HomeMy WebLinkAbout05-09-23 City Commission Meeting Agenda & Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B.Pledge of Allegiance and a Moment of Silence
C.Changes to the Agenda
D.Public Service Announcements
E.FYI
F.Commission Disclosures
G.Consent
G.1 Accounts Payable Claims Review and Approval (Armstrong)
G.2 Authorize the City Manager to Sign a Professional Service Agreement with TD&H
Engineering to Provide Engineering Development Services to the City of Bozeman(Lehigh)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, May 9, 2023
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G.3 Authorize the City Manager to Sign a Task Order 2023TETC-002 with Sanderson Stewart for
the Black Avenue Bicycle Boulevard Project(Lonsdale)
H.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 per topic. Please note, the City Commission
cannot take action on any item which does not appear on the agenda. All persons addressing the
City Commission shall speak in a civil and courteous manner and members of the audience shall
be respectful of others. Please state your name and address in an audible tone of voice for the
record and limit your comments to three minutes.
Written comments can be located in the Public Comment Repository.
I.Special Presentation
I.1 What's the Plan Video(Clark)
J.Work Session
J.1 Micromobility Policy Work Session(Ross)
K.FYI / Discussion
L.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.
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.
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Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Nicole Armstrong, Accounts Payable Clerk
Levi Stewart, Assistant City Controller
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:May 9, 2023
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of claims as presented.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented
to the City Commission within one year of the date the claims accrued.
Claims presented to the City Commission under this item have been
reviewed and validated by the Finance Department. The Department has
ensured that all goods and services have been received along with necessary
authorizations and supporting documentation.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: May 4, 2023
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Memorandum
REPORT TO:City Commission
FROM:Lance Lehigh, PE, CFM, Engineer III
SUBJECT:Authorize the City Manager to Sign a Professional Service Agreement with
TD&H Engineering to Provide Engineering Development Services to the City
of Bozeman
MEETING DATE:May 9, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Service Agreement with
TD&H Engineering to provide Engineering Development Services to the City
of Bozeman.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND: In 2019, the City began retaining a consultant to provide additional support
with development review (i.e. infrastructure, occupancy, permitting, site
plan, etc.). The current contract with TD&H has expired, and therefore, an
advertisement for request for qualifications was placed in the Bozeman Daily
Chronicle on January 15th, January 22nd, and January 29th of 2023.
Qualifications were received from two firms which were distributed to a
selection committee of five City employees. TD&H was chosen as the most
qualified firm based on the written qualifications provided to the City.
The Professional Service Agreement will be effective for a three (3) year
period with an option to extend the contract an additional two (2) years. In
no case, however, may this agreement run longer than five (5) years.
Staff plans to utilize TD&H engineering on an on-call basis as deemed
appropriate in order to continue to satisfy deadlines, maintain our current
level of service, and address unforeseen support needs that arise.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:Development support services will be paid on a time-and-materials basis and
will be funded through the FY24 engineering department operating budget
for consultant support needs to not exceed $40,000 or as approved in the
final adopted FY24 budget.
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Attachments:
Attachment A - TD&H 2023 Scope of Services & Rate
Schedule
Professional Service Agreement.pdf
Report compiled on: April 27, 2023
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ATTACHMENT A - COB Development Review
Scope and Fee Description
April 2023
Page 1 of 1
SCOPE OF SERVICES
1. DEVELOPMENT REVIEW SCOPE OF SERVICES
Services to be provided generally include but are not limited to:
A. Engineering development reviews for site plans, subdivisions, and other various
private development applications received by the Department of Community
Development, Engineering Department, or Building Department. These items may
include:
• Water/Sewer layout, design, and metering
• Potential conflicts with private and public utilities
• Stormwater design review
• Street layout and design
• Transportation facilities review
• Building permit review
• Occupancy review
• Conformance with Bozeman Municipal Code and Montana Code provisions
for subdivisions
B. Review of engineering design reports, specifications, and drawings.
C. Engineering Department permit reviews.
D. Provide review comments in a comprehensive technical memorandum that can be
conveyed to the applicant within a mutually agreed upon timeframe.
E. All consultation services will be coordinated through the representatives outlined
within the contract or their designees.
2. DEVELOPMENT REVIEW FEE
A. Fee compensation the contractor for all work directly related to the services outlined
within this scope of services shall be reimbursed on a Time & Material Basis, as detailed
in the attached TD&H Engineering 2023 Rate Schedule.
B. In the event additional services are required beyond what has been outlined in this
scope of services, the costs and details of services provided will be negotiated at that
time. The additional services may include, but not limited to, attendance to public
meetings, formal written reports beyond the standard development review requirements,
or GIS/mapping services.
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Professional Services Agreement for Engineering Development Review Term Contract Page 1 of 11
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, TD&H Engineering, 234 E Babcock Street, Suite 3,
Bozeman, MT 59715, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 9th day of May 2026, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. 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
and not to exceed $40,000. 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,
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.
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b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
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7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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]
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own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
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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 Lance Lehigh 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 Kyle Scarr 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
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designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
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been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
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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
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parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of two years by written agreement of the Parties. In no case, however, may this Agreement run longer
than Five Years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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 TD&H Engineering
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
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Greg Sullivan, Bozeman City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Task Order 2023TETC-002 with
Sanderson Stewart for the Black Avenue Bicycle Boulevard Project
MEETING DATE:May 9, 2023
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Task Order 2023TETC-002 with
Sanderson Stewart for the Black Avenue Bicycle Boulevard Project
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 City continues to implement projects identified in the 2017
Transportation Master Plan (TMP) and expand the focus on active
transportation. At their June 22, 2021 meeting the Bozeman City
Commission set aside funds for a Bicycle Boulevard Study. Under the
Transportation Engineering Term Contract, this task order will carry forward
that effort. Black Avenue is identified in the TMP as a Bicycle Boulevard.
Additionally in the 2019 Downtown Bozeman Improvement Plan it is
identified as the Downtown Bike Hub. Based on this, Black Avenue was
selected for this task order. The work under the task order includes
evaluation of existing conditions, community engagement, identification and
installation of proposed treatments, and evaluation of interim installation.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:
The fee for this Task Order is $68,158. Funding for this effort was set aside by
commission and is currently included in the budget.
Attachments:
Task Order 2023TETC-002_Bicycle Boulevard.pdf
Scope of Work_2023TETC-002-Black Ave Bicycle Blvd.pdf
19
Report compiled on: March 17, 2023
20
City of Bozeman Transportation Engineering Term Contract
Task Order Number 2023TETC-002
PROJECT: Black Avenue Bicycle Boulevard
Issued under the authority of Transportation Engineering Term Contract Professional
Services Agreement with Sanderson Stewart for Architectural and Engineering
Services.
This Task Order is dated May 9, 2023 between the City of Bozeman Transportation and
Engineering Department and Sanderson Stewart (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
City: Taylor Lonsdale, Transportation Engineer
Contractor: Joey Staszcuk, Sanderson Stewart
SCOPE OF WORK: The scope for this task order is detailed in the attached
Transportation Engineering Term Contract Scope of Work – Task Order Number
2023TETC-002.
COMPENSATION: Sanderson Stewart will bill for its services on a lump sum basis with
a project total of $60,158. The provisions of the Professional Services Agreement shall
govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Sanderson Stewart
Jeff Mihelich, City Manager Danielle Scharf, Principal
21
Transportation Engineering Term Contract
Scope of Work – Black Avenue Bicycle Boulevard
Task Order No. TE23-002
5/3/23
Sanderson Stewart is pleased to provide this scope of work for design and implementation of a
bicycle boulevard along Black Avenue. This work is to be done as a part of the Transportation
Engineering term contract for engineering services. The consultant team for this project includes
Robert Peccia and Associates (RPA). Sanderson Stewart’s role on this project will be limited to
general project management and coordination with the term contract team as noted below. A
detailed scope of services from RPA is attached.
