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HomeMy WebLinkAbout09-19-23 City Commission Meeting Agenda and Packet MaterialsA.Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 B.Pledge of Allegiance and a Moment of Silence C.Changes to the Agenda D.Authorize Absence D.1 Authorize the Absence of Commissioner I-Ho Pomeroy (Maas) E.FYI F.Commission Disclosures G.Consent G.1 Accounts Payable Claims Review and Approval (Waters) G.2 Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of June 30, THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, September 19, 2023 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. 1 2023(Hodnett) G.3 Approve the Finding of Fact and Order for the Mayfly Townhomes Major Subdivision Preliminary Plat, Application 22310 (Quasi-Judicial)(Garber) G.4 Authorize the City Manager to Sign a Professional Services Agreement with Best Rate Towing for Towing Services on Behalf of the City's Parking Division(Focken) G.5 Authorize the City Manager to Sign a Services Agreement with Arizona State University for Risk Assessment Training(Dana McNeil) G.6 Professional Services Master Task Order Agreement and Task Orders 1 and 2 With DOWL to Complete Professional Engineering On-Call Services For On-Call Engineering and Construction Oversight Services(Oliver) G.7 Authorize the City Manager to Sign a Task Order NE23-001 with Sanderson Stewart for a Depot Trail Property Boundary and Fence(DiTommaso ) G.8 Resolution 5535, Authorizing the City Manager to Sign Prime Change Order 2 and Guaranteed Maximum Price Amendment 4 with Martel Construction, Inc. for the Construction of the Fire Station 2 Relocation Project(Henderson) 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 National Law Enforcement Survey Special Presentation (Veltkamp) I.2 Human Resources Development Council (HRDC) Needs Assessment (Heather Grenier of HRDC) J.Action Items J.1 Ordinance 2147 Provisional Adoption of Regulations for Camping on City Right-of- way(Peters) K.Appointments K.1 Appointment to the Economic Vitality Board(Fontenot) L.FYI / Discussion 2 M.Adjournment City Commission meetings are open to all members of the public. If you have a disability and require assistance, please contact the City for ADA coordination, 406.582.2306 (TDD 406.582.2301). Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Kira Peters, Assistant City Manager Jeff Mihelich, City Manager SUBJECT:Authorize the Absence of Commissioner I-Ho Pomeroy MEETING DATE:September 19, 2023 AGENDA ITEM TYPE:Administration RECOMMENDATION:I move to authorize the absence of Commissioner I-Ho Pomeroy. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Commissioner I-Ho Pomeroy informed City Manager Mihelich and Mayor Andrus that she would not be in attendance. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: August 15, 2022 4 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:September 19, 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: September 6, 2023 5 Memorandum REPORT TO:City Commission FROM:Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of June 30, 2023 MEETING DATE:September 19, 2023 AGENDA ITEM TYPE:Finance RECOMMENDATION: Appoint Mayor Andrus and Commissioner Coburn to review the depository bonds and pledged securities as of June 30, 2023. 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: 17-6-102. Insurance on deposits. (1) Deposits in excess of the amount insured by the federal deposit insurance corporation or the national credit union administration may not be made unless the bank, building and loan association, savings and loan association, or credit union first delivers to the state treasurer or deposits in trust with some solvent bank, as security therefore, bonds or other obligations of the kinds listed in 17-6-103, having a market value equal to at least 50% of the amount of the deposits in excess of the amount insured. The board of investments may require security of a greater value. When negotiable securities are placed in trust, the trustee's receipt may be accepted instead of the actual securities if the receipt is in favor of the state treasurer, successors in office, and the state of Montana and the form of receipt and the trustee have been approved by the board of investments. (2) Any bank, building and loan association, savings and loan association, or credit union pledging securities as provided in this section may at any time substitute securities for any part of the securities pledged. The substituted collateral must conform to 17-6-103 and have a market value at least sufficient for compliance with subsection (1). If the substituted securities are held in trust, the trustee shall, on the same day the substitution is made, forward by registered or certified mail to the state treasurer and to the depository financial institution a receipt specifically describing and identifying both the securities substituted and those released 6 and returned to the depository financial institution. Section 7-6-207 (2), MCA requires the City Commission to approve pledged securities at least quarterly. The Commission appoints two commissioners quarterly on a rotating basis. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The city is sufficiently pledged. Attachments: Depository Bonds & Securities 0623.pdf Report compiled on: August 22, 2023 7 DEPOSITORY BONDS AND SECURITIES AS OF June 30, 2023 MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT US BANK All Accounts Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00 LOC-FHLB Cincinnati 4/14/2023 570181 $ 20,000,000.00 TOTAL – US Bank $ 20,250,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6- 207, M.C.A., have this day certified the receipts of US Bank, for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of June 30, 2023, by the banks of Bozeman and approve and accept the same. _____________________________________________ CYNTHIA L. ANDRUS, Mayor _______________________________________ _______________________________________ TERRY CUNNINGHAM, Deputy Mayor I-HO POMEROY, Commissioner _______________________________________ _______________________________________ CHRISTOPHER COBURN, Commissioner JENNIFER MADGIC, Commissioner 8 PLEDGED SECURITIES AND CASH IN BANK As of June 30, 2023 US BANK Total Cash on Deposit $4,640,623.51 FDIC Coverage $250,000.00 Amount Remaining $4,390,623.51 Pledges Required 104% $4,566,248.45 Actual Pledges $20,000,000.00 Over (Under) Pledged $15,433,751.55 REFERENCE: Section 7-6-207, M.C.A. 9 Memorandum REPORT TO:City Commission FROM:Danielle Garber, Associate Planner Brian Krueger, Development Review Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Approve the Finding of Fact and Order for the Mayfly Townhomes Major Subdivision Preliminary Plat, Application 22310 (Quasi-Judicial) MEETING DATE:September 19, 2023 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Approve and authorize the Mayor to sign the Findings of Fact and Order for the Mayfly Townhomes Subdivision Preliminary Plat to subdivide 5.478 acres zoned R-4 to create 30 townhouse lots, 16 two-household (duplex) lots, 4 open space lots, and four alleys. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The Department of Community Development received a Preliminary Plat Application on September 23, 2022 requesting to subdivide 5.478 acres to create 30 townhouse lots, 16 two-household (duplex) lots, 4 open space lots, and four alleys, named Anders Place, Archer (formerly Betty) Lane, Seed (formerly Gray) Way, and Nye Place. The site is currently subdivided as a part of Phase 4 of Norton Ranch East Subdivision as Block 11, Lots 1-4. Each existing lot is about 1.375 acres and was originally subdivided to develop as multi-household residential. Each of the named alleys will provide vehicular access to the site from these existing streets: Fallon Street, South Laurel Parkway, Mayfly Street, and Pond Lily Drive. Pedestrian access and frontage for some of the proposed lots will be via two north-south sidewalks proposed to run through the 4 open space lots, as well as direct frontage on the existing surrounding public streets. The property is currently wholly surrounded by existing subdivided, zoned, and developed or developing land within City Limits. The property was previously subdivided under Norton Ranch East Phase 4. That plat was recorded on April 22, 2020. The property is zoned R-4. 10 The subdivider did not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this report. This subdivision review is subject to 76-3-616 Montana Code Annotated (MCA). The final decision for this preliminary plat must be made by September 26, 2023. The City Commission held a public meeting to consider the application for approval on August 22, 2023 at 6:00 pm. The video of the meeting is available on the City’s Streaming Video Archive. City Manager Mihelich highlighted the application as item F.3 on the consent agenda, citing the need for townhomes within city limits and the need for missing middle housing. No public comment was received. The motion to approve consent items F.1 through F.13 passed 4-0. UNRESOLVED ISSUES:None. ALTERNATIVES:None suggested. FISCAL EFFECTS:Fiscal impacts cannot be determined at this time, but it is expected that property tax would be generated by development of the Site and increased costs to provide municipal services for that development would be expected. No unusual fiscal effects have been identified. Attachments: 22310 Mayfly Townhomes Subdivision FOF.pdf Report compiled on: September 7, 2023 11 Page 1 of 21 22310 City Commission Findings of Fact and Order for theMayfly Townhomes Subdivision Public Meeting/Hearing Dates: Planning Board meeting - Monday, August 7, 2023 at 6:00 pm. City Commission meeting -Tuesday, August 22, 2023 at 6:00 pm Project Description: A preliminary plat requesting to subdivide four large lots into a 46 lot major subdivision for townhomes and two-household dwellings (duplexes) in Norton East Ranch Phase 4. The subdivision proposes to create 62 homes comprised of 30 townhome units and 32 duplex units, as well as four open space parcels to facilitate pedestrian access and lot frontage. Project Location: The property is described as Lots 1-4 of Block 11, Norton Ranch East Subdivision Phase 4, located northeast of the corner of Fallon Street and South Laurel Parkway. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended City Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 22310 and move to approve the subdivision with conditions and subject to all applicable code provisions. Report Date: September 7, 2023 Staff Contact: Danielle Garber, Associate Planner Cody Flammond, Project Engineer Agenda Item Type: Action (Quasi-judicial) EXECUTIVE SUMMARY This report is based on the application materials submitted and public comment received to date. The application materials are available in the City’s Laserfiche archive and may be accessed through the Community Development viewer as well. No public comments have been received as of the writing of this report. Should written public comments be received they will be included in the City’s Laserfiche archive and available to the public. Unresolved Issues. There are no unresolved issues with this application. 12 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 2 of 21 Project Summary The Department of Community Development received a Preliminary Plat Application on September 23, 2022 requesting to subdivide 5.478 acres to create 30 townhouse lots, 16 two- household (duplex) lots, 4 open space lots, and four alleys, named Anders Place, Archer (formerly Betty) Lane, Seed (formerly Gray) Way, and Nye Place. The site is currently subdivided as a part of Phase 4 of Norton Ranch East Subdivision as Block 11, Lots 1-4. Each existing lot is about 1.375 acres and was originally subdivided to develop as multi-household residential. Each of the named alleys will provide vehicular access to the site from these existing streets: Fallon Street, South Laurel Parkway, Mayfly Street, and Pond Lily Drive. Pedestrian access and frontage for some of the proposed lots will be via two north-south sidewalks proposed to run through the 4 open space lots, as well as direct frontage on the existing surrounding public streets. The property is currently wholly surrounded by existing subdivided, zoned, and developed or developing land within City Limits. The property was previously subdivided under Norton Ranch East Phase 4. That plat was recorded on April 22, 2020. The property is zoned R- 4. On June 30, 2023 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. The subdivider did not request any subdivision or zoning variances with this application. The City did not receive any written public comment on the application as of the writing of this report. This subdivision review is subject to 76-3-616 Montana Code Annotated (MCA). The final decision for this preliminary plat must be made by September 26, 2023. Community Development Board and City Commission Meetings The Community Development Board acting in their capacity as the Planning Board considered compliance of the application with the growth policy on August 7, 2023 at 6:00 pm. The video of the meeting is available in the City’s Streaming Video Archive. No public comment was received. The board recommended approval of the application on a vote of 7-0 with Board member Delmue providing support for the application as it pertains to the growth policy’s goals for housing stock diversity and missing middle housing. The City Commission held a public meeting to consider the application for approval on August 22, 2023 at 6:00 pm. The video of the meeting is available on the City’s Streaming Video Archive. City Manager Mihelich highlighted the application as item F.3 on the consent agenda, citing the need for townhomes within city limits and the need for missing middle housing. No public comment was received. The motion to approve consent items F.1 through F.13 passed 4-0. 13 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 3 of 21 Alternatives 1. Approve the application with the recommended conditions; 2. Approve the application with modifications to the recommended conditions; 3. Deny the application based on the Commission’s findings of non-compliance with the applicable criteria contained within the staff report; or 4. Continue the public meeting on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................ 1 Unresolved Issues. .............................................................................................................. 1 Project Summary ................................................................................................................. 2 Community Development Board and City Commission Meetings .................................... 2 Alternatives ......................................................................................................................... 3 SECTION 1 – MAP SERIES .......................................................................................................... 4 SECTION 2 – REQUESTED VARIANCES ................................................................................. 7 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ............................................ 7 SECTION 4 – CODE REQUIREMENTS ...................................................................................... 7 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS .............................................. 9 SECTION 6 – STAFF ANALYSIS and findings ........................................................................... 9 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 10 38.220.060 Documentation of compliance with adopted standards ................................. 13 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 16 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 18 APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 19 APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 20 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................. 20 FISCAL EFFECTS ....................................................................................................................... 20 ATTACHMENTS ......................................................................................................................... 21 14 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 4 of 21 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 15 Page 5 of 21 Exhibit 2 – Community Plan 2020 Future Land Use 16 Page 6 of 21 Exhibit 3 – Preliminary Plat Exhibit 4 – Landscaping Plan 17 Page 7 of 21 SECTION 2 – REQUESTED VARIANCES The subdivider did not request any subdivision or zoning variances with this preliminary plat application. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The final plat must conform to the standards of the Montana Subdivision and Platting Act and Bozeman Municipal Code. 2. The applicant must provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID’s) on City standard form for the following: a. Street improvements to South Laurel Parkway from Vaughn Drive to Huffine Lane. b. Street improvements to Fallon Street from North Cottonwood Road to South Eldorado Avenue. c. Intersection improvements at South Cottonwood Road and West Babcock Street. d. Intersection improvements at Fallon Street and South Cottonwood Road. e. Intersection improvements at South Laurel Parkway and West Babcock Street. f. Intersection improvements at Fallon Street and South Laurel Parkway. g. Intersection improvements at South Laurel Parkway and Huffine Lane. The document filed must specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of the improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant must provide a copy of the filed SID waiver prior to final plat approval. SECTION 4 – CODE REQUIREMENTS 1. Sec. 38.100.080 – Compliance with regulations required. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. Sec. 38.410.060. - Easements. a. All Easements indicated below must be provided on city standard easements templates. Drafts must be prepared for review and approval by the city. Signed hard copies of the easements must be submitted to the City prior final plat approval. The applicant may contact the review engineer to receive standard templates. b. The applicant must provide a ten foot utility easement (power, gas, communication, etc.) along the developments property frontage. 18 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 8 of 21 c. The applicant must provide a ten-foot wide drain tile maintenance easement along the drain tile alignment on the subject property prior to final plat approval. d. Public access easements are required for the two north-south pedestrian walks proposed to mitigate block length and facilitate frontage for interior lots. e. The final plat must provide all necessary utility easements and they must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 3. Sec. 38.410.130 - Water adequacy. Compliance with the water adequacy code section must be achieved prior to final plat approval. The Cash-in-lieu of water rights (CILWR) fee for the project must be finalized and paid prior final plat approval. As the open space lots are proposed to be irrigated using an exempt groundwater well, the CILWR fee can be finalized until a determination is provided from the DNRC confirming the allowance of the well. 4. Sec. 38.400.070 - Subdivision lighting special improvement lighting district (SILD). SILD information must be submitted to the City and the district formed after preliminary plat approval in hard copy and digital form. Any final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. The approval to create or annex to an existing SILD must be granted prior to final plat approval. 5. Sec. 38.240.410 through 38.240.540. Plat certificates. The language contained in the certificates on the plat must follow the language in the corresponding certificates. a. The Director of Public Works no longer exists, the applicable plat certificates will need to be updated to Director of Transportation and Engineering with final plat. b. The dedication block lists parks and playgrounds that this subdivision is not providing. These must be removed from the dedication for final plat. c. The Certificate Accepting Cash Donation In-Lieu of Land Dedication must be added to the final plat. 6. DSSP Sections IV.H and IV.J. Mid-block crosswalks with proper lighting, pedestrian ramps, and striping shall be installed at all locations where pathways will cross the adjacent streets prior to final plat approval. 7. Sec. 38.270.070 Traffic impacts. The applicant has indicated in the traffic impact study (TIS) that the Fallon Street and Cottonwood Road intersection will fall below the level of service standards defined in BMC 38.400.060 and the intersection will require improvements. These improvements are scheduled within three years in the City's Capital Improvements Plan (Project A & C012) and are eligible for payment of cash-in-lieu of capital facilities. Prior to final plat approval, the applicant must pay the development's proportionate share of the improvements' costs. 8. DSSP Section V.D. The applicant must provide adequate water and sewer easement around the fire hydrant so that the hydrant is no less than nine feet from the easement boundary. The applicant must label the easement on the plat and provide the easement dedication prior to final plat approval. 19 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 9 of 21 9. Sec. 38.420.030 Cash donation-in-lieu of land dedication. The applicant must update the parkland tracking table to reflect the appraisal value in effect at the time of final plat application. 10. Sec. 38.220.070 Final plat notations. Among others the final plat must contain the following notations on the conditions of approval sheet. d. Due to known high groundwater conditions in the area no basements will be permitted with future development of the site. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. In addition, sump pumps are not allowed to be connected to the sanitary sewer system. Sump pumps are also not allowed to be connected to the drainage system unless capacity is designed into the drainage system to accept the pumped water. Water from sump pumps may not be discharged onto streets, such as into the curb and gutters where they may create a safety hazard for pedestrians and vehicles. e. Homes on corner lots shall have the same orientation as homes on the interior of the block. Lots fronting open space shall have building fronts facing the open space per Sec. 38.410.030. f. Plat note 6 must be revised to match the updated language in Sec. 38.270.060.D.2 Improvements and securities. The length of time for improvements agreements for public sidewalks must not exceed one year from the date of final plat approval 11. Sec. 38.220.300 and 310 Property owners’ association. Property owners’ association (POA) documents including covenants must be provided with the final plat prior to being finalized and recorded. The POA documents must include the requirements of BMC 38.220.300, 310, and 320 where applicable. SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS The Development Review Committee (DRC) determined the application was sufficient for continued review and recommended approval with conditions on June 30, 2023. Planning Board meeting was held Monday, August 7, 2023 at 6:00 pm at 121 N Rouse in the City Commission chambers. The board voted 7-0 to recommend approval of the application. City Commission meeting was held Tuesday, August 22, 2023 at 6:00 pm at 121 N Rouse in the City Commission chambers. The City Commission voted 4-0 to approve the application. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the 20 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 10 of 21 review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and Platting Act The preliminary plat was prepared in accordance with the surveying and monumentation requirements of the Montana Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As noted in the code requirements, the final plat must comply with State statute, Administrative Rules of Montana, and the Bozeman Municipal Code. 2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana Subdivision and Platting Act The final plat must comply with the standards identified and referenced in the Bozeman Municipal Code. The subdivider is advised that unmet code provisions, or code provisions not specifically listed as a condition of approval, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify conditions and code provisions necessary to meet all municipal standards. The listed code requirements address necessary documentation and compliance with standards. Therefore, upon satisfaction of all conditions and code corrections the subdivision will comply with the subdivision regulations. 3) Compliance with the local subdivision review procedures provided for in Part 6 of the Montana Subdivision and Platting Act The Bozeman Planning Board public meeting and City Commission public meeting were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. The subdivider requested review of this subdivision under the terms of 76-3-616 MCA as authorized in 38.240.100. The Department of Community Development received a preliminary plat application on September 23, 2022. The DRC reviewed the preliminary plat application and determined the submittal did not contain detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision on November 30, 2022. A revised application was received on January 3, 2023. The DRC found that the revised information was still not sufficient for continued review on January 31, 2023. 21 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 11 of 21 A revised application was received on February 14, 2023. The DRC found that the revised information was still not sufficient for continued review on March 14, 2023. A revised application was received June 6, 2023. The DRC determined the application was adequate for continued review on June 30, 2023 with recommended conditions of approval and code corrections. The City scheduled public notice for this application to begin on Monday, July 17, 2023. The applicant sent public notice to adjacent landowners of record within 200-feet of the subject property via first class mail and posted two notice boards on the site on July 14, 2023. No public comment had been received on this application as of the writing of this report. July 31, 2023 this major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board. The Community Development Board acting in their capacity as the Planning Board considered compliance of the application with the growth policy on August 7, 2023 at 6:00 pm. No public comment was received. The board recommended approval of the application on a vote of 7-0, and provided comments supporting staff findings that the applications furthers the goals of the 2020 Community Plan, specifically those related to attached and “missing middle” housing. The City Commission held a public meeting to consider the application for approval on August 22, 2023 at 6:00 pm.. City Manager Mihelich highlighted the application as item F.3 on the consent agenda, citing the need for townhomes within city limits and the need for missing middle housing. No public comment was received. The motion to approve consent items F.1 through F.13 passed 4-0. 4) Compliance with Chapter 38, BMC and other relevant regulations Community Development staff and the DRC reviewed the preliminary plat against all applicable regulations and the application complies with the BMC and all other relevant regulations with conditions and code corrections. This report includes Conditions of Approval and required code provisions as recommended by the DRC for consideration by the City Commission to complete the application processing for final plat approval. All municipal water and sewer facilities will conform to the regulations outlined by the Montana Department of Environmental Quality and the requirements of the Design Standards and Specifications Policy and the City of Bozeman Modifications to Montana Public Works Standard Specifications. Water/sewer – Water capacity exists to serve the subdivision. The proposed water system will tie into existing mains installed during different phases of the North East Ranch Subdivision. The water system will be looped into the City system via extensions through the alley right of ways. Waste water is proposed to flow north and west down the proposed alleys to tie into existing sanitary sewer infrastructure in South Laurel Parkway. Peak sewer flow rates and designs were reviewed by the Engineering Division to ensure adequate capacity and design compliance. 22 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 12 of 21 Easements – The applicant is required to provide all necessary public and private easements on City standard easement templates with the final plat application to facilitate services to and through the subdivision. These include easements for ten-foot private utility easements along the front of each lot, a 10-foot wide drain tile easement, and public access easements along the two north-south pedestrian walks. Parks – A developed park sits directly across May Fly Street to the north of the proposed subdivision. Parcels along the north edge of the subdivision will have front doors facing this park. The subject property is also within ¼ mile of 4 other public parks in the Norton Ranch neighborhood. With the Phase 4 plat of Norton Ranch Subdivision 1.31 acres of parkland remains allocated for the subject property (Block 11). The total parkland obligation for the development is 1.51 acres. Cash-in-Lieu of parkland is proposed to meet the additional dedication of 0.20 acres, this is estimated at $19,740.02. A final valuation will be required at the time of final plat prior to payment of the required cash-in-lieu. Parks planners reviewed the CIL proposal and found it to be consistent with Resolution 4784. Stormwater – The subdivision will construct stormwater facilities to conform to municipal code. Stormwater runoff is proposed to be collected by the proposed alleys and conveyed to existing storm drain inlets and one new inlet on Pond Lily Drive via the surrounding curb and gutter system. The runoff will move through storm sewer system pipes to the existing detention ponds constructed with the first phase of Norton Ranch Subdivision. Phase 4 of Norton Ranch expanded the size of the ponds to receive runoff from the subject property, an additional expansion with this development is proposed to match required stormwater capacity with known development. Peak runoff rates were provided by the applicant and reviewed by the Engineering Division to ensure capacity in the existing detention basins. Police/Fire – The area of the subdivision is within the service area of both these departments. No concerns on service availability have been identified. Proposed street names and addresses have been reviewed by the Fire Department, GIS, and the 911 center. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement No. 2 requires that all easements, existing and proposed, must be accurately depicted and addressed on the final plat and in the final plat application. Public utilities are located within dedicated alley right of way. 6) The provision of legal and physical access to each parcel within the subdivision and the notation of that access on the applicable plat and any instrument transferring the parcel The final plat will provide legal and physical access to each parcel within the subdivision. All of the proposed lots will have frontage on public streets or a greenway corridor constructed to City standards with lot frontage meeting minimum standards shown on the preliminary plat. Four named alleys are proposed to provide vehicular access to all proposed lots. Pedestrian access is 23 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 13 of 21 proposed through a combination of public street frontage and greenway corridors as permitted under BMC 38.400.090.B.2.c. 38.220.060 Documentation of compliance with adopted standards The Development Review Committee (DRC) completed a subdivision pre-application plan review on June 9, 2022 and no variances were requested. The applicant requested and was granted waivers for Surface Water, Floodplain, Vegetation, Wildlife, Agriculture, Agricultural Water User Facilities, Neighborhood Center Plan, Miscellaneous, and Affordable Housing. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water No existing streams or surface water features are located within or adjacent to the proposed subdivision. The requirement for surface water documentation was waived. 38.220.060.A.2 - Floodplains No mapped 100-year floodplains impact the subject property. The requirement for a floodplain report was waived. 38.220.060.A.3 - Groundwater A geotechnical site evaluation was completed between April 2022 and August 2022 and included two test pits, indicating groundwater at depths ranging from 2.5 feet to 4 feet over time. A condition of approval will restrict the construction of basements. No crawl spaces will be permitted with future development of the site, unless a professional engineer registered in the State of Montana certifies that the lowest point of any proposed structure is located above the seasonal high groundwater level and provide supporting groundwater data prior to the release of building permit. 38.220.060.A.4 - Geology, Soils and Slopes This subdivision will not significantly impact the geology, soils or slopes. No significant geological features or slopes exist on the site. 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. The subject parcels are surrounded by city streets and graded for development. The requirement for a vegetation map and protective measures was waived. 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. A waiver for wildlife was granted during the Pre-Application process. The subject parcels are surrounded by city streets and developed areas. 24 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 14 of 21 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. A waiver for agriculture was granted during the Pre-Application process. 38.220.060.A.8 - Agricultural Water User Facilities This subdivision will not impact agricultural water user facilities. No irrigation facilities are present on the lots. No water body alterations are proposed. 38.220.060.A.9 - Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. See discussion above under primary review criteria. 38.220.060.A.10 - Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. 38.220.060.A.11 - Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure. No new streets are proposed with the subdivision. Access to the existing street grid is proposed from all 4 surrounding streets via the proposed alleys. This proposed subdivision will include City standard sidewalks around its perimeter, and two north-south pedestrian paths through the development to facilitate pedestrian access. These pathways are required by code provisions to have public access easements to ensure legal pedestrian movement through the site to nearby parks and trails. A traffic impact study (TIS) was prepared in November 2022 for the Urban Farm Subdivision to the south and included the subject property. An additional traffic impact letter (TIL) was prepared in July 2022 with trip generation estimates and analysis to support the inclusion of the drive access from South Laurel Parkway, classified as a collector street, 110-feet from the intersection of May Fly Street, as well as additional traffic figures, and capacity and level of service analysis. The City’s reviewing engineer reviewed both for compliance with city standards and methods and assessed impacts. A waiver of right to protest creation of special improvement districts (SID’s) is a required condition of approval and will ensure proportional contribution by the subject property for future road and intersection improvements to South Laurel Parkway, Fallon Street, South Cottonwood Road and West Babcock Street. A code provision also requires payment into the City’s Capital Improvements Plan (CIP) fund to ensure improvements of the Fallon Street and Cottonwood Road intersection, which is anticipated to fall below the level of service standards defined in BMC 38.400.060 and the intersection will require improvements. These improvements are scheduled within three years in the CIP (Project A&C012) and are eligible for payment of cash-in-lieu of capital facilities. Prior to final plat approval, the applicant must pay the development's proportionate share of the improvements' costs. 25 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 15 of 21 38.220.060.A.12 – Non-Municipal Utilities The applicant has received confirmation of future service from Northwestern Energy and internet providers. 38.220.060.A.13 - Land Use The subdivision will not significantly impact land use. The proposed subdivision will create lots to accommodate townhomes and two-household dwellings (duplexes). These uses are existing in the neighborhood and principle uses in the R-4 zoning district. 38.220.060.A.14 - Parks and Recreation Facilities This proposed subdivision will be required to provide cash-in-lieu of parkland as determined by the Parks Department. Because this is an infill development of only 5.48 acres, there is not adequate land within the subject property to accommodate a beneficial park. There are several parks in the Norton Ranch park system that are within a 10 minute walk from the proposed development and one park immediately adjacent. 38.220.060.A.15 - Neighborhood Center Plan The subdivision was granted a waiver to the neighborhood center plan requirement during Pre- Application review. This project will not be providing a neighborhood center due to the relatively small size of the development area. 38.220.060.A.16 - Lighting Plan This subdivision will not significantly impact lighting. Perimeter street lights will be installed. The applicant is required to install lighting at mid-block pedestrian crossings. All new public lighting must be annexed into an existing special improvement lighting district (SILD) or a new SILD must be created prior to final plat approval. 38.220.060.A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be created with this development. Documentation for this code section was waived during Pre- Application review. 38.220.060.A.18 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. 38.220.060.A.19 – Adopted Growth Policy This proposal furthers the adopted growth policy. The subdivision is zoned R-4 which anticipates residential development at this scale. Refer to Appendix A below, Project Site Zoning and Growth Policy for further discussion on the adopted growth policies this proposal supports. 26 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 16 of 21 SECTION 7 - FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38, BMC, public notice was given, opportunity to submit comment was provided to affected parties, and a review of the preliminary plat described in these findings of fact was conducted. B. The purposes of the preliminary plat review were to consider all relevant evidence relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to evaluate the proposal against the criteria and standards of Chapter 38 BMC; and to determine whether the plat should be approved, conditionally approved, or denied. C. The matter of the preliminary plat application was considered by the City Commission at a public meeting on August 22, 2023 at which time the Department of Community Development Staff reviewed the project, submitted and summarized the conditions of approval, and summarized the public comment submitted to the City prior to the public hearing. D. The City Commission requested public comment at the public meeting on August 22, 2023 and no public comment was received. E. It appeared to the City Commission that all parties and the public wishing to examine the proposed preliminary plat and offer comment were given the opportunity to do so. After receiving the recommendation of the relevant advisory bodies established by Section Chapter 38, BMC, and considering all matters of record presented with the application and during the public comment period defined by Chapter 38, BMC, the City Commission has found that the proposed preliminary plat would comply with the requirements of the Bozeman Municipal Code if certain conditions were imposed. Therefore, being fully advised of all matters having come before her regarding this application, the City Commission makes the following decision. F. The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is therefore approved, subject to the conditions listed in Section 3 of this report and the correction of any elements not in conformance with the standards of the Chapter including those identified in Section 3 of this report. The evidence contained in the submittal materials, advisory body review, public testimony, and this report, justify the conditions imposed on this development to ensure that the final site plan and subsequent construction complies with all applicable regulations, and all applicable criteria of Chapter 38, BMC. G. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of this document by the City Commission, by following the procedures of Section 76-3-625, MCA. The preliminary approval of this single-phased major subdivision shall be effective for two (2) years from the date of the signed Findings of Fact and Order approval. At the end of 27 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 17 of 21 this period the City may, at the request of the subdivider, grant an extension to its approval by the Community Development Director for a period of mutually agreed upon time. DATED this ________ day of _____________________, 2023 BOZEMAN CITY COMMISSION _________________________________ CYNDY ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 28 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 18 of 21 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The subject property is zoned R-4, Residential High Density District. The intent of the R-4 residential high density district is to provide for high-density residential development through a variety of housing types within the city with associated service functions. Adopted Growth Policy Designation: Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (See below for the Table) 29 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 19 of 21 The subject property is designated as Urban Neighborhood. This category primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large areas of any single type of housing are discouraged. In limited instances, an area may develop at a lower gross density due to site constraints and/or natural features such as floodplains or steep slopes. Complementary uses such as parks, home-based occupations, fire stations, churches, schools, and some neighborhood-serving commerce provide activity centers for community gathering and services. The Urban Neighborhood designation indicates that development is expected to occur within municipal boundaries. This may require annexation prior to development. This proposed subdivision is well-suited to implement the Urban Neighborhood designation by providing lots that will support a variety of housing types including townhouses, and duplex units in an existing partially developed and developing residential area with surrounding apartments, detached single homes, and townhomes constructed and proposed. The townhouse and two-household lots will support construction of “missing middle” housing which is contemplated throughout the Bozeman Community Plan 2020 and add to a diverse stock of housing in this area. The proposed subdivision is also located in a connected area with relatively quick access to a variety of goods and services. The two north-south greenway corridors will not only provide frontage to interior townhome lots, but will also allow pedestrian access from developing neighborhoods to the south to existing parks and trails in Norton Ranch and beyond. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1.1 Promote housing diversity, including missing middle housing N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant, Hyalite Engineers, PLLC, 2304 N. 7th Ave., Suite L, Bozeman, MT 59715 representing the property owner Fallon First, LLC, PO Box 160250, Big Sky, MT 59716 was submitted on September 23, 2022. This Preliminary Plat Application is requesting to subdivide 5.478 acres to create 30 townhouse lots, 16 two-household (duplex) lots, 4 open space lots, and four alleys, named Anders Place, Archer (previously Betty) Lane, Seed (previously Gray) Way, and Nye Place. The site is currently subdivided as a part of Phase 4 of Norton Ranch East Subdivision as Block 11, Lots 1- 4. Each existing lot is about 1.375 acres and was originally subdivided to develop as multi- household residential. The current owners are proposing to further subdivide into smaller lots instead of develop the existing larger lots by site plan. The property is currently wholly surrounded by existing subdivided, zoned, and developed or developing land within City Limits. Surrounding uses include townhomes, single household residential, and apartments. The property 30 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 20 of 21 was previously subdivided under Norton Ranch East Phase 4 and that plat was recorded on April 22, 2020. On June 30, 2023 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in the staff report. The subdivider did not request any subdivision or zoning variances with this application. The applicant requested and was granted waivers with the pre-application plan review on June 9, 2022 for surface water, floodplains, vegetation, wildlife, agriculture, agricultural water user facilities, neighborhood center plan, miscellaneous, and affordable housing. The subject property is zoned R-4, Residential High Density, and the underlying growth policy designation is Urban Neighborhood. This subdivision meets the criteria for review under 76-3-616 Montana Code Annotated (MCA) - Exemption for Certain Subdivisions. This statute exempts this subdivision from the public hearing requirement. Per BMC 38.240.100 the final decision for this preliminary plat must be made within 60 working days from sufficiency, or by September 26, 2023. APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public meeting per BMC 38.220.420. The applicant posted public notice on the subject property on July 14, 2023. The applicant sent public notice to all other landowners of record within 200-feet of the subject property via first class mail, on July 14, 2023. No public comment was been received. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Fallon First, LLC, PO Box 160250, Big Sky, MT 59716 Applicant: Hyalite Engineers, PLLC, 2304 N. 7th Ave., Suite L, Bozeman, MT 59715 Representative: Hyalite Engineers, PLLC, 2304 N. 7th Ave., Suite L, Bozeman, MT 59715 Report By: Danielle Garber, Associate Planner FISCAL EFFECTS No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this subdivision. 31 22310 Findings of Fact for Mayfly Townhomes Subdivision Page 21 of 21 ATTACHMENTS Application materials – Available through the Laserfiche archive, the full file is linked below. Application Documents Application Plans The application documents folder will contain the infrastructure reports including water, sewer, stormwater, and traffic impacts, as well as documentation to demonstrate compliance with Chapter 38 including compliance with adopted standards required in BMC 38.220.060. The application plans folder will contain the full plat set, as well as the overall site plan, proposed landscaping plans, proposed utility designs, and proposed alley plans. The full application and file of record can be viewed digitally by navigating to the City’s Project Information Portal website, select the “Project Documents Folder” link and navigating to application 22310, as well as digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 32 Memorandum REPORT TO:City Commission FROM:Nicholas Focken, Lead Parking Compliance Officer Mike Veselik, Economic Program Manager Brit Fontenot, Economic Development Director Kira Peters, Assistant City Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with Best Rate Towing for Towing Services on Behalf of the City's Parking Division MEETING DATE:September 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:I move to Authorize the City Manager to Sign a Professional Services Agreement with Best Rate Towing for Towing Services on behalf of the City's Parking Department. STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:Staff released an RFP for a towing contract. Staff released the first RFP in the spring and received no responses. Staff re-released the RFP again in July. The company that responded did not meet the criteria. Staff sole sourced a contract with Best Rate Towing Company. Best Rate will provide towing services on an on-call basis to the Parking Division when violations of city code or state law merit removal of a vehicle from the City owned right-of- way or City property. Best Rate offers competitive fees for services provided and will, on-net, likely reduce costs for the City to procure towing services. UNRESOLVED ISSUES:No unresolved issues. ALTERNATIVES:Alternatives as proposed by commission. FISCAL EFFECTS:$25,000 for towing of unclaimed vehicles, approve in FY24 Commission adopted budget, will likely yield a net savings over previous provider Attachments: Professional Services Agreement with Best Rate Towing and Repair for towing services on behalf of the CIty of Bozeman Parking Di.docx 33 Best Rate Towing Rate Sheet.pdf Report compiled on: September 6, 2023 34 Version 7 11 23 Professional Services Agreement for Towing Services on Behalf of the City of Bozeman Parking Division Page 1 of 14 PROFESSIONAL SERVICES AGREEMENT FOR TOWING SERVICES ON BEHALF OF THE CITY OF BOZEMAN PARKING DIVISION THIS AGREEMENT is made and entered into this 19th day of September, 2023 (“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, Best Rate Towing and Repair, 1380 Amsterdam Road, Belgrade, MT 59714, hereinafter referred to as “Contractor.”The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1.Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of August, 2028, 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 4.Payment: City agrees to pay Contractor the amount specified in the simplified rate sheet attached as Exhibit B. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request 35 Version 7 11 23 Professional Services Agreement for Towing Services on Behalf of the City of Bozeman Parking Division Page 2 of 14 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. 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 36 Version 7 11 23 Professional Services Agreement for Towing Services on Behalf of the City of Bozeman Parking Division Page 3 of 14 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 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to 37 Version 7 11 23 Professional Services Agreement for Towing Services on Behalf of the City of Bozeman Parking Division Page 4 of 14 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] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. 38 Version 7 11 23 Professional Services Agreement for Towing Services on Behalf of the City of Bozeman Parking Division Page 5 of 14 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: 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 39 Version 7 11 23 Professional Services Agreement for Towing Services on Behalf of the City of Bozeman Parking Division Page 6 of 14 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. 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: 40 Version 7 11 23 Professional Services Agreement for Towing Services on Behalf of the City of Bozeman Parking Division Page 7 of 14 a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Mike Veselik, Economic Development Program Manager, Parking (406- 946-2869; mveselik@bozeman.net) 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 Paul “PJ” Johnson, Owner (406-581-8697; pjbestratetowing@gmail.com) or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 41 Version 7 11 23 Professional Services Agreement for Towing Services on Behalf of the City of Bozeman Parking Division Page 8 of 14 13.Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications for the City, Contractor must use both the City style guide when creating a design, and, as per recommendations found in Section 508 of the Rehabilitation Act, the content must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. 42 Version 7 11 23 Professional Services Agreement for Towing Services on Behalf of the City of Bozeman Parking Division Page 9 of 14 Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The 43 Version 7 11 23 Professional Services Agreement for Towing Services on Behalf of the City of Bozeman Parking Division Page 10 of 14 Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25.Severability: If any portion of this Agreement is held to be void or unenforceable, the 44 Version 7 11 23 Professional Services Agreement for Towing Services on Behalf of the City of Bozeman Parking Division Page 11 of 14 balance thereof shall continue in effect. 26.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 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 BEST RATE TOWING AND REPAIR By________________________________By__________________________________ Jeff Mihelich, City Manager Paul “PJ” Johnson, Owner 45 Version 7 11 23 Professional Services Agreement for Towing Services on Behalf of the City of Bozeman Parking Division Page 12 of 14 APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 46 Version 7 11 23 Professional Services Agreement for Towing Services on Behalf of the City of Bozeman Parking Division Page 13 of 14 EXHIBIT A: SCOPE OF SERVICES 1. The Contractor should pass an annual safety inspection to become a qualified tow truck operator as defined in MCA 61-8-903(6). Qualified tow truck operator should have equipment to tow passenger vehicles, SUVs, trucks, and small campers and other recreational vehicles. 2. The Contractor will provide on-call towing services for the City of Bozeman’s Parking Division. 3. Upon a request for towing, the Contractor will respond to the request within two business days. The Contractor may request assistance from city staff for towing such as snow removal around a vehicle. Any requests for assistance will be handled on a case by case basis. 