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04-16-24 City Commission Agenda and Packet Materials
A. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. FYI E. Commission Disclosures F. Consent F.1 Accounts Payable Claims Review and Approval (Armstrong) F.2 Authorize the City Manager to Sign a Notice of Award with Sime Construction for Westlake Park Improvements, and Final Documents Once Received(Jadin) F.3 Authorize City Manager to Sign Professional Services Agreement with Affion Public LLC for THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, April 16, 2024 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 1 Executive Recruitment Services(Tozer) F.4 Authorize the City Manager to Sign a Professional Services Agreement (PSA) with High Street Consulting LLC for the Bicycle and Pedestrian Gap Analysis project(Mastel) F.5 Authorize the City Manager to Sign an Addendum to the Professional Services Agreement with Sprout, Inc. Land & Hardscaping for Median and Grounds Maintenance Services(Yeykal) F.6 Authorize the City Manager to Sign an Addendum to the Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-Up, Winterization, and Maintenance Services(Yeykal) G. Public Comment H. Action Items H.1 Decision to Reclaim the Guthrie at 5th and Villard Site Plan and Commercial Certificate of Appropriateness, and Demolition Application 23354(Sullivan) H.2 Urban Farm Phase 2 Preliminary Plat Application with a Subdivision Variance to Section 38.400.010 BMC, to Subdivide Two Lots Zoned REMU and B-2M Totaling 86.44 Acres into a 39 Lot Major Subdivision for Residential, Commercial, Park, and Open Space Uses; Generally Located North of Huffine Lane, South of Fallon Street, and West of Cottonwood Road, Application 23039 (Quasi-Judicial)(Garber) I. Work Session I.1 U.S. Department of Housing and Urban Development (HUD) Consolidated Plan and Community Engagement Plan Work Session(Munfrada) J. FYI / Discussion K. Adjournment 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. Consider the Motion: Pursuant to 38.200.010.B.2, BMC, I move to reclaim Application 23354 and request the City Manager schedule the application for review by the Commission and provide notice to the public. 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 23039 and move to approve the subdivision and subdivision variance from Section 38.400.010 with conditions and subject to all applicable code provisions. 2 City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:April 16, 2024 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of claims as presented. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented to the City Commission within one year of the date the claims accrued. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. Please provide approval for checks dated April 17, 2024. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: March 13, 2024 4 Memorandum REPORT TO:City Commission FROM:Mitch Overton, Director of Parks and Recreation Addi Jadin, Park Planning and Development Manager SUBJECT:Authorize the City Manager to Sign a Notice of Award with Sime Construction for Westlake Park Improvements, and Final Documents Once Received MEETING DATE:April 16, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manger to Sign a Notice of Award with Sime Construction for Westlake Park Improvements, and Final Documents Once Received STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and active health programs and facilities. BACKGROUND:This contract enables Sime Construction to perform civil construction in Westlake Park as required to complete the Westlake Park Master Plan Improvements, Site Plan application 21335. After two rounds of unsuccessful bidding, Sanderson Stewart and City staff communicated with qualified contractors on the civil and landscaping elements of the Site Plan as separate bid packages. Sime will perform the civil aspects and another firm will be selected to complete the landscaping components. UNRESOLVED ISSUES:NA ALTERNATIVES:Per Commission FISCAL EFFECTS:Funding for the project draws from several sources: The City's portion comes from Cash-in-lieu of Parkland, Midtown Urban Renewal District funding, and the Parks and Trails District park improvement grant; BMX and SWMMBA have contributed through in-kind donations. Attachments: Westlake_Park_Notice_of_Award (1).pdf Westlake Park_Bid_Recommendation_040424.pdf Westlake Bid Tab_Sime.pdf 21335 Westlake Site Plan excerpt.pdf Report compiled on: March 28, 2024 5 EJCDC C-510 Notice of Award Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute. Page 1 of 1 Notice of Award Date: _______________ Project: Westlake Park Improvements Owner: City of Bozeman Owner's Contract No.: Contract: Civil improvements including mass grading, stormwater installation, asphalt and concrete paving, and block retaining wall. Engineer's Project No.: 18098.18 Bidder: SIME Construction Bidder's Address: 190 Ramshorn Drive, Bozeman, MT 59718 You are notified that your Bid dated January 17, 2024 for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for Base Bid – Westlake Park Improvements. The Contract Price of your Contract is Six Hundred Forty-Four Thousand, Two Hundred and Twenty-Six and 82/100 Dollars ($644,226.82). Four (4) copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award. Two (2) sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [15] days of the date you receive this Notice of Award. 1. Deliver to the Owner Four (4) fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01). 3. Other conditions precedent: Deliver with the executed Contract Documents the required insurance certificates. Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Bozeman Owner By: Authorized Signature Title Copy to Engineer 6 April 4, 2024 Ms. Addi Jadin Parks and Recreation Department City of Bozeman P.O. Box 1230 Bozeman, MT 59771 Reference: Bid Award Recommendation Westlake Park Improvements Project No. 18098.18 Dear Addi: On May 20 and May 27, 2023, the above referenced project was publicly advertised with no bids received. On July 1 and July 8, 2023, the above referenced project was publicly advertised for a second time with no bids received. Following two public bidding processes with no bids received, a limited solicitation was pursued with the option for civil elements and landscape elements to be bid separately. Two bids were received, although not all bid items were included by both contractors. Listed below is a summary of the provided bids only comparing the Base Bid items that were provided on both bids relative to the engineer’s opinion of probable cost: Bidder Base Bid SIME Construction $644,226.82 K2 Ventures $734,446.68 Engineer’s Opinion of Probable Cost $402,555.67 Based on this review and the funding currently available for the project, Sanderson Stewart recommends that the City of Bozeman move forward with a contract award to SIME Construction for the base bid items provided in the amount of $644,226.82. Additional items from the bid form may be added to the contract as a change order or a separate contract as bidding continues for the remaining items in the project. Attached are copies of the bid tabulation and the signed bid documents from SIME Construction. Please call if you have any questions or would like further information. Sincerely, Danielle Scharf, PE, PTOE, LEED AP Principal|Western Montana Region Manager 7 Ms. Addi Jadin Parks and Recreation Department City of Bozeman P.O. Box 1230 Bozeman, MT 59771 Attachments: Bid Tabulation Copy of Bid Documents P:18098_18_Westlake Park_Bid_Recommendation_040224 8 PAGE 1 OF 4 BID TABULATION4/8/2024PROJECT: Westlake Park Improvements BID DATE:S.S. PROJECT NO.:18098.18BID TIME:BY: Sanderson StewartFOR: City of Bozeman Parks & RecUNIT TOTAL UNIT TOTAL UNIT TOTALITEM EST. UNIT PRICE PRICE