Scope of Work:
Phase 1 - Project Management and Coordination (Sanderson Stewart)
This phase of the project will include project initiation and general coordination with the City of
Bozeman and RPA. Sanderson Stewart will manage the overall project on behalf of the term
contract team, will attend meetings (if needed) with the City and RPA, and will review deliverables
provided by RPA.
Phase 2 – Black Avenue Bicycle Boulevard (RPA)
This phase of the project will include tasks outlined in the attached scope of work provided by RPA.
Fees and Billing Arrangements:
Phase Fee
1. Project Management and Coordination $3,000
2. Black Avenue Bicycle Boulevard $57,158
Total Fee $60,158
Sanderson Stewart will bill for its services on a fixed fee basis for a total of $ 60,158 as specified in
the fee table above. Sanderson Stewart shall submit invoices to the Client for work accomplished
during each calendar month. The amount of each monthly invoice shall be determined on the
“percentage of completion method” whereby Sanderson Stewart will estimate the percentage of the
total work accomplished during the invoicing period.
Project Schedule:
The anticipated schedule for this project will include data collection prior to MSU commencement,
concept plans and public involvement in early summer, pilot implementation in late summer and a
final report following the pilot project.
22
TO: Joey Staszcuk, PE, PTOE, RSP1 Community Transportation Studio Manager
FROM: Scott Randall Vice President
DATE: May 3, 2023
SUBJECT: Scope of Services City of Bozeman Transportation Engineering Term
TO2 – Black Avenue Bicycle Boulevard
Scope of Services
The City of Bozeman wishes to develop bicycle boulevard improvements for Black Avenue between
the Gallatin County Fairgrounds and the Gallagator Trail. This scope of services outlines a work plan
to fulfil the duties outlined in the preliminary scope of services provided by the City and discussed
during a scoping meeting held on March 07, 2023. The outlined work tasks include the development
and implementation of temporary improvements as a pilot project. Also included are supporting public
and stakeholder involvement activities. Based on our knowledge and understanding of the project, the
following major tasks have been identified to fulfill the desired the work plan:
• Task 1: Project Management and Coordination
• Task 2: Public and Stakeholder Involvement
• Task 3: Existing Conditions and Investigation
• Task 4: Temporary Concept Identification
• Task 5: Pilot Project Implementation
• Task 6: Develop Permanent Improvements (potential future task)
Task 1: Project Management and Coordination
This task includes overall project management aspects associated with managing this project, both
internal and external. General management and coordination duties include preparation and
facilitation for project team meetings; miscellaneous phone conversations and correspondence with
the project team, stakeholders, and the public; impromptu meetings that are not part of the regularly
scheduled meetings; internal project management duties to monitor scope, schedule, and budget; and
project invoicing and accounting activities.
ASSUMPTIONS:
• Project team meetings will be held periodically to review materials and discuss project status
with the City of Bozeman. Other participants may also be invited on an as needed basis.
• A project scoping meeting was held with the City of Bozeman and Sanderson Stewart on
March 07, 2023.
23
Black Avenue – Bicycle Boulevard May 03, 2023 Scope of Services
Page 2 of 4
TASKS:
1.1. General administration and coordination duties
1.2. Prepare scope of services, fee estimate, and engineering agreement
1.3. Prepare for and facilitate up to three (3) project team meetings
DELIVERABLES:
• Scope, schedule, and fee estimate
• Engineering services agreement
• Project team meeting materials
• Monthly invoices and progress reports
Task 2: Public and Stakeholder Involvement
Public and stakeholder engagement activities under this task will focus on getting feedback and
providing education on potential treatment options. For the outreach, we will develop concept graphics
so that the public can visually see what improvements are being proposed and why.
An open house will be held to discuss the temporary improvement concept prior to implementation.
An informational mailer will be sent out to adjacent residents and businesses ahead of the meeting. A
stakeholder engagement activity will also be held to solicit feedback and provide an update on the
project. The activity will be defined in coordination with the City at a later date.
ASSUMPTIONS:
• One (1) public open house will be held to discuss potential concepts and improvement options.
This scope of work does not include media advertisement or facility costs necessary for public
involvement activities.
• A postcard mailer will be developed and distributed to adjacent residents ahead of the public
open house.
• A list of key stakeholders and interested parties will be developed to include agencies,
business owners, special interest groups, and key officials. Key stakeholders and interested
parties will be invited to attend the public open house.
• If any additional public or stakeholder outreach is needed, it will need to be amended to this
scope of services.
TASKS:
2.1. Develop and maintain contact list
2.2. Prepare and distribute notice of open house
2.3. Prepare for and facilitate public open house
2.4. Attend stakeholder outreach activity
2.5. Collect and respond to public comments
DELIVERABLES:
• Materials for public open house
• Miscellaneous outreach and involvement materials
• Public Comment Matrix
• Identified project goals
24
Black Avenue – Bicycle Boulevard May 03, 2023 Scope of Services
Page 3 of 4
Task 3: Existing Conditions and Investigation
This task involves collecting, reviewing, and developing information necessary for the evaluation and
conceptual design of improvements. We will utilize available data provided by the City and supplement
with data at spot locations and through field investigation. For existing conditions, we will begin by
evaluating available GIS data, plans, and other relevant information. We will supplement the available
information with an on-site review to observe and document infrastructure and site conditions. We will
build a base map of existing roadway conditions based on aerial photography and spot field measurements.
ASSUMPTIONS:
• The existing conditions evaluation will be based on available information and information
obtained through an on-site field review.
• Supplemental traffic and non-motorized data will be collected over a three-day period between
7:00AM and 7:00PM. The data will include midblock traffic counts at up to four (4) locations.
The data will be used to document traffic volumes and non-motorized activity. The final
locations will be determined in coordination with the City prior to data collection. No intersection
turning movement counts are included in this scope of services.
• Vehicle speed data will be collected by Sanderson Stewart at four (4) locations, two to the
north and two to the south of Main Street.
• If any data collection is needed, it will need to be amended to this scope of services.
• A field review and assessment will be conducted to evaluate site conditions, physical features,
presence of utilities, and other characteristics that may impact project design/development.
• No surveying activities will be completed. Aerial photography and GIS data will be used to
estimate roadway features and dimensions.
TASKS:
3.1. Review existing plans, documents, and policies
3.2. Collect supplemental traffic data
3.3. Evaluate existing and collected traffic data
3.4. Conduct field review and assessment
3.5. Develop base map of existing conditions
DELIVERABLES:
• Supplemental existing conditions traffic data
• Base map of existing conditions
Task 4: Temporary Concept Identification
Using the data collected in the previous task, we will identify preliminary concept options and treatment
ideas for improvements to the roadway corridor. The preliminary concepts will be evaluated to
determine their applicability and effectiveness to achieve the project goals. The evaluation will result
in the identification of a recommended concept for the corridor.
ASSUMPTIONS:
• Preliminary concept treatments will be identified and evaluated based on existing conditions
and their applicability and anticipated effectiveness in achieving project goals.
• Planning level sheets of the corridor will be developed to graphically represent the concept
treatments and installation. The sheets may be supplemented with spot example typicals or
treatment details.
25
Black Avenue – Bicycle Boulevard May 03, 2023 Scope of Services
Page 4 of 4
TASKS:
4.1. Identify preliminary concept treatments
4.2. Evaluate treatment options
4.3. Identify recommended improvements treatments
4.4. Develop concept graphics
DELIVERABLES:
• Initial concept treatments
• Recommended concept graphics
Task 5: Pilot Project Implementation
Once temporary treatments are identified, concept plans for the pilot project installation will be
developed. A list of materials and estimated costs will be developed. A report will be prepared to
summarize the concept identification, pilot project implementation, and considerations for permanent
improvements.