4. City Parking Enforcement Officers will request towing services in compliance with Montana Code Annotated laws and the City of Bozeman Municipal Code. Typically, the City will request towing services for vehicles blocking a driveway or fire hydrant, obstructing the right-of-way, creating a snow hazard, or violating the City’s abandoned vehicle ordinance after a Parking Enforcement Officer has determined a vehicle has not moved for a minimum of 72 hours. The City’s Parking Enforcement Officers will issue the certified letter to the vehicle owner notifying them that the vehicle has been towed and is being stored by the qualified tow truck operator as required by MCA 61-8-913. 5. The Contractor may be asked to provide short-distance towing services for the parking services division. The Contractor will be notified in advance of these requested services and will remain on site for the duration of such an operation. The City may contract for these services during the biannual street maintenance effort. The selected firm(s) will be paid the standard tow rate per each vehicle. The firm will document any movement of vehicles include their original location and their final location and share such documentation with the City. 6. Selected firm(s) will establish fees in collaboration with City Staff and in accordance with all state and local regulations. The fee schedules will be made available to the public upon request. All vehicles under 3/4 tons will receive the same hookup and mileage charge unless additional equipment such as a dolly is required. Any vehicles exceeding ¾ tons will be subject to a different fee structure. 7. If the costs of an initial tow is to exceed $500, the selected vendor(s) must contact the officer who requested the tow before proceeding. Officers will determine the urgency of a towing need and may choose to cancel the tow request at their discretion. 8. Upon the completion of the thirty day storage requirement (MCA 61-8-913(3)), the City will provide the paperwork for the selected firm(s) to request a new certificate of title to the qualified tow operator. Further, upon completion of the thirty day period, the City will pay the initial tow fee of any vehicle not claimed, but assumes no further liability for storage or 47 Version 7 11 23 Professional Services Agreement for Towing Services on Behalf of the City of Bozeman Parking Division Page 14 of 14 disposal fees of the standard vehicle under ¾ tons. The qualified tow truck operator may choose to sell, crush, or otherwise dispose of the vehicle in a lawful manner. 9. The City and Contractor will reach mutual agreement for fees and other disposal services on a case-by-case basis for vehicles such as campers, RVs, or larger than ¾ tons before they are towed and disposed of. 10. The Contractor shall operate a storage facility within a twenty minute drive of City Hall (121 N Rouse Ave, Bozeman, MT 59715) as determined by a search on google maps. Any storage facility should comply with all regulations contained in MCA 61-8-906 including requirements for appropriate barriers to deter trespassing and vandalism as well as reasonable public access. Storage facilities will be subject to inspection by city staff from time-to-time with at least two business days notice. 48 49 Memorandum REPORT TO:City Commission FROM:Michelle Chapel, Legal Assistant Greg Sullivan, City Attorney Dana McNeil, Police Captain Jim Veltkamp, Police Chief SUBJECT:Authorize the City Manager to Sign a Services Agreement with Arizona State University for Risk Assessment Training MEETING DATE:September 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:I move to authorize the City Manager to Sign a Services Agreement with Arizona State University for Risk Assessment Training STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The Family Violence Center will conduct document analysis and virtual interviews with key informants. These activities will help the FVC to understand domestic violence case flow, victim needs, system gaps, and the resources available to deal with domestic violence cases. Reconnaissance will take place remotely and help map the timeline of activities. UNRESOLVED ISSUES:None anticipated. ALTERNATIVES:As directed by City of Bozeman Commission. FISCAL EFFECTS:Cost of training to be provided by Arizona State University (ASU) is $30,000.00. Attachments: 09.05.23 - City of Bozeman_Final updated ASU Services Agreement.pdf Report compiled on: September 7, 2023 50 1 ARIZONA STATE UNIVERSITY SERVICES AGREEMENT This Agreement (“Agreement”) is entered into effective as of October 01, 2023 between the City of Bozeman, 121 North Rouse, Bozeman MT 59715, (“Client”) and The Arizona Board of Regents for and on behalf of Arizona State University (“ASU”) and its Family Violence Center (“Center”) and governs Center’s performance of all services requested of Center by Client (the “Services”) and Client’s obligations to Center. Client acknowledges that its engagement of Center constitutes Client’s agreement to the terms and conditions of this entire Agreement. 1. Mission of ASU and Center. The parties agree that the performance of the Services is consistent, compatible, and beneficial to the role and mission of ASU to provide educational experiences for students and to encourage and support research and related educational activities. 2. Scope of Work. Center will use reasonable efforts to provide the Services requested by Client and as described in Exhibit A. The Services will be provided under the direction and supervision of a Center employee. The parties agree that Center shall have discretion to involve its students in the conduct and performance of the Services. ASU’s performance of the Services and its obligations under this Agreement are subject to and governed by the regulations and policies of the Arizona Board of Regents 3. Scheduling Services. The scheduling of the Services shall be arranged to avoid conflict with ASU’s educational and research programs. Center shall control the scheduling of such Services but will try to meet reasonable timelines established by Client. 4. Term and Termination. 4.1 This Agreement shall begin on the date Client executes this Agreement and shall terminate as provided herein. 4.2 Either party may terminate this Agreement at any time by giving the other party not less than thirty (30) days prior written notice. If this Agreement is terminated by Client, Client will remain responsible for payment to Center for all work performed through the date of termination and for reimbursement to Center of all non-cancelable commitments incurred in the performance of the Services. Subject to the immediately preceding sentence, upon termination, Client will be entitled to receive the deliverables, if any, produced as a result of the Services performed through the date of termination but will have no rights to any intellectual property therein. Any equipment purchased in furtherance of this Agreement will remain the property of the purchasing party, unless expressly specified otherwise. 5. Compensation and Invoicing. 5.1 Client will pay Center for the Services performed under this Agreement in accordance with Center’s rate schedule set forth in Exhibit B. All amounts due under this Agreement shall be paid upon receipt of invoices from Center issued monthly for the duration of the period of performance of the Services. Invoices are due and payable within thirty (30) days. Questions regarding invoices should be directed to the Center at the contact address indicated on the Center’s website. ASU will mail invoices to the Client contact identified below. 51 2 5.2 Center reserves the right to subject invoices not paid within thirty (30) days of the invoice date to a four percent (4%) per month late fee on the unpaid balance for any amounts not in dispute. Center reserves the right to discontinue the Services if Client fails to make payments when due. In the event of non-payment, Center may terminate all further work on the Services and seek full payment from Client for all work performed and all expenses incurred including allocable costs, pursuant to the termination clause of this Agreement including the collection of payment. Should it become necessary for Center to commence collection proceedings or retain an attorney to enforce any of the terms of this Agreement, Client shall pay all attorneys’ fees and the costs of collection incurred by Center. 5.3 Client will pay any additional costs incurred by the Center as a result of any changes or alterations that are directly requested by or result from any changes or alterations requested by Client to any aspect of the services provided under this Agreement. Such changes or alterations will be subject to the prior approval of the Center and will be set forth in writing and signed by an authorized representative of each Party. 5.4 All fees due under this Agreement shall be made payable in U.S. dollars. Client will be responsible for any costs of collection incurred by ASU to enforce the payment terms hereunder, including reasonable attorneys’ fees and court costs. 5.5 Client will send checks or paper remittance advices to: Family Violence Center, Arizona State University Attn: Victoria Vnuk MC 2620 400 E Van Buren St., Suite 900 Phoenix, AZ 85004 6. Confidential Information. To the extent permitted by law, the Center agrees that it will keep confidential any information regarding, received from or about Client (“Confidential Information”) that is disclosed to it in connection with its conduct of the Analysis. To be protected hereunder, Confidential Information must be marked confidential if disclosed in written or other tangible form. If Confidential Information is disclosed orally or visually, Confidential Information must be identified as confidential at the time of disclosure and reduced to writing, marked confidential, and transmitted to the Center within thirty (30) days of the initial disclosure. The Center will use reasonable efforts to prevent the disclosure to unauthorized third parties of any Confidential Information of the Client and will use such information only for the purposes of this Agreement. The Center’s obligations with respect to Confidential Information will survive for three (3) years after the termination of this Agreement; provided that the Center’s obligations hereunder will not apply to information that: 1. was already known to the Center or ASU prior to the time of first disclosure; 2. at the time of disclosure is in the public domain, or after the date of the disclosure, lawfully becomes a part of the public domain other than through breach of this Agreement by the Center or ASU; 52 3 3. is received in good faith, without any obligation of confidentiality from a third party having a legal right to disclose the same; 4. is independently developed by the Center or ASU by individuals without access to such information; or 5. is required to be disclosed by the Center or ASU pursuant to a legally enforceable order, law, subpoena, or other regulation (“Order”), provided, however, that the Center promptly notifies Client in advance of such disclosure and discloses only that information necessary to comply with said Order. The Center and/or ASU retain the right to refuse acceptance of any Confidential Information that is not required for the purposes of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, ASU is a public institution, and as such is subject to A.R.S. §§ 39 121 through 39 127 regarding public records. Any provision regarding confidentiality is limited to the extent necessary to comply with the provisions of Arizona law. 7. No Warranty. Center neither makes nor shall be deemed to have made any representation or warranty whatsoever (express or implied) regarding any outcome obtained or deliverable delivered hereunder including any outcome desired by Client. Any decision regarding safety, applicability, marketability, effectiveness for any purpose, or other use or disposition of said outcome shall be the sole responsibility of Client and/or its permitted assigns and licensees. 8. No University Endorsements. In no event shall Client (or its successors, employees, agents and contractors) state or imply in any publication, advertisement or other medium that ASU has approved, endorsed or tested any product or service. In no event shall Center’s performance of the Services described herein be considered a test of the effectiveness or the basis for any endorsement of a product or service. 9. Use of Names or Logos. 9.1 Neither party will use any names, service marks, trademarks, trade names, logos or other identifying names, domain names or identifying marks of the other party (“Marks”), or the name of any representative or employee of the other party in any sales promotion work or advertising, press release or any form of publicity, without the prior written permission of an authorized representative of the party that owns the Marks in each instance. A party may withhold such consent in that party’s absolute discretion. Any permitted use of a party’s Marks must comply with the owning party’s requirements, including but not limited to using the “®” indication of a registered trademark. 9.2 With regard to the use of ASU’s Marks, all requests for approval pursuant to this Section must be submitted to the ASU Marketing Hub at the following email address at least 10 business days prior to the date on which a response is needed: marketinghub@asu.edu. 9.3 With regard to any sales promotion work or advertising, press release or any form of publicity, all requests for approval pursuant to this Section must be submitted to ASU Media Relations at the following email address at least 10 business days prior to the date on which a response is needed: mediarelations@asu.edu. 53 4 9.4 Each party acknowledges and agrees that violation of this Section 7 is a material breach of contract. In the event of any breach or threatened breach of this Section 7, the parties agree that the non-breaching party will suffer irreparable harm for which there is no adequate remedy at law and shall be entitled to seek immediate injunctive relief, in addition to any other remedies available under this Agreement, at law or in equity. If the non-breaching party is successful in obtaining an injunction, the breaching party will pay all costs, including all reasonable attorneys’ fees and costs and court costs, incurred by the non-breaching party in prosecuting such injunction, together with all costs necessary to cure the breach, which was the subject of the proceeding, to the reasonable satisfaction of the non- breaching party 10. Similar Research. Nothing in this Agreement shall be construed to limit the freedom of ASU or of its researchers from engaging in similar services made under other grants, contracts or agreements with parties other than Client. 11. Export Controls. Client will notify Center in writing if any technological information or data provided to Center under this Agreement is subject to export controls under U.S. law or if technological information or data that Client is requesting Center to produce during the course of work under this Agreement is expected to be subject to such controls. Client will notify Center of the applicable export controls (for example, Commerce Control List designations, reasons for control, countries for which an export license is required). Center shall have the right to decline export controlled information or tasks requiring production of such information. Client will comply with Export Control Laws. 12. Intellectual Property. ASU will retain ownership of its pre-existing intellectual property, including any that may be incorporated into the Services and/or deliverables under this Agreement. The parties understand and agree that ASU owns any and all right, title and interest in and to any and all intellectual property developed, created or invented solely by ASU in its performance under this Agreement, including the Services and/or any deliverables, and that ASU will have the exclusive right to patent, copyright, publish, distribute, disclose, use or disseminate in whole or in part any such intellectual property. In no event is any ASU intellectual property considered a “work for hire” and, except as provided in this Section 10, in no way does the provision of Services under this Agreement confer any license, right, title or interest in any ASU intellectual property to Client. Solely to the extent to allow Client to make use of any deliverables for their intended purpose as contemplated by this Agreement, ASU hereby grants to Client a fully paid up, perpetual, irrevocable, royalty-free, worldwide right and license to ASU’s pre-existing intellectual property incorporated into the deliverables, if any. 13. Independent Contractor. Each party is an independent contractor and is independent of the other party. Under no circumstances shall any employees of one party be deemed the employees of the other party for any purpose. This Agreement does not create a partnership, joint venture or agency relationship between the parties of any kind or nature. This Agreement does not create any fiduciary or other obligation between the parties, except for those obligations expressly and specifically set forth herein. Neither party shall have any right, power, or authority under this Agreement to act as a legal representative of the other party, and neither party shall have any power to obligate or bind the other or to make any representations, express or implied, on behalf of or in the name of the other in any manner or for any purpose whatsoever contrary to the provisions of this Agreement. Each party acknowledges that the relationship of the parties hereunder is non-exclusive. 54 5 14. Force Majeure. 14.1 With the exception of a party’s payment obligations, no liability shall result from the delay in performance or nonperformance caused by force majeure or circumstances beyond the reasonable control of the party affected, including, but not limited to, acts of God, fire, flood, substantial snowstorm or other weather condition, or of a public enemy, acts of the Government in either its sovereign or contractual capacity, war, terrorism, embargo, any United States or foreign government regulation, direction or request, accident, disease, pandemic or epidemic, mass health issues, quarantine restrictions, strike or other labor difficulties, dispute or labor trouble, civil unrest, freight embargoes, natural disasters, or any failure, disruption or delay of any transportation, utilities, power, equipment or communications system, critical electronic systems, acts of terrorism, mass shootings , other emergencies that disrupt a party’s operations, or any other or similar cause beyond that party’s reasonable control. 14.2 The party which is so prevented from performing shall give prompt notice to the other party of the occurrence of such event of force majeure, the expected duration of such condition and the steps which it is taking to correct such condition. This Agreement may be terminated by either party by written notice upon the occurrence of such event of force majeure which results in a delay of performance hereunder exceeding thirty (30) days. 15. Applicable Law. (Reserved) 16. Dispute Resolution. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach, termination or validity thereof, the parties will first attempt to resolve the matter over a period of at least thirty (30) days before resorting to formal dispute resolution, except that equitable remedies may be sought immediately. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. The parties agree to arbitrate disputes filed in Arizona Superior Court that are subject to mandatory arbitration pursuant to Arizona Revised Statutes (“A.R.S.”) § 12 133. A.R.S. § 12 1518 requires this provision in all ASU contracts. 17. Assignment. Neither party shall assign or transfer any interest in this Agreement without the prior written approval of the other party. Any attempted assignment in violation of this Section shall be null and void. Subject to the foregoing, this Agreement shall be binding upon the permitted successors and permitted assigns or other permitted transferees of the parties. 18. Severability. If any provision of this Agreement shall for any reason be found invalid, illegal, unenforceable, or in conflict with any valid controlling law: (a) such provision shall be separated from this Agreement; (b) such invalidity, illegality, unenforceability, or conflict shall not affect any other provision hereof; and (c) this Agreement shall be interpreted and construed as if such provision, to the extent the same shall have been held invalid, illegal, unenforceable, or in conflict, had never been contained herein. 18. Waiver. The waiver of a breach hereunder may be effected only by a writing signed by the waiving party and shall not constitute, or be held to be, a waiver of any other or subsequent breach or to affect in any way the effectiveness or enforceability of the provision in question. 20. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person or entity, other than the parties and their respective successors 55 6 and assigns permitted by this Agreement, any right, remedy or claim under or by reason of this Agreement. 21. Merger and Integration. This Agreement contains the entire understanding between the parties concerning the subject matter of this Agreement and supersedes any and all prior understandings, agreements, representations, and warranties, express or implied, written or oral, between the parties concerning the subject matter of this Agreement. 21. University and State Required Provisions. 21.1 Nondiscrimination. The parties will comply with all applicable laws, rules, regulations, and executive orders governing equal employment opportunity, immigration, and nondiscrimination including the Americans with Disabilities Act. If applicable, the parties will abide by the requirements of 41 CFR §§ 60−1.4(a), 60−300.5(a) and 60−741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. 21.2 Conflict of Interest. If within 3 years after the execution of this Agreement, Company hires as an employee or agent any ASU representative who was significantly involved in negotiating, securing, drafting, or creating this Agreement, then ASU may cancel this Agreement as provided in Arizona Revised Statutes (ARS) § 38−511. 21.3 Failure of Legislature to Appropriate. In accordance with ARS § 35−154, if ASU’s performance under this Agreement depends on the appropriation of funds by the Arizona Legislature, and if the Legislature fails to appropriate the funds necessary for performance, then ASU may provide written notice of this to Company and cancel this Agreement without further obligation of ASU. Appropriation is a legislative act and is beyond the control of ASU. 21.5 Indemnification and Liability Limitations. Because ASU is a public institution any indemnification, liability limitation, releases, or hold harmless provisions are limited as required by Arizona law, including Article 9, Sections 5 and 7 of the Arizona Constitution and ARS §§ 35−154 and 41−621. ASU’s liability under any claim for indemnification is limited to claims for property damage, personal injury, or death to the extent caused by acts or omissions of ASU. 21.6 Responsibility. Each party is responsible for the negligent or willful acts or omissions of its employees and agents when acting under such party’s direction and supervision. ASU recognizes an obligation to pay attorneys’ fees or costs only when assessed by a court of competent jurisdiction. Notwithstanding the terms of this Agreement or any other document: (i) other than for employees and agents acting under ASU’s direction and supervision, ASU is not responsible for any actions of any third parties, including its students; and (ii) no person may bind ASU unless they are an authorized signatory in PUR 107, which is located at the following link: https://www.asu.edu/aad/manuals/pur/pur107.html. 21.7 Title IX Obligation. Title IX protects individuals from discrimination based on sex, including sexual harassment. ASU fosters a learning and working environment built on respect and free of sexual harassment. ASU’s Title IX Guidance is available online. Company will: (i) comply with ASU’s Title IX Guidance; (ii) provide ASU’s Title IX Guidance to any Company Parties 56 7 reasonably expected to interact with ASU students or employees, in person or online; and (iii) ensure that all Company Parties comply with ASU’s Title IX Guidance. 21.8 No Boycott of Israel. As required by ARS § 35−393.01, Company certifies it is not currently engaged in a boycott of Israel and will not engage in a boycott of Israel during the term of this Agreement. 21.9 Federal Disclosure Requirements. Company acknowledges and agrees that: (1) federal agencies that provide funding for research may require disclosure of contracts pursuant to Section 223 of the National Defense Authorization Act (NDAA), Section 117 of the Higher Education Act of 1965, as amended (HEA), and National Security Presidential Memorandum 33 (NSPM-33) (collectively, “Federal Disclosure Requirements”); and (2) nothing in this Agreement shall prevent ASU from disclosing the Agreement to federal agencies pursuant to the Federal Disclosure Requirements. 22. Scope. This Services Agreement does not contemplate that the Client or its employees will be present on the ASU campus or use ASU equipment. However, the parties agree that in the event that Client, its employees or agents are present on the ASU campus and/or use ASU or Center’s space and/or equipment, all provisions of Sections 23, 24, 25, 26 and 27 will apply, as well as any related provisions in exhibits hereto. 23. ASU, its officers, agents and employees are covered against liability, workers’ compensation and property damage through the State of Arizona, Arizona Department of Administration, Risk Management Section’s statutory insurance program for acts or omissions while acting in authorized governmental or proprietary capacities and in the course and scope of employment or authorization. Such coverage is provided in accordance with and subject to the provisions of A.R.S. § 41-621 et seq. The parties acknowledge that ASU is a public institution and, as such, any liability or indemnification arising under this Agreement will be limited as required by Arizona law, including without limitation Article 9, Sections 5 and 7 of the Arizona Constitution and A.R.S. §§ 35-154 and 41-621. Therefore, ASU's liability under any claim for indemnification arising under this Agreement is limited to claims for property damage, personal injury, or death to the extent caused by negligent acts or omissions of ASU. These obligations shall survive termination of this Agreement and the services performed hereunder. 25. Tobacco-Free University. ASU is a tobacco-free university. For details, visit https://asunow.asu.edu/content/asu-now-tobacco-free. 57 8 26. Weapons, Explosive Devices and Fireworks. ASU prohibits the use, possession, display or storage of any weapon, explosive device or fireworks on all land and buildings owned, leased, or under the control of ASU or its affiliated or related entities, in all ASU residential facilities (whether managed by ASU or another entity), in all ASU vehicles, and at all ASU or ASU affiliate sponsored events and activities, except as provided in A.R.S. §12-781 or unless written permission is given by the Chief of the ASU Police Department or a designated representative. Client will notify all persons or entities who are employees, officers, subcontractors, consultants, agents, guests, invitees, or licensees of Client of this policy, and Client will enforce this policy against all such persons and entities. ASU’s Weapons, Explosives, and Fireworks Policy is located at the following link: http://www.asu.edu/aad/manuals/pdp/pdp201-05.html. 27. Training. Client understands that Center regulations require certification prior to use of Center equipment and that Client employee’s must be certified to use Center equipment. Center reserves the right to determine if such use or presence is appropriate and Center reserves the right to charge an additional fee for any training services. Before access to the Center's labs can be given, Client employees must complete fire safety and prevention, laboratory safety, and hazardous waste management training followed by yearly refresher trainings and/or any other applicable training courses required by Center or ASU’s Environmental Health and Safety department. 28. Records. To the extent required by ARS § 35-214, the non-ASU parties to this Contract (jointly and severally, “Entity”) will retain all records relating to this Contract. Entity will make those records available at all reasonable times for inspection and audit by ASU or the Auditor General of the State of Arizona during the term of this Contract and for a period of five years after the completion of this Contract. The records will be provided at Arizona State University, Tempe, Arizona, or another location designated by ASU on reasonable notice to Entity. 29. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which taken together will constitute one and the same instrument, and photocopy, facsimile, electronic and other copies will have the same effect for all purposes as an ink- signed original. [SIGNATURES ON NEXT PAGE.] 58 9 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives on the respective dates entered below. THE ARIZONA BOARD OF REGENTS FOR AND ON BEHALF OF ARIZONA STATE UNIVERSITY Client – City of Bozeman By: By: Print Name: Kristy Macdonald Print Name: Title: Assistant Director, Research Operations Title: Date: Date: Family Violence Center Department / Center Chair’s Signature: Department / Center Chair’s Name: Neil Websdale Title: Director Date: 59 10 EXHIBIT A Description of Services from October 1, 2023 through September 30, 2024: 1) Field reconnaissance: The Family Violence Center will conduct document analysis and virtual interviews with key informants. These activities will help the FVC to understand domestic violence case flow, victim needs, system gaps, and the resources available to deal with domestic violence cases. Reconnaissance will take place remotely and help map the timeline of activities. 2) Train-the-trainer in-person event: This will take place over 2 days at a location arranged and paid for by the City of Bozeman. The first full day will consist of plenary sessions that address: the science of risk assessment; the development and operationalization of the APRAIS risk intervention; law enforcement on-scene protocols and policing philosophy; legal, ethical, and fair justice issues; victim safety issues; and the building of community teams or a task force to handle implementation issues and liaise with the Family Violence Center team during the follow-up phase. The second day will consist of a roundtable discussion between the Family Violence Center team and key players that will implement APRAIS and engage with us in the follow-up phase. This will consist of a frank and open conversation designed to get at all the thorny issues, in the short and longer term, related to the effective deployment of the APRAIS. Note: Family Violence Center personnel will arrive 2 days before the training to allow for 1 full day on the ground to meet with system players prior to the first training day. 3) Follow-up: The Family Violence Center team will provide ongoing support as issues arise. The team will provide full support to the City of Bozeman throughout the process of adopting, implementing, and operationalizing the APRAIS risk tool. This support includes APRAIS policy development assistance through phone calls, zoom video meetings, and email, as well as peer-to-peer advice in dealing with any specific issue or need that may arise. 60 11 EXHIBIT B Compensation will be on a fixed-price basis. Client will pay ASU an amount not to exceed $30,000.000 USD for ASU's services hereunder. Client will remit the total contract price upon execution by both parties of this Agreement. Payment Schedule Date Due: Description of Deliverable: Amount Due: Upon Execution of Agreement Fully Executed Agreement $30,000.000 61 Memorandum REPORT TO:City Commission FROM:Adam Oliver, Stormwater Program Manager John Alston, Utilities Director SUBJECT:Professional Services Master Task Order Agreement and Task Orders 1 and 2 With DOWL to Complete Professional Engineering On-Call Services For On- Call Engineering and Construction Oversight Services MEETING DATE:September 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize The City Manager To Sign A Professional Service Master Task Order Agreement And Two Task Orders With DOWL For On-Call Engineering And Construction Oversight Services STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Staff requires a qualified consultant to assist with the planning, engineering, and construction oversight of a variety of infrastructure projects scheduled in the Stormwater Division’s Capital Improvement Plan (CIP). The CIP contains numerous ditch restorations, pipe rehabilitation, and treatment unit installations, with the majority requiring specialized services and capacity outside of existing internal resources. Examples of required services include hydraulic modeling, permitting, testing, surveying, engineering, and inspection. Per MCA 18-8-201 et seq, Staff conducted a Request For Qualifications process to select a consultant capable of completing this work. Four consultants submitted proposals, which Staff members reviewed and scored. Staff determined DOWL to be the most qualified. Staff plans to utilize DOWL on an on-call and task-order basis over three years as projects arise and funding is available. This strategy eliminates the need to administer a consultant selection process for individual projects, saving time and resources. Task Orders for ongoing projects and their remaining balances, created under the 2019 Professional Services Master Agreement with DOWL are included under this Consent Agenda Item. They are written as new Task Orders under this PSA. UNRESOLVED ISSUES:None ALTERNATIVES:As directed by the Commission 62 FISCAL EFFECTS:The Stormwater Division’s approved Capital Improvement Plan (CIP) allocates $2.4 million for projects during the timeframe of this agreement. If required, Staff will utilize a portion of an individual project’s budget on professional services delivered under this agreement. Not all CIP projects require services from DOWL. Typically, professional services represent 15-30% of a project’s overall budget; however, this percentage can change depending on specific needs, complexities, and internal capacity at the time of project initiation. Task Order 1 (Previously TO#7) under this agreement will continue design and construction oversight for a project already underway in this fiscal year. Deferred Maintenance Project – Historic Pipe and Infrastructure Replacement Program (STDM04). This Task Order is billed by time, and the remainder of the design and oversight budget will not exceed $37,985.00. The project's construction will use the remaining funds previously approved in the CIP. Task Order 2 (Previously TO#8) under this agreement will continue design and construction oversight for a project already underway in this fiscal year. River Health Project – Mechanical Stormwater Treatment (STRH02). This Task Order is billed by time, and the remainder of the design and oversight budget will not exceed $64,072.50. The project's construction will use the remaining funds previously approved in the CIP. Attachments: Stormwater Engineering On-Call Services 2023.pdf Task Order 01 - DOWL 2023 PSA For On-Call Services.pdf Task Order 02 - DOWL 2023 PSA For On-Call Services.pdf Report compiled on: August 25, 2023 63 Professional Services Agreement – Engineering FY2024-2027 Page 1 of 12 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of , 2023 (“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 DOWL, LLC with a mailing address of 1283 North 14th Ave, Suite 101, Bozeman, MT 59715, hereinafter referred to as “Consultant.” The City and Consultant 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 Consultant to perform for City a range of professional and technical services, as requested by the City through issuance of individual Task Orders. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate three years from the date made and entered. This Agreement may, upon mutual agreement, be extended by written agreement of the Parties. In no case, however, may this Agreement run longer than four years. 3. Scope of Services: Consultant 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. Consultant may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, Sub- consultants, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: The terms of compensation to Contractor shall be agreed upon and included in each Task Order. City agrees to pay Contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 64 Professional Services Agreement – Engineering FY2024-2027 Page 2 of 12 5. Reimbursable Expenses: As defined in section 8 of this Agreement, for completion of the Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed $ , which includes $ for Sub-consultants hired by the Consultant and $ for all other reimbursable expenses. The estimated reimbursable expenses are provided herewith as “Attachment 2”. The administrative markup factor being applied by the Consultant for any of its Sub-consultants shall be indicated on Attachment 2 and be no higher than 1.05. 6. Additional Services: If the City requests Consultant to perform any Additional Services not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to complete the Additional Services requested. The City and Consultant shall mutually agree upon a basis of payment for the Additional Services requested prior to the Consultant proceeding with such Additional Services. 7. Times of Payments: The Consultant may submit monthly statements for the Scope of Services and approved Additional Services rendered and for Reimbursable Expenses incurred. The statements shall be based upon Consultant’s estimate of the proportion of the total Scope of Services actually completed for each task at the time of billing. 8. Meaning of Terms: a. Additional Services: Additional Services means services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by the City where changes are due to causes beyond the Consultant’s control. Additional Services can also mean providing other services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services. b. Agreement: As used herein the term “this Agreement” refers to the contents of this document and its Attachments and Exhibits attached hereto and referred to as if they were part of one and the same document. c. Direct Labor Costs: Direct Labor Costs used as a basis for payment mean the actual salaries and wages paid to all of the Consultant’s personnel engaged directly on the Scope of Services but does not included indirect payroll related costs or fringe benefits. d. Reimbursable Expenses: Reimbursable expenses mean the actual expenses incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized technology or software subscription charges; reproduction of reports, technical memoranda, drawings, renderings and similar Project-related items. 65 Professional Services Agreement – Engineering FY2024-2027 Page 3 of 12 e. Sub-consultants: Sub-consultants means any independent professional associates working on the Project that are not directly employed by the Consultant and have rather been hired by the Consultant to serve a particular role or offer a particular service for the Project. 9. Consultant’s Representations: To induce City to enter into this Agreement, Consultant makes the following representations: a. Consultant has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Consultant 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 the degree of care and skill ordinarily exercised under the same conditions by professionals practicing in the same field at the same time in the same or similar locality; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 10. Independent Contractor Status/Labor Relations: The parties agree that Consultant is an independent Contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. 11. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or 66 Professional Services Agreement – Engineering FY2024-2027 Page 4 of 12 intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of the Consultant’s agents. For the professional services rendered, to the fullest extent permitted by law, Consultant agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Consultant or Consultant’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 which would otherwise exist as to such indemnitee(s). Consultant’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Consultant to assert its right to defense or indemnification under this Agreement or under the Consultant’s applicable insurance policies required below the 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 Consultant 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 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. Consultant also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Consultant shall at Consultant’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Consultant in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Consultant in this Section. 67 Professional Services Agreement – Engineering FY2024-2027 Page 5 of 12 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. Consultant shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $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 of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Consultant commencing work. Consultant shall notify City within two (2) business days of Consultant’s receipt of notice that any required insurance coverage will be terminated or Consultant’s decision to terminate any required insurance coverage for any reason. 12. Termination for Consultant’s Fault: a. If Consultant 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 Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to Consultant’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 12, Consultant shall be entitled to payment only for those services Consultant actually rendered. c. Any termination provided for by this Section 12 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 12, Consultant shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 68 Professional Services Agreement – Engineering FY2024-2027 Page 6 of 12 13. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Consultant (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Consultant. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Consultant shall immediately cease performance under this Agreement 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. Consultant shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 13, Consultant is entitled to payment only for those services Consultant actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 13(c) is the sole compensation due to Consultant for its performance of this Agreement. Consultant shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 14. Limitation on Consultant’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Consultant under this Agreement, Consultant’s damages shall be limited to contract damages and Consultant hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Consultant wants to assert a claim for damages of any kind or nature, Consultant shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the Consultant becoming aware of the facts and circumstances giving rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all rights to assert such claim. 15. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Russell Smith, Project Coordinator, or such other individual as City shall designate in 69 Professional Services Agreement – Engineering FY2024-2027 Page 7 of 12 writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Consultant may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Consultant’s Representative: The Consultant’s Representative for the purpose of this Agreement shall be Greg Gabel, PE, Contract Manager, or such other individual as Consultant shall designate in writing. Whenever direction to or communication with Consultant is required by this Agreement, such direction or communication shall be directed to Consultant’s Representative; provided, however, that in exigent circumstances when Consultant’s Representative is not available, City may direct its direction or communication to other designated Consultant personnel or agents. 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. 16. Permits: Consultant shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 17. Laws and Regulations: Consultant shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 18. Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall be on the basis of merit and qualifications. The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Consultant will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment 70 Professional Services Agreement – Engineering FY2024-2027 Page 8 of 12 because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Consultant shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Consultant represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Consultant must report to the City any violations of the Montana Equal Pay Act that Consultant has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Consultant shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Consultant acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Consultant shall be obligated to furnish such proof. The Consultant shall be responsible for instructing and training the Consultant's employees and agents in proper and specified work methods and procedures. The Consultant shall provide continuous inspection and supervision of the work performed. The Consultant is responsible for instructing its employees and agents in safe work practices. 20. Modification and Assignability: This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee will be bound by all of the terms and conditions of this Agreement. 21. Reports/Accountability/Public Information: Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant’s compliance with the requirements of this Agreement. Consultant shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and 71 Professional Services Agreement – Engineering FY2024-2027 Page 9 of 12 local law. The Consultant shall not issue any statements, releases or information for public dissemination without prior approval of the City. 22. 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. 23. 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. 24. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 25. 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. 26. Survival: Consultant’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 27. 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. 28. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 29. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 72 Professional Services Agreement – Engineering FY2024-2027 Page 10 of 12 31. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 32. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 33. 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. 34. Standard of Care: In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Consultant shall, at the City’s request, re- perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law 35. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. 36. 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. 37. Web Accessibility and the Americans with Disabilities Act: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. 73 Professional Services Agreement – Engineering FY2024-2027 Page 11 of 12 If the Consultant’s Scope of Services includes the production of digital content, documents, or web applications for the City, Contractor must use both the City style guide when creating a design, and, as per recommendations found in Section 508 of the Rehabilitation Act, the content must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG) (https://www.w3.org/WAI/). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 74 Professional Services Agreement – Engineering FY2024-2027 Page 12 of 12 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: BY: Jeff Mihelich, City Manager (insert title of signatory) DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney 75 2023 Term Contract Page 1 Task Order #01 Exhibit A – Scope of Services 2021 South Tracy Stormwater Improvements Introduction The City of Bozeman (City) Stormwater Division has identified two (2) stormwater collection pipelines in need of replacement due to their age, hydraulic capacity, and upstream development/improvements in the contributing drainage basin. The storm drain replacement projects are part of the City’s Stormwater Capital Improvement Plan and are further described below: South Tracy Ave - Cleveland Street The City would like to replace approximately 230 feet of 18-inch diameter vitrified clay storm drain pipe located within City right-of-way and a utility easement on private property east of the South Tracy Avenue and Cleveland Street intersection. The primary driver of the project is to replace the aging storm drain pipe prior to the redevelopment of the private property parcel (918 South Tracy Ave.), and future downstream stormwater improvements. South Tracy Ave. – Babcock to Main Street The City has identified approximately 580 feet of 12-inch diameter vitrified clay storm drain within South Tracy Avenue from East Babcock Street to the alleyway north of East Main Street as deteriorated and a hydraulic constraint in the stormwater collection system. In 2018, the storm drain main south of East Babcock Street (upstream) was replaced with 18-inch diameter PVC pipe, and a stormwater treatment unit was installed near the alleyway north of East Main Street (downstream). Additionally, a 2019 video inspection of the 12-inch storm drain revealed pipe deflection (squashed pipe) which could lead to failure of the brittle vitrified clay pipe. The City would like to replace the 580 feet of 12-inch diameter storm drain with consideration to using a trenchless means of construction. The following scope of services for the above described projects will generally consist of topographical surveys, preliminary design recommendations for sizing and construction methods, permitting, development of construction documents, and construction administration services. A detailed description of engineering services is identified in the subsequent sections. It is assumed that the City of Bozeman will provide Project Management throughout the duration of the projects and will be responsible for the following tasks: Bidding and Contract Negotiations Hosting the Pre-bid and Pre-construction Meetings Reviewing Construction Schedules Providing Public Outreach and Coordination with Property Owners Acquiring necessary project easements Administering Recommended Change Orders and Work Change Directives Processing Applications for Payment Managing the Construction Contract and Related Disputes (as needed) Issuing Notice of Substantial and Final Project Completion Providing other Non-Technical General Construction Administration Tasks 76 Task Order #01, Exhibit A – Scope of Services South Tracy Stormwater Improvements Page 2 DOWL will provide the following project design and construction administration services for the proposed Projects. Scope of Services (Basic Services) The below tasks will be completed for both proposed storm drain replacement projects unless specified otherwise in the project task description. Project invoices will be delivered electronically to the City’s Project Manager monthly for processing and payment. Invoicing will track each project separately on the same invoice and will include services completed for the invoiced period, monthly charges, total spent, and amount remaining. Task 1. Preliminary Project Design 1.Complete the following specific tasks related to the preliminary design of the 2021 South Tracy Stormwater Improvements project: a.Task 100 – Project Management, Quality Control, and Design Review Meeting(s): Perform general project management tasks, including job setup, contracting, internal quality control procedures, project planning, scheduling, and coordination calls and meetings related to Task 1. b.Task 110 – Utility Locates and Survey: Survey base mapping will be developed for the two (2) project corridors. Services performed under this task will include requesting utility locates, survey of utilities, and topographic survey of the project vicinity. DOWL will develop and submit a utility locate request and will survey the locations of utilities within the project corridor. Rim elevation survey and measure-downs to pipe inverts will be completed to document existing pipe elevations and sizes of the stormwater, sanitary sewer and water infrastructure. The survey will be completed in NAD83 state plane coordinates and using the vertical datum NAVD88. DOWL will notify the City of Bozeman in advance of the utility locates and survey to obtain permission to enter private property in the vicinity of the project. c.Task 120 – Preliminary Design: DOWL will evaluate the existing hydraulic capacity based on the collected field data obtained in Task 110 of sections of the storm drain proposed for improvement, in addition to the upstream and downstream reaches. DOWL will provide recommendations to the City for the means of pipe replacement construction, i.e. traditional trench and replacement or in situ trenchless pipeline replacement. The sizing of the replacement storm drains will be based on a balance of required sizing based on previously completed stormwater modeling studies and practical solutions based on site-specific project constraints. Additional hydrologic modeling of the contributing stormwater basins will not be completed for pipe sizing recommendations. 2.The following project deliverables will be provided to the City for review and comment. DOWL will provide digital PDF copies of all deliverables. It is assumed that review comments will be received from the City within 14 days of receipt of each review set described below. a.Technical Memorandum of design assumptions, recommended construction methods, project exhibit(s), and a preliminary engineer’s estimate of probable construction cost. 3.Design Review Meeting: A design review meeting will be conducted after the Technical Memorandum submittals to review the project recommendations and discuss City comments. It is assumed that the design review meeting will be held virtually via teleconference or Microsoft Teams. 