PRICE PRICE PRICE PRICENO. QTY. DESCRIPTION $ $ $ $ $ $BASE BID - WESTLAKE PARK IMPROVEMENTS101 1 L.S. Mobilization and Insurance$49,255.67/ L.S. = 49,255.67 $42,499.75 / L.S. = 42,499.75 $29,500.00 / L.S. = 29,500.00102 1 L.S. Stormwater Management and Erosion Control $12,000.00 / L.S. = 12,000.00 $10,245.00 / L.S. = 10,245.00 $14,750.00 / L.S. = 14,750.00103 1 L.S. Construction Survey Staking $13,000.00 / L.S. = 13,000.00 $7,500.00 / L.S. = 7,500.00 / L.S. = 0.00104 1 L.S. Tree Protection $2,500.00 / L.S. = 2,500.00 $15,705.00 / L.S. = 15,705.00 $9,000.00 / L.S. = 9,000.00105 2,000 C.Y. Soil (import fill) $30.00 / C.Y. = 60,000.00 $21.25 / C.Y. = 42,500.00 $27.50 / C.Y. = 55,000.00106 1,450 S.F. Redi-Rock Retaining Wall $85.00 / S.F. = 123,250.00 $126.27 / S.F. = 183,091.50 $117.75 / S.F. = 170,737.50107 164 L.F. Storm Drain Pipe (30" PVC) $100.00 / L.F. = 16,400.00 $434.52 / L.F. = 71,261.28 $179.50 / L.F. = 29,438.00108 2 E.A. Storm Drain Manholes $5,165.00 / E.A. = 10,330.00 $16,337.00 / E.A. = 32,674.00 $6,500.00 / E.A. = 13,000.00109 1 L.S. Stormtech Chamber Storage $15,000.00 / L.S. = 15,000.00 $103,934.00 / L.S. = 103,934.00 $81,825.57 / L.S. = 81,825.57110 1 L.S. Utilities (water line abandonment) $1,500.00 / L.S. = 1,500.00 $41,526.25 / L.S. = 41,526.25 $25,980.00 / L.S. = 25,980.00111 3,865 S.F. Concrete Flatwork $8.00 / S.F. = 30,920.00 $13.30 / S.F. = 51,404.50 $20.15 / S.F. = 77,879.75112 380 S.Y. Asphalt Paving $30.00 / S.Y. = 11,400.00 $111.33 / S.Y. = 42,305.40 $70.60 / S.Y. = 26,828.00113 140 C.Y. Soil Amendment $0.60 / C.Y. = 84.00 $62.25 / C.Y. = 8,715.00 / C.Y. = 0.00114 45,423 S.F. Lawn Hydroseeding $0.30 / S.F. = 13,626.90 $0.22 / S.F. = 9,993.06 / S.F. = 0.00115 27 E.A. Trees $500.00 / E.A. = 13,500.00 $750.00 / E.A. = 20,250.00 / E.A. = 0.00116 9 E.A. 1 Gallon Shrubs $25.00 / E.A. = 225.00 $50.00 / E.A. = 450.00 / E.A. = 0.00117 12 C.Y. Bark Mulch $50.00 / C.Y. = 600.00 $250.00 / C.Y. = 3,000.00 / C.Y. = 0.00118 22 C.Y. Crusher Fines $20.00 / C.Y. = 440.00 $295.03 / C.Y. = 6,490.66 / C.Y. = 0.00119 95 L.F. Metal Fencing (start hill) $60.00 / L.F. = 5,700.00 $592.15 / L.F. = 56,254.25 / L.F. = 0.00120 85 L.F. Chain Link Fence (repair/replace) $20.00 / L.F. = 1,700.00 $79.80 / L.F. = 6,783.00 / L.F. = 0.00121 16 L.F. Landscape Edging $6.75 / L.F. = 108.00 $25.00 / L.F. = 400.00 / L.F. = 0.00122 4 C.Y. Topsoil (amended soil for planting beds) $45.00 / C.Y. = 180.00 $187.50 / C.Y. = 750.00 / C.Y. = 0.00123 1 L.S. Irrigation (mainline, zones, etc.) $20,000.00 / L.S. = 20,000.00 $42,500.00 / L.S. = 42,500.00 / L.S. = 0.00124 1 L.S. Unclassified Excavation $30,000.00 / L.S. =30,000.00 $57,300.00 / L.S. = 57,300.00 $70,288.00 / L.S. = 70,288.00125 1 L.S. Miscellaneous Work Item $40,000.00 / L.S. = 40,000.00 $40,000.00 / L.S. = 40,000.00 $40,000.00 / L.S. = 40,000.00$471,719.57 $897,532.65 $644,226.82N/AENGINEER'S ESTIMATESUBTOTAL - BASE BID - WESTLAKE PARK IMPROVEMENTSN/AK2 Ventures SIME Construction106 E Babcock St Suite L1 Bozeman, Montana 59715 Phone 406.522.9876 www.sandersonstewart.com9 PAGE 2 OF 4 BID TABULATION4/8/2024PROJECT: Westlake Park Improvements BID DATE:S.S. PROJECT NO.:18098.18BID TIME:BY: Sanderson StewartFOR: City of Bozeman Parks & RecUNIT TOTAL UNIT TOTAL UNIT TOTALITEM EST. UNIT PRICE PRICE PRICE PRICE PRICE PRICENO. QTY. DESCRIPTION $ $ $ $ $ $BASE BID - WESTLAKE PARK IMPROVEMENTSN/AENGINEER'S ESTIMATEN/AK2 Ventures SIME ConstructionADDITITVE ALTERNATE NO. 1 - LANDSCAPING ADJACENT TO MOUNTAIN BIKE START HILLS1-101 1 L.S. Mobilization and Insurance $1,707.75 / L.S. = 1,707.75 $1,317.50 / L.S. = 1,317.50 / L.S. = 0.001-102 62 E.A. 5 Gallon Shrubs $40.00 / E.A. = 2,480.00 $112.50 / E.A. = 6,975.00 / E.A. = 0.001-103 81 E.A. 1 Gallon Shrubs $25.00 / E.A. = 2,025.00 $50.00 / E.A. = 4,050.00 / E.A. = 0.001-104 92 E.A. 4" Pot Groundcovers $15.00 / E.A. = 1,380.00 $22.50 / E.A. = 2,070.00 / E.A. = 0.001-105 87 C.Y. Topsoil $45.00 / C.Y. = 3,915.00 $115.00 / C.Y. = 10,005.00 / C.Y. = 0.001-107 1 L.S. Drip Irrigation Zone $2,931.25 / L.S. = 2,931.25 $1,750.00 / L.S. = 1,750.00 / L.S. = 0.001-108 1 L.S. Miscellaneous Work Item $1,500.00 / L.S. = 1,500.00 $1,500.00 / L.S. = 1,500.00 / L.S. = 0.00$15,939.00 $27,667.50 $0.00ADDITITVE ALTERNATE NO. 2 - TREES EAST OF MOUNTAIN BIKE TRACK2-101 1 L.S. Mobilization and Insurance $844.50 / L.S. = 844.50 $537.50 / L.S. = 537.50 / L.S. = 0.002-102 10 E.A. Trees $500.00 / E.A. = 5,000.00 $750.00 / E.A. = 7,500.00 / E.A. = 0.002-103 1 L.S. Drip Irrigation Zone $537.50 / L.S. = 537.50 $1,750.00 / L.S. = 1,750.00 / L.S. = 0.002-104 1 L.S. Miscellaneous Work Item $1,500.00 / L.S. = 1,500.00 $1,500.00 / L.S. = 1,500.00 / L.S. = 0.00$7,882.00 $11,287.50 $0.00ADDITITVE ALTERNATE NO. 3 - SITE FURNISHINGS3-101 1 L.S. Mobilization and Insurance $2,472.00 / L.S. = 2,472.00 $1,748.33 / L.S. = 1,748.33 / L.S. = 0.003-102 1 E.A. Drinking Fountain with Bottle Filler $13,500.00 / E.A. = 13,500.00 $21,598.00 / E.A. = 21,598.00 / E.A. = 0.003-103 1 E.A. Bike Repair Station and Pump $1,600.00 / E.A. = 1,600.00 $5,226.25 / E.A. = 5,226.25 / E.A. = 0.003-104 2 E.A. Bench $2,000.00 / E.A. = 4,000.00 $3,321.25 / E.A. = 6,642.50 / E.A. = 0.003-105 1 L.S. Miscellaneous Work Item $1,500.00 / L.S. = 1,500.00 $1,500.00 / L.S. = 1,500.00 / L.S. = 0.00$23,072.00 $36,715.08 $0.00SUBTOTAL - ADDITIVE ALTERNATE NO. 1SUBTOTAL - ADDITIVE ALTERNATE NO. 2SUBTOTAL - ADDITIVE ALTERNATE NO. 3106 E Babcock St Suite L1 Bozeman, Montana 59715 Phone 406.522.9876 www.sandersonstewart.com10 PAGE 3 OF 4 BID TABULATION4/8/2024PROJECT: Westlake Park Improvements BID DATE:S.S. PROJECT NO.:18098.18BID TIME:BY: Sanderson StewartFOR: City of Bozeman Parks & RecUNIT TOTAL UNIT TOTAL UNIT TOTALITEM EST. UNIT PRICE PRICE PRICE PRICE PRICE PRICENO. QTY. DESCRIPTION $ $ $ $ $ $BASE BID - WESTLAKE PARK IMPROVEMENTSN/AENGINEER'S ESTIMATEN/AK2 Ventures SIME ConstructionADDITITVE ALTERNATE NO. 4 - BMX RETAINING WALL AND LANDSCAPING4-101 1 L.S. Mobilization and Insurance $1,327.83 / L.S. = 1,327.83 $1,293.00 / L.S. = 1,293.00 $750.00 / L.S. = 750.004-102 95 S.F. Redi-Rock Retaining Wall $85.00 / S.F. = 8,075.00 $126.27 / S.F. = 11,995.65 $117.75 / S.F. = 11,186.254-103 38 L.F. Landscape Edging $6.75 / L.F. = 256.50 $25.00 / L.F. = 950.00 / L.F. = 0.004-104 1 C.Y. Bark Mulch $50.00 / C.Y. = 50.00 $450.00 / C.Y. = 450.00 / C.Y. = 0.004-105 9 E.A. 5 Gallon Shrubs $40.00 / E.A. = 360.00 $112.50 / E.A. = 1,012.50 / E.A. = 0.004-106 10 E.A. 1 Gallon Shrubs $25.00 / E.A. = 250.00 $50.00 / E.A. = 500.00 / E.A. = 0.004-107 1 L.S. Drip Irrigation Zone $258.75 / L.S. = 258.75 $1,750.00 / L.S. = 1,750.00 / L.S. = 0.004-108 7 C.Y. Topsoil $45.00 / C.Y. = 315.00 $137.50 / C.Y. = 962.50 / C.Y. = 0.004-109 1 L.S. Miscellaneous Work Item $1,500.00 / L.S. = 1,500.00 $1,500.00 / L.S. = 1,500.00 $1,500.00 / L.S. = 1,500.00$12,393.08 $20,413.65 $13,436.25ADDITITVE ALTERNATE NO. 5 - MOUNTAIN BIKE TRACK PERIMETER FENCING5-101 1 L.S. Mobilization and Insurance $1,080.00 / L.S. = 1,080.00 $1,913.00 / L.S. = 1,913.00 / L.S. = 0.005-102 600 L.F. Split Rail Fence $12.00 / L.F. = 7,200.00 $53.76 / L.F. = 32,256.00 / L.F. = 0.005-103 1 E.A. Gate $300.00 / E.A. = 300.00 $4,000.00 / E.A. = 4,000.00 / E.A. = 0.005-104 1 L.S. Miscellaneous Work Item $1,500.00 / L.S. = 1,500.00 $1,500.00 / L.S. = 1,500.00 / L.S. = 0.00$10,080.00 $39,669.00 $0.00ADDITITVE ALTERNATE NO. 6 - CONCRETE BLEACHER PADS6-101 1 L.S. Mobilization and Insurance $1,408.80 / L.S. = 1,408.80 $1,017.20 / L.S. = 1,017.20 $1,400.00 / L.S. = 1,400.006-102 1,280 S.F. Concrete Flatwork $8.00 / S.F. = 10,240.00 $14.73 / S.F. = 18,854.40 $20.60 / S.F. = 26,368.006-103 1 L.S. Miscellaneous Work Item $1,500.00 / L.S. = 1,500.00 $1,500.00 / L.S. = 1,500.00 $15,000.00 / L.S. = 15,000.00$13,148.80 $21,371.60 $42,768.00TOTAL PROJECT$554,234.45$1,054,656.98$700,431.07SUBTOTAL - ADDITIVE ALTERNATE NO. 4SUBTOTAL - ADDITIVE ALTERNATE NO. 5SUBTOTAL - ADDITIVE ALTERNATE NO. 6106 E Babcock St Suite L1 Bozeman, Montana 59715 Phone 406.522.9876 www.sandersonstewart.com11 PAGE 4 OF 4 BID TABULATION4/8/2024PROJECT: Westlake Park Improvements BID DATE:S.S. PROJECT NO.:18098.18BID TIME:BY: Sanderson StewartFOR: City of Bozeman Parks & RecUNIT TOTAL UNIT TOTAL UNIT TOTALITEM EST. UNIT PRICE PRICE PRICE PRICE PRICE PRICENO. QTY. DESCRIPTION $ $ $ $ $ $BASE BID - WESTLAKE PARK IMPROVEMENTSN/AENGINEER'S ESTIMATEN/AK2 Ventures SIME Construction90.3% 26.4%106 E Babcock St Suite L1 Bozeman, Montana 59715 Phone 406.522.9876 www.sandersonstewart.com12 4L1.54L1.45L1.4CF CRUSHER FINESC PUMP TRACK CLAYSA SHRUB AREA / CRUSHED AGGREGATE MULCH - 3" DEPTHECOBLOCKEXISTING FENCINGPROPOSED FENCINGLIMITS OF DISTURBANCEALTERNATE BID - UPPER MOUNTAIN BIKE START HILLEXISTING DECIDUOUS TREEEXISTING CONIFEROUS TREEEXISTING SHRUB030 SCALE: 1" = 30'6015 30 UULC FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION ---- SITE PLAN WESTLAKE PARK IMPROVEMENTS WESTLAKE PARK, BLOCK 1, WESTLAKE'S FOURTH SUBDIVISION BOZEMAN, MONTANAL1.0EJS 18098_18_LS PROD.DWG ALM 08/03/21 1ST SP SUBMITTAL 09/27/22 12/27/22 - - - - 2ND SP SUBMITTAL 3RD SP SUBMITTAL - - - - - - 18098.18 SITE PLAN NOTES1. THE EXISTING BMX TRACK IS TO REMAIN IN PLACE WITH NO WORK TO OCCUR WITHIN THE EXISTING TRACK AT THIS TIME.2. THE EXISTING MOUNTAIN BIKE COURSE WILL BE RE-GRADED AND RE-LOCATED AS SHOWN ON THE PLANS.3. FINAL JUMP GRADES OF THE COURSE TO BE COMPLETED BY SWMMBA AND THEIR TEAM. GRADING SHOWN IS APPROXIMATEAND FOR QUANTITY PURPOSES OF PERMITTING ONLY, NOT FOR FINAL CONSTRUCTION.4. PLAZA IS PROPOSED ALL NEW SURFACE. FINAL COLOR AND LOCATION OF CONCRETE TO ASPHALT PATH CHANGE TO BEDETERMINED DURING FINAL DESIGN.5. EXISTING STORM WATER SYSTEM TO REMAIN AND BE PRESERVED.6. EXISTING SIDEWALK ALONG 5TH TO BE SAVED AND PROTECTED DURING CONSTRUCTION.7. EXISTING POWER SERVICE TO BE RE-LOCATED DURING CONSTRUCTION OF NEW MOUNTAIN BIKE COURSE.8. EXISTING CHILDREN'S GARDEN TO BE PRESERVED AND PROTECTED DURING CONSTRUCTION.LEGENDp:\18098_18_westlake_bmx_track_landscape_&_design\CADD_C3D\production_dwg\18098_18_LS PROD.dwg, SITE PLAN, 12/27/2022 2:34:12 PM, amartoncik, 1:1 13 FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION CIVIL DETAILS WESTLAKE PARK IMPROVEMENTS WESTLAKE PARK, BLOCK 1, WESTLAKE'S FOURTH SUBDIVISION BOZEMAN, MONTANAC5.0EJS 18098_18_DETAILS.DWG ALM 08/03/21 1ST SP SUBMITTAL 09/27/22 12/27/22 - - - - 2ND SP SUBMITTAL 3RD SP SUBMITTAL - - - - - - 18098.18 p:\18098_18_westlake_bmx_track_landscape_&_design\CADD_C3D\production_dwg\18098_18_DETAILS.dwg, C5.0 CIVIL DETAILS, 12/27/2022 2:40:32 PM, amartoncik, 1:1 14 Memorandum REPORT TO:City Commission FROM:Cassandra Tozer, Human Resources Director SUBJECT:Authorize City Manager to Sign Professional Services Agreement with Affion Public LLC for Executive Recruitment Services MEETING DATE:April 16, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign PSA between the City of Bozeman and Affion Public LLC for executive recruitment services for the position of Assistant City Manager. STRATEGIC PLAN:7.2 Employee Excellence: Recruit, retain and value a diverse, well-trained, qualified and motivated team capable of delivering superior performance. Be accountable and expect accountability from others. Make demonstrated use of good judgement a part of the evaluation process for promotions. BACKGROUND:It is the City's intention to fill one of the vacant Assistant City Manager positions at this time. The City will be utilizing an Executive Search firm to conduct a nationwide recruitment to fill this position. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:$28,000. To be absorbed within current FY24 budget. Attachments: PSA - ACM 2024.docx.pdf Affion Public LLC - Scope of Services for ACM 2024.pdf Report compiled on: April 1, 2024 15 Professional Services Agreement for Executive Recruitment Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 27th day of March, 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, Affion Public, PO Box 794, Hershey, PA 17033, 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 unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of 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, DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 16137 Professional Services Agreement for Executive Recruitment Page 2 of 10 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 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 DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 17138 Professional Services Agreement for Executive Recruitment Page 3 of 10 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. 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 DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 18139 Professional Services Agreement for Executive Recruitment Page 4 of 10 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on 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. DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 19140 Professional Services Agreement for Executive Recruitment Page 5 of 10 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as 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 DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 20141 Professional Services Agreement for Executive Recruitment Page 6 of 10 Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Cassandra Tozer, Human Resources Director, 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 Scott Reilly, CEO, 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 DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 21142 Professional Services Agreement for Executive Recruitment Page 7 of 10 Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 22143 Professional Services Agreement for Executive Recruitment Page 8 of 10 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 23144 Professional Services Agreement for Executive Recruitment Page 9 of 10 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 24145 Professional Services Agreement for Executive Recruitment Page 10 of 10 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Winn, Acting City Manager Print Name: Scott Reilly Print Title: CEO APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 Scott Reilly 25146 Delivering Leaders We deliver leaders. Our executive recruiting specialists have national contacts within the public sector and professional organizations – allowing us to find a broad range of talent. We rigorously qualify and investigate each candidate. We won’t just pull names out of a database. When we are finished, you will have candidates that meet or exceed your expectations. Affion Public, LLC @Affionpublic affionpublic 26 03/11/2024 Cassandra Tozer Human Resources Director City of Bozeman 121 North Rouse Avenue - P.O. Box 1230 Bozeman, MT 59771-1230 Dear Cassie, Thank you for the opportunity to submit our offer of executive search and recruiting services for the Assistant City Manager position. Affion Public is an executive search firm specializing in identifying and placing exceptional executive-level candidates within the public sector. With a successful track record in placing public sector executives, we pride ourselves on developing strong working relationships with our clients. Our partnership approach and high-quality work ensure that our clients receive the level of attention and service they deserve. Our search process and collaborative approach have enabled Affion Public to conduct multiple successful searches for the majority of our clients. What sets us apart is our commitment to finding the best candidates, both passive and active, who will meet the specific needs of our clients. This approach allows us to provide a tailored pool of candidates, rather than recycling the same ones search after search. Additionally, our dedication to diversity and success in targeting minority candidates further distinguishes us from other firms. On behalf of Affion Public, we would be thrilled to be your firm of choice. Please feel free to contact me directly at 717-576-9847 or via email at reilly@affionpublic.com. I look forward to speaking with you soon. Best Regards, Scott Reilly CEO, Affion Public Corporate Address: PO Box 794 Hershey PA 17033 www.affionpublic.com 888.321.4922 toll free 717.214.4922 local Delivering Leaders. 