ASSUMPTIONS:
• Concept installation plans will be based on aerial photography and spot field measurements.
• Material availability and costs may influence the implementation plan and timeframe.
• A second round of data collection will be completed to document the change in use while the
pilot project is implemented. The data will be collected in the same manner as outlined
previously in Task 3.
TASKS:
5.1. Investigate temporary treatment materials and installation
5.2. Prepare pilot project implementation plans
5.3. Prepare list of materials and cost estimate
5.4. Coordinate with City on implementation plan
5.5. Collect and evaluate supplemental traffic data
5.6. Prepare Pilot Project Report
DELIVERABLES:
• Pilot project implementation plans
• Bill of materials
• Supplemental pilot project traffic data
• Draft Pilot Project Report
• Final Pilot Project Report
Task 6: Develop Permanent Improvements (potential future task)
If desired by the City, this task may be included through a future amendment after the pilot project is
completed.
Estimated Schedule
The goal of this project is to install temporary treatments by late summer of 2023. We plan to complete
field data collection in the spring before MSU commencement. Concept plans and public involvement
will occur in early summer with final recommendations and implementation planned by early August.
A final report will follow once the pilot project is complete.
26
Project:Black Avenue - Bicycle Boulevard
ROBERT PECCIA & ASSOCIATES Client:Sanderson Stewart (City of Bozeman)
Fee Estimate for Engineering Services Date:5/3/2023
Senior Manager Senior Designer Traffic Engineer Project Engineer Engineering Tech Accounting
$ 216.80 $ 186.60 $ 139.89 $ 130.53 $ 105.38 $ 160.02 $ - TOTAL
1.0 PROJECT ADMINISTRATION AND COORDINATION
1.1 General administration and coordination duties 4.0 2.0 6.0
1.2 Prepare scope of services, fee estimate, and engineering agreement 4.0 4.0 8.0
1.3 Prepare for and facilitate up to three (3) project team
meetings 4.0 4.0 8.0
0.0
12.0 0.0 8.0 0.0 0.0 2.0 0.0 22.0
2.0 PUBLIC AND STAKEHOLDER INVOLVEMENT
2.1 Develop and maintain contact list 2.0 4.0 6.0
2.2 Prepare and distribute notice of open house 2.0 4.0 6.0
2.3 Prepare for and facilitate public open house 8.0 12.0 20.0
2.4 Attend stakeholder outreach activity 0.0 0.0 0.0
2.5 Collect and respond to public comments 2.0 2.0 4.0
0.0
14.0 0.0 22.0 0.0 0.0 0.0 0.0 36.0
3.0 EXISTING CONDITIONS AND FIELD INVESTIGATION
3.1 Review existing plans, documents, and policies 0.0 0.0 0.0
3.2 Collect supplemental traffic data 1.0 2.0 4.0 7.0
3.3 Evaluate existing and collected traffic data 2.0 4.0 2.0 8.0
3.4 Conduct field review and assessment 12.0 12.0 8.0 32.0
3.5 Develop base map of existing conditions 2.0 8.0 24.0 34.0
0.0
17.0 0.0 18.0 8.0 38.0 0.0 0.0 81.0
4.0 TEMPORARY CONCEPT IDENTIFICATION
4.1 Identify preliminary concept treatments 4.0 8.0 24.0 36.0
4.2 Evaluate treatment options 2.0 4.0 8.0 14.0
4.3 Identify recommended temporary improvements 2.0 4.0 12.0 18.0
4.4 Develop concept graphics 2.0 2.0 40.0 12.0 56.0
0.0
10.0 16.0 46.0 40.0 12.0 0.0 0.0 124.0
5.0 PILOT PROJECT IMPLEMENTATION
5.1 Investigate temporary treatment materials and installation 1.0 2.0 8.0 11.0
5.2 Prepare pilot project implementation plans 2.0 2.0 12.0 8.0 24.0
5.3 Prepare list of materials and cost estimate 1.0 2.0 8.0 11.0
5.4 Coordinate with City on implementation plan 2.0 2.0 4.0
5.5 Collect and evaluate supplemental traffic data 2.0 4.0 4.0 10.0
5.6 Prepare pilot project report 4.0 2.0 24.0 12.0 42.0
0.0
12.0 6.0 32.0 40.0 12.0 0.0 0.0 102.0
6.0 DEVELOP PERMANENT IMPROVEMENTS (potential future task)
0.0
0.0
0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
65.0 22.0 126.0 88.0 62.0 2.0 0.0 365.0
$ 14,092.26 $ 4,105.22 $ 17,626.25 $ 11,486.72 $ 6,533.67 $ 320.03 $ - $ 54,164.16 LABOR SUBTOTAL COST
TOTAL PERSON-HOURS
DESCRIPTIONTASK
Sub Total Hours
Sub Total Hours
Sub Total Hours
Sub Total Hours
Sub Total Hours
Sub Total Hours
27
Project:Black Avenue - Bicycle Boulevard
ROBERT PECCIA & ASSOCIATES Client:Sanderson Stewart (City of Bozeman)
Fee Estimate for Engineering Services Date:5/3/2023
Per Hour 2.50$ Hours 324 810.00$
Per Hour 7.00$ Hours 0 -$
Per Mile 0.655$ Miles 500 327.50$
Per Day 64.00$ Days 2 128.00$
Per Night 103.00$ Nights 0 -$
Per Hour 20.00$ Hours 0 -$
Per Hour 6.00$ Hours 288 1,728.00$
DIRECT EXPENSE SUBTOTAL 2,993.50$
54,164.16$
2,993.50$
57,158$
Traffic Data Collection (TMC) - Miovision
Per Diem - Day
Per Diem - Lodging
Traffic Data Collection (ATR) - Miovision
DIRECT EXPENSES
Computer
CADD
Mileage
TOTAL:
SUMMARY OF ENGINEERING SERVICES
Loaded Labor
Direct Expense
28
Project:Black Avenue - Bicycle Boulevard
ROBERT PECCIA & ASSOCIATES Client:Sanderson Stewart (City of Bozeman)
Cost Estimate for Engineering Services Date:5/3/2023
Task Description Total Manhours Labor Subtotal Direct Expense Total Estimated Cost
1.0 PROJECT ADMINISTRATION AND COORDINATION 22 $ 4,040.81 $ 282.75 $ 4,323.56
2.0 PUBLIC AND STAKEHOLDER INVOLVEMENT 36 $ 6,112.86 $ 285.25 $ 6,398.11
3.0 EXISTING CONDITIONS AND FIELD INVESTIGATION 81 $ 11,252.46 $ 1,009.00 $ 12,261.46
4.0 TEMPORARY CONCEPT IDENTIFICATION 124 $ 18,074.46 $ 310.00 $ 18,384.46
5.0 PILOT PROJECT IMPLEMENTATION 102 $ 14,683.58 $ 1,106.50 $ 15,790.08
6.0 DEVELOP PERMANENT IMPROVEMENTS (potential future task)0 $ - $ - $ -
365 $ 54,164.16 $ 2,993.50 $ 57,158 TOTAL
29
Memorandum
REPORT TO:City Commission
FROM:Takami Clark, Communications and Engagement Manager
Jeff Mihelich, City Manager
SUBJECT:What's the Plan Video
MEETING DATE:May 9, 2023
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Receive the special presentation
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The City has developed and been executing on a number of plans to help
successfully shape our future. However, these documents are often
hundreds of pages long and many residents are unaware that we have any
sort of plan. The 'What's the Plan?' video series aims to change that by
providing educational and engaging information through a series of short
videos. This first video serves as an example of what's to come in the series.