77 Task Order #01, Exhibit A – Scope of Services South Tracy Stormwater Improvements Page 3 Task 2. Construction Documents 1.Complete the following specific tasks related to project design and development of the 2021 South Tracy Stormwater Improvements project construction documents. The project tasks listed below will be completed for each project separately unless otherwise noted. a.Task 200 – Project Management, Quality Control, and Design Review Meeting(s): Perform general project management tasks, internal quality control procedure, project planning, scheduling, and coordination calls and meetings related to Task 2. b.Task 210 – Construction Drawings: DOWL will develop construction drawings for the proposed storm drain improvements, with two (2) sets of construction drawings describing each project. The project construction drawings will generally consist of the following: Table 1 – Preliminary Sheet Index Drawing No. Drawing Description G00 Cover Sheet G01 General Notes, Legend, Abbreviations, Survey Control C01 Existing Conditions C02 Overall Project Site Improvements Map C03 Stormwater Pipeline Plan and Profile D01 Standard Details c.Task 220 – Construction Specifications: Project specifications will be based upon the Montana Public Works Standard Specifications, Sixth Edition (April 2010) and the City of Bozeman Modifications to Montana Public Works Standard Specifications, Sixth Edition, March 21, 2011, and Addenda No. 1 through No. 3. i.Project specific conditions and construction constraints will be outlined in a separate Summary of Work to detail the work description, identify work sequence restrictions, bypass pumping operation, work schedule, etc. ii.Additionally, DOWL will provide a draft advertisement for bidding, itemized bid schedule, measurement and payment, and standalone modifications to Montana Public Works Standard Specifications as necessary. d.Task 230 – Engineers’ Estimate of Probable Construction Cost: DOWL will develop an engineers’ opinion of probable construction cost for the project to assist the City with project planning and budgeting. e.Task 240 – Montana Department of Transportation Permitting and Coordination: The South Tracy Ave. – Babcock to Main Street pipeline will require permitting and coordination with the Montana Department of Transportation (MDT). DOWL will complete the required permitting on behalf of the City. For the purpose of budgeting, a total of 25-manhours are assumed for the completion of this task and all associated permit fees will be paid by the Owner. 2.The following project deliverables will be provided to the City for review and comment including review by legal counsel or other advisors as appropriate. Each project will have separate submittal intended to provide the City with flexibility for bidding the project independent of each other and on separate construction schedules. DOWL will provide digital PDF copies of all deliverables unless otherwise noted 78 Task Order #01, Exhibit A – Scope of Services South Tracy Stormwater Improvements Page 4 below. It is assumed that review comments will be received from the City within 14 days of receipt of each review set described below. a.95% complete set of construction drawings and technical specifications, and engineer’s estimate of probable construction cost, for each project (2). b.Project Manual consisting of issued for construction (100%) project drawings and technical specifications necessary for bidding and construction of the proposed projects, for each project (2). 3.Design Review Meeting: A design review meeting will be conducted after the 95% submittal to review the project and discuss City comments. It is assumed that the design review meeting will be held virtually via teleconference or Microsoft Teams. Task 3. Assistance During Bidding and Contract Award 1.Task 300 – Assist the city in advertising for and obtaining bid proposals for the Work. a.Assist the City with bidding documents for the City to post and manage through QuestCDN. b.Assist the City in providing clarifications to Contractor questions during bidding. c.Assist in developing addenda as appropriate to clarify, correct, or change the bidding documents. One addendum is assumed following the pre-bid meeting to distribute meeting minutes and provide formal answers to any questions posed/answered at the pre-bid meeting. The City will post addendum(s) to Quest for Planholder distribution. 2.Task 310 – Assist in preparing an agenda and participate in a Pre-bid meeting to summarize the project for interested bidders and gather questions for clarifications via addendum, if needed. It is assumed that the City will be responsible for bid opening, certified bid tab, assembly of insurance, bonds, agreements, and additional documents to finalize the bidding process and award the contract. Task 4. Construction Administration Upon successful completion of the bidding, negotiating and project construction award, and upon written authorization from the City, DOWL shall: 1.Task 400 – General Administration of Construction Contract: DOWL with the City, act as the Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified, except as Engineer may otherwise agree in writing. All of Owner’s instructions to Contractor will be issued through the Engineer, which shall have authority to act on behalf of the Owner in dealings with the Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2.Task 410 – Pre-Construction Conference: Participate in a Pre-Construction Conference prior to commencement of Work at the Site. 3.Task 420 – Shop Drawings and Samples: Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other information that Contractor is required to submit, but only for conformance with the information provided in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such 79 Task Order #01, Exhibit A – Scope of Services South Tracy Stormwater Improvements Page 5 reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. a.Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by Contractor, but subject to the Additional Services provisions of Attachment 1. 4.Task 430 – Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: a.Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor’s Work in progress or to involve detailed inspections of Contractor’s Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b.The purpose of Engineer’s visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractor’s Work in progress, supervise, direct, or have control over Contractor’s Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor’s Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to furnish or perform the Work in accordance with the Contract Documents. c.For the purpose of budgeting, a total of two (2) engineer site visits are assumed for each project. 5.Task 440 – Quality Assurance: It is assumed that the Contractor will complete Quality Control testing as specified and required in the project specifications. DOWL will assist the City of Bozeman in reviewing the Contractor’s quality control test results, including compaction and leak detection testing. For the purpose of budgeting, a total of 5 manhours are assumed for each project to complete of this task. 6.Task(s) 450 – Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that conforms to the Contract Documents, or (c) will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 80 Task Order #01, Exhibit A – Scope of Services South Tracy Stormwater Improvements Page 6 7.Task(s) 450 – Clarifications, Interpretations, Field Orders: Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor’s work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue field orders authorizing minor variations in the Work from the requirements of the Contract Documents. 8.Task(s) 450 – Change Orders and Work Change Directives: Recommend change orders and work change directives to Owner, as appropriate, and prepare change orders and work change directives as required. 9.Task(s) 460 – Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Project to determine if the Work is substantially complete. If after considering any objections of Owner, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner for final processing. 10.Task(s) 460 – Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. 11.Task 450 – Post Construction Activities: a.Record Drawings: DOWL will develop record drawings incorporating any field changes or updates to as-recorded information. b.Post Construction Walk-through(s): DOWL, together with the City of Bozeman, will visit the Project to observe any apparent defects in the Work, assist City in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective Work, if any. c.Warranty Walk-through: DOWL, together with the City of Bozeman, will participate in a Two-Year Warranty Walk-through inspection of the Project to observe any apparent defects in the Work, assist the City in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective Work, if needed. Task 5. Construction Inspection 1.Task 500 – Resident Project Representative (RPR) a.Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth in Attachment 3. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s responsibilities or authority except as expressly set forth in Attachment3. b.Duration of Construction Phase and Timing/Number of RPRs Expected Site Visits: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractor(s). Subject to the provisions of Attachment 1, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth herein or in the Construction Contract. i.South Tracy Ave. – Cleveland Street: The anticipated duration of on-site construction activities is estimated at a maximum of 30 calendar days. RPR services are as indicated in 81 Task Order #01, Exhibit A – Scope of Services South Tracy Stormwater Improvements Page 7 Attachment 3. DOWL will provide RPR services for the following construction activities/milestones. 1.Meet with Contractor on-site to discuss project schedule and observe initial construction actives (1 site visit) 2.Observe bypass pumping operation (1 site visit) 3.Observe Cleveland Street excavation (1 site visit) 4.Observe stormwater main replacement and flowable fill backfill within Cleveland Street (4-site visits) 5.Observe manhole subgrade, pipe connections, and backfill (2 site visits) 6.Observe connection to existing (1 site visit) 7.Observe placement of pavement and restoration (1 site visit) 8.Post construction activities (1 site visits) ii.South Tracy Ave – Babcock to Main: The anticipated duration of on-site construction activities is estimated at a maximum of 60 calendar days. RPR services are as indicated in Attachment 3. DOWL will provide RPR services for the following construction activities/milestones. 1.Meet with Contractor on-site to discuss project schedule, layout, and initial construction activities (1 site visit) 2.Observe traffic control and public safety measures (1 site visit) 3.Observe Babcock Street excavation (1 site visit) 4.Observe stormwater main replacement and flowable fill backfill (6-site visits) 5.Observe manholes subgrade, pipe connections, and backfill (2 site visits) 6.Observe connections to existing (2 site visit) 7.Observe placement of paving and concrete (2 site visit) 8.Post construction activities (2 site visits) iii.To facilitate public communication and coordination with DOWL within a normal workday duration, it is proposed for consideration to require construction working hours from 8 A.M. to 5 P.M. MDT will require the construction of the stormwater main across Main Street to be completed during the night. RPR service will be completed during alternative working hours for this section of the pipeline improvements only. c.Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. Compensation 1.Basic Services: Table 2 outline DOWL’s estimated fee for the proposed Scope of Services. Given the variable nature of the services potentially required, it is anticipated that this task order will be managed on a Time and Materials basis. The distribution of fees between individual tasks may be altered to be consistent with the services actually rendered, but the total compensation will not be exceeded without prior written consent of the City of Bozeman. 82 Task Order #01, Exhibit A – Scope of Services South Tracy Stormwater Improvements Page 8 Table 2 – Task Order #01 Compensation Task Description Estimated Fee Task 1 – Preliminary Project Design $ 0.00 Task 2 – Project Design and Construction Documents $ 2,685.00 Task 3 – Assistance During Bidding and Contract Award $ 5,000.00 Task 4 –Construction Administration $ 15,000.00 Estimated Total Fee – Cleveland Street $ 19,685.00 2. Resident Project Representative – Standard Hourly Rates a. Owner shall pay Engineer for Resident Project Representative Basic Services as follows: i.Resident Project Representative Services: For services of Engineer’s Resident Project Representative under Task 5 of this Exhibit A, an amount equal to the cumulative hours charged to the Project by each class of Engineer’s personnel times Standard Hourly Rates for each applicable billing class at the rates set forth in Attachment 2 to this Exhibit A for all Resident Project Representative services performed on the Project, plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any. 1.South Tracy Ave – Cleveland Street: The total compensation under this Paragraph is estimated to be $6,400.00 based upon periodic RPR services at the key construction activities described above over a 30-calendar day construction schedule. 2.South Tracy Ave – Babcock to Main Streets: The total compensation under this Paragraph is estimated to be $11,900.00 based upon periodic RPR services at the key construction activities described above over a 60-calendar day construction schedule. b. Compensation for Reimbursable Expenses: i. For those Reimbursable Expenses that are not accounted for in the compensation for Basic Services under 2.a.i. Resident Project Representative Services above, and are directly related to the provision of Resident Project Representative Basic Services, Owner shall pay Engineer at the rates set forth in Attachment 2 to this Exhibit A. 3. Additional Services – Standard Hourly Rates a. Owner shall pay Engineer for Additional Services, if any, as follows: i. For services of Engineer’s personnel engaged directly on the Project pursuant to Attachment 1, Additional Services Requiring Owner’s Written Authorization of Exhibit A, an amount equal to that separately negotiated for the Additional Services based on the nature of the required Additional Services. ii. For services of Engineer’s personnel engaged directly on the Project pursuant to Attachment 1 Additional Services Not Requiring Owner’s Written Authorization an amount equal to the cumulative hours charged to the Project by each class of Engineer’s personnel times Standard Hourly Rates for each applicable billing class, plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any. 83 Task Order #01, Exhibit A – Scope of Services South Tracy Stormwater Improvements Page 9 b.Other Provisions Concerning Payment of Additional Services: i.Whenever Engineer is entitled to compensation for the charges of Engineer’s Consultants, those charges shall be the amounts billed by Engineer’s Consultants to Engineer times a factor of 1.10. ii.The amounts payable to Engineer for Reimbursable Expenses, if any, will be the related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such Additional Services, the latter multiplied by a factor of 1.10. 84 Attachment 1 to Exhibit A Professional Services Contract Page 1 of 3 This is Attachment 1, consisting of 3 pages, referred to in and part of the Exhibit A Task Order 01 of the 2023 Agreement between Owner and DOWL for Professional Services Additional Services 1.01 Additional Services Requiring Owner’s Written Authorization A.If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. 1.Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2.Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 3.Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer’s control. 4.Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those identified in Exhibit A Basic Services, if any. 5.Services required as a result of Owner’s providing incomplete or incorrect Project information to Engineer. 6.Providing renderings or models for Owner’s use. 7.Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of financial feasibility and cash flow studies, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. 85 Attachment 1 to Exhibit A Professional Services Contract Page 2 of 3 8.Furnishing services of Consultants for other than Exhibit A Basic Services. 9.Services attributable to more prime construction contracts than specified in Exhibit A, Basic Services, if any. 10.If not required as part of Basic Services defined in Exhibit A, preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 11.If not required as part of Basic Services defined in Exhibit A above, preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 12.Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 13.Providing construction surveys and staking to enable Contractor to perform its work other than as required under Exhibit A, Basic Services, including any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 14.Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. 15.Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 16.If not required as part of Basic Services defined in Exhibit A, preparing Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor, and furnishing such Record Drawings to Owner. 17.If not required as part of Basic Services defined in Exhibit A, preparation of operation and maintenance manuals. 18.Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project. 19.Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner other than those required under Exhibit A, Basic Services. 20.If not required as part of Basic Services defined in Exhibit A, assistance in connection with the adjusting of Project equipment and systems. 21.If not required as part of Basic Services defined in Exhibit A, assistance to Owner in training Owner’s staff to operate and maintain Project equipment and systems. 86 Attachment 1 to Exhibit A Professional Services Contract Page 3 of 3 22.If not required as part of Basic Services defined in Exhibit A, assistance to Owner in developing procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related record-keeping. 23.If not required as part of Basic Services defined in Exhibit A, overtime work requiring higher than regular rates. 24.Other services performed or furnished by Engineer not otherwise provided for in this Agreement. 1.02 Additional Services Not Requiring Owner’s Written Authorization A.Engineer shall advise Owner in advance that Engineer will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. 25.Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work (advance notice not required), (2) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. 26.Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. 27.Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 28.Services during the Construction Phase rendered after the original date for completion of the Work referred to above. 29.Reviewing a Shop Drawing more than three times, as a result of repeated inadequate submissions by Contractor. 87 This is Attachment 2, consisting of 4 pages, referred to in and part of the Exhibit A Task Order 01 of the 2023 Agreement between Owner and DOWL for Professional Services DOWL Montana Fee Schedule 88 Montana Fee Schedule Effective July 2, 2023 Until Further Notice 1 | Page MONTANA FEE SCHEDULE Personnel Billing Rates Personnel are identified on our invoices by name and/or labor category. Description Rate Description Rate Accounting Manager $180.00 Accounting Technician $115.00 Administrative Assistant $90.00 Administrative Manager $120.00 Biologist I $125.00 Biologist II $135.00 Biologist III $145.00 Biologist IV $155.00 Biologist V $200.00 CAD Drafter I $100.00 CAD Drafter II $115.00 CAD Drafter III $125.00 CAD Drafter IV $135.00 CAD Drafter V $145.00 Senior CAD Drafter $165.00 Civil and Transportation Designer $130.00 Senior Civil and Transportation Designer $165.00 Contract Administrator I $155.00 Contract Administrator II $180.00 Corporate Development Manager $225.00 Cultural Resources Specialist I $115.00 Cultural Resources Specialist II $135.00 Cultural Resources Specialist III $140.00 Cultural Resources Specialist IV $175.00 Cultural Resources Specialist V $190.00 Document Production Supervisor $145.00 Engineer I $125.00 Engineer II $135.00 Engineer III $150.00 Engineer IV $170.00 Engineer V $190.00 Engineer VI $200.00 Engineer VII $210.00 Engineer VIII $220.00 Engineer IX $245.00 Engineer X $260.00 Engineering Technician I $95.00 Engineering Technician II $110.00 Engineering Technician III $120.00 Engineering Technician IV $135.00 Engineering Technician V $150.00 Engineering Technician VI $170.00 Environmental Specialist I $115.00 Environmental Specialist II $130.00 Environmental Specialist III $135.00 Environmental Specialist IV $145.00 Environmental Specialist V $150.00 Environmental Specialist VI $185.00 Environmental Specialist VII $205.00 Environmental Specialist VIII $220.00 Environmental Specialist IX $240.00 Environmental Specialist X $260.00 Field Project Representative I $110.00 Field Project Representative II $120.00 Field Project Representative III $150.00 Field Project Representative IV $165.00 Geologist I $130.00 Geologist II $140.00 Geologist III $150.00 Geologist IV $170.00 Geologist V $200.00 GIS Technician $100.00 GIS Specialist $120.00 GIS Coordinator $170.00 GIS Manager $175.00 Graphics Designer $125.00 Senior Graphics Designer $160.00 Hydrogeologist I $135.00 89 Montana Fee Schedule Effective July 2, 2023 Until Further Notice Description Rate Description Rate 2 | Page Hydrogeologist II $160.00 Hydrogeologist III $190.00 Senior Hydrogeologist $220.00 Intern I $80.00 Intern II $100.00 Laboratory Supervisor $100.00 Laboratory Manager $120.00 Landscape Architect I $125.00 Landscape Architect II $140.00 Landscape Architect III $155.00 Landscape Architect IV $170.00 Landscape Architect V $185.00 Landscape Architect VI $195.00 Landscape Architect VII $205.00 Landscape Designer I $90.00 Landscape Designer II $110.00 Marketing Assistant $100.00 Marketing Coordinator $130.00 Marketing & Administrative Manager $220.00 Materials Technician $90.00 Materials Technician II $100.00 Lead Materials Technician $110.00 Senior Materials Technician $120.00 Materials Manager $125.00 Planner I $115.00 Planner II $140.00 Planner III $155.00 Planner IV $170.00 Planner V $185.00 Planner VI $195.00 Planner VII $205.00 Planner VIII $220.00 Planner IX $235.00 Planner X $275.00 Planning Technician $105.00 Professional Land Surveyor I $115.00 Professional Land Surveyor II $125.00 Professional Land Surveyor III $135.00 Professional Land Surveyor IV $145.00 Professional Land Surveyor V $155.00 Professional Land Surveyor VI $160.00 Professional Land Surveyor VII $170.00 Professional Land Surveyor VIII $180.00 Professional Land Surveyor IX $205.00 Professional Land Surveyor X $215.00 Professional Land Surveyor XI $240.00 Project Assistant I $110.00 Project Assistant II $125.00 Project Administrator $130.00 Project Controller $160.00 Senior Project Controller $180.00 Project Manager I $155.00 Project Manager II $170.00 Project Manager III $185.00 Project Manager IV $200.00 Project Manager V $215.00 Project Manager VI $230.00 Project Manager VII $245.00 Proposal Manager $135.00 Senior Proposal Manager $205.00 Public Involvement Assistant $110.00 Public Involvement Coordinator $150.00 Public Involvement Planner $130.00 Public Involvement Program Manager $195.00 Real Estate Services Manager $175.00 Right of Way Assistant $110.00 Right of Way Agent I $120.00 Right of Way Agent II $135.00 Right of Way Agent III $150.00 Right of Way Agent IV $165.00 Right of Way Agent V $180.00 Right of Way Agent VI $210.00 Risk Manager $195.00 Senior Manager I $235.00 Senior Manager II $255.00 Senior Manager III $265.00 Senior Manager IV $300.00 Senior Manager V $310.00 90 Montana Fee Schedule Effective July 2, 2023 Until Further Notice Description Rate Description Rate 3 | Page Senior Manager VI $330.00 Survey Technician I $85.00 Survey Technician II $90.00 Survey Technician III $95.00 Survey Technician IV $110.00 Survey Technician V $115.00 Survey Technician VI $125.00 Survey Technician VII $140.00 Survey Technician VIII $155.00 Survey Technician IX $165.00 Survey Technician-Supervisor $150.00 Systems Administrator $150.00 Technical Coordinator $175.00 Utility Operator $140.00 Water Resource Specialist $190.00 Water Rights Specialist I $145.00 Water Rights Specialist II $165.00 Water Rights Specialist III $200.00 Water Rights Technician I $100.00 Water Rights Technician II $110.00 Water Rights Technician III $120.00 Survey Crews One-Person Survey Crew = $155.00 / hour One-Person Survey Crew GPS/Robotics = $175.00 / hour Two-Person Survey Crew = $220.00 / hour Two-Person Survey Crew (PLS + LSIT) = $255.00 / hour Two-Person Survey Crew GPS/Robotics = $230.00 / hour Three-Person Survey Crew = $305.00 / hour Travel, Mileage, and Miscellaneous Lodging = Cost per night Airfare = Cost Vehicle Usage – Passenger Cars = $1.05/mile Vehicle Usage – Trucks & SUV’s = $1.25/mile Printing/Supplies/Phone/Fax/Postage = Note 3 In-House Usage Charges = Note 4 Per Diem Unless otherwise specified contractually, per diem will be billed when travel is more than 50 miles from the office during a meal allowance period of three or more consecutive hours or involves an overnight stay. The three meal allowance periods are breakfast (midnight to 10 am), lunch (10 am – 3 pm) and dinner (3 pm to midnight). Breakfast Lunch Dinner Incidentals 1st and Last Day DOD Per Diem Rate Billings $13.00 $15.00 $26.00 $5.00 $44.25 $59.00 Bozeman $18.00 $20.00 $36.00 $5.00 $59.25 $79.00 Helena $14.00 $16.00 $29.00 $5.00 $48.00 $64.00 For all other cities not listed above and meal breakdown, use the following link: https://www.gsa.gov/travel/plan-book/per-diem-rates 91 Montana Fee Schedule Effective July 2, 2023 Until Further Notice 4 | Page Notes 1. DOWL’s Professional Services Fee Schedule is subject to adjustment each year or at the end of a contract period,whichever is appropriate. Should adjustments be anticipated or required, such adjustments will not affect existingcontracts without prior agreement between Client and DOWL. 2. Straight-time rates are given. Multiply by 1.5 for overtime rates. Overtime rates will be applied at the rate prescribedby applicable state law. 3. Direct reimbursable expenses such as travel, freight, subcontractors, and request beyond those requests consideredreasonable by the Project Manager for phone/fax/postage, office supplies, reproduction and photography, andlaboratory analysis will be billed at cost plus the negotiated markup. 4.In-house equipment usage charges or specialized software/equipment that are not separately stated on the feeschedule will be negotiated at rates deemed fair and reasonable. 5. Late charges will be assessed on the unpaid balance of all accounts not paid within 30 days of the billing date, at arate of 1.0 percent per month (12% per year). 92 Attachment 3 to Exhibit A Professional Services Contract Page 1 of 5 This is Attachment 3, consisting of 5 pages, referred to in and part of the Exhibit A Task Order 01 of the 2023 Agreement between Owner and DOWL for Professional Services Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Task 5 – Construction Inspection of Exhibit A to the Agreement is supplemented to include the following agreement of the parties: 1.01 Resident Project Representative A.Engineer shall furnish a Resident Project Representative (“RPR”) to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. B.Through RPR's observations of Contractor’s work in progress and field checks of materials and equipment, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such RPR field checks or as a result of such RPR observations of Contractor’s work in progress, supervise, direct, or have control over Contractor’s Work, nor shall Engineer (including the RPR) have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor’s work in progress, or for any failure of a contractor to comply with Laws and Regulations applicable to such contractor’s performing and furnishing of its work. The Engineer (including RPR) neither guarantees the performances of any contractor nor assumes responsibility for Contractor’s failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific terms set forth in Task 4 of Exhibit A of the Agreement are applicable. C.The duties and responsibilities of the RPR are as follows: 1.General: RPR is Engineer’s representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR’s actions. RPR’s dealings in matters pertaining to the Contractor’s work in progress shall in general be with Engineer and Contractor. RPR’s dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 93 Attachment 3 to Exhibit A Professional Services Contract Page 2 of 5 2.Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3.Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 4.Liaison: a.Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the intent of the Contract Documents. b.Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c.Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5.Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6.Shop Drawings and Samples: a.Record date of receipt of Samples and approved Shop Drawings. b.Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c.Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7.Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8.Review of Work and Rejection of Defective Work: a.Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. 94 Attachment 3 to Exhibit A Professional Services Contract Page 3 of 5 b.Report to Engineer whenever RPR believes that any part of Contractor’s work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. 9.Inspections, Tests, and System Start-ups: a.Consult with Engineer in advance of scheduled inspections, tests, and systems start-ups. b.Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof. c.Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. d.Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10.Records: a.Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all change orders, field orders, work change directives, addenda, additional Drawings issued subsequent to the execution of the Construction Contract, Engineer’s clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project-related documents. b.Prepare a daily report or keep a diary or log book, recording Contractor’s hours on the Site, weather conditions, data relative to questions of change orders, field orders, work change directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c.Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. 95 Attachment 3 to Exhibit A Professional Services Contract June 2021 Page 4 of 5 d.Maintain records for use in preparing Project documentation. e.Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11.Reports: a.Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b.Draft and recommend to Engineer proposed change orders, work change directives, and field orders. Obtain backup material from Contractor. c.Furnish to Engineer and Owner copies of all inspection, test, and system start-up reports. d.Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern. 12.Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13.Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14.Completion: a.Participate in visits to the Project to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b.Participate in a final visit to the Project in the company of Engineer, Owner, and Contractor, and prepare a final list of items to be completed and deficiencies to be remedied. c.Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance. 96 Attachment 3 to Exhibit A Professional Services Contract Page 5 of 5 D.Resident Project Representative shall not: 1.Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2.Exceed limitations of Engineer’s authority as set forth in this Agreement. 3.Undertake any of the responsibilities of Contractor, Subcontractors or Suppliers. 4.Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work. 5.Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6.Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7.Accept shop drawing or sample submittals from anyone other than Contractor. 8.Authorize Owner to occupy the Project in whole or in part. 97 Professional Services Agreement – Engineering FY2024-2027 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: BY: Jeff Mihelich, City Manager (insert title of signatory) DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney 98 2023 Term Contract Update Page 1 Task Order #02 Exhibit A – Scope of Services Peach and Tamarack Stormwater Treatment Improvements Introduction The City of Bozeman (City) Stormwater Division has identified two (2) locations to install hydrodynamic stormwater treatment units. The proposed stormwater treatment units will generally be located within the East Peach Street and East Tamarack Street corridors near the intersection of North Rouse Avenue. The final location of the units will be identified in the project preliminary design phase. The stormwater treatment units are intended to improve the water quality of the collected stormwater runoff prior to discharge into Bozeman Creek. The following scope of services for the above described projects will generally consist of topographical surveys, preliminary design recommendations for locating and sizing the treatment units, development of construction documents, and construction administration services. A detailed description of engineering services is identified in the subsequent sections. It is assumed that the City of Bozeman will provide Project Management throughout the duration of the projects and will be responsible for the following tasks: Permitting (if necessary) Bidding and Contract Negotiations Hosting the Pre-bid and Pre-construction Meetings Reviewing Construction Schedules Providing Public Outreach and Coordination with Property Owners Acquiring necessary project easements Administering Recommended Change Orders and Work Change Directives Processing Applications for Payment Managing the Construction Contract and Related Disputes (as needed) Issuing Notice of Substantial and Final Project Completion Providing other Non-Technical General Construction Administration Tasks DOWL will provide the following project design and construction administration services for the proposed Projects. Scope of Services (Basic Services) The below tasks will be completed for both proposed stormwater treatment units. Task 1. Preliminary Project Design 1.Complete the following specific tasks related to the preliminary design of the Peach and Tamarack Stormwater Treatment Improvements project: a.Task 100 – Project Management, Quality Control, and Design Review Meeting(s): Perform general project management tasks, including job setup, contracting, internal quality control procedures, project planning, scheduling, and coordination calls and meetings related to Task 1. Project invoices will be delivered electronically to the City’s Project Manager monthly for processing and 99 Task Order #08, Exhibit A – Scope of Services – 2023 Term Contract Update Peach and Tamarack Stormwater Treatment Improvements Page 2 payment. Invoicing will track each project separately on the same invoice and will include services completed for the pay period, monthly charges, total spent, and amount remaining. b.Task 110 – Utility Locates and Survey: Survey base mapping will be developed for the two (2) project corridors. Services performed under this task will include requesting utility locates, survey of utilities, and topographic survey of the project vicinity. DOWL will develop and submit a utility locate request and will survey the locations of utilities within the project corridor. Rim elevation survey and measure-downs to pipe inverts will be completed to document existing pipe elevations and sizes of the stormwater, sanitary sewer and water infrastructure within the general area of the proposed treatment units. The survey will be completed in NAD83 state plane coordinates and using the vertical datum NAVD88. DOWL will notify the City of Bozeman in advance of the utility locates and survey to obtain permission to enter private property in the vicinity of the project. c.Task 120 – Preliminary Design: DOWL will complete a hydrologic model and hydraulic routing of precipitation events for the existing Peach Street and Tamarack Street stormwater collection basins. The hydrologic analyses will be based on precipitation hyetographs recently developed by DOWL for use on other City of Bozeman Stormwater Division projects. Hydraulic routing will be completed using the program Autodesk Storm and Sanitary Analysis (ASSA). The stormwater collection system ASSA model will be based on DOWL’s existing model of the stormwater system, which will be compared to the City’s GIS and record drawing information. The models for each basin will be a general analysis of basin runoff and pipe conveyance to determine the size of the water quality treatment structures for the Peach and Tamarack Street treatment units. Additionally, DOWL will recommend locations for the stormwater treatment units based on the unit size, existing stormwater piping and other utilities, and proximity to the stormwater outfall. Preliminary locations and configurations (i.e., horizontal positions, vertical locations, and treatment structure depths) will be depicted in a preliminary (approximate 30% level of design) plan and profile drawing. 2.The following project deliverables will be provided to the City for review and comment. DOWL will provide digital PDF copies of all deliverables. It is assumed that review comments will be received from the City within 14 days of receipt of each review set described below. a.Technical Memorandum of design assumptions, hydrologic modeling results, recommended location and treatment unit sizing, project exhibit(s), and a preliminary engineer’s estimate of probable construction cost. 3.Design Review Meeting: A design review meeting will be conducted after the Technical Memorandum submittals to review the project recommendations and discuss the City’s comments. It is assumed that the design review meeting will be held virtually via teleconference or Microsoft Teams. Task 2. Construction Documents 1.Complete the following specific tasks related to the design and development of the Peach and Tamarack Stormwater Treatment Improvements project construction documents: a.Task 200 – Project Management, Quality Control, and Design Review Meeting(s): Perform general project management tasks, internal quality control procedure, project planning, scheduling, and coordination calls and meetings related to Task 2. b.Task 210 – Construction Drawings: DOWL will develop construction drawings for the proposed stormwater treatment improvements, with one set of construction drawings describing and 100 Task Order #02, Exhibit A – Scope of Services – 2023 Term Contract Update Peach and Tamarack Stormwater Treatment Improvements Page 3 containing both projects. The project design and drawing will be based on Contech’s CDS treatment units. The project construction drawings will generally consist of the following: Table 1 – Preliminary Sheet Index Drawing No. Drawing Description G00 Cover Sheet G01 General Notes, Legend, Abbreviations, Survey Control C01 Existing Conditions C02-C03 Overall Project Site Improvements Map C04-C05 Stormwater Treatment and Pipelines Plan and Profile(s) D01-D02 Treatment Units and Standard Details c.Task 220 – Construction Specifications: Project specifications will be based upon the Montana Public Works Standard Specifications, Sixth Edition (April 2010) and the City of Bozeman Modifications to Montana Public Works Standard Specifications, Sixth Edition, March 21, 2011, and Addenda No. 1 through No. 3. i.Project specific conditions and construction constraints will be outlined in a separate Summary of Work to detail the work description, identify work sequence restrictions, bypass pumping operation, work schedule, etc. ii.Additionally, DOWL will provide a draft advertisement for bidding, itemized bid schedule, measurement and payment, and standalone modifications to Montana Public Works Standard Specifications as necessary. d.Task 230 – Engineers’ Estimate of Probable Construction Cost: DOWL will develop an engineers’ opinion of probable construction cost for the project to assist the City with project planning and budgeting. 2.The following project deliverables will be provided to the City for review and comment including review by legal counsel or other advisors as appropriate. DOWL will provide digital PDF copies of all deliverables unless otherwise noted below. It is assumed that review comments will be received from the City within 14 days of receipt of each review set described below. a.95% complete set of construction drawings and technical specifications, and engineer’s estimate of probable construction cost. b.Project Manual consisting of issued for construction (100%) project drawings and technical specifications necessary for bidding and construction of the proposed projects. 3.Design Review Meeting: A design review meeting will be conducted after the 95% submittal to review the project and discuss City comments. It is assumed that the design review meetings will be held virtually via teleconference or Microsoft Teams. Task 3. Assistance During Bidding and Contract Award 1.Task 300 – Assist the city in advertising for and obtaining bid proposals for the Work. a.Assist the City with bidding documents for the City to post and manage through QuestCDN. b.Assist the City in providing clarifications to Contractor questions during bidding. 101 Task Order #02, Exhibit A – Scope of Services – 2023 Term Contract Update Peach and Tamarack Stormwater Treatment Improvements Page 4 c. Assist in developing addenda as appropriate to clarify, correct, or change the bidding documents. One bid addendum is assumed following the pre-bid meeting to distribute meeting minutes and provide formal answers to any questions posed/answered at the pre-bid meeting. The city will post addendum(s) to Quest for Planholder distribution. 2.Task 310 – Assist in preparing an agenda and participate in a Pre-bid meeting to summarize the project for interested bidders and gather questions for clarifications via addendum, if needed. It is assumed that the City will be responsible for bid opening, certified bid tab, assembly of insurance, bonds, agreements, and additional documents to finalize the bidding process and award the contract. Task 4. Construction Administration Upon successful completion of the bidding, negotiating and project construction award, and upon written authorization from Owner, DOWL shall complete the following tasks: 1. Task 400 – General Administration of Construction Contract: DOWL with the City, acts as the Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified, except as Engineer may otherwise agree in writing. All of Owner’s instructions to Contractor will be issued through the Engineer, which shall have authority to act on behalf of the Owner in dealings with the Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2. Task 410 – Pre-Construction Conference: Participate in a Pre-Construction Conference prior to commencement of Work at the Site. 3. Task 420 – Shop Drawings and Samples: Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other information that Contractor is required to submit, but only for conformance with the information provided in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. a. Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by Contractor, but subject to the Additional Services provisions of Attachment 1. 4. Task 430 – Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor’s Work in progress or to involve detailed inspections of Contractor’s Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. 102 Task Order #02, Exhibit A – Scope of Services – 2023 Term Contract Update Peach and Tamarack Stormwater Treatment Improvements Page 5 b. The purpose of Engineer’s visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractor’s Work in progress, supervise, direct, or have control over Contractor’s Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor’s Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. Accordingly, DOWL neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to furnish or perform the Work in accordance with the Contract Documents. c. For the purpose of budgeting, a total of two (2) engineer site visits are assumed for each project. 5. Task 440 – Quality Assurance: It is assumed that the Contractor will complete Quality Control testing as specified and required in the project specifications. DOWL will assist the City of Bozeman in reviewing the Contractor’s quality control test results, visual leak detection and placement of flowable fill. For the purpose of budgeting, a total of 5-manhours are assumed for the completion of this task for both sites. 6. Task(s) 450 – Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that conforms to the Contract Documents, or (c) will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 7. Task(s) 450 – Clarifications, Interpretations, Field Orders: Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor’s work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue field orders authorizing minor variations in the Work from the requirements of the Contract Documents. 8. Task(s) 450 – Change Orders and Work Change Directives: Recommend change orders and work change directives to Owner, as appropriate, and prepare change orders and work change directives as required. 9. Task(s) 460 – Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Project to determine if the Work is substantially complete. If after considering any objections of Owner, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner for final processing. 10. Task(s) 460 – Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. 11. Task 460 – Post Construction Activities: 103 Task Order #02, Exhibit A – Scope of Services – 2023 Term Contract Update Peach and Tamarack Stormwater Treatment Improvements Page 6 a. Record Drawings: DOWL will develop record drawings incorporating any field changes or updates to as-recorded information. b. Post Construction Walk-through(s): DOWL, together with the City of Bozeman, will visit the Project to observe any apparent defects in the Work, assist City in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective Work, if any. c. Warranty Walk-through: DOWL, together with the City of Bozeman, will participate in a Two-Year Warranty Walk-through inspection of the Project to observe any apparent defects in the Work, assist the City in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective Work, if needed. Task 5. Construction Inspection 1. Task 500 – Resident Project Representative (RPR) a. Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth in Attachment 3. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s responsibilities or authority except as expressly set forth in Attachment3. b.Duration of Construction Phase and Timing/Number of RPRs Expected Site Visits: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractor(s). Subject to the provisions of Attachment 1, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth herein or in the Construction Contract. i. East Tamarack Street Treatment Unit: The anticipated duration of on-site activities is estimated at a maximum of 20 calendar days, RPR services are as indicated in Attachment 3. DOWL will provide RPR services for the following construction activities/milestones: 1. Meet with Contractor on-site to discuss schedule, project layout, and observe traffic control and initial excavation. (1 site visit) 2. Observe subgrade preparation and Contractor -established elevation of prepared subgrade. (1 site visit) 3. Observe placement of manhole and pipe connections prior to backfill to discuss planned backfill operations with the Contractor (1 site visit) 4. Observe backfill placement for lower lifts, up to inlet subgrade elevation (1 site visit) 5. Observe backfill placement for upper lifts around pipe connections and observe Contractor-established finished grade elevations and planned pipe restraints (1 site visit) 6. Observe installation of asphalt surfacing (1 site visit) 7. Post construction activities (1 site visit) ii. East Peach Street Treatment Unit: The anticipated duration of on-site construction activities is estimated at a maximum of 20 calendar days, RPR services are as indicated in Attachment 3. DOWL will provide RPR services for the following construction activities/milestones: 104 Task Order #02, Exhibit A – Scope of Services – 2023 Term Contract Update Peach and Tamarack Stormwater Treatment Improvements Page 7 1. Meet with Contractor on-site to discuss schedule, project layout, and observe traffic control and initial excavation. (1 site visit) 2. Observe subgrade preparation and Contractor -established elevation of prepared subgrade. (1 site visit) 3. Observe placement of manhole and pipe connections prior to backfill to discuss planned backfill operations with the Contractor (1 site visit) 4. Observe backfill placement for lower lifts, up to inlet subgrade elevation (1 site visit) 5. Observe backfill placement for upper lifts around pipe connections and observe Contractor-established finished grade elevations and planned pipe restraints (1 site visit) 6. Observe installation of asphalt surfacing (1 site visit) 7. Post construction activities (1 site visit) iii. To facilitate public communication and coordination with DOWL within a normal workday duration, it is proposed for consideration to require construction working hours from 8 A.M. to 5 P.M. c.Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. Compensation 1. Basic Services: Table 2 outlines DOWL’s estimated fee for the proposed Scope of Services. Given the variable nature of the services potentially required, it is anticipated that this task order will be managed on a Time and Materials basis. The distribution of fees between individual tasks may be altered to be consistent with the services actually rendered, but the total compensation will not be exceeded without prior written consent of the City of Bozeman. Table 2 – Task Order #02 Compensation Task Description Estimated Fee Task 1 – Preliminary Project Design $ 5,000.00 Task 2 – Project Design and Construction Documents $ 26,472.50 Task 3 – Assistance During Bidding and Contract Award $ 4,600.00 Task 4 –Construction Administration $ 16,200.00 Estimated Total Fee $ 52,272.50 2. Resident Project Representative – Standard Hourly Rates a. Owner shall pay Engineer for Resident Project Representative Basic Services as follows: i.Resident Project Representative Services: For services of Engineer’s Resident Project Representative under Task 5 of this Exhibit A, an amount equal to the cumulative hours charged to the Project by each class of Engineer’s personnel times Standard Hourly Rates for each applicable billing class at the rates set forth in Attachment 2 to this 105 Task Order #02, Exhibit A – Scope of Services – 2023 Term Contract Update Peach and Tamarack Stormwater Treatment Improvements Page 8 Exhibit A for all Resident Project Representative services performed on the Project, plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any. 1.East Tamarack Street Stormwater Treatment Unit: The total compensation under this Paragraph is estimated to be $ 5,900.00 based upon periodic RPR services at the key construction activities described above over a 20-calendar day construction schedule. 2.East Peach Street Stormwater Treatment Unit: The total compensation under this Paragraph is estimated to be $ 5,900.00 based upon periodic RPR services at the key construction activities described above over a 20-calendar day construction schedule. b.Compensation for Reimbursable Expenses: i.For those Reimbursable Expenses that are not accounted for in the compensation for Basic Services under 2.a.i. Resident Project Representative Services above, and are directly related to the provision of Resident Project Representative Basic Services, Owner shall pay Engineer at the rates set forth in Attachment 2 to this Exhibit A. 3.Additional Services – Standard Hourly Rates a.Owner shall pay Engineer for Additional Services, if any, as follows: i.For services of Engineer’s personnel engaged directly on the Project pursuant to Attachment 1, Additional Services Requiring Owner’s Written Authorization of Exhibit A, an amount equal to that separately negotiated for the Additional Services based on the nature of the required Additional Services. ii.For services of Engineer’s personnel engaged directly on the Project pursuant to Attachment 1 Additional Services Not Requiring Owner’s Written Authorization an amount equal to the cumulative hours charged to the Project by each class of Engineer’s personnel times Standard Hourly Rates for each applicable billing class, plus related Reimbursable Expenses and Engineer’s Consultant’s charges, if any. b.Other Provisions Concerning Payment of Additional Services: i.Whenever Engineer is entitled to compensation for the charges of Engineer’s Consultants, those charges shall be the amounts billed by Engineer’s Consultants to Engineer times a factor of 1.10. ii.The amounts payable to Engineer for Reimbursable Expenses, if any, will be the related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to such Additional Services, the latter multiplied by a factor of 1.10. 106 Attachment 1 to Exhibit A Professional Services Contract Page 1 of 3 This is Attachment 1, consisting of 3 pages, referred to in and part of the Exhibit A Task Order 02 of the 2023 Agreement between Owner and DOWL for Professional Services Additional Services 1.01 Additional Services Requiring Owner’s Written Authorization A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer’s control. 4. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those identified in Exhibit A Basic Services, if any. 5. Services required as a result of Owner’s providing incomplete or incorrect Project information to Engineer. 6. Providing renderings or models for Owner’s use. 7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of financial feasibility and cash flow studies, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. 107 Attachment 1 to Exhibit A Professional Services Contract Page 2 of 3 8.Furnishing services of Consultants for other than Exhibit A Basic Services. 9.Services attributable to more prime construction contracts than specified in Exhibit A, Basic Services, if any. 10.If not required as part of Basic Services defined in Exhibit A, preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 11.If not required as part of Basic Services defined in Exhibit A above, preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 12.Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. 13.Providing construction surveys and staking to enable Contractor to perform its work other than as required under Exhibit A, Basic Services, including any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 14.Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. 15.Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 16.If not required as part of Basic Services defined in Exhibit A, preparing Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor, and furnishing such Record Drawings to Owner. 17.If not required as part of Basic Services defined in Exhibit A, preparation of operation and maintenance manuals. 18.Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project. 19.Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner other than those required under Exhibit A, Basic Services. 20.If not required as part of Basic Services defined in Exhibit A, assistance in connection with the adjusting of Project equipment and systems. 21.If not required as part of Basic Services defined in Exhibit A, assistance to Owner in training Owner’s staff to operate and maintain Project equipment and systems. 108 Attachment 1 to Exhibit A Professional Services Contract Page 3 of 3 22. If not required as part of Basic Services defined in Exhibit A, assistance to Owner in developing procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related record-keeping. 23. If not required as part of Basic Services defined in Exhibit A, overtime work requiring higher than regular rates. 24. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. 1.02 Additional Services Not Requiring Owner’s Written Authorization A. Engineer shall advise Owner in advance that Engineer will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. 25. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work (advance notice not required), (2) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. 26. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. 27. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 28. Services during the Construction Phase rendered after the original date for completion of the Work referred to above. 29. Reviewing a Shop Drawing more than three times, as a result of repeated inadequate submissions by Contractor. 109 This is Attachment 2, consisting of 4 pages, referred to in and part of the Exhibit A Task Order 02 of the 2023 Agreement between Owner and DOWL for Professional Services DOWL Montana Fee Schedule 110 Montana Fee Schedule Effective July 2, 2023 Until Further Notice 1 | Page MONTANA FEE SCHEDULE Personnel Billing Rates Personnel are identified on our invoices by name and/or labor category. Description Rate Description Rate Accounting Manager $180.00 Accounting Technician $115.00 Administrative Assistant $90.00 Administrative Manager $120.00 Biologist I $125.00 Biologist II $135.00 Biologist III $145.00 Biologist IV $155.00 Biologist V $200.00 CAD Drafter I $100.00 CAD Drafter II $115.00 CAD Drafter III $125.00 CAD Drafter IV $135.00 CAD Drafter V $145.00 Senior CAD Drafter $165.00 Civil and Transportation Designer $130.00 Senior Civil and Transportation Designer $165.00 Contract Administrator I $155.00 Contract Administrator II $180.00 Corporate Development Manager $225.00 Cultural Resources Specialist I $115.00 Cultural Resources Specialist II $135.00 Cultural Resources Specialist III $140.00 Cultural Resources Specialist IV $175.00 Cultural Resources Specialist V $190.00 Document Production Supervisor $145.00 Engineer I $125.00 Engineer II $135.00 Engineer III $150.00 Engineer IV $170.00 Engineer V $190.00 Engineer VI $200.00 Engineer VII $210.00 Engineer VIII $220.00 Engineer IX $245.00 Engineer X $260.00 Engineering Technician I $95.00 Engineering Technician II $110.00 Engineering Technician III $120.00 Engineering Technician IV $135.00 Engineering Technician V $150.00 Engineering Technician VI $170.00 Environmental Specialist I $115.00 Environmental Specialist II $130.00 Environmental Specialist III $135.00 Environmental Specialist IV $145.00 Environmental Specialist V $150.00 Environmental Specialist VI $185.00 Environmental Specialist VII $205.00 Environmental Specialist VIII $220.00 Environmental Specialist IX $240.00 Environmental Specialist X $260.00 Field Project Representative I $110.00 Field Project Representative II $120.00 Field Project Representative III $150.00 Field Project Representative IV $165.00 Geologist I $130.00 Geologist II $140.00 Geologist III $150.00 Geologist IV $170.00 Geologist V $200.00 GIS Technician $100.00 GIS Specialist $120.00 GIS Coordinator $170.00 GIS Manager $175.00 Graphics Designer $125.00 Senior Graphics Designer $160.00 Hydrogeologist I $135.00 111 Montana Fee Schedule Effective July 2, 2023 Until Further Notice Description Rate Description Rate 2 | Page Hydrogeologist II $160.00 Hydrogeologist III $190.00 Senior Hydrogeologist $220.00 Intern I $80.00 Intern II $100.00 Laboratory Supervisor $100.00 Laboratory Manager $120.00 Landscape Architect I $125.00 Landscape Architect II $140.00 Landscape Architect III $155.00 Landscape Architect IV $170.00 Landscape Architect V $185.00 Landscape Architect VI $195.00 Landscape Architect VII $205.00 Landscape Designer I $90.00 Landscape Designer II $110.00 Marketing Assistant $100.00 Marketing Coordinator $130.00 Marketing & Administrative Manager $220.00 Materials Technician $90.00 Materials Technician II $100.00 Lead Materials Technician $110.00 Senior Materials Technician $120.00 Materials Manager $125.00 Planner I $115.00 Planner II $140.00 Planner III $155.00 Planner IV $170.00 Planner V $185.00 Planner VI $195.00 Planner VII $205.00 Planner VIII $220.00 Planner IX $235.00 Planner X $275.00 Planning Technician $105.00 Professional Land Surveyor I $115.00 Professional Land Surveyor II $125.00 Professional Land Surveyor III $135.00 Professional Land Surveyor IV $145.00 Professional Land Surveyor V $155.00 Professional Land Surveyor VI $160.00 Professional Land Surveyor VII $170.00 Professional Land Surveyor VIII $180.00 Professional Land Surveyor IX $205.00 Professional Land Surveyor X $215.00 Professional Land Surveyor XI $240.00 Project Assistant I $110.00 Project Assistant II $125.00 Project Administrator $130.00 Project Controller $160.00 Senior Project Controller $180.00 Project Manager I $155.00 Project Manager II $170.00 Project Manager III $185.00 Project Manager IV $200.00 Project Manager V $215.00 Project Manager VI $230.00 Project Manager VII $245.00 Proposal Manager $135.00 Senior Proposal Manager $205.00 Public Involvement Assistant $110.00 Public Involvement Coordinator $150.00 Public Involvement Planner $130.00 Public Involvement Program Manager $195.00 Real Estate Services Manager $175.00 Right of Way Assistant $110.00 Right of Way Agent I $120.00 Right of Way Agent II $135.00 Right of Way Agent III $150.00 Right of Way Agent IV $165.00 Right of Way Agent V $180.00 Right of Way Agent VI $210.00 Risk Manager $195.00 Senior Manager I $235.00 Senior Manager II $255.00 Senior Manager III $265.00 Senior Manager IV $300.00 Senior Manager V $310.00 112 Montana Fee Schedule Effective July 2, 2023 Until Further Notice Description Rate Description Rate 3 | Page Senior Manager VI $330.00 Survey Technician I $85.00 Survey Technician II $90.00 Survey Technician III $95.00 Survey Technician IV $110.00 Survey Technician V $115.00 Survey Technician VI $125.00 Survey Technician VII $140.00 Survey Technician VIII $155.00 Survey Technician IX $165.00 Survey Technician-Supervisor $150.00 Systems Administrator $150.00 Technical Coordinator $175.00 Utility Operator $140.00 Water Resource Specialist $190.00 Water Rights Specialist I $145.00 Water Rights Specialist II $165.00 Water Rights Specialist III $200.00 Water Rights Technician I $100.00 Water Rights Technician II $110.00 Water Rights Technician III $120.00 Survey Crews One-Person Survey Crew = $155.00 / hour One-Person Survey Crew GPS/Robotics = $175.00 / hour Two-Person Survey Crew = $220.00 / hour Two-Person Survey Crew (PLS + LSIT) = $255.00 / hour Two-Person Survey Crew GPS/Robotics = $230.00 / hour Three-Person Survey Crew = $305.00 / hour Travel, Mileage, and Miscellaneous Lodging = Cost per night Airfare = Cost Vehicle Usage – Passenger Cars = $1.05/mile Vehicle Usage – Trucks & SUV’s = $1.25/mile Printing/Supplies/Phone/Fax/Postage = Note 3 In-House Usage Charges = Note 4 Per Diem Unless otherwise specified contractually, per diem will be billed when travel is more than 50 miles from the office during a meal allowance period of three or more consecutive hours or involves an overnight stay. The three meal allowance periods are breakfast (midnight to 10 am), lunch (10 am – 3 pm) and dinner (3 pm to midnight). Breakfast Lunch Dinner Incidentals 1st and Last Day DOD Per Diem Rate Billings $13.00 $15.00 $26.00 $5.00 $44.25 $59.00 Bozeman $18.00 $20.00 $36.00 $5.00 $59.25 $79.00 Helena $14.00 $16.00 $29.00 $5.00 $48.00 $64.00 For all other cities not listed above and meal breakdown, use the following link: https://www.gsa.gov/travel/plan-book/per-diem-rates 113 Montana Fee Schedule Effective July 2, 2023 Until Further Notice 4 | Page Notes 1. DOWL’s Professional Services Fee Schedule is subject to adjustment each year or at the end of a contract period,whichever is appropriate. Should adjustments be anticipated or required, such adjustments will not affect existingcontracts without prior agreement between Client and DOWL. 2. Straight-time rates are given. Multiply by 1.5 for overtime rates. Overtime rates will be applied at the rate prescribedby applicable state law. 3. Direct reimbursable expenses such as travel, freight, subcontractors, and request beyond those requests consideredreasonable by the Project Manager for phone/fax/postage, office supplies, reproduction and photography, andlaboratory analysis will be billed at cost plus the negotiated markup. 4.In-house equipment usage charges or specialized software/equipment that are not separately stated on the feeschedule will be negotiated at rates deemed fair and reasonable. 5. Late charges will be assessed on the unpaid balance of all accounts not paid within 30 days of the billing date, at arate of 1.0 percent per month (12% per year). 114 Attachment 3 to Exhibit A Professional Services Contract Page 1 of 5 This is Attachment 3, consisting of 5 pages, referred to in and part of the Exhibit A Task Order 02 of the 2023 Agreement between Owner and DOWL for Professional Services Duties, Responsibilities, and Limitations of Authority of Resident Project Representative Task 5 – Construction Inspection of Exhibit A to the Agreement is supplemented to include the following agreement of the parties: 1.01 Resident Project Representative A. Engineer shall furnish a Resident Project Representative (“RPR”) to assist Engineer in observing progress and quality of the Work. The RPR may provide full time representation or may provide representation to a lesser degree. B. Through RPR's observations of Contractor’s work in progress and field checks of materials and equipment, Engineer shall endeavor to provide further protection for Owner against defects and deficiencies in the Work. However, Engineer shall not, during such RPR field checks or as a result of such RPR observations of Contractor’s work in progress, supervise, direct, or have control over Contractor’s Work, nor shall Engineer (including the RPR) have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, for security or safety at the Site, for safety precautions and programs incident to any contractor’s work in progress, or for any failure of a contractor to comply with Laws and Regulations applicable to such contractor’s performing and furnishing of its work. The Engineer (including RPR) neither guarantees the performances of any contractor nor assumes responsibility for Contractor’s failure to furnish and perform the Work in accordance with the Contract Documents. In addition, the specific terms set forth in Task 4 of Exhibit A of the Agreement are applicable. C. The duties and responsibilities of the RPR are as follows: 1.General: RPR is Engineer’s representative at the Site, will act as directed by and under the supervision of Engineer, and will confer with Engineer regarding RPR’s actions. RPR’s dealings in matters pertaining to the Contractor’s work in progress shall in general be with Engineer and Contractor. RPR’s dealings with Subcontractors shall only be through or with the full knowledge and approval of Contractor. RPR shall generally communicate with Owner only with the knowledge of and under the direction of Engineer. 115 Attachment 3 to Exhibit A Professional Services Contract Page 2 of 5 2.Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals, and schedule of values prepared by Contractor and consult with Engineer concerning acceptability. 3.Conferences and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 4.Liaison: a. Serve as Engineer’s liaison with Contractor. Working principally through Contractor’s authorized representative or designee, assist in providing information regarding the intent of the Contract Documents. b. Assist Engineer in serving as Owner’s liaison with Contractor when Contractor’s operations affect Owner’s on-Site operations. c. Assist in obtaining from Owner additional details or information, when required for proper execution of the Work. 5.Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. 6.Shop Drawings and Samples: a. Record date of receipt of Samples and approved Shop Drawings. b. Receive Samples which are furnished at the Site by Contractor, and notify Engineer of availability of Samples for examination. c. Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or Sample submittal for which RPR believes that the submittal has not been approved by Engineer. 7. Modifications: Consider and evaluate Contractor’s suggestions for modifications in Drawings or Specifications and report such suggestions, together with RPR’s recommendations, to Engineer. Transmit to Contractor in writing decisions as issued by Engineer. 8.Review of Work and Rejection of Defective Work: a. Conduct on-Site observations of Contractor’s work in progress to assist Engineer in determining if the Work is in general proceeding in accordance with the Contract Documents. 116 Attachment 3 to Exhibit A Professional Services Contract Page 3 of 5 b. Report to Engineer whenever RPR believes that any part of Contractor’s work in progress will not produce a completed Project that conforms generally to the Contract Documents or will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer of that part of work in progress that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection, or approval. 9.Inspections, Tests, and System Start-ups: a. Consult with Engineer in advance of scheduled inspections, tests, and systems start-ups. b. Verify that tests, equipment, and systems start-ups and operating and maintenance training are conducted in the presence of appropriate Owner’s personnel, and that Contractor maintains adequate records thereof. c. Observe, record, and report to Engineer appropriate details relative to the test procedures and systems start-ups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections, and report to Engineer. 10.Records: a. Maintain at the Site orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all change orders, field orders, work change directives, addenda, additional Drawings issued subsequent to the execution of the Construction Contract, Engineer’s clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project-related documents. b. Prepare a daily report or keep a diary or log book, recording Contractor’s hours on the Site, weather conditions, data relative to questions of change orders, field orders, work change directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. c. Record names, addresses, fax numbers, e-mail addresses, web site locations, and telephone numbers of all Contractors, Subcontractors, and major Suppliers of materials and equipment. 117 Attachment 3 to Exhibit A Professional Services Contract Page 4 of 5 d. Maintain records for use in preparing Project documentation. e. Upon completion of the Work, furnish original set of all RPR Project documentation to Engineer. 11.Reports: a. Furnish to Engineer periodic reports as required of progress of the Work and of Contractor’s compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. b. Draft and recommend to Engineer proposed change orders, work change directives, and field orders. Obtain backup material from Contractor. c. Furnish to Engineer and Owner copies of all inspection, test, and system start-up reports. d. Immediately notify Engineer of the occurrence of any Site accidents, emergencies, acts of God endangering the Work, damage to property by fire or other causes, or the discovery of any Constituent of Concern. 12.Payment Requests: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to Engineer, noting particularly the relationship of the payment requested to the schedule of values, Work completed, and materials and equipment delivered at the Site but not incorporated in the Work. 13.Certificates, Operation and Maintenance Manuals: During the course of the Work, verify that materials and equipment certificates, operation and maintenance manuals and other data required by the Contract Documents to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have these documents delivered to Engineer for review and forwarding to Owner prior to payment for that part of the Work. 14.Completion: a. Participate in visits to the Project to determine Substantial Completion, assist in the determination of Substantial Completion and the preparation of lists of items to be completed or corrected. b. Participate in a final visit to the Project in the company of Engineer, Owner, and Contractor, and prepare a final list of items to be completed and deficiencies to be remedied. c. Observe whether all items on the final list have been completed or corrected and make recommendations to Engineer concerning acceptance. 118 Attachment 3 to Exhibit A Professional Services Contract Page 5 of 5 D.Resident Project Representative shall not: 1.Authorize any deviation from the Contract Documents or substitution of materials or equipment (including “or-equal” items). 2.Exceed limitations of Engineer’s authority as set forth in this Agreement. 3.Undertake any of the responsibilities of Contractor, Subcontractors or Suppliers. 4.Advise on, issue directions relative to, or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work. 5.Advise on, issue directions regarding, or assume control over security or safety practices, precautions, and programs in connection with the activities or operations of Owner or Contractor. 6.Participate in specialized field or laboratory tests or inspections conducted off-site by others except as specifically authorized by Engineer. 7.Accept shop drawing or sample submittals from anyone other than Contractor. 8.Authorize Owner to occupy the Project in whole or in part. 119 Professional Services Agreement – Engineering FY2024-2027 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: BY: Jeff Mihelich, City Manager (insert title of signatory) DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney 120 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order NE23-001 with Sanderson Stewart for a Depot Trail Property Boundary and Fence MEETING DATE:September 19, 2023 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a task order NE23-001 with Sanderson Stewart for a Depot Trail property boundary and fence. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Due to continued encroachments into the Depot Trail and its right-of-way, the Northeast Urban Renewal Board determined fencing along the right-of- way line is needed. On March 16, 2023 the Northeast Urban Renewal Board participated in an fiscal year (FY) 2024 budget work session. During the work session, the Board recommended fencing along the west side of Depot Trail to the be included in the FY24 Northeast Urban Renewal District budget and work plan. The Board failed to reach a quorum for a final recommendation of the FY24 budget to the City Commission. On July 11, 2023 the City Commission adopted the budget and work plan for the Northeast Urban Renewal District that included fencing along the west side of Depot Trail. The attached task order issued under the authority of the Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architecture and Engineering Services includes project management and construction, a boundary survey of the trail, and fence design. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:Compensation for the task order is on a time and materials basis not to exceed $4,000. The project is budgeted for in the Northeast Urban Renewal 121 District workplan and budget. Attachments: URD Task Order NE23-001_Depot Trail Boundary FINAL.pdf Report compiled on: September 1, 2023 122 City of Bozeman Urban Renewal District Term Contract Task Order Number #NE23-001 PROJECT: Depot Trail Property Boundary & Fence Issued under the authority of Urban Renewal District Term Contract Professional Services Agreement with Sanderson Stewart for Architectural and Engineering Services. This Task Order is dated September 1, 2023 between the City of Bozeman Northeast Urban Renewal District (URD) and Sanderson Stewart (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Jesse DiTommaso, Economic Development Specialist Contractor: Chris Naumann, Sanderson Stewart SCOPE OF WORK: The scope for this task order is detailed in the attached City of Bozeman Urban Renewal District Scope of Work – Task Order Number NE23-001. COMPENSATION: Sanderson Stewart will bill for its services on a lump sum basis with a project total of $4,000.00. Sanderson Stewart shall submit invoices to the City of Bozeman 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 (provided on a lump sum basis) accomplished during the invoicing period. 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 Chris Naumann, Associate 123 Northeast Urban Renewal District Depot Trail Boundary Survey & Fence Design Task Order No. NE23-001 9/1/23 Sanderson Stewart is pleased to provide this scope of work to survey the Depot Trail property boundary and design a delineating fence in the Northeast Urban Renewal District. This work is to be done as a part of the Urban Renewal District term contract for architectural and engineering services. The consultant team for this project includes Sanderson Stewart to perform the tasks identified below. Scope of Work Task 1 - Project Management and Coordination This phase of the project will include task order scoping, project initiation, and general project management. PM and coordination work will include communications and meetings with the City, internal work coordination, weekly project status reports, and monthly invoicing. Task 2 – Boundary Survey This task of the project will include surveying and staking the approximate property boundary between the Depot Trail right of way and the private parcels described below. The plat of record for these properties is from 1883, therefore property corner monuments might not exist or be unable to be found. The common boundary is approximately 400 feet in length. This work will be certified by a Montana licensed Professional Land Surveyor. Parcel A Legal Description: NORTHERN PACIFIC ADD, S06, T02 S, R06 E, BLOCK 103, Lot 5 – 7 Parcel B Legal Description: NORTHERN PACIFIC ADD, S06, T02 S, R06 E, BLOCK 103, Lot 1-4 & - 8-13, PLAT C23-A37 The figure included below illustrates the subject property boundary. Task 3 – Fence Design This task of the project will include creating a concept design with code-compliant precedent images for a fence to delineate the common property boundary between the Depot Trail right of way and the adjacent private parcels. The type of fencing will be determined by the City of 124 Bozeman and potentially installed in the future. This work will be reviewed by a Montana licensed Landscape Architect. Figure 1: Subject properties and boundary Fees and Billing Arrangements: Task Fee 1. Project Management and Coordination $ 900 2. Boundary Survey & Staking $ 1,750 3. Fence Design $ 1,350 Total Project $ 4,000 Sanderson Stewart will bill for its services on a lump sum basis by phase with a project total of $4,000.00. 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 (provided on a lump sum basis) accomplished during the invoicing period. 125 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Resolution 5535, Authorizing the City Manager to Sign Prime Change Order 2 and Guaranteed Maximum Price Amendment 4 with Martel Construction, Inc. for the Construction of the Fire Station 2 Relocation Project MEETING DATE:September 19, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5535, authorizing prime change order #2 and guaranteed maximum price amendment #4 with Martel Construction, Inc., for construction of the Fire Station #2 relocation project STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On June 27, 2023 the City Commission approved Guaranteed Maximum Price Amendment #3 for the construction of the Fire Station #2 Relocation Project as a part of the General Construction / Construction Manager Agreement. This amendment contains provisions for altering the conditions of the agreement as authorized by the owner (City) resulting in an increase of $38,719 to the overall Guaranteed Maximum Price. Changes that will be addressed with this amendment include a number of modifications to the project as described in the attached Prime Change Order #2 document. While every reasonable attempt was made to include everything in the original project plans and specs, projects of this size and complexity require changes during construction. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The changes included in this request result in an increase of $38,719 to the overall Guaranteed Maximum Price to be covered using owner's contingency within the existing project budget as authorized by the City Commission. Attachments: Resolution 5535.pdf Prime Change Order #2.pdf Bozeman Fire Station #2 - Guaranteed Maximum Price Amendment No. 4.pdf 126 Report compiled on: September 7, 2023 127 Version April 2020 RESOLUTION 5535 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS, the City Commission did, on June 27, 2023, authorize Guaranteed Maximum Price (GMP) Amendment #3 for relocation and construction of Fire Station #2 with Martel Construction, Inc.; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations and modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alternates to GMP Amendment #4 for Construction of Fire Station #2, as contained in Prime Change Order #2, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature., to wit: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 19th day of September 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 128 Version April 2020 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 129 July 20, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 006 Pricing Request No.PR 004 PROJECT: Bozeman Fire Station # 2 SUBJECT: Wash Bay & Decon Plywood plus Marker Boards REFERENCE: Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:549.00$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 130 Martel ConstructionSpreadsheet ReportPage 1BFS2 COR 003 - Site Construction Subcontract - Full Scope Review & Reconciliation6/28/2023 3:21 PMGroupDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount06-0000WOOD & PLASTICS1Wood Panel Sheathing21/2" Plywood Wall Sheathing- Decon Cleaning121 East wall only144.00sf21875---29331/2" Plywood Wall Sheathing - Decon Cleaningother side of wall144.00sf21875---2934 Wood Panel Sheathing437150587 WOOD & PLASTICS43715058710-0000SPECIALTIES5Visual Display Boards6Marker Boards Delete 4x8 in Rm 103(1.00)ea(97)(275)---(372)7Marker Boards Add 4x4 MB1.00ea97197---2948 Visual Display Boards(78)(78) SPECIALTIES(78)(78)Estimate TotalsDescriptionAmountTotalsHoursRateLabor4379.000hrsMaterial72SubcontractEquipmentOther509509General Liability Insurance50.890%Gross Receipts Tax51.000%Bond40.750%Construction Fee265.000%40549Total549131 DATE: 06/23/2023 SUBJECT: Bozeman Fire Hall #2 LOCATION: Bozeman, MT. ADDENDUMS: 1, 2 PROJECT BID DATE: 02/14/2023 We Are Pleased To Provide The Following Quote: 101100 Visual Display Units Changes to Marker Boards per Martel 1 4’ H x 8’ W Marker Boards ASI DEDUCT: <$275.00> 1 4’ H x 4’ W Marker Boards ASI ADD: $197.00 CREDIT OF: <$78.00> Qualifications: • Contractor to verify all quantities. Pricing subject to change. • 101100: Visual Display Boards o Porcelain Enamel Markerboards, pre-framed aluminum frame o 1” Map rail • SUPPLY ONLY, NO INSTALL • THIS QUOTE IS GOOD FOR 30 DAYS. PRICING SUBJECT TO REVIEW EVERY 30 DAYS UNTIL MATERIAL IS ORDERED BY MONTANA DOORWAYS PLUS DUE TO MARKET CONDITIONS. • FOB: FULL FREIGHT ALLOWED TO THE NEAREST SHIPPING POINT • IF APPLICABLE, QUOTE DOES NOT INCLUDE SALES TAX SINCERELY, Cole Mclaughlin Estimator Division 10 132 S S S S S S S S S S S S S S S S S S 2 2 3 3 BB C C 4 4 5 5 1.B 1.B 8 8 10 10 F GG 6 6 9 9 E E AA 7 7 6.8 B.8 B.8 1 A3.1 1 A3.1 1 A3.3 1 A3.3 2 A3.2 2 A3.2 2 A3.3 2 A3.3 1 A3.4 1 A3.4 2 A3.4 2 A3.4 2 A3.1 2 A3.1 1 A3.2 1 A3.2 2 A3.0 2 A3.0 1 A3.0 1 A3.0 1.A 9.2 DD A.9 DINING/KITCHEN 119 CORRIDOR 117 AIR LOCK 120 DECON/ CLEANING 121 LAUNDRY / CUST 115 SLEEPING ROOM 110 SLEEPING ROOM 109 SLEEPING ROOM 108 SLEEPING ROOM 107 SLEEPING ROOM 106 SLEEPING ROOM 105CORRIDOR104TOILET / SHOWER 114 TOILET / SHOWER 113 TOILET / SHOWER 112 BUNKER GEAR 123 EMS STORAGE 124 TOILET/ SHOWER 122 CAPTAIN 125 STAIR 1 111 CORRIDOR 103 AIR LOCK 126 RESTROOM 102 FF WORK AREA 127 LOBBY 101 VEST 100 APPARATUS BAY 128 TOILET / SHOWER 138 OFFICE 139 CORR. 137 PHYSICAL FITNESS 136 STAIR 2 135 SHOP 134 SCBA 133 FILL 132 ELECT 131 CORR 129 WATER 130 VEST 116 9' - 8" APC-2 9' - 8" APC-2 9' - 8" APC-2 9' - 8" APC-2 9' - 8" APC-2 9' - 8" APC-2 9' - 8" GWB-P 9' - 8" APC-1 9' - 8" GWB-P 10' - 0" GWB-P 9' - 8" APC-1 9' - 8"APC-19' - 0" APC-2 9' - 0" GWB-P 9' - 0" GWB-P 9' - 0" GWB-P 9' - 8" APC-1 9' - 0" GWB-P 9' - 0" GWB-P 9' - 0" APC-2 9' - 8" APC-2 9' - 0" GWB-P 9' - 8" GWB-P OPEN TO ABOVE OPEN TO ABOVE 9' - 0" GWB-P 9' - 0" GWB-P DAYROOM 118 9' - 8" GWB-P 9' - 0" GWB-P 16' - 0" APC-117' - 0"GWB-P17' - 0" GWB-P 16' - 0"GWB-P9' - 0" GWB-P 9' - 0" GWB-P PRE-FINISHED METAL SOFFIT PRE-FINISHED METAL SOFFIT WT-2 TYP AT SLEEPING ROOMS WT-1 WT-1 WT-1 WT-1 WT-1 WT-1 WT-1 WT-1 WT-1 2' - 1"2' - 1" 1' - 3" 13' - 5 3/8" EQ EQ 8' - 0" 8' - 0"EQ 7' - 0" 7' - 0" EQ 8' - 0" GWB-P 2 A3.8 9' - 0"GWB-P7' - 0" 2' - 5"4' - 6"5' - 0"4' - 6"(2) LAYERS OF GWB @ UNDERSIDE OF STRUCTURE 1 HR. RATING 9' - 4" GWB-P EQ EQ 3' - 6" EQ EQ 5' - 0" 5' - 0" GYP. HEADER @ 9'-8" GWB-P UNDERSIDE OF STRUCTURE (2) LAYERS OF GWB @ UNDERSIDE OF STRUCTURE 1 HR. RATING GWB-P GWB-P UNDERSIDE OF STRUCTURE GWB-P UNDERSIDE OF STRUCTURE GWB-P UNDERSIDE OF STRUCTURE GWB-P GYP. HEADER @ 9'-0" EQ EQ 2' - 0"5' - 6"EQ EQEQEQ EQ EQEQEQ4' - 0" 5' - 0" 5' - 0"3' - 0"EQ EQ 3' - 0"EQEQEQEQ3' - 0"EQEQ3' - 0"EQEQ4' - 0" 6' - 0"EQEQEQ EQ4' - 6"GYP. HEADER @ 9'-8" EQ EQ3' - 2 1/8"EQEQGWB-P UNDERSIDE OF STRUCTURE WT-1 UNDERSIDE OF STRUCTURE GWB-P SAP-1 SAP-1 PNT-1 PNT-1 UNDERSIDE OF STRUCTURE GWB-P 3" PVC PATHWAY COORDINATE WITH DETERGENT VENDOR/DISPENSERS 3 A3.9 BOTTOM OF LIGHT FIXTURE AT 9'-4" AFF - TYP 9' - 0" GWB-P EQ EQ EQ.6' - 0"EQ.UNDERSIDE OF STRUCTURE GWB-P 9' - 8" APC-2 ASI 03 WILLIAM A. HANSON 1898 FOETATS MONT A N AEMANZOB TA N ANOM A R C H ITECTDES NECIL COPYRIGHT 2023 5/15/2023 3:57:29 PMISSUE FOR BID 16 JAN 23 2105CITY OF BOZEMANFIRE STATION 2575 WEST KAGY BLVD, BOZEMAN, MONTANA 59715FIRST FLOOR REFLECTED CEILINGPLAN1/8" = 1'-0"A1.3 1 FIRST FLOOR RCP NORTH ISSUE DATE DESCRIP. 15 MAY 23 ASI 03 A1.3 133 June 21, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 010 Pricing Request No.ASI 004 PROJECT: Bozeman Fire Station # 2 SUBJECT:ASI 004 MSU Fiber & RAP & Concrete footings REFERENCE: Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:$3,118.00 We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 134 Martel Construction Spreadsheet Report Page 1 BFS2 COR 003 - Site Construction Subcontract - Full Scope Review & Reconciliation 6/21/2023 11:59 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 03-0000 CONCRETE1 Form Footings2 Form Footings 18.16 sf 73 15 --883 Form Footings 73 15 88 Place Footings4 Place Footings Grid 2-3 on C line 4.35 cy 106 522 ---6285 Place Footings Grid 2-3 on C line (2.17)cy (53)(260)---(313)6 Place Footings Add Footing 9.2 on B.8 line 0.35 cy 8 42 ---507 Place Footings Add Footing 10 on B.8 line 0.26 cy 6 31 ---388 Place Footings 68 335 403 CONCRETE 141 350 491 31-0000 EARTHWORK9 Soil Treatment10 Ramed Aggergate Piers Added 6.00 ea --2,400 --2,40011 Soil Treatment 2,400 2,400 EARTHWORK 2,400 2,400 Estimate Totals Description Amount Totals Hours Rate Labor 141 2.910 hrs Material 350 Subcontract 2,400 Equipment Other 2,891 2,891 General Liability Insurance 28 0.890 % Gross Receipts Tax 29 1.000 % Bond 22 0.750 % Construction Fee 148 5.000 % 227 3,118 Total 3,118 135 AREA B -S1.2AREA B -S1.23 S4.1 S4.0 3 6" SLAB ON GRADE TRENCH DRAIN, TYP 6 S4.1 TYP @ GARAGE DOOR TYP @ AREA A EXTERIOR WALL 6 S4.1 TYP @ GARAGE DOOR TOSL= 99' - 10" TYP 2 S4.2 3 S4.2 4 S4.2 1 S4.2 1 S4.2 1 S4.2 5 S4.2 S4.0 3 4" SLAB ON GRADE 12M-1 WF-3 99' -4" TYP @ INTERIOR CMU WALL C3 F2 96' -6" C2 C2 C2 WF-2 100' -0" TYP @ INTERIOR 2X WALL TYP. OF 4 12M-1 12M-1 WF-3 99' -4" 12M-1 12M-1 C3 8COMPRESSER SLAB S4.1 7 TYP. OF 4 6 S4.2 CL TRENCH CL TRENCH CL TRENCH CL FTG.6' - 8"3"CL FTG. WF-3 99' -4"7' - 11 1/2"30' - 2 1/4"CL FTG. CL FTG. CL FTG. CL FTG. WF-2 100' -0" WF-2 100' -0" 2 3 B C 4 51.B F G E B.1 B.2 B.8 1.A D A.9 3' - 0"18' - 0"21' - 0"18' - 0"21' - 0"1' - 0"2' - 0"3' - 8"3' - 4"7' - 0"59' - 8"4' - 0"5' - 4"2' - 0"81' - 0"88' - 0"9' - 9 1/2"9' - 0"9' - 0" 9' - 0"3"S4.1 2 FTG. INTERSECTION, TYP. C1 WF-6 96' -6" WF-3 96' -6" 1 ASI #4 AREA A AREA B KEYPLAN LEGEND CAST-IN-PLACE CONC. FDN., SEE SCHEDULE- P#.# CONCRETE PIER, SEE SCHEDULE 1i#C CONCRETE WALLS, SEE WALL SCHEDULE - WF-# MASONRY SHEARWALL/BEARING WALL, SEE STRUCT. SECTIONS- 1i#M-#NEW MASONRY SHEAR WALLS, SEE WALL SCHEDULE IN DTL. - SPREAD FOOTING MARK, SEE FOOTING SCHEDULE IN DTL. F#.# COL. BP-#STRUCTURAL COLUMN, SEE PLAN COL. BASE PLATE MARK, SEE BASE PLATE SCHEDULE WOOD SHEAR WALLS, SEE STRUCT. SECTIONS- - HOLD DOWN, SEE HOLD DOWN SCHEDULE - SIP SPAN DIRECTION - SHEARWALL, SEE SHEARWALL SCHEDULE 1iS# KEYNOTES 1 SEE ARCH. AND SITE/CIVIL FOR ALL EXTERIOR, NON-STRUCTURAL CONCRETE. 2 VERTICAL FOOTING AND FOUNDATION WALL CONSTRUCTION JOINTS ARE NOT SHOWN. WHERE REQUIRED BY CONTRACTOR, PROVIDE JOINT PER DTL. 7/S4.0. 3 COORDINATE ALL OPENINGS IN FOUNDATION WALLS WITH ARCH., MECH., ELECT., AND PLUMBING. PROVIDE ADDITIONAL REINFORCEMENT AT OPENINGS AS REQUIRED PER DTL. 8/S-4.0. 4 LOCATIONS OF SCJ'S ARE NOT SHOWN. CONTRACTOR SHALL SUBMIT A DETAILED LAYOUT OF PROPOSED JOINT LOCATIONS A MIN. OF (7) DAYS PRIOR TO SLAB PLACEMENT FOR REVIEW AND APPROVAL. SEE DETAIL 6/S4.0 FOR SLAB CONTRACTION JOINT REQUIREMENTS. 5 NON-BEARING WALLS, WINDOW AND DOOR OPENINGS, AND OTHER INTERIOR PARTITION WALLS ARE SHOWN FOR INFORMATION ONLY. SEE ARCHITECTURAL FOR DIMENSIONS, LOCATIONS, AND SIZES OF THESE ELEMENTS. 6 PROVIDE REINFORCEMENT AT FOUNDATION WALL CORNERS AND FOOTING CORNERS PER DETAIL 1,2/S4.0. 7 FLOOR DRAINS ARE NOT SHOWN FOR CLARITY. SEE PLUMBING DRAWINGS FOR FLOOR DRAIN REQUIREMENTS. SEE DETAIL 3/S4.0FOR SLAB REQUIREMENTS AT FLOOR DRAINS. 8 AT COMPRESSOR PROVIDE 8" THICK SLAB REINFORCED WITH #5 @ 12" O.C., EACH WAY, CENTERED IN SLAB. ISOLATE SLAB FROM TYPICAL 4" SLAB WITH 1/2" PJF ALL FOUR SIDES. COORDINATE SIZE W/ MANUFACTURER. 9 BLOCKOUT TOP OF FOUNDATION WALL AT DOOR OPENING. SEE DETAIL 6/S-401. 10 SEE DETAIL 8/S5.0 FOR REINFORCEMENT AT MASONRY WALL CORNERS AND INTERSECTIONS. 11 INTERIOR AND EXTERIOR MASONRY CONTROL JOINTS NOT SHOWN FOR CLARITY. COORDINATE LOCATION OF JOINTS WITH ARCHITECTURAL DRAWINGS. SEE DETAIL 3/S5.0 FOR REQUIREMENTS. 12 SEE DETAIL 4/S5.0FOR MASONRY WALL REQUIREMENTS AT INTERSECTION WITH HSS COLUMNS. 13 MASONRY HEADER AND JAMB REQUIREMENTS PER DETAIL 7/S5.0 14 FOOTING INTERSECTION TO FDN. WALL, PER DETAIL 2/S4.1 15 TRENCH DRAIN PER DETAIL 4/S4.1. SEE ARCH FOR LOCATION AND EXTENTS. 16 @ AT STAIR STRINGER BEARING THICKEN SLAB TO 8" THICK x 2'-0" WIDE WITH #4 @ 9" O.C., CTRD. IN SLAB. 17 MASONRY HEADER AND JAMB REQUIREMENTS ABOVE ALL MECHANICAL HVAC OPENINGS PER DETAIL 6/S5.0. 18 OPEN WEB STEEL JOIST BRIDGING SHOWN FOR REFERENCE ONLY. COORDINATE LOCATION AND NUMBER OF BRIDGING BAYS WITH MANUFACTURER. 19 AT EXTRACTOR PROVIDE 8" THICK SLAB REINFORCED WITH #5 @ 12" O.C., EACH WAY, CENTERED IN SLAB. ISOLATE SLAB FROM TYPICAL 4" SLAB WITH 1/2" PJF ALL FOUR SIDES. COORDINATE SIZE WITH MANUFACTURER. 20 PROVIDE BLOCKOUT IN SLAB FOR BATHROOM DRAINS. MAINTAIN 4" MINIMUM SLAB THICKNESS. COORDINATE SIZE WITH MANUFACTURER. SEE ARCHITECTURAL FOR ALL LOCATIONS. 21 RIDGE PLATE PER MANUFACTURER. PROVIDE TYPICAL MINIMUM EDGE METAL DECK ATTACHMENT. TNMO AAN SERPOFS GNDR MENUEZ NATE J. No.15739 PE A T N IGSI E O L EREE ERIENCOPYRIGHT 2023 5/25/2023 10:36:21 AMS1.1 ISSUE FOR BID 16 JAN 23 2105CITY OF BOZEMANFIRE STATION #2575 WEST KAGY BLVD, BOZEMAN, MONTANA 59715FOUNDATION SLAB PLAN -AREA A3/16" = 1'-0"S1.1 1 FOUNDATION SLAB PLAN -AREA A CONCRETE WALL FOOTING - SCHEDULE TYPE MARK WIDTH, "W" THICKNESS, "T" NO. OF REINF. MATS TRANSVERSE REINFORCEMENT LONGITUDINAL REINFORCEMENT WF-2 2' - 0" 1' - 0" 1 #4 @ 8" OC (3) #4 WF-3 3' - 0" 1' - 0" 1 #4 @ 8" OC (4) #4 WF-6 6' - 0" 1' - 0" 1 #4 @ 8" OC (4) #4 CONCRETE WALL - SCHEDULE TYPE MARK THICKNESS, "T" NO. OF REINF. MATS HORIZONTAL REINFORCEMENT VERTICAL REINFORCEMENT C1 8" 1 #5 @ 16" OC #5 @ 16" OC C2 1' - 0" 1 #5 @ 12" OC #5 @ 12" OC C3 1' - 8" 2 #5 @ 12" OC #5 @ 12" OC SPREAD FOOTING - SCHEDULE MARK WIDTH, "W" LENGTH, "L" REINFORCEMENT THICK., "T" COMMENTS F1 3' - 0" 3' - 0" #5 @ 12" OC, EW, T & B 1' - 0" SEE PLAN F2 6' - 0" 6' - 6" #6 @ 12" OC, EW, T & B 1' - 6" SEE PLAN F3 4' - 0" 4' - 0" #5 @ 12" OC, EW, T & B 1' - 0" SEE PLAN CMU WALL - SCHEDULE MARK THICK, "T" VERT REINF HORIZ REINF GROUTING COMMENTS 12M-1 12" (2) #5 @ 16" O.C. #5 @ 16" O.C. SOLID 12M-2 12" (2) #5 @ 8" O.C. (2) #5 @ 8" O.C. SOLID ISSUE DATE DESCRIP. 5/25/23 ASI #41 1ASI #4 136 AREA A AREA B KEYPLAN LEGEND CAST-IN-PLACE CONC. FDN., SEE SCHEDULE- P#.# CONCRETE PIER, SEE SCHEDULE 1i#C CONCRETE WALLS, SEE WALL SCHEDULE - WF-# MASONRY SHEARWALL/BEARING WALL, SEE STRUCT. SECTIONS- 1i#M-#NEW MASONRY SHEAR WALLS, SEE WALL SCHEDULE IN DTL. - SPREAD FOOTING MARK, SEE FOOTING SCHEDULE IN DTL. F#.# COL. BP-#STRUCTURAL COLUMN, SEE PLAN COL. BASE PLATE MARK, SEE BASE PLATE SCHEDULE WOOD SHEAR WALLS, SEE STRUCT. SECTIONS- - HOLD DOWN, SEE HOLD DOWN SCHEDULE - SIP SPAN DIRECTION - SHEARWALL, SEE SHEARWALL SCHEDULE 1iS#AREA A -S1.1AREA A -S1.15 S4.2 1 S4.2 1 S4.2 1 S4.2 F1 100' -0" WF-2 96' -6" C2 WF-2 96' -6" C2 12M-2 WF-3 99' -4" S4.0 3 4" SLAB ON GRADE TYP @ AREA B EXT. WALL, U.N.O. TYP., UNO F3 100' -0" 9 S5.5 19EXTRACTOR SLAB 20 C3 6 S4.2 4 S4.2 TYP.HSS4X4X5/16BP-3HSS4x4x1/2BP-4HSS4x4x1/2BP-4HSS4X4X5/16HSS4X4X5/16BP-4HSS4X4X5/16BP-2, U.N.O.HSS5x5x1/2BP-2HSS5x5x1/2BP-2HSS4X4X5/16BP-4HSS4X4X5/16BP-3HSS5x5x1/2BP-2HSS4X4X5/16BP-47 S4.2HSS5x5x1/2BP-2S5.1 7TYP. 2' - 6"CL COL. CL COL.CL COL. CL FTG. CL COL. CL COL. WF-2 100' -0" TYP. U.N.O. CL FTG. CL FTG.10' - 8"10' - 8"10' - 8"10' - 8"CL FTG. CL FTG. CL FTG. CL FTG. CL FTG. CL FTG. CL FTG.13' - 4"6' - 8 3/4"CL COL. CL COL.12' - 4 1/2"CL COL. CL COL.2' - 3"1' - 9"CL COL. CL COL. CL FTG.20' - 0 1/2"CL FTG. CL FTG. CL FTG. CL FTG. CL FTG. CL FTG. CL COL. CL FTG. CL COL. CL COL.7' - 5 1/2"10' - 6 1/2"CL FTG. CL FTG. WF-2 100' -0" WF-2 100' -0" B C 5 8 10 F G 6 9 E B.1 A 76.8 B.2 B.8 9.2 D A.9 HSS4x4x1/2BP-39' - 8"9' - 6"2' - 0"10' - 1"5' - 9"3' - 4"8' - 8"1' - 0"2' - 0"3' - 8"3' - 4"7' - 0"59' - 8"4' - 0"5' - 4"2' - 0"20' - 0"108' - 0"49' - 0" 3' - 0"11' - 4"4' - 10"8"3"2' - 2 1/2"8 1/2"3' - 8 1/2"2"2' - 0" 6"2' - 6"2"3 1/2"2 1/2" 2' - 0 1/2" 3"1' - 1 1/2"1' - 6 5/8" S4.1 2 FTG. INTERSECTION, TYP. STEP FDN. WALLSTEP FDN. WALL C1 WF-3 96' -6" CS1 WF-3 96' -6" WF-3 96' -6"5' - 0"3' - 8"EXTENT OF FOOTING EXTENT OF FOOTING 1 ASI #4 KEYNOTES 1 SEE ARCH. AND SITE/CIVIL FOR ALL EXTERIOR, NON-STRUCTURAL CONCRETE. 2 VERTICAL FOOTING AND FOUNDATION WALL CONSTRUCTION JOINTS ARE NOT SHOWN. WHERE REQUIRED BY CONTRACTOR, PROVIDE JOINT PER DTL. 7/S4.0. 3 COORDINATE ALL OPENINGS IN FOUNDATION WALLS WITH ARCH., MECH., ELECT., AND PLUMBING. PROVIDE ADDITIONAL REINFORCEMENT AT OPENINGS AS REQUIRED PER DTL. 8/S-4.0. 4 LOCATIONS OF SCJ'S ARE NOT SHOWN. CONTRACTOR SHALL SUBMIT A DETAILED LAYOUT OF PROPOSED JOINT LOCATIONS A MIN. OF (7) DAYS PRIOR TO SLAB PLACEMENT FOR REVIEW AND APPROVAL. SEE DETAIL 6/S4.0 FOR SLAB CONTRACTION JOINT REQUIREMENTS. 5 NON-BEARING WALLS, WINDOW AND DOOR OPENINGS, AND OTHER INTERIOR PARTITION WALLS ARE SHOWN FOR INFORMATION ONLY. SEE ARCHITECTURAL FOR DIMENSIONS, LOCATIONS, AND SIZES OF THESE ELEMENTS. 6 PROVIDE REINFORCEMENT AT FOUNDATION WALL CORNERS AND FOOTING CORNERS PER DETAIL 1,2/S4.0. 7 FLOOR DRAINS ARE NOT SHOWN FOR CLARITY. SEE PLUMBING DRAWINGS FOR FLOOR DRAIN REQUIREMENTS. SEE DETAIL 3/S4.0FOR SLAB REQUIREMENTS AT FLOOR DRAINS. 8 AT COMPRESSOR PROVIDE 8" THICK SLAB REINFORCED WITH #5 @ 12" O.C., EACH WAY, CENTERED IN SLAB. ISOLATE SLAB FROM TYPICAL 4" SLAB WITH 1/2" PJF ALL FOUR SIDES. COORDINATE SIZE W/ MANUFACTURER. 9 BLOCKOUT TOP OF FOUNDATION WALL AT DOOR OPENING. SEE DETAIL 6/S-401. 10 SEE DETAIL 8/S5.0 FOR REINFORCEMENT AT MASONRY WALL CORNERS AND INTERSECTIONS. 11 INTERIOR AND EXTERIOR MASONRY CONTROL JOINTS NOT SHOWN FOR CLARITY. COORDINATE LOCATION OF JOINTS WITH ARCHITECTURAL DRAWINGS. SEE DETAIL 3/S5.0 FOR REQUIREMENTS. 12 SEE DETAIL 4/S5.0FOR MASONRY WALL REQUIREMENTS AT INTERSECTION WITH HSS COLUMNS. 13 MASONRY HEADER AND JAMB REQUIREMENTS PER DETAIL 7/S5.0 14 FOOTING INTERSECTION TO FDN. WALL, PER DETAIL 2/S4.1 15 TRENCH DRAIN PER DETAIL 4/S4.1. SEE ARCH FOR LOCATION AND EXTENTS. 16 @ AT STAIR STRINGER BEARING THICKEN SLAB TO 8" THICK x 2'-0" WIDE WITH #4 @ 9" O.C., CTRD. IN SLAB. 17 MASONRY HEADER AND JAMB REQUIREMENTS ABOVE ALL MECHANICAL HVAC OPENINGS PER DETAIL 6/S5.0. 18 OPEN WEB STEEL JOIST BRIDGING SHOWN FOR REFERENCE ONLY. COORDINATE LOCATION AND NUMBER OF BRIDGING BAYS WITH MANUFACTURER. 19 AT EXTRACTOR PROVIDE 8" THICK SLAB REINFORCED WITH #5 @ 12" O.C., EACH WAY, CENTERED IN SLAB. ISOLATE SLAB FROM TYPICAL 4" SLAB WITH 1/2" PJF ALL FOUR SIDES. COORDINATE SIZE WITH MANUFACTURER. 20 PROVIDE BLOCKOUT IN SLAB FOR BATHROOM DRAINS. MAINTAIN 4" MINIMUM SLAB THICKNESS. COORDINATE SIZE WITH MANUFACTURER. SEE ARCHITECTURAL FOR ALL LOCATIONS. 21 RIDGE PLATE PER MANUFACTURER. PROVIDE TYPICAL MINIMUM EDGE METAL DECK ATTACHMENT. TNMO AAN SERPOFS GNDR MENUEZ NATE J. No.15739 PE A T N IGSI E O L EREE ERIENCOPYRIGHT 2023 5/25/2023 10:36:22 AMS1.2 ISSUE FOR BID 16 JAN 23 2105CITY OF BOZEMANFIRE STATION #2575 WEST KAGY BLVD, BOZEMAN, MONTANA 59715FOUNDATION SLAB PLAN -AREA B3/16" = 1'-0"S1.2 1 FOUNDATION SLAB PLAN -AREA B CONCRETE WALL FOOTING - SCHEDULE TYPE MARK WIDTH, "W" THICKNESS, "T" NO. OF REINF. MATS TRANSVERSE REINFORCEMENT LONGITUDINAL REINFORCEMENT WF-2 2' - 0" 1' - 0" 1 #4 @ 8" OC (3) #4 WF-3 3' - 0" 1' - 0" 1 #4 @ 8" OC (4) #4 WF-6 6' - 0" 1' - 0" 1 #4 @ 8" OC (4) #4 CONCRETE WALL - SCHEDULE TYPE MARK THICKNESS, "T" NO. OF REINF. MATS HORIZONTAL REINFORCEMENT VERTICAL REINFORCEMENT C1 8" 1 #5 @ 16" OC #5 @ 16" OC C2 1' - 0" 1 #5 @ 12" OC #5 @ 12" OC C3 1' - 8" 2 #5 @ 12" OC #5 @ 12" OC SPREAD FOOTING - SCHEDULE MARK WIDTH, "W" LENGTH, "L" REINFORCEMENT THICK., "T" COMMENTS F1 3' - 0" 3' - 0" #5 @ 12" OC, EW, T & B 1' - 0" SEE PLAN F2 6' - 0" 6' - 6" #6 @ 12" OC, EW, T & B 1' - 6" SEE PLAN F3 4' - 0" 4' - 0" #5 @ 12" OC, EW, T & B 1' - 0" SEE PLAN CMU WALL - SCHEDULE MARK THICK, "T" VERT REINF HORIZ REINF GROUTING COMMENTS 12M-1 12" (2) #5 @ 16" O.C. #5 @ 16" O.C. SOLID 12M-2 12" (2) #5 @ 8" O.C. (2) #5 @ 8" O.C. SOLID ISSUE DATE DESCRIP. 5/25/23 ASI #41 137 Geopier Northwest  800 W Main Street, Suite 1460  Boise, Idaho 83702  208.401.9567 May 10, 2023 TO: Mike Wilkinson – Martel Construction FROM: Daniel P. Ciani, PE SUBJECT: Geopier Change Order No. 1 – Added Piers Ground Improvement Construction – Rammed Aggregate Piers Fire Station No. 2 – Bozeman, Montana This memorandum provides our request for a change order for Geopier foundation support for the Fire Station No. 2 project in Bozeman, Montana. The change order is to cover the expenses associated with additional piers required due to conflicts with an existing fiber optic bank. It is our understanding that the footings will be widened at these various locations so that the footings bear on the added piers. Below is a breakdown of the change order:  Total of 6 piers added at $400 per pier = $2,400 We trust this information meets your current needs. Please call if you have any questions or if further information is required. 138 June 21, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 007 Pricing Request No.PR 005 PROJECT: Bozeman Fire Station # 2 SUBJECT: Four Fold Doors - Owner Changes REFERENCE: PR 005 Quick Response Door Changes Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:($12,786.00) If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 139 Martel Construction Spreadsheet Report Page 1 BFS2 COR 003 - Site Construction Subcontract - Full Scope Review & Reconciliation 6/21/2023 11:08 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 08-0000 DOORS & WINDOWS1 Special Function Doors2 Remove presence sensor from 4 fold doors (not used on Sta8on 1) 3.00 ea 0 (1,560)--(1,560)3 Remove LED tra?c light (not used on station 1)3.00 ea (1,014)--(1,014)4 Remove hanging 3 button pendants 3.00 ea (4,680)--(4,680)5 Special Function Doors (7,254)(7,254) Overhead Doors6 Omit vehicle detection loops on sectional doors (not used on station 1) 3.00 ea --(1,260)--(1,260)7 Change Door Motor matching the motors at Fire station #1 no chain hoist 3.00 ea --(3,339)--(3,339)8 Overhead Doors (4,599)(4,599) DOORS & WINDOWS (11,853)(11,853) Estimate Totals Description Amount Totals Hours Rate Labor 18.000 hrs Material Subcontract (11,853) Equipment Other (11,853)(11,853) General Liability Insurance (114)0.890 % Gross Receipts Tax (119)1.000 % Bond (91)0.750 % Construction Fee (609)5.000 % (933)(12,786) Total (12,786) 140 1 Mike Wilkinson From:Patrick Donnelly <pdonnelly@kaufmannsdoor.com> Sent:Tuesday, May 30, 2023 9:18 AM To:Mike Wilkinson Cc:Jake Martel Subject:RE: BZN Fire Station PR5 Quick Response Doors VE Mike, Yes, with those changes prices below are good. Thank you, Patrick Donnelly Kaufmann's Overhead Door Inc. Montana Rustics pdonnelly@kaufmannsdoor.com www.kaufmannsdoor.com From: Mike Wilkinson <mwilkinson@martelconstruction.com> Sent: Friday, May 26, 2023 4:04 PM To: Patrick Donnelly <pdonnelly@kaufmannsdoor.com> Cc: Jake Martel <jakem@martelconstruction.com> Subject: RE: BZN Fire Station PR5 Quick Response Doors VE Patrick, See a3ached PR 005 – for your review and response Let me know If I can s8ll use the Credit number below Thanks, Michael Wilkinson Project Manager Martel Construction, Inc. (406) 570-6638 Mobile From: Patrick Donnelly <pdonnelly@kaufmannsdoor.com> Sent: Wednesday, May 3, 2023 10:17 AM To: Mike Wilkinson <mwilkinson@martelconstruction.com> 141 2 Cc: jwirth@thinkone.com Subject: FW: Bozeman Fire Station #2 – Subcontract attached… Mike, Finally got all the informa8on back from the factory on this, here are our poten8al cost savings: Remove presence sensor from 4 fold doors (not used on Sta8on 1) $1560.00 Remove LED traffic light (not used on sta8on 1) $1014.00 Remove hanging 3 bu3on pendants $4680.00 Omit vehicle detec8on loops on sec8onal doors (not used on sta8on 1) $1260.00 Currently we have center mount operators with manual chain hoists quoted for the sec8onal doors. We have some poten8al cost savings if we used the same motors that we used on Fire Sta8on 1. Fire Sta8on 1 has a trolley operator with a pull release for manual opera8on but no chain hoist. If we matched the motors at Fire sta8on #1 we would be looking at a cost savings of $3339.00. If the chain hoist is wanted, we could also do a trolley operator with an added manual chain hoist and that would be a savings of $2487.00. If we matched op8ons of what we have at Fire Sta8on #1 we would have a total cost savings of $11,853.00. Let me know if you have any ques8ons. Thank you, Patrick Donnelly Kaufmann's Overhead Door Inc. Montana Rustics pdonnelly@kaufmannsdoor.com www.kaufmannsdoor.com From: Patrick Donnelly Sent: Monday, April 17, 2023 9:45 AM To: Mike Wilkinson <mwilkinson@martelconstruction.com> Subject: RE: Bozeman Fire Station #2 – Subcontract attached… Mike, Sorry this is taking so long, I am s8ll wai8ng on the manufacture to get me a pricing breakdown on some of these items. The items highlighted in yellow were not used on Fire Sta8on 1 at the BPSC. The motors in Green are something we could look at for some cost savings. At sta8on 1 we did a trolley operator. These motors are center mounted above the doors, and more expensive. 142 June 30, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 005 Pricing Request No.PR 03 PROJECT: Bozeman Fire Station # 2 SUBJECT: Bozeman Building & Eng Review Changes REFERENCE: COR R1 corrections on sign quantities Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:5,181.00$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 143 Martel Construction Spreadsheet Report Page 1 BFS2 COR 003 - Site Construction Subcontract - Full Scope Review & Reconciliation 6/30/2023 12:51 PM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 26-0000 ELECTRICAL1 Electrical2 Division 16 Complete 2.00 ea --195 --1953 Electrical 195 195 ELECTRICAL 195 195 32-0000 SITE IMPROVEMENTS4 Asphalt Pavement5 Asphalt Paving (3'' section over existing)(4,032.00)sf --(9,878)--(9,878)6 Asphalt Paving (4" Section, over Flow Fill & Existing Gravels) 4,032.00 sf --15,070 --15,0707 Asphalt Pavement 5,192 5,192 SITE IMPROVEMENTS 5,192 5,192 33-0000 UTILITIES8 Water Distribution9 Underground Utilities - Water Gate Valves 1.00 ls --(1,897)--(1,897)10 Underground Utilities - Water Gate Valves 1.00 ls --(181)--(181)11 Water Distribution (2,078)(2,078) UTILITIES (2,078)(2,078) 34-0000 TRANSPORTATION12 Traffic Signs & Signals13 Provide and Install New Signs 2.00 ea 0 1,495 --1,49514 Traffic Signs & Signals 1,495 1,495 TRANSPORTATION 1,495 1,495 Estimate Totals Description Amount Totals Hours Rate Labor 8.000 hrs Material Subcontract 4,803 Equipment Other 4,803 4,803 General Liability Insurance 46 0.890 % Gross Receipts Tax 48 1.000 % Bond 37 0.750 % Construction Fee 247 5.000 % 378 5,181 Total 5,181 144 3210 Canyon Ferry Rd 406-461-7374 office@slateelectrical.com CHANGE ORDER Job Name: Bozeman Fire Department #2 Date: 6/14/2023 Prepared by: Jeff Ward Change Order Description: Cut in and install 2 additional receptacles on the Kitchen Island. *No additional cost on Fire Alarm Change Order Cost: $194.50 145 146 147 148 June 30, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 011 Pricing Request No.ASI 005 PROJECT: Bozeman Fire Station # 2 SUBJECT: ASI 005 Water, Sewer, Comm and AT&T Fiber Changes REFERENCE:ASI 005 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of:$45,986.00 We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of: If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 149 Martel Construction Spreadsheet Report Page 1 BFS2 COR 003 - Site Construction Subcontract - Full Scope Review & Reconciliation 6/30/2023 11:06 AM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 33-0000 UTILITIES1 Sitework/Utilities2 Sitework/Utilities 1.00 ls --42,635 --42,6353 Sitework/Utilities 42,635 42,635 UTILITIES 42,635 42,635 Estimate Totals Description Amount Totals Hours Rate Labor Material Subcontract 42,635 Equipment Other 42,635 42,635 General Liability Insurance 409 0.890 % Gross Receipts Tax 426 1.000 % Bond 326 0.750 % Construction Fee 2,190 5.000 % 3,351 45,986 Total 45,986 150 151 Traffic Control Breakdown Walker Message Boards 2 additional weeks 1,750.00$ 1 week 1,750.00$ Weeks 5/29 and 6/5 One Addition week for Supervisor 1,300.00$ 2 2,600.00$ Mobe back in - Signage & Message LS -$ work past week $150 day 6/5 150.00$ 5 day 750.00$ Walker Moving Traffic Cones & Fence & gates 297.00$ 2 days 594.00$ Overhead and Profit 12% 1 LS 683.28$ Traffic Control total 6,377.28$ 152 153 154 155 156 157 158 159 160 July 25, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 009 Pricing Request No.ASI 003 PROJECT: Bozeman Fire Station # 2 SUBJECT: Lighting Submittals & Changes REFERENCE: Submittal #26 51 19-4 Revision 0: Interior Lighting Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:690.00$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 161 Martel Construction Spreadsheet Report Page 1 BFS2 COR 003 - Site Construction Subcontract - Full Scope Review & Reconciliation 7/25/2023 4:10 PM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 26-0000 ELECTRICAL1 Electrical2 Division 16 Complete 1.00 ls --640 --6403 Electrical 640 640 ELECTRICAL 640 640 Estimate Totals Description Amount Totals Hours Rate Labor Material Subcontract 640 Equipment Other 640 640 General Liability Insurance 6 0.890 % Gross Receipts Tax 6 1.000 % Bond 5 0.750 % Construction Fee 33 5.000 % 50 690 Total 690 162 3210 Canyon Ferry Rd 406-461-7374 office@slateelectrical.com Martell Construction, Please see following Change Order and price revision for Project No: 2105 Lot fixture price removed $1975.69. Lot fixture price added: $2341.35. Difference in price: $365.66 Material Cost: $69.54 Total for above materials: $435.20 15% Markup on materials brings the total: $500.48 Labor $70/hr for 2 hours: $140.00 Total cost of change: $640.48 Regards, Jeff Ward- Estimator 406-594-0397 163 164 July 25, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 012 Pricing Request No.RFI 027 PROJECT: Bozeman Fire Station # 2 SUBJECT: RFI 027 Electrical Panel Boards & Circuit Changes REFERENCE: RFI 027 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:(3,014.00)$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 165 Martel Construction Spreadsheet Report Page 1 BFS2 COR 012 RFI 027 Electrical Panel Boards & Circuits 7/25/2023 4:44 PM Group Description Takeoff Quantity Labor Amount Material Amount Sub Amount Equip Amount Other Amount Total Amount 26-0000 ELECTRICAL1 Electrical2 Division 16 Complete 1.00 ls --(2,794)--(2,794)3 Electrical (2,794)(2,794) ELECTRICAL (2,794)(2,794) Estimate Totals Description Amount Totals Hours Rate Labor Material Subcontract (2,794) Equipment Other (2,794)(2,794) General Liability Insurance (27)0.890 % Gross Receipts Tax (28)1.000 % Bond (21)0.750 % Construction Fee (144)5.000 % (220)(3,014) Total (3,014) 166 3210 Canyon Ferry Rd 406-461-7374 office@slateelectrical.com CHANGE ORDER Job Name: Bozeman Fire Department #2 RFI #27 Date: 6/30/2023 Prepared by: Jeff Ward Panel Relocation Moving panels 1 LB1 and 2LB1 to the 2nd level room 201 A and installing on the stairwell wall. Lower-level Panel- removal of 16 ¾” burial PVC conduits and conductors from original 1LB2 panel location across truck stall area. Installing one 2 ½” PVC conduit with 250 aluminum conductors and ground wire across the building to the stairwell wall. It will extend to the 2nd floor room #201 A and installing subpanel 1LB2 and branch circuit wiring of all 1st floor circuits as specified in original proposal. 