27 Corporate Mailing Address: P.O. Box 794 Hershey, PA 17033 888-321-4922 www.affionpublic.com City of Bozeman, MT Assistant City Manager Executive Search Services 03/11/2024 28 2 Table of Contents Table of Contents ............................................................................................................................ 2 Company Profile ............................................................................................................................. 3 Why Affion? .................................................................................................................................... 3 What We Do Differently ................................................................................................................. 4 Relevant Search Experience ........................................................................................................... 5 Objectives and Approach ................................................................................................................ 5 Statement of Diversity ...................................................................................................................10 Sustainability Efforts .....................................................................................................................10 Individuals Assigned to Search ...................................................................................................... 11 Cost ................................................................................................................................................ 14 Guarantee: ..................................................................................................................................... 14 Reference List ................................................................................................................................ 15 Client List ....................................................................................................................................... 17 Affion Disclaimer Copyright © 2009 by Affion Public, LLC. All rights reserved. Printed in the United States of America. The information in this document is the exclusive property of Affion Public, LLC. The data and trade secrets contained herein are submitted for use solely by the City of Bozeman. The reproduction of this document or any portion thereof, in any form, without the express written consent of Affion Public, LLC is forbidden. 29 3 Company Profile Affion Public is deeply rooted in the public sector, providing executive search services for state and local government, education and non-profit organizations since 2000. Our executive search division specializes in identifying the nation’s best and brightest executives and delivering those individuals to our public sector clients. Our partners are typically state, county, city, and government organizations as well as non-profits. Recognized as a leader in public sector executive searches, Affion has attained “preferred” vendor status or an exclusive relationship with a majority of its client partners. Affion’s corporate address is P.O. Box 794, Hershey, PA 17033. Why Affion? We are different. As a company, our strengths lie in our people, our passion, and our commitment. Affion employs an extremely talented group of professionals that bring a diverse set of skills and an average of over 10 years of experience in government and private sector venues. Extraordinary, trusted client partnerships have separated us from others in the industry. Embracing a small business approach has enabled the entrepreneurial spirit of Affion, while also ensuring a personalized approach and customized solution for our partners. It is our unique understanding of the complexities of the public sector that gives us an edge. We know what to challenge potential candidates on, and we know how to discern and qualify the very specific set of skills an executive needs in order to succeed within the public realm. Our particular expertise lies in our ability to reach out to and ultimately attract the best and the brightest into the public executive domain. Short and long term, Affion is looking for valued, long-lasting partnerships, where we can have a real and positive effect for our client. Our public sector team provides a full range of customized executive recruiting and management consulting services. Particular areas of expertise lie within strategy, human resources, process and solutions. We have served in an advisory capacity to state, city, and municipal governments across the country. Historically, our specialized executive recruitment services have been client driven. By building strong client partnerships, and practicing due diligence, we gain an invaluable understanding of the mission, motivation and culture of our client. This has allowed us to successfully recruit across all departmental disciplines and ultimately to provide top executives to an array of governmental agencies and authorities (e.g. Information Systems, Public Safety, Engineering, Health and Human Services, Water Utilities, Economic Development, Assistant City Managers, City Managers, etc.). 30 4 What We Do Differently Our executive search goal is to specify, identify, qualify and deliver candidates that meet or exceed your expectations. After consulting with client executives and stakeholders, we utilize a systematic search methodology to customize and tailor the ideal candidate and position profile to meet the specified need. Targeting organizations that are similar to our client, we set out to find individuals that meet and exceed the background, education, experience, and personal characteristics required. This is done in a highly confidential manner and in compliance with applicable legal standards. Once a potential candidate has been identified, they will enter into a rigorous qualifying process to further establish the “fit”. A comprehensive confidential report on each of the selected candidates is prepared to include pertinent information relative to the candidates work history and background. A professional appraisal of the candidates’ competencies compared to the specific requirements will be provided as a continuum to the report. In the form of a portfolio presentation, we meet with the stakeholders to make our recommendations. We deliver individuals that are competent, qualified, and capable. We deliver solutions. 