UNRESOLVED ISSUES:None identified
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: May 1, 2023
30
Memorandum
REPORT TO:City Commission
FROM:Nick Ross, Director of Transportation and Engineering
SUBJECT:Micromobility Policy Work Session
MEETING DATE:May 9, 2023
AGENDA ITEM TYPE:Policy Discussion
RECOMMENDATION:Provide input regarding potential revisions to City policies and procedures
governing the operation of shared micromobility services.
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 City of Bozeman is seeing an increasing number of citizens and visitors
using micromobility modes of transportation. Since 2019 commercial
enterprises promoting and renting micromobility vehicles are operating in
the City. In April of 2021 the City Commission passed Ordinance 2072 which
amended Chapter 36 of the Bozeman Municipal Code to update definitions
and establish license requirements for these Commercial Shared
Micromobility businesses. The first business was Blink Rides, a local E-
scooter company that operated in 2019 and 2020. In 2021 Bird Scooters, a
national company, began operating along with Blink Rides. Blink Rides did
not operate in 2022.
Section 3 of Ordinance 2072 added Sec. 36.01.130 Licensing and regulation
of commercial shared micromobility businesses to the Bozeman Municipal
Code (BMC). Subsection B. Application; requirements to be determined by
City Manager states "A commercial shared micromobility business must
complete and submit an application and a signed Acknowledgement of
Terms of Operation to the Department of Public Works prior to deploying its
fleet. Terms of Operation required for the license shall be determined by the
City Manager who may revise such terms in order to adapt to the City’s
needs and the changing industry. Terms of operation will include, but are
not limited to insurance and indemnification requirements and provisions for
the suspension or revocation of licenses."
Since 2019, City staff has worked with the operators to address concerns
expressed from residents and business owners regarding the operation and
storage of the scooters. The improvements included the implementation of
31
parking corrals for micromobility devices in the downtown. The
micromobility companies are required to only deploy their vehicles in these
corrals and users are required to park the vehicles in the corrals in order to
end a ride.
After the 2022 season, city staff worked with Citifi, a consultant, to identify
potential policy changes to continue to evolve the Terms of Operation to
address concerns from residents and businesses. Staff will present the
results of that work and look for input from Commission on policy direction.
UNRESOLVED ISSUES:None identified.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:None.
Attachments:
20230222_Bozeman TAB Shared Micromobility
Memo.docx.pdf
Bozeman Micromobility Policy Toolkit.pdf
Report compiled on: February 17, 2023
32
MEMORANDUM
TO:City of Bozeman Transportation Advisory Board
FROM:Cityfi
CC:City of Bozeman Department of Public Works Staff
DATE:February 17, 2023
RE:Transportation Advisory Board Discussion:Building an Outcome-Centered
Shared Micromobility Policy Framework for Bozeman
This memo provides a brief update to the City of Bozeman’s Transportation Advisory Board
(TAB) on the City’s effort to review and adopt a new shared micromobility policy framework.
The memo also summarizes the nature of Cityfi’s engagement with the City of Bozeman and
socializes some foundational ideas for the TAB to consider as the City updates its shared
micromobility policy and management strategies centered on community outcomes. During
the TAB meeting on February 22, 2023, we will prioritize our discussion on the following
decision points.
Context
Since 2019, the City has piloted several shared micromobility operators in Bozeman. These
pilots were an important proving ground. The City is now in a unique position to evaluate its
current regulatory framework, review past operator requirements, and establish new
methods to partner with and manage these services.
In December 2022, the City of Bozeman engaged Cityfi, an urban change management and
innovative mobility consultancy, to develop a policy toolkit to guide the City’s shared
micromobility policy framework to serve articulated community goals and outcomes. A
well-designed program will expand mobility options in Bozeman while meeting the public
interest. The framework should both advance these objectives and mitigate challenges
revealed by the pilot deployment.
Outcomes
Before designing the policy framework, the City should clarify the outcomes that the shared
micromobility program will seek to achieve. These are articulated in a number of foundational
plans, including the Strategic Plan, Community Plan, Climate Plan, Transportation Master
Plan and Downtown Bozeman Improvement Plan.
Cityfi.co 1
33
We propose that the goals and key outcomes of transportation generally for Bozeman, and
micromobility services and their management specifically, are to:
●Provide safe, convenient and low-emission travel options to get people where they
need to go.
●Protect the safety and accessibility of people traveling by all modes in the city -
walking, bicycle or scooter, transit and private vehicle.
●Reduce transportation costs and increase affordable mobility options and
connectivity.
●Improve Bozeman as a great place to live, work, learn, play and do business.
●Strengthen Bozeman’s environmental stewardship in light of sustained urban growth
Achieving these outcomes involves:
●Preserving the orderliness of the public right-of-way and compliance with applicable
rules for use and operation.
●Collaborative and mutually accountable partnerships with public and private mobility
service providers.
●Meaningful performance monitoring and management and proactive program
interaction for improvement.
Five Big Ideas
Cityfi will document a comprehensive set of policy, regulatory, and management
recommendations in the policy toolkit deliverable. We hope to focus Wednesday’s discussion
on five foundational “Big Ideas”:
Big Idea 1:Prepare for change with a broader regulatory framework..
Big Idea 2:Cultivate locally-appropriate and responsive solutions through a single
operator multi-year partnership.
Big Idea 3:Ensure equitable service design (e.g.,income-eligible fares, rider incentives,
equity zones, engagement, multi-lingual services, etc.).
Big Idea 4:Bring order to the street through context-sensitive parking strategies (such as
corrals and demarcated parking zones, in-street parking, and geofencing).
Big Idea 5:Iteratively learn through data.
Cityfi.co 2
34
City of Bozeman
Shared Micromobility
Policy Toolkit
March 2023
35
2
Table of Contents
Background 3
Citywide Objectives 4
Big Ideas 5
Setting the Stage 7
History of Micromobility in Bozeman 7
Current Policy and Regulatory Landscape 8
State of the Industry 10
Market Realities 10
Evolving Business Models 10
Industry Consolidation 10
Operator Stickiness 10
Learning from Other Places 12
License Agreement Structures 12
Innovative Fee Structures 13
Parking Management Strategies 14
Data Sharing, Management, and Open Data 15
Policy Toolkit 16
Big Ideas 16
Big Idea 1: Broadened Regulatory Framework 17
1.1 Enable Future Form Factors 17
1.2 Update Operating Parameters within a Service Level Agreement 17
Big Idea 2: Single Multi-Year Operator 19
2.1 Shift to a Selective Procurement Process 20
2.2 Offer Incentives to Encourage Desired Behavior 20
Big Idea 3: Equitable Service Design 20
3.1 Identify Areas of Mobility Need 21
3.2 Require Community Outreach and Engagement 21
3.3 Establish Equitable Pricing Requirement 21
Big Idea 4: Orderly Parking Strategies 22
4.1 Establish Performance-Based Fleet Sizing 22
4.2 Formalize and Expand Micromobility Parking Program 22
4.3 Expand Designated Parking Zones 23
Big Idea 5: Iterative Learning through Data 23
5.1 Develop Data Sharing and Management Policy 23
5.2 Establish Reporting Requirements 23
Policy Toolkit Summary 24
36
3
Background
The City of Bozeman contracted with Cityfi to align on a clear set of goals and objectives for
shared micromobility and to provide best-in-class shared micromobility policy and
programmatic recommendations to best position Bozeman for a sustainable and outcome-
centered partnership. The Shared Micromobility Policy Toolkit is a guiding document that
recommends new policies and regulations, procurement strategies, and management tools for
the Shared Micromobility Program’s 2023 and 2024 operating season. The Toolkit outlines
longer-term strategies that will establish a foundation on which Bozeman and its partners can
take a proactive approach towards managing, regulating, and guiding emerging mobility
services and programs. This framework is informed by an assessment of Bozeman’s past and
current shared micromobility rules and regulations, key trends in shared micromobility,
stakeholder engagement, and best practices for implementation and management.
