Well Footer 1 08/12/20 08/12/20 1090 Form Wet Well Wall/Tie Rebar/Electrician 15 08/18/20 09/07/20 1100 Pour Wet Well Walls 1 09/11/20 09/11/20 1110 Strip Wet Well Walls/Patch Exterior Walls 5 09/14/20 09/18/20 1120 Pull Sheet Piles & Backfill 10 10/09/20 10/22/20 1130 Form Fillet Walls/Tie Rebar Lift Station 10 09/21/20 10/02/20 1140 Pour Wet Well Fillets 1 10/05/20 10/05/20 1150 Strip Wet Well Fillets/Point & Patch 5 10/15/20 10/21/20 1160 Chaulk Joints 2 10/22/20 10/23/20 1170 Leak Test 3 10/26/20 10/28/20 1180 Form Wet Well Deck/Tie Rebar/Set Hatches/Electrician10 10/29/20 11/11/20 1190 Pour Wet Well Deck 1 11/12/20 11/12/20 1200 Strip Wet Well Deck 2 12/14/20 12/15/20 1210 Final Clean Up 1 12/16/20 12/16/20 Project StartProject FinishInstall 3 Hydrants 74 lf of 36" PVC SD 72" SDMH & 27x44" Arch 18" RCP Culvert Force Mains to 4+50 Force Mains to 9+00 Force Mains to 13+50 Force Mains to 18+00 Force Mains to 22+50 Force Mains to 27+00 Force Mains to 31+50 Force Mains to end & set MH36 Paving Prep Catamount to Cattail Paving Prep Cattail to School Paving Prep Microtunnel to Catamount Paving Prep Arabian Ave Prep Paving for Baxter Excavate Site to Workbench Elevations Jet Dewatering Wells Set Up Temp Power Drill/Set King Pile Drill and Set Sheet Pile Excavate Wet Well Subgrade Subgrade Prep Form Wet Well Footer/Tie Rebar/Place Waterstop Pour Wet Well Footer Form Wet Well Wall/Tie Rebar/Electrician Pour Wet Well Walls Strip Wet Well Walls/Patch Exterior Walls Pull Sheet Piles & Backfill Form Fillet Walls/Tie Rebar Lift Station Pour Wet Well Fillets Strip Wet Well Fillets/Point & Patch Chaulk Joints Leak Test Form Wet Well Deck/Tie Rebar/Set Hatches/Electrician Pour Wet Well Deck Strip Wet Well Deck Final Clean Up Page 2A 402 2020 2021 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 25 1 8 15 22 29 6 13 20 27 3 10 17 24 31 7 14 21 28 5 12 19 26 2 9 16 23 30 7 14 21 28 4 11 18 25 1 8 15 22 1 8 ID Description Original Duration Start Finish 1220 Epoxy Wet Well 2 12/17/20 12/18/20 1230 Wet Well Process Piping 10 12/21/20 01/01/21 1240 Underground Piping/Set Pour 10 08/03/20 08/14/20 1250 Backfill to Footer Subgrade 2 08/17/20 08/18/20 1260 Form Footer/Tie Rebar 3 08/19/20 08/21/20 1270 Pour Lift Station & Footers 1 08/24/20 08/24/20 1280 Form/Rebar Stem Walls & Electrician 3 08/25/20 08/27/20 1290 Pour Stem Walls 1 08/28/20 08/28/20 1300 Rough In MEP 3 08/31/20 09/02/20 1310 Subgrade Lift Station Pad 2 09/14/20 09/15/20 1320 Form Slab/Tie Rebar/Set Drains/Pipe Sleeves 4 09/16/20 09/21/20 1330 Pour Lift Station Slab & Generator Pad 1 09/22/20 09/22/20 1340 Mason Lift Station Wall 15 09/23/20 10/13/20 1350 Interior Process Piping 10 09/23/20 10/06/20 1360 Roofer/Lift Station 10 10/14/20 10/27/20 1370 Paint Exterior Masonry, Process Piping, Roof Joists, & Interior510/28/20 11/03/20 1380 Electrician for Main Installation 10 11/04/20 11/17/20 1390 Painter 5 11/18/20 11/24/20 1400 Startup 10 01/04/21 01/15/21 1405 Final Clean Up 7 01/18/21 01/26/21 1410 Rough Carpentry/Doors/Windows/Overhead Doors10 10/14/20 10/27/20 1420 Site Work - Bollards & Landscaping 10 10/14/20 10/27/20 1430 Microtunnel Materials Arrive 5 08/25/20 08/31/20 1440 Microtunnel 50 08/31/20 11/06/20 2000 End of Contract Time 0 01/26/21A 2005 COP Install Utilities in Micro Tunnel 10 11/09/20 11/20/20 2015 Finish Water and Sewer Tie Ins 5 11/23/20 11/27/20 Project StartProject FinishEpoxy Wet Well Wet Well Process Piping Underground Piping/Set Pour Backfill to Footer Subgrade Form Footer/Tie Rebar Pour Lift Station & Footers Form/Rebar Stem Walls & Electrician Pour Stem Walls Rough In MEP Subgrade Lift Station Pad Form Slab/Tie Rebar/Set Drains/Pipe Sleeves Pour Lift Station Slab & Generator Pad Mason Lift Station Wall Interior Process Piping Roofer/Lift Station Paint Exterior Masonry, Process Piping, Roof Joists, & Interior Electrician for Main Installation Painter Startup Final Clean Up Rough Carpentry/Doors/Windows/Overhead Doors Site Work - Bollards & Landscaping Microtunnel Materials Arrive Microtunnel End of Contract Time COP Install Utilities in Micro Tunnel Finish Water and Sewer Tie Ins Page 3A 403 Updated Schedule With Delays 404 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep20202021ID DescriptionOriginalDurationStart FinishCOP Pipe Crew05 Dewatering6407/20/20A12/04/20A10 Set MH 24, Start MH23 308/18/20A08/21/20A20 Set MH 23, Sewer main to 87+08 308/21/20A08/25/20A30 Set MH 22, Sewer main to 83+33 308/26/20A08/31/20A40 Set MH21, Sewer main to 79+58 309/01/20A09/08/20A50 Sewer main to 75+08 309/08/20A09/11/20A60 Set MH20, Sewer main to 71+33 309/14/20A09/21/20A70 Set MH19, Sewer main to 67+58 309/22/20A09/25/20A80 Sewer main to 63+08 309/28/20A10/02/20A90 Set MH18, Sewer main to 59+33 310/05/20A10/09/20A100 Set MH17, Sewer main to 55+58 310/12/20A10/14/20A110 Sewer main to 51+08 310/15/20A10/19/20A120 Set MH16, Sewer main to 47+33 310/20/20A10/21/20A130 Set MH15, Sewer main to 43+58 310/22/20A10/22/20A140Set MH14 & MH13, Sewer main to 40+58310/23/20A10/23/20A150 Sewer main to 36+08 4210/26/20A10/27/20A160 Set MH12, Sewer main to 32+33 310/28/20A10/30/20A170 Sewer main up to MH11, Start MH11 311/02/20A11/04/20A180 Set MH11, Sewer main to 24+08 311/05/20A11/09/20A190 Set MH10 & MH9 311/10/20A11/12/20A200 Set MH8, Start MH7 311/13/20A11/17/20A210 Set MH7 & MH6, Sewer main to 15+81 311/18/20A11/20/20A220 Set MH5, Sewer main to 12+06 311/23/20A12/01/20A230 Set MH4, Sewer main up to 8+31 311/05/20A11/09/20A240 Set MH3, Sewer main up to 4+56 311/10/20A11/12/20A250 Set MH2, Sewer main up to 0+81 311/13/20A11/25/20A260 Set MH1A & MH1, Clean up 311/30/20A12/18/20A280 Set MH34 & MH33, Sewer to 127+83 308/06/20A08/10/20A290 Sewer up to MH32, Start MH32 308/10/20A08/12/20A300 Set MH32, Start MH31 308/12/20A08/15/20A310 Set MH31, Sewer to 115+83 308/17/20A08/19/20A320 Set MH30, Sewer to 112+08 308/19/20A08/25/20A330 Set MH29 & MH28, Sewer to 109+07 308/26/20A08/28/20A340 Sewer to 104+57 308/31/20A09/01/20A350 Set MH27 & MH26, Sewer to 101+57 309/01/20A09/03/20A360 Set MH25, Sewer to 97+82 309/03/20A09/09/20A370 Sewer up to MH24, Tie on to MH24 309/09/20A09/10/20A380 Water Main from 130+50 to 123+00 309/10/20A09/14/20A390 Water Main from 123+00 to 115+50 309/15/20A09/16/20A400Water Main to existing GV, Install 1` Hydrant309/17/20A09/21/20AProject StartProject FinishDewateringSet MH 24, Start MH23Set MH 23, Sewer main to 87+08Set MH 22, Sewer main to 83+33Set MH21, Sewer main to 79+58Sewer main to 75+08Set MH20, Sewer main to 71+33Set MH19, Sewer main to 67+58Sewer main to 63+08Set MH18, Sewer main to 59+33Set MH17, Sewer main to 55+58Sewer main to 51+08Set MH16, Sewer main to 47+33Set MH15, Sewer main to 43+58Set MH14 & MH13, Sewer main to 40+58Sewer main to 36+08Set MH12, Sewer main to 32+33Sewer main up to MH11, Start MH11Set MH11, Sewer main to 24+08Set MH10 & MH9Set MH8, Start MH7Set MH7 & MH6, Sewer main to 15+81Set MH5, Sewer main to 12+06Set MH4, Sewer main up to 8+31Set MH3, Sewer main up to 4+56Set MH2, Sewer main up to 0+81Set MH1A & MH1, Clean upSet MH34 & MH33, Sewer to 127+83Sewer up to MH32, Start MH32Set MH32, Start MH31Set MH31, Sewer to 115+83Set MH30, Sewer to 112+08Set MH29 & MH28, Sewer to 109+07Sewer to 104+57Set MH27 & MH26, Sewer to 101+57Set MH25, Sewer to 97+82Sewer up to MH24, Tie on to MH24Water Main from 130+50 to 123+00Water Main from 123+00 to 115+50Water Main to existing GV, Install 1` HydrantPage 1A405 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep20202021ID DescriptionOriginalDurationStart Finish410 Install 3 Hydrants 109/22/20A09/23/20A415Rebuild Davis Valley Center to Trout Meadows 1509/24/20A10/02/20A417 Dewater Arabian - Baxter 1010/12/20A11/04/20A420 74 lf of 36" PVC SD 110/12/20A10/12/20A430 72" SDMH & 27x44" Arch 110/13/20A10/15/20A440 18" RCP Culvert 112/15/20A12/15/20A441 Force Mains to 4+50 1511/16/20A11/17/20A442 Force Mains to 9+00 311/18/20A11/19/20A443 Force Mains to 13+50 311/20/20A11/24/20A444 Force Mains to 18+00 311/30/20A12/02/20A445 Force Mains to 22+50 312/03/20A12/04/20A446 Force Mains to 27+00 312/07/20A12/09/20A447 Force Mains to 31+50 312/10/20A12/14/20A448 Force Mains to end & set MH36 412/15/20A12/17/20A449 Test Force Mains 301/04/21A01/13/21APrep Crew450 Paving Prep Trout Medows to Cattail 1509/14/20A10/02/20A470 Paving Prep Arabian Ave 1011/30/20A12/03/20A475 Restore Vegetated Areas 20 04/05/21 04/30/21480 Prep and Pave Project 20 04/12/21 05/07/21490 Build Trail in School Property 1011/23/20A12/18/20ANo value assigned1000 Excavate Site to Workbench Elevations 1007/20/20A07/24/20A1010 Jet Dewatering Wells 507/28/20A07/30/20A1020 Set Up Temp Power 109/10/20A09/10/20A1030 Drive Sheets 1008/01/20A08/17/20A1050 Excavate Wet Well Subgrade 1008/18/20A09/04/20A1060 Subgrade Prep409/08/20A09/11/20A1070Form Wet Well Footer/Tie Rebar/Place Waterstop509/14/20A09/18/20A1080 Pour Wet Well Footer 109/21/20A09/21/20A1090Form Wet Well Wall/Tie Rebar/Electrician1809/28/20A10/07/20A1100 Pour Wet Well Walls 110/08/20A10/08/20A1110Strip Wet Well Walls/Patch Exterior Walls510/19/20A10/23/20A1120Pull Sheet Piles & Backfill Rough in Lift station Grade 1001/04/21A01/15/21A1130 Form Fillet Walls/Tie Rebar Lift Station 1010/28/20A12/07/20A1140 Pour Wet Well Fillets 112/08/20A12/09/20A1150 Strip Wet Well Fillets/Point & Patch 512/09/20A12/11/20A1160 Chaulk Joints212/14/20A12/15/20A1170 Leak Test612/18/20A12/25/20A1180Form Wet Well Deck/Tie Rebar/Set Hatches/Electrician1001/18/21A01/26/21A1190 Pour Wet Well Deck 101/27/21A01/27/21AProject StartProject FinishInstall 3 HydrantsRebuild Davis Valley Center to Trout Meadows Dewater Arabian - Baxter 74 lf of 36" PVC SD72" SDMH & 27x44" Arch18" RCP CulvertForce Mains to 4+50Force Mains to 9+00Force Mains to 13+50Force Mains to 18+00Force Mains to 22+50Force Mains to 27+00Force Mains to 31+50Force Mains to end & set MH36Test Force Mains Paving Prep Trout Medows to CattailPaving Prep Arabian AveRestore Vegetated Areas Prep and Pave Project Build Trail in School Property Excavate Site to Workbench ElevationsJet Dewatering WellsSet Up Temp PowerDrive Sheets Excavate Wet Well SubgradeSubgrade PrepForm Wet Well Footer/Tie Rebar/Place WaterstopPour Wet Well FooterForm Wet Well Wall/Tie Rebar/ElectricianPour Wet Well WallsStrip Wet Well Walls/Patch Exterior WallsPull Sheet Piles & Backfill Rough in Lift station Grade Form Fillet Walls/Tie Rebar Lift StationPour Wet Well FilletsStrip Wet Well Fillets/Point & PatchChaulk JointsLeak TestForm Wet Well Deck/Tie Rebar/Set Hatches/ElectricianPour Wet Well DeckPage 2A406 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep20202021ID DescriptionOriginalDurationStart Finish1200 Strip Wet Well Deck 504/05/21A04/09/211210 Final Clean Up504/12/21A04/16/21A1220 Epoxy Wet Well 10 04/05/21 04/16/211230 Wet Well Process Piping 5 04/19/21 04/23/211235Final Gradding/ Restoration around Lift Station 5 04/26/21 04/30/211237 Start Up of Functioning Equipment 2 05/03/21 05/04/211240 Underground Piping/Set Pour 1008/24/20A09/01/20A1250 Backfill to Footer Subgrade 209/02/20A09/02/20A1260 Form Footer/Tie Rebar 309/03/20A09/04/20A1270 Pour Lift Station & Footers 109/08/20A09/08/20A1280 Form/Rebar Stem Walls & Electrician 309/09/20A09/10/20A1290 Pour Stem Walls 109/11/20A09/11/20A1300 Rough In MEP309/21/20A10/09/20A1310 Subgrade Lift Station Pad 110/12/20A10/13/20A1320Form Slab/Tie Rebar/Set Drains/Pipe Sleeves410/14/20A10/14/20A1330 Pour Lift Station Slab & Generator Pad 110/15/20A10/15/20A1340 Mason Lift Station Wall 1010/26/20A11/23/20A1350 Interior Process Piping 1011/09/20A11/20/20A1360 Roofer/Lift Station 1011/23/20A01/08/21A1380 Electrician for Main Installation 35 04/05/21 05/21/211400 Startup3 07/05/21 07/07/211410Rough Carpentry/Doors/Windows/Overhead Doors3501/04/21A01/29/21A1420 Site Work - Bollards & Landscaping 10 04/05/21 04/16/211430 Microtunnel Materials Arrive 1001/11/21A01/22/21A1440 Microtunnel50 04/05/21 06/11/212000 End of Contract Time 005/24/21A2002 Begining winter Shutdown 001/29/21A2003 End Winter Shutdown 004/01/21A2005 COP Install Utilities in Micro Tunnel 10 06/14/21 06/25/212015 Finish Water and Sewer Tie Ins 5 06/28/21 07/02/21Project StartProject FinishStrip Wet Well DeckFinal Clean UpEpoxy Wet WellWet Well Process PipingFinal Gradding/ Restoration around Lift Station Start Up of Functioning Equipment Underground Piping/Set PourBackfill to Footer SubgradeForm Footer/Tie RebarPour Lift Station & FootersForm/Rebar Stem Walls & ElectricianPour Stem WallsRough In MEPSubgrade Lift Station PadForm Slab/Tie Rebar/Set Drains/Pipe SleevesPour Lift Station Slab & Generator PadMason Lift Station WallInterior Process PipingRoofer/Lift StationElectrician for Main InstallationStartupRough Carpentry/Doors/Windows/Overhead DoorsSite Work - Bollards & LandscapingMicrotunnel Materials ArriveMicrotunnelEnd of Contract TimeBegining winter ShutdownEnd Winter ShutdownCOP Install Utilities in Micro Tunnel Finish Water and Sewer Tie Ins Page 3A407 408 1 Eric Smith From:Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent:Tuesday, July 14, 2020 2:30 PM To:Eric Smith Subject:FW: Covid-19 Delays WARNING: PLEASE USE CAUTION. THIS EMAIL ORIGINATED FROM OUTSIDE THE COP CONSTRUCTION ORGANIZATION. Coralynn Revis, PE D 406.532.2219 hdrinc.com/follow-us From: Bob Murray [mailto:BMurray@BOZEMAN.NET] Sent: Tuesday, July 14, 2020 1:49 PM To: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Cc: Tim Pirtz <tpirtz@sandersonstewart.com> Subject: RE: Covid-19 Delays CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Although it is not an overwhelming case that’s been made, I could see a recommendation to the commission that this meets the criteria in section 4.05.C.1, but there is still a big disconnect in my opinion that needs justification. After all, they say it is no cost, but by approving this change, we will be committing to some level of inspection for an additional 4 months. In reviewing the schedules they provided, the original had a duration of 176 days for the wet well and lift station (from excavate to workbench – Painter), but the revised one has gone up to 259 days. A difference of 83 days, or the majority of the request. Since all of the lift station of that work is after the 1st of the year, the delays pointed to by the electrician don’t explain the change. They have made an all or nothing request – either give them an extension and let them work through the winter basically at their own pace, or wait to start until next year. I still feel that there is a middle ground that is very workable and what I thought they were requesting right from the beginning. Finish all of the pipe work as shown on their schedule, get the wet well done through their item 1190 and then shut down for the rest of the winter. The rest of the lift station work can then be done concurrently with the mirotunnel in the spring. We may need to give a short extension, but it would be significantly less than the 50% increase they are asking for now. From: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent: Friday, July 10, 2020 10:29 AM To: Bob Murray <BMurray@BOZEMAN.NET> Cc: Tim Pirtz <tpirtz@sandersonstewart.com> Subject: FW: Covid-19 Delays Bob, Please find the attached formal request from COP for the increase in project time. Thank you, Cora 409 2 Coralynn Revis, PE D 406.532.2219 hdrinc.com/follow-us From: Eric Smith [mailto:esmith@copconstruction.com] Sent: Friday, July 10, 2020 9:31 AM To: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Cc: Sam Bower <sbower@copconstruction.com> Subject: Covid-19 Delays CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cora, Please find attached the letter and correspondence requesting additional contract time due to Covid-19 delays. Please let me know if you have any questions. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 410 1 Eric Smith From:Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent:Wednesday, July 8, 2020 12:20 PM To:Eric Smith Subject:RE: Davis Schedule Attachments:schedule sections.pdf WARNING: PLEASE USE CAUTION. THIS EMAIL ORIGINATED FROM OUTSIDE THE COP CONSTRUCTION ORGANIZATION. Eric, Thank you for the information. I need a little more on the specifics per the contract and suggest a formal letter to the City with all of the documentation. We need two versions of the schedule, one that shows your original plan and completing the critical path within the time allotted and then the critical path being impacted and updated per your email and documentation. I’ve attached the relevant section of the specs for your reference as you gather the materials. In summary, a formal request stating: · What was assumed during the bid, and what formal correspondence or communications can you provide that substantiates their original assumption? · What has changed that impacts the original baseline schedule that showed completion of the contract within the times in the Agreement? What do those changes do to the Critical Path, and is a Contract Change supported. · Were the changes claimed out of the control of the Contractor? This will need to be substantiated through something formal from their suppliers and/or subcontractor I am guessing for the City to be able to accept. · The Contractor should in their written narrative clearly state whether any costs are associated with the Change, or whether the change in Contract Time can be addressed without a Change in Contract Price. There need to be bookends on their formal request. All needs to be very formal, and written in a letter request from the Contractor, as the City will need that for acceptance or denial. Thank you, Cora Coralynn Revis, PE D 406.532.2219 hdrinc.com/follow-us From: Eric Smith [mailto:esmith@copconstruction.com] Sent: Tuesday, July 7, 2020 2:42 PM To: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Subject: Davis Schedule CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cora, I have updated COP’s project schedule for the Davis Lift Station Project. With the concerns that I have expressed relating to delays due to Covid-19 the completion time for the project is going to be hard to do within the original contract time. During the bidding of the project it was anticipated that the micro tunnel work could run concurrently 411 2 with the project. With the project bidding on 4/15/20 the effects of the Covid-19 shutdowns were unknown on how it would affect all material deliveries. The micro tunnel sub-contractor which was used in both bids submitted for the project stated to COP during bid time that casing pipe had a lead time of 8 weeks. As of 7/7/20 the pipe has now pushed another 8 weeks to make a total lead time of 16 weeks following approved submittals. The lead time of the pipe has pushed the micro tunnel into a time of the year which they cannot complete the project due to below freezing temperatures. Also, please see the below email from Primoris stating problems due to restricted international travel and crews not being able to travel to complete the project until further notice. With delaying the start of the project this year to allow for time to be made up it will impact the original project schedule as all surface restoration will not be able to be completed and additional costs would be incurred if temporary surfacing was required. COP is not proposing adding any additional costs to the project due to the delays however adding contract time. COP and all the subcontractors involved have devoted a large portion of their schedules to this project this year as the contract sets specific start dates to imply construction is to begin 30 days following award. We are diligently trying to get updates on delivery times of materials and submittals. However with companies throughout the United States having different restrictions the submittal process has been slowed. One remaining major concern is all electrical and control equipment. Vertex Electric is meeting with their suppliers today to review delivery times of submittal and materials. I will forward all correspondence relating to changes in lead times from subs as I receive it. Please let me know if you have any further questions as COP would like to try and keep the schedule of starting 7/20/20. Eric, When we received our quote from the Steel Casing supplier on April 07,2020. The lead time for the material was 8 weeks. By the time we received the contracts and issued a Letter of Intent to our supplier it was June 22, 2020. Because of impacts at both the Steel Pipe Fabrication Shop and Pipe Coating Shops because of COVID 19 the lead time has jumped to 16 weeks. We are also having issues with International Travel Restrictions. Our equipment for this project is manufactured in Germany. All the tunneling equipment to be used on this project is currently in use across various locations in the Continental United States. The cutter head for this project will be fabricated in German and shipped to our Equipment Yard in Corona, Ca. The typical process is for our mechanics and operators to tear down and replace components of the MTBM that need repair or replacements. The cutter head is then mounted on the MTBM and the entire system is tested and run for several days. The issue we are facing is we typically have a technician from the factory in German come with a new cutter head to make sure the cutter wheel and equipment are all in balance and runs correctly. With the international travel restrictions we no longer have that ability. This problem is not unique to this project. Not only can’t we have the factory folks come over from Germany our USA based MTS Consultant is currently stuck in Germany. We have been working with the Department of Commerce and the German Consulate in Los Angeles to get some of the folks back to the States. I currently have a lead engineer and three tunnel operators banned from travel. · Andreas Thiele MTS Perforator USA Consultant ( MTS Perforator MTBM Manufacturer) is a Germany National was in Germany for sons birthday and is now currently prohibited from travel to the US · Steffen Dammsch Microtunnel Machine Operator is a Germany National in Germany and is now currently prohibited from travel to the US · Alexey Belogurov Microtunnel Machine Operator is a Germany National in Germany and is now currently prohibited from travel to the US · Polakov Gennadi Microtunnel Machine Operator is a Germany National in Germany and is now currently prohibited from travel to the US We have US based operators and mechanics all working to fill the gaps on all of our various ongoing projects and upcoming projects. However, the Covid 19 Travel Restrictions from Europe 412 3 is impacting our operations and project schedule. I will keep you in the loop on any updated as we navigate our way through the process with the Department of Commerce and the German Consulate. Steve Barry Primoris Services Corporation 2130 La Mirada Drive Vista, CA 92081 858-550-1460 – Office 858-550-1470 – Fax 949-316-5929 – Cell Sbarry@prim.com - Email www.prim.com "No business objective is so important that it will be pursued at the sacrifice of safety." Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 413 1 Eric Smith From:Eric Smith Sent:Wednesday, July 1, 2020 10:06 AM To:Revis, Coralynn Cc:Sam Bower Subject:Davis Schedule Cora, Per our conversation COP is requesting an extension of contract time due to material delivery delays and how it affects our subcontractors schedules on the project. Many delays such as the micro tunnel casing delivery being 12 weeks out after an approved submittal would push the start so late in the year that the sub is not able to tunnel due to winter conditions. The micro tunnel anticipated start would then be pushed until early April with approximately 10 weeks scheduled for the micro tunnel to be completed. Then the remainder of utility work in the tunnel for COP would push the schedule past the original contract time. Also, the controls and the generator are showing a 6 month lead time after approved submittals. With the large delivery delays it has made it so that we can not run many activities concurrently in our schedule therefore the project schedule would run over the original contract time. COP would like to start the project 7/20/20 to allow for the majority of the utility work to be installed before the end of the 2020 construction season. With using this approach it will allow for restoration to be completed this year on the majority of the project along with moving the project completion date up from the end of next year or early 2022 to the middle of summer 2021. With COP beginning this year a winter shutdown would not be very significant once winter sets in the focus would be inside the lift station building and getting all finish work completed and electrical work done to allow for the crafts to minimize delays due to unforeseen conditions later in the project. The majority of the delays relate to the Covid-19 and that they have pushed many suppliers delivery dates out much longer than anticipated during bidding. COP is not asking for any additional payment due to the extension. However would like to come to an agreement on how we can complete the project at the earliest date possible without having the project suffer liquidated damages. Please let me know if you have any questions. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 414 1 Eric Smith From:Eric Smith Sent:Tuesday, June 30, 2020 11:43 AM To:Revis, Coralynn; Sam Bower Cc:Grover, Ted Subject:RE: Pre-Con Cora, We could do a meeting late next week. However before we issue a notice to proceed I want to make sure we are able to have critical submittals approved and materials ordered. Please let me know what your thoughts are on the meeting. If we can get everything moved along we would like to start construction 7/20/20. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent: Tuesday, June 30, 2020 11:10 AM To: Eric Smith <esmith@copconstruction.com>; Sam Bower <sbower@copconstruction.com> Cc: Grover, Ted <Theodore.Grover@hdrinc.com> Subject: Pre-Con WARNING: PLEASE USE CAUTION. THIS EMAIL ORIGINATED FROM OUTSIDE THE COP CONSTRUCTION ORGANIZATION. Eric/Sam, I got direction from the City that we can go ahead and schedule the PreConstruction Conference now. They will require that it’s hosted online via Webex given the number of folks attending. Do you have a preference on dates/times? Thank you, Cora 415 1 Eric Smith From:Eric Smith Sent:Tuesday, June 30, 2020 11:42 AM To:Revis, Coralynn Cc:Grover, Ted; Sam Bower Subject:RE: Davis Schedule Cora, We would plan on working on the project throughout the winter with a minimal shutdown. This would make it so that we would need an extension of contract time for the micro tunnel and tie in work though. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. From: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Sent: Tuesday, June 30, 2020 10:55 AM To: Eric Smith <esmith@copconstruction.com> Cc: Grover, Ted <Theodore.Grover@hdrinc.com>; Sam Bower <sbower@copconstruction.com> Subject: RE: Davis Schedule WARNING: PLEASE USE CAUTION. THIS EMAIL ORIGINATED FROM OUTSIDE THE COP CONSTRUCTION ORGANIZATION. Eric, I followed up with Bob again, we’re good with the extended schedule and a winter shut down and then coming back next spring. Do you think you need additional time in addition to the winter shut down (i.e., do you plan to work on stuff through the winter also?). Also, I’m fairly certain that the building move will be just fine, but we have to run it past the planning department for changes- they might require another tree or two, but I can’t imagine they would care otherwise. 416 2 Thank you, Cora Coralynn Revis, PE D 406.532.2219 hdrinc.com/follow-us From: Eric Smith [mailto:esmith@copconstruction.com] Sent: Tuesday, June 30, 2020 8:04 AM To: Revis, Coralynn <Coralynn.Revis@hdrinc.com> Cc: Grover, Ted <Theodore.Grover@hdrinc.com>; Sam Bower <sbower@copconstruction.com> Subject: Davis Schedule CAUTION: [EXTERNAL] This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cora, I would just like to follow up on the conversation had about the added contract time. Right now the micro tunnel subcontractor is saying that they will not be able to start due to winter weather conditions until the end of April. Once they begin they believe that they can complete all of there work within 10 weeks. This would then leave the installation and tie ins of pipe for COP to complete after the tunnel is installed. We would still like to try and start this project this year as of 7/20/20 to complete everything besides the micro tunnel. However we would like to come to a mutual agreement about the schedule before we have a definite start date to allow for the project to be completed without liquidated damages. Also one item still hanging out there that we would like to get finalized is the building move. Can you please give me an update on the status of the RFI associated with that. Thanks, Eric Smith Project Manager COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.850.8274 esmith@copconstruction.com www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 417 1 Eric Smith From:Sam Bower Sent:Monday, June 15, 2020 11:02 AM To:Grover, Ted; Eric Smith Subject:20106 Davis Lift Station Schedule Attachments:20106 Davis Lift Station 061520.pdf Ted, Attached is our current schedule showing the estimated completion date of April 4, 2021 for the buildings and May 7, 2021 for the microtunnel. If we shift the building 30 feet east we would be able to build the lift station and wet well concurrently. The shift would also allow the lift station to be constructed out of the impacted zone of the wet well and we would be able to start on the lift station sooner and potentially minimize cold weather concrete pours. Due to the submittal process and long lead times on materials, the microtunnel will not start prior to the October 15 cutoff point for work in this region. As a result, it is pushed out to next spring. The microtunnel contractor is currently saying they wouldn’t be able to start until after Easter. As a solution, COP is suggesting we complete as much work as we can during the 2020 construction season and leave the microtunnel to be completed next spring. This would require an extension of contract time to allow for the microtunnel work to begin next April which would be past the estimated March 16 finish date. Please let me know if you have an questions regarding our schedule. Thank you, Sam Bower Project Engineer COP Construction LLC 242 S. 64th St. West Billings, MT 59106 P: 406.656.4632 | C: 406.697.1397 | F: 406.656.4808 E: sbower@copconstruction.com W: www.copconstruction.com Commitment - Opportunity – People CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 418 Job No. Date: 40 Hr Week 45 Hr Week 50 Hr Week 55 Hr Week 60 Hr Week Hours Rate Hours 10 $76.40 $764.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $764.00 $0.00 $764.00 Hrs Wkd Cost / Rate Total Hrs Wkd Cost / Rate Total 10.0 $207.12 $2,071.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,071.20 %$0.00 % $2,071.20 $0.00 $0.00 $0.00 $0.00 $2,071.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 COP EQUIPMENT - MARKUP INCLUDED RENTAL EQUIPMENT - MARKUP INCLUDED $0.00 Description $0.00 Subtotal Labor Subtotal Labor Total Labor Description $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Matt Wells Superintendent $764.00 $0.00 $0.00 The information contained here-in shall represent the work performed on the date noted. COP Construction LLC reserves the right to include overlooked expenses before final invoice. Labor rates based on composite week hours as marked: LABOR USED - MARKUP INCLUDED Name Classification Straight or Blended Total St. Time Overtime Total Overtime TOTAL Rate Page 1/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT 20106 Job Name/Location:Davis Lift Station EQUAL OPPORTUNITY EMPLOYER Describe Work Perfomed: Additional Costs for Covid Delays Crane Sales Tax if Applicable Subtotal COP Equipment Sales Tax if Applicable Subtotal Prior to Sales Tax Subtotal Prior to Sales Tax Subtotal Rental Equipment TOTAL EQUIPMENT COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 419 U of M Cost / Rate % U of M Cost / Rate Units U of M Cost / Rate Total U of M Cost / Rate Total 1 ea $100.00 $100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $100.00 15 % 5 % 3 % Equipment Signature of Project Representative Signature of COP Construction Representative Grand Total $3,023.26 $0.00 $0.00 $0.00 Materials Subcontractor General Conditions Construction Time Affected : Yes No Notes on Contract Time: Total General Conditions $100.00 SUMMARY Labor $0.00 $0.00 $0.00 Subtotal General Conditions Subtotal General Conditions $0.00 Bonus (if applies) Office Rent Site Security $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Itemize Completely Small Tools Fuel Storage Sanitary Facillities Dumpster Units $0.00 GENERAL CONDITIONS (Markup Included When Contract Allows) $0.00 $0.00 $0.00 $0.00 $0.00 SUBCONTRACTORS - WITHOUT MARKUP $0.00 $0.00 $0.00 $0.00 $0.00 Units $0.00 $0.00 Total $0.00 $0.00 $0.00 $0.00 Total $0.00 UnitsItemize Completely $0.00 Sales Tax if Applicable Subtotal Prior to Sales Tax $0.00 $0.00 $100.00 Per Diem - Salary Per Diem - Hourly Safety Training Employment Expenses Safety Equip. & Supplies Total Subcontractors $0.00 $0.00 $0.00 Itemize Completely Total Materials / Expenses $764.00 $2,071.20 MATERIALS USED / EXPENSES - WITHOUT MARKUP Itemize Completely Page 2/2 DAILY FORCE ACCOUNT/BACKCHARGE/EXTRA WORK REPORT Phone Service Units $2,935.20 Add Markup - Material Add Markup - Subcontractor Add Gross Receipts Tax, Bonds & Insurance $2,935.20 $88.06 Subtotal **Gross Receipts Tax is included if applicable in your State. Subtotal COPFORM OM10-10 - Daily Force Account/Back Charge/Extra Work Report, Rev. 03/02/2011 420 hdrinc.com HDR Engineering 2150 Analysis Drive, Suite A Bozeman, MT 59718 April 19, 2021 Mr. Eric Smith COP Construction LLC 242 South 64th Street West Billings, MT 59106 Eric, This letter is in response to COP’s April 2nd, 2021 letter pertaining to scheduling for the Davis Lane Lift Station and Norton Ranch Outfall Sewer Project. In the letter, COP restates their position regarding COVID-19 scheduling delays on the microtunneling portion of the project, and requests additional contract time and reimbursements to complete the project. COP states they are incurring $3,023.26 per day in additional costs due to the resultant delay in work. This cost includes $2,071.20 for a crane and $764.00 for labor. This was the first mention by COP of additional project costs. COP requests that all days of work above the 54 remaining contract days be reimbursed to COP. Section 4.05.C of the General Conditions states that: If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times. Such an adjustment will be Contractor’s sole and exclusive remedy for the delays, disruption, and interference described in this paragraph. Section 4.05.C.1 lists epidemics as a cause of delay which may give rise to an adjustment in contract times under the above paragraph. The General Conditions explicitly state that an adjustment in contract time (and not cost) will be Contractor’s sole and exclusive remedy for any delays resulting from epidemics such as COVID-19. As such, any and all requests for an adjustment in contract price as a result of COVID-19 delays, including the $3,023.26 per day requested by COP in their April 2nd letter, are rejected. Section 4.05.E.4 of the General Conditions states that any Contractor seeking an increase in Contract Times must be supplemented by, “The number of days’ increase in Contract Time claimed as a consequence of each such cause of delay, disruption, or interference”. COP has not requested an explicit increase in the number of contract days in their 421 hdrinc.com HDR Engineering 2150 Analysis Drive, Suite A Bozeman, MT 59718 correspondence to the City regarding the microtunneling delays. COP’s original schedule showed a start date of 6/1/2020 and a completion date of 1/26/2021, a timespan equal to 240 calendar days. Since the microtunneling delays became apparent, COP’s updated schedules have consistently shown a project start date of 7/20/2020 and a project completion date of 7/7/2021. Change Order No. 2 increased the contract time by seven days, and CPR No. 17 increased the contract time by one day. As a result of these changes, the current Contract Time consists of 248 calendar days. A winter shutdown was taken beginning January 29th, 2021, and work resumed on April 2nd, 2021. As of January 29th, 194 calendar days of contract time had been used, leaving 54 calendar days to complete the project when work resumed on April 2nd, 2021. Based on COP’s projected completion date of 7/7/2021, 97 calendar days are required to complete the project, an increase of 43 calendar days from current remaining Contract Time. In an initial response to COP, dated July 14th, 2020, it was suggested that COP proceed with the project until the wet well deck pour was complete, and then commence a winter shutdown until microtunneling work could begin. All remaining project work could then be finished concurrently with the microtunneling, allowing for the project to be completed within the 240 calendar day contract period, or close to it. As previously stated, COP did decide to take a winter shutdown on 1/29/2021 after the wet well lid was poured, but the pour date of 1/27/2021 was much later than the originally shown pour date of 12/28/2020 shown on the September, October and November schedules (Schedule ID 1190). This delay in pouring the wet well lid is largely attributed to the wet well foundation concrete strength deficiencies, which halted major progress on the wet well construction until it was clear that the concrete would reach adequate strength requirements. Had the lid been poured on 12/28/2020 and a winter shutdown been commenced thereafter, 86 calendar days of contract time would have remained to finish the project (using the adjusted time of 248 calendar days). COP’s adjusted schedules have shown 94 calendar days of work required to finish the project from the time microtunneling work commences on 4/5/2021 to the completion of startup on 7/7/2021. This overrun of eight calendar days is much less than the current projected overrun of 43 calendar days. Additionally, COP left the project site for a holiday break beginning on 12/23/2021 without invoking any shutdown or formal stoppage of work. COP returned to the site on 1/4/2021. Had COP requested a shutdown for the holidays, one would have been granted by the City. Consequently, the City will provide these 12 calendar days back to COP. 422 hdrinc.com HDR Engineering 2150 Analysis Drive, Suite A Bozeman, MT 59718 In summary, the additional costs are rejected in full and the allowance of an additional 20 calendar days is appropriate, eight days for the microtunneling delays and twelve days for the time that COP left the site on a holiday break. Sincerely, Coralynn Revis, P.E. Project Manager cc. Bob Murray, P.E., City of Bozeman Tim Pirtz, P.E., Sanderson Stewart 423 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Scott Shirley, Director of Public Works SUBJECT:Approve Resolution 5318, Declaring the Intent of the Commission to Abandon Portions of Road Easement Entirely within Railroad Right of Way Adjacent to Griffin Drive and Direct Staff to Bring Back a Final Resolution to Abandon Said Easement MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5318, declaring the intent of the Commission to abandon to portions of road easement entirely within railroad right of way adjacent to Griffin Drive and direct staff to bring back a final resolution to abandon said easement. 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:The Griffin Drive and Manley Road Street and Stormwater Improvement project is an important upgrade to the City's transportation system. This project requires additional easement from the railroad for the improvements. This easement can be abandoned without detriment to the public interest. UNRESOLVED ISSUES:None ALTERNATIVES:None suggested or recommended. FISCAL EFFECTS:None Attachments: Abandonment_ExhibitA_Sealed NOTICE OF INTENT TO VACATE Resolution 5318 - Owners List Resolution 5318 -Abandonment Report compiled on: July 1, 2021 424 425 426 NOTICE OF INTENT TO VACATE NOTICE IS HEREBY GIVEN that, at its regular meeting held on the 13th day of July 2021, the City Commission of the City of Bozeman, Montana, duly and regularly passed and adopted Commission Resolution No. 5318, entitled: COMMISSION RESOLUTION NO. 5318 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE, ABANDON AND VACATE PORTIONS OF THE ROAD EASEMENT DESCRIBED IN BOOK 84, PAGE 365, LOCATED IN THE SOUTHWEST ONE QUARTER SECTION OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M. AND IN THE SOUTHEAST ONE QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. NOTICE IS HEREBY FURTHER GIVEN that Tuesday, the 27th day of July, 2021 at 6:00 p.m. at the Commission Meeting Room, City Hall, 35 N. Rouse Avenue, Bozeman, Montana, is designated as the time and place to hear objections to the vacation of the street right-of-way more particularly described in the Resolution of Intention, and is the time and place for any person whose property abuts upon the portion of the street rights-of-way affected by the proposed vacation to appear and object, if they wish to do so. DATED this 13th day of July 2021. ___________________________________ MIKE MAAS City Clerk Legal Ad Publish: 7/18/2021, 7/25/2021 427 428 Resolution 5318 Affected Property Owners: Montana Rail Link, Inc. PO Box 16390 101 International Drive Missoula, MT 59808 City of Bozeman 429 COMMISSION RESOLUTION NO. 5318 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE, ABANDON AND VACATE PORTIONS OF THE ROAD EASEMENT DESCRIBED IN BOOK 84, PAGE 365, LOCATED IN THE SOUTHWEST ONE QUARTER SECTION OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M. AND IN THE SOUTHEAST ONE QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, city engineering staff has determined it to be in the best interest of the City of Bozeman and the public to abandon a portion of said road easement entirely within the right of way of Burlington Northern Santa Fe Railroad adjacent to Griffin Drive, as shown in Exhibit "A" attached hereto; and WHEREAS, it appears to the City Commission that the subject road easement can be vacated without detriment to the public interests; and WHEREAS, it appears to the City Commission to be in the best interests of the City of Bozeman and the inhabitants therein that said easement be vacated, provided that said vacation does not affect the right of any public utility to continue to maintain its utilities and equipment in said right-of-ways. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: 430 Section 1 Declaration of Intention It is hereby declared to be the intention of the City Commission of the City of Bozeman, Montana, to abandon and vacate the portions of the road easement described below: A portion of the easement described in Book 84, Page 365, Gallatin County, Montana, located in the southwest one-quarter of Section 31, Township 1 South, Range 6 East, P.M.M. and in the southeast one-quarter of Section 36, Township 1 South, Range 5 East, P.M.M., Gallatin County, Montana, more particularly described as follows : Beginning at the Section Corner common to Sections 1, 6, 31 & 36; Thence along the Section line between said Sections 6 & 31 N 88"10'53" E a distance of 926.74 feet to a point on the north boundary of the BNSF Railway Co. (operated by Montana Rail Link) right-of-way; Thence along said right-of-way boundary N 38"54'58" W a distance of 37.61 feet to the true Point of beginning; Thence N 88"10'53" W a distance of 203.10 feet to a calculated point; to said Sections 31 & 36; Thence N 38"54'58" W a distance of 50.22 feet to a calculated point; Thence N 02"14'18" W a distance of 271.29 feet to a calculated point on the north boundary of the BNSF Railway Co. right-of-way; Thence along the north boundary of the BNSF Railway Co. right-of-way S 38"54'58" E a distance of 100.45 feet to a calculated point; Thence S 02"14'18" E a distance of 170.82 feet to a calculated point; thence S 38"54'58" E a distance of 1132.15 feet to a calculated point; thence S 66"35'07" E a distance of 219.65 feet to the Point of Beginning, containing 2.146 acres, more or less. All as shown on the attached Exhibit A. The vacation shall not affect the right of any public utility to continue to maintain existing utilities and equipment in the street right-of-ways. 431 Section 2 Notice That the City Clerk of the City of Bozeman is hereby directed to publish notice in Bozeman Daily Chronicle per Section 7-1-4127, Montana Code Annotated, and mail notice to the affected property owners, which notice shall state the time and place at which objections will be heard. Section 3 Time for Objections That the regular session of the City Commission of the City of Bozeman to be held at the Commission Meeting Room, City Hall, 121 N. Rouse Avenue, Bozeman, Montana, on Tuesday, the 27 th day of July, 2021, at the hour of 6:00 p.m. of said day is the time and place where and when the City Commission will hear all objections to the vacating of said street right-of-way. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of July, 2021. _________________________________________ ATTEST: Cynthia L. Andrus, Mayor ____________________________________ Mike Maas, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 432 Memorandum REPORT TO:City Commission FROM:Anna Saverud, Assistant City Attorney Greg Sullivan, City Attorney SUBJECT:Final Adoption of Ordinance 2078 Adopting the Health Code by Reference MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:I move to approve the final Adoption of Ordinance 2078 Adopting the Health Code by Reference STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education, public awareness, and to coordinate programs concerning emergency services, criminal justice, and important social services. BACKGROUND: The Montana Legislature passed House Bill 121 (“HB 121”) and it was signed into law by Governor Gianforte on April 16, 2021. Additionally the Montana Legislature passed House Bill 257(“HB 257”) and it was signed into law on May 7, 2021. Both bills dramatically reduce the powers of the local health boards, including the ability for a local health board to act and adopt regulations and fees. The new legislation now requires local health boards to make recommendations to the “local governing body” for adoption and approval. Both the City and County Commissions meet the definition for “local governing body” for the Gallatin City-County Board of Health. The City has been working closely with the Gallatin County Attorney’s Office and the Montana League of Cities and Towns to understand the implications of HB121 and HB257 on our local Gallatin City-County Board of Health. At May 5, 2021 Gallatin City-County Board of Health meeting, the Board passed Resolution 2021-003 recommending the City and County Commissions adopt of the entire Health Code by emergency ordinance follow by regular ordinance to ensure the Health Code’s clear enforceability against a conservative reading of both HB121 and HB257 on the board’s overall authority. Emergency Ordinance 2077 was passed by the Commission on May 11, 2021 and is effective for 90 days. Ordinance 2078 is the regular ordinance adopting the Health Code by the City Commission. 433 UNRESOLVED ISSUES:None. ALTERNATIVES:None. FISCAL EFFECTS:None. Attachments: Ordinance 2078 Final.pdf Health Code Chapter 1.pdf Health Code Chapter 2.pdf Health Code Chapter 3.pdf Report compiled on: June 22, 2021 434 ORDINANCE NO. 2078 Page 1 of 5 ORDINANCE NO. 2078 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING GALLATIN CITY-COUNTY HEALTH CODE AND ASSOCIATED FEES BY REFERENCE. WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana law to establish programs and laws to protect public the health, safety and welfare of the citizens of Bozeman; and, WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, pursuant to §7-5-108, MCA, the City Commission is authorized to adopt an ordinance which incorporates by reference the provisions of any code, including a health code, properly identified as to date and source, without setting forth the provisions in the code in full; and WHEREAS, the Gallatin City-County Board of Health (“Board of Health”) was created by interlocal agreement between Gallatin County and the City of Bozeman and the Board of Health has adopted the Gallatin City-County Health Code (“Health Code”); and, WHEREAS, the Board of Health adopted the Health Code pursuant to its authority at § 50-2-116, MCA (2019), to adopt regulations for such public health purposes as the control and disposal of sewage, the control of communicable diseases, for tattooing and body-piercing establishments, and to implement the public health laws; and further adopted fee schedules for implementation of the Health Code such as permitting and licensing review fees; and WHEREAS, the Montana Legislature passed, and Governor Gianforte signed into law, House Bill 121 (“HB 121”) which became immediately effective and rescinds the authority for 435 ORDINANCE NO. 2078 Page 2 of 5 local health boards to adopt regulations; instead, local boards must now propose regulations to the local governing body for adoption. Further HB121 requires local health boards to propose for adoption to the local governing body necessary fees to administer the regulations; and WHEREAS, the Montana Legislature recently passed, and Governor Gianforte signed into law, House Bill 257 (“HB 257”) which became effective immediately, is retroactive, and supersedes portions of HB 121, but includes the same requirement that health boards now propose for adoption regulations and fees to a local governing body; and WHEREAS, pursuant to HB 121 and HB 257, the Board of Health is limited to recommending for adoption by the “local governing body” regulations and fees as authorized by §50-2-116, MCA; and WHEREAS, the Bozeman City Commission and the Gallatin County Commission qualify as a “local governing body” under HB 121 and the Board of Health in Resolution 2021-003 has recommend that the City and County Commissions adopt the Health Code and the associated fees ordinance; and WHEREAS, the Board of Health has represented that it followed the requirements in §50-2-130, MCA, and made written findings, after a public hearing and public comment, before adopting wastewater rules that are more stringent than state rules or guidelines, as described in the Health Code, Chapter 3, Section 3; and WHEREAS, it is necessary for public health and safety, preservation of the environment, and continuity of daily operations by the Gallatin City-County Health Department that the Health Code, including the fee schedules, remain in effect and enforceable; and WHEREAS, the City Commission therefore agrees with the Board of Health’s recommendation that the City of Bozeman adopt the Health Code and associated fees by reference to ensure the continued protection of the public health and environment and does so adopt the Health Code on a permanent basis until amended or modified. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: 436 ORDINANCE NO. 2078 Page 3 of 5 Section 1 The Bozeman City Commission hereby adopts the following chapters of the Gallatin City- County Health Code and the associated fees by reference, excluding only those sections specifically identified below: A. Chapter 1 – General Provisions (Effective 10/27/2018), excluding: i. Section 4 Adopting, Amending, and Repealing Local Health Rules ii. Section 5 Emergency Local Health Rules B. Chapter 2 - Regulations for Licensing and Inspection of Establishments and Facilities Including Retail Food, Wholesale Food, Cottage Food, Hotels, Motels and Rooming Houses, Public Pools, Trailer Courts and Campgrounds, Tattooing and Body Piercing Establishments (Effective 08/26/2017) (adopted in whole). C. Chapter 3 - Regulations for Wastewater Treatment Systems (Effective Date 08/23/2015) (adopted in whole). Section 2 Pursuant to § 7-5-109, MCA, violation of this Ordinance is a misdemeanor and is punishable by a fine not to exceed Five Hundred Dollars ($500.00), imprisonment of no more than six (6) months in the county jail, or both. This Ordinance may be enforced by any law enforcement officer with jurisdiction. In addition, this Ordinance may be enforced by the provisions of MCA Title 50, Chapter 2, and by all civil remedies available in law and equity, including injunctive relief to enjoin violations hereof. 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. 437 ORDINANCE NO. 2078 Page 4 of 5 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. Section 7 Effective Date. Pursuant to the provisions of §7-5-108, MCA, the Bozeman City Clerk shall notice this Ordinance and shall make at least one copy available to the public upon the first reading and approval hereof. The City Clerk shall also make available at least one copy of the Health Code for public use, inspection, and examination. Such copy shall be made available to the public for a period of 30 days prior to the final adoption of this Ordinance. This Ordinance shall be in full force and effect thirty (30) days after final adoption. 438 ORDINANCE NO. 2078 Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 18th day of May, 2021. ____________________________________ Cyndy Andrus Mayor ATTEST: ____________________________________ Mike Maas, City Clerk City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session therefor held on the 13th day of July, 2021. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 439 1 Gallatin City-County Health Code Chapter 1 GENERAL PROVISIONS Effective October 27, 2018 Gallatin City-County Health Department 215 West Mendenhall Bozeman, MT 59715 (406) 582-3100 or (406) 582-3120 440 2 441 3 HEALTH CODE CHAPTER 1 REGULATIONS Section 1 PURPOSE, JURISDICTION, AND DUTIES 1.1 The Health Code is intended to make existing laws more accessible and understandable, and it provides local regulations that comply with State law. The Health Code also coordinates requirements of the Montana Code Annotated (MCA) and the Administrative Rules of Montana (ARM). 1.2 The Gallatin City-County Board of Health (Board) was established pursuant to Sec. 50-2- 106, MCA and an Interlocal Agreement between the City of Bozeman and Gallatin County (adopted May 7, 1997). The Board's jurisdiction covers all of Gallatin County, including the municipalities of Belgrade, Bozeman, Manhattan, Three Forks, and West Yellowstone. 1.3 The Board is a separate legal entity distinct from Gallatin County and the City of Bozeman, and neither the Board nor its staff is under the direct control or supervision of either entity. 1.4 The Board’s general powers and duties are set forth in Sec. 50-2-116, MCA. Specific statutory powers and duties are codified in Title 50, MCA and are identified throughout the Health Code. 1.5 The Health Officer has the general powers and duties as set forth in Sec. 50-2-118, MCA. Specific statutory powers and duties are codified in Title 50, MCA and are identified throughout the Health Code. The Health Officer also has such powers and duties as established by the Board, and s/he is responsible for the administration and enforcement of the Health Code. Section 2 GENERAL ACRONYMS AND DEFINITIONS Unless the context requires otherwise, the following acronyms and definitions apply for this Health Code: 2.1 "Appeal" means the process by which a person may challenge the Health Officer’s actions, refusal to act, the justifications for a determination, or present other evidence to the Board: (1) as allowed by Title 50, Chapters 50, 51, 52, 53, and 57, MCA; or (2) for other written decisions of the Health Officer made pursuant to the Health Code or law. 2.2 "ARM" means the Administrative Rules of Montana. 2.3 "Board" or "Local Board" means the Gallatin City-County Board of Health. 442 4 2.4 "Chair" means the chairperson of the Board as set forth and appointed under the Board’s Bylaws. 2.5 "Day" means a calendar day, unless otherwise specified. 2.6 "DEQ" means the Montana Department of Environmental Quality. 2.7 "DPHHS" means the Montana Department of Public Health and Human Services. 2.8 "Emergency Local Health Rule" means a Local Health Rule adopted pursuant to Section 5 of this Chapter 1. 2.9 "Filed" or “Recorded” means recorded with the Gallatin County Clerk and Recorder in the permanent records of that office. 2.10 "GCCHD" means the Gallatin City-County Health Department, through which the Board conducts its daily business. 2.11 "Health Code" means the compiled Local Health Rules. 2.12 "Health Officer" means the Gallatin City-County Health Officer employed by the Board or his or her designee. 2.13 "Hearing” means any quasi-judicial hearing before the Board that involves an adjudicatory function and the exercise of judgment and discretion in making a decision, such as the Board’s consideration of a variance request. 2.14 "Local Health Rule" means a regulation adopted by the Board and collectively comprising the Health Code. 2.15 "MCA" means the Montana Code Annotated. 2.16 "Meeting" means the convening of a quorum of the membership of the Board. 2.17 "Post" or "Posted" means placing notices or other information in conspicuous places for public view at no less than the following places: A) Gallatin County Courthouse, Bozeman B) GCCHD, Bozeman C) GCCHD website When Posting is required by the Health Code, Affidavits of Posting shall be prepared and kept on file at the GCCHD. 443 5 2.18 "Publish" or "Published" means, unless otherwise specified in the Health Code or by applicable law or regulation, publication in accordance with § 7-1-2121, MCA. When Publication is required by the Health Code, Affidavits of Publication shall be prepared and kept on file at the GCCHD. 2.19 "Proposal” as used in this Chapter 1, means a request to adopt, amend, or repeal a Local Health Rule. Section 3 MEETING, HEARING & APPEAL PROCEDURES 3.1 The following procedures apply to all Meetings unless otherwise specified by law: A) All Meetings shall be open to the public in accordance with Montana law. B) A Meeting may be closed in accordance with § 2-3-203, MCA or as otherwise allowed by law upon the request of a Board member or its legal counsel. After such request, a Board member shall move to close the meeting pursuant to § 2-3-203, MCA or the applicable law. The Board shall then vote on the motion and make appropriate findings. C) Agenda for all Meetings must be approved in advance by the Chair. Excluding subcommittee meetings, the agenda shall be Posted and published in the Bozeman Daily Chronicle at least two (2) business days in advance of the Meeting. D) For subcommittee meetings, the agenda shall be Posted at least two (2) business days in advance of the subcommittee meeting. E) Meeting minutes shall be approved by the Board at a subsequent meeting. F) If any portion of a Meeting is closed, the minutes of that portion of the Meeting must be kept confidential and should be signed by each individual member of the Board in private. The closed meeting minutes may then be approved by the Board at a subsequent meeting by reference to the closed meeting minutes. 3.2 The following procedures apply to all Hearings unless otherwise specified by law. A) Hearings before the Board shall follow the procedures set forth in this Section 3.2, except for Hearings regarding Appeals. B) Hearings regarding Appeals shall follow the “Appeal Rules of the Gallatin City- County Board of Health,” which are attached hereto as Appendix 1. The Appeal Rules may be amended from time to time by the Board upon public notice. 444 6 C) Notice of a Hearing shall be Published. Confirmation of the publication shall be sent to the Health Officer and EHS Director. D) Staff shall send notice of a Hearing to the property owner and all adjacent property owners by regular mail at least 6 days before the Hearing. E) Any documents and materials that a party to a Hearing or a member of the public would like considered by the Board should be submitted to the GCCHD at least five (5) business days in advance of the Hearing. F) A party to a Hearing may request, upon good cause, postponement of a Hearing date. The request shall be in writing to the Chair and state the reasons why the postponement is necessary. The Chair shall grant or deny the request. Requests for postponement made at the Hearing shall be decided by the Board. The party making the request for postponement shall be responsible for any costs associated with re-noticing the matter. G) If any party to a Hearing fails to appear at the Hearing, and good cause justifying postponement is not shown, the Board may hear and decide the matter and make a determination on the evidence then available. H) Unless established otherwise by the Chair, the order of presentation at a Hearing shall be as follows: i. Staff presentation ii. Applicant presentation iii. Public comment iv. Staff rebuttal v. Applicant rebuttal vi. Board discussion and decision. I) The Chair may determine, given the complexity of the issues, time limitations for each presentation made to the Board. J) Hearings shall be conducted at the discretion of the Chair. The Chair may require witnesses to make an oath or affirmation in order to present evidence or testimony. K) GCCHD staff shall present the relevant issues to the Board. Such presentation should be documented by a written report and materials deemed relevant for the Board’s consideration. GCCHD staff shall compile and present all written public comment received up to the time of the Hearing. The members of the Board shall disclose any public comment not presented by GCCHD staff. L) The Board may approve, deny, or continue a Hearing to a later date. 445 7 M) Once the Board approves or denies a matter, GCCHD staff shall prepare a final written decision. The written decision may include Findings and Conclusions of Law and must be signed by the Chair. The written decision also may incorporate by reference the reasons for the decision that are pronounced verbally by the Board at the Hearing. The Health Officer, as Board Secretary, shall attest the written decision. N) The original, signed written decision shall be maintained and kept on file with the GCCHD. The Health Officer shall provide copies of the decision to all parties to the Hearing. O) As part of his/her official duties, the Health Officer shall record all written decisions on behalf of the Board in the office of the Gallatin County Clerk & Recorder. P) A final written decision of the Board may be appealed to an appropriate court or tribunal in accordance with applicable law. The appeal period begins to run on the date the Chair signs the written decision. Q) The official record of a Hearing consists of the written minutes, all written materials and comments entered into the record during the proceeding, all comments and statements made orally during the proceeding, and, if available, the audio recording of the Hearing. Section 4 ADOPTING, AMENDING, AND REPEALING LOCAL HEALTH RULES 4.1 The Montana Legislature has not specified the procedures by which a board of health can adopt, amend, or repeal Local Health Rules. Therefore, the following procedures have been designed to comply with the Montana Constitutional and statutory mandates for open meetings and public participation in governmental decisions of significant public interest. See Montana Constitution Article II, Sections 8 and 9, Sec. 2-3-103(1), MCA, and Sec. 2- 3-111, MCA. These procedures give the Board maximum input, from the public and from those most affected, before Proposals are adopted. 4.2 The Health Officer, GCCHD staff, and Board subcommittees may prepare draft Proposals. Interested persons may give suggestions to the Health Officer to give to the Board. GCCHD staff may informally consult with persons who will be affected by Proposals for viewpoints and advice. The Board may appoint interested persons to one or more committees to advise the Board and staff. 4.3 Proposals shall have a heading and be numbered, beginning with "01" each calendar year. No more than one comprehensive subject shall be clearly stated in the title. 4.4 Proposals shall be presented to the Board at a first and second reading. The second reading shall occur no less than twelve (12) days after the first reading of the Proposal. If the 446 8 Proposal adopts, amends, or repeals a Local Health Rule that incorporates by reference the provisions of any federal or state statute or regulation, then at least thirty (30) days must pass between the first and second reading. 4.5 GCCHD staff shall Publish and Post notice of a Proposal in substantially the following form: GALLATIN CITY-COUNTY BOARD OF HEALTH NOTICE OF [FIRST/SECOND] READING ON PROPOSED LOCAL HEALTH RULE No. [ADOPTION, AMENDMENT, or REPEAL] A) A brief statement of the subject and issues involved; B) The rationale for the Proposal; C) Where the Proposal may be reviewed and copies obtained; D) First reading: date, time, and place; E) Second reading: date, time, and place; F) That interested persons may give written comments to GCCHD staff to be given to the Board, or they may provide public comment at the first or second reading, or both; G) The anticipated effective date if the Proposal is adopted after the second reading; and H) The name, address, and phone number of a person who may be contacted for further information. 4.6 Notice of a Proposal shall be Published prior to all readings. 4.7 Notice of a Proposal shall be Posted at least ten (10) days before and until the day of all readings. 4.8 The first reading and second reading should be guided by the following order: A) Staff Presentation: The Health Officer or GCCHD staff shall present the Proposal. The Proposal should be read aloud and, if no Board member objects, it may be summarized. B) Public Comment: The Health Officer or GCCHD staff shall read into the record any public written comments received in advance of the Meeting. If comments are 447 9 lengthy, they may be summarized. Members of the public also may provide oral comment or submit written comment at the Meeting. C) Board Discussion & Decision: The Board shall discuss the Proposal and consider the public's written and oral comments. Board members may direct questions to GCCHD staff or members of the public. The Board may approve or deny a Proposal by majority vote 4.9 The Board may correct clerical errors, minor mistakes, and make minor wording changes at any time before a Proposal is adopted, without special notice or the need for another reading. A majority of the Board shall determine if a change is "minor". 4.10 The Board may continue the reading to a subsequent hearing in order to make substantive changes to the Proposal or for other good cause, such as to accept additional public comment. 4.11 If the Board makes substantive changes to a Proposal, then notice of the changes must be Published and Posted, and the revised Proposal shall be considered at a subsequent reading. 4.12 A Proposal shall become effective thirty (30) days from its second reading or, if more than two readings are held, from its final reading (i.e. a second or third reading). 