2nd level panel- Removal of 6-3/4” emt conduits and conductors from original 2LB1 location and installing 2 ½” emt conduit, fittings, and 250 aluminum wire with ground across the building ceiling to room 201A and relocate 2LB1 panel and branch circuit wiring from 2nd level as specified in original proposal. Price Reduction Amount of $ 2,794.00 167 168 169 170 171 August 21, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 013 Pricing Request No.RFI 032 PROJECT: Bozeman Fire Station # 2 SUBJECT: RFI 032 - Sheet Air Barrier Sub Spray Applied REFERENCE: RFI 032 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:(11,422.00)$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 172 Martel ConstructionSpreadsheet ReportPage 1BFS2 COR 012 RFI 027 Electrical Panel Boards & Circuits8/21/2023 5:55 PMGroupPhaseDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount07-0000THERMAL & MOISTURE PROT.107-2610Vapor Retarders2Self Adhered Air / Weather Barrier Substitution toSpray Applied11,569.00sf(10,589)--(10,589)3 Vapor Retarders(10,589)(10,589) THERMAL & MOISTURE PROT.(10,589)(10,589)Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract(10,589)EquipmentOther(10,589)(10,589)General Liability Insurance(102)0.890%Gross Receipts Tax(106)1.000%Bond(81)0.750%Construction Fee(544)5.000%(833)(11,422)Total(11,422)173 March 16, 2023 Mr. Tyler Ragen Via: E-Mail Martel Construction 1203 South Church Ave Bozeman, MT 59715 RE: Bozeman Fire Station #2 Bozeman, MT 59715 Dear Tyler, Division 7 Inc. is pleased to submit our bid proposal for the above mentioned project. Our quote is based on Issue for Bid Architectural drawings by Thinkone, dated 1/16/23 and is subject to the scope of work/specifications section(s) and qualifications that follow. Scope of Work / Specification Section: · 07 2100 – Thermal insulation o 1” Rigid Insulation on exterior wood framed walls – R-Shield 250 o 3” Rigid insulation on exterior CMU walls - RSheild 250 · 07 2715 – non bituminous self adhering sheet air barriers o 3M Air and Vapor Barrier 3015 (non permeable) with detailing for a complete air/weather barrier system · 07 2119 – Foamed In Place Insulation o 2” R14 Closed Cell spray foam in spray to exterior sheathing from interior in wood framed wall o Closed cell spray foam as Huntsman HFO High Lift o Includes spray foam at 15/A316 – Screen wall posts though roof o Includes 3” spray foam at 10 and 11 on A317 – steel penetrations for (2) canopies – access will have to be provided. · 07 4213.13 – Formed metal Wall Panels o MP 1 – Pac-Clad HWP 12” Wide, 22ga – 2 coat fluoropolymer Weathered Zinc o MP 2 – Pac-Clad highline C1, 12” wide 22ga, 2 coat fluoropolymer Matte Black o 1 layer 18ga zfurring or hat channel for cladding support · 07 4213.23 – Metal Composite Material Wall Panels o MCM 1- Citadel E2000RV smooth wall panels with perimeter J(CRAX-3) and horizontal/vertical (CRAX-7) with colored extrusions to match panels – finish to custom Bobcat Blue o 1 layer 18ga zfurring or hat channel for cladding support · 07 4293 – Soffit Panels o SP-1 – Pac-Clad flus/reveal, 7” wide, 22ga, finish to be Wood Grain Finish (light oak) BASE BID $ 408,786.00 174 Bid Breakdown: 1. Thermal Insulation $ 39,517.00 2. Sheet air barrier $ 56,785.00 3. Spray Foam $ 35,580.00 4. Metal Panel – MP1, MP2, MCM1, SP1 $ 276,904.00 5. Break out for accounting purposes only. Alternates: 1. Carlisle Barritech NP fluid applied vapor permeable air and vapor barrier ILO of 3M 3015 sheet applied DEDUCT ($ 10,589.00) 2. Add Batt insulation – Ext. wall – R13, Interior 2x4 wall R11, Interior 2x6 wall R19 ADD ($ 11,213.00) Inclusions: 1. Addendum 1 2. Addendum 2 3. Montana prevailing wage – Plasterers, metal panel roofers 4. Manufacture standard warranties. 5. Scissor lifts and scaffold for our work only. 6. Clean up and removal of Division 7 Inc. debris only. 7. Delivery. 8. Sales and/or use tax. Exclusions: 1. Insulation at back of parapet, top of parapet. 2. Wood blocking 3. Deflection or expansion joints 4. Through wall flashing or detailing. 5. Fascia and parapet cap 6. Solar heating metal panels 7. Control of temperature and humidity. Application area’s must maintain 40 degrees. 8. Ventilation. 9. Thermal barriers. 10. Filling boxed members with spray foam. 11. Flexible flashings. 12. Primers. 13. Surface preparation. . 14. Window and door chinking. 15. Any and all metal or wood for rigid insulation. 16. Rigid insulation below grade. 17. Rigid insulation integral to the roof system. 175 18. Rigid insulation on ceilings and soffits. 19. Flashing for brick, stucco, and/or fiber cement panel attachments. 20. Batt insulation or mineral wool. 21. Work required to bring existing building up to code. 22. Dedicated composite clean-up crew. 23. Permits, fees, testing and inspections. 24. Bonds. 25. Escalation is excluded. Qualifications: 1. Division 7 Insulation is DBE, SBE and WBE Certified 2. Division 7 Insulation is ABAA Certified 3. Sufficient water, power, lighting, trash and washout bins to be supplied and maintained by others at no cost to Division 7. 4. All work is warranted for one (1) year from substantial completion of our subcontract work. 5. This proposal is valid for (60 ) days. Thank you for the opportunity to provide Martel with our bid proposal. Please let us know if there are any questions or if clarification is needed. Sincerely, Eric Robinson 720-724-4358 176 August 31, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 008 Pricing Request No.PR 006 PROJECT: Bozeman Fire Station # 2 SUBJECT: Masonry Veneer Alternate REFERENCE: Veneer Option 1,2,3 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:(6,282.00)$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 177 Martel ConstructionSpreadsheet ReportPage 1BFS2 COR 003 - Site Construction Subcontract - Full Scope Review & Reconciliation8/9/2023 1:25 PMGroupPhaseDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount04-0000MASONRY104-9980Masonry2Revise Recess First Course and Top Course ofCMU Veneer(582.00)Unit--(1,164)--(1,164)3Revise all horizontal recess detailing of CMUveneer to be 4416 units(440.00)Unit--(880)--(880)4Revise/Clarify for Horz. and Vert. edges to recessdetailing to be non GF CMU(2,160.00)ea--(3,780)--(3,780)5Delete CMU1 Decorative Details -CMU 1 - 4x4x16 BlackGF installed in running bond1.00ls--0--06 Masonry(5,824)(5,824) MASONRY(5,824)(5,824)Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract(5,824)EquipmentOther(5,824)(5,824)General Liability Insurance(56)0.890%Gross Receipts Tax(58)1.000%Bond(45)0.750%Construction Fee(299)5.000%(458)(6,282)Total(6,282)178 Project: PO #: Date: CO1 CO2 CO3 CO4 CO5 # Description U/M UNIT PRICE AMOUNT 1 Revise Recess First Course and Top Course of CMU Veneer to be 4416 Units 2.00 (1,164.00) 1 Delete pointing in false joints - 2 Revise all horizontal recess detailing of CMU veneer to be 4416 units 2.00 (880.00) 2 Delete pointing in false joints - 3 Revise/Clarify for Horz. and Vert. edges to recess detailing to be non GF CMU 1.75 (3,780.00) Delete GF at small recess (Full returns staying GF - Windows etc.) - 4 Other CMU Veneer Detailing Items for consideration - Delete CMU1 Decorative Details*- CMU 1 - 4x4x16 Black GF installed in running bond 38,000.00 (38,000.00) * Recess at Top and Bottom of wall to remain (as a 4416 unit) all other details deleted - - - - #4 can not be added to 1,2or 3 - - - - - - - OH/P -43,824.00 - (43,824.00)$ Signature: Name: Title: Date: Vice President 06/23/23 New Contract Value -$ TOTAL NET: Original Contract Sum -$ Previously Approved Changes -$ Mason Hill This Change Order:-$ 0% -2,160 -1 -$ -$ QTY -582 -440 406 586 8585 Mike Wilkinson Change Order Summary:-$ -$ -$ Martel Construction Inc Bozeman Fire Station #2 1203 S Church Ave Bozeman Bozeman MT 59715 Montana F: (406) 656-5697 06/23/23 VE PR06 GENERAL CONTRACTOR PROJECT VE Proposal P.O. Box 80665 Billings, MT 59108 Bozeman Fire Station #2 P: (406) 656-5955 BFS#2 - - PR 06 179 101 East Main – Studio One Bozeman, Montana 59715 phone: 406.586.7020 fax: 406.586.8470 PROPOSAL REQUEST Project Name: Fire Station 2 Project No.: 2105 Location: Bozeman, Montana PR No.: 06 Owner: City of Bozeman Contractor: Martel Construction, Inc. 121 North Rouse Avenue 1203 South Church Avenue Bozeman, Montana 59715 Bozeman, MT 59715 Please submit an itemized proposal for adjustments to the Contract Amount and/or Contract Time resulting from the proposed modifications to the Contract Documents described below. This proposal shall include all costs associated with the proposed change, such as materials, labor, overhead, and profit. This proposal shall be submitted to the requestor within fourteen (14) calendar days of the date given below. PROPOSED MODIFICATIONS: 1. Revise recess first course and top course of CMU veneer to be 4x4x16 units. 2. Revise all horizontal recess detailing of CMU veneer to be 4x4x16 units. 3. Revise/Clarify for horizontal and vertical exposed edges of recess detailing to be non-ground face CMU. 4. Other CMU veneer detailing items for consideration. ATTACHMENTS: Reference EXTERIOR ELEVATIONS of Drawings. ThinkOne Jon Wirth 12 MAY 23 REQUESTED BY (CONSULTANT) AUTHORIZED AGENT DATE If this proposal is accepted, the Owner will issue a Change Order to incorporate the proposed modifications into the Contract. 180 This is a safe-printed document. The original attachment had 11 page(s). Safeprint maximum page count configuration is 10 page(s). Number of pages truncated are 1 page(s). 181 182 183 184 185 186 187 188 189 190 191 192 August 21, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. Alt # 2 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: Add Alternate # 2 - Heated North Sidewalk REFERENCE: Alternate # 02 Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract.X We have proceeded with the Work per the terms of the contract. At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:10,477.00$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 193 Martel ConstructionSpreadsheet ReportPage 1BFS2 Alternate # 1 Covered Patio Canopy8/31/2023 5:53 PMGroupPhaseDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount03-0000CONCRETE103-2100Concrete Reinforcing2Wire Mesh - Snow Melt210.00sf58153---2113 Concrete Reinforcing58153211 CONCRETE5815321107-0000THERMAL & MOISTURE PROT.407-2110Foundation Insulation5Foundation Insulation - 2" EPS - R10210.00sf80189---2696 Foundation Insulation80189269 THERMAL & MOISTURE PROT.8018926923-0000HVAC723-0100Plumbing & HVAC8Division 15 Complete1.00ls--5,125--5,1259 Plumbing & HVAC5,1255,125 HVAC5,1255,12531-0000EARTHWORK1031-2300Excavation and Fill111.00LS4-4,09510-4,10912 Excavation and Fill44,095104,109 EARTHWORK44,095104,109Estimate TotalsDescriptionAmountTotalsHoursRateLabor1422.582hrsMaterial342Subcontract9,220Equipment100.067hrsOther9,7149,714General Liability Insurance930.890%Gross Receipts Tax971.000%Bond740.750%Construction Fee4995.000%76310,477Total10,477194 Alternate # 2 - Exterior North Side Sidewalk Price : $5,125.00 195 196 197 August 31, 2023 City of Bozeman - Fire Station # 2 575 West Kagy Blvd Bozeman, Montana 59715 ATTN: Jon Henderson Change Order Request No. COR 016 Pricing Request No. PROJECT: Bozeman Fire Station # 2 SUBJECT: COR 016 LF Adjustment for Fiber Raceway for MSU REFERENCE: PR 001 RMC Fiber Raceway Dear : Jon Henderson, We propose to provide all labor, materials, and equipment required to perform the above mentioned work. Our lump sum quotation is based on our interpretation of the instructions and scope of work identified by the Proposal Request(s). If we have misinterpreted this information in any way (omissions, etc.) please advise us. Other wise, our interpretation shall stand as correct. We have not been directed to proceed with the work per the terms of the contract. We have proceeded with the Work per the terms of the contract.X At this time, we are hereby requesting 0 calendar days for a time extension Please note this proposal is valid for (10) calendar days from this date and our proposal is based on receipt of a signed Change Order within (15) calendar days. We are adjusting the Construction Contingency in the amount of: We are requesting an Adjustment to the GMP (Owner's Contingency) in the Amount of:(2,167.00)$ If you have any questions, please call me at (406) 922-5529 Sincerely, MARTEL CONSTRUCTION, INC.City of Bozeman - Approval Mike Wilkinson - Martel Project Manager Jon Henderson - Strategic Services Director Enclosure(s) Estimate PDF CC.File 198 Martel ConstructionSpreadsheet ReportPage 1BFS2 COR 001B- Fiber Optic Pathway Changes8/31/2023 6:15 PMGroupPhaseDescriptionTakeoff QuantityLabor AmountMaterial AmountSub AmountEquip AmountOther AmountTotal Amount27-0000COMMUNICATIONS127-0500Communications2Communications Systems - Fiber Optic (2) 2"HDPE Pathway (No Fiber included)660.00lf--(18,730)--(18,730)3Communications Systems - Fiber Optic (2) 2"HDPE Pathway (No Fiber included)555.00lf--16,720--16,7204 Communications(2,010)(2,010) COMMUNICATIONS(2,010)(2,010)Estimate TotalsDescriptionAmountTotalsHoursRateLaborMaterialSubcontract(2,010)EquipmentOther(2,010)(2,010)General Liability Insurance(19)0.890%Gross Receipts Tax(20)1.000%Bond(15)0.750%Construction Fee(103)5.000%(157)(2,167)Total(2,167)199 200 201 Quote Date Town Job Name P.O. Box 8688, Kalispell, MT 59904 Job Location Phone Description Quantity Price 660.00 7,920.00$ 1220.00 3,660.00$ 6.00 2,400.00$ 2.00 500.00$ 2.00 1,500.00$ 2.00 2,500.00$ 1.00 250.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 18,730.00$ Authorized Vac truck to expose existing utilities BILLED PER FOOT BILLED PER HOUR 12.00 3.00 400.00 250.00 Soil Condition 30x48x36 Vault BILLED PER FOOT 750.00 Trench and place 2-2" conduits 2" HDPE Place Vault Remove sidewalk panel ***CONCRETE TO BE REPLACED BY OTHER*** Place conduit in existing vault/Pull Box ****PERMITS PROVIDED BY OTHER**** Price each 4/10/23 575 W Kagy Bozeman Fire Station 2 Fiber Reroute Bozeman 1,250.00 250.00 ****If there is still frost in the ground additional frost charges, haul off, and select fill will be charged**** Date of Acceptance__________________________________________ Signature____________________________________________________________________ Acceptance of Proposal - The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do work as specified. Payment will be made as outlined above.Signature____________________________________________________________________ Signature____________________________________________________________________ We Propose hereby to furnish services - Complete in accordance with above specifications, for the sum of: Proposal Submitted To Martel Construction ATTN: Mike Wilkinson Street Note: This proposal may withdrawn by us if not accepted within 30 days. City, State, Zip All work is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. Miscellaneous: Customer Responsible for all permits unless stated otherwise. RMC will provide Customer with itemized bore log. In extreme conditions RMC will make three attempts, if RMC has not yet been successful and customer would like us to continue, an additional daily rate will be charged for crew and equipment of $5,000.00 per day (above and beyond the footage obtained if successful) until either the bore is completed or we are instructed to pull off by customer. Payment Terms: Net 10 1 202 GMP AMENDMENT NO. 4 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Subparagraphs 3.7.1-3.7.4 and 4.1 of the Preconstruction Services Conditions Agreement between Owner and Construction Manager this amendment dated the 19th day of September 2023, between City of Bozeman (“Owner”) and Martel Construction, Inc. (“Contractor”) for the Fire Station No. 2 Relocation Project, hereby establishes a Guaranteed Maximum Price and Contract Time for the portion of the Project as set forth below: GUARANTEED MAXIMUM PRICE FOR BOZEMAN FIRE STATION #2 FULL PROJECT The Construction Manager’s Guaranteed Maximum Price (GMP) for the Work, including the Cost of the Work and the Construction Manager’s Fee is as follows: Early Work Amendment No. 1 $302,663.00 General Requirements 14 Months $596,412.00 Site Work Complete $1,209,235.00 Building Construction $8,475,481.00 Subtotal $10,583,791.00 General Liability Insurance $101,049.00 Gross Receipts Tax $113,405.00 Builders Risk $11,892.00 Bond $85,082.00 Construction Fee $528,471.00 Construction Contingency $206,933.00 PV Construction Contingency $100,000.00 AMENDMENT # 4 GUARANTEED MAXIMUM PRICE $11,730,623.00 CONTRACT TIME The anticipated date of Certificate of Occupancy for the Work outlined above is: June 20th, 2024 OWNER: CONTRACTOR: City of Bozeman Martel Construction, Inc. 121 N. Rouse Ave. 1203 S. Church Ave. Bozeman, MT 59715 Bozeman, MT 59715 By:__________________________ By: __________________________ Jeff Mihelich, City Manager Jason Martel, Executive Vice President 203 Memorandum REPORT TO:City Commission FROM:Jim Veltkamp, Chief of Police SUBJECT:National Law Enforcement Survey Special Presentation MEETING DATE:September 19, 2023 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:National Law Enforcement Survey Special Presentation STRATEGIC PLAN:7.4 Performance Metrics: Utilize key performance and cost measures to monitor, track and improve the planning and delivery of City programs and services, and promote greater accountability, effectiveness and efficiency. Learn from those outside city government and measure specific tasks for performance. BACKGROUND:The Bozeman Police Department recognizes the importance of aligning department resources and efforts with community concerns and building community trust through relationships. In addition, the City of Bozeman's Strategic Plan (Section 7.4) calls for the utilization of key performance measures to monitor, track, and improve the planning and delivery of City programs and services to promote greater accountability, effectiveness, and efficiency. With those priorities in mind, the National Law Enforcement Survey was recently conducted in Bozeman by Polco. From May 24, 2023 to July 5, 2023, the statistically valid portion of the survey was conducted, with 428 responses received. This was followed by an open survey, conducted from June 21, 2023 to July 5, 2023, with 285 responses received. Joseph Dell'Olio, an account representative from Polco, will provide a presentation of the results (see attached report). UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:None. Attachments: The National Law Enforcement Survey Report of Results.pdf 204 Report compiled on: August 31, 2023 205 Visit us online! www.polco.us National Research Center at Polco is a charter member of the AAPOR Transparency Initiative, providing clear disclosure of our sound and ethical survey research practices. Bozeman, MT The National Law Enforcement Survey Report of Results 2023 Report by: 206 About The NLES™ The National Law Enforcement Survey™ (The NLES™) was developed by the experts from National Research Center at Polco to provide a statistically valid survey of resident perceptions of safety and community policing in communities across America. Through a series of questions, residents were asked to: · Assess their perceptions of safety · Gauge police resident interactions · Assess quality of public safety services · Identify public safety priorities The goals of the survey are intended to increase safety, align resident and government priorities, and strengthen relationships between communities and public safety officers. This report provides the opinions of a representative sample of 442 residents of the City of Bozeman collected from May 24th, 2023 to July 5th, 2023. The margin of error around any reported percentage is five percentage points for all respondents and the response rate was 16%. Survey results were weighted so that the demographic profile of respondents was representative of the demographic profile of adults in Bozeman. How the results are reported For the most part, the percentages presented in the following tabs represent the “percent positive.” Most commonly, the percent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe, etc.). On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is shown in the full set of responses included in the tab “Complete data.” However, these responses have been removed from the analyses presented in most of the tabs. In other words, the tables and graphs display the responses from respondents who had an opinion about a specific item. Comparisons to the benchmarks Benchmark comparisons come from two national administrations of The NLES. The NLES was first administered to a representative online panel of about 2,000 United States residents in August 2018. SurveyGizmo provided the list of panel members who were sent multiple invitations until the desired number of completed surveys was obtained. In 2020, the panel was refreshed with additional responses from 2,973 respondents who were recruited through the Polco platform and Facebook ads. For both national panels, the survey responses were weighted by housing tenure (rent or own), housing unit type (attached or detached), race, Hispanic origin, gender, and age within each region to ensure the results were representative of all adults across the U.S. In each tab, Bozeman's results are noted as being “higher” than the benchmark, “lower” than the benchmark, or “similar” to the benchmark, meaning that the percent positive (e.g., excellent or good, very safe or somewhat safe, etc.) given by Bozeman residents is statistically similar to or different (greater or lesser) than the benchmark. Being rated as “higher” or “lower” than the benchmark means that Bozeman's percent positive for a particular item was more than 10 percentage points different than the benchmark. If a rating was “much higher” or “much lower,” then Bozeman's percent positive was more than 20 percentage points different when compared to the benchmark. The survey was administered after the COVID-19 pandemic, a time of challenge for many local governments. While we provide comparisons to national benchmarks, it is important to note that much of the benchmark data was collected prior to or during the pandemic. This may impact how your City's 2023 ratings compare to other communities’ ratings from the past five years. 1 207 Methods Selecting survey recipients All households within the City of Bozeman were eligible to participate in the survey. A list of all households within the zip codes serving Bozeman was purchased from Go-Dog Direct based on updated listings from the United States Postal Service. Since some of the zip codes that include Bozeman households may also serve addresses that lie outside of the community, the exact geographic location of each housing unit was compared to community boundaries using the most current municipal boundary file. Addresses located outside of Bozeman boundaries were removed from the list of potential households to survey. From that list, addresses were randomly selected as survey recipients, with multi-family housing units (defined as those with a unit number) sampled at a rate of 53 compared to single family housing units. The survey datasets were analyzed using all or some of a combination of the Statistical Package for the Social Sciences (SPSS), R, Python, and Tableau. For the most part, the percentages presented in the reports represent the “percent positive.” The percent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe, essential/very important, etc.), or, in the case of resident behaviors, the percent positive represents the proportion of respondents indicating “yes”. On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is shown in the full set of responses included in the tab “Complete data”. However, these responses have been removed from the analyses presented in the reports. In other words, the tables and graphs display the responses from respondents who had an opinion about a specific item. Conducting the survey The 3,000 randomly selected households received mailings beginning on May 24th, 2023 and the survey remained open for six weeks. For all 3,000 households, the first mailing was a postcard inviting the household to participate in the survey. The next mailing contained a cover letter with instructions, the survey questionnaire, and a postage-paid return envelope. All mailings included a web link to give residents the opportunity to respond to the survey online. All follow-up mailings asked those who had not completed the survey to do so and those who had already done so to refrain from completing the survey again. The survey was available in Spanish. All mailings contained paragraphs in Spanish instructing participants to complete the Spanish version of the survey online. About 8% of the 3,000 mailed invitations were returned because the address was vacant or the postal service was unable to deliver the survey as addressed. Of the remaining 2,760 households that received the invitations to participate, 428 completed the survey, providing an overall response rate of 16%. The response rate was calculated using AAPOR’s response rate #2 for mailed surveys of unnamed persons.* It is customary to describe the precision of estimates made from surveys by a “level of confidence” and accompanying “confidence interval” (or margin of error). A traditional level of confidence, and the one used here, is 95%. The 95% confidence interval can be any size and quantifies the sampling error or imprecision of the survey results because some residents’ opinions are relied on to estimate all residents’ opinions. The margin of error for the Bozeman survey is no greater than plus or minus five percentage points around any given percent reported for all respondents (428 completed surveys). For subgroups of responses, the margin of error increases because the number of respondents for the subgroup is smaller. In addition to the randomly selected “probability sample” of households, a link to an online open participation survey was publicized by the City of Bozeman. The open participation survey was identical to the probability sample survey with two small updates; it included a map at the beginning asking where the respondent lives and a question about where they heard about the survey. The open participation survey was open to all city residents and became available on June 21st, 2023. The survey remained open for two weeks. The data presented in the following tabs exclude the open participation survey data, but a tab at the end provides the complete frequency of responses to questions by the open participation respondents. Analyzing the data The demographic characteristics of the survey respondents were compared to those found in the 2020 Census and 2021 American Community Survey estimates for adults in the City of Bozeman. The primary objective of weighting survey data is to make the survey respondents reflective of the larger population of the community. The characteristics used for weighting were age, area, race, Hispanic origin, housing tenure, housing type, and sex. Weights were calculated using an iterative, multiplicative raking model known as the ANES Weighting Algorithm.* No adjustments were made for design effects. The results of the weighting scheme are presented in the following table. Contact The City of Bozeman Police Department funded this research. Please contact XXCONTACT NAME of the Bozeman Police Department at XXEMAIL if you have any questions about the survey. Survey Validity * See the Polco knowledge base article on survey validity at https://info.polco.us/knowledge/statistical-vali. * See AAPOR’s Standard Definitions for more information: http://www.aapor.org/Standards-Ethics/Standard-Definitions-(1).aspx * Pasek, J. (2010). ANES Weighting Algorithm.  Retrieved from https://web.stanford.edu/group/iriss/cgi-bin/anesrake/resources/RakingDescription.pdf * Targets come from the 2020 Census and 2021 American Community Survey Unweighted Weighted Target Age 18-34 35-54 55+ Hispanic origin No, not of Hispanic, Latino/a/x, or Spanish .. Yes, I consider myself to be of Hispanic, Lat.. Housing tenure Own Rent Housing type Attached Detached Race & Hispanic origin Not white alone White alone, not Hispanic or Latino Sex Man Woman Sex/age Man 18-34 Man 35-54 Man 55+ Woman 18-34 Woman 35-54 Woman 55+ 2 208 MethodsSelecting survey recipientsAll households within the City of Bozeman were eligible to participate in the survey. A list of all households within the zip codesserving Bozeman was purchased from Go-Dog Direct based on updated listings from the United States Postal Service. Since someof the zip codes that include Bozeman households may also serve addresses that lie outside of the community, the exactgeographic location of each housing unit was compared to community boundaries using the most current municipal boundaryfile. Addresses located outside of Bozeman boundaries were removed from the list of potential households to survey. From thatlist, addresses were randomly selected as survey recipients, with multi-family housing units (defined as those with a unitnumber) sampled at a rate of 53 compared to single family housing units. The survey datasets were analyzed using all or some of a combination of the Statistical Package for the Social Sciences (SPSS), R, Python, and Tableau. For the most part, the percentages presented in the reports represent the “percent positive.” The percent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe, essential/very important, etc.), or, in the case of resident behaviors, the percent positive represents the proportion of respondents indicating “yes”. On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply is shown in the full set of responses included in the tab “Complete data”. However, these responses have been removed from the analyses presented in the reports. In other words, the tables and graphs display the responses from respondents who had an opinion about a specific item. Conducting the surveyThe 3,000 randomly selected households received mailings beginning on May 24th, 2023 and the survey remained open for sixweeks. For all 3,000 households, the first mailing was a postcard inviting the household to participate in the survey. The nextmailing contained a cover letter with instructions, the survey questionnaire, and a postage-paid return envelope. All mailingsincluded a web link to give residents the opportunity to respond to the survey online. All follow-up mailings asked those who hadnot completed the survey to do so and those who had already done so to refrain from completing the survey again.The survey was available in Spanish. All mailings contained paragraphs in Spanish instructing participants to complete theSpanish version of the survey online.About 8% of the 3,000 mailed invitations were returned because the address was vacant or the postal service was unable todeliver the survey as addressed. Of the remaining 2,760 households that received the invitations to participate, 428 completedthe survey, providing an overall response rate of 16%. The response rate was calculated using AAPOR’s response rate #2 formailed surveys of unnamed persons.*It is customary to describe the precision of estimates made from surveys by a “level of confidence” and accompanying“confidence interval” (or margin of error). A traditional level of confidence, and the one used here, is 95%. The 95% confidenceinterval can be any size and quantifies the sampling error or imprecision of the survey results because some residents’ opinionsare relied on to estimate all residents’ opinions. The margin of error for the Bozeman survey is no greater than plus or minus fivepercentage points around any given percent reported for all respondents (428 completed surveys). For subgroups of responses,the margin of error increases because the number of respondents for the subgroup is smaller.In addition to the randomly selected “probability sample” of households, a link to an online open participation survey waspublicized by the City of Bozeman. The open participation survey was identical to the probability sample survey with two smallupdates; it included a map at the beginning asking where the respondent lives and a question about where they heard about thesurvey. The open participation survey was open to all city residents and became available on June 21st, 2023. The surveyremained open for two weeks.The data presented in the following tabs exclude the open participation survey data, but a tab at the end provides the completefrequency of responses to questions by the open participation respondents. Analyzing the data The demographic characteristics of the survey respondents were compared to those found in the 2020 Census and 2021 American Community Survey estimates for adults in the City of Bozeman. The primary objective of weighting survey data is to make the survey respondents reflective of the larger population of the community. The characteristics used for weighting were age, area, race, Hispanic origin, housing tenure, housing type, and sex. Weights were calculated using an iterative, multiplicative raking model known as the ANES Weighting Algorithm.* No adjustments were made for design effects. The results of the weighting scheme are presented in the following table. Contact The City of Bozeman Police Department funded this research. Please contact XXCONTACT NAME of the Bozeman Police Department at XXEMAIL if you have any questions about the survey. Survey Validity * See the Polco knowledge base article on survey validity at https://info.polco.us/knowledge/statistical-vali. * See AAPOR’s Standard Definitions for more information: http://www.aapor.org/Standards-Ethics/Standard-Definitions-(1).aspx * Pasek, J. (2010). ANES Weighting Algorithm.  Retrieved from https://web.stanford.edu/group/iriss/cgi-bin/anesrake/resources/RakingDescription.pdf * Targets come from the 2020 Census and 2021 American Community Survey Unweighted Weighted Target Age 18-34 35-54 55+ Hispanic origin No, not of Hispanic, Latino/a/x, or Spanish .. Yes, I consider myself to be of Hispanic, Lat.. Housing tenure Own Rent Housing type Attached Detached Race & Hispanic origin Not white alone White alone, not Hispanic or Latino Sex Man Woman Sex/age Man 18-34 Man 35-54 Man 55+ Woman 18-34 Woman 35-54 Woman 55+ 20% 24% 56% 20% 24% 56% 48% 28% 23% 4% 96% 2% 98% 2% 98% 55% 45% 55% 45% 36% 64% 44% 56% 44% 56% 50% 50% 89% 11% 88% 12% 91% 9% 47% 53% 47% 53% 52% 48% 11% 11% 25% 9% 13% 31% 11% 11% 25% 9% 13% 31% 26% 14% 12% 22% 15% 11% 3 209 MethodsSelecting survey recipientsAll households within the City of Bozeman were eligible to participate in the survey. A list of all households within the zip codesserving Bozeman was purchased from Go-Dog Direct based on updated listings from the United States Postal Service. Since someof the zip codes that include Bozeman households may also serve addresses that lie outside of the community, the exactgeographic location of each housing unit was compared to community boundaries using the most current municipal boundaryfile. Addresses located outside of Bozeman boundaries were removed from the list of potential households to survey. From thatlist, addresses were randomly selected as survey recipients, with multi-family housing units (defined as those with a unitnumber) sampled at a rate of 53 compared to single family housing units.The survey datasets were analyzed using all or some of a combination of the Statistical Package for the Social Sciences (SPSS), R,Python, and Tableau. For the most part, the percentages presented in the reports represent the “percent positive.” The percentpositive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe,essential/very important, etc.), or, in the case of resident behaviors, the percent positive represents the proportion ofrespondents indicating “yes”.On many of the questions in the survey respondents may answer “don’t know.” The proportion of respondents giving this reply isshown in the full set of responses included in the tab “Complete data”. However, these responses have been removed from theanalyses presented in the reports. In other words, the tables and graphs display the responses from respondents who had anopinion about a specific item.Conducting the surveyThe 3,000 randomly selected households received mailings beginning on May 24th, 2023 and the survey remained open for sixweeks. For all 3,000 households, the first mailing was a postcard inviting the household to participate in the survey. The nextmailing contained a cover letter with instructions, the survey questionnaire, and a postage-paid return envelope. All mailingsincluded a web link to give residents the opportunity to respond to the survey online. All follow-up mailings asked those who hadnot completed the survey to do so and those who had already done so to refrain from completing the survey again.The survey was available in Spanish. All mailings contained paragraphs in Spanish instructing participants to complete theSpanish version of the survey online.About 8% of the 3,000 mailed invitations were returned because the address was vacant or the postal service was unable todeliver the survey as addressed. Of the remaining 2,760 households that received the invitations to participate, 428 completedthe survey, providing an overall response rate of 16%. The response rate was calculated using AAPOR’s response rate #2 formailed surveys of unnamed persons.*It is customary to describe the precision of estimates made from surveys by a “level of confidence” and accompanying“confidence interval” (or margin of error). A traditional level of confidence, and the one used here, is 95%. The 95% confidenceinterval can be any size and quantifies the sampling error or imprecision of the survey results because some residents’ opinionsare relied on to estimate all residents’ opinions. The margin of error for the Bozeman survey is no greater than plus or minus fivepercentage points around any given percent reported for all respondents (428 completed surveys). For subgroups of responses,the margin of error increases because the number of respondents for the subgroup is smaller.In addition to the randomly selected “probability sample” of households, a link to an online open participation survey waspublicized by the City of Bozeman. The open participation survey was identical to the probability sample survey with two smallupdates; it included a map at the beginning asking where the respondent lives and a question about where they heard about thesurvey. The open participation survey was open to all city residents and became available on June 21st, 2023. The surveyremained open for two weeks.The data presented in the following tabs exclude the open participation survey data, but a tab at the end provides the completefrequency of responses to questions by the open participation respondents.Analyzing the dataThe demographic characteristics of the survey respondents were compared to those found in the 2020 Census and 2021American Community Survey estimates for adults in the City of Bozeman. The primary objective of weighting survey data is tomake the survey respondents reflective of the larger population of the community. The characteristics used for weighting wereage, area, race, Hispanic origin, housing tenure, housing type, and sex. Weights were calculated using an iterative, multiplicativeraking model known as the ANES Weighting Algorithm.* No adjustments were made for design effects. The results of theweighting scheme are presented in the following table. Contact The City of Bozeman Police Department funded this research. Please contact Jim Veltkamp of the Bozeman Police Department at JVeltkamp@bozeman.net if you have any questions about the survey. Survey Validity * See the Polco knowledge base article on survey validity at https://info.polco.us/knowledge/statistical-vali. * See AAPOR’s Standard Definitions for more information: http://www.aapor.org/Standards-Ethics/Standard-Definitions-(1).aspx * Pasek, J. (2010). ANES Weighting Algorithm.  Retrieved from https://web.stanford.edu/group/iriss/cgi-bin/anesrake/resources/RakingDescription.pdf * Targets come from the 2020 Census and 2021 American Community Survey Unweighted Weighted TargetAge18-3435-5455+Hispanic origin No, not of Hispanic, Latino/a/x, or Spanish ..Yes, I consider myself to be of Hispanic, Lat..Housing tenure OwnRentHousing type AttachedDetachedRace & Hispanicorigin Not white aloneWhite alone, not Hispanic or LatinoSexManWomanSex/age Man 18-34Man 35-54Man 55+Woman 18-34Woman 35-54Woman 55+ 4 210 Key Findings A strong sense of safety contributes to the high quality of life enjoyed by residents of Bozeman. About 8 in 10 respondents gave excellent or good reviews to the overall quality of life in the City of Bozeman and to Bozeman as a place to live. A higher-than-average 85% of residents positively rated the feeling of safety in Bozeman; a similar percentage provided favorable reviews of the city as a place to raise children, also higher than national benchmarks. Nearly all residents (95%) stated they felt very or somewhat safe in their neighborhood during the day. At least 9 in 10 also felt safe during the day in the city’s downtown/commercial area (scoring above benchmark comparisons) and the city’s major recreational areas. Respondents offered slightly lower evaluations for their feeling of safety in their neighborhoods at night (79%) and in Bozeman’s downtown/commercial area at night (66%), but these questions garnered similar marks to national benchmarks. About half of respondents perceived the city’s recreational areas to be safe at night, which was also on par with communities across the nation. Residents identify some opportunities for improving public safety. While residents felt safe overall, they identified a few key issues that appear to be a greater concern for Bozeman than other comparison communities. Driving under the influence of alcohol or drugs was the top perceived concern in the city, with over two-thirds of survey participants rating it a major or moderate problem. Homeless/transient-related issues (e.g., panhandling) were evaluated to be similarly problematic by 6 in 10. Half of the respondents also considered drug abuse, domestic violence, traffic problems, and sexual assault to be significant problems for the community. A higher proportion of Bozeman residents expressed concern for each of these issues compared to other benchmark communities, indicating a need for further attention in these areas. In addition, survey participants were asked to evaluate priorities for the Bozeman Police Department in the coming years. Assisting or addressing the homeless/transient population emerged as a top priority for residents, with 81% rating this a high or medium priority. While only about 3 in 10 considered school safety to be a major or minor problem in the city, over three-quarters supported increasing school safety/security, making it the second-highest priority identified for the Bozeman Police Department. Most residents favored the Bozeman Police Department increasing connections with the community (73% high or medium priority) and sharing more information about law enforcement activities and public safety (68%). About 6 in 10 also prioritized increasing drug enforcement, increasing traffic enforcement, and enforcing nuisance/code violations. Residents value the quality of services provided by the Bozeman Police Department. Every rating provided for police services in Bozeman was either similar to or higher than the national average, with the strongest evaluation offered for law enforcement responding quickly to emergency calls for assistance (80% excellent or good). About 7 in 10 residents favorably reviewed the Bozeman Police Department for maintaining public order, managing political protests, and working to increase school safety, each higher than comparison communities. When asked to rate the overall quality of services provided by the police department in Bozeman, two-thirds of reviewers offered positive marks, similar to national benchmarks. About 6 in 10 participants provided above-average ratings to the Bozeman Police Department for assisting victims of crime, investigating crimes, and controlling juvenile crime. Drug enforcement and crime prevention earned positive marks from half of respondents, with the former surpassing national benchmarks. A similar proportion also favorably rated the Department for providing public information and education, communicating regularly with community members, and inviting community members to provide input. Bozeman's residents praise law enforcement employee's performance and interactions. All survey items pertaining to the Bozeman Police Department’s overall conduct exceeded national averages. Three-quarters of respondents gave the Department high marks for acting within the law and caring about the well-being of people they deal with. At least 7 in 10 praised local law enforcement for acting in the best interest of the community, using the appropriate amount of force, and being trustworthy. Above-average reviews were also given to Bozeman Police Department for being a positive influence in the community, protecting individual civil rights, treating all residents fairly, and holding law enforcement officers accountable for their actions. When considering their most recent contact with a member of the Bozeman Police Department, residents also provided overwhelmingly positive evaluations of individual employees’ performance. Nearly 8 in 10 survey respondents gave excellent or good ratings to employees’ responsiveness to requests and/or needs. Three-quarters of participants offered positive reviews for the staff member’s fairness, knowledge, and respectful treatment of all people involved. About 7 in 10 reported a favorable overall impression of the Bozeman Police Department staff member and gave high marks for their resolution of concerns and timeliness of handling the situation. All of these survey items scored much higher than benchmark comparison communities. 5 211 Overall feeling of safety in Bozeman Bozeman as a place to raise children Bozeman as a place to live The overall quality of life in Bozeman Similar Similar Higher Higher85% 84% 82% 80% Quality of life in the community Safety is an essential component of community quality and livability. Residents were asked to rate their community as a place to live, a place to raise children, and the overall quality of life in the community. The percentage of positive responses (excellent/good) are shown. Please rate each of the following aspects of quality of life in Bozeman. % positive vs. .. 6 212 In your neighborhood during the day In Bozeman's downtown/commercial area during the day In Bozeman's major recreational areas (parks, trails, etc.) during the day In your neighborhood during the night In Bozeman's downtown/commercial area at night In Bozeman's major recreational areas (parks, trails, etc.) at night Similar Similar Similar Similar Similar Higher 95% 93% 91% 79% 66% 55% Perceptions of safety Respondents rated their overall feeling of safety in the community. Perceptions of safety also were assessed for public spaces such as neighborhoods, commercial areas, and major recreational amenities. Safety ratings were given separately for day and night hours. Residents were also presented with 35 important public safety issues and asked to think about the extent to which each of the issues affected the community. The issues assessed included types of violent and non-violent crimes, as well as various code enforcement violations. The percentage of positive responses (very safe/somewhat safe or major problem/moderate problem) are shown. Please rate how safe or unsafe you feel... Driving under the influence (i.e., alcohol or drugs) Homeless/transient-related problems (panhandling) Drug abuse (e.g., manufacture, sale, or use of illegal/prescription drugs) Domestic violence (adult) Traffic problems (e.g., residential speeding, aggressive drivers) Sexual assault / rape (adult) Child abuse Underage drinking Disorderly conduct (public intoxication, noise violations, etc.) Burglaries/thefts/robberies (any type, including auto, personal or resid.. Residents not knowing enough about public safety issues in the commu.. Hate crimes (e.g., because of race, religion, sexual orientation) Human trafficking (i.e., forced labor or sexual exploitation) Litter Financial crimes against elderly Fraud/identity theft School safety (e.g., bullying, fighting, or weapons) Strained Police Department-community relationships Racial/ethnic tensions Animal problems (animals running at large, barking dogs) Elder abuse Poorly kept houses Gun violence Unauthorized immigrants Physical assault/fights Vandalism/graffiti Not enough help from residents to make the community safer Neighbor disputes Homicide (i.e., murder) Gang activity Safety on public transit (e.g., bus, subway, rail, shared rides) Mass shootings Prostitution Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Much greater Much greater Much greater Much greater Lesser Greater Greater Greater Greater Greater Greater Greater 12% 13% 18% 19% 20% 21% 22% 22% 24% 28% 29% 31% 32% 32% 63% 55% 53% 52% 50% 44% 39% 39% 38% 37% 35% 35% 68% 34% 6% 9% 8% 8% 7% How much of a problem, if at all, do you think these issues are in Bozeman? % positive vs. benchmark 7 213 In your neighborhood during the dayIn Bozeman's downtown/commercial area during the dayIn Bozeman's major recreational areas (parks, trails, etc.) during the dayIn your neighborhood during the nightIn Bozeman's downtown/commercial area at nightIn Bozeman's major recreational areas (parks, trails, etc.) at nightPerceptions of safetyRespondents rated their overall feeling of safety in the community. Perceptions of safety also were assessed for public spacessuch as neighborhoods, commercial areas, and major recreational amenities. Safety ratings were given separately for day andnight hours. Residents were also presented with 35 important public safety issues and asked to think about the extent to whicheach of the issues affected the community. The issues assessed included types of violent and non-violent crimes, as well asvarious code enforcement violations. The percentage of positive responses (very safe/somewhat safe or majorproblem/moderate problem) are shown.Please rate how safe or unsafe you feel...Driving under the influence (i.e., alcohol or drugs)Homeless/transient-related problems (panhandling)Drug abuse (e.g., manufacture, sale, or use of illegal/prescription drugs)Domestic violence (adult)Traffic problems (e.g., residential speeding, aggressive drivers)Sexual assault / rape (adult)Child abuseUnderage drinkingDisorderly conduct (public intoxication, noise violations, etc.)Burglaries/thefts/robberies (any type, including auto, personal or resid..Residents not knowing enough about public safety issues in the commu..Hate crimes (e.g., because of race, religion, sexual orientation)Human trafficking (i.e., forced labor or sexual exploitation)LitterFinancial crimes against elderly Fraud/identity theft School safety (e.g., bullying, fighting, or weapons) Strained Police Department-community relationships Racial/ethnic tensions Animal problems (animals running at large, barking dogs) Elder abuse Poorly kept houses Gun violence Unauthorized immigrants Physical assault/fights Vandalism/graffiti Not enough help from residents to make the community safer Neighbor disputes Homicide (i.e., murder) Gang activity Safety on public transit (e.g., bus, subway, rail, shared rides) Mass shootings Prostitution Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar SimilarSimilarSimilarSimilarMuch greaterMuch greaterMuch greaterMuch greater Lesser Greater GreaterGreaterGreaterGreaterGreaterGreater 12% 13% 18% 19% 20% 21% 22% 22% 24% 28% 29% 31% 32% 32% 63%55%53%52%50%44%39%39%38%37%35%35%68%34% 6% 9% 8% 8% 7% How much of a problem, if at all, do you think these issues are in Bozeman?% positive vs.benchmark 8 214 Responding quickly to emergency calls for assistance Maintaining public order Managing political protests Working to increase school safety Assisting victims of crime Investigating crimes Controlling juvenile crime Drug enforcement Crime prevention Providing public information and education Communicating regularly with community members (e.g., in websites, e.. Inviting community members to provide input (e.g., comments, suggest.. Traffic enforcement Enforcing nuisance/code violations (e.g., loud music, abandoned cars, lit.. Working with people in your neighborhood to solve neighborhood probl.. Responding to community interactions with the homeless/transient po.. Showing residents how they can work together to make their neighborh..Similar Similar Similar Similar Similar Similar Similar Similar Much higher Much higher Much higher Higher Higher Higher Higher Higher Higher 34% 41% 44% 46% 46% 47% 50% 29% 52% 61% 62% 63% 70% 72% 73% 80% 50% Quality of police services Residents rated the quality of police/sheriff services overall and for each of the specific public safety services offered in the community. Services ranged from public information and outreach to investigating crimes.  