37
4
Citywide Objectives
Bozeman is one of Montana’s fastest growing cities and, now, one of the fastest growing
micropolitan statistical areas in the country. As the population and economy continues to grow
and diversify, residents and visitors seek a wider array of mobility options to get around
Bozeman. Bozeman is generally a car-dependent community, with the majority of work-based
and non-work based trips involving driving alone or carpooling. Up until Bozeman began
permitting scooters, public transit, operated by Streamline bus, was one of the few alternatives
available, with service limited to five fixed-route bus lines operating on 30-minute headways
during traditional business hours. Encouraging the use of shared micromobility gives residents
and visitors sustainable and affordable options to meet daily travel needs. It also advances
Bozeman’s commitment to environmental stewardship by decreasing drive alone trips, and
consequently pollution and congestion.
The Shared Micromobility Policy Toolkit will steer the Shared Micromobility Program towards
achieving broader citywide mobility, safety, and sustainability goals. These goals were
developed in close collaboration with City staff and reflect a long-term vision for the city. These
are to:
● Provide safe, convenient and low-emission options to get people where they need to go .
● Protect the safety and accessibility for all travelers - walking, rolling, or driving.
38
5
● Reduce transportation costs and increased affordability and connectivity.
● Improve Bozeman as a great place to live, work, learn, play and do business.
● Strengthen Bozeman’s environmental stewardship.
Big Ideas
While shared micromobility is popular and increases mobility choice in Bozeman, the current
permitted system is not without its issues. Bozeman’s Shared Micromobility Toolkit provides a
menu of strategies to address key issues while ensuring the CIty can develop long-term,
invested partnerships with private sector micromobility vendors. The Toolkit is anchored by five
big ideas, each of which play a critical role in helping to realize the near- and long-term desired
outcomes of the program:
1 Broadened Regulatory Framework
2 Single, Multi-Year Operator
3 Equitable Service Design
4 Orderly Parking Strategies
5 Iterative Learning Through Data
These big ideas are anticipated to aid in addressing key concerns of current operations, improve
overall performance, and better position the Shared Micromobility Program for a future which
satisfies the aforementioned goals.
39
6
Setting the Stage
As new mobility services and technologies come online, Bozeman is focused on steering
policies, programs, and pilots around the public’s interests. Achieving that outcome requires
identifying lessons learned from past pilot programs and assessing current state and local
policies and regulations.
History of Micromobility in Bozeman
Bozeman launched the state’s first shared scooter pilot program in Spring 2019 in partnership
with Blink Rides. The city used the pilot program as a means to evaluate existing regulatory
frameworks and operator requirements, test new methods for managing micromobility services,
and identify opportunities to refine the existing regulatory framework in service to community
goals and values. Starting with 65 e-scooters deployed across downtown and the fairgrounds,
the program later expanded to 150 devices.
Demand was initially strong during the pilot launch, signaling the community’s growing interest
in micromobility. During its first six weeks, the program saw over 3,000 app downloads (in a city
of roughly 50,000 residents), over 12,000 miles ridden, and more than 7,000 rides completed,
keeping pace with the industry standard utilization of three rides per device per day. Like many
other cities, Bozeman also experienced challenges while piloting micromobility solutions. Police
reported incidents of e-scooter misuse, such as sidewalk riding, parking violations, and
collisions involving other road users. By 2021, such reports surged. To address these concerns,
Blink implemented Red Zones - geofenced areas where scooters could not operate. Red Zones
included the Gallatin Valley Mall, the Montana State University campus, and the Downtown
parking garage. At the same time, Blink extended service hours to accommodate shift workers
who required additional travel options as they commuted outside of traditional working hours.
In February 2021, Bozeman passed its micromobility ordinance and partnered with Bird. As part
of the new permit cycle, Bozeman piloted a parking management strategy that required riders
traveling within downtown to end their rides in one of 15 designated parking zones sited along
key commercial corridors. Between 2021 and 2022, more than 10,000 unique riders have used
the service and traveled more than 100,000 miles.
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Current Policy and Regulatory Landscape
Montana state law generally devolves authority around traffic regulations and management of
the public right-of-way to local governments. State law defines and classifies e-bikes,
establishes licensure and insurance regulations, codifies helmet use and age restrictions, and
provides guidance on where e-bikes can travel. Under this arrangement, cities can test locally-
appropriate measures and play a proactive role in managing their shared micromobility
programs, such as establishing the fleet size and charging fees and determining where devices
are distributed.
Bozeman’s municipal code defines micromobility and motorized foot scooters based on the
physical attributes of existing form factors, such as size, wheel dimension, and low weight.
Ordinance 2072 establishes the City’s authority to create and regulate a Commercial Shared
Micromobility License. All operators must apply for and receive this license annually to operate
within City limits. The City Manager is authorized to establish permit application requirements
and the terms of operations, while the City Commission is authorized to set, by resolution, the
commercial shared micromobility license fees. Montana State University established a Personal
Transportation Device (PTD) Policy in 2020 that prohibits the use of privately-owned or
commercially-operated devices that lack the option for human-powered propulsion from being
used in certain parts of campus, which limits how Bozeman residents use shared micromobility.
Since the introduction of dockless shared scooters and bikes in the United States in 2017, many
cities have developed sophisticated, outcome-oriented rules and regulations to manage and
advance shared micromobility. Several Intermountain West communities have also recently
adopted policies to enable, expand, and further regulate shared micromobility operations in their
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jurisdiction that can help to inform future iterations of Bozeman’s program. Missoula’s
municipal code, for example, includes a more expansive definition for shared micromobility that
differentiates bicycles from different classes of e-bikes. It also includes prescriptive regulations
that inform deployment, vehicle safety features, and desired parking practices. The Billings MPO
completed a Bike & Scooter Feasibility Study to determine whether a bike or scooter share
system is an appropriate mobility solution. Completed in 2021, the study included an
assessment of different operating models and proposed recommendations on service area
boundaries, governance models, and program fee structure.
Appendix A summarizes the policy and regulatory landscape in greater detail.
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State of the Industry
Market Realities
Despite declines in ridership and revenue during the COVID-19 pandemic, the micromobility
industry is expected to recover as micromobility travel becomes a fixture in the mobility
landscape. The U.S. is predicted to dominate the global business-to-consumer shared mobility
market by 2027, with a market value of $2 billion.
Evolving Business Models
The most common shared micromobility models are business-to-consumer (B2C) docked
systems, typically for station-based bike share, B2C dockless systems, frequently used for e-
scooters and free-floating bike share, and B2C subscription models where users have access to
an individual vehicle for longer periods of time and for which they are responsible for storage.
Coupled with sensible, outcome-focused regulation, some business models are better suited
than others in meeting specific community needs. Larger cities with more mature markets, such
as Los Angeles, Seattle, and San Francisco, have implemented hybrid systems that combine
two or more models, thereby enabling micromobility providers and their partners to right-size
mobility solutions to diverse contexts. Bozeman may choose to pursue a hybrid model, though
community-centered shared micromobility systems require public investment to support
ongoing operations.