4.13 The signed, original Local Health Rule shall be maintained along with the Proposal file (containing the Affidavits of Publishing and Posting, the written public comments and other documents as directed by the Board) in the records of the GCCHD. The GCCHD shall make copies available upon request and may charge such costs as allowed by Title 2, Chapter 6, Part 10, MCA or applicable law. 4.14 If an adopted, amended, or repealed Local Health Rule incorporates by reference the provisions of any federal or state statute or regulation, at least one copy of the statute or regulation that is incorporated by reference must be kept on file at the GCCHD for the public’s use, inspection, and examination. Section 5 EMERGENCY LOCAL HEALTH RULES 5.1 The Board may adopt an Emergency Local Health Rule at a Meeting without following the procedures set forth in Section 4 if: A) The Board finds that a Local Health Rule must be adopted to deal with an emergency situation affecting the public health, safety, or welfare; and B) The Board finds that the emergency cannot be averted or remedied by any other administrative act; and 448 10 C) At least two-thirds of the Board votes to approve the Local Health Rule. 5.2 The Emergency Local Health Rule must end on a date specified by the Board, but no longer than ninety (90) days after its adoption. 5.3 The Emergency Local Health Rule shall become effective immediately. 5.4 The Emergency Local Health Rule must be maintained in the records of the GCCHD and made available for the public’s use, inspection, and examination. 5.5 Notice of an emergency Local Health Rule shall be prepared in substantially the same form as provided by Section 4.5 of this Chapter 1. 5.6 Notice of an emergency Local Health Rule shall be published in the Bozeman Daily Chronicle and Posted as soon as possible after its adoption by the Board. The Posting shall last for the entire time that the Emergency Local Health Rule is in effect. 5.7 Notice of an emergency Local Health Rule also must be faxed or emailed to the major local media as determined by the Board and to the DPHHS Communicable Disease Control and Prevention Bureau Chief. Section 6 FEES The Board may adopt fees that are fair and reasonable for permits, department services, special inspections, plan reviews, tests, certificates, and registrations established by the Health Code. The fee scheduled adopted by the Board is attached hereto as Appendix 2. The Board may amend the Fee Schedule, and any other fees adopted by the Board, from time to time upon public notice. Section 7 SEVERABILITY If a provision of the Health Code is determined or made to be invalid by a court of competent jurisdiction or the legislature of this state, all valid provisions that are severable shall remain in effect. If a provision is determined or made to be invalid in one or more applications, that provision shall remain in effect for all valid applications. 449 11 Appendix 1 Appeal Rules of the Gallatin City-County Board of Health Section 1 AUTHORITY & PURPOSE 1.1 The Gallatin City-County Board of Health (“Board”) is authorized to adopt the following rules governing the transaction of its meetings pursuant to §50-2-116, Montana Code Annotated (MCA). 1.2 These rules provide the procedures by which appeal hearings shall be conducted before the Board and are adopted as an addendum to the Board’s Bylaws. 1.3 These rules govern all appeals over which the Board has jurisdiction. 1.4 Should these rules conflict with any procedural requirement set forth in any law or Regulation, such conflict shall be resolved in favor of the law or Regulation. Section 2 DEFINITIONS 2.1 As used in these rules, the following definitions apply: A. Appeal. The process by which a person may challenge the Health Officer’s actions, refusal to act, the justifications for a determination, or present other evidence to the Board: i. As allowed by Title 50, Chapters 50, 51, 52, 53, and 57, MCA; or ii. For other written decisions of the Health Officer made pursuant to Regulation or law. B. Appeal Notice. The written document by which a person initiates an Appeal. C. Board. The Gallatin City-County Board of Health. D. Chair. The chairperson of the Board as set forth and appointed under the Board’s Bylaws. E. Health Officer. The individual appointed by the Board as the local health officer, pursuant to § 50-2-116(1)(a), MCA, or an agent of the Health Officer. F. Person. An individual or legally formed entity. G. Regulation. Any regulation promulgated by the Board. 450 12 Section 3 GENERAL PROVISIONS 3.1 For any Appeal required to be held pursuant to the contested case provisions of the Montana Administrative Procedure Act, the Board waives formal proceedings and submits to the informal disposition provisions of § 2-4-604, MCA and these rules. 3.2 For Appeals under Section 2.1(A)(i), the Person filing the Appeal may waive formal proceedings by submitting a written waiver to the Board. If a written waiver is not made, the Appeal shall be adjudicated formally under Section 4. 3.3 Appeals under Section 2.1(A)(i), for which the Person filing the Appeal has waived formal proceedings, and Appeals under Section 1.2(A)(ii) shall be adjudicated informally as set forth in Section 5. 3.4 Unless otherwise set forth in applicable law or Regulation, an Appeal Notice, addressed to the Board, shall be delivered to the Health Officer within 30 calendar days after the issuance of the written decision of the Health Officer that is appealed. 3.5 Upon receipt of an Appeal Notice, the Health Officer shall schedule an appeal hearing before the Board and notify the Chair of the Appeal. The hearing shall be scheduled to occur no later than 45 calendar days from receipt of the Appeal Notice, or within such greater period of time as agreed to by the parties. 3.6 Within a reasonable time after the appeal hearing is scheduled, the Chair or hearings examiner shall issue to the parties a hearing notice that includes: A. A statement of the time, place, and nature of the appeal hearing; B. A statement of the legal authority and jurisdiction under which the appeal hearing is to be held; C. A reference to the particular sections of the statutes and Regulation involved; D. A short and plain statement of the matters asserted; and E. For an Appeal under Section 2.1(A)(i), a statement that formal adjudication may be waived pursuant to Section 3.2. 3.7 In any Appeal, the Board shall affirm, modify, or reverse the decision of the Health Officer. 3.8 Notwithstanding the statutory requirement that appeals of certain decisions be administratively adjudicated under the contested case provisions of the Montana Administrative Procedure Act, the Board is not an “agency” under § 2-4-102(2)(b), MCA and an Appeal is not a “contested case” under § 2-4-102(4), MCA. Therefore, in adopting these rules, the Board does not consent to, nor does it waive any right to assert that it is not subject to, judicial review of the Board’s decision of an Appeal under Title 2, Chapter 4, Part 7, MCA (“Judicial Review of Contested Cases”). 3.9 An Appeal does not stay the decision of the Health Officer that is appealed. 451 13 Section 4 FORMAL ADJUDICATION 4.1 The formal adjudication of an Appeal shall be heard pursuant to the contested case provisions of Title 2, Chapter 4, Part 6, MCA and the model rules of practice adopted by the Montana Attorney General for contested case proceedings and set forth at Chapter 1, Subchapter 2 of the Administrative Rules of Montana (ARM), which model rules are hereby incorporated by reference. 4.2 The Chair shall immediately appoint a hearings examiner upon notice of an Appeal to be formally adjudicated. Section 5 INFORMAL ADJUDICATION 5.1 The informal adjudication of an Appeal shall be heard pursuant to the following rules or such additional rules as promulgated by the Board. 5.2 The Chair may appoint a hearings examiner to conduct the appeal hearing before the Board and in lieu of the Chair. 5.3 Within 15 calendar days from the Board’s receipt of an Appeal Notice, or within the timeframe otherwise agreed to by the parties to the Appeal, the Chair or hearings examiner shall conduct a conference with the parties to the Appeal to define issues, determine witnesses, and establish other stipulations. 5.4 The Chair or hearings examiner may continue the date set for an appeal hearing for good cause, upon oral request or in writing, for a reasonable period of time, in order to secure all the evidence that is necessary or to be fair to the parties. 5.5 If any party fails to appear at an appeal hearing, and good cause justifying a continuance is not shown, the Board may decide the issues and make a determination on the best evidence available. 5.6 If the Appeal does not involve a disputed issue of material fact, the parties may jointly stipulate in writing to waive the proceedings and may directly petition the district court for judicial review upon an agreed statement of facts and a statement of the legal issues or contentions of the parties upon which the court, together with any additional information it may consider necessary to fully review the issues, may make its decision. 5.7 During the appeal hearing, the Board shall give effect to the rules of privilege recognized by law. Irrelevant, immaterial, or unduly repetitious evidence must be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs is admissible, whether or not the evidence is admissible in a trial in the courts of Montana. 5.8 Any part of the evidence may be received in written form, and all testimony of parties and witnesses must be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it is not sufficient in itself to support a finding unless it is admissible over objection in civil actions. 452 14 5.9 Unless established otherwise by the Chair or hearings examiner, the order of presentation at an appeal hearing shall be as follows: A. Appellant presentation; B. Staff presentation; C. Public comment; D. Staff rebuttal; E. Appellant rebuttal; F. Board discussion and decision. 5.10 The presiding officer or hearings examiner may determine, given the complexity of the issues, time limitations for each presentation made to the Board. 5.11 At the conclusion of the hearing the Chair or hearings examiner shall prepare written Findings of Fact and Conclusions of Law for the Board upon the evidence produced during the proceedings. 5.12 The Findings of Fact and Conclusions of Law shall include a statement of the substance of the evidence received or considered by the Board, the written or oral statements of the parties or other persons, relevant law and Regulation, and the proceedings. The written Findings of Fact and Conclusions may incorporate by reference the reasons for the Board’s decision that are pronounced verbally by the Board at the appeal hearing. 5.13 The Board shall accept, reject, or modify in whole or in part the Findings of Fact and Conclusions of Law at the next regularly scheduled meeting of the Board, unless for good cause shown, this period of time is extended for an additional time not to exceed 30 calendar days. The Chair shall then sign the Findings of Fact and Conclusions of Law, which shall become final. 5.14 The Chair or hearings examiner shall provide a copy of the Findings of Fact and Conclusions of Law to the parties. 5.15 A party may object in writing to the Findings of Fact and Conclusions of Law, or may order at that party's cost a transcription of the recording, or both. 5.16 The record of the appeal hearing shall include the following items: A. Appeal Notice; B. Hearing notice; C. Evidence offered or considered, any objections and rulings thereon, and all comment and testimony entered into the record or made during the appeal hearing, whether orally or in writing; D. Audio recording of the appeal hearing; E. Written minutes; and F. Findings of Fact and Conclusions of Law. 5.17 The decision of the Board set forth in the Findings of Fact and Conclusions of Law may be appealed to an appropriate court or tribunal in accordance with applicable law. 453 15 Appendix 2 Environmental Health Services Fee Schedule (Effective: October 27, 2018) General Fees Base Rate for Services ..................................................................... $84 per hour Community/Group Home Inspection ............................................ $126 Day Care Application ..................................................................... $126 + Day Care Inspection Day Care Inspection (MCA 52-2-735) ........................................... $25 Site Visit / Re-inspection / Requested Inspection .......................... $84 per hour Establishment Fees Health Code Chapter 2 Example: A 750 sq. foot new retail food establishment is subject to Application review ($252) + Pre-operational inspection ($126) = $378 (payable to Gallatin City-County Health Department). State Issued Annual License Fee = $115 (payable to MDPHHS collected at pre-operational inspection). Application Review Food Establishment - Retail and Wholesale Up to 750 sq. feet or Mobile Unit ......................................... 751 sq. ft. to 2,500 sq. ft. ...................................................... >2,500 sq. ft. ......................................................................... Caterer or Manufacturer using .............................................. licensed commissary kitchen $252 + Pre-operational Inspection $336 + Pre-operational Inspection $420 + Pre-operational Inspection $252 + Pre-operational Inspection 454 16 Food Establishment - Multi-Department Fee (Base Fee + Fee for each Department) Base Fee ................................................................................ Up to 750 sq. ft. or Mobile Unit ........................................... 751 sq. ft. to 2,500 sq. ft. ...................................................... >2,500 sq. ft. ......................................................................... Hotels, Motels, and Rooming Houses Hotel/Motel with guest only food service facilities .............. Motel/Hotel with no food service, ........................................ Bed and Breakfast, Tourist Home, Rooming House ............ $420 + Pre-operational inspection $252 $336 $420 $252 + Pre-operational inspection $168 + Pre-operational inspection $168 + Pre-operational inspection Public Pools and Swimming Areas / Spas ............................... Review done by Department of Public Health and Human Services (DPHHS) Application review and pre-operational inspection fees paid to DPHHS (contact DPHHS for amount) Tourist Campgrounds and Trailer Courts ............................. $168 + Pre-operational inspection Tattooing and Body Piercing ................................................... $168 + Pre-operational inspection Minor Application Review Basic Ownership Change ....................................................... Commissary Change .............................................................. Already licensed caterer, mobile unit or wholesale / manufacturer moving to a different licensed facility Wholesale/Manufacturing and Retail ................................... Addition of wholesale license to currently licensed retail facility or if both new establishments reviewed at same time (Retail = full review, Wholesale = minor review) Piercing and Tattooing .......................................................... Addition of a 2nd license to a currently licensed body art facility or if both licenses are applied for at the same time (1st license = full review, 2nd license = minor review) $84 + Pre-operational inspection $84 + Pre-operational inspection $84 + Pre-operational inspection $84 + Pre-operational inspection Miscellaneous Education Course (4 hour) ......................................................... Exemption Request .................................................................... $20 $84 455 17 Extension Request ...................................................................... Hazard Analysis and Critical Control Points (HACCP) .. Pre-operational Inspection (based on 1 ½ hours) ..................... $84 $336 $126 + Base Rate for each additional hour License, Registration or Permit (All are owner and location specific) Payable to Gallatin City-County Health Department (GCCHD) Body Art License Body Piercing ........................................................................ Ear Lobe Piercing Only ......................................................... Tattooing ................................................................................ Body Art Temporary Event ................................................... Delinquent .............................................................................. Cottage Food Operation Registration ...................................... Temporary Food Service Event Permit Small (1-2 employees) ........................................................... Large (3 or more employees) ................................................. $135 $75 $135 $84 + PO Inspection $25 $40 $85 $115 License (All are owner and location specific) Payable to Montana Department of Public Health & Human Services (MDPHHS) Food Service Retail Food Small (1-2 employees) ....... Retail Food Large (3 or more employees) .................... Wholesale/Manufacturing ...................... Public Accommodation Hotel Small (1 to 10) ............................. Hotel Medium (11 to 25) ....................... Hotel Large (>25) ................................. $85 $115 $115 $40 $80 $160 Pool & Spa Pool ............................................ Spa ............................................. Trailer Court / Campground Trailer Court Small (1 to 10) ..... Trailer Court Medium (11 to 25) Trailer Court Large (>25) .......... Work Camp ................................ Youth Camp ............................... $200 $ 75 $40 $60 $120 $40 $40 456 18 Wastewater Treatment System Fees Health Code Chapter 3 Permit Fee New ................................................................................................................ Replacement .................................................................................................. Upgrade/Extension ........................................................................................ Multiple User ................................................................................................. Commercial ................................................................................................... Public ............................................................................................................. Public/Commercial System Component Fee ................................................. Experimental .................................................................................................. Tanks Only .................................................................................................... Unpermitted WWTS ...................................................................................... $375 + Review Fee $375 + Review Fee $375 + Review Fee $485 + Review Fee $485 + Review Fee $485 $320 $590 + Review Fee $320 + Review Fee $375 Review Fee Lots Not Requiring Site Evaluation ............................................................... Lots Requiring Site Evaluation ...................................................................... Additional Review Fee .................................................................................. Application & Permit Modifications ............................................................. Design or Drainfield Location Change .......................................................... Application or Auth. To Construct Extension ............................................... $140 $275 $200 $140 $275 $84 Miscellaneous Fees Competency Exam/Registration Installer Competency Exam ..................................................................... Site Evaluator Exam ................................................................................ Registration Fee ....................................................................................... Homeowner Installation Exam ................................................................ Variance Application First Variance Request ............................................................................. Each Additional Variance Request .......................................................... $200 $275 $84 $105 $690 $290 457 HEALTH CODE CHAPTER 2 Regulations for Licensing and Inspection of Establishments and Facilities Including Retail Food, Wholesale Food, Cottage Food, Hotels, Motels and Rooming Houses, Public Pools, Trailer Courts and Campgrounds, Tattooing and Body Piercing Establishments Effective August 26, 2017 Gallatin City-County Health Department Environmental Health Services 215 West Mendenhall, Room 108 Bozeman, MT 59715 (406) 582-3120 458 Health Code Chapter 2 Regulations for Licensing and Inspection of Establishments and Facilities Including Retail Food, Wholesale Food, Cottage Food, Hotels, Motels and Rooming Houses, Public Pools, Trailer Courts and Campgrounds, Tattooing and Body Piercing Establishments Section 1 GENERAL PROVISIONS 1.1 The Board is formed in accordance with Sec. 50-2-106, MCA and has the powers and duties set forth in Sec. 50-2-116, MCA. 1.2 The authority and scope of these regulations are based on various provisions of Montana law set forth in Title 50, MCA. The intent the Board is to adopt regulations that do not conflict with applicable law. 1.3 Purposes: A) The Board finds that health and safety risks are associated with persons providing retail (sold directly to the consumer) and wholesale food (not directly sold or distributed to the consumer) to the public and that regulation is required to prevent and eliminate conditions and practices that endanger public health. It is therefore the Board’s intent to set forth processes and standards that are necessary for the prevention of the transmission of food borne illnesses in order to safeguard public health so that food does not become a vehicle in a disease outbreak or in the transmission of disease, such as botulism and Hepatitis A. These regulations also intend to prevent other types of potentially life threating situations, such as physical or chemical contamination of food and to require retailers and wholesalers provide safe, properly protected, and honestly presented foods. B) The Board finds that sanitation and safety of public accommodations including hotels, motels, and rooming houses affect the public health and it is necessary to adopt regulations to prevent and control the spread of disease and encourage safety and welfare of the public. In addition, the Board, by adopting these regulations wishes to encourage conditions and practices in public accommodations that do not endanger public health. C) The Board finds that sanitation and safety of public swimming pools and public bathing places affect public health and safety. The Board finds it necessary to adopt regulations for processes and standards necessary for the prevention of transmission of disease including the promotion of water clarity, water disinfection, proper pH levels and bacteriological standards for the prevention of pathogenic organisms and to minimize the risk of injury from factors including 459 physical entrapment and toxic chemical exposure and by use of adequate lifesaving and safety equipment. D) The Board finds that health and safety risks are associated with persons providing food in a temporary manner or cottage food products to the public and that regulation is required to prevent and eliminate conditions and practices that endanger public health. The Board’s intent is to set forth processes and standards necessary for the prevention of the transmission of food borne illnesses in order to safeguard public health so that food does not become a vehicle in a disease outbreak or in the transmission of disease, such as botulism and Hepatitis A. The Board finds it is beneficial to the health of the public to regulate these operations in order to prevent or eliminate unsanitary and unhealthful conditions and practices that may endanger public health, undisclosed allergens and other potentially life threating situations. E) The Board finds that public health and safety risks are associated with operating certain campgrounds, trailer courts, work camps, and youth camps. The Board finds it is necessary to adopt regulations to set forth processes and standards necessary for the prevention of transmission of disease and to prevent or eliminate unsanitary or unhealthful conditions, such as contaminated drinking water and inadequate sewage disposal along with other conditions and practices that may endanger public health. F) The Board finds that health and safety risks are associated with the procedures and practices of tattooing and body piercing. Safe and sanitary conditions of tattooing, piercing and other body modification practices are necessary for the prevention of the transmission of blood borne pathogens such as Hepatitis B virus and human immunodeficiency virus as well as other potentially life threatening diseases. These regulations intend to protect public health, safety and welfare by setting forth processes and standards for the practice of tattooing and piercing. 1.4 These regulations apply to Gallatin County, Montana. 1.5 In order to implement public health laws of the State of Montana, the Board adopts the following, in its current edition, by reference, unless otherwise specified herein, and also prospectively adopts any amendments made thereto: A) Chapters 110, 111, and 115 of Title 37, ARM (hereinafter “State Regulations”) and the legislative authority for such State Regulations. If applicable, the phrase “department” in any State Regulations may also mean the Board or Health Officer. The State Regulations and corresponding statutory authority set forth in the MCA (Title and Chapter) is also adopted herein as those provisions pertain to the regulation of: i. Retail Food Establishments (50-50) ii. Temporary Retail Food Establishments (50-50) iii. Hotels, Motels and Rooming Houses (50-51) 460 iv. Public Pools and Swimming Areas (50-53) v. Tourist Campgrounds and Trailer Courts (50-52) vi. Wholesale Food Establishments (50-57) 1.6 For the purpose of the Board regulating Tattooing and Body Piercing Establishments, Chapter 112 of Title 37, ARM of the State Regulations is adopted by reference pursuant to Sec. 50-48-203, MCA, in its current edition, unless otherwise specified herein, and the Board also prospectively adopts any amendments made thereto. The legislative authority for such State Regulations is also adopted. If applicable, the phrase “department” in any State Regulations may also mean the Board or Health Officer. 1.7 The Board regulates Cottage Food Operations through Registration and pursuant to Secs. 50-50-116, 117, 121, MCA. 1.8 The Board authorizes the Health Officer, as defined herein, to administer and enforce these regulations. 1.9 This Regulation contains a Fee Schedule for services which the Board has authority to regulate. The Fee Schedule shall be adopted simultaneously with this Regulation by resolution of the Board. Amendments to the fee schedule may be made by resolution upon proper notice pursuant to Sec. 7-1-2121, MCA. Fees are set by statute or other applicable law or shall be reasonable and related to the cost of providing the service including the actual costs incurred for licensure, inspection, enforcement, training, or administration. 1.10 For orderly administration and enforcement of these regulations the Board may adopt policies consistent with these regulations and Montana law. 1.11 The Health Officer may develop procedures consistent with these regulations and Board policies to provide the means and methods for EHS to assist in the administration and enforcement of these regulations. 1.12 Unless otherwise defined in State Regulations or otherwise defined in these regulations, the following definitions apply throughout: “Apply” or “Application” is the act of any Person in the attempt to obtain any Validation, License, permit, Registration or authorization. A request from DPHHS for Validation is considered an Application. “Applicant” is a person or individual who Applies or makes Application, or an agent thereof. “ARM” is the Administrative Rules of Montana. “Board” is the Gallatin City-County Board of Health. 461 "Cottage Food Operation" is the provision, manufacture, or packaging of Cottage Food Products only in a kitchen in a registered area of a domestic residence and only for direct sale to a consumer in this state by an individual. "Cottage Food Products" are foods that are not potentially hazardous and are processed or packaged in a Cottage Food Operation, including jams, jellies, dried fruit, dry mixes, and baked goods. “DPHHS” is the Department of Public Health and Human Services for the State of Montana as provided for in Section 2-15-2201, MCA. “EHS” is the Gallatin City-County Health Department, Environmental Health Services, an agent of the Health Officer. “Establishment” is a specific geographic location or specific facility open to the public or private offering goods or services for which an Application is made, for which a person obtains a License or Registration or which is subject to these regulations or Montana law. Establishment may be further defined in State Regulations. “Health Officer” is the individual appointed by the Board as the Health Officer pursuant to Section 50-2-116(1)(a), MCA or an agent of the Health Officer. “License” means a written document issued by DPHHS and validated by the Health Officer authorizing operation of an Establishment or a written document issued by Board through the Health Officer authorizing operation of an Establishment. “Licensee” is a person who obtains a License. “MCA” means Montana Code Annotated. “Person (person)” means an individual, business association, limited liability company, partnership, corporation, government, or other legal entity. “Registration (Registered)” means the act of the Health Officer after a person applies for registration for a Cottage Food Operation pursuant to Sec. 50-50- 117, MCA. “Registered Area” means the portion of a domestic residence that has been Registered in which food ingredients intended for Cottage Food Products are transported or stored or the domestic residence kitchen where Cottage Food Products are processed, packaged, or stored. "Temporary food establishment" means a retail food establishment that either: (a) operates at a fixed location for no more than 21 days in conjunction with a single event or celebration; or (b) uses a fixed menu and operates within a single county at a recurring event or celebration for no more than 45 days. 462 “Validation” is the act of the Health Officer to recognize, establish or affirm a License issued by DPHHS as required by law. 1.13 A) A person is subject to all remedies available under law for failure to comply with or for violation of these regulations or the State Regulations. B) A person violates these regulations or does not comply with the rules set forth in these regulations if the person operates, controls or uses an Establishment without a License or Registration. 1.14 A Validation, Registration or License may be denied if an Applicant does not comply with other agencies, districts, or governmental entity’s bylaws, ordinances, laws, rules or regulations. 1.15 In any case where a provision of these regulations conflicts with a provision of any law; zoning, building, fire, safety or health ordinance; regulation or code of the federal, state or a local government, the Health Officer shall interpret these regulations to establish the greater protection of public health, safety and welfare. 1.16 If any section, subsection, paragraph, sentence, clause, or phrase of the regulation should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of these regulations, which shall remain in full force and effect. 1.17 These regulations supersede and replace Chapter 2 of the Gallatin City-County Health Code on the date they are adopted and in effect. These regulations repeal all of Chapter 4 of the Gallatin City-County Health Code on the date they are adopted and in effect. Section 2 APPLICATION, AUTHORIZATION, LICENSING AND VALIDATION PROCESS 2.1 In order to obtain a License or Registration an Applicant must Apply on forms provided by DPHHS or the Health Officer and pay all associated fees. 2.2 The Health Officer will determine if an Application is complete. If the Application is complete, it will be processed and evaluated in accordance with law. The Health Officer will issue a Validation, Registration or License upon determination that the Application complies with these regulations or Montana law. Any Validation, Registration or License may be reasonably conditioned by the Health Officer if such conditions are consistent with State Regulations and state and federal law. Conditions may include requirements for certain Licensees, Applicants or those with a Registration to display the common name of any food item and all contact information. 2.3 The Health Officer may invalidate, revoke, or recommend revocation of any License, Registration, Validation, or authorization upon good cause shown that a provision of these regulations, State Regulations, local ordinances or state and federal law has not 463 been followed. The Health Officer may deny an Application, Registration or Validation or may invalidate, revoke, recommend revocation, suspend, or modify any Validation, Registration or License, permit, authorization, approval, or registration for any person who has: A) Failed or refused to comply with the provisions of these regulations or any other law; or B) Obtained or attempted to obtain a permit or any other required certificate or approval by fraud, misrepresentation, purposeful omission or submits false or inaccurate information in support of its Application. Section 3 SUBSTANTIVE PROVISIONS 3.1 Temporary Food Establishments A) Temporary food establishments shall be operated in compliance with the State Regulations and the corresponding statutory authority set forth in these regulations and shall Apply for a License as set forth in these regulations. B) Bona fide nonprofit entities are exempt from fee and Registration if such entity is only operating the equivalent of a Cottage Food Operation. 3.2 Food Hazards A) The Board finds it necessary to protect against public health hazards by imposing the following specific requirements regarding hazardous foods. The Board will document the conditions that necessitate the imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to any Applicant or other person upon request and shall be maintained in files maintained by EHS for the Board. B) The Board finds the following products are potentially hazardous and the Board or Health Officer may impose reasonable conditions upon any Licensee or those with a Registration: i. Fresh squeezed juices a) must be discarded within 24-hours. ii. wild-harvested mushrooms. 3.3 Body Art A) The Health Officer on behalf of the Board shall report annually to DPHHS on the number of establishments that it licenses and regulates. 3.4 General Substantive Provisions and Clarifications 464 A) In order to comply with State Regulations, Retail Food Establishments must have sewage and drinking water systems that are approved in accordance with applicable local and state statutes, regulations and ordinances. Any approval by the Health Officer under any regulations of the Board may be conditioned on: i. written documentation or records to ensure that the sewage system is functioning and maintained properly including all necessary permits or approvals from State and local entities. ii. adequate equipment or procedures to properly collect and dispose of fats, oils and grease. The Health Officer may approve the location, size, applicability of minimum plumbing standards and the type of grease separation unit. iii. approval of a public water system under applicable local and state statutes, regulations and ordinances. iv. written documentation or records to ensure that any water system is functioning and maintained properly, including permits under applicable local and state statutes, regulations and ordinances. Section 4 INSPECTIONS AND ENFORCEMENT 4.0 The Health Officer may ask for assistance from the Gallatin County Code Compliance Specialist for investigation of violations of these regulations. 4.1 The Health Officer may conduct inspections: in accordance with relevant law, to protect against the introduction and spread of disease, for conditions of public health importance, or to ensure the removal of filth or other contaminants that might cause disease or adversely affect public health. 4.2 In enforcement of these regulations, the Health Officer may: A) Convene a meeting with an Applicant, Licensee or other person operating an Establishment where an Establishment does not conform with these regulations. B) Issue enforcement notices or orders directed to an Applicant, Licensee or other person operating an Establishment causing or responsible for the violation of these regulations including: 1) Ordering corrective measures necessary to effect compliance with these regulations which may include a compliance schedule; 2) Ordering work on or the use of any Establishment to stop until all necessary Licenses, permits, approvals and registrations are obtained;or 3) Invalidation, denial, suspension, modification, or revocation of Licenses, permits, approvals, or Registrations. 465 C) Initiate civil or criminal actions, including a request for the assessment of penalties or fines allowed by law. D) Report violations to DPHHS for enforcement. 4.3 Any enforcement order issued under this section shall: A) Be in writing and may contain a basic legal property description of the parcel(s) of land upon which the Establishment is located. B) Name the person or persons to whom the order is directed. C) Briefly describe each action or inaction constituting a violation of these regulations or other relevant law. D) Specify any required corrective action, if applicable. E) Specify the effective date of the order, with time or times of compliance. F) Provide notice of the consequences of failure to comply. Such notices may include a statement that continued or repeated violation may subject the violator to: 1) Invalidation, denial, suspension, or revocation of any License, permit, approval, or Registration; 2) Request for civil enforcement and prosecution in court; or 3) Other appropriate remedies including a report of violation to DPHHS. G) Provide the name, business address, and phone number of an appropriate staff person who may be contacted regarding an order. 4.4 Enforcement orders should be served in the manner of service of a summons in a civil action or sent by certified mail or in another manner showing proof of receipt. 4.5 The Board shall hear appeals which allege error of any written decision of the Health Officer. Appeals shall be conducted in accordance with regulations, rules and policies the Board establishes for that purpose. An appeal to the Board must be made within 30 calendar days after receiving written notice of the Health Officer and the Board shall either affirm, modify or reverse the decision of the Health Officer. 466 HEALTH CODE CHAPTER 2 FEES RETAIL FOOD, WHOLESALE FOOD, COTTAGE FOOD, HOTELS, MOTEL AND ROOMING HOUSES, PUBLIC POOLS, TATOOING AND BODY PIERCING, TOURIST CAMPGROUNDS, AND TRAILER COURT ESTABLISHMENTS Base Rate for Services…………………………………………………………………………… $84.00 Pre-operational inspection (based on 1 ½ hours)…………………………………. $126.00 + base rate for each additional hour Example: A 750 sq. foot new retail food establishment is subject to Plan Review (252.00) + Pre-operational inspection ($126) + State Issued Annual License Fee ($115.00) = $493.00 PLAN REVIEW MINOR REVIEW Description Fee Retail and Wholesale Food Establishment Up to 750 sq. feet or Mobile Unit 751 sq. ft. to 2,500 sq. ft. >2,500 sq. ft. Caterer or Manufacturer using licensed commissary kitchen Multi-Department Establishment Fee (Base Fee + Department Fees) Base Fee Up to 750 sq. ft. or Mobile Unit 751 sq. ft. to 2,500 sq. ft. >2,500 sq. ft. $252.00 + Pre-operational inspection $336.00 + Pre-operational inspection $420.00 + Pre-operational inspection $252.00 + Pre-operational inspection $420.00 + Pre-operational inspection $252.00 $336.00 $420.00 Hotels, Motels, and Rooming Houses Hotel/Motel with guest only food service facilities Motel/Hotel with no food service, Bed and Breakfast, Tourist Home, Rooming House $252.00 + Pre-operational inspection $168.00 + Pre-operational inspection $168.00 + Pre-operational inspection Public Pools and Swimming Areas Performed by Department of Public Health and Human Services Tourist Campgrounds and Trailer Courts $168.00 + Pre-operational inspection Tattooing and Body Piercing $168.00 + Pre-operational inspection Description Fee Hazard Analysis and Critical Control Points (HACCP) $336.00 Basic Ownership Change $84.00 + Pre-operational inspection Licensed Caterer or Manufacturer Commissary Review $84.00 + Pre-operational inspection Manufacturer/Retail Review (addition of 2nd license to already licensed facility or if both new establishments reviewed at the same time) $84.00 + Pre-operational inspection 467 OTHER FEES TATOOING AND BODY PIERCING ANNUAL LICENSE FEE ANNUAL STATE LICENSING FEES (Licenses expire every year on December 31st ) Description Fee Site Visit (based on 1 ½ hour/visit) Owner/operator requested $126.00 + base rate for each additional hour Cottage Food Operation Registration $40.00 Temporary Food Service Event Small (1-2 employees) Large (3 or more employees) $85.00 $115.00 Exemption Request $84.00 Extension Request $84.00 Education Course (4 hour) $20.00 per individual Description Fee Tattooing $135.00 Body Piercing $135.00 Ear Lobe Piercing Only $75.00 Temporary Body Art Event $84.00 + Pre-operational inspection Delinquent Fee $25.00 Description Fee Retail Food Establishments Small (1-2 employees) Large (3 or more employees) $85.00 $115.00 Wholesale Food or Beverage $115.00 Hotels, Motels, & Rooming Houses Up to 10 room 11 to 25 rooms 26 or more $40.00 $80.00 $160.00 Tourist Campgrounds and Trailer Courts Up to 10 room 11 to 25 rooms 26 or more Work camps Youth camps $40.00 $60.00 $120.00 $40.00 $40.00 Public Pools & Swimming Areas Pool Spa $200.00 $75.00 468 HEALTH CODE CHAPTER 3 Regulations for Wastewater Treatment Systems Effective August 23, 2015 Gallatin City-County Health Department Environmental Health Services 215 West Mendenhall, Room 108 Bozeman, MT 59715 (406) 582-3120 469 Health Code Chapter 3 Regulations Section 1 GENERAL PROVISIONS 1.1 The Gallatin City-County Board of Health (“Board”) recognizes the importance of the proper treatment and disposal of wastewater. Wastewater has been shown to contaminate ground water and surface water (drinking water). Fecal matter in wastewater can transmit parasites, bacteria and viruses to drinking water. Such contamination can cause diseases such as dysentery, infectious hepatitis, typhoid, paratyphoid, and various diarrheal infections. Wastewater has also been shown to carry many chemicals at levels that are above background conditions and which are known to directly or indirectly cause health hazards. Examples include ammonia, ammonium, nitrate, nitrite, phosphate, metals, pharmaceuticals, and personal care products. The regulations in Chapter 3 have been developed using standards which are based on proven technology for the siting, design, construction, installation, and maintenance of wastewater treatment systems, and are adopted to assist with the proper treatment and disposal of wastewater in order to reduce potential public-health hazards. 1.2 The authority and scope of these regulations are based on Title 50, Chapter 2, Part 1, Montana Code Annotated (“MCA”). These regulations apply to Gallatin County, Montana. 1.3 The Board adopts the following by reference in its current edition and also prospectively adopts any amendments made thereto by the State of Montana: A) Administrative Rules of Montana (“ARM”) Section 17.36, Subchapter 9 (“Treatment Rules”); and B) Circular DEQ 4, “Montana Standards for Subsurface Wastewater Treatment Systems.” (“DEQ 4”) 1.4 The Board authorizes the Health Officer to administer and enforce these regulations. 1.5 Section 50-2-116, MCA allows the Board to charge reasonable and necessary fees for services as determined by the Board. This Regulation contains a Fee Schedule for services. Fees adopted in these regulations are based on, but do not exceed, the actual cost of service as determined by Gallatin County. 