31 5 Relevant Search Experience City of Austin, TX • City Manager (2008) • Assistant City Manager (2013) City of Broken Arrow, OK • City Manager (2012; 2015) • Assistant City Manager (2014) City of Cedar Park, TX • Assistant City Manager (2023) • Assistant City Manager (2024) City of Celina, TX • City Manager (2023) City of College Station, TX • City Manager (2018) City of Columbia, MO • City Manager (2011) City of Commerce City, CO • City Manager (2021) City of Dallas, TX • City Manager (2016) • Assistant City Manager (2014) City of Dublin, OH • City Manager (2022) City of East Lansing, MI • City Manager (2012) City of El Paso, TX • City Manager (2014) City of Fort Worth, TX • Assistant City Manager (2022) City of Frisco, TX • City Manager (2022) • Assistant City Manager (2023) City of Galveston, TX • City Manager (2012) City of Georgetown, TX • Assistant City Manager: Public Safety (2021) • Assistant City Manager: Development Services (2021) City of Huntsville, TX • City Manager (2008) City of Hollywood, FL • City Manager (2012) City of Irving, TX • City Manager (2006) City of Kirkwood, MO • Chief Administrative Officer (2014) City of Kyle, TX • City Manager (2023) City of Leander, TX • City Manager (2011) City of Marshall, TX • City Manager (2014) City of McKinney, TX • City Manager (2008) • Assistant City Manager (2009, 2014) City of Morgantown, WV • City Manager (2010) City of North Richland Hills, TX • City Manager (2009) City of Pflugerville, TX • Assistant City Manager (2022) City of Plano, TX • City Manager (2011) City of Port Arthur, TX • Assistant City Manager (2016) City of Round Rock, TX • City Manager (2011) City of San Antonio, TX • City Manager (2006) City of San Marcos, TX • City Manager (2008) City of Shawnee, OK • City Manager (2015) City of Springfield, MO • City Manager (2008) City of Tamarac, FL • Assistant City Manager (2017) City of Taylor, TX • City Manager (2019) City of Thornton, CO • City Manager (2015) City of West Valley City, UT • City Manager (2023 Town of Morrisville, NC • Town Manager (2023 - present) Delaware County, PA • Executive Director (2020) 32 5 Objectives and Approach 1. Establishing the Timeline – we will work closely with you to determine your ideal start date for your executive and then work to make sure that we agree on all target dates and activities. 2. Input from Key Decision Makers – we will meet with all parties who will be impacted by this executive to seek input, which will also help us understand the company, the people and the working environment. This can include setting up public forums to engage the community in assisting in the process. 3. Developing the Candidate Profile – through extensive interviews we will gain a complete understanding of the mission and goals of the company and begin to create the profile of the executive you are seeking. 4. Candidate Pool and Search Techniques – we will use our own extensive internal database, our personal and professional connections, competitor intelligence, targeted recruiting, industry specific sourcing and other recruiting tools to begin to identify the perfect candidate. 5. Screening Process – we will conduct interviews to qualify each candidate, whether it is an internal candidate or an external one, prior to presentation to you, and will conduct an extensive background check on each potential candidate. 6. Selecting Candidates for Client Review – we will present the key decision makers with a portfolio of candidates for consideration and will discuss each candidate’s skills and qualifications in detail. 7. Choosing the Finalists and the Interview – once the client has reviewed the candidates and has selected the finalists, interviews with the key decision makers or the selection committee will begin. 8. Hiring – all candidates will have been pre-qualified on the salary range; benefits and we will assist in all final employment matters. 33 6 Developing the Candidate Profile At Affion, our approach to executive searches is both personal and systematic. Our success hinges on the access and information provided by our client organizations, enabling us to gather comprehensive insights and develop a deep understanding of their needs. Only by intimately knowing the organization and meticulously defining the ideal candidate profile can we ensure the right match for both the organization and the selected individual. We take pride in the value we bring to the table by collaborating with clients to develop the ideal candidate profile. This involves extensive engagement with key decision-makers, elected officials, and others at the outset. We delve into the position's history, the organization's mission and goals, past successes and failures, staff dynamics, budget considerations, and other crucial aspects that the selected candidate must address. Understanding where the organization aims to go and the requirements for getting there is essential for finding the ideal leader. Every search is unique, and we invest significant time in understanding the client's style and organizational culture, as well as each candidate under consideration. We establish strong relationships with decision-makers and potential colleagues of the candidates to ensure a compatible match. Spending time with decision-makers helps us grasp their vision of the "ideal" candidate, their management style, and the significance of the position to them and the organization. We embrace the organization's vision to recruit candidates who align with its goals and can lead strategies that support that vision. We conduct interviews with successful executives at the peer level of the vacant position to understand the qualities of successful leaders within the organization. Additionally, we find it valuable to interview subordinate-level staff, if possible, to assess current resource challenges or strengths that the incoming executive would encounter. These initial stages are crucial in our view. Our entire search team, including our assigned recruiters, is involved in this information-gathering and relationship-building process from the beginning. This ensures that we all understand exactly what our client is seeking in applicants and can qualify candidates based on the client's organizational culture. Based on the interviews and data gathered, we prepare a comprehensive candidate recruitment profile for the position, outlining the desired qualifications and characteristics. This profile is then presented for approval by the client's designated representatives. It is from this customized profile that we conduct our systematic search. Input from Stakeholders The first steps in any search begin with our onsite stakeholder meetings. The purpose of the stakeholder interviews is to allow Affion an intimate understanding of the organization, the people and the environment. These interviews are how we develop the two key profiles in which the search is built around. The first profile is the position profile. The position profile includes not only the requirements the successful individual will possess but also what they will be doing on a daily, weekly and monthly basis. This profile is critical in analyzing the potential candidate’s previous experience. The second profile is the candidate profile in which we spoke previously about. This profile allows Affion to define the type of individuals that will be successful in your organization. The stakeholder meetings begin with developing the list of individuals that will be working directly with this person. This list should include whomever the individual is responsible for reporting to and anyone who may be directly involved with the hiring and interview process. Affion is committed to spending as much time as necessary on the stakeholder meeting to ensure a successful placement. The stakeholder meetings are approximately one-hour interview session in which our team will ask probing questions to what will make the candidate successful. These are generally done on an individual basis. Additional stakeholder meetings including public input will be scheduled at the discretion of the selection team. We have a long history of being very inclusive with our stakeholder process and often meet with community leaders, business leaders, civic and religious leaders as well as neighborhood associations. 