Industry Consolidation
The micromobility industry consolidation is accelerating as the market matures, with larger,
more entrenched providers acquiring smaller providers. Bird, Helbiz, and Lyft, all publicly-traded
mobility companies, engaged in acquisitions since 2019 to gain access to larger markets.
Earlier in 2022, German-based Tier acquired Spin (previously operating out of Ford Mobility).
Despite the scale of these acquisitions, many providers still struggle with profitability. From the
perspective of providers, these challenges are attributed to over- and under-regulated partners,
short-term tenders with public agencies, and the patchwork of city-by-city regulatory landscape
that impact their ability to scale operations.
Operator Stickiness
The micromobility market within the U.S. is dynamic, with providers entering and exiting
markets in response to changing demand and evolving regulations. Many cities, including
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Bozeman, experienced the seemingly overnight launch of these services. Now, many cities are
experiencing the opposite as more entrenched providers start to withdraw from international
markets and small to mid-size U.S. cities. In Fall of 2022, Bird ceased operations in several U.S.
cities, citing a lack of a “robust regulatory framework” as a key concern leading to too much
competition and an oversupply of vehicles on crowded streets. Spin exited 10 U.S. cities in
2022, which included large, established markets such as Los Angeles and Miami, due to low
demand, oversaturation of competitors, and challenging operating cost structures that limited
their ability to operate profitably.
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Learning from Other
Places
License Agreement Structures
Cities are beginning to shift towards goals-based selection processes as they transition from
pilots to more permanent micromobility programs. Contract terms are becoming longer and
fewer permits are made available, enabling cities to establish long-term partnerships and to play
a more prominent role in shaping program outcomes. Longer contract terms signal to mobility
providers a city’s level of confidence in the local market. It also signals to cities an operator’s
long-term investment and commitment to local operations. For example, Denver, which
previously allowed up to seven providers to operate during its initial pilot, recently issued two,
five-year licensing agreements for its shared micromobility program. In Pittsburgh, the city
offered exclusivity and other incentives to encourage mobility providers offering different
solutions to collaborate with one another to create all-in-one mobility hubs near transit stops.
Other cities, like Seattle and Denver, have used their license agreements to ensure a mix of
micromobility form factors, including e-scooters, e-bikes, pedal bikes, and other seated
rideables.
Seattle Scooter Share Data & Permitting Program
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Innovative Fee Structures
Permit fees, penalty fees, and incentives are key levers cities use in managing micromobilty
programs in service of community goals. Cities use innovative fee structures to incentivize
desired operator behavior. For example, in addition to a standard per-vehicle fee, the City of
Portland’s program includes a Right-of-Way Use Surcharge Fee, where providers pay a variable
rate per available scooter per day based on where the scooter is made available. Rates are
discounted for scooters deployed in low-income neighborhoods or transit deserts compared to
those deployed in the central city. With this fee structure, Portland has the ability to enable
equitable deployment while managing vehicle saturation in coveted, high-activity areas. Portland
invests surcharge fees in safe travel infrastructure, dedicated micromobility parking, and
expanding equitable access to the program. The City of Charlotte implemented dynamic parking
fees in lieu of standard permit fees. A reduced fee is charged for scooters placed in areas
directly linked to or within walking distance of major transit stops while higher fees are charged
for scooters placed in the downtown core. Fee structures and amounts should balance financial
burden on the operator with desired outcomes. Likewise, fee revenue should be used to manage
the shared micromobility program, ensure rider safety, and invest in equitable access programs.
Portland Bureau of Transportation e-Scooter Program
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Parking Management Strategies
As stewards of the public right-of-way, cities continue to test and implement micromobility
parking strategies that maintain the orderliness of their streets. Several cities have paired fleet
maangement, physical infrastructure, digital tools, and rider education to guide where vehicles
are deployed and parked. Many cities manage fleet sizes that balance reliability with order.
More recently cities have shifted from artificial fleet caps to either:
● Device density between 30-40 devices per square mile, adjusted up or down depending
on trip productivity
● Flexible fleet minimums that are adjusted according to key metrics, such as trips per
device per day, system maintenance, and parking compliance, among others
Santa Monica, Austin, and Denver converted underutilized parking spaces or on-street bike
corrals into geofenced, designated shared micromobility parking zones. Other cities have used
geofencing to manage where parking is not permitted. For example, Seattle disallows parking in
Pike Place Market–the city’s highest pedestrian corridor. Both solutions can be paired with user
incentives to encourage desired parking practices. More recently, cities have piloted universal
charging stations that would allow docking of both e-bikes and e-scooters.
City of Santa Monica E-Scooter Parking Corrals
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Data Sharing, Management, and Open Data
Cities generally require mobility providers to share trip, deployment, and baseline operations
data so they can effectively manage the public right-of-way. The industry standard is to require
data sharing using the Mobility Data Specification. Some cities are also requiring providers to
develop open data portals or compliance dashboards to allow staff and the general public to
monitor performance. In many cases, cities use program fee revenue to subscribe to
micromobility data platforms that evaluate system performance and enable basic system
management functions, such as real-time geofencing and drafting digital policies.
As part of its permit program, San Francisco required providers to contribute to the San
Francisco Shared Mobility Dashboard, which provides publicly available data on trip origins and
destinations, citations, and deployment by neighborhood. Providers are also required to report
on metrics that align with the city’s safety, equity, sustainability, and workforce development
goals. Minneapolis also created an open data portal that tracks aggregated trip volumes, the
number of idle scooters at different time points throughout the day, and even complaints at the
neighborhood level.
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Policy Toolkit
Big Ideas
The Policy Toolkit is anchored by five Big Ideas intended to realize positive community
outcomes and a long-term vendor partnership. The Big Ideas, informed by the desired
outcomes, objectives, and gaps identified from the policy and regulatory scan and through
stakeholder engagement, guide the future direction of and regulatory methods for Bozeman’s
Shared Micromobility Program. Embedded within each Big Idea is the recognition of the
immense growth and change currently underway in Bozeman and with that, the real opportunity
to bring forth a broader mobility platform beyond scooters and e-bikes that can grow, expand,
and evolve with the community.
Each Big Idea consists of an array of supportive actions, procurement strategies, and tools that
have varying levels of influence on the micromobility industry and their ability to respond to
community needs. For instance, if few or insufficient incentives are available to providers
relative to operational exactions (e.g., fees, required deployment in equity-focused areas, etc.),
mobility providers may limit deployment in certain neighborhoods to reduce operating costs.
Striking the right balance, and taking into consideration the broader landscape in which
micromobility providers must navigate, is imperative in attracting and retaining sustainable
partnerships.
Balancing Regulation and Industry Support
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Big Idea 1: Broadened Regulatory Framework
Currently, the overarching regulatory approach is structured such that there is one regulation for
each mode, as reflected in the mode-based micromobility-related definitions within the
municipal code. Creating an umbrella set of regulations that apply to many types of form
factors and service models promotes innovation and enables Bozeman to adapt to changes
occurring within the ever-evolving micromobility industry.
The existing license agreement also provides limited guidance for how mobility providers
should shape local operations in service of citywide goals. Current regulations are limited to
include general provisions that establish a commercial license, insurance and licensing
requirements, and authorizing the City Manager to establish and enforce the terms of operation.
an outcomes-based regulatory framework that clearly defines mobility provider obligations,
terms of operations, and performance metrics is a foundational step towards achieving
program goals.