Public trust in the police also was measured in the survey. Respondents were asked to rate the police on equity, accountability, and other important facets of ethical behavior. The percentage of positive responses (excellent/good) are shown. Please rate the job the Police Department does at each of the following in Bozeman. How would you rate the overall quality of the services provided by the P..Similar67% How would you rate the overall quality of the services provided by the Police Department in Bozeman? Acting within the law Acting in the best interest of the community Using the appropriate amount of force Being trustworthy Being a positive influence in the community Protecting individual civil rights Treating all residents fairly Holding Police Department law enforcement officers accountable for th.. Much higher75% Please rate Bozeman Police Department on the following. % positive vs. benchmark 9 215 Responding quickly to emergency calls for assistanceMaintaining public orderManaging political protestsWorking to increase school safetyAssisting victims of crimeInvestigating crimesControlling juvenile crimeDrug enforcementCrime preventionProviding public information and educationCommunicating regularly with community members (e.g., in websites, e..Inviting community members to provide input (e.g., comments, suggest..Traffic enforcementEnforcing nuisance/code violations (e.g., loud music, abandoned cars, lit..Working with people in your neighborhood to solve neighborhood probl..Responding to community interactions with the homeless/transient po..Showing residents how they can work together to make their neighborh..Quality of police servicesResidents rated the quality of police/sheriff services overall and for each of the specific public safety services offered in thecommunity. Services ranged from public information and outreach to investigating crimes. Public trust in the police also wasmeasured in the survey. Respondents were asked to rate the police on equity, accountability, and other important facets ofethical behavior. The percentage of positive responses (excellent/good) are shown.Please rate the job the Police Department does at each of the following in Bozeman.How would you rate the overall quality of the services provided by the P..How would you rate the overall quality of the services provided by the Police Department in Bozeman? Acting within the law Caring about the well-being of the people they deal with Acting in the best interest of the community Using the appropriate amount of force Being trustworthy Being a positive influence in the community Protecting individual civil rights Treating all residents fairly Holding Police Department law enforcement officers accountable for th..Much higher Much higher Much higher Much higher Higher Higher Higher Higher Higher 75% 75% 72% 72% 71% 68% 66% 66% 65% Please rate Bozeman Police Department on the following.% positive vs.benchmark 10 216 Please indicate about how many times, if ever, you were in contact with anyo..Similar47% Police-resident interactions Survey respondents reported if they had been in contact with the police in the 12 months prior to the survey and the reasons for this contact. Residents who had contact with the police in the 12 months prior to the survey rated the officer or staff member on the encounter in terms of responsiveness, respect, and fairness. Timeliness, knowledge, and resolution of concern also were assessed. The percentage of positive responses (1 or more times, yes, or excellent/good) are shown. Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12 months (if no contact in last 12 months, mark "0 times"). Casual encounter (e.g., chatted with an officer on the street or at an event) Called for or sought help from the Police Department Reported a crime to the Police Department in Bozeman Reported an emergency such as a traffic crash or medical problem to the Poli.. Was in a motor vehicle that was stopped by the Police Department You or a household member were a victim of a non-violent crime in Bozeman Was involved in a traffic accident Encountered an officer at a school To compliment or complain about Police Department services Attended a safety or educational program (e.g., a civilian police academy or .. You or a household member were a victim of a violent crime in Bozeman Was considered a suspect in a crime or contacted as a suspicious person Was arrested Similar Similar Similar Similar Similar Similar Similar Similar Similar Similar Much higher Much higher Higher 64% 54% 40% 24% 22% 17% 14% 12% 11% 9% 7% 6% 4% If you had contact, which of the following were reasons for your contact with the Police Department in the last 12 months? Please check "No" or "Yes" for each. Responsiveness to requests and/or needs Fairness Treating all people involved in a respectful manner Knowledge Overall impression of the Bozeman Police Department staff member Resolution of concerns Timeliness of handling the situation Much higher Much higher Much higher Much higher Much higher Much higher Much higher77% 75% 74% 73% 70% 69% 68% Based on your most recent contact with a member of the Police Department, please rate each of the following aspects of the last employee with whom you had contact. % positive vs. benchmark 11 217 Please indicate about how many times, if ever, you were in contact with anyo..Police-resident interactionsSurvey respondents reported if they had been in contact with the police in the 12 months prior to the survey and the reasonsfor this contact. Residents who had contact with the police in the 12 months prior to the survey rated the officer or staffmember on the encounter in terms of responsiveness, respect, and fairness. Timeliness, knowledge, and resolution ofconcern also were assessed. The percentage of positive responses (1 or more times, yes, or excellent/good) are shown.Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department overthe last 12 months (if no contact in last 12 months, mark "0 times").Casual encounter (e.g., chatted with an officer on the street or at an event)Called for or sought help from the Police DepartmentReported a crime to the Police Department in BozemanReported an emergency such as a traffic crash or medical problem to the Poli..Was in a motor vehicle that was stopped by the Police DepartmentYou or a household member were a victim of a non-violent crime in BozemanWas involved in a traffic accidentEncountered an officer at a schoolTo compliment or complain about Police Department servicesAttended a safety or educational program (e.g., a civilian police academy or ..You or a household member were a victim of a violent crime in BozemanWas considered a suspect in a crime or contacted as a suspicious personWas arrestedIf you had contact, which of the following were reasons for your contact with the Police Department in the last 12 months?Please check "No" or "Yes" for each.Responsiveness to requests and/or needsFairnessTreating all people involved in a respectful manner Knowledge Overall impression of the Bozeman Police Department staff member Resolution of concerns Timeliness of handling the situation Much higher Much higher Much higher Much higher Much higherMuch higherMuch higher77%75%74% 73% 70% 69% 68% Based on your most recent contact with a member of the Police Department, please rate each of the following aspects of thelast employee with whom you had contact.% positive vs.benchmark 12 218 Assisting or dealing with the homeless/transient population Increasing school safety/security Increasing connections with the community (i.e., community forums, ev.. Sharing more information with residents about law enforcement activi.. Increasing drug enforcement Increasing traffic enforcement Enforcing nuisance/code violations (e.g., loud music, abandoned cars, li.. Increasing prevention of juvenile crime Working with residents to solve neighborhood problems Similar Similar Similar Similar Similar Similar Much higher Lower Higher 81% 78% 73% 68% 64% 61% 60% 56% 53% Public safety priorities Residents were provided with a list of 9 public safety activities commonly being considered by police/sheriff departments and asked to rate each in level of priority as a focus issue for the next two years. Respondents assigned each activity as a high, medium, or low priority. The percentage of positive responses (high priority/medium priority) are shown. How much of a priority, if at all, should the Bozeman Police Department place on each of the following in the next two years? % positive vs. benchmark 13 219 Please rate each of the following aspects of quality of life in Bozeman. Bozeman as a place to live Excellent Good Fair Poor Bozeman as a place to raise children Excellent Good Fair Poor Don't know Overall feeling of safety in Bozeman Excellent Good Fair Poor The overall quality of life in Bozeman Excellent Good Fair Poor Please rate how safe or unsafe you feel... In your neighborhood during the day Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe In your neighborhood during the night Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe Don't know Very safe 4% N=18 14% N=58 45% N=190 37% N=157 14% N=58 4% N=15 10% N=43 36% N=148 36% N=151 3% N=12 12% N=50 44% N=185 41% N=170 5% N=22 14% N=58 47% N=196 33% N=138 2% N=7 2% N=9 1% N=5 17% N=70 79% N=334 0% N=1 2% N=10 10% N=41 9% N=37 27% N=115 52% N=220 Complete set of frequencies This dashboard contains a complete set of responses to each question on the survey. By default, "don't know" responses are excluded, but may be added to the table using the response filter to the right. In some tables, the percentages may not sum to 100%; this is either because the question permitted the respondent to "choose all that apply", or for a question that asked the respondent to select one answer, it is due to the customary practice of rounding values to the nearest whole number. 220 Please rate how safe or unsafe you feel... In your neighborhood during the night Don't know In Bozeman's downtown/commercial area during the day Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe Don't know In Bozeman's downtown/commercial area at night Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe Don't know In Bozeman's major recreational areas (parks, trails, etc.) during the day Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe Don't know In Bozeman's major recreational areas (parks, trails, etc.) at night Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe Don't know How much of a problem, if at all, do you think these issues are in Bozeman? Animal problems (animals running at large, barking dogs) Major problem Moderate problem Minor problem Not a problem Don't know Burglaries/thefts/robberies (any type, including auto, personal or residential) Major problem Moderate problem Minor problem Not a problem 1% N=4 1% N=5 1% N=6 4% N=16 22% N=94 70% N=294 4% N=16 4% N=17 12% N=50 17% N=72 37% N=156 26% N=111 1% N=4 2% N=7 2% N=6 6% N=24 25% N=108 65% N=274 9% N=37 6% N=24 18% N=74 18% N=74 28% N=117 23% N=95 2% N=9 48% N=204 26% N=112 15% N=64 8% N=35 16% N=68 39% N=163 28% N=120 5% N=22 221 How much of a problem, if at all, do you think these issues are in Bozeman? Burglaries/thefts/robberies (any type, including auto, personal or residential) Minor problem Not a problem Don't know Child abuse Major problem Moderate problem Minor problem Not a problem Don't know Disorderly conduct (public intoxication, noise violations, etc.) Major problem Moderate problem Minor problem Not a problem Don't know Domestic violence (adult)Major problem Moderate problem Minor problem Not a problem Don't know Driving under the influence (i.e., alcohol or drugs) Major problem Moderate problem Minor problem Not a problem Don't know Drug abuse (e.g., manufacture, sale, or use of illegal/prescription drugs) Major problem Moderate problem Minor problem Not a problem Don't know Elder abuse Major problem Moderate problem Minor problem Not a problem Don't know Major problem 12% N=50 16% N=68 55% N=230 12% N=51 14% N=57 17% N=72 3% N=12 9% N=39 18% N=77 38% N=157 27% N=114 7% N=30 43% N=180 8% N=34 18% N=77 25% N=103 5% N=21 13% N=55 7% N=27 21% N=87 38% N=155 21% N=89 21% N=87 9% N=38 27% N=116 30% N=129 13% N=55 60% N=250 17% N=70 15% N=63 7% N=31 1% N=6 222 How much of a problem, if at all, do you think these issues are in Bozeman? Elder abuse Don't know Fraud/identity theft Major problem Moderate problem Minor problem Not a problem Don't know Financial crimes against elderly Major problem Moderate problem Minor problem Not a problem Don't know Gang activity Major problem Moderate problem Minor problem Not a problem Don't know Gun violence Major problem Moderate problem Minor problem Not a problem Don't know Hate crimes (e.g., because of race, religion, sexual orientation) Major problem Moderate problem Minor problem Not a problem Don't know Homeless/transient-related problems (panhandling) Major problem Moderate problem Minor problem Not a problem Don't know Homicide (i.e., murder)Major problem Moderate problem Minor problem 53% N=222 13% N=53 20% N=82 12% N=49 3% N=14 61% N=253 9% N=39 17% N=72 11% N=44 2% N=8 33% N=141 47% N=199 14% N=58 5% N=21 1% N=3 14% N=60 38% N=159 30% N=125 14% N=57 4% N=16 15% N=63 30% N=125 25% N=102 20% N=81 10% N=39 3% N=14 11% N=45 25% N=107 28% N=120 33% N=138 28% N=119 6% N=24 1% N=3 223 How much of a problem, if at all, do you think these issues are in Bozeman? Homicide (i.e., murder) Moderate problem Minor problem Not a problem Don't know Human trafficking (i.e., forced labor or sexual exploitation) Major problem Moderate problem Minor problem Not a problem Don't know Litter Major problem Moderate problem Minor problem Not a problem Don't know Mass shootings Major problem Moderate problem Minor problem Not a problem Don't know Not enough help from residents to make the community safer Major problem Moderate problem Minor problem Not a problem Don't know Neighbor disputes Major problem Moderate problem Minor problem Not a problem Don't know Physical assault/fights Major problem Moderate problem Minor problem Not a problem Don't know 29% N=122 36% N=152 28% N=119 50% N=209 16% N=68 17% N=71 13% N=55 4% N=18 1% N=3 21% N=88 45% N=188 23% N=96 11% N=44 14% N=57 74% N=311 7% N=29 3% N=15 2% N=10 24% N=101 39% N=164 28% N=117 6% N=26 3% N=15 22% N=91 37% N=158 32% N=133 8% N=32 2% N=8 24% N=99 29% N=122 33% N=137 11% N=47 3% N=13 224 How much of a problem, if at all, do you think these issues are in Bozeman? Physical assault/fights Not a problem Don't know Poorly kept houses Major problem Moderate problem Minor problem Not a problem Don't know Prostitution Major problem Moderate problem Minor problem Not a problem Don't know Residents not knowing enough about public safety issues in the community Major problem Moderate problem Minor problem Not a problem Don't know Racial/ethnic tensions Major problem Moderate problem Minor problem Not a problem Don't know Safety on public transit (e.g., bus, subway, rail, shared rides) Major problem Moderate problem Minor problem Not a problem Don't know School safety (e.g., bullying, fighting, or weapons) Major problem Moderate problem Minor problem Not a problem Don't know Sexual assault / rape (adult)Major problem Moderate problem 24% N=99 6% N=25 35% N=148 39% N=163 15% N=64 5% N=22 47% N=198 40% N=167 9% N=39 2% N=9 1% N=6 20% N=83 24% N=102 26% N=110 22% N=91 8% N=34 20% N=81 36% N=149 23% N=94 16% N=66 6% N=25 49% N=206 36% N=153 11% N=45 4% N=15 0% N=2 46% N=193 19% N=80 18% N=74 10% N=43 6% N=26 22% N=93 9% N=36 225 How much of a problem, if at all, do you think these issues are in Bozeman? Sexual assault / rape (adult) Major problem Moderate problem Minor problem Not a problem Don't know Strained Police Department-community relationships Major problem Moderate problem Minor problem Not a problem Don't know Traffic problems (e.g., residential speeding, aggressive drivers) Major problem Moderate problem Minor problem Not a problem Don't know Unauthorized immigrants Major problem Moderate problem Minor problem Not a problem Don't know Underage drinking Major problem Moderate problem Minor problem Not a problem Don't know Vandalism/graffiti Major problem Moderate problem Minor problem Not a problem Don't know Please rate the job the Police Department does at each of the following in Bozeman. Assisting victims of crime Excellent Good Fair Poor 39% N=164 10% N=41 21% N=86 22% N=93 22% N=95 37% N=154 19% N=79 14% N=61 8% N=32 2% N=8 15% N=62 32% N=135 23% N=98 28% N=119 33% N=139 40% N=169 13% N=55 8% N=32 6% N=25 21% N=90 19% N=81 28% N=120 20% N=86 11% N=45 9% N=39 35% N=147 40% N=168 13% N=57 3% N=11 6% N=27 12% N=51 21% N=90 12% N=48 226 Please rate the job the Police Department does at each of the following in Bozeman. Assisting victims of crime Fair Poor Don't know Controlling juvenile crime Excellent Good Fair Poor Don't know Communicating regularly with community members (e.g., in websites, emails or public meetings) Excellent Good Fair Poor Don't know Crime prevention Excellent Good Fair Poor Don't know Drug enforcement Excellent Good Fair Poor Don't know Emergency/disaster response (e.g., wildfires, hurricanes, etc.) Excellent Good Fair Poor Don't know Enforcing nuisance/code violations (e.g., loud music, abandoned cars, litter) Excellent Good Fair Poor Don't know Excellent 48% N=204 6% N=27 53% N=224 4% N=16 14% N=58 22% N=90 7% N=30 30% N=127 19% N=77 19% N=78 25% N=103 8% N=32 29% N=118 11% N=44 24% N=101 30% N=125 6% N=26 38% N=160 8% N=33 21% N=89 26% N=108 6% N=25 41% N=170 4% N=15 7% N=29 29% N=119 20% N=81 22% N=94 23% N=95 21% N=87 24% N=103 10% N=42 227 Please rate the job the Police Department does at each of the following in Bozeman. Enforcing nuisance/code violations (e.g., loud music, abandoned cars, litter)Don't know Investigating crimes Excellent Good Fair Poor Don't know Inviting community members to provide input (e.g., comments, suggestions and concerns) Excellent Good Fair Poor Don't know Maintaining public order Excellent Good Fair Poor Don't know Managing political protests Excellent Good Fair Poor Don't know Providing public information and education Excellent Good Fair Poor Don't know Responding quickly to emergency calls for assistance Excellent Good Fair Poor Don't know Responding to community interactions with the homeless/transient population Excellent Good Fair 50% N=207 9% N=38 10% N=43 21% N=86 11% N=44 34% N=139 15% N=60 21% N=86 23% N=93 8% N=35 18% N=76 6% N=24 16% N=68 39% N=163 20% N=84 38% N=161 9% N=35 8% N=35 31% N=127 14% N=59 27% N=115 14% N=58 22% N=92 26% N=111 10% N=43 33% N=137 4% N=18 9% N=38 32% N=133 22% N=92 15% N=63 14% N=60 5% N=23 228 Please rate the job the Police Department does at each of the following in Bozeman. Responding to community interactions with the homeless/transient population Good Fair Poor Don't know Showing residents how they can work together to make their neighborhood safer Excellent Good Fair Poor Don't know Traffic enforcement Excellent Good Fair Poor Don't know Working to increase school safety Excellent Good Fair Poor Don't know Working with people in your neighborhood to solve neighborhood problems Excellent Good Fair Poor Don't know How would you rate the overall quality of the services provided by the Police Department in Bozeman? Excellent Good Fair Poor Don't know Please rate Bozeman Police Department on the following. Being trustworthy Excellent Good Fair Poor Don't know 44% N=184 22% N=91 15% N=63 49% N=204 21% N=87 15% N=63 9% N=39 6% N=24 13% N=53 25% N=105 22% N=92 30% N=124 11% N=45 50% N=209 6% N=23 10% N=40 21% N=88 14% N=59 55% N=231 11% N=46 16% N=65 13% N=53 6% N=25 12% N=48 8% N=34 21% N=85 39% N=162 20% N=84 16% N=67 11% N=45 13% N=56 32% N=135 28% N=115 229 Please rate Bozeman Police Department on the following. Being trustworthy Poor Don't know Acting in the best interest of the community Excellent Good Fair Poor Don't know Treating all residents fairly Excellent Good Fair Poor Don't know Caring about the well-being of the people they deal with Excellent Good Fair Poor Don't know Holding Police Department law enforcement officers accountable for their actions Excellent Good Fair Poor Don't know Protecting individual civil rights Excellent Good Fair Poor Don't know Being a positive influence in the community Excellent Good Fair Poor Don't know Acting within the law Excellent Good 16% N=67 17% N=72 9% N=37 14% N=58 32% N=132 28% N=118 28% N=116 11% N=46 14% N=58 26% N=110 21% N=89 21% N=87 9% N=39 10% N=43 36% N=149 24% N=98 41% N=171 15% N=64 5% N=22 22% N=91 17% N=70 30% N=127 9% N=39 14% N=59 25% N=104 21% N=87 17% N=70 9% N=39 17% N=73 32% N=132 25% N=105 30% N=127 24% N=100 230 Please rate Bozeman Police Department on the following. Acting within the law Excellent Good Fair Poor Don't know Using the appropriate amount of force Excellent Good Fair Poor Don't know Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12 months (if no contact in last 12 months, mark "0 times"). 0 times 1-2 times 3-5 times 6-8 times 9 or more times If you had contact, which of the following were reasons for your contact with the Police Department in the last 12 months? Please check "No" or "Yes" for each. Called for or sought help from the Police Department No Yes Attended a safety or educational program (e.g., a civilian police academy or other program) No Yes Was arrested No Yes Was involved in a traffic accident No Yes Was in a motor vehicle that was stopped by the Police Department No Yes Casual encounter (e.g., chatted with an officer on the street or at an event) No Yes Was considered a suspect in a crime or contacted as a suspicious person No Yes Encountered an officer at a school No Yes You or a household member were a victim of a violent crime in Bozeman No Yes No 28% N=119 9% N=40 8% N=33 30% N=127 38% N=160 9% N=39 8% N=33 24% N=98 21% N=87 3% N=14 2% N=9 10% N=42 31% N=131 53% N=223 54% N=107 46% N=92 9% N=17 91% N=177 4% N=8 96% N=188 14% N=27 86% N=168 22% N=42 78% N=154 63% N=124 37% N=72 6% N=12 94% N=183 12% N=24 88% N=173 7% N=13 93% N=182 231 If you had contact, which of the following were reasons for your contact with the Police Department in the last 12 months? Please check "No" or "Yes" for each. You or a household member were a victim of a violent crime in Bozeman Yes You or a household member were a victim of a non-violent crime in Bozeman No Yes Reported a crime to the Police Department in Bozeman No Yes Reported an emergency such as a traffic crash or medical problem to the Police Department No Yes To compliment or complain about Police Department services No Yes Based on your most recent contact with a member of the Police Department, please rate each of the following aspects of the last employee with whom you had contact. Fairness Excellent Good Fair Poor Don't know/Not applicable Responsiveness to requests and/or needs Excellent Good Fair Poor Don't know/Not applicable Treating all people involved in a respectful manner Excellent Good Fair Poor Don't know/Not applicable Knowledge Excellent Good Fair Poor Don't know/Not applicable Timeliness of handling the situation Excellent Good Fair Poor Don't know/Not applicable 16% N=32 84% N=165 40% N=79 60% N=118 25% N=49 75% N=148 11% N=21 89% N=176 9% N=17 7% N=14 15% N=27 27% N=51 41% N=76 7% N=14 10% N=19 12% N=23 31% N=62 40% N=78 5% N=9 9% N=18 16% N=31 29% N=57 41% N=82 11% N=22 13% N=26 10% N=20 28% N=56 37% N=73 11% N=22 11% N=21 17% N=34 28% N=54 33% N=66 232 Based on your most recent contact with a member of the Police Department, please rate each of the following aspects of the last employee with whom you had contact. Timeliness of handling the situation Poor Don't know/Not applicable Resolution of concerns Excellent Good Fair Poor Don't know/Not applicable Overall impression of the Bozeman Police Department staff member Excellent Good Fair Poor Don't know/Not applicable How much of a priority, if at all, should the Bozeman Police Department place on each of the following in the next two years? Enforcing nuisance/code violations (e.g., loud music, abandoned cars, litter) High priority Medium priority Low priority Not a priority Don't know Increasing prevention of juvenile crime High priority Medium priority Low priority Not a priority Don't know Increasing drug enforcement High priority Medium priority Low priority Not a priority Don't know Increasing connections with the community (i.e., community forums, events, relationship building) High priority Medium priority Low priority Not a priority Don't know information High priority Medium priority 11% N=22 16% N=31 13% N=26 12% N=24 24% N=48 34% N=68 1% N=2 11% N=22 18% N=36 28% N=55 42% N=83 5% N=20 15% N=60 24% N=98 35% N=144 22% N=90 16% N=66 10% N=42 26% N=107 30% N=124 17% N=69 8% N=33 14% N=56 19% N=77 31% N=124 29% N=117 5% N=19 9% N=37 17% N=70 44% N=180 25% N=104 37% N=148 29% N=118 Sharing more information with residents about law enforcement activities and public safety information 233 How much of a priority, if at all, should the Bozeman Police Department place on each of the following in the next two years? Sharing more information with residents about law enforcement activities and public safety information High priority Medium priority Low priority Not a priority Don't know Assisting or dealing with the homeless/transient population High priority Medium priority Low priority Not a priority Don't know Increasing school safety/security High priority Medium priority Low priority Not a priority Don't know Increasing traffic enforcement High priority Medium priority Low priority Not a priority Don't know Working with residents to solve neighborhood problems High priority Medium priority Low priority Not a priority Don't know Increasing training for law enforcement officers (e.g. de-escalation techniques, crisis management, mental health) High priority Medium priority Low priority Not a priority Don't know Recruiting and hiring more diverse staff High priority Medium priority Low priority Not a priority 4% N=15 6% N=24 25% N=100 37% N=148 4% N=18 7% N=31 10% N=43 25% N=102 54% N=223 11% N=47 7% N=30 12% N=51 34% N=142 35% N=145 3% N=12 14% N=58 23% N=96 35% N=143 25% N=101 10% N=42 14% N=57 28% N=117 36% N=147 12% N=49 8% N=31 4% N=18 10% N=41 20% N=85 58% N=239 28% N=117 12% N=49 20% N=81 30% N=124 234 How much of a priority, if at all, should the Bozeman Police Department place on each of the following in the next two years? Recruiting and hiring more diverse staff Low priority Not a priority Don't know Increasing the use of cameras (e.g., body cameras, in car cameras) High priority Medium priority Low priority Not a priority Don't know Increasing the use of technology (e.g., drones, electric weapons that are less lethal, etc.) High priority Medium priority Low priority Not a priority Don't know Hiring (more) mental health workers to assist with response to calls High priority Medium priority Low priority Not a priority Don't know Please indicate the extent to which you would support or oppose each of the following: Hiring additional police officers to keep up with the growth of the city Strongly support Somewhat support Somewhat oppose Strongly oppose Don't know A Mill Levy to support the hiring of additional full-time police officers to the Bozeman Police Department Strongly support Somewhat support Somewhat oppose Strongly oppose Don't know Please answer "No" or "Yes" for each of the following statements to indicate your level of familiarity with Bozeman Police Department resources and operations. I know how to contact the Bozeman Police Department No Yes I have visited the Bozeman Police Department's website No Yes I follow the Bozeman Police Department on atleast one of their social media channels No Yes 10% N=43 28% N=117 10% N=43 10% N=42 16% N=65 24% N=97 40% N=164 11% N=46 19% N=80 23% N=97 27% N=113 19% N=79 6% N=26 8% N=34 8% N=34 21% N=88 56% N=234 4% N=15 8% N=32 6% N=24 24% N=101 58% N=241 9% N=38 14% N=57 8% N=33 31% N=128 38% N=159 94% N=395 6% N=24 44% N=186 56% N=233 24% N=100 76% N=318 235 Please answer "No" or "Yes" for each of the following statements to indicate your level of familiarity with Bozeman Police Department resources and operations. I follow the Bozeman Police Department on at least one of their social media channels No Yes I know where the Bozeman Police Department is located No Yes I know about the Citizen's Police Academy No Yes I know about community events hosted by the Bozeman Police Department No Yes I know where to obtain information regarding recent calls for service No Yes I know how to obtain a copy of a case report No Yes I am aware the Bozeman Police Department uses body worn cameras No Yes I am aware the Bozeman Police Department and Gallatin County Sheriff's Office have a joint Special Response Team (SWAT team) No Yes I am aware that Gallatin Mobile Crisis counselors respond with officers to calls involving mental health concerns, when appropriate No Yes Which best describes the building you live in?Single-family detached home Townhouse or duplex (may sha.. Condominium or apartment (ha.. Mobile home Other Do you rent or own your home?Rent Own Does your NEIGHBORHOOD have any of the following safety measures in place? Adequate lighting on your streets Yes No Gated neighborhood Yes No Neighborhood security guard/gate monitor Yes No Neighborhood Watch signs Yes No Yes 24% N=100 87% N=362 13% N=55 19% N=80 81% N=338 22% N=92 78% N=326 27% N=113 73% N=305 24% N=99 76% N=318 65% N=272 35% N=146 63% N=265 37% N=154 33% N=136 67% N=281 1% N=3 1% N=3 35% N=146 21% N=89 43% N=179 45% N=185 55% N=230 35% N=145 65% N=273 99% N=413 1% N=6 98% N=411 2% N=7 97% N=406 3% N=13 236 Does your NEIGHBORHOOD have any of the following safety measures in place?Neighborhood Watch signs No Does your HOME have any of the following safety measures in place? Deadbolt locks on all exterior doors Yes No Locking mechanisms on windows/sliding glass doors Yes No Adequate lighting around your property Yes No Home security system without monitoring Yes No Home security system with monitoring Yes No Even when at home, doors and garages are kept locked Yes No Do any children 17 or under live in your household? No Yes Are you or any other members of your household aged 65 or older? No Yes How much do you anticipate your household's total income before taxes will be for the current year? (Please include in your total income money from all sources for all persons living in your household.) Less than $25,000 $25,000 to $49,999 $50,000 to $74,999 $75,000 to $99,999 $100,000 to $149,999 $150,000 to $199,999 $200,000 to $299,999 $300,000 or more Are you of Hispanic, Latino/a/x, or Spanish origin? No, not of Hispanic, Latino/a/x, .. Yes, I consider myself to be of .. What is your race? (Mark one or more races to indicate what race you consider yourself to be.) American Indian or Alaska Nati.. Asian Black or African American Native Hawaiian or Other Pacif.. White A race not listed 18-24 years 22% N=90 78% N=327 10% N=41 90% N=376 22% N=92 78% N=322 89% N=365 11% N=46 91% N=374 9% N=38 46% N=191 54% N=227 22% N=90 78% N=323 17% N=69 83% N=344 3% N=11 6% N=23 12% N=48 21% N=85 18% N=74 13% N=54 20% N=80 8% N=34 2% N=8 98% N=406 5% N=20 96% N=400 0% N=1 1% N=5 4% N=16 1% N=3 237 What is your race? (Mark one or more races to indicate what race you consider yourself to be.)A race not listed In which category is your age?18-24 years 25-34 years 35-44 years 45-54 years 55-64 years 65-74 years 75 years or older What is your gender?Woman Man Identify in another way If you identify in another way, how would you describe your gender? Agender/I don't identify with a.. Non-binary What is your 5-digit zip code?37918 50718 58719 59178 59715 59718 97214 How many years have you lived in Bozeman?Less than 2 years 2-5 years 6-10 years 11-20 years More than 20 years What is your sexual orientation?Heterosexual Lesbian Gay Bisexual Identify in another way If you identify in another way, how would you describe your sexual orientation? Asexual Pansexual Queer Identify in another way 7% N=31 7% N=29 5% N=22 10% N=41 14% N=60 39% N=166 17% N=72 2% N=8 52% N=219 46% N=193 54% N=4 46% N=4 1% N=2 50% N=109 48% N=104 0% N=1 0% N=1 0% N= 0% N=1 25% N=106 15% N=63 23% N=97 28% N=116 9% N=37 3% N=11 4% N=16 1% N=4 1% N=3 92% N=374 14% N=2 33% N=4 16% N=2 37% N=5 238 If you identify in another way, how would you describe your sexual orientation? Queer Identify in another way 14% N=2 239 Being trustworthy Larger Treating all residents fairly How would you rate the overall quality of the services provided by the Police Department in Bozeman? Larger Overall feeling of safety in Bozeman Overall impression of the Bozeman Police Department staff member Larger Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12.. Gender Female Male Being trustworthy Treating all residents fairly How would you rate the overall quality of the services provided by the Police Department in Bozeman? Smaller Overall feeling of safety in Bozeman Smaller Overall impression of the Bozeman Police Department staff member Larger Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12.. Age 18-34 35-54 55+ Being trustworthy Larger Treating all residents fairly How would you rate the overall quality of the services provided by the Police Department in Bozeman? Overall feeling of safety in Bozeman Overall impression of the Bozeman Police Department staff member Larger Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12 .. Race/ethnicity White alone Not white alone Being trustworthy Larger Treating all residents fairly Larger How would you rate the overall quality of the services provided by the Police Department in Bozeman? Larger Overall feeling of safety in Bozeman Smaller Overall impression of the Bozeman Police Department staff member Larger Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12 .. Larger Income <$50k $50-99k $100k-149k $150k-199k $200k-299k $300k+ Being trustworthy Treating all residents fairly Smaller How would you rate the overall quality of the services provided by the Police Department in Bozeman? Overall feeling of safety in Bozeman Smaller Overall impression of the Bozeman Police Department staff member Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12 .. Tenure Rent Own The NLES Disparity Report An important component of The NLES is to compare the responses of respondents from a variety of socio-demographic backgrounds. The following resident characteristics were included in this report to look at disparities in perceptions: · Age · Gender · Racial/ethnic identity · Household income · Tenure (rent versus own) Responses were only reported for resident subgroups with more than 10 to provide greater stability in estimates. Please note that estimates for some of the respondent groups may still be small so caution should be used to not overinterpret results. This report presents summary data for the comparisons. More detailed survey responses also are compared by resident background on the Comparisons tab. Key findings Age Residents younger than 35 were less likely to rate certain issues in Bozeman - such as physical assault/fights, traffic problems, and vandalism/graffiti - as a major or moderate problem than their older counterparts. In contrast, adults aged 55+ reported higher levels of concern around fraud/identity theft, gang activity, gun violence, and unauthorized immigrants. Older adults also tended to provide more favorable evaluations of the Bozeman Police Department’s services and performance overall. Residents under age 55 placed higher importance on increasing training for law enforcement officers and hiring more mental health workers to assist with call response; meanwhile, older adults prioritized increasing drug enforcement and school safety/security. Gender Women generally provided higher ratings for Bozeman police than men, particularly around traffic enforcement, investigating crimes, inviting input from community members, and being a positive influence in the community. Women showed more concern regarding issues like school safety, underage drinking, elder abuse, and financial crimes against the elderly. Men overall identified fewer issues facing Bozeman as major or moderate problems. Racial/ethnic identity Residents who identified as white alone indicated higher levels of concern about traffic problems and financial crimes against the elderly. Significant differences of opinion were observed in reviews for Bozeman Police Department services and conduct. White residents reported significantly more positive assessments of Department employee interactions, particularly regarding the staff member’s fairness, knowledge, and respectful treatment of all people involved. Residents identifying as a race other than white provided less favorable ratings for many aspects of Bozeman Police Department performance, such as assisting victims of crime, investigating crimes, being trustworthy, acting within the law, and using the appropriate amount of force, but conversely offered higher evaluations for law enforcement working with community members to solve neighborhood problems. Household income Residents reporting household income levels of over $75,000 indicated concern over homeless/transient-related problems, while lower-income residents (<$25,000) identified elder abuse, sexual assault, and residents’ lack of knowledge about public safety issues as greater problems for Bozeman. Those with incomes between $25,000-$74,999 or $100,000-$149,999 tended to provide lower evaluations for the overall Department’s performance and service delivery than residents in other income brackets. Tenure Homeowners felt greater levels of concern about fraud, financial crimes against the elderly, traffic problems, andburglaries/thefts/robberies than did renters. In general, renters offered less favorable reviews of the Bozeman Police Department, offering lower evaluations for the overall quality of services provided and the Department’s performance in assisting victims of crime, drug enforcement, inviting community members’ input, and working to increase school safety. Homeowners more positively rated many aspects of police conduct in Bozeman, including being trustworthy, treating all residents fairly, holding law enforcement officers accountable for their actions, and protecting individual civil rights. Disparities Key individual questions in the survey are compared by respondent background in the following charts. The percentage of positive responses are shown -- the percent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe, etc.). The differences or disparities in these ratings are compared to the disparities found in The NLES national benchmark database to provide context. vs. benchmark 34 240 0%25%50%75%100% Being trustworthy Larger Treating all residents fairly How would you rate the overall quality of the services provided by the Police Department in Bozeman?Larger Overall feeling of safety in Bozeman Overall impression of the Bozeman Police Department staff member Larger Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12.. 78%67% 68%66% 76%62% 87%84% 75%68% 48%46% Gender Female Male 0%25%50%75%100% Being trustworthy Treating all residents fairly How would you rate the overall quality of the services provided by the Police Department in Bozeman?Smaller Overall feeling of safety in Bozeman Smaller Overall impression of the Bozeman Police Department staff member Larger Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12.. 90%63% 81%59% 86%59% 90%82% 80%66% 54%34% Age 18-34 35-54 55+ Being trustworthy Larger Treating all residents fairly How would you rate the overall quality of the services provided by the Police Department in Bozeman? Overall feeling of safety in Bozeman Overall impression of the Bozeman Police Department staff member Larger Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12 .. Race/ethnicity White alone Not white alone Being trustworthy Larger Treating all residents fairly Larger How would you rate the overall quality of the services provided by the Police Department in Bozeman?Larger Overall feeling of safety in Bozeman Smaller Overall impression of the Bozeman Police Department staff member Larger Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12 ..Larger Income <$50k $50-99k $100k-149k $150k-199k $200k-299k $300k+ Being trustworthy Treating all residents fairly Smaller How would you rate the overall quality of the services provided by the Police Department in Bozeman? Overall feeling of safety in Bozeman Smaller Overall impression of the Bozeman Police Department staff member Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12 .. Tenure Rent Own The NLES Disparity ReportAn important component of The NLES is to compare the responses of respondents from a variety of socio-demographicbackgrounds. The following resident characteristics were included in this report to look at disparities in perceptions: · Age · Gender · Racial/ethnic identity · Household income · Tenure (rent versus own)Responses were only reported for resident subgroups with more than 10 to provide greater stability in estimates. Please notethat estimates for some of the respondent groups may still be small so caution should be used to not overinterpret results.This report presents summary data for the comparisons. More detailed survey responses also are compared by residentbackground on the Comparisons tab.Key findingsAgeResidents younger than 35 were less likely to rate certain issues in Bozeman - such as physical assault/fights, traffic problems,and vandalism/graffiti - as a major or moderate problem than their older counterparts. In contrast, adults aged 55+ reportedhigher levels of concern around fraud/identity theft, gang activity, gun violence, and unauthorized immigrants. Older adults alsotended to provide more favorable evaluations of the Bozeman Police Department’s services and performance overall. Residentsunder age 55 placed higher importance on increasing training for law enforcement officers and hiring more mental healthworkers to assist with call response; meanwhile, older adults prioritized increasing drug enforcement and school safety/security.GenderWomen generally provided higher ratings for Bozeman police than men, particularly around traffic enforcement, investigatingcrimes, inviting input from community members, and being a positive influence in the community. Women showed more concernregarding issues like school safety, underage drinking, elder abuse, and financial crimes against the elderly. Men overallidentified fewer issues facing Bozeman as major or moderate problems.Racial/ethnic identityResidents who identified as white alone indicated higher levels of concern about traffic problems and financial crimes againstthe elderly. Significant differences of opinion were observed in reviews for Bozeman Police Department services and conduct.White residents reported significantly more positive assessments of Department employee interactions, particularly regardingthe staff member’s fairness, knowledge, and respectful treatment of all people involved. Residents identifying as a race otherthan white provided less favorable ratings for many aspects of Bozeman Police Department performance, such as assistingvictims of crime, investigating crimes, being trustworthy, acting within the law, and using the appropriate amount of force, butconversely offered higher evaluations for law enforcement working with community members to solve neighborhood problems.Household incomeResidents reporting household income levels of over $75,000 indicated concern over homeless/transient-related problems, whilelower-income residents (<$25,000) identified elder abuse, sexual assault, and residents’ lack of knowledge about public safetyissues as greater problems for Bozeman. Those with incomes between $25,000-$74,999 or $100,000-$149,999 tended to providelower evaluations for the overall Department’s performance and service delivery than residents in other income brackets.TenureHomeowners felt greater levels of concern about fraud, financial crimes against the elderly, traffic problems, andburglaries/thefts/robberies than did renters. In general, renters offered less favorable reviews of the Bozeman PoliceDepartment, offering lower evaluations for the overall quality of services provided and the Department’s performance inassisting victims of crime, drug enforcement, inviting community members’ input, and working to increase school safety.Homeowners more positively rated many aspects of police conduct in Bozeman, including being trustworthy, treating allresidents fairly, holding law enforcement officers accountable for their actions, and protecting individual civil rights... Disparities Key individual questions in the survey are compared by respondent background in the following charts. The percentage of positive responses are shown -- the percent positive is the combination of the top two most positive response options (i.e., excellent/good, very safe/somewhat safe, etc.). The differences or disparities in these ratings are compared to the disparities found in The NLES national benchmark database to provide context. vs. benchmark 35 241 Being trustworthy LargerTreating all residents fairlyHow would you rate the overall quality of the services provided bythe Police Department in Bozeman?LargerOverall feeling of safety in BozemanOverall impression of the Bozeman Police Department staffmember LargerPlease indicate about how many times, if ever, you were in contactwith anyone from the Bozeman Police Department over the last 12..GenderFemale MaleBeing trustworthyTreating all residents fairlyHow would you rate the overall quality of the services provided bythe Police Department in Bozeman?SmallerOverall feeling of safety in Bozeman SmallerOverall impression of the Bozeman Police Department staffmember LargerPlease indicate about how many times, if ever, you were in contactwith anyone from the Bozeman Police Department over the last 12..Age18-34 35-54 55+ 0%25%50%75%100% Being trustworthy Larger Treating all residents fairly How would you rate the overall quality of the services provided by the Police Department in Bozeman? Overall feeling of safety in Bozeman Overall impression of the Bozeman Police Department staff member Larger Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12 .. 73%54% 66%64% 68%59% 86%76% 75%45% 58%45% Race/ethnicity White alone Not white alone 0%25%50%75%100% Being trustworthy Larger Treating all residents fairly Larger How would you rate the overall quality of the services provided by the Police Department in Bozeman?Larger Overall feeling of safety in Bozeman Smaller Overall impression of the Bozeman Police Department staff member Larger Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12 ..Larger 88%58% 76%52% 96%51% 79% 100%58% 54%29% Income <$50k $50-99k $100k-149k $150k-199k $200k-299k $300k+ 0%25%50%75%100% Being trustworthy Treating all residents fairly Smaller How would you rate the overall quality of the services provided by the Police Department in Bozeman? Overall feeling of safety in Bozeman Smaller Overall impression of the Bozeman Police Department staff member Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12 .. 81%63% 73%60% 77%59% 90%81% 76%67% 52%41% Tenure Rent Own The NLES Disparity ReportAn important component of The NLES is to compare the responses of respondents from a variety of socio-demographicbackgrounds. The following resident characteristics were included in this report to look at disparities in perceptions: · Age · Gender · Racial/ethnic identity · Household income · Tenure (rent versus own)Responses were only reported for resident subgroups with more than 10 to provide greater stability in estimates. Please notethat estimates for some of the respondent groups may still be small so caution should be used to not overinterpret results.This report presents summary data for the comparisons. More detailed survey responses also are compared by residentbackground on the Comparisons tab.Key findingsAgeResidents younger than 35 were less likely to rate certain issues in Bozeman - such as physical assault/fights, traffic problems,and vandalism/graffiti - as a major or moderate problem than their older counterparts. In contrast, adults aged 55+ reportedhigher levels of concern around fraud/identity theft, gang activity, gun violence, and unauthorized immigrants. Older adults alsotended to provide more favorable evaluations of the Bozeman Police Department’s services and performance overall. Residentsunder age 55 placed higher importance on increasing training for law enforcement officers and hiring more mental healthworkers to assist with call response; meanwhile, older adults prioritized increasing drug enforcement and school safety/security.GenderWomen generally provided higher ratings for Bozeman police than men, particularly around traffic enforcement, investigatingcrimes, inviting input from community members, and being a positive influence in the community. Women showed more concernregarding issues like school safety, underage drinking, elder abuse, and financial crimes against the elderly. Men overallidentified fewer issues facing Bozeman as major or moderate problems.Racial/ethnic identityResidents who identified as white alone indicated higher levels of concern about traffic problems and financial crimes againstthe elderly. Significant differences of opinion were observed in reviews for Bozeman Police Department services and conduct.White residents reported significantly more positive assessments of Department employee interactions, particularly regardingthe staff member’s fairness, knowledge, and respectful treatment of all people involved. Residents identifying as a race otherthan white provided less favorable ratings for many aspects of Bozeman Police Department performance, such as assistingvictims of crime, investigating crimes, being trustworthy, acting within the law, and using the appropriate amount of force, butconversely offered higher evaluations for law enforcement working with community members to solve neighborhood problems.Household incomeResidents reporting household income levels of over $75,000 indicated concern over homeless/transient-related problems, whilelower-income residents (<$25,000) identified elder abuse, sexual assault, and residents’ lack of knowledge about public safetyissues as greater problems for Bozeman. Those with incomes between $25,000-$74,999 or $100,000-$149,999 tended to providelower evaluations for the overall Department’s performance and service delivery than residents in other income brackets.TenureHomeowners felt greater levels of concern about fraud, financial crimes against the elderly, traffic problems, andburglaries/thefts/robberies than did renters. In general, renters offered less favorable reviews of the Bozeman PoliceDepartment, offering lower evaluations for the overall quality of services provided and the Department’s performance inassisting victims of crime, drug enforcement, inviting community members’ input, and working to increase school safety.Homeowners more positively rated many aspects of police conduct in Bozeman, including being trustworthy, treating allresidents fairly, holding law enforcement officers accountable for their actions, and protecting individual civil rights...DisparitiesKey individual questions in the survey are compared by respondent background in the following charts. The percentage ofpositive responses are shown -- the percent positive is the combination of the top two most positive response options (i.e.,excellent/good, very safe/somewhat safe, etc.). The differences or disparities in these ratings are compared to the disparitiesfound in The NLES national benchmark database to provide context.vs.benchmark 36 242 Methods (open participation) As part of its participation in The National Law Enforcement Survey™ (The NLES™), the City of Bozeman conducted a survey of 428 residents. Survey invitations were mailed to randomly selected households and data were collected from May 24th, 2023 to July 5th, 2023. The results from this main survey effort represent the most robust estimate of your residents’ opinions about police services in your community. After the above data collection period was underway, a link to an online open participation survey was publicized by the City of Bozeman. The open participation survey was identical to the probability sample survey with one small update; it included a question about where they heard about the survey. The open participation survey was open to all city residents and became available on June 21st, 2023. The survey remained open for 2 weeks. 285 residents responded to the open participation survey. The open participation survey data were not collected through a random sample and it is unknown who in the community was aware of the survey; therefore, a level of confidence in the representativeness of the sample cannot be estimated. However, to reduce biase where possible, these data were statistically weighted to match the demographic characteristics of the 2020 Census and 2021 American Community Survey estimates for adults in the City of Bozeman. The characteristics for weighting were age, race, Hispanic origin, housing tenure, housing type, and sex. No adjustments were made for design effects. Weights were calculated using an iterative, mutiplicative raking model known as the ANES Weighting Algorithm.