1.6 For orderly administration and enforcement of these regulations the Board may adopt policies consistent with these regulations and Montana law. 1.7 The Health Officer may develop procedures consistent with these regulations and Board policies to provide the means and methods for EHS to assist in the administration and enforcement of these regulations. 1.8 These regulations govern those individual, multiple-user, commercial and certain types of public subsurface wastewater treatment systems set forth in DEQ 4. 1.9 As used in these regulations the following definitions apply: Apply the act of any person who owns real property, in order to obtain any permit or authorization for a WWTS. In order to Apply a person must provide the Health Officer a COSA or a Site Evaluation. Applicant one who Applies or makes Application or an agent thereof. As-built a post-construction drawing, which accurately depicts WWTS components and other on-site features. Authorization to Construct upon issuance this authorization allows the construction, repair, replacement, or alteration of a WWTS. C & R Gallatin County Clerk and Recorder’s Office. 470 Certificate of Subdivision Approval (COSA)a certificate issued by MDEQ pursuant to 17-36-110, ARM reviewing and approving real property which requires a water supply and sewer (also known as Release of Sanitary Restrictions (RSR)). EHS Gallatin City-County Health Department, Environmental Health Services, an agent of the Health Officer. Final Approval is granted upon review and acceptance of the System Certification and an As-built. Health Officer the individual appointed by the Board as the Health Officer pursuant to Section 50-2- 116(1)(a), MCA or an agent of the Health Officer. Installer an individual possessing a valid Registration of Competency to construct, repair, replace, or alter a WWTS based on demonstration of sufficient evidence of competence to install WWTS components in accordance with manufacturer’s instructions and requirements of DEQ 4. MDEQ the Montana Department of Environmental Quality. Permit Number the number assigned in sequential fashion by the Health Officer which applies to both an Applicant’s individual Authorization to Construct and Permit to Operate a single WWTS. Permit to Operate upon Final Approval the authorization to operate a WWTS. Person (person) an individual, business association, limited liability company, partnership, corporation, government, or other legal entity. Registration of Competency a registration issued by the Health Officer to an individual who has demonstrated sufficient evidence of competence as required in DEQ 4 to perform Site Evaluations or to be an Installer in Gallatin County. Site Evaluation the act of evaluating the location of a proposed WWTS in accordance with DEQ 4. The Health Officer, in accordance with DEQ 4, may require prior authorization to conduct a Site Evaluation including any corresponding ground water monitoring. A Site Evaluation shall disclose the location of any previous or existing WWTS for a Tract of Record. Site Evaluator an individual who holds a Registration of Competency to perform Site Evaluations or an individual is qualified as a Site Evaluator based solely on the individual’s education, licenses or credentials that satisfy DEQ 4. System Certification a written acknowledgment that a WWTS or component(s) was installed in accordance with the Authorization to Construct and applicable regulations. Tract of Record a discrete parcel of real property as defined in Section 76-3-103(16)(a), MCA. Unpermitted WWTS any WWTS that does not have Authorization to Construct or Permit to Operate. Wastewater “Wastewater” located in Gallatin County, Montana as defined in the Treatment Rules. WWTS a “Wastewater treatment system” located in Gallatin County, Montana as defined in the Treatment Rules including any pipes, conduits, or other stationary method by which water, sewage, or solid wastes might be transported or distributed through the system. 471 1.10 A person violates these regulations or does not comply with the rules set forth in these regulations if the person: A) Constructs, repairs, replaces, or alters a WWTS unless the person holds an Authorization to Construct. B) Allows, promotes or facilitates the construction, repair, replacement or alteration of a WWTS without an Authorization to Construct. C) Operates or uses a WWTS without a Permit to Operate. D) Generates or disposes of Wastewater in a manner or with a WWTS that does not comply with DEQ 4, in violation of the Treatment Rules, or without a Permit to Operate the WWTS. 1.11 A Permit to Operate may be subject to no more than a 5-year termination date from the date of issuance for re-examination to determine compliance with these regulations 1.12 An Authorization to Construct or a Permit to Operate may be denied if an Applicant does not comply with other agencies, districts, or other governmental entity’s bylaws, ordinances, laws, rules or regulations. 1.13 An Authorization to Construct will only be issued if the following are properly recorded with the C & R: A) A Tract of Record where the WWTS will be located; and B) A COSA or a Health Officer approval (if applicable) for the Tract of Record where the WWTS will be located. 1.14 A WWTS authorization or permit governs only the installation and operation of wastewater treatment systems. A WWTS approval or inspection by the Health Officer does not guarantee the workmanship, operation or longevity of any system. Subdivision covenants are not enforceable under these regulations. No WWTS approval or permit is considered a building permit or any other permit that may be required by other agencies to build in Gallatin County. 1.15 An Application or request for assistance with a Site Evaluation or ground water monitoring establishes the Applicant’s consent to allow the Health Officer or agents thereof to enter the property for determining compliance with state and local approvals and regulations. 1.16 Any new construction, repair, replacement, or alteration of any portion of or all of an existing WWTS, or change in use of improvements to real property, may require that the entire system meet these regulations for location, design and construction of a WWTS based on a determination of the Health Officer regarding substantial compliance with these regulations, Montana law and the health, safety and welfare of the public. 1.17 The Health Officer shall apply the Treatment Rules, DEQ 4 and these regulations to any Application notwithstanding the terms of any COSA that applies to the real property. For the purpose of evaluating any Application, the Health Officer shall assume that any COSA requirements are for one single-family dwelling per Tract of Record if not already specified in the COSA. 1.18 The owner of the property served by the WWTS is responsible for system operation and maintenance in accordance with the Treatment Rules, DEQ 4 and these regulations. The Health Officer may require proof of compliance with these regulations. 1.19 In any case where a provision of these regulations is in conflict with a provision of any law, zoning, building, fire, safety or health ordinance, regulation or code of the federal, state or a local government the Health Officer shall interpret these regulations to establish the greater protection of public health, safety and welfare. 1.20 If any section, subsection, paragraph, sentence, clause, or phrase of the regulation should be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of these regulations, which shall remain in full force and effect. 472 Section 2 AUTHORIZATION AND PERMITTING PROCESS 2.1 In order to obtain an Authorization to Construct an Applicant must Apply on forms provided by the Health Officer and pay all fees. The Application may be denied if it does not comply with these regulations. 2.2 Upon receipt of a complete Application the Health Officer will: A) Determine if a COSA has been recorded with the C & R with sufficient information to determine compliance with these regulations; or B) Review and verify a Site Evaluation to determine if suitable conditions exist for on-site wastewater treatment and disposal. 2.3 The Health Officer will issue an Authorization to Construct and issue a Permit Number upon determination that the Application complies with these regulations. An Authorization to Construct is valid for 24 months unless modified upon showing of good cause to the Health Officer. 2.4 The Applicant must schedule an inspection with the Health Officer after installation of WWTS components by the Applicant. 2.5 A System Certification and As-built must be submitted to the Health Officer. Upon review of the System Certification and As-built, and determination of compliance with these regulations, the Health Officer will grant Final Approval and the Authorization to Construct becomes a Permit to Operate. A) An Unpermitted WWTS may receive a Permit to Operate and Permit Number when it is likely that public health will not be adversely affected after the Health Officer applies consistent criteria and standards in order to determine substantial compliance with these regulations and Montana law. B) The Health Officer is authorized to adopt procedures to issue an Authorization to Construct, Permit to Operate or Permit Number for a WWTS in exigent or other circumstances in order to protect the public health after the Health Officer applies consistent criteria and standards in order to determine substantial compliance with these regulations and Montana law. The Health Officer may reasonably condition any such permit, approval or registration. 2.6 An Authorization to Construct or Permit to Operate may be reasonably conditioned by the Health Officer if such conditions are consistent with the Treatment Rules and DEQ 4. 2.7 In evaluating an Application, the Health Officer shall take an abandoned WWTS or components thereof into consideration when identified in a Site Evaluation or by inspection. The Health Officer may condition any new Authorization to Construct or Permit to Operate on providing proof that WWTS components including septic tanks, grease traps, dosing tanks or pumping chambers are emptied by a person licensed by MDEQ to do so and: A) Removed and disposed of at an approved facility; B) Filled with sand, gravel or soil and buried in place or C) Crushed and buried in place. 2.8 A Permit Number may be issued for a permit or authorization of another governmental authority in order to create a record of a WWTS. 473 2.9 The Health Officer may invalidate or revoke any permit or authorization upon good cause shown that a provision of these regulations, the Treatment Rules or DEQ 4 have not been followed. The Health Officer may deny an Application or may invalidate, revoke, suspend, or modify any permit, authorization, approval, or registration for any person who has: A) Failed or refused to comply with the provisions of these regulations or any other law regulating the operation of a WWTS; or B) Obtained or attempted to obtain a permit or any other required certificate or approval by fraud, misrepresentation, purposeful omission or submits false or inaccurate information in support of its Application. Section 3 SUBSTANTIVE PROVISIONS 3.1 A WWTS or a WWTS for which a Permit Number is issued must comply with the Treatment Rules, DEQ 4 and these regulations in order to obtain or maintain an Authorization to Construct or Permit to Operate. 3.2 The following regulations in this subsection are more stringent than the Treatment Rules and requirements of DEQ 4. The Health Officer shall maintain specific records of the Board’s written findings which are based on evidence in the record made after a public hearing and public comment that these regulations: 1) protect public health and the environment; 2) can mitigate harm to the public health or environment; and 3) are achievable under current technology. The Health Officer’s records must show the basis of the findings from information and peer-reviewed scientific studies that form the basis for the Board's conclusion. The written findings must also include information from the hearing record regarding the costs to the regulated community that are directly attributable to these Regulations that are more stringent than the Treatment Rules and requirements of DEQ 4. A) Systems installed in medium sand, sandy loam soils with percolation rates faster than 10 mpi or with application rates greater than or including 0.6 gpd/ft2 must be pressure dosed. B) To construct, repair, replace, or alter a WWTS a person must hold a valid Registration of Competency as an Installer. 3.3 The Health Officer may require monolithic, sealed or ballasted tanks in high ground water areas in order to meet the requirements of DEQ 4. 3.4 Public Wastewater Treatment Systems: Plans for public WWTS shall be reviewed and approved by MDEQ pursuant to Section 75-6-102, MCA and the Health Officer will issue a Permit Number based on approved MDEQ plans. Replacement or additional system components not covered under the originally MDEQ approved design may require a review and local approval prior to construction. Section 4 ENFORCEMENT AND VARIANCES 4.1 The Health Officer may ask for assistance from the Gallatin County Code Compliance Specialist for investigation of violations of these regulations. 4.2 The Health Officer may: A) Convene a meeting with an Applicant or owner of property with a WWTS that does not conform with these regulations. 474 B) Issue enforcement notices or orders directed to the owner or operator of a WWTS or other person causing or responsible for the violation of these regulations including: 1) Ordering corrective measures necessary to effect compliance with these regulations which may include a compliance schedule; 2) Ordering work to stop on or the use of any WWTS or portion thereof until all necessary, permits, approvals and registrations are obtained; or 3) Invalidation, denial, suspension, modification, or revocation of permits, approvals, or registrations. C) Initiate civil or criminal actions, including a request for the assessment of penalties or fines allowed by law. 4.3 Any enforcement order issued under this section shall: A) Be in writing and contain a basic legal property description of the parcel(s) of land. B) Name the person or persons to whom the order is directed. C) Briefly describe each action or inaction constituting a violation of these regulations or other relevant law. D) Specify any required corrective action, if applicable. E) Specify the effective date of the order, with time or times of compliance. F) Provide notice of the consequences of failure to comply. Such notices may include a statement that continued or repeated violation may subject the violator to: 1) Invalidation, denial, suspension, or revocation of any permit, approval, or registration; 2) Request for civil enforcement and prosecution in court; or 3) Other appropriate remedies. G) Provide the name, business address, and phone number of an appropriate staff person who may be contacted regarding an order. 4.4 Enforcement orders should be served in the manner of service of a summons in a civil action or sent by certified mail or in another manner showing proof of receipt. 4.5 As per 17.36.922, ARM, the Board will hear variance requests from the Treatment Rules and DEQ 4. The Health Officer may provide additional forms and charge fees for consideration of a variance. 4.6 If a variance request is approved, the Board’s findings will be filed at the C & R’s office for the subject property. 4.7 If a variance is denied, the Application is denied, and any new proposal must start with a new Application. When a variance is denied the Applicant may appeal to MDEQ under Section 75-5-305, MCA. 4.8 The Board shall hear appeals which allege error of any written decision of the Health Officer. Appeals shall be conducted in accordance with regulations, rules or policies the Board establishes for that purpose. An appeal to the Board must be made within 21 days of a written decision of the Health Officer and the Board shall either affirm, modify or reverse the decision of the Health Officer. 475 Memorandum REPORT TO:City Commission FROM:Jessica Ahlstrom, Water Conservation Program Manager Scott Shirley, Interim Director of Public Works Anna Rosenberry, Assistant City Manager SUBJECT: Resolution 5315, Declaring a Stage One Drought, Implementing Stage One Drought Response Measures and Stage One Drought Surcharges, and Authorizing the Bozeman City Manager to Issue or Rescind Additional Drought Stage Declarations and Drought Surcharges and Implement Additional Drought Response Measures through Administrative Orders MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:I move to approve Resolution 5315, Declaring a Stage One Drought, Implementing Stage One Drought Response Measures and Stage One Drought Surcharges, and Authorizing the Bozeman City Manager to Issue or Rescind Additional Drought Stage Declarations and Drought Surcharges and Implement Additional Drought Response Measures through Administrative Orders. STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today and tomorrow. BACKGROUND: On January 9, 2017 the City Commission approved Resolution 4728, adopting the City of Bozeman Drought Management Plan (Plan). The Plan sets forth a complete framework to monitor and respond to drought events of varying severities in order to protect the health and safety of the community by ensuring reliable water supplies are available for essential uses during times of shortage. The Plan outlines four drought stages and pursuant response measures. Drought stages increase in severity from stage one to stage four. Corresponding response measures become increasingly restrictive as drought stages increase. Generally, the Plan calls for voluntary water conservation during stage one, time of day and day of week watering restrictions during stage two, a lawn watering ban in stage three, and water 476 rationing in stage four. Drought communications increase in scope and frequency pursuant to the declared drought stage. Plan implementation relies upon regular monitoring of drought conditions through utilization of the drought monitoring and evaluation tool, which evaluates local data such as reservoir volume, snowpack, and streamflow, as well as regional and national climate indices. The evaluation of these data generate a drought score which provides City staff with the information needed to make recommendations to City Management and the City Commission for drought stage declarations. The drought monitoring and evaluation tool is currently indicating that Bozeman is at a stage one drought largely due to below normal streamflow and snowpack levels, as well as regional climate indices which indicate that Gallatin County is experiencing severe drought conditions. Notably hot and dry weather conditions in June have led to exceptionally high water demands due to increased outdoor water use throughout the city. As a result, current projections indicate the City may consume 75% of its available water supply in Hyalite Reservoir by the end of the 2021 irrigation season. The declaration of a stage one drought and implementation of stage one drought response measures includes increasing the scope and frequency of drought awareness and water conservation messaging to the public to encourage voluntary water conservation. No mandatory response measures, such as lawn watering restrictions, are included for this stage one drought declaration. Local print and television media outlets will receive press releases notifying the community of a stage one drought declaration. Stage one drought declaration and response measure messaging will be included on city webpages, social media outlets, newspaper and radio. Examples of outreach messaging are attached to this memo. Messaging will include a call to action asking residents to do their part to conserve water supplies and reference resources highlighting ways to reduce outdoor water use. The stage one drought declaration will also trigger the imposition of stage one drought surcharge rates pursuant to the adoption of Resolution 5065 in which these rates were established. Drought surcharges for each declared drought stage vary by customer class. Charges would be applied to the volumetric water rate for each customer class. For single family customers, the surcharge rate would change for each water use tier. 477 Due to the unpredictable and potentially severe nature of drought events, it is important to declare subsequent drought stages and pursuant response measures as soon as the need arises in order to adequately conserve water for essential uses. By approving this Resolution 5315 as presented, the City Commission authorizes the Bozeman City Manager to issue or rescind additional drought stage declarations and implement additional drought response measures through administrative orders, including the imposition of drought surcharge rates. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS: Costs for increased community outreach messaging will come from the Water Conservation Division’s operating budget. Attachments: Resolution 5215_Stage One Drought Declaration_July 13 2021.pdf Examples of Drought Outreach Messaging Materials.pdf Report compiled on: July 1, 2021 478 Version April 2020 RESOLUTION NO. 5315 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING A STAGE ONE DROUGHT, IMPLEMENTATNG STAGE ONE DROUGHT RESPONSE MEASURES AND STAGE 1 DROUGHT SURCHARGES, AND AUTHORIZING THE BOZEMAN CITY MANAGER TO ISSUE OR RESCIND ADDITIONAL DROUGHT STAGE DECLARATIONS AND DROUGHT SURCHARGES AND IMPLEMENT ADDITIONAL DROUGHT RESPONSE MEASURES THROUGH ADMINISTRATIVE ORDERS. WHEREAS, the Bozeman City Commission is authorized pursuant to the laws of the State of Montana including Section 7-13-4402, MCA, to adopt, enter into, and carry out means for securing a supply of water for the use of the City and its inhabitants; and WHEREAS, the Bozeman City Commission is committed to drought preparedness pursuant to the Drought Management Plan (Plan) adopted by Resolution 4728 by the City Commission on January 9, 2017; and WHEREAS, the Plan defines four stages of drought that increase in severity from Stage 1 to Stage 4 and provides specific drought response measures for each drought stage that reduce system-wide water use to avoid depleting the City’s available water supply; and WHEREAS, drought response measures become more protective of the City’s water supply as drought severity increases to preserve the City’s available water supply for those purposes essential to public health, safety, and welfare; and WHEREAS, the Plan includes a transparent, quantifiable, and scientific drought monitoring framework and evaluation tool (Drought Tool), maintained by the City Water Conservation Division, that evaluates local drought conditions by examining local water supply data as well as regional and national drought indices; and WHEREAS, the Drought Tool can recognize drought in its early stages and accurately assess increasing or decreasing drought severity over time by calculating a local drought score; and 479 Version April 2020 WHEREAS, the City may evaluate and rely upon indicators of drought conditions in addition to those contained in the Plan in determining whether to initiate a drought stage, drought surcharges, or water use restrictions; and WHEREAS, on July 6, 2021 the Drought Tool calculated a local drought score of 1.20, which indicates Stage 1 drought status; and WHEREAS, the local drought score is on an upward trend that is expected to continue into the foreseeable future given the current exceptionally low local streamflow and snowpack levels and forecasted hot and dry weather; and WHEREAS, system-wide water demands registered at the City’s Water Treatment Plant are remarkably high due to persistent hot and dry weather patterns with current projections indicating the City may consume 75% of its available water supply in Hyalite Reservoir by the end of the 2021 water year; and WHEREAS, Bozeman Municipal Code Chapter 40, Division 4, provides authority for the Director of Public Works to implement outdoor water use restrictions and may do so in furtherance of the adoption of this Resolution; and WHEREAS, after public notice and the opportunity for comment, the City Commission adopted Resolution 5065 on August 19, 2019, which established the imposition of drought surcharge rates on water customer utility bills during periods in which a drought declaration is active in order to ensure water utility revenues are adequate to preserve essential public services, and the health, safety, and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 The Bozeman City Commission hereby declares a Stage 1 drought as Stage 1 is defined in the Plan and related response measures limited to voluntary water conservation efforts only, which will be supported through outreach and education focusing on efficient irrigation system operation. Section 2 The Bozeman City Commission hereby delegates authority to the City Manager to issue, by Administrative Order, subsequent drought declarations that either advance to a subsequent drought stage or rescind a declared drought stage including this Stage 1 declaration. Each Administrative 480 Version April 2020 Order so issued that advances to a subsequent drought stage shall include relevant drought response measures imposed upon water users within the City of Bozeman and which are similar to the response measures for each stage as outlined in the Plan. Section 3 The Bozeman City Commission hereby imposes Stage 1 drought surcharges for water use from the City’s water utility with bills due Sept 15th, 2021, which correlates to an effective date of August 1, 2021, pursuant to the schedule provided for in Resolution 5065 for Stage 1. The Commission hereby delegates to the City Manager the authority to adopt drought surcharges for any subsequent drought stage declarations. The City Manager’s authority to impose drought surcharges must comply with the drought surcharge rate schedule adopted pursuant to Resolution 5065. Should the City Manager declare a Stage 2 or higher drought stage prior to August 1, 2021, the City Manager’s adopted drought surcharge will supersede the Commission’s adoption of Stage 1 surcharge and control the surcharge rates in effect beginning August 1, 2021. Should the City Manager adopt surcharges for any subsequent drought stage the surcharge will be effective on the date established by the City Manager. The City Manager may rescind drought surcharge rates, including the surcharges rates for Stage 1, by Administrative Order. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: 481 Version April 2020 ___________________________________ GREG SULLIVAN City Attorney 482 Attachment A: Drought Outreach Messaging Examples 483 Memorandum REPORT TO:City Commission FROM:Jeff Mihelich, City Manager Greg Sullivan, City Attorney SUBJECT:Resolution 5311, Submitting to the Voters the Question of Authorizing the City to Exceed the Statutory Mill Levy Limits Through An Annual Levy of Up to Seven (7) Mills for the Purpose of Community Housing MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Resolution RECOMMENDATION:I Move to Approve Resolution 5311, Submitting to the Voters the Question of Authorizing the City to Exceed the Statutory Mill Levy Limits Through An Annual Levy of Up to Seven (7) Mills for the Purpose of Community 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: The Bozeman Strategic Plan (Sect. 4.5) calls for the City to provide a substantial, broad-based and reliable source of funding for the construction of community housing. The Bozeman Community Housing Action Plan lists a series of action strategies the City and the community should take to address the lack of community housing in Bozeman. These strategies include submitting to the voters the question of establishing a dedicated and perpetual funding source for the City’s community housing programs. On March 23, 2020 city staff presented the Commission with a discussion on options for implementing the Strategic Plan and Community Housing Action Plan. The analysis provided by City staff can be found here. On May 4, 2021 the Commission adopted Resolution 5294 directing the City Manager to prepare the attached Resolution 5311 for your consideration. The direction included submitting to the voters at the general municipal election on November 2, 2021 the question of approving an annual levy of up to seven mills above the City’s current mill levy limit. 484 Resolution 5311 contains findings related to the need for a dedicated and perpetual funding source for community housing. The Resolution also details the types of programs the funding will be used for. Generally, this includes acquiring, constructing, developing, preserving, and supporting community housing. For details on the uses of this funding please refer to section 2 of the Resolution. Section 3 of the Resolution indicates that levying up to seven mills will raise, for fiscal year 2023, approximately $905,961.00. Section 4 of the Resolution indicates the authority to levy up to seven mills each fiscal year will be perpetual. The specific ballot language to be presented to the voters is provided at section 5 of the Resolution. Please note the ballot language must contain a statement on the estimated tax impact on a home with a taxable market value of $100,000 and $200,000. If the Commission adopts this Resolution, staff will work with the Gallatin County Clerk and Recorder to provide the required notice of the election and place the question on the November ballot. City Manager Mihelich will develop and implement an educational program to be deployed beginning in August to run through the election. The City must create an incidental political committee through the Montana Commissioner of Political Practices and track and report expenditures related to the education program. A page on the City’s website dedicated to the November ballot questions will also be developed. UNRESOLVED ISSUES:None identified. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The fiscal effects of adopting this resolution to the City are minimal. The impacts to property tax payers are provided for in the ballot language in the resolution. Attachments: Mill Levy Resolution Comm Housing 6 29 21 FINAL.docx Report compiled on: June 30, 2021 485 Resolution 5311 Page 1 of 4 RESOLUTION 5311 A RESOLUTION OF THE BOZEMAN CITY COMMISSION SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF BOZEMAN, MONTANA, THE QUESTION OF AUTHORIZING THE CITY OF BOZEMAN TO EXCEED THE STATUTORY MILL LEVY LIMIT PROVIDED FOR IN SECTION 15-10-420, MCA, THROUGH AN ANNUAL LEVY OF UP TO SEVEN (7) MILLS FOR THE PURPOSE OF ACQUIRING, CONSTRUCTING, DEVELOPING, PRESERVING, AND SUPPORTING COMMUNITY HOUSING. WHEREAS,Section 4.5 of the Bozeman Strategic Plan, adopted by the City Commission pursuant to Resolution 4852, calls for the City to provide a substantial, broad-based and reliable source of funding for the construction of communityhousing and for the City to actively encourage Bozeman’s major employers to develop housing programs for their employees; and WHEREAS,the high cost of housing in Bozeman has an unacceptable impact on the well- being and prosperity of the Bozeman community through its impact on individuals and families and the ability of businesses to find and retain qualified employees; and WHEREAS,the Bozeman Community Housing Needs Assessment (2020) indicates between 5,400 and 6,340 housing units are needed over the next five years to address the current housing shortfall for residents and the City’s work force and that 60% of these units need to be priced below market to meet the full range of community housing needs; and WHEREAS,the Bozeman Community Housing Action Plan lists a series of action strategies the City and community should take to address the lack of community housing in Bozeman and the Action Plan’s strategies include pursuing a dedicated and perpetual funding source such as a mill levy or bond issue to fund community housing programs; and WHEREAS,the City has played a key role in addressing housing needs within our community through programs and partnerships with public and private agencies yet the lack of long-term sustainable funding remains a significant challenge to effectively implementing these programs; and 486 Resolution 5311 Page 2 of 4 WHEREAS,according to the Gallatin Association of Realtors the median sales price for a single family home in the city of Bozeman increased 44% between May of 2020 and May of 2021 while the median sales price for a condominium/townhouse increased 40% during the same period; and WHEREAS, and the cost of rental housing has likewise seen a dramatic increase over the past year; and WHEREAS,the affordability of housing is directly related to its availability – without an adequate supply of housing throughout the community the cost of housing will continue to increase; and WHEREAS,the Bozeman City Commission finds the current housing crisis requires broad based community solutions including active participation of private businesses, landowners and developers,residents, the State of Montana, other local governments, non-profit organizations, and the City; and WHEREAS,the Commission determines presenting the voters with the choice to create a perpetual funding source in the form of a dedicated mill levy of seven (7) mills will help the City continue its efforts to provide and support community-based housing programs; and WHEREAS,even with a dedicated funding source the City must continue to pursue other action strategies called for in the Community Housing Action Plan. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 Referral to the Electors: That the question authorizing the City of Bozeman to exceed the statutory mill levy limit provided for in Section 15-10-420, MCA by annually levying up to seven (7) mills is hereby referred to a vote of the qualified electors of the City of Bozeman by mail ballot at the 2021 general election. Section 2 Specific Purpose for Additional Money: That the additional money will be used to provide funds for City programs related to community housing including, but not limited to, providing or supporting the administration of City programs and the acquisition, construction, development, 487 Resolution 5311 Page 3 of 4 preservation, and support of community housing throughout the City. The funds may be used for specific purposes related to community housing including but not limited to: administering the City’s housing programs (including costs related to salary and benefits of city employees or the City’s agents) and home buyer education and counseling; providing grants to public and private entities who acquire, construct, develop, manage, preserve, rehabilitate, steward, or support community housing; establishing a revolving loan program for the above uses; down-payment and rental assistance; funding programs related to transitional and emergency housing; payment of impact fees and other regulatory and professional service fees for community housing projects; payment or reimbursement of off-site infrastructure costs related to community housing; the acquisition of legal interests in existing housing; and for the purchase of legal interests in land to be developed as community housing. Section 3 Specific Number of Mills Imposed and Approximate Amount of Money to be Raised: If passed, the City Commission will be authorized to levy up to seven (7) mills annually. The dollar amount to be raised will change annually depending on the value of a mill. Based upon the fiscal year 2021 mill rate, the specific dollar amount to be raised in fiscal year 2023 would be approximately $905,961.00. Section 4 The Duration Limit of the Levy: There is no durational limit on the levy. The levy will be perpetual and may be levied annually. Section 5 Form of Ballot: The ballot form shall be: COMMUNITY HOUSING MILL LEVY Shall the City Commission of the City of Bozeman, Montana,be authorized to exceed the statutory mill levy limit provided for in Section 15-10-420, MCA, by annually levying up to seven (7) mills for the purpose of acquiring, constructing, developing, preserving and supporting community housing throughout the City and related administrative costs? The specific amount of money that is to be raised will change annually depending on the value of a mill. Based on the 2021 fiscal year mill rate, the specific dollar amount to be raised in fiscal year 2023 would be $905,961.00. The Commission’s authority to levy shall not sunset. The annual property tax impact on a home with a taxable market value of $100,000 will be approximately $9.45 per year. The annual property tax impact on a home with a taxable market value of $200,000 will be approximately $18.90 per year. 488 Resolution 5311 Page 4 of 4 FOR authorizing the City Commission of the City of Bozeman to exceed the statutory mill levy limit provided for in Section 15-10-420, MCA, by annually levying up to seven (7) mills to fund the acquisition, construction, development, preservation, or support of community housing. AGAINST authorizing the City Commission of the City of Bozeman to exceed the statutory mill levy limit provided for in Section 15-10-420, MCA, by annually levying up to seven (7) mills to fund the acquisition, construction, development, preservation, or support of community housing. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 13th day of July, 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 489 Memorandum REPORT TO:City Commission FROM:Jeff Mihelich, City manager Greg Sullivan, City Attorney Kristin Donald, Finance Director SUBJECT:Resolution 5316, Calling for Election for General Obligation Bonds for Fire Station 2 Relocation and Recreation Facilities Renovations MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Administration RECOMMENDATION:Move to approve Resolution 5316, Calling for Election for General Obligation Bonds for Fire Station 2 Relocation and Recreation Facilities Renovations. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:In open session of a regular meeting on March 23, 2021, the City Commission reviewed information regarding possible ballot questions for the November 2021 Election that included projects and direction adopted in Resolution 5207. The City Commission then adopted Resolution 5294 giving the City Manager direction for preparing for the November 2021 Election: Staff will work towards the steps for ballot language, that the Commission will need to adopt, and public education for the following: Bonding to fund Fire Station 2 Relocation Bonding to fund Recreation Facility renovations for the Swim Center, Bogert Pool and the Lindley Center Funding the Affordable Housing Program with up to 7 mill Levy (beyond the levy Cap) This resolution adopts the the ballot language for the two questions for bonding of Fire Station 2 Relocation and renovations for Recreation Facilities. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. 490 FISCAL EFFECTS:None at this time. Attachments: Resolution 5316 Calling for Election Fire Station Rec Center Final.docx Report compiled on: July 1, 2021 491 RESOLUTION NO. 5316 A RESOLUTION OF THE CITY COMMISSION SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF BOZEMAN, MONTANA, THE QUESTION OF ISSUING GENERAL OBLIGATION BONDS FOR THE PURPOSE OF PAYING THE COSTS OF DESIGNING, CONSTRUCTING, EQUIPPING AND FURNISHING A NEW FIRE STATION 2; AND THE QUESTION OF ISSUING GENERAL OBLIGATION BONDS FOR THE PURPOSE OF PAYING THE COSTS OF DESIGNING, CONSTRUCTING, EQUIPPING AND FURNISHING IMPROVEMENTS TO THE BOZEMAN SWIM CENTER; THE BOGERT POOL; AND THE LINDLEY CENTER; AND COSTS ASSOCIATED WITH THE SALE AND ISSUANCE OF EACH SERIES OF BONDS BE IT RESOLVED by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”) as follows: Section 1 Recitals. It is hereby found, determined and declared as follows: 1.01. Authorization. The City is authorized pursuant to Section 7-7-4221, Montana Code Annotated, upon approval of the electorate of the City, to issue general obligation bonds pledging the general credit of the City for any purpose authorized by law, provided that such indebtedness will not cause the total indebtedness of the City to exceed 2.5% of the total assessed value of taxable property of the City, determined as provided in Section 15-8-111, Montana Code Annotated, ascertained by the last assessment for state and county taxes. The Commission is authorized pursuant to Section 7-7-4223, Montana Code Annotated, to call a bond election by adopting a resolution to that effect. 1.02. Proposed Fire Station Project. The Commission determines there should be submitted to the electors of the City qualified to vote at bond elections the question of whether the Commission shall be authorized to sell and issue general obligation bonds of the City in the total principal amount of up to $6,730,000.00 for the purpose of paying the costs of designing, constructing, equipping and furnishing a new Fire Station 2 to better position resources to serve 492 2 growth in the southwestern areas of the City and costs associated with the sale and issuance of the bonds, which bonds shall bear interest at rates to be determined at the time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds, and subject to redemption as required by law. 1.03. Proposed Recreation Facilities Improvement Projects. The Commission determines there should be submitted to the electors of the City qualified to vote at bond elections the question of whether the Commission shall be authorized to sell and issue general obligation bonds of the City in the total principal amount of up to $2,280,000.00 for the purpose of paying the costs of designing, constructing, equipping and furnishing improvements to the Bozeman Swim Center; the Bogert Pool; and the Lindley Center and costs associated with the sale and issuance of the bonds, which bonds shall bear interest at rates to be determined at the time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds, and subject to redemption as required by law. 1.04. Debt Limitation. The Commission has determined that the issuance of general obligation bonds up to the total principal amount of Nine Million Ten Thousand and No/100 Dollars ($9,010,000.00) together with the outstanding principal amounts of all other general obligation indebtedness of the City will not cause the City to exceed its general obligation indebtedness limitation, which is currently calculated to be $221,682,901 (i.e., 2.50% x $8,867,316,046). 1.05. Elections. The Commission has determined there should be submitted to the electors of the City qualified to vote at bond elections two bond election questions, one regarding whether the Commission shall be authorized to sell and issue general obligation bonds of the City to obtain funds to pay the costs of Fire Station 2 and the other regarding whether the Commission shall be authorized to sell and issue general obligation bonds of the City to obtain funds to pay the costs of improving the Bozeman Swim Center, the Bogert Pool, and the Lindley Center. 