34 7 Candidate Pool Affion is a relationship driven, select targeting firm. We use our own internal database to draw upon potential candidates with whom we have built relationships and/or referrals. We use the telephone to reach out to referrals and candidates initially. We use the Internet as well as select research firms to investigate credit, criminal and other background checks and to obtain any written publications authored by, or regarding, the candidates. Beyond this limited use of technology, our efforts are all carried out in person. We post the job on the Internet or advertise in print as required by the client organization. Even our utilization of networks of professional or trade associations, is done in person. This personal approach is how we have been most successful in targeting and attracting the best and most diverse selection of candidates. Each Affion recruitment effort is customized specifically to the client organization’s needs and preferences. One of the additional values achieved from the time we spend in the beginning is getting to know the client organization and its culture and obtaining mutual agreement on a process that works for both of us. While we have a very strict and systematic internal qualifying/screening process, it is only visible to the client in the result it produces. Any processes external to our qualifying/screening process may be modified to accommodate the client’s organizational needs. Affion Process in Screening While the general steps outlined herein are the basis of the Affion search, flexibility is built into our model to accommodate a particular client’s preferences. Our search is customized to best meet the needs of our client and as long as we are not asked to forego steps to ensure quality, modifications or additions can be made. Sourcing/Recruiting Candidates Our senior executive recruiters (100% dedicated to this search) will identify candidates who have been successful in like organizations in similar positions. We search from a variety of sources to ensure development of a broad representative pool in terms of affirmative action efforts and experience; including our own network of contacts and files; public or private entities, professional and other associations and organizations related to the position and referrals. We do targeted advertising in publications specific to the position. Targeted Recruiting Affion maintains a national database through extensive networks in industry specific business groups, trade and professional organizations. To further ensure a diverse candidate pool, we also source candidates from professional organizations and networks that are ethnic and gender specific. We reach out to a variety of sources to collectively find the best talent available. 35 8 As a result of our previous and ongoing recruiting efforts within government and quasi-government organizations, (local, city, county, and state) Affion has, and continues to build, an expansive network of candidates that includes the best and the brightest in the public sector. That network of candidates exemplifies our professional commitment to building valued relationships, knowing the individuals’ experience and leadership styles, and understanding their needs and career goals. By operating within these guidelines, our deliverable to our client results in being a known and trusted entity. Screening/Qualifying Candidates Our senior executive recruiter conducts preliminary screening interviews of all candidates and the most promising candidates to determine their qualifications, pertinent accomplishments, experience, ability to meet special needs of the position and their interest in being considered. Preliminary screening will be based on a resume rating developed from criteria contained in the customized Candidate Recruitment Profile, information contained in the resumes submitted to Affion, and Affion’s knowledge of the people and organizations with whom and in which we work. At this point in the search, our recruiter is also securing preliminary, confidential reference information on the most promising candidates (as available and appropriate) to verify experience and qualifications; i.e., to ensure that it is worthwhile proceeding with them. After qualifying the best candidates into our process, those individuals are subjected to further rounds of interviews by additional Affion executive staff. The same criteria are used, but the emphasis here, is on organizational and cultural fit, and political acumen. This process assures the quality we demand of the short list of semi-finalists that are selected. All candidates are met face-to-face when possible. If the face-to-face interviews cannot be arranged, then video conferencing is arranged to ensure that the recruiters and executives within Affion are comfortable with the candidates they are presenting for consideration. Background Investigation When all members of the Affion qualifying team have agreed that the candidate fits the desired profile we begin extensive background checks to include criminal, education, and financial investigations. Reference calls are completed. Internet and media searches are conducted. This entire procedure is intended to further eliminate unqualified candidates, and to validate the credentials of the final candidates in process. Selecting Finalists for Promotion to Client From our rigorous qualifying process and investigation, Affion typically narrows the field of qualified candidates to the top 6-8. We present all of the client’s designated representatives with a comprehensive book of material on each of the selected individuals. These books contain summary profiles, resumes, applications, articles by or regarding the candidate, pertinent work product, and photographs of those candidates whose qualifications, work experience, achievements, and/or other special qualities qualify them for the position. This comprehensive confidential report on each candidate covers not only the candidate's working career and those personal aspects that are relevant to the position, but also our appraisal of how the candidate's competencies compare to your specific needs and environment. Affion and the client’s representatives will meet to review the detailed contents of the book. Internal Candidates Affion always screens and evaluates those applications and resumes received by the client from in-house or outside applicants to insure, on the client’s behalf, that the process is considered fair to all applicants and to determine if any of these individuals are qualified, viable candidates. Often, at the client’s preference we keep all in-house applicants in process until the final qualifying phases of the search process, unless it is clearly established that certain individuals are not qualified. We review, evaluate and acknowledge in writing all applications and resumes received. Additionally, we ask that all solicitations for consideration made directly to the client be forwarded to Affion immediately to avoid duplication of efforts and take work off the client’s shoulders. 