* The results of the weighting scheme for the probability sample are presented in the following table. * Pasek, J. (2010). ANES Weighting Algorithm. Retrieved from https://web.stanford.edu/group/iriss/cgi-bin/anesrake/resources/RakingDescription.pdf Unweighted Weighted Target Age 18-34 35-54 55+ Hispanic origin No, not of Hispanic, Latino/a/x, or Spanish .. Yes, I consider myself to be of Hispanic, Lat.. Housing tenure Own Rent Housing type Race & Hispanic origin Not white alone White alone, not Hispanic or Latino Sex Man Woman Sex/age Man 18-34 Man 35-54 Man 55+ Woman 18-34 Woman 35-54 Woman 55+ 20% 24% 56% 20% 24% 56% 24% 36% 39% 4% 96% 4% 96% 4% 96% 55% 45% 55% 45% 36% 64% 0%0%0% 89% 11% 87% 13% 89% 11% 47% 53% 47% 53% 61% 39% 11% 11% 25% 9% 13% 31% 11% 11% 25% 9% 13% 31% 16% 23% 22% 6% 15% 18% 37 243 Do you live within the City limits of Bozeman?Yes No I don't know Please rate each of the following aspects of quality of life in Bozeman. Bozeman as a place to live Excellent Good Fair Poor Bozeman as a place to raise children Excellent Good Fair Poor Overall feeling of safety in Bozeman Excellent Good Fair Poor The overall quality of life in Bozeman Excellent Good Fair Poor Please rate how safe or unsafe you feel... In your neighborhood during the day Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe In your neighborhood during the night Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe 1% N=1 17% N=48 83% N=233 12% N=34 25% N=70 39% N=111 25% N=69 12% N=28 23% N=53 35% N=80 31% N=70 9% N=26 22% N=61 44% N=124 25% N=71 11% N=31 29% N=82 42% N=118 19% N=54 2% N=7 5% N=13 6% N=17 21% N=59 66% N=185 11% N=29 9% N=25 36% N=99 39% N=109 Open participation survey results This dashboard contains a complete set of responses to each question on the open participation survey. By default, "don't know" responses are excluded, but may be added to the table using the response filter to the right. In some tables, the percentages may not sum to 100%; this is either because the question permitted the respondent to "choose all that apply", or for a question that asked the respondent to select one answer, it is due to the customary practice of rounding values to the nearest whole number. 38 244 Please rate how safe or unsafe you feel... In your neighborhood during the night Neither safe nor unsafe Somewhat unsafe Very unsafe In Bozeman's downtown/commercial area during the day Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe In Bozeman's downtown/commercial area at night Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe In Bozeman's major recreational areas (parks, trails, etc.) during the day Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe In Bozeman's major recreational areas (parks, trails, etc.) at night Very safe Somewhat safe Neither safe nor unsafe Somewhat unsafe Very unsafe How much of a problem, if at all, do you think these issues are in Bozeman? Animal problems (animals running at large, barking dogs) Major problem Moderate problem Minor problem Not a problem Burglaries/thefts/robberies (any type, including auto, personal or residential) Major problem Moderate problem Minor problem Not a problem Major problem 5% N=15 11% N=29 3% N=10 4% N=12 10% N=28 24% N=67 59% N=165 8% N=22 19% N=50 17% N=46 38% N=101 17% N=46 2% N=6 9% N=24 6% N=18 30% N=85 53% N=147 17% N=43 21% N=53 17% N=43 30% N=78 16% N=41 39% N=108 27% N=75 23% N=64 12% N=33 12% N=32 36% N=98 35% N=96 18% N=48 39 245 How much of a problem, if at all, do you think these issues are in Bozeman? Burglaries/thefts/robberies (any type, including auto, personal or residential)Not a problem Child abuse Major problem Moderate problem Minor problem Not a problem Disorderly conduct (public intoxication, noise violations, etc.) Major problem Moderate problem Minor problem Not a problem Domestic violence (adult)Major problem Moderate problem Minor problem Not a problem Driving under the influence (i.e., alcohol or drugs)Major problem Moderate problem Minor problem Not a problem Drug abuse (e.g., manufacture, sale, or use of illegal/prescription drugs) Major problem Moderate problem Minor problem Not a problem Elder abuse Major problem Moderate problem Minor problem Not a problem Fraud/identity theft Major problem Moderate problem Minor problem Not a problem Financial crimes against elderly Major problem Moderate problem Minor problem 14% N=21 29% N=44 38% N=59 19% N=29 14% N=37 35% N=90 33% N=86 18% N=47 6% N=11 23% N=38 43% N=73 27% N=46 7% N=19 14% N=35 34% N=86 44% N=110 10% N=24 24% N=59 34% N=85 32% N=79 27% N=33 38% N=45 31% N=36 4% N=5 24% N=33 36% N=51 33% N=46 7% N=10 41% N=55 32% N=43 10% N=14 40 246 How much of a problem, if at all, do you think these issues are in Bozeman? Financial crimes against elderly Moderate problem Minor problem Not a problem Gang activity Major problem Moderate problem Minor problem Not a problem Gun violence Major problem Moderate problem Minor problem Not a problem Hate crimes (e.g., because of race, religion, sexual orientation) Major problem Moderate problem Minor problem Not a problem Homeless/transient-related problems (panhandling) Major problem Moderate problem Minor problem Not a problem Homicide (i.e., murder)Major problem Moderate problem Minor problem Not a problem Human trafficking (i.e., forced labor or sexual exploitation) Major problem Moderate problem Minor problem Not a problem Litter Major problem Moderate problem Minor problem Not a problem Major problem 16% N=21 41% N=55 65% N=136 19% N=41 10% N=20 6% N=13 39% N=94 38% N=90 20% N=48 3% N=7 36% N=89 22% N=54 28% N=70 15% N=37 9% N=24 14% N=38 27% N=75 51% N=142 52% N=117 39% N=88 6% N=13 3% N=6 18% N=31 38% N=63 27% N=45 17% N=29 11% N=31 40% N=113 31% N=87 17% N=48 41 247 How much of a problem, if at all, do you think these issues are in Bozeman? Litter Not a problem Mass shootings Major problem Moderate problem Minor problem Not a problem Not enough help from residents to make the community safer Major problem Moderate problem Minor problem Not a problem Neighbor disputes Major problem Moderate problem Minor problem Not a problem Physical assault/fights Major problem Moderate problem Minor problem Not a problem Poorly kept houses Major problem Moderate problem Minor problem Not a problem Prostitution Major problem Moderate problem Minor problem Not a problem Residents not knowing enough about public safety issues in the community Major problem Moderate problem Minor problem Not a problem Racial/ethnic tensions Major problem Moderate problem Minor problem 87% N=208 9% N=22 4% N=9 0% N=1 35% N=79 30% N=67 23% N=52 13% N=30 44% N=95 35% N=76 15% N=32 7% N=14 22% N=49 48% N=109 26% N=59 4% N=9 38% N=102 38% N=102 16% N=43 7% N=19 72% N=115 19% N=31 7% N=11 2% N=3 24% N=57 29% N=68 33% N=80 14% N=34 21% N=52 24% N=60 7% N=18 42 248 How much of a problem, if at all, do you think these issues are in Bozeman? Racial/ethnic tensions Moderate problem Minor problem Not a problem Safety on public transit (e.g., bus, subway, rail, shared rides) Major problem Moderate problem Minor problem Not a problem School safety (e.g., bullying, fighting, or weapons)Major problem Moderate problem Minor problem Not a problem Sexual assault / rape (adult)Major problem Moderate problem Minor problem Not a problem Strained Police Department-community relationships Major problem Moderate problem Minor problem Not a problem Traffic problems (e.g., residential speeding, aggressive drivers) Major problem Moderate problem Minor problem Not a problem Unauthorized immigrants Major problem Moderate problem Minor problem Not a problem Underage drinking Major problem Moderate problem Minor problem Not a problem Major problem 47% N=116 21% N=52 56% N=86 29% N=44 11% N=17 4% N=7 20% N=34 33% N=57 30% N=50 17% N=29 11% N=24 29% N=61 32% N=68 27% N=56 36% N=89 25% N=63 22% N=53 17% N=41 15% N=43 14% N=40 19% N=53 51% N=144 55% N=137 15% N=36 11% N=28 19% N=47 25% N=59 30% N=71 23% N=53 22% N=52 43 249 How much of a problem, if at all, do you think these issues are in Bozeman? Underage drinking Not a problem Vandalism/graffiti Major problem Moderate problem Minor problem Not a problem Please rate the job the Police Department does at each of the following in Bozeman. Assisting victims of crime Excellent Good Fair Poor Controlling juvenile crime Excellent Good Fair Poor Communicating regularly with community members (e.g., in websites, emails or public meetings) Excellent Good Fair Poor Crime prevention Excellent Good Fair Poor Drug enforcement Excellent Good Fair Poor Emergency/disaster response (e.g., wildfires, hurricanes, etc.) Excellent Good Fair Poor Enforcing nuisance/code violations (e.g., loud music, abandoned cars, litter) Excellent Good Fair 29% N=76 40% N=103 22% N=56 9% N=24 24% N=49 20% N=40 35% N=70 21% N=42 24% N=38 26% N=43 38% N=61 13% N=20 27% N=62 28% N=65 30% N=69 15% N=33 25% N=57 32% N=72 32% N=72 10% N=23 24% N=47 28% N=56 34% N=67 14% N=27 9% N=16 16% N=30 37% N=67 38% N=70 32% N=78 14% N=35 11% N=26 44 250 Please rate the job the Police Department does at each of the following in Bozeman. Enforcing nuisance/code violations (e.g., loud music, abandoned cars, litter) Good Fair Poor Investigating crimes Excellent Good Fair Poor Inviting community members to provide input (e.g., comments, suggestions and concerns) Excellent Good Fair Poor Maintaining public order Excellent Good Fair Poor Managing political protests Excellent Good Fair Poor Providing public information and education Excellent Good Fair Poor Responding quickly to emergency calls for assistance Excellent Good Fair Poor Responding to community interactions with the homeless/transient population Excellent Good Fair Poor Excellent 43% N=106 32% N=78 28% N=53 21% N=39 36% N=67 15% N=29 30% N=68 22% N=51 28% N=63 19% N=44 14% N=33 21% N=51 43% N=103 22% N=54 24% N=45 20% N=39 38% N=72 18% N=35 27% N=60 24% N=52 34% N=75 16% N=34 12% N=26 17% N=37 36% N=80 35% N=77 51% N=94 25% N=46 17% N=32 8% N=15 45 251 Please rate the job the Police Department does at each of the following in Bozeman. Responding to community interactions with the homeless/transient population Poor Showing residents how they can work together to make their neighborhood safer Excellent Good Fair Poor Traffic enforcement Excellent Good Fair Poor Working to increase school safety Excellent Good Fair Poor Working with people in your neighborhood to solve neighborhood problems Excellent Good Fair Poor How would you rate the overall quality of the services provided by the Police Department in Bozeman? Excellent Good Fair Poor Please rate Bozeman Police Department on the following. Being trustworthy Excellent Good Fair Poor Acting in the best interest of the community Excellent Good Fair Poor Treating all residents fairly Excellent Good Fair 47% N=85 28% N=49 15% N=27 10% N=17 48% N=124 18% N=47 21% N=54 13% N=34 15% N=23 24% N=37 38% N=58 23% N=36 37% N=52 31% N=44 17% N=25 15% N=21 17% N=47 23% N=63 43% N=118 17% N=46 21% N=55 18% N=47 31% N=80 30% N=76 20% N=52 19% N=49 31% N=81 30% N=77 16% N=39 31% N=76 28% N=68 46 252 Please rate Bozeman Police Department on the following. Treating all residents fairly Good Fair Poor Caring about the well-being of the people they deal with Excellent Good Fair Poor Holding Police Department law enforcement officers accountable for their actions Excellent Good Fair Poor Protecting individual civil rights Excellent Good Fair Poor Being a positive influence in the community Excellent Good Fair Poor Acting within the law Excellent Good Fair Poor Using the appropriate amount of force Excellent Good Fair Poor Please indicate about how many times, if ever, you were in contact with anyone from the Bozeman Police Department over the last 12 months (if no contact in last 12 months, mark "0 times"). 0 times 1-2 times 3-5 times 6-8 times 9 or more times 24% N=59 16% N=39 21% N=52 16% N=39 33% N=80 30% N=72 28% N=55 16% N=31 29% N=57 27% N=54 23% N=52 22% N=50 25% N=56 30% N=66 18% N=46 18% N=45 34% N=86 30% N=75 17% N=38 16% N=37 33% N=74 34% N=78 23% N=45 15% N=30 29% N=58 33% N=67 5% N=13 4% N=11 17% N=48 34% N=97 40% N=114 47 253 Please indicate about how many times, if ever, you 6-8 times 9 or more times If you had contact, which of the following were reasons for your contact with the Police Department in the last 12 months? Please check "No" or "Yes" for each. Called for or sought help from the Police Department No Yes Attended a safety or educational program (e.g., a civilian police academy or other program) No Yes Was arrested No Yes Was involved in a traffic accident No Yes Was in a motor vehicle that was stopped by the Police Department No Yes Casual encounter (e.g., chatted with an officer on the street or at an event) No Yes Was considered a suspect in a crime or contacted as a suspicious person No Yes Encountered an officer at a school No Yes You or a household member were a victim of a violent crime in Bozeman No Yes You or a household member were a victim of a non-violent crime in Bozeman No Yes Reported a crime to the Police Department in Bozeman No Yes Reported an emergency such as a traffic crash or medical problem to the Police Department No Yes To compliment or complain about Police Department services No Yes Based on your most recent contact with a member of the Police Department, please rate each of the following aspects of the last employee with whom you had contact. Fairness Excellent Good Fair Poor 5% N=13 63% N=104 37% N=62 10% N=17 90% N=148 2% N=3 98% N=163 15% N=25 85% N=142 22% N=37 78% N=129 55% N=91 45% N=75 4% N=6 96% N=160 16% N=27 84% N=139 3% N=6 97% N=160 24% N=41 76% N=125 47% N=79 53% N=89 27% N=45 73% N=121 12% N=20 88% N=146 18% N=29 14% N=22 17% N=28 46% N=74 48 254 Based on your most recent contact with a member of the Police Department, please rate each of the following aspects of the last employee with whom you had contact. Fairness Fair Poor Don't know/Not applicable Responsiveness to requests and/or needs Excellent Good Fair Poor Don't know/Not applicable Treating all people involved in a respectful manner Excellent Good Fair Poor Don't know/Not applicable Knowledge Excellent Good Fair Poor Don't know/Not applicable Timeliness of handling the situation Excellent Good Fair Poor Don't know/Not applicable Resolution of concerns Excellent Good Fair Poor Don't know/Not applicable Overall impression of the Bozeman Police Department staff member Excellent Good Fair Poor 5% N=8 18% N=29 6% N=11 23% N=39 11% N=19 16% N=27 43% N=72 4% N=7 17% N=28 12% N=21 16% N=27 50% N=84 6% N=10 16% N=27 14% N=24 21% N=36 43% N=72 6% N=10 20% N=34 12% N=20 24% N=40 38% N=65 9% N=15 30% N=51 11% N=18 19% N=33 31% N=52 20% N=33 11% N=18 24% N=41 43% N=72 49 255 Based on your most recent contact with a member of the Police Department, please rate each of the following aspects of the last employee with whom you had contact. Overall impression of the Bozeman Police Department staff member Fair Poor Don't know/Not applicable How much of a priority, if at all, should the Bozeman Police Department place on each of the following in the next two years? Enforcing nuisance/code violations (e.g., loud music, abandoned cars, litter) High priority Medium priority Low priority Not a priority Increasing prevention of juvenile crime High priority Medium priority Low priority Not a priority Increasing drug enforcement High priority Medium priority Low priority Not a priority Increasing connections with the community (i.e., community forums, events, relationship building) High priority Medium priority Low priority Not a priority Sharing more information with residents about law enforcement activities and public safety information High priority Medium priority Low priority Not a priority Assisting or dealing with the homeless/transient population High priority Medium priority Low priority Not a priority Increasing school safety/security High priority Medium priority Low priority Not a priority High priority 2% N=4 20% N=33 11% N=29 27% N=75 35% N=96 27% N=75 16% N=40 31% N=77 35% N=89 18% N=45 16% N=43 12% N=33 29% N=78 43% N=116 5% N=14 22% N=59 45% N=123 28% N=77 5% N=13 24% N=66 37% N=102 34% N=94 6% N=16 7% N=20 25% N=70 62% N=170 10% N=23 18% N=44 32% N=75 40% N=96 50 256 How much of a priority, if at all, should the Bozeman Police Department place on each of the following in the next two years? Increasing school safety/security Not a priority Increasing traffic enforcement High priority Medium priority Low priority Not a priority Working with residents to solve neighborhood problems High priority Medium priority Low priority Not a priority Increasing training for law enforcement officers (e.g. de-escalation techniques, crisis management, mental health) High priority Medium priority Low priority Not a priority Recruiting and hiring more diverse staff High priority Medium priority Low priority Not a priority Increasing the use of cameras (e.g., body cameras, in car cameras) High priority Medium priority Low priority Not a priority Increasing the use of technology (e.g., drones, electric weapons that are less lethal, etc.) High priority Medium priority Low priority Not a priority Hiring (more) mental health workers to assist with response to calls High priority Medium priority Low priority Not a priority Please indicate the extent to which you would support or oppose each of the following: Hiring additional police officers to keep up with the growth of the city Strongly support Somewhat support Somewhat oppose 16% N=42 19% N=51 21% N=57 44% N=121 12% N=30 44% N=114 33% N=86 11% N=30 3% N=8 8% N=22 28% N=73 61% N=163 30% N=74 15% N=38 25% N=63 30% N=73 8% N=21 13% N=34 26% N=67 53% N=138 26% N=64 20% N=51 31% N=78 23% N=59 9% N=25 11% N=29 21% N=56 59% N=157 8% N=22 23% N=61 56% N=152 51 257 Please indicate the extent to which you would support or oppose each of the following: Hiring additional police officers to keep up with the growth of the city Somewhat support Somewhat oppose Strongly oppose A Mill Levy to support the hiring of additional full-time police officers to the Bozeman Police Department Strongly support Somewhat support Somewhat oppose Strongly oppose Please answer "No" or "Yes" for each of the following statements to indicate your level of familiarity with Bozeman Police Department resources and operations. I know how to contact the Bozeman Police Department No Yes I have visited the Bozeman Police Department's website No Yes I follow the Bozeman Police Department on at least one of their social media channels No Yes I know where the Bozeman Police Department is located No Yes I know about the Citizen's Police Academy No Yes I know about community events hosted by the Bozeman Police Department No Yes I know where to obtain information regarding recent calls for service No Yes I know how to obtain a copy of a case report No Yes I am aware the Bozeman Police Department uses body worn cameras No Yes I am aware the Bozeman Police Department and Gallatin County Sheriff's Office have a joint Special Response Team (SWAT team) No Yes I am aware that Gallatin Mobile Crisis counselors respond with officers to calls involving mental health concerns, when appropriate No Yes Which best describes the building you live in?Single-family detached home Townhouse or duplex (may share walls but no units above .. Condominium or apartment (have units above or below you) 13% N=35 8% N=22 21% N=54 9% N=23 27% N=69 43% N=109 94% N=261 6% N=17 66% N=184 34% N=94 65% N=182 35% N=97 90% N=251 10% N=29 36% N=100 64% N=180 36% N=100 64% N=181 34% N=96 66% N=185 27% N=76 73% N=204 70% N=195 30% N=85 75% N=210 25% N=68 44% N=122 56% N=158 28% N=80 20% N=58 47% N=132 52 258 Which best describes the building you live in? Townhouse or duplex (may share walls but no units above .. Condominium or apartment (have units above or below you) Mobile home Other Do you rent or own your home?Rent Own Does your NEIGHBORHOOD have any of the following safety measures in place? Adequate lighting on your streets Yes No Gated neighborhood Yes No Neighborhood security guard/gate monitor Yes No Neighborhood Watch signs Yes No Does your HOME have any of the following safety measures in place? Deadbolt locks on all exterior doors Yes No Locking mechanisms on windows/sliding glass doors Yes No Adequate lighting around your property Yes No Home security system without monitoring Yes No Home security system with monitoring Yes No Even when at home, doors and garages are kept locked Yes No Do any children 17 or under live in your household?No Yes Are you or any other members of your household aged 65 or older? No Yes (Please include in your total income money from all sources for all persons living in your household.) Less than $25,000 $25,000 to $49,999 4% N=11 1% N=3 28% N=80 45% N=126 55% N=156 39% N=109 61% N=172 98% N=276 2% N=4 98% N=276 2% N=5 95% N=267 5% N=14 27% N=75 73% N=207 12% N=34 88% N=249 26% N=74 74% N=208 80% N=225 20% N=58 88% N=248 12% N=35 31% N=86 69% N=195 24% N=68 76% N=213 13% N=36 87% N=246 16% N=44 7% N=19 How much do you anticipate your household's total income before taxes will be for the current year?(Please include in your total income money from all sources for all persons living in your household.) 53 259 How much do you anticipate your household's total income before taxes will be for the current year? (Please include in your total income money from all sources for all persons living in your household.) Less than $25,000 $25,000 to $49,999 $50,000 to $74,999 $75,000 to $99,999 $100,000 to $149,999 $150,000 to $199,999 $200,000 to $299,999 $300,000 or more Are you of Hispanic, Latino/a/x, or Spanish origin?No, not of Hispanic, Latino/a/x, or Spanish origin Yes, I consider myself to be of Hispanic, Latino/a/x, or Spanis.. What is your race? (Mark one or more races to indicate what race you consider yourself to be.) American Indian or Alaska Native Asian Black or African American White A race not listed In which category is your age?18-24 years 25-34 years 35-44 years 45-54 years 55-64 years 65-74 years 75 years or older What is your gender?Woman Man Identify in another way If you identify in another way, how would you describe your gender? Agender/I don't identify with any gender Non-binary What is your 5-digit zip code?5718 58718 59047 59086 (we are in Gallatin County) 59178 5% N=14 6% N=16 9% N=25 24% N=66 15% N=42 19% N=53 16% N=44 4% N=12 96% N=268 4% N=11 97% N=267 2% N=6 1% N=3 3% N=7 2% N=5 7% N=20 11% N=30 9% N=27 14% N=41 41% N=116 16% N=44 2% N=6 52% N=146 46% N=128 40% N=2 60% N=3 1% N=2 1% N=2 0% N=1 0% N=1 0% N= 54 260 What is your 5-digit zip code? 59086 (we are in Gallatin County) 59178 59714 59715 59715 59716 59718 59719 59741 59752 59771 How many years have you lived in Bozeman?Less than 2 years 2-5 years 6-10 years 11-20 years More than 20 years What is your sexual orientation?Heterosexual Lesbian Gay Bisexual Identify in another way If you identify in another way, how would you describe your sexual orientation? Pansexual Queer How did you hear about this survey? (Select all that apply.) The City's website The City's social media (Facebook, Twitter, Instagram,.. Saw a flyer or poster about it Heard about it from a family member, friend or neighbor Heard about it from a business or social organization in my co.. Polco's weekly email Polco social media post On my Polco feed Other 0% N= 0% N=1 1% N=1 0% N= 54% N=153 0% N=1 1% N=2 38% N=107 4% N=11 1% N=2 27% N=77 23% N=64 20% N=57 24% N=67 5% N=15 1% N=3 7% N=18 4% N=11 3% N=8 85% N=229 20% N=1 80% N=3 27% N=75 1% N=2 1% N=2 1% N=2 4% N=11 7% N=21 1% N=4 38% N=105 4% N=10 55 261 How did you hear about this survey? (Select all that apply.) On my Polco feed Other Received an email from the City In a City newsletter or utility bill Received a postcard or letter from the City Nextdoor In my Facebook feed Saw it on a video of a public meeting or at a meeting I atten.. Saw it on the City's cable channel Saw it in a newspaper article or ad (hard copy or online) If you selected an "other" way, in what other way did you hear about this survey? Bozeman Patch by email Bozeman Reddit Bozeman Reddit page Bozeman subreddit Community member post on Reddit Coworker Hi there, I just wanted to say recently we had an extreme us.. I am sure you guys reached out in every way shape and form, t.. My daughter told me about this survey. Online Other social media Post on Reddit Posted on Reddit Posted to another social media Posted to the bozeman Reddit page r/bozeman R/Bozeman on Reddit.com Radio reddit Reddit Reddit Reddit - r/Bozeman Reddit Bozeman page 2% N=5 1% N=3 1% N=2 19% N=51 8% N=23 1% N=4 1% N=3 9% N=25 27% N=75 2% N=1 2% N=1 2% N=1 37% N=26 4% N=3 1% N=1 2% N=1 1% N=1 2% N=1 3% N=2 1% N= 3% N=2 3% N=2 1% N=1 3% N=2 2% N=1 2% N=1 2% N=1 3% N=2 2% N=1 3% N=2 1% N=1 56 262 If you selected an "other" way, in what other way did you hear about this survey? Reddit - r/Bozeman Reddit Bozeman page reddit lol Reddit post Reddit post Reddit r/Bozeman Reddit r/Bozeman Reddit social media. Reddit, Bozeman subreddit Redit Survey was posted on a story in FB where the Bzn police harass.. The Bozeman Police Department Facebook page The Bozeman subreddit on Reddit. The news 1% N=1 3% N=2 1% N= 1% N=1 2% N=1 1% N=1 2% N=1 3% N=2 3% N=2 2% N=1 2% N=1 1% N=1 2% N=1 57 263 The National Law Enforcement Survey™ • © 2018-2023 National Research Center The National Law Enforcement Survey™ Page 1 of 4 Please select the response that most closely represents your opinion for each question. Your responses are confidential and no identifying information will be shared. Please return this survey in the postage-paid envelope provided. Mail to: National Research Center, PO Box 549, Belle Mead, NJ 08502 1. Please rate each of the following aspects of quality of life in Bozeman. Excellent Good Fair Poor Don’t know Bozeman as a place to live ............................................................................. 1 2 3 4 5 Bozeman as a place to raise children ............................................................ 1 2 3 4 5 Overall feeling of safety in Bozeman ............................................................. 1 2 3 4 5 The overall quality of life in Bozeman ........................................................... 1 2 3 4 5 2. Please rate how safe or unsafe you feel… Very Somewhat Neither Somewhat Very Don’t safe safe safe nor unsafe unsafe unsafe know In your neighborhood during the day .................................................. 1 2 3 4 5 6 In your neighborhood during the night .............................................. 1 2 3 4 5 6 In Bozeman’s downtown/commercial area during the day ................ 1 2 3 4 5 6 In Bozeman’s downtown/commercial area at night .......................... 1 2 3 4 5 6 In Bozeman’s major recreational areas (parks, trails, etc.) during the day ................................................................................... 1 2 3 4 5 6 In Bozeman’s major recreational areas (parks, trails, etc.) at night .... 1 2 3 4 5 6 3. How much of a problem, if at all, do you think these issues are in Bozeman? Major Moderate Minor Not a Don’t problem problem problem problem know Animal problems (animals running at large, barking dogs) ......................................... 1 2 3 4 5 Burglaries/thefts/robberies (any type, including auto, personal or residential) ........ 1 2 3 4 5 Child abuse ................................................................................................................... 1 2 3 4 5 Disorderly conduct (public intoxication, noise violations, etc.) .................................. 1 2 3 4 5 Domestic violence (adult) ............................................................................................ 1 2 3 4 5 Driving under the influence (i.e., alcohol or drugs) ..................................................... 1 2 3 4 5 Drug abuse (e.g., manufacture, sale, or use of illegal/prescription drugs) ................. 1 2 3 4 5 Elder abuse................................................................................................................... 1 2 3 4 5 Fraud/identity theft ..................................................................................................... 1 2 3 4 5 Financial crimes against elderly ................................................................................... 1 2 3 4 5 Gang activity ................................................................................................................ 1 2 3 4 5 Gun violence ................................................................................................................ 1 2 3 4 5 Hate crimes (e.g., because of race, religion, sexual orientation) ................................ 1 2 3 4 5 Homeless/transient-related problems (panhandling) ................................................. 1 2 3 4 5 Homicide (i.e., murder) ................................................................................................ 1 2 3 4 5 Human trafficking (i.e., forced labor or sexual exploitation) ...................................... 1 2 3 4 5 Litter ............................................................................................................................. 1 2 3 4 5 Mass shootings ............................................................................................................ 1 2 3 4 5 Not enough help from residents to make the community safer ................................. 1 2 3 4 5 Neighbor disputes ........................................................................................................ 1 2 3 4 5 Physical assault/fights .................................................................................................. 1 2 3 4 5 Poorly kept houses....................................................................................................... 1 2 3 4 5 Prostitution .................................................................................................................. 1 2 3 4 5 Residents not knowing enough about public safety issues in the community ........... 1 2 3 4 5 Racial/Ethnic tensions .................................................................................................. 1 2 3 4 5 Safety on public transit (e.g., bus, subway, rail, shared rides) .................................... 1 2 3 4 5 School safety (e.g., bullying, fighting, or weapons) ..................................................... 1 2 3 4 5 Sexual assault / rape (adult) ........................................................................................ 1 2 3 4 5 Strained Police Department-community relationships ............................................... 1 2 3 4 5 Traffic problems (e.g., residential speeding, aggressive drivers) ................................ 1 2 3 4 5 Unauthorized immigrants ............................................................................................ 1 2 3 4 5 Underage drinking ....................................................................................................... 1 2 3 4 5 Vandalism/graffiti ........................................................................................................ 1 2 3 4 5 58 264 The National Law Enforcement Survey™ • © 2018-2023 National Research Center The National Law Enforcement Survey™ Page 2 of 4 4. Please rate the job the Police Department does at each of the following in Bozeman. Don’t Excellent Good Fair Poor know Assisting victims of crime ................................................................................................. 1 2 3 4 5 Controlling juvenile crime ................................................................................................ 1 2 3 4 5 Communicating regularly with community members (e.g., in websites, emails or public meetings) .............................................................. 1 2 3 4 5 Crime prevention ............................................................................................................. 1 2 3 4 5 Drug enforcement............................................................................................................ 1 2 3 4 5 Emergency/disaster response (e.g., wildfires, hurricanes, etc.) ..................................... 1 2 3 4 5 Enforcing nuisance/code violations (e.g., loud music, abandoned cars, litter) .............. 1 2 3 4 5 Investigating crimes ......................................................................................................... 1 2 3 4 5 Inviting community members to provide input (e.g., comments, suggestions and concerns) .. 1 2 3 4 5 Maintaining public order ................................................................................................. 1 2 3 4 5 Managing political protests ............................................................................................. 1 2 3 4 5 Providing public information and education ................................................................... 1 2 3 4 5 Responding quickly to emergency calls for assistance .................................................... 1 2 3 4 5 Responding to community interactions with the homeless/transient population ......... 1 2 3 4 5 Showing residents how they can work together to make their neighborhood safer ..... 1 2 3 4 5 Traffic enforcement ......................................................................................................... 1 2 3 4 5 Working to increase school safety ................................................................................... 1 2 3 4 5 Working with people in your neighborhood to solve neighborhood problems ............. 1 2 3 4 5 5. How would you rate the overall quality of the services provided by the Police Department in Bozeman? Excellent Good Fair Poor Don’t know 6. Please rate Bozeman Police Department on the following. Don’t Excellent Good Fair Poor know Being trustworthy ............................................................................................................ 1 2 3 4 5 Acting in the best interest of the community .................................................................. 1 2 3 4 5 Treating all residents fairly .............................................................................................. 1 2 3 4 5 Caring about the well-being of the people they deal with .............................................. 1 2 3 4 5 Holding Police Department law enforcement officers accountable for their actions .... 1 2 3 4 5 Protecting individual civil rights ....................................................................................... 1 2 3 4 5 Being a positive influence in the community .................................................................. 1 2 3 4 5 Acting within the law ....................................................................................................... 1 2 3 4 5 Using the appropriate amount of force ........................................................................... 1 2 3 4 5 7. Please indicate about how many times, if ever, you were in contact with anyone from the Police Department in Bozeman over the last 12 months (if no contact in last 12 months, mark “0 times,” then skip to Question 10):  0 times  1-2 times  3-5 times  6-8 times  9 or more times 8. If you had contact, which of the following were reasons for your contact with the Police Department in the last 12 months? Please circle “No” or “Yes” for each. No Yes Called for or sought help from the Police Department .................................................................................. 1 2 Attended a safety or educational program (e.g., a civilian police academy or other program) .................... 1 2 Was arrested ................................................................................................................................................... 1 2 Was involved in a traffic accident ................................................................................................................... 1 2 Was in a motor vehicle that was stopped by the Police Department ............................................................ 1 2 Casual encounter (e.g., chatted with an officer on the street or at an event) .............................................. 1 2 Was considered a suspect in a crime or contacted as a suspicious person ................................................... 1 2 Encountered an officer at a school ................................................................................................................. 1 2 You or a household member were a victim of a violent crime in Bozeman .................................................. 1 2 You or a household member were a victim of a non-violent crime in Bozeman ........................................... 1 2 Reported a crime to the Police Department in Bozeman .............................................................................. 1 2 Reported an emergency such as a traffic crash or medical problem to the Police Department ................... 1 2 To compliment or complain about Police Department services ................................................................... 1 2 59 265 The National Law Enforcement Survey™ • © 2018-2023 National Research Center The National Law Enforcement Survey™ Page 3 of 4 9. Based on your most recent contact with a member of the Police Department, please rate each of the following aspects of the last employee with whom you had contact. Excellent Good Fair Poor Don’t know/NA Fairness .......................................................................................................... 1 2 3 4 5 Responsiveness to requests and/or needs .................................................... 1 2 3 4 5 Treating all people involved in a respectful manner ..................................... 1 2 3 4 5 Knowledge ..................................................................................................... 1 2 3 4 5 Timeliness of handling the situation .............................................................. 1 2 3 4 5 Resolution of concerns .................................................................................. 1 2 3 4 5 Overall impression of Bozeman Police Department staff member .............. 1 2 3 4 5 10. How much of a priority, if at all, should the Bozeman Police Department place on each of the following in the next two years? High Medium Low Not a Don’t priority priority priority priority Know Increasing prevention of juvenile crime ..................................................................1 2 3 4 5 Increasing drug enforcement ..................................................................................1 2 3 4 5 Enforcing nuisance/code violations (e.g., loud music, abandoned cars, litter) ......1 2 3 4 5 Increasing connections with the community (e.g., community forums, events, relationship building) .....................................1 2 3 4 5 Sharing more information with residents about law enforcement activities and public safety information ..............................................................................1 2 3 4 5 Assisting or dealing with the homeless/transient population.................................1 2 3 4 5 Increasing school safety/security ............................................................................1 2 3 4 5 Increasing traffic enforcement ................................................................................1 2 3 4 5 Working with residents to solve neighborhood problems ......................................1 2 3 4 5 Increasing training for law enforcement officers (e.g. de-escalation techniques, crisis management, mental health) ......................................................................1 2 3 4 5 Recruiting and hiring more diverse staff .................................................................1 2 3 4 5 Increasing the use of cameras (e.g., body cameras, in car cameras) ......................1 2 3 4 5 Increasing the use of technology (e.g., drones, electric weapons that are less lethal, etc.) .......................................................................................1 2 3 4 5 Hiring (more) mental health workers to assist with response to calls ....................1 2 3 4 5 11. Please indicate the extent to which you would support or oppose each of the following: Strongly Somewhat Somewhat Strongly Don’t support support oppose oppose know Hiring additional police officers to keep up with the growth of the city ........... 1 2 3 4 5 A Mill Levy to support the hiring of additional full-time police officers to the Bozeman Police Department ................................................................ 1 2 3 4 5 12. Please answer “No” or “Yes” for each of the following statements to indicate your level of familiarity with Bozeman Police Department resources and operations. No Yes I know how to contact the Bozeman Police Department ............................................................................... 1 2 I have visited the Bozeman Police Department’s website ............................................................................. 1 2 I follow the Bozeman Police Department on at least one of their social media channels............................. 1 2 I know where the Bozeman Police Department is located ............................................................................ 1 2 I know about the Citizen’s Police Academy .................................................................................................... 1 2 I know about community events hosted by the Bozeman Police Department.............................................. 1 2 I know where to obtain information regarding recent calls for service ......................................................... 1 2 I know how to obtain a copy of a case report ................................................................................................ 1 2 I am aware that the Bozeman Police Department uses body worn cameras ................................................ 1 2 I am aware that the Bozeman Police Department and Gallatin County Sheriff’s Office have a joint Special Response Team (SWAT team) ..................................................................................... 1 2 I am aware that Gallatin Mobile Crisis counselors respond with officers to calls involving mental health concerns, when appropriate ................................................................................................ 1 2 60 266 The National Law Enforcement Survey™ • © 2018-2023 National Research Center The National Law Enforcement Survey™ Page 4 of 4 Our last questions are about you and your household. Again, all of your responses to this survey are confidential and no identifying information will be shared. D1. Which best describes the building you live in?  Single-family detached home  Townhouse or duplex (may share walls but no units above or below you)  Condominium or apartment (have units above or below you)  Mobile home  Other D2. Is this house, apartment or mobile home...  Rented  Owned D3. Does your NEIGHBORHOOD have any of the following safety measures in place? Yes No Adequate lighting on your streets..................... 1 2 Gated neighborhood ......................................... 1 2 Neighborhood Security Guard/Gate monitor .......................................................... 1 2 Neighborhood Watch Signs ............................... 1 2 D4. Does your HOME have any of the following safety measures in place? Yes No Deadbolt locks on all exterior doors ................. 1 2 Locking mechanisms on windows/sliding glass doors .......................... 1 2 Adequate lighting around your property .......... 1 2 Home Security System without monitoring ...... 1 2 Home Security System with monitoring ........... 1 2 Even when at home, doors and garages are kept locked ................................. 1 2 D5. Do any children 17 or under live in your household?  No  Yes D6. Are you or any other members of your household aged 65 or older?  No  Yes D7. About how much do you anticipate your household’s total income before taxes will be for the current year? (Please include in your total income money from all sources for all persons living in your household.)  Less than $25,000  $100,000 to $149,999  $25,000 to $49,999  $150,000 to $199,999  $50,000 to $74,999  $200,000 to $299,999  $75,000 to $99,999  $300,000 or more D8. Are you of Hispanic, Latino/a/x, or Spanish origin?  No  Yes D9. What is your race? (Mark one or more races to indicate what race you consider yourself to be.) ❑ American Indian or Alaskan Native ❑ Asian ❑ Black or African American ❑ Native Hawaiian or Other Pacific Islander ❑ White ❑ A race not listed D10. In which category is your age?  18-24 years  55-64 years  25-34 years  65-74 years  35-44 years  75 years or older  45-54 years D11. What is your gender?  Woman  Man  Identify in another way → go to D11a D11a. If you identify in another way, how would you describe your gender?  Agender/I don’t identify with any gender  Genderqueer/gender fluid  Non-binary  Transgender man  Transgender woman  Two-spirit  Identify in another way D12. What is your zip code? ____ ____ ____ ____ ____ D13. How many years have you lived in Bozeman?  Less than 2 years  2-5 years  6-10 years  11-20 years  More than 20 years D14. What is your sexual orientation?  Heterosexual  Lesbian  Gay  Bisexual  Identify in another way → go to D14a D14a. If you identify in another way, how would you describe your sexual orientation?  Asexual  Questioning  Pansexual  Identify in another way  Queer 61 267 Memorandum REPORT TO:City Commission FROM:Krista Dicomitis of HRDC Heather Grenier of HRDC SUBJECT:Human Resources Development Council (HRDC) Needs Assessment MEETING DATE:September 19, 2023 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:Special Presentation STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND: HRDC conducts a Community Needs Assessment every three years to determine the underlying causes and conditions of poverty within Gallatin, Park and Meagher County. The Community Needs Assessment is the first phase in the development of HRDC's strategic plan, which outlines potential programs, partnerships and policies needed to address the unmet needs of the community as expressed by those in the community. Sharing this data with local governments, service partners and residents is a critical first step in ensuring a community-driven approach to addressing the greatest needs impacting the lives of those who work and reside here. UNRESOLVED ISSUES:None ALTERNATIVES:None Identified FISCAL EFFECTS:None Attachments: 2022_HRDC Community Needs Assessment.pdf 2023_Bozeman CNA Presentation.pdf Report compiled on: September 13, 2023 268 269 ACKNOWLEDGEMENTS AND OVERVIEW 3 METHODOLOGY AND RESPONDENT DATA 4 SERVICE AREA DEMOGRAPHIC &CENSUS DATA 8 Gallatin County 8 Park County 10 Meagher County 12 OVERALL ASSESSMENT 14 Housing 15 Mental Healthcare 15 Childcare 15 Food &Groceries 16 Healthcare 16 Transportation 17 Sense of Community 17 Senior Needs 18 Workforce Development 18 ASSESSMENT BY LOCATION 19 Bozeman-59715,59718 19 Belgrade-59714 21 Manhattan-59741 23 Three Forks-59752 24 Gallatin Gateway-59730 25 Big Sky-59716 26 West Yellowstone-59758 27 Gardiner-59030 28 Emigrant-59027 29 Livingston-59047 30 Clyde Park-59018 31 White Sulphur Springs-59645 32 ASSESSMENT BY DEMOGRAPHIC 33 Ethnicity 33 Age 35 Income 36 CLOSING THOUGHTS 37 APPENDICES 38 2 270 ACKNOWLEDGEMENTS AND OVERVIEW As a Community Action Agency,HRDC conducts a Community Needs Assessment every three years to determine the underlying causes and conditions of poverty within our service area.The Community Needs Assessment is the first phase in the development of our strategic plan,which outlines and identifies potential programs,partnerships or policies needed to address the unmet needs of the community.We cannot respond to the local needs of the residents and communities we serve without understanding existing community resources and how conditions change overtime.We believe in order to build a community where anybody and everybody can thrive,we must hear directly from those who are working and living here. The assessment is a compilation of survey and customer data,as well as census estimates and is designed to be a high level overview.The data reported on by residents of our service area is also compared to supplemental data sources provided by our community partners.Qualitative and quantitative sources include but are not limited to housing assessments,health needs assessments,community health improvement plans,and community outreach materials were utilized in the data analysis. HRDC serves three counties in Southwest Montana;Gallatin,Park and Meagher.Each county,city,and township we provide services in is unique and we recognize that one-size-fits-all approaches are not always effective in meeting the needs of our entire service area.That is why our needs assessment process is critical in gathering data that will inform the unique ways to support each city we work in. As Southwest Montana continues to grow and change,the involvement and engagement of our community is more important than ever.We are extremely grateful to our customers and community members who took the time to provide their insights by completing our needs assessment survey and/or participating in roundtable discussions.We appreciate the support of our community partners who were able to share meaningful data and offer feedback on the overall report alongside their own community-driven work. Last,but not least,we are incredibly grateful to our HRDC staff who develop solutions,provide resources and change lives every single day. 3 271 METHODOLOGY AND RESPONDENT DATA Data was collected via survey,with electronic and hard copy forms available in English and Spanish.The survey remained open for approximately four months with a total of 1,450 respondents across our 3-county service area. The average completion time was 12 minutes. FIGURE 1-HRDC’s service area of Southwest Montana The goal of the survey was to uncover the primary needs and barriers to stability community-wide and within families or for individuals.Quantitative methods were utilized to categorize types of need and determine level of severity.Needs were further broken down into specific degrees to better explain what exactly is missing in our communities by using qualitative coding and analysis.Further reviewing data based on location,age,income and ethnicity while comparing to Census data paints the best picture of what potential solutions HRDC and our partners can employ that are uniquely tailored to ensure all community members,regardless of status or geographic location, can find stability.Supplemental data used to further support the information provided via survey responses can be found in Appendix C (pg 38). 4 272 Approximately 75%of all respondents identified as female.22%identified as male with 1.5%of respondents identifying as non-binary or choosing not to answer. HRDC customer demographics for the last five years average 52%female,46% male and 2%non-binary. FIGURE 2–Respondents by gender The majority of respondents (84%) identified as caucasian or white. African American respondents made up 3%of total responses with all other racial groups representing approximately 2.5%of the total survey responses. HRDC’s customer representation has become more racially diverse over the past five years with the total numbers of customers in all racial minority categories increasing.Most notably,the Hispanic customer base of FIGURE 3-Respondents by race HRDC has increased 93%since 2017. 15%of respondents identified as Hispanic. 5 273 FIGURE 4-Respondents by monthly income Gross monthly income across respondents varied significantly with each of the top four income brackets being represented by approximately 12%of respondents.Income is frequently assessed by percentage of Area Median Income (AMI),or the midpoint of income distribution in a given location.An individual or family at 50%AMI would make 50%less than the median income for their geographic area and would be considered very low income.56%of respondents fall at or below 50%AMI and most respondents fall in a 2-person household (37%). COUNTY AMI COMPARISON (2023) Gallatin County Park County Meagher County Area Median Income 2 person household $84,200 $70,000 $67,200 50%AMI $42,100 $35,000 $33,600 50%AMI monthly income $3,500 $2,916 $2,800 6 274 FIGURE 5-Area Median Income comparison for Gallatin,Park and Meagher County FIGURE 6-Respondents by age HRDC serves individuals of all ages through a variety of programs such as early childhood education,senior grocery delivery and volunteer opportunities. The primary age group of respondents was 30-39 years of age (26%)followed by 40-49 (19%)and 22-29 (17%).This closely aligns with HRDC historical customer age breakdowns with the largest age group being 25-44 years of age. 7 275 SERVICE AREA DEMOGRAPHIC &CENSUS DATA ●We recognize those in our community who identify as transgender or non-binary.Decennial Census data did not include gender other than male or female ●Ethnicity differences between Hispanics and non-Hispanics were specifically highlighted due to Census count changes and customer demographic trends at HRDC ●Red numbers indicate lower income values and person in poverty compared to State Census data Gallatin County Location Population Median Income Individual Average Income Individual Median Income Families Average Income Families Persons in poverty Montana 1,084,225 $38,707 $55,835 $79,958 $103,786 11.9%(129,022) Gallatin County 118,960 $50,580 $68,611 $80,763 $128,287 10%(11,896) FIGURE 7-Gallatin County Census comparisons to the State Gallatin County is the second most populous county in Montana and 24th largest in square miles of land.The top three industries are: 1.Educational services,healthcare and social assistance (21.6%) 2.Arts,entertainment,recreation, accommodation and food service (13.2%) 3.Retail trade (13.1%) 8 276 Gallatin County housing data: Median home price:$810,000 Median rent,2-bedroom:$2,100 Income to afford median home price:$247,764 Median housing cost ratio:28.3% Percent of cost-burdened households 31.9%Unemployment rate (05/2023):1.9% GALLATIN COUNTY Bozeman Belgrade Manhattan Three Forks Gallatin Gateway Big Sky West Yellowstone Population 52,293 10,555 2,086 1,989 967 3,591 1,272 Median Income Individual $48,398 $54,613 $44,053 $49,091 $44,914 $55,409 $30,870 Average Income Individual $70,154 $60,542 $40,535 $51,489 $58,563 $76,950 $44,640 Median Income Families $94,980 $89,849 $101,542 $78,266 $103,250 $128,506 $80,608 Average Income Families $121,411 $115,616 $122,837 $84,813 $121,004 $160,242 $97,854 Persons in poverty 14.9% 7791 12% 1255 7% 146 7.6% 151 7.6% 73 8.5% 305 12.6% 160 Percent of HRDC customers (2022) 49.4%12.3%1.96%3.44%3.41%7.5%3.9% FIGURE 8-Cities and townships of Gallatin County Census comparisons 9 277 Park County Location Population Median Income Individual Average Income Individual Median Income Families Average Income Families Persons in poverty Montana 1,084,225 $38,707 $55,835 $79,958 $103,786 11.9%(129,022) Park County 17,191 $37,555 $57,790 $79,534 $96,183 12.6%(2166) FIGURE 9-Park County Census comparisons to the State Park County is the 11th most populous county in Montana out of 56 and 19th largest in square miles of land. According to Census data, the top three industries are: 1.Educational services, healthcare and social assistance (17%) 2.Arts,entertainment, recreation,accommodation and food service (14.1%) 3.Construction (13.2%) Park County housing costs: Median home price:$599,999 Median rent,2-bedroom:$1,850 Income to afford median home price:$196,152 Median housing cost ratio:25.0% Percent of cost-burdened households 30.1%Unemployment rate (05/2023):2.4% 10 278 PARK COUNTY Gardiner Emigrant Livingston Clyde Park Population 833 465 8,040 332 Median Income Individual $46,346 $40,764 $33,261 $46,354 Average Income Individual $53,655 n/a $45,403 $37,270 Median Income Families $89,013 $45,000 $71,389 $63,594 Average Income Families $94,832 $45,759 $81,960 $74,447 Persons in poverty 5.4% 44 30.3% 140 14.2% 1142 15.7% 52 Percent of HRDC customers (2022) 4.1%0%9.7%2.4% FIGURE 10-Cities and townships of Park County Census comparisons 11 279 Meagher County Meagher County is one of the least populous counties in Montana ranking 45th of 56,but is 26th largest in square miles of land. According to most recent Census data,the top three industries are: 1.Agriculture,forestry, fishing,hunting and mining (24.2%) 2.Retail trade (14.8%) 3.Construction (6.1%) Meagher County housing costs: Median home price:$550,000 Median rental,2-bedroom:$925 Income to afford median home price:$180,468 Median housing cost ratio:23.3% Percent of cost-burdened households:23.1%Unemployment rate (05/2023):2.2% 12 280 MEAGHER COUNTY Montana Meagher County White Sulphur Springs Population 1,084,225 1,927 955 Median Income Individual $38,707 $37,617 $37,969 Average Income Individual $55,835 $40,788 $42,408 Median Income Families $79,958 $66,207 $65,652 Average Income Families $103,786 $76,502 $70,163 Persons in poverty 11.9% 129,022 13.5% 260 8.5% 81 Percent of HRDC customers (2022) N/A N/A 1.2% FIGURE 11-Cities and townships of Meagher County Census comparisons 13 281 OVERALL ASSESSMENT FIGURE 12-Top six community and individual needs by all respondents Respondents were asked to rank their top three perceived community needs as well as the top three areas of need they or their families had difficulty with in the last year (Appendix B).There are stronger trends across the community level when compared to what families or individuals have struggled with.Variance will increase with a smaller population,which can be seen in the narrower margins of response for families or individuals. The top six needs community-wide and for individuals and families will be compared for all respondents,by geographic location,ethnicity,age,and income. Some needs were identified at the community level but not for individuals and families,and vice versa.An asterisk (*)next to the column label signifies that a need was not in the top six ranked challenges for both community and individuals.Lastly,it is important to recognize two needs that while not in the top six for overall community or family needs,continue to increase in severity each assessment cycle:senior support and workforce development. 