1.1 Enable Future Form Factors
Bozeman should amend its Traffic Ordinance with a broader definition of “Micromobility” and
“Motorized foot scooter.” Broadening the definition for micromobility, enables Bozeman to
better prepare for and proactively govern an evolving micromobility marketplace while driving
innovation. Broader, more inclusive definitions establish the foundation for a consistent,
standard, and form-factor-agnostic regulatory framework that benefits staff and micromobility
providers. The umbrella term must be expansive enough such that it can be applied to multiple
form factor-specific licenses, thereby minimizing the administrative burden of having to amend
the municipal code each time a micromobility device with slightly different shape or features is
introduced. The policy should specify, at a minimum, maximum vehicle weight of no more than
1000 lbs (to enable mopeds and other light duty shared vehicles that can operate in winter
conditions), propulsion type, general top-end vehicle dimensions, and top speed. Similarly, the
definition for motorized foot scooter should also be updated to include a maximum weight and
general vehicle elements robust enough to support shared public use. Additional caveats that
differentiate motorized foot scooters from other devices powered by an electric motor (e.g.,
wheelchairs, mopeds, etc.) should also be included.
1.2 Update Operating Parameters within a Service Level Agreement
Bozeman’s municipal code enables certain vehicles for public and shared use and should be
appended to the commercial license. The service level agreement that dictates operating
parameters should clearly convey operating guidance and provider responsibilities for the
Shared Micromobility Program. Additional provisions and revisions to existing terms should
include, at a minimum, the following:
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● Service Area - Define the service area within which a vendor may operate. The service
area should include MSU, but geofenced with restrictions based on their PTD policy.
● Restricted Areas of Operation - Define areas where micromobility devices cannot be
ridden (e.g., sidewalks, open space preserves, certain roadway types, along city
boundaries, shared-use paths, and any restricted riding areas designated by the City
Manager).
● Maximum Operating Speed - Specify the maximum operating speed and grant the City
Manager the authority to designate Reduced Speed Zones where lower speed limits
would apply. We recommend a maximum throttled speed of 15mph.
● Age Requirement and Helmet Use - Requirements should align with state laws. Helmets
should be encouraged but not required.
● Rider Limit - Specify the maximum capacity and number of riders that the device is
designed to carry.
● Parking Policy - Describe where devices must be parked (e.g., designated parking corral
or hub, bike rack, outside of restricted parking zones) and how devices should be parked
(e.g., parked upright such that it does not obstruct travel lanes, bike lanes, and
pedestrian walkways; maintain clearance within pedestrian walkways in compliance with
ADA regulations; and does not obstruct fire hydrants, curb ramps, driveways, bus stops,
loading zones, or other street access points).
● Enforcement - Identify the agency (Bozeman Police Department) that will enforce
parking rules, speeding, sidewalk riding, and other micromobility regulations.
The Commercial Shared Micromobility Licensing Agreement should be updated to include, at a
minimum, the following:
● Fleet Size - Defines the allowed minimum and maximum number of vehicles. Include
assessment criteria for fleet increases (e.g., utilization, compliance, deployment in
equity focus areas) and general guidance for rebalancing and fleet distribution. See Big
Idea 4 for more details on right sizing the fleet for reliability and parking orderliness.
● Fees - Defines the fees applicants and permitted providers pay to the City. All fees
should cover the cost for administering the program and should be commensurate with
staff capacity, available resources, and the City’s commitment to sustainable mobility.
Any excess fees should cover the planning, implementation, and installation of
micromobility parking areas. We recommend a per vehicle fee of $50 per vehicle,
assuming a fleet maximum, with incentives, of 250 vehicles.
● Deployment Policy - Determines where devices should be distributed by the operator at
regular intervals (e.g., daily or at specific times).
● Geofencing Requirements - Establish use cases for limiting or restricting where riders
can (or cannot) use and park devices. Typical use cases include throttling device speeds
in high-traffic areas and establishing temporary geofences for special events. The City
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should collaborate with MSU to pilot parking areas and restricted areas of operation on
campus using no ride and throttle geofences.
● Device, Equipment and Safety Features - Require devices to include specific safety
features, such as front and rear lights, reflectors, fenders, and device tag that includes
customer service contact information.
● Reporting Requirements - Specify the metrics that will be used to evaluate program
performance. Specify the format and frequency for which reports must be submitted to
Bozeman.
● Data Request - Ensure access to accurate, high-quality data. Specify data necessary
data points, the preferred data format, and the level of aggregation (e.g., by service area,
neighborhood, or special zones). Require the provider to share data and communicate
with the City via standardized APIs. Data should adhere to the Open Mobility
Foundation’s Mobility Data Specifications (MDS). Require the provider to share a user-
friendly, customizable data dashboard.
● Equity Considerations - Establish requirements to promote access amongst residents
experiencing a need. This may include requiring vendors to establish a low-income
discount program or dedicating a portion of their fleet in historically disinvested
neighborhoods. See Big Idea 3 for recommended direction.
● Procurement and Operator Incentives - Specify financial or other types of incentives
should vendors consistently meet or exceed service level agreements. Incentives may
include reduced fees, fleet expansion, or opportunities to deploy in high utilization areas.
Big Idea 2: Single Multi-Year Operator
The Commercial Shared Micromobility License is currently open to any vendor or operator that
meets the minimum requirements. The City issues the license on an annual basis to
micromobility providers that meet license requirements–an approach that was commonly
adopted for short-term shared micromobility pilots. While there are some advantages in
supporting multiple providers for a service (e.g., access to different vehicle types and diversified
risk), market demand is typically limited in communities of this size. A longer term agreement
with one operator is better suited for this context and its benefits outweigh the potential
downside of having access to fewer device types. These benefits include improved market
attractiveness, more active program management, better compliance outcomes, greater
investment in the community, and a simplified user experience. With less competition, providers
will have more resources to partner with city staff to co-design a program that accomplishes
operational and policy goals. The City will also have more leverage to establish stronger service
level agreements in exchange for long-term predictability. The primary goal of the single multi-
year operator environment is to build a lasting and rooted relationship between the City,
operator, and its customers.
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2.1 Shift to a Selective Procurement Process
Before the next operating cycle (2024), Bozeman should transition from an open license
agreement to a competitive procurement process. A fundamental first step is to begin
developing an objectives-based Request for Proposals (RFP) rooted in program goals and
objectives. The RFP should include language that clearly states Bozeman’s intent to work with a
single, exclusive operator. In addition, the RFP should align any program goals and objectives
with assessment criteria (e.g., strong compliance record, commitment to equity, multimodal
fleet requirements) that will be used to select a provider. Terms should be structured such that
it offers enough flexibility to attract providers with different offerings but prescriptive enough to
clarify the city’s expectations for engaging in this partnership.
An alternative approach that aligns with Big Idea 1.1 is to expand the types of micromobility
form factors in the RFP (e.g., shared scooters, bikes, mopeds, cargo bikes, etc.) and request
vendors (or vendor consortia) to provide a multimodal micromobility fleet that are or will be
integrated into a single customer app. All operating parameters would apply regardless of the
modes offered. The RFP evaluation criteria favor responses that provide the greatest mix of
micromobility solutions (so long as they present a sound business model to support their
portfolio of solutions).
2.2 Offer Incentives to Encourage Desired Behavior
Incentives are key levers cities can employ to guide micromobility providers and their operations
towards achieving desired outcomes. Incentives may include fleet expansion, access to high
utilization areas, and discounted per vehicle fees. These incentives should be tied to program
performance and compliance. Within the RFP, Bozeman should also describe any in-kind
support, public subsidies, revenue sharing, or access to local partnerships and other resources
the City is able to offer to demonstrate its commitment to a successful, long-term partnership
with the contracted micromobility provider.
Big Idea 3: Equitable Service Design
For some residents and visitors, micromobility is a convenient means of getting around at a
lower cost compared to driving alone. For others, it may be challenging to access these services
because devices are too costly, only rentable via smartphone, unavailable in their neighborhood,
or available form factors do not support daily travel needs. Some communities may be excluded
from accessing the system altogether if the program is not thoughtfully designed to remove
barriers. Under a single, multi-year operator contract, Bozeman has the opportunity to play a
more active role in engaging the community to co-design and integrate equitable program
elements.