36 9 Client Selection of Candidates for Interview Affion would work closely with the hiring team for selecting the finalist. Affion will make a portfolio presentation to the key stakeholders which will include; the resume, a brief bio written by the candidate, and an answer to the questions “Why Should I be the Next…” Upon our face-to-face presentation of the finalists, with our recommendations and comprehensive background information, we require that the client select the number and names of the candidates it wishes to interview in person. Upon the client’s direction, Affion personnel will coordinate with client personnel to arrange interviews with the top candidates selected for consideration. Affion will work with the client to coordinate any travel or accommodation details that may be needed for each outside candidate. Client Interviews and Final Selection The finalist interviews would be conducted in conjunction with the wishes of the hiring team. Affion typically suggests that the hiring team utilize panel interviews and also perhaps a candidate presentation. The candidate presentation would be an oral presentation accompanied by a visual presentation. The purpose of this presentation is to allow the selection committee to see how the candidates communicate their thought process and the candidate’s ability to effectively express those thoughts to their audience. The formal interview would involve the same set questions asked to each candidate by the same panel member. This allows the selection committee to evaluate each candidate on a fair and equal field. These questions are agreed upon in advance with Affion and the selection committee. Affion will be involved throughout the entire interview process to facilitate the interviews. Hiring Once it is time for a hiring decision, Affion will provide assistance on final employment matters, such as the negotiation process with successful candidates and notification to unsuccessful candidates. Any candidate that is presented for consideration will have been pre-qualified on the salary range, benefits and relocation package. Once the finalist has been selected it is our standard practice that the client sends a formal offer letter to Affion on behalf of the successful candidate. Affion will facilitate the signature and closing of the process. 37 10 Statement of Diversity Diversity is deeply ingrained in our core values and heritage at Affion. We recognize and celebrate the richness and value created by the differences among our employees, customers, service offerings, and businesses. It encompasses a wide array of aspects, including people, backgrounds, lifestyles, ideas, and the balance between our work and personal lives. Our commitment to diversity is about maximizing the contributions from all members of our team to deliver greater value to our customers. It is about valuing differences and promoting inclusion, not merely a code word for affirmative action. At Affion, diversity relies on standards of performance and behavior that foster mutual respect. It is about effectively utilizing our collective talent to create a competitive advantage that leads to success, both for our internal support staff and contract workforce. We are truly dedicated to effectively recruiting and maintaining a diverse workforce. To ensure equal employment opportunity for all, Affion maintains an Affirmative Action Program and policy that prohibits discrimination based on race, color, religion, sex, national origin, sexual orientation, handicap or disability, or status as a disabled veteran or a veteran of the Vietnam War era. We take affirmative action to ensure that applicants for employment and employees are treated without regard to these characteristics. Our decisions regarding employment status are solely based on an individual's qualifications, and are guided by valid, non-biased job requirements in positions being filled. Our commitment to diversity extends to all aspects of employment, including recruitment, hiring, promotions, transfers, compensation, benefits, layoffs, terminations, educational tuition assistance, and company-sponsored training and recreational programs. Affion employs responsible reporting and monitoring procedures to ensure strict compliance with the Equal Opportunity Policy and our Affirmative Action program. We are further committed to being an Equal Opportunity Employer in accordance with federal, state, and city laws on fair employment practices. All of our advertising reflects these important standards. We take pride in our success in ensuring a diverse candidate pool and are thrilled to have placed multiple women and minority candidates in executive-level municipal positions nationwide. Sustainability Efforts Our commitment to climate action includes improving the environmental footprint of our operations by going paperless. All the steps involved in creating paper have significant impacts on the environment. Because of this we have made the commitment to go paperless by providing pdfs of our candidate binder presentations, proposals, and additional written communication. We have also taken steps to reduce our carbon footprint by implementing less travel and utilizing technology for stakeholder meetings, initial interviews, etc. We hope by taking these actions, we are helping to protect the health of our planet today and for generations to come. 38 11 Individuals Assigned to Search Scott Reilly CEO, Affion Public reilly@affionpublic.com 717-576-9847 Scott will be the lead on this search and responsible for quality assurance during the length of your project. During the engagement, he will be responsible for ensuring the success of the process. Scott, previously the Vice President of Arcus Public, has more than 20 years’ experience in Sales, Executive Recruiting and Technology. His depth of knowledge and experience placing top executives and technology professionals enables him to lead the talented group of professionals at Affion Public. Throughout his tenure in the public sector, he has been responsible for leading the engagement process and successfully placing more than 100 professionals in key roles. He’s worked in the trenches performing the searches, as well as in leadership roles guiding his team and building relationships with clients while at the helm. He truly understands and appreciates the intricacies of the market, and as CEO for Affion Public, he is responsible for the strategic direction and approach of each of the firm’s key service areas. Scott has been a speaker/presenter on various topics nationally working with leading government officials; to help identify opportunities for technology research and share best practices as well as executive search forums. He was named a founding Honorary Alumni to the Harrisburg University of Science and Technology first graduating class. He currently serves as the vice-chairman of the Derry Township Municipal Authority and has been an active member on the Hershey Country Club Board of Governors. Scott was also recognized by the Central Penn Business Journal as one of the region’s Top 40 Under 40. He holds a Bachelor of Science degree in Marketing from Rider University. Scott has been directly involved with all executive level searches through Arcus Public and Affion Public since 2003. Gina Sprowls Director of Recruiting sprowls@affionpublic.com 717-763-1987 Gina will manage the recruitment efforts for your executive search, providing direction and coordination to ensure the ideal candidate profile is met and the best candidate is selected for the job. She will be responsible for identifying, profiling, and screening candidates, as well as qualifying potential candidates and conducting interviews. Additionally, Gina will assist in coordinating interviews, gathering feedback, and conducting professional reference checks. She may also be involved in presenting the final candidates to stakeholders for consideration. With over ten years of diverse experience in recruitment, sales, and management, Gina brings a strong background in Human Resources with a focus on executive level recruitment and training. Her experience spans across various industries, including Public Sector, Technology, Finance, Healthcare, Sales, and Education. Gina has successfully managed multiple executive level searches nationwide and is known for building and maintaining excellent relationships with clients and candidates alike. She holds a Bachelor of Science degree in Business Administration from Capella University and an Associate of Arts degree in Human Resources. Gina has been directly involved in all executive level searches conducted by Arcus Public and Affion Public since January 2008. 