14 282 Housing Degree of need:affordability Housing remains the greatest area of concern for communities and individuals. Nearly a quarter of all respondents stated that while they plan to live in their community long-term,they are uncertain if they will be able to.75%of these individuals identified affordable housing as the greatest need impacting their ability to remain in their current location. “I would need the cost of living to match the wages.As much as I love living here,it is difficult to live in an area where I cannot afford to purchase or rent a home.I don't know how much longer the trade off of not being able to afford the housing will be worth how much I love it here.” “If my rent increases again next year at the end of my lease term I will likely need to move away.I can't keep affording a $200 or more rental increase year to year.I have completely given up on the idea that I will ever buy a home here, regardless of making a decent wage.” In order to manage housing costs,22%of respondents reported needing to acquire a second job.18%were forced to add roommates or move in with family members to keep housing costs somewhat affordable. Mental Healthcare Degree of need:access Access to in-person counseling and mental health services was identified as the largest barrier to addressing mental health.This aligns with many other community health assessments including the Bozeman Equity Indicators report where 39%of citizens reported access to mental health as a severe community gap compared to other moderately ranked needs.Anxiety and depression were the two greatest mental health impacts reported on by individuals and families.48%of respondents reported the presence of anxiety while 46%reported impacts of depression in the last year. Youth specific counseling and treatment for addiction were also noted as limited. Childcare Degree of need:availability and quality A lack of available childcare slots was identified as the primary concern regarding childcare in the community.Quality of existing childcare was a close secondary concern.Many respondents specifically noted their choice to wait on having children due to the childcare gaps in the community: 15 283 “I don’t have kids and won’t in this town because of lack of quality,affordable child care and lack of quality education” “I do not have children,I am terrified to have children due to these issues.Child care is expensive,hard to find,and I can not afford to stay home.” On an individual level,nearly 70%of respondents stated they had not experienced difficulty with childcare related needs,a drastic contrast to the large community perception of gaps in childcare. “We do not have children of this age,but those that do,have very few or no options” “No childcare issues for me,but I know it's a huge problem” Food &Groceries Degree of need:affordability Over 37%of all respondents reported the cost of groceries being the largest burden for food and nutrition with 83%relying on grocery stores for food.42%of respondents resorted to reducing their overall living costs but avoiding eating at restaurants and/or cutting down on groceries.90 individuals were forced to forgo meals completely in the last year.The demand for HRDC food bank services has drastically increased at all three locations with over 65%of our customers accessing food and nutrition support. “The cost of items is shocking still to me.I have to weigh the product and the cost of that product.A lot of times I put the item back because I can not justify the cost in my mind.” “The high cost of food means I buy/eat less,every week it goes higher.I only get what I have to.I do not cook,and eating out is too much.” Healthcare Degree of need:affordability and quality and accessibility Healthcare emerged as a significantly higher need area compared to years prior, with a greater degree of complexity in what individuals have struggled with. Affordability was the greatest challenge with 31%of respondents noting the cost of co-payments,high deductibles plans and insurance premiums as most negatively impacting their day-to-day lives.However,it is important to highlight that quality (21%) 16 284 and accessibility (20%)were frequently mentioned in tandem with cost.Providers are booked out months at a time with many communities lacking specialists altogether, requiring significant time to travel for regular check-ups or emergencies. “We can access medical/dental care but need to drive 50-90 miles.” “Every dentist is booked almost a year out,my pcp is booked out 6 months…I've waited 7 months to see a women's specialist and still can't get in” Over 300 individuals reported avoiding check-ups and doctors appointments, even when sick or injured,in order to avoid costs. Transportation Degree of need:affordability and safety Cost of transportation was reported as the largest barrier in maintaining adequate transportation,specifically the price of gas and cost of car repairs.15%of respondents reported a lack of quality mechanics which has further contributed to overall costs.A new trend emerged with a significant increase in reported concern for safety of community transportation.Drivers disregarding traffic laws and unsafe bike lane and pedestrian access were mentioned by over 70 unique respondents. “We rarely drive to avoid buying gas.” “Drivers with seemingly entitled attitudes are beyond obeying basic traffic rules. Like they’re driving is the priority before basic traffic rules including stopping for pedestrians.” Sense of Community Sense of community is a need that has not been assessed in years prior,but one that surfaced in many of the locations HRDC serves.Specifically,there was a notable divide between locals and those having recently moved from out of state.Long-term residents reported having lost a feeling of sense of community given the dramatic growth,with some reporting feeling pushed out of their homes by wealthy new-comers.New residents reported feeling unwelcome and unaccepted by locals since they moved. “It feels like the money from the uber rich who are moving into this community and impacting all services should be distributed more equitably.All individuals deserve a safe, reasonably priced place to live and that benefits the whole community.” 17 285 “Not really discrimination per se,but I find people to be very condescending to me because I'm not from Montana.” Only 45%of respondents reported their community as being welcoming to all individuals.Race,sexual orientation,and socioeconomic status were the primary protected classes reported to receive the greatest degree of community inequity, followed by ethnicity. No difficulty with these issues Only eight total respondents,or 0.5%reported their community having no challenges or needs.At the individual level,16%of respondents reported not struggling with any of the need areas listed in the survey.Upon further examination of the data, 24%of the respondents who did select this response identified at least one,if not two need categories.Three primary needs selected for those who also reported not having any challenges were healthcare,mental healthcare and inclusivity/cultural awareness. Senior Needs According to the Census Bureau,30%of Montana’s population will be over age 60 by 2030.As of now,there is a significant gap in assisted living facilities,in particular in HRDC’s service area.With most seniors living on fixed incomes,the ability to remain secure and stable in the community versus feeling stretched thin financially becomes smaller each year as the cost of living only continues to rise.Healthcare for seniors becomes increasingly difficult with high dental costs and insurance premiums causing the biggest roadblocks to receiving care. Workforce Development Workforce Development has been an on-going topic of concern for Southwest Montana.Employers of all industries struggle deeply to retain and recruit staff while employees are unable to find wages that meet the high cost of living in the area.It is important to note that a high cost of living prohibits a workforce from developing and stabilizing over time.If there are no affordable housing options while costs of food, healthcare and childcare continue to rise,individuals and families are often left with no choice but to move away from the area in search of somewhere less expensive. “The cost of living HAS to go down.Housing is outrageous,which in term causes all of the workforce to move away or end up homeless,which snowballs rapidly into un-stocked shelves in grocery stores and businesses closing due to lack of staff,etc.All of this adds up to a miserable existence.” 18 286 ASSESSMENT BY LOCATION Bozeman-59715,59718 Population Male Female Ethnicity Hispanic Ethnicity non-Hispanic Primary Age Group 52,293 27,245 24,329 2,646 50,647 20-24 years FIGURE 13-Bozeman resident demographics FIGURE 14-Top six community and individual needs by Bozeman residents Housing unsurprisingly ranked as the top need at both the community and individual level for Bozeman residents.The housing crisis,while somewhat reduced since the spike of 2020,remains a significant challenge for the entire housing spectrum. Renters struggle to keep up with the constant hikes in monthly rent and current homeowners are struggling with high costs of Homeowner Associations Fees (HOA), home repair fees and property taxes.Those who would be considered first-time home buyers are all but priced out of the market due to a high cost of living that makes it difficult to save for a down payment needed for the median cost of homes in the area. 19 287 Mental healthcare needs have remained the 2nd biggest concern for the Bozeman community and 3rd ranked need for families and individuals the last two needs assessment cycles.Finding a mental healthcare provider who doesn’t have a full caseload or accepts most insurances poses the greatest difficulty for Bozeman residents. Childcare at the individual level (8%)was ranked significantly lower compared to the perceived community need (37.8%)which was a common trend across all geographic locations.Food and groceries was the 3rd greatest individual need for Bozeman respondents,which is a significant increase from the last assessment where it ranked 7th.At the community level,it also jumped up significantly from the 7th greatest concern to 4th.HRDC’s Gallatin Valley Food Bank in Bozeman has seen this drastic spike in need,with 137 new households accessing services just in March 2023.As of June 2023,over 1.5 million pounds of food have been distributed. Finding available physicians in a reasonable amount of time that are also in network poses the greatest barrier to supportive healthcare for Bozeman residents. Many specialty providers are no longer in the area,requiring travel to Billings,Missoula or out of the state completely.Transportation concerns were largely centered around traffic safety and concerns with downtown parking and driving congestion.Many Bozeman respondents noted the critical need for the expansion of public transportation services,calling for the passage of the Urban Transportation District as a solution for sustainable service. Bozeman’s population has increased more than 50%since 2010,which many attributed for the strain in a sense of community.The slower pace of Bozeman once felt has been replaced with more congestion,local businesses closing and a feeling of divide politically and socioeconomically. 20 288 Belgrade-59714 Population Male Female Ethnicity Hispanic Ethnicity non-Hispanic Primary Age Group 10,555 5,027 5,528 773 9,782 40-44 years FIGURE 15-Belgrade resident demographics FIGURE 16-Top six community and individual needs by Belgrade residents Belgrade respondents were closely aligned in community need and individual areas of challenge.Food and groceries greatly surpassed other individual needs for residents,with many respondents naming the need for more grocery options, specifically in the River Rock development.Mental healthcare community needs were tied 2nd with childcare,but ranked lower individually at 5th overall.Belgrade residents specifically spoke to the high cost of mental health services and the extended waitlists to get in for appointments. 21 289 Housing ranked 2nd individually,and once again 1st overall for the Belgrade community.Previously,many people living in Bozeman would move to Belgrade for a sense of financial relief,but this option is no longer viable with the median listing price at $635,000.Belgrade is developing quickly,but costs of homes and rental units continue to remain high and largely unattainable for first time buyers.Uncooperative and high priced HOA fees were also mentioned on multiple occasions by Belgrade residents.Transportation to and from healthcare appointments along with increased traffic safety near Belgrade school zones were the specific identified levels of need for transportation by residents. 22 290 Manhattan-59741 Population Male Female Ethnicity Hispanic Ethnicity non-Hispanic Primary Age Group 2,086 1,209 877 66 2,020 5-9 years-male 35-39 years-female FIGURE 17-Manhattan resident demographics FIGURE 18-Top six community and individual needs by Manhattan residents Cost of housing and food &groceries were ranked first,but inverse for community and individual/family level respectively while mental healthcare was significantly lower of an individual need compared to the perception of community gaps.Healthcare was tied with individual needs of housing,with most residents struggling to keep up with prescription costs or obtain regular care for chronic illnesses.No respondents reported difficulties with childcare personally.Finance management was unique to Manhattan respondents,with areas of concern including budget management,short-term loan assistance and debt management.Scheduling and obtaining affordable auto repairs was the greatest concern in transportation. 23 291 Three Forks-59752 Population Male Female Ethnicity Hispanic Ethnicity non-Hispanic Primary Age Group 1,989 987 1,002 78 1,911 60-64 years FIGURE 19-Three Forks resident demographics FIGURE 20-Top six community and individual needs by Three Forks residents Three Forks respondents were closely aligned with Manhattan respondents in having difficulties with housing second to food &groceries,followed by heathcare. Respondents noted that food costs are significantly higher than in Bozeman,but this then requires travel just to purchase less expensive items.Property tax increase was the most significant housing burden on residents,followed by energy bills.Three Forks respondents had one of the highest response rates for no difficulty with the needs described in the survey,but most described the need for more amenities and specialty services that don’t require significant travel to either Bozeman or Belgrade. 24 292 Gallatin Gateway-59730 Population Male Female Ethnicity Hispanic Ethnicity non-Hispanic Primary Age Group 967 499 468 55 912 5-9 years-male 50-54 years-female FIGURE 21-Gallatin Gateway resident demographics FIGURE 22-Top six community and individual needs by Gallatin Gateway residents Gallatin Gateway was one of the two unanimous responses for housing difficulties at the community level,with only 9%of individuals reporting similarly. Gateway respondents also had the highest percentage of those not having any challenges in the past year,tied with top need alongside costs of food and healthcare coverage.Also unique to the area is the community's need for greater inclusivity and cultural awareness.Senior needs also surfaced higher compared to most communities, with social engagement and more options for senior healthcare as top concerns. 25 293 Big Sky-59716 Population Male Female Ethnicity Hispanic Ethnicity non-Hispanic Primary Age Group 3,591 1,813 1,778 243 3,348 40-44 years-male 35-39 years-female FIGURE 23-Big Sky resident demographics FIGURE 24-Top six community and individual needs by Big Sky residents Big Sky was the only location where respondents had the same top six needs for individuals and families as well as the whole community.Housing affordability has continued to cause strain on permanent residents,but also on the seasonal workforce critical to the overall infrastructure and stability of Big Sky.Healthcare ranked the greatest need for individuals and families with over 60%of respondents reporting the high cost of services,followed by the challenges of seeking specialty physicians locally. Many respondents specifically noted their ability to stay in the area would be contingent on changes in childcare availability and education options for kids.With one primary road in and out of Big Sky,transportation remains in the top four needs of Big Sky with many noting the challenge of having to access more specialized services such as mental healthcare and less expensive food items in Bozeman. 26 294 West Yellowstone-59758 Population Male Female Ethnicity Hispanic Ethnicity non-Hispanic Primary Age Group 1,272 583 689 268 1,004 35-39 years-male 30-34 years-female FIGURE 25-West Yellowstone resident demographics FIGURE 26-Top six community and individual needs by West Yellowstone residents West Yellowstone respondents had the second highest report of community challenge in housing at 97%.Housing ranked second overall for families and individuals with a call for more affordable options.West Yellowstone was the only location to report senior needs within the top six areas of challenge,specifically noting the need for assisted living facilities and programs to enhance community connection.Healthcare was also mentioned frequently,with many respondents stating a lack of consistent healthcare providers makes it difficult to maintain regular check-ups.While transportation and public safety did not surface in the top six overall needs,many West Yellowstone residents highlighted the need for improved snow removal processes to better support walkability and to ensure safety for seniors. 27 295 Gardiner-59030 Population Male Female Ethnicity Hispanic Ethnicity non-Hispanic Primary Age Group 833 483 350 32 801 50-54 years FIGURE 27-Gardiner resident demographics FIGURE 28-Top six community and individual needs by Gardiner residents Gardiner residents ranked a lack of sense of community as a higher need at both the individual and community levels compared to any other location.Survey respondents also highlighted the concern of outside entities buying up significant plots of land and too many vacation rentals as the primary issues in inflated housing costs.Public safety was also a unique top rated need at both the community and individual level,which could be attributed to the flooding events occurring in Gardiner months before the survey was released.Childcare shortages and significant drops in school enrollment were another concern raised by Gardiner residents,with a fear that if affordable housing and cost of living is not addressed,families will continue to vacate the area and school enrollment could drop even further. 28 296 Emigrant-59027 Population Male Female Ethnicity Hispanic Ethnicity non-Hispanic Primary Age Group 465 207 258 14 451 20-24 years-male 30-34 years-female FIGURE 29-Emigrant resident demographics FIGURE 30-Top six community and individual needs by Emigrant residents Housing costs and childcare availability were tied for greatest community concerns in Emigrant while housing and mental healthcare were tied for largest family and individual needs.In regard to feeling a lack of a sense of community,respondents highlighted the need to invest in the current community and focus less on developing infrastructure that supports tourists only.Transportation needs were significantly higher at the individual level,with respondents noting the difficulty in obtaining timely and affordable vehicle repairs.Rising prices of groceries was the greatest concern for food. 29 297 Livingston-59047 Population Male Female Ethnicity Hispanic Ethnicity non-Hispanic Primary Age Group 8,040 3,970 4,070 270 7,770 40-44 years-male 25-29 years-female FIGURE 31-Livingston resident demographics FIGURE 32-Top six community and individual needs by Livingston residents Livingston respondents had the greatest spread in community versus individual and family needs.The only needs that ranked in the top 6 for both were housing and food &groceries,with 91%stating the immediate need for affordable housing options. Livingston residents ranked senior needs highest at both levels compared to all other communities,citing a major gap in assisted living.Many residents also reported the need for jobs that pay enough to cover the significant costs of housing in the area.The high rating for sense of community aligns with the CASPER survey taken in 2022,where 36.4%of respondents reported considering moving away from the area due to a significant change in the community culture. 30 298 Clyde Park-59018 Population Male Female Ethnicity Hispanic Ethnicity non-Hispanic Primary Age Group 332 167 165 10 322 65-69 years FIGURE 33-Clyde Park resident demographics FIGURE 34-Top six community and individual needs by Clyde Park residents Individual needs of Clyde Park residents are drastically different compared to local community needs and compared to other locations.Childcare was ranked 2nd overall for community need,but was not negatively impactful on families and individuals in the last year.Clyde Park was the only location where no residents reported struggling with housing,and where support for youth was identified as a gap in the community.For youth needs,residents unanimously reported a need for greater opportunities that ease college application and entrance,plus resources to support youth staying in college once admitted.Residents also reported highest on the need for greater individual inclusivity and cultural awareness,specifically citing the need for less divisive political perspectives. 31 299 White Sulphur Springs-59645 Population Male Female Ethnicity Hispanic Ethnicity non-Hispanic Primary Age Group 955 546 409 26 929 70-74 years-male 65-69 years-female FIGURE 35-White Sulphur Springs resident demographics FIGURE 36-Top six community and individual needs by White Sulphur Spring residents White Sulphur Springs respondents reported affordable housing as their greatest community need at 100%,while healthcare and food &groceries tied highest individually.Travel required for specialty services and obtaining a consistent general care physician have been the largest barriers to individual healthcare.Residents also stated their difficulty in obtaining quality,affordable fruits and vegetables,even though food &groceries needs at the community level were ranked lowest compared to all locations.Lastly,there is a major concern that workforce development is not sustainable,and that focus is primarily on short-term advances that will not contribute to long-term,stable jobs that also cover the cost of housing. 32 300 ASSESSMENT BY DEMOGRAPHIC Ethnicity FIGURE 37-Community need comparison by ethnicity The top three community level needs were ordered similarly between Hispanic and non-Hispanic respondents with a notably greater concern for housing amongst Non-Hispanics.Food &groceries ranked similarly between both respondent groups. When asked about perceived community safety (Appendix B),50%of Hispanic respondents agreed or strongly agreed their community is safe while over 80%of non-Hispanics responded the same way.Only 17%of Hispanic respondents disagreed that their community is welcoming to all,which is lower than the 34%of non-Hispanics respondents disagreeing or strongly disagreeing that their community is welcoming to all (Appendix B). 33 301 FIGURE 38-Individual and family need comparison by ethnicity Individual and family needs showed greater variation between Hispanic and non-Hispanic respondents.Only 10%of Hispanic respondents reported having no needs in the last year compared to 25%of non-Hispanic respondents. Workforce development and transportation were unique to the top 6 needs for Hispanic individuals and families. Respondents were asked how frequently they are able to provide the basic necessities for themselves and/or their family (Appendix B).29%of Hispanic respondents reported always being able to provide basic necessities which is significantly lower than the 64%response rate for non-Hispanic respondents.Income gaps were notable between groups with 77%of Hispanic respondents making less than $4000/month compared to 52%of non-Hispanic respondents.Barely 1%of Hispanic respondents reported making more than $8000/month,while 14%of non-Hispanic respondents recorded the same income. 34 302 Age Community Respondents ages 18-59 were closely aligned in primary community needs,ranking housing,mental healthcare,childcare/youth support,food & groceries and healthcare as the greatest concerns.The 6th perceived community need is where the greatest difference is shown between age groups: Age range 6th perceived community need 18 -21 years old Specialized Services 22 -29 years old Inclusivity &Cultural Awareness 30 -39 years old Transportation 40 -49 years old Transportation 50 -59 years old Workforce Development 60 years or older Senior Needs FIGURE 39-6th ranked community need based on age Individual Housing needs were reported at the individual level for all age groups except 18-21 year olds and were scored highest by 22-29 year olds.Housing needs are still considerably high for 30-59 year olds,with many respondents signaling the increase in property taxes over the years.Healthcare was reported individually across all age ranges and was ranked higher in overall need than prior HRDC needs assessments.18-21 and 30-39 year old respondents ranked healthcare as their greatest need with food &groceries as a close second.Food &groceries is the final commonality across all ages,also increasing in overall severity of need compared to prior assessments. Inclusivity and cultural awareness were only reported as a higher level community and individual need by respondents under 29 years of age,whereas respondents 40 years or older all reported a lack of community as a considerable personal need. 35 303 Income For a comparison of all respondents we will consider an average Area Median Income of $73,800 for Gallatin,Park and Meagher County (Appendix A). 50%AMI According to Housing and Urban Development (HUD),an individual or household at 50%Area Median Income (AMI)is considered very low income.The estimated annual income for 50%AMI in HRDC’s service area would equate to $36,900,or $3,075 gross monthly.$922 would be the maximum a person or family could pay on rent or housing before being cost burdened.37%of survey respondents would fall in this income bracket or lower with 23%identifying as Hispanic and 52%falling between ages 20-39. Housing ranked as the greatest need,both at the community level (81%) and for families and individuals (48.4%).Mental healthcare,food &groceries and healthcare were also ranked in the primary areas of concern for both.Childcare and inclusivity/cultural awareness were unique to community needs compared to transportation and finance management unique to families and individuals. 100%AMI The estimated annual income for 100%AMI would equate to $73,800,or $6,150 gross monthly.$1,845 would be the maximum a person or family could pay on rent or housing before being cost burdened.3.4%of survey respondents would fall in this income bracket,with only 13.4%making over 100%AMI.29%of respondents at 100%AMI identified as Hispanic,and the primary age group of this income bracket fall between 30-39 years of age. 91.7%of respondents at 100%AMI reported housing as the greatest community need,which is a deep contrast to only 16.3%having struggled personally with housing costs in the last year.A sense of community was ranked highest for individuals in this income bracket,followed by healthcare,mental healthcare food &groceries and childcare,which were also reported as top community level needs. Given aforementioned county housing data,individuals in either income bracket would be unable to purchase a home in their area and renters would all be considered cost-burdened. 36 304 CLOSING THOUGHTS It is critical to remember that every community is unique,and within each community are valued individuals who face a completely different set of circumstances and challenges.The issues impacting our communities at large are deeply intertwined and hardly ever stand alone.A lack of housing can impact the ability to buy groceries or pay for transportation needs,which can lead to negative physical and mental health consequences,all of which impact the workforce and engagement of a community. A final overall trend shared by residents of all ages,locations and income levels is the misconception that only low-income families and individuals are struggling.The ability for many to find financial stability and meet more than basic needs has become difficult to achieve without working multiple jobs or excessive hours.Even though many reported making what should be a living wage,the gap to cover cost of living has become too wide in our service area. The cost of living has increased so dramatically,eligibility requirements of many services no longer apply to individuals and families who need help,which makes the distance between insecurity and stability that much larger. “I am a caretaker for my father and special needs son,I shouldn’t have to work 2 jobs just to pay rent.That doesn’t even cover groceries or utilities,yet I am still over income levels for help,even with one job.” “Being a single person in this town is incredibly difficult and I feel we are often forgotten.I make a great wage for someone under 30 but I have never been able to hold less than 2 jobs and I don’t see that changing.It’s either live paycheck-to-paycheck or work 75+hours a week to get by somewhat comfortably.There are a lot of people struggling to get by.” No one entity can solve homelessness,hunger,or cost of living alone.It requires a deeply integrated community approach that will take time and engagement from everyone who lives,works and recreates here.A needs assessment is the first step in understanding where to start.We once again would like to thank those who took the time to complete our needs assessment survey and those who work tirelessly in pursuit of a strong and thriving community.For questions or concerns regarding the 2022 HRDC Community Needs Assessment,please contact Krista Dicomitis,Strategic Planning Officer at kdicomitis@thehrdc.org 37 305 APPENDICES APPENDIX A Definitions: Housing cost ratio:percent of total income spent on housing Cost-burdened:households spending more than 30%of total income on housing Calculations: PG 7: Income required for median home prices calculated with the following assumptions: ●30 year term ●7%interest ●5%down payment ●$0 debt ●1.1%property tax ●$200 Homeowner Association fee PG.34: Averaged Area Median Income across HRDC’s service area: $84,200 =100%AMI Gallatin County +$70,000 =100%AMI Park County +$67,200 =100%AMI Meagher County $221,400 ÷ 3 =$73,800 averaged AMI 38 306 APPENDIX B Sample survey questions: FIGURES 12-38: Question #3;multiple choice: Select the top three categories you believe are causing the most difficulty for your community at this time. Question $19;multiple choice: Select the top three categories of need that have caused the most difficulty for you and/or your family in the past year. PG 31-32: Question #8;Likert scale,strongly agree to strongly disagree: I feel safe in my community. Question #9;Likert scale,strongly agree to strongly disagree: My community is welcoming to all individuals,regardless of race, gender,religion,sexual orientation,ethnicity,age,socioeconomic status, appearance,etc. Question #14;Likert scale,always to never: Are you able to provide the basic necessities (e.g.food,rent, childcare,utilities)for you and/or for your family? Question $47;multiple choice: What is your MONTHLY household income after taxes and other deductions? 39 307 APPENDIX C Supplemental data: SOURCES: Bozeman Real Estate Group CASPER Survey-Park County City of Bozeman 2024 Budget Report Federal Reserve Economic Research Federal Reserve Bank Montana Workforce Experience report Gallatin Association of Realtors Headwaters Economics National Low Income Housing Coalition Northern Rocky Mountain Economic Development District CEDS United States Census Bureau Zillow PHOTOS: Park County Visit Bozeman Visit Meagher County 40 308 2022 Community Needs Assessment 309 The HRDC needs assessment examines needs or gaps between current and desired outcomes for communities and individuals living in Southwest Montana. We are comparing needs of: ●Cities and townships in our 3-county service area ●Perceived community needs to family needs ●Ethnicity ●Age ●Income 310 Methodology ●Survey distribution electronically and printed ○English and Spanish versions ●Quantitative data collected via multiple choice and Likert scale questions ●Qualitative data collected via open-ended questions ●Integrated analysis of cross-tabulation and quantitative coding 311 Service Area Demographics & Census Data Gallatin Park Meagher Median family income $50,580 $37,555 $37,617 Median individual income $80,763 $79,534 $66,207 Median 2-bed rental $2,100 $1,850 $925 Median home price $810,000 $599,999 $550,000 Income to afford median home $247,764 $196,152 $180,468 Median housing ratio 28.3%25%23.3% 312 313 Degree of Need ●Housing: affordability ●Mental Healthcare: access ●Childcare: affordability and quality ●Food & Groceries: affordability ●Healthcare: affordability, quality and accessibility ●Transportation: affordability and safety ●Sense of Community: division between locals/new comers ●*Senior Needs ●*Workforce Development 314 315 316 Memorandum REPORT TO:City Commission FROM:Kira Peters, Assistant City Manager SUBJECT:Ordinance 2147 Provisional Adoption of Regulations for Camping on City Right-of-way MEETING DATE:September 19, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION: I move to provisionally adopt Ordinance 2147, the Regulations for Camping on City Right-of-Way. 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: In 2018 the legal landscape concerning how municipalities in the 9 th Circuit regulated camping or “sit, sleep, lie” ordinances in their jurisdictions changed dramatically. Historically, most camping ordinances were misdemeanor offenses that carried the potential of a fine and/or jail time. The Martin v. Boise case held it unconstitutional to criminally punish a person who is experiencing homelessness for sitting, sleeping, or lying on public property when that person has no place else to go and there is no available shelter space. In 2022 the Johnson v. Grants Pass decision affirmed the holding in Boise and further stated that municipalities may not prohibit persons experiencing homelessness from taking necessary minimal measures to keep themselves warm and dry when they must sleep outside – including sleeping in vehicles. Both Boise and Grants Pass provide that municipalities may regulate times and locations where camping or sleeping etc. is not permitted so long as the regulations are consistent with the Constitution and holdings of these cases. In response to Boise and coupled with the pandemic, the City has not issued 317 camping citations or 72-hour parking citations to those experiencing homelessness. Over the last two years there has been an increase in the number of recreational vehicles, campers, vans, and other vehicles on the public right- of-way throughout the city where people are residing or using the right-of- way for additional storage. While the City must abide by the Boise and Grants Pass decisions, the city also has a responsibility to ensure that public rights-of-way, intended for the purposes of travel for all residents, are unencumbered, that street maintenance including snow removal can occur as needed, that solid waste or other waste does not accumulate impacting the health of residents or negatively impacting stormwater systems, and to balance community interests and concerns. Over the last two years, the city has been pulling from various authority in the municipal code and state law to request voluntary compliance from persons living on the right-of-way for basic standards of cleanliness and limiting obstructions in the right-of-way. Authority in both the municipal code and state law however were never intended to address the issues related to the unhoused living on the right-of-way and therefore are inadequate to properly address the concerns of residents and the responsibilities of the city. Some current codes carry criminal penalties or higher civil penalties, and while these codes are permissible to enforce under Boise and Grants Pass because they do not criminalize the act of camping, the city strives to codify a more compassionate enforcement approach. Proposed Ordinance 2147 seeks to provide reasonable time, place, manner restrictions for how those experiencing homelessness can legally camp on the city right-of-way and provides the city noncriminal enforcement tools when education, connection to services, and voluntary compliance is unsuccessful. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As directed by City of Bozeman Commission. FISCAL EFFECTS:Total Estimated Fiscal Year Impacts: $353,000 (Estimated cost of towing and street clean is $153,000 and estimated cost of two new positions to support education and compliance is $200,000) 318 Attachments: Regulations for Camping on City Right of Way Ordinance 2147.pdf 2023 City of Bozeman Street Clean Up Project Highlights .pdf Report compiled on: July 21, 2023 319 ORDINANCE 2147 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING REGULATIONS FOR CAMPING ON CITY RIGHT OF WAY. WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana law to establish programs and laws to protect public the health, safety and welfare of the residents of Bozeman; and WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, pursuant to §7-14-4101, MCA, the City has the authority to prevent the encumbering of streets, sidewalks, alleys or public grounds with obstacles or materials; and WHEREAS, the United States Supreme Court has long recognized that a municipality has the right to regulate the use of city streets to assure the safety and convenience of the people in their use, and further, that governmental authorities have the duty and responsibility to keep their streets open and available for movement (Cox v. Louisiana, 379 U.S. 536 (1965)); and WHEREAS, in 2019, the United States Ninth Circuit Court of Appeals (Ninth Circuit) issued its decision in Martin v. Boise, 920 F.3d 584 (9th Cir. 2019), holding in part that the Cruel and Unusual Punishments Clause of the Eighth Amendment “prohibits the imposition of criminal penalties for sitting, sleeping, or lying outside on public property for homeless individuals who cannot obtain shelter;” and WHEREAS, in 2022, the Ninth Circuit issued its decision in Johnson v. City of Grants Pass, 50 F.4th 787 (9th Cir. 2022), holding local ordinances violated the Eighth Amendment to the extent the ordinances prohibited individuals from taking minimal measures to keep warm and dry while sleeping (including sleeping in vehicles); and 320 WHEREAS, currently there are approximately 200 recreational vehicles, campers, vans and other vehicles on the public right-of-way throughout the city wherein people are residing or using the right-of-way for additional storage, and the Commission finds this Ordinance necessary to ensure the public rights-of-way intended for the purposes of travel for all residents are unencumbered, that street maintenance including snow removal can occur as needed, that solid waste or other waste does not accumulate impacting the health of residents or negatively impact stormwater systems, and to balance community interests and concerns; and WHEREAS it necessary for the health, safety, and welfare of all residents of the City and users of the public rights-of-way to align the municipal code with federal law and provide appropriate time, place and manner restrictions on the use of the public right-of-way for camping. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the Bozeman Municipal Code is amended as follows to add a new Article to Chapter 34: Article 9. Camping on Public Right-of-Way. Sec. 34.09.010 Definitions. A. The following words, terms and phrases, when used in this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. “Camping” or “camp” means to pitch, erect, create, inhabit, use, or occupy camp facilities in, or otherwise inhabit, the public right-of-way. 2. “Camp facility” or “camp facilities” include but are not limited to tents, huts, temporary shelters, structures, vehicles as defined in 36.01.020, recreational vehicles with or without motive power designed for use as temporary living quarters or camping, motor homes, camping trailers, tent trailers, truck campers, camper vans, structures, or any other item used for the purpose of camping. 3. “Involuntarily homeless” means a person that does not have the means to acquire their own shelter and who does not otherwise have access to shelter or transitional housing. 4. “Public right-of-way” means all real property (including property owned in fee or obtained through easement or dedication) administered by the city and which is used for transportation purposes, including streets, roads, bridges, alleys, sidewalks and boulevards, trails, paths, and other public ways. Sec. 34. 09.020 Camping on Public Right-of-Way is Prohibited. A. Camping on the public right-of-way within city limits is prohibited, except as provided in subsections B and C of this section. 321 B. A city employee with authority to enforce this article must refer an individual who is involuntarily homeless who is camping on the public right-of-way to an available shelter facility or other available temporary housing. Individuals who are involuntarily homeless may only camp on the public right-of-way when a shelter facility or other temporary housing is not available. C. If space in a shelter facility or other temporary housing is not available, a person camping on the public right-of-way must comply with the following: 1. Time: No camping may occur in the same location on the public right-of-way for more than five (5) consecutive days. No camp facilities may be located or used for camping in the same location or on the same street on the public right- of-way for more than five (5) consecutive days. After five (5) consecutive days a camp facility must be moved to a different named street. a. A person who is involuntarily homeless may apply to the city manager for written permission to exceed the length of time restrictions described above. b. Factors the city manager may consider in granting permission include but are not limited to the location of the camp facilities, the person’s employment status, site conditions, and the person’s connections to social services and the community. 2. Place: Camping on the public right-of-way is prohibited, regardless of the availability of shelter space, in the following locations: a. Adjacent to or immediately across from any parcel or lot containing a residential dwelling including lots or parcels with multi-household dwellings; b. Within 100 feet of a public entrance of any commercial business or non- profit organization; c. Adjacent to or immediately across from the boundary of any public park; d. Adjacent to or immediately across from any parcel or lot containing any public or private school, including secondary, elementary, or preschool, or any lot or parcel containing a daycare; e. Any location in violation of any posted parking signs or painted curbs prohibiting parking or otherwise limiting the hours of parking; f. Within a bike lane, street median, sidewalk, or public pathway or trail. 3. Manner: a. All camp facilities and their immediate area must be maintained in a clean and orderly manner. A clean and orderly manner includes, but is not limited to, all waste, debris and trash must be in a container and personal items, when not actively being used, must be stored inside a camp facility. b. No waste, sewage, debris, trash, personal items, or additional vehicles or trailers may be discarded of or stored in the right of way. 322 c. No fires are permitted within the public right-of-way. d. Only generators rated not to exceed 60 decibels are permitted to be operated on the right-of-way. Generators must be stored and located on a paved surface. Fuel must be in containers designed for the fuel stored therein. e. Camping on the paved surface of any street in a tent, tarp, or in only sleeping bags, blankets, or other rudimentary forms of protection from the elements, is prohibited. f. No structures may be built or maintained on the public right-of-way pursuant to 34.02.050. Sec. 34.09.030 Violations; penalties A violation of 34.09.020 shall be a municipal infraction pursuant to Chapter 24, Article 2 of this Code subject to the following: A. Each violation of 34.09.020 shall be punishable by a civil penalty of one hundred dollars. Each day a violation occurs constitutes a separate offense. B. If unsanitary conditions exist, the city may abate or cause to be abated any waste, debris, trash, structure, tent, property, or item in the public right-of-way by conspicuously posting a 72-hour notice of abatement. After the 72-hour notice period, any property remaining will be considered abandoned and subject to disposal. No notice is required to abate a condition impeding traffic or when the condition poses an imminent risk to public health or safety. C. The city may remove or cause to be removed any camp facility in violation of 34.09.020.C.2 after posting a notice on or near the camp facility for at least 24 hours prior to removal. No notice is required if the camp facility is impeding traffic or poses an imminent risk to public health or safety. D. In the event a camp facility belonging to an involuntarily homeless person is towed or impounded by the city, no fees will be associated with the first or second towing or impoundment. In the event the city tows or causes to be towed a camp facility belonging to an involuntarily homeless person three (3) or more times due to violations of this article, costs of towing and impoundment may be assessed against the owner. E. This Article may be enforced by any city law enforcement officer, code enforcement officer, parking enforcement officer or other employee upon written designation by the city manager. Determinations regarding abatement or emergency removal without notice shall be made by the director of transportation and engineering or their designee. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this Ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of 323 the City of Bozeman not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 3 Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. The provisions of Section 1 shall be codified as appropriate in Chapter 34 of the Bozeman Municipal Code. Section 6 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 8th day of August, 2023. ____________________________________ CYNTHIA L. ANDRUS 324 Mayor ATTEST: _______________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading at a regular session therefor held on the 22nd day of August 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 325 2023 Street Clean Up Highlights Street/Areas Cleaned Iron Horse Haggerty/Ellis 11th Street between Oak and Baxter Hemlock Nelson Meadows and Prince Max/Kimberwicke / Rawhide Ridge & Davis Quadrant Dates of Clean Up: May 22 through June 16, 2023 (week of May 22 was pre-clean notification to urban campers) Total Clean Up Costs: $51,174 Number of city employee hours worked: 629 Trash collected/disposed: 420 cubic yards of trash Contacts with urban campers: Approximately 150 Resources Unhoused on Public Rights of Way Belonging in Bozeman 326 Memorandum REPORT TO:City Commission FROM:Brit Fontenot, Economic Development Director SUBJECT:Appointment to the Economic Vitality Board MEETING DATE:September 19, 2023 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:I move to appoint Malory Peterson to the Economic Vitality Board to a term ending December 31, 2023. STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:The Economic Vitality Board has one position available due to resignation with a term expiring December 31, 2023. The City Clerks Office posted the vacant position online and ran a legal ad in the Bozeman Daily Chronicle. Applications were open and accepted until September 5, 2023. Two applications were received. An interview panel was held in conformance with Resolution 5323 on September 6 consisting of the Staff Liaison, Brit Fontenot, the Board Chair, Katy Osterloth, and the Commission Liaison, Commissioner Coburn. UNRESOLVED ISSUES:None ALTERNATIVES:As per Commission FISCAL EFFECTS:None Attachments: Malory Peterson.pdf Report compiled on: August 31, 2023 327 From:City of Bozeman, MT To:Agenda Subject:*NEW SUBMISSION* Citizen Advisory Board Application Date:Monday, May 15, 2023 3:57:11 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Citizen Advisory Board Application Submission #:2436454 IP Address:71.15.193.195 Submission Date:05/15/2023 3:56 Survey Time:18 minutes, 40 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Read-Only Content Applicant Information Full Name Malory Peterson Residential Address 406 N Wilson Ave Bozeman, MT 59715 Primary Phone 5412310588 Additional Phone Current Occupation Research Assistant Employer Montana State University Email malorykpeterson@gmail.com Which position are you applying for? Economic Vitality Board Do you live in City Limits? (Some positions do require you live within Bozeman city limits, while others do not.) Yes How long have you lived in the Bozeman Area? 328 1-5 years Have you ever served on a City or County Board or Commission? No Where, how long, and what Board? Please describe your professional and personal experiences, interest, and qualifications that make you a good fit for this board. I am a PhD student in community health and geography, with specific experience in strategic economic planning for Indigenous communities, community based participatory research, land use planning, and sustainable climate transformation in resource-dependent communities. As a low-income citizen in Bozeman, I am interested in building and maintaining equitable, evidence-based economic policies to benefit all residents. I have experience working at non-profit, county, and state levels. The City of Bozeman strongly values diversity, equity and inclusion (DEI). Describe any efforts you have engaged in to expand your understanding of DEI. I identify as a settle haole woman, an identity shaped by my childhood in the west, on tribal lands, and working in Hawai'i. As a researcher, I work to support community-driven, culturally-tailored health interventions among Dakota, Nakoda, Yup'ik, and Kalaallit tribal communities in Montana and the Arctic. My personal and professional work is rooted in decolonizing and social justice methodologies to reduce socioeconomic disparities rooted in racial, ethnic, and classist oppression. References Read-Only Content Reference #1 Full Name Jackson Bolstad Phone 4064805387 Email jacksonbolstad@gmail.com Section Break Reference #2 Full Name Elizabeth Rink Phone 4069943833 Email elizabeth.rink@montana.edu The Bozeman City Charter, voted in by the citizens of Bozeman in 2008, requires annual ethics training. If appointed, do you understand you will be expected to take online and in person ethics training? Yes How did you hear about this board or vacancy? Online Is there any other information that you feel we need to know? Read-Only Content Thank you, City Of Bozeman 329 This is an automated message generated by Granicus. Please do not reply directly to this email. 330