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3.1 Identify Areas of Mobility Need
To tailor solutions to meet different community needs, Bozeman should perform analysis to
identify neighborhoods and communities that disproportionately experience mobility
challenges. This can be accomplished by analyzing the spatial distribution of different
socioeconomic indicators that correlate to mobility needs. Data can be sourced from the U.S.
Census, household travel surveys, and bespoke data sets such as Replica Places data. Outputs
from analysis serve as a starting point to initiate dialogue between the community and the
provider. Indicators to consider include:
● Median household income
● Poverty status
● Disability status
● Density of renter households
● Density of zero-vehicle households
● Proximity to high quality transit stop
Once equity-focused areas are identified and vetted with the community, Bozeman should
overlay fleet distribution strategies along with vendor incentives to ensure vehicles are made
available in those areas, while offering direct or cross-subsidies that limit financial burden on
operators.
3.2 Require Community Outreach and Engagement
Bozeman should require providers to address barriers for under- and unbanked populations,
those without smartphones, non-English speaking households, and low-income riders. Many
providers have implemented equitable solutions in different markets, however, these solutions
may not be appropriate for the Bozeman context. While these options can serve as a helpful
starting point to familiarize community members of standard offerings, Bozeman should require
providers to periodically conduct outreach and engagement to not only educate the community
of these solutions but also gather feedback to refine program elements and tech-based
solutions to better meet community needs. Providers may lean on City staff to support outreach
and engagement activities.
3.3 Establish Equitable Pricing Requirement
Bozeman should require providers to offer discounted pricing options for qualifying low-income
residents. This may involve eliminating unlocking fees and providing a reduced per minute rate
up to a certain time threshold. Bozeman should also consider working with providers to create a
discounted monthly pass to reduce costs for frequent riders and identify existing federal, state,
or local subsidy programs to streamline the enrollment process.
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Big Idea 4: Orderly Parking Strategies
Bozeman has made significant strides in maintaining the orderliness of sidewalks in high-traffic
areas where micromobility utilization is high. Currently, scooters can be parked anywhere
outside of Downtown, however, along major commercial corridors of downtown, riders are
required to end their rides in one of 15 designated parking areas. Riders also receive a
notification when they are in a no-parking zone, urging them to move out of it, however, riders
can override the suggestion and still end the trip. To maintain the orderliness of the public right-
of-way, and to ensure shared micromobility devices are not conflicting with other roadway
users, Bozeman should formalize and expand its micromobility parking program and include an
array of parking strategies and supportive physical infrastructure and digital tools.
4.1 Establish Performance-Based Fleet Sizing
Bozeman should establish dynamic fleet caps, which would allow the City to increase or
decrease the total number of vehicles based on performance metrics and compliance with
license agreement terms. Bozeman should adjust fleet caps according to performance metrics
that align with the desired outcomes of the program and city priority, such as utilization (trips
per device per day), vehicle density (vehicles per square mile), system maintenance, and parking
compliance. When determining the appropriate vehicle density, Bozeman should factor current
and latent demand, surrounding land use contexts, and availability and proximity to other
services, among others.
4.2 Formalize and Expand Micromobility Parking Program
Bozeman should set clear rules and expectations on where and how devices should be stored,
parked, and managed. This would require expanding the scope of the micromobility parking
program as described in Ordinance 2072. The parking program should include the following
elements and request prospective bidders to propose how they intend to deliver or support
these strategies:
● Identify parameters for which a shared micromobility corral or other parking solution is
appropriate (e.g., proximity to large employment centers, number of complaints on a
given block face)
● Define thresholds for shared micromobility corral installation and removal
● Require providers to communicate, educate, and train users on how to park vehicles in
shared micromobility corrals
● Collaborate with the micromobility provider to develop user incentives or penalty fees to
optimize user compliance
● Create a mechanism to employers, institutions, and business owners to request a
shared micromobility corral
● Establish protocols for shared micromobility corral maintenance
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Bozeman should consider investing in light, supportive infrastructure (e.g. stencils, paint, and
bollards) to increase the visibility of popular parking corrals and to complement geofences that
are currently in place. This could also involve working with other city agencies to integrate
parking corrals as part of street improvement projects.
4.3 Expand Designated Parking Zones
Bozeman currently has 15 designated parking zones within downtown, however, additional
parking zones will be needed outside of downtown. Bozeman should work with providers to
identify additional parking zones. Bozeman can consider requiring bidders to submit a parking
plan as part of their application to identify areas they believe require installing a designated
parking zone. Designated parking zone locations may also be informed by trip start and end
hotspots or through community and stakeholder engagement. Where feasible, Bozeman should
identify designated parking zones that may also serve as designated deployment drop zones.
Big Idea 5: Iterative Learning through Data
Micromobility providers have access to robust, real-time datasets that cities can use to make
informed policy decisions and to deepen their understanding of how people travel and to inform
policy decisions. Regular reporting is also crucial in helping staff to monitor program
performance and compliance. Extending access to this data, and where appropriate, making it
publicly available, also builds trust between micromobility providers, regulators, stakeholders,
and the general public.
5.1 Develop Data Sharing and Management Policy
Bozeman should establish a data sharing agreement as part of the Shared Micromobility
Program. The agreement should comply with state and federal privacy regulations and include
language describing who has access to micromobility data, how the data will be used to support
program operations, and how data will be shared, stored, and managed during and after the
contract expires. The data sharing agreement should clearly state Bozeman’s expectations
around the handling and storage of personally identifiable information. Providers should also be
required to report on their policies, procedures, and practices for maintaining data security.
5.2 Establish Reporting Requirements
Bozeman should establish clear reporting requirements that outline the information necessary
to administer the program, the preferred reporting format, and how often data is shared with the
City. At a minimum, Bozeman should require the micromobility provider to provide anonymized
trip-level data at a level of detail that enables staff to monitor compliance, evaluate
performance, and make informed policy and planning decisions. In addition to performance
metrics, providers should report on baseline operations, which should be defined within the RFP.
These might include:
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● Total number of trips
● Total number of users
● Total number of discount program enrollees
● Total number of trips ended within designated parking zones
● Average trip duration
● Average trip length
● Average daily deployments
● Total reported parking complaints
● Total reported collisions
● Quarterly customer survey results
Bozeman should also collaborate with the micromobility provider to create a public-facing data
portal to provide public access to micromobility data.
Policy Toolkit Summary
The table below summarizes the supportive actions for each Big Idea. Supportive actions are
organized based on whether it should be included as part of the 2023 operating season (Near-
term) or after (Long-term) as it would require additional staff capacity, funding, or legislative
changes.
Big Idea Supportive Action Near-term
Implementation
Long-term
Implementation
Broaden
Regulatory
Framework
1.1 Enable Future Form Factors X
1.2 Update Operating Parameters
within a Service Level Agreement
X
Single Multi-year
Operator
2.1 Shift to Selective Procurement
Process
X
2.2 Offer Incentives to Encourage
Desired Behavior
X
Equitable Service
Design
3.1 Identify Areas of Mobility Need X
3.2 Require Community Outreach and
Engagement
X
3.3 Establish Equitable Pricing
Requirement
X
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Orderly Parking
Strategies
4.1 Establish Performance-Based
Fleet Sizing
X
4.2 Formalize and Expand
Micromobility Parking Program
X
4.3 Expand Designated Parking
Zones
X
Iterative Learning
through Data
5.1 Develop Data Sharing and
Management Policy
X
5.2 Establish Reporting
Requirements
X
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