1.06. Bonds. It is the judgment of the Commission that the total principal amount of up to Six Million Seven Hundred Thirty Thousand and No/100 Dollars ($6,730,000.00) in general obligation bonds will be necessary to carry out the purpose set forth Section 1.02 above and that the total principal amount of up to Two Million Two Hundred Eighty Thousand and No/100 493 3 Dollars ($2,280,000.00) in general obligation bonds will be necessary to carry out the purpose set forth Section 1.03 above. It is also the judgment and determination of the Commission that such general obligation bonds may be issued in multiple series, each series payable during a term not to exceed twenty (20) years and subject to redemption as provided by law. Section 2 Calling of the Election. The City Commission hereby calls and directs that a special City election be held in conjunction with the general election on November 2, 2021, for the purpose of voting on the following questions: Question 1: Proposed Fire Station Project Shall the City Commission of the City of Bozeman, Montana (the “City”) be authorized to sell and issue general obligation bonds of the City in one or more series in an aggregate principal amount not to exceed Six Million Seven Hundred Thirty Thousand and No/100 Dollars ($6,730,000.00) bearing interest at rates to be determined at the time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds, for the purpose of paying the costs of designing, constructing, equipping and furnishing a new Fire Station 2 on a site located on the Montana State University campus to be leased by MSU to the City or other suitable location in the City; and costs associated with the sale and issuance of the bonds? Question 2: Proposed Recreation Facilities Improvement Projects Shall the City Commission of the City of Bozeman, Montana (the “City”) be authorized to sell and issue general obligation bonds of the City in one or more series in an aggregate principal amount not to exceed Two Million Two Hundred Eighty Thousand and No/100 Dollars ($2,280,000.00) bearing interest at rates to be determined at the time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds, for the purpose of paying the costs of designing, constructing, equipping and furnishing improvements to: the Bozeman Swim Center to include replacing perimeter drain tiles (gutter system), deck tiles, 494 4 and ceiling tiles, repairing the plaster shell, and replacing the HVAC system; the Bogert Pool to include replacing the concrete coping around the pool and the concrete gutter system, re-plastering the shell, repairing the concrete deck, and replacing the perimeter wall/fence; and the Lindley Center to include upgrading restrooms to meet current Americans with Disabilities Act requirements, replacing windows and log siding, upgrading the kitchen, insulating the east roof, installing floor and roof supports, improving the parking lot and related site improvements; and costs associated with the sale and issuance of the bonds? Section 3 Conduct of Elections. All qualified electors of the City shall be entitled to vote at the bond elections. The City Clerk is hereby authorized and directed to give notice of the call and details of the elections to the Gallatin County Election Administrator as soon as practicable and in any event on or the before the date required by the Gallatin County Election Administrator. The Gallatin County Election Administrator is requested to give notice of the close of registration and thereafter prepare printed lists of the qualified electors in the City entitled to vote in the elections in the City and to conduct the elections in the form and manner prescribed by law. Section 4 Notice of Elections. The City Clerk or the Gallatin County Election Administrator, as appropriate, is hereby authorized and requested to cause notice of the call and holding of the elections to be given by publishing notice at least three times no earlier than 40 days and no later than 10 days before each election in the Bozeman Daily Chronicle, a newspaper of general circulation in Gallatin County. The notice of elections as published shall read substantially as shown on Exhibit A hereto (which is incorporated by reference and made a part hereof), with such additions or deletions as are determined necessary or desirable. Section 5 Forms of Ballots. The ballots shall be printed in substantially the following forms, with such additions or deletions as are determined necessary or desirable: 495 5 OFFICIAL BALLOT CITY OF BOZEMAN, MONTANA GENERAL OBLIGATION BOND ELECTION FIRE STATION 2 PROJECT NOVEMBER 2, 2021 INSTRUCTIONS TO VOTERS: Completely fill in the oval using a blue or black ink pen before the words “FIRE STATION 2 BONDS —YES” if you wish to vote for the bond issue; if you are opposed to the bond issue, completely fill in the oval using a blue or black ink pen before the words “FIRE STATION 2 BONDS —NO.” Shall the City Commission of the City of Bozeman, Montana (the “City”) be authorized to sell and issue general obligation bonds of the City in one or more series in an aggregate principal amount not to exceed Six Million Seven Hundred Thirty Thousand and No/100 Dollars ($6,730,000.00) bearing interest at rates to be determined at the time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds, for the purpose of paying the costs of designing, constructing, equipping and furnishing a new Fire Station 2 on a site located on the Montana State University campus to be leased by MSU to the City or other suitable location in the City; and costs associated with the sale and issuance of the bonds? FIRE STATION 2 BONDS – YES FIRE STATION 2 BONDS – NO 496 OFFICIAL BALLOT CITY OF BOZEMAN, MONTANA GENERAL OBLIGATION BOND ELECTION RECREATION FACILITIES IMPROVEMENT PROJECTS NOVEMBER 2, 2021 INSTRUCTIONS TO VOTERS: Completely fill in the oval using a blue or black ink pen before the words “RECREATION FACILITIES IMPROVEMENT BONDS —YES” if you wish to vote for the bond issue; if you are opposed to the bond issue, completely fill in the oval using a blue or black ink pen before the words “RECREATION FACILITIES IMPROVEMENT BONDS — NO.” Shall the City Commission of the City of Bozeman, Montana (the “City”) be authorized to sell and issue general obligation bonds of the City in one or more series in an aggregate principal amount not to exceed Two Million Two Hundred Eighty Thousand and No/100 Dollars ($2,280,000.00) bearing interest at rates to be determined at the time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds, for the purpose of paying the costs of designing, constructing, equipping and furnishing improvements to: the Bozeman Swim Center to include replacing perimeter drain tiles (gutter system), deck tiles, and ceiling tiles, repairing the plaster shell, and replacing the HVAC system; the Bogert Pool to include replacing the concrete coping around the pool and the concrete gutter system, re-plastering the shell, repairing the concrete deck, and replacing the perimeter wall/fence; and the Lindley Center to include upgrading restrooms to meet current Americans with Disabilities Act requirements, replacing windows and log siding, upgrading the kitchen, insulating the east roof, installing floor and roof supports, improving the parking lot and related site improvements; and costs associated with the sale and issuance of the bonds? RECREATION FACILITIES IMPROVEMENT BONDS – YES RECREATION FACILITIES IMPROVEMENT BONDS – NO 497 2 Section 6 Notice to County Election Administrator. A copy of this Resolution will be provided to the Gallatin County Election Administrator as soon as possible after its adoption and approval in order to inform the Election Administrator of the details of the special election and the pertinent requests and authorizations as to the conduct of the special election. Section 7 Reimbursement Expenditures. (a) For purposes of this Section 7, “project” means the Fire Station 2 Project set forth in the first ballot above and/or the Recreation Facilities Improvement Projects set forth in the second ballot above. 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 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. (b) Other than (i) expenditures to be paid or reimbursed from sources other than the bonds, (ii) expenditures permitted to be reimbursed under the transitional provision contained in Section 1.150-2(j)(2) of the Regulations, (iii) expenditures constituting preliminary expenditures within the meaning of Section 1.150-2(f)(2) of the Regulations, or (iv) expenditures in a “de minimus” amount (as defined in Section 1.150-2(f)(1) of the Regulations), no expenditures for a project within the scope of this resolution have been paid by the City before the date 60 days before the date of adoption of this resolution. 498 3 (c) The City reasonably expects to reimburse the expenditures made for costs of such a project out of the proceeds of bonds in an estimated maximum aggregate principal amount of up to $9,010,000 ($6,730,000 with respect to the Fire Station Project and $2,280,000 with respect to the Recreation Facilities Improvement Projects) after the date of payment of all or a portion of the costs of such a project. 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. (d) 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 such a project, 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. (e) The City’s 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 project. Each allocation shall be evidenced by an entry on the official books and records of the City maintained for the bonds or the project and shall specifically identify the actual original expenditure being reimbursed. 499 4 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, this 13th day of July, 2021. ____________________________________ CYNDY ANDRUS Mayor ATTEST: ___________________________________ MICHAEL MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney (SEAL) 500 CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE I, the undersigned, being the duly qualified and appointed City Clerk of the City of Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No. ____ entitled: “A RESOLUTION OF THE CITY COMMISSION SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF BOZEMAN, MONTANA, THE QUESTION OF ISSUING GENERAL OBLIGATION BONDS FOR THE PURPOSE OF PAYING THE COSTS OF DESIGNING, CONSTRUCTING, EQUIPPING AND FURNISHING A NEW FIRE STATION 2; AND THE QUESTION OF ISSUING GENERAL OBLIGATION BONDS FOR THE PURPOSE OF PAYING THE COSTS OF DESIGNING, CONSTRUCTING, EQUIPPING AND FURNISHING IMPROVEMENTS TO THE BOZEMAN SWIM CENTER; THE BOGERT POOL; AND THE LINDLEY CENTER; AND COSTS ASSOCIATED WITH THE SALE AND ISSUANCE OF EACH SERIES OF BONDS” (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 at a regular meeting on July 13, 2021, 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: ; those Commissioners who voted against the same:. WITNESS my hand and seal officially this __ day of July, 2021. (SEAL) MICHAEL MAAS City Clerk 501 A-1 EXHIBIT A NOTICE OF GENERAL OBLIGATION BOND ELECTION CITY OF BOZEMAN, MONTANA NOVEMBER 2, 2021 NOTICE IS HEREBY GIVEN by the City Commission (the “Commission”) of the City of Bozeman, Montana (the “City”), that pursuant to a certain resolution duly adopted at a regular meeting of the Commission on July 13, 2021, a special city election of the registered voters of the City will be held in conjunction with the general election on November 2, 2021, for the purpose of voting on the following questions: Proposed Fire Station Project Shall the City Commission of the City of Bozeman, Montana (the “City”) be authorized to sell and issue general obligation bonds of the City in one or more series in an aggregate principal amount not to exceed Six Million Seven Hundred Thirty Thousand and No/100 Dollars ($6,730,000.00) bearing interest at rates to be determined at the time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds, for the purpose of paying the costs of designing, constructing, equipping and furnishing a new Fire Station 2 on a site located on the Montana State University campus to be leased by MSU to the City or other suitable location in the City; and costs associated with the sale and issuance of the bonds? Proposed Recreation Facilities Improvement Projects Shall the City Commission of the City of Bozeman, Montana (the “City”) be authorized to sell and issue general obligation bonds of the City in one or more series in an aggregate principal amount not to exceed Two Million Two Hundred Eighty Thousand and No/100 Dollars ($2,280,000.00) bearing interest at rates to be determined at the time of sale, payable semiannually over a term not to exceed twenty years for each series of bonds, for the purpose of paying the costs of designing, constructing, equipping and furnishing improvements to: the Bozeman Swim Center to include replacing perimeter drain tiles (gutter system), deck tiles, and ceiling tiles, repairing the plaster shell, and replacing the HVAC system; the Bogert Pool to include replacing the concrete coping around the pool and the concrete gutter system, re-plastering the shell, repairing the concrete deck, and replacing the perimeter wall/fence; and the Lindley Center to include upgrading restrooms to meet current Americans with Disabilities Act requirements, replacing windows and log siding, upgrading the kitchen, insulating the east roof, installing floor and roof supports, improving the parking lot and related site improvements; and costs associated with the sale and issuance of the bonds? The election will be conducted solely by mail ballot. Ballots will be mailed to all eligible registered voters in the City on October 13, 2021, and must be returned by each voter, to the 502 A-2 Gallatin County Election Administrator, 311 W. Main Street, Room 210, Bozeman, Montana 59715, or ballots may be delivered in person to the Gallatin County Election Office, 311 W. Main Room 210, in Bozeman, during regular business hours (8:00 a.m. to 5:00 p.m.) weekdays (exclusive of holidays) October 14, 2021 through November 1, 2021. On Election Day, November 2, 2021, the only places for deposit of voted ballots will be the office of the Gallatin County Election Administrator and such other ballot drop-off locations as are identified in the election instructions provided by the Gallatin County Election Administrator, which will be open from 7:00 a.m. to 8:00 p.m. All ballots will be tallied in the office of the Gallatin County Election Administrator on November 2, 2021 as required by law. A qualified voter who will be absent from the City during the time the election is being conducted may: (a) vote in person in the office of the Gallatin County Election Administrator as soon as the ballots are available and until 8:00 p.m. on Election Day; or (b) make a written request prior to noon on November 1, 2021, signed by the applicant and addressed to the office of the Gallatin County Election Administrator requesting the ballot be mailed to an address other than that which appears on the registration records. An elector may obtain a replacement ballot if his or her ballot is destroyed, spoiled, lost, or not received by the elector, by filling out and mailing, emailing, or faxing back a completed replacement ballot request form or by personally appearing at the office of the Gallatin County Election Administrator at 311 W. Main Room 210, in Bozeman. Ballots may be returned in person at the places of deposit listed in the election instructions of the Gallatin County Election Administrator, or returned by mail. If returning by mail, please use the then-prevailing first-class-postage price or one Forever Stamp. Postmark date does not apply; ballots returned by mail must be received by the 8:00 p.m. Election Day deadline to be counted. Electors who miss the close of registration deadline may register late and vote in the election if the County Election Administrator receives and verifies the electors’ voter registration information prior to noon on November 1, 2021. DATED this ____ day of ______________, 2021. /s/Eric Semerad Gallatin County Election Administrator Publish: October 3, 2021, October 10, 2021, and October 17, 2021 503 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Deputy City Clerk Mike Maas, City Clerk SUBJECT:Appointments to the Northeast Urban Renewal Board (NURB) MEETING DATE:July 13, 2021 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint members to the Northeast Urban Renewal Board with the following positions and terms: one voting member - business owner within the district, with a term expiring on July 31, 2022; one voting member - resident within the district, with a term expiring July 31, 2025. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:This board is established under Section 7-15-4232 of the Montana Code Annotated. Membership consists of nine positions serving staggered four- year terms after the initial appointment. The board shall consist of 5 voting members and not more than 4 non-voting members. The preferred composition of the voting members shall be: 2 business owners of businesses within the district; 2 residents from within the district; 1 member at-large. Voting members must reside within city-limits or own property within the district. The board shall be responsible to: (1) develop plans which implement the vision of the district; (2) review on an ongoing basis the operation and processes of all public agencies to assure that such activities are supportive of the plan; (3) advocate and coordinate the complete and full implementation of the plan. The board currently has three vacancies. The City Clerk’s Office has received two applications, with their relevant qualifications indicated below: One voting position - business owner within the district, term expiring July 31, 2022 | Qualifies C. Kees, One voting position - resident within the district term expiring July 31, 2025 | Qualifies J. Wesley-Wiese One non-voting member at-large, term expiring July 31, 2025 | Qualifies C. Kees, J. Wesley-Wiese Commissioner I-Ho Pomeroy is the City Commission liaison for this board. Northeast Urban Renewal Board appointments are Commission appointments. 504 UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:None. Attachments: 06-30-21 CAB Application - Charlie Kees, new applicant.pdf 06-10-21 CAB Application - J. Wesley-Wiese, reapplicant.pdf Report compiled on: July 2, 2021 505 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Thursday, July 1, 2021 7:31:58 AM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:07/01/2021 7:31 AM Response #:351 Submitter ID:39945 IP address:172.221.78.112 Time to complete:19 min. , 6 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 506 First Name Charlie Last Name Kees Physical Address 411 East Aspen Street PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 600-3382 Additional Phone (406) 600-3382 Current Occupation Landscape Architect Employer Field Studio Email ckees@fieldstudiola.com Which position are you applying for? (○) Northeast Urban Renewal Board (NURB) Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) Yes How long have you lived in the Bozeman Area? (○) 6-10 years Have you ever served on a City or County Board or Commission? (○) No Please explain your relevant qualifications, interests and experiences: I currently live and work in the Northeast Neighborhood and have a particular interest in the neighborhood. As a Landscape Architect I bring years of experience in design, community development and planning. Prior to moving to Bozeman in 2015, I lived on the western slope of Colorado and was actively involved within the community serving as chair of the planning and zoning commission for the town of Carbondale for 8 years. Through this experience I have gained a deep appreciation for the public process and I have learned how to solve complex problems through collaboration and communication. As a parent of a young child I want be proactive in working to help make Bozeman a better place for future generations. References: Please provide name, phone, and email contact information for two references. Reference 1 Mitch Overton - City of Bozeman Parks and Recreation Director moverton@bozeman.net 406-582-3222 Reference 2 Jeff Lusin jlusin@45arch.com 406-579-2006 The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. 507 If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? David Fine Is there any other information that you feel we need to know? Not answered If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 508 From:webadmin@bozeman.net To:Agenda Subject:Citizen Advisory Board Application Date:Thursday, June 10, 2021 7:57:58 AM A new entry to a form/survey has been submitted. Form Name:Citizen Advisory Board Application Date & Time:06/10/2021 7:57 AM Response #:350 Submitter ID:39263 IP address:69.145.181.11 Time to complete:13 min. , 10 sec. Survey Details Page 1 WELCOME Thank you for your interest in joining a Citizen Advisory Board. The City of Bozeman elected officials and staff believe in the value of public participation and local governance in the decision-making process. If you are applying for more than one vacancy please submit an individual application for each vacancy. Questions about this process can be directed to the City Clerk's office or by phone at 406-582- 2320. CONTACT INFORMATION The City will need to communicate with all board members via email for a number of annual communications, so a valid email address is required for all applicants. Please notify the City Clerk's Office if your email address changes for any reason. Please note that your application will become public information. All required fields are marked with a red asterisk *. STANDARDS OF CONDUCT Each official and employee serving on a multimember agency is expected to devote the time and effort necessary to ensure the successful functioning of such agency (Bozeman Municipal Code, Section 2.03.490.C.). Applicant Information 509 First Name Jeanne Last Name Wesley-Wiese Physical Address 707 N. Wallace Avenue PO Box (if different from physical address) Not answered City Bozeman State Montana Zip Code 59715 Primary Phone (406) 209-1968 Additional Phone Not answered Current Occupation teacher Employer self Email lazarusstudio@gmail.com Which position are you applying for? (○) Northeast Urban Renewal Board (NURB) Do You Live in the City Limits? (Some positions do require you live within Bozeman city limits while others do not.) (○) Yes How long have you lived in the Bozeman Area? (○) 11 years or more Have you ever served on a City or County Board or Commission? (○) Yes (If Yes, where and how long?) Bozeman 16 years Please explain your relevant qualifications, interests and experiences: I have been active in the Northeast Neighborhood for over 25 years. I have served on the NURB since it was first formed. I have been involved with the neighborhood organization and served as an officer for 20 plus years on that Board. I am one of the founders of the Bozeman Food Coop and served as it's organizer and then as it's first manager on Wallace Street. I am the only person left on the NURB that actually lives in the neighborhood and knows and understands the history of the area for the last 45 years, including the history of the Board. I am a resident in the District. References: Please provide name, phone, and email contact information for two references. Reference 1 Marianne Amsden livefreecounselingpllc@gmail.com 406 920-0888 Reference 2 Christopher Nixon christopherfnixon@yahoo.com 406 544-4901 510 The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? (○) Yes How did you hear about this board or vacancy? current term is up Is there any other information that you feel we need to know? Not answered If you have a disability that requires assistance or need accommodations, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Please note that for most Citizen Advisory Boards, materials are distributed electronically for each meeting. Your application and all information submitted is considered a public record. All applications are included in the City Commission’s Meeting materials for consideration which are electronically archived and available to the public. Thank you, City Of Bozeman This is an automated message generated by Granicus. Please do not reply directly to this email. 511