39 12 Individuals Assigned to Search continued.. Brittany Schwaber, Executive Recruiter Brittany will focus on the recruiting efforts of your search. As she works through this process, she will adhere to providing a detailed and informative profile of ideal candidates to ensure that the best individual for the position is identified and hired. Brittany will be responsible for screening candidates that present as qualified contenders for the role. In addition, she will be conducting candidate interviews, coordinating the logistics of interviews, gathering feedback and performing reference checks. Brittany brings over seven years of experience in recruiting with a dynamic approach to her work. Her career has been diverse in different industries that include biopharmaceuticals, construction, and manufacturing. She has a well-rounded background in the field of Human Resources with an emphasis and passion for talent management strategies, employee retention and engagement initiatives and career development. Brittany is known for her ability and ease in establishing and building relationships with candidates. Her keen eye for detail coupled with her responsiveness makes for a great partnership between clients and candidates. She holds a Bachelor of Science degree in Business Management from Kutztown University and a Professional in Human Resources (PHR) certificate from HRCI. Cassandra Segedy, Marketing Associate Cassie will focus on the marketing efforts of your search. As she works through this process, she will provide thorough and concise social media marketing and marketing materials, to help reach a large array of qualified candidates. Cassie will be responsible for creating the brochure used for social media and job postings, posting the position on all Affion Public social media platforms, creating candidate binder presentation materials, and creating job announcements for the successful candidate. Cassie brings 7 years of marketing, advertising, and graphic design experience with her. Her career has been diverse in different industries that include manufacturing, life sciences, food service, data logging, grocery distribution, and small business management. Cassie has extensive experience in social media marketing, print advertisement, web design, and graphic design. Cassie is known for her easy-going nature, attention to detail, and responsiveness, allowing her to create the perfect marketing materials specific to your city and job posting. Cassie holds a Bachelor of Arts with a concentration in Graphic Design from the State University of New York at Oswego. Shanice Caesar, Sourcing Specialist Shanice will focus on the sourcing efforts for this search. As she works through this process, she will be responsible for finding candidates that match the experience and ideal candidate specs for this role, posting the position on sponsored job sites, and running background checks. Shanice brings over five years of experience in recruiting with a dynamic approach to her work. Her career has been diverse in different industries that include Information Technology, Finance, Professional Services and Healthcare. She has a well-rounded background in the field of Information Technology with an emphasis and passion for talent management strategies, employee retention and engagement initiatives and career development. Shanice is known for her ability and ease in establishing and building relationships with candidates. Her keen eye for detail coupled with her responsiveness makes for a great partnership between clients and candidates. She holds a Bachelor of Science degree in Business Management from The University of Guyana. 40 13 Proposed Project Timeline: Timeframe Activity Upon Selection • Affion to negotiate and finalize contract Once contract is finalized • Facilitate a meeting to discuss timelines, recruitment process and plan for completing the Position and Candidate Profiles • Affion to meet with identified stakeholders to begin the due diligence process • Conduct Public Forums if needed • Simultaneous industry research taking place Within 10 days after the contract is finalized • Affion presents draft of Profile Upon approval of profile/brochure • Search Firm conducts recruitment to include: o Referrals, LinkedIn, Sourcing, etc. o Post the job on websites Ongoing • Progress Report—check for quality and diversity of applicants. Determine need to target any specific group or area. • Review and qualify all potential candidates 30 days after posting • Deadline to receive resumes 45 days after resume deadline • Binder Presentation of 6-8 candidates to the Selection Panel • Affion will facilitate a review of the final candidates 2 weeks after binder presentation • Conduct first round of candidate interviews with the Search Committee and key stakeholders • Finalize decision on the candidate of choice and negotiate employment agreement with the candidate 2 weeks after final interviews • Successful Candidate accepts offer of employment 41 14 Cost Full Executive Search: Affion executive searches are full-service searches conducted by senior executives within our firm. The fee we have outlined herein is all inclusive of all phases of the search including stakeholder meetings, profile development, job postings, sourcing, recruitment, interviewing, reference checking, background checks, media checks, and candidate offer negotiation. Fee for the Assistant City Manasger position: $28,000 (all inclusive) Additional expenses, which are not included in the overall fee but are expected to be reimbursed by the City of Bozeman include all candidate travel expenses for the purpose of interviews with the City of Bozeman. This will vary depending on the location of the finalist selected. While invoice procedures can be adjusted, our typical billing practice is to spread the fee payment over three equal installments. (One-third to be billed when the contract is signed, one-third to be billed upon presentation of the Final Candidates, and the last one-third to be billed upon the hiring of the desired Candidate.) Adjustments to our payment and billing processes are negotiable in order to best accommodate our clients’ needs. Guarantee: As with all of our executive searches, we are prepared to offer our standard professional service guarantee. If the hired candidate is asked to leave for reasons of non-performance or leaves of his/her own volition in the first 24 months of employment, we will re-launch a search for a new candidate, under the original position specifications. In such a case, we will do so for no additional professional fee, though charging expenses that may incur to include all Affion travel, hotel, and re-posting of job advertisements. It is our commitment to partner with you from the initial signing of the contract until the candidate accepts and offer and begins employment. 42 15 Reference List City of Cedar Park, TX Brenda Eivens City Manager 450 Cypress Creek Rd. Bldg 1 Cedar Park, Texas 78613 512-804-6871 Brenda.Eivens@cedarparktexas.gov Affion had the pleasure of working with the City of Cedar Park on their Director of Information Services search (2018), their Police Chief search (2021), Director of Finance (2022), an Assistant City Manager (2022), and we are currently working on a new Assistant City Manager search (2024 – present). We have worked closely with Brenda throughout all of the searches. City of Frisco, TX Lauren Safranek Director of Human Resources 6101 Frisco Square Boulevard, 4th Floor Frisco, TX 75034 972-292-5210 LSafranek@friscotexas.gov Affion had the pleasure of working with the City of Frisco on their City Manager search last year. We worked with them on their Assistant City Manager search, their Fire Chief search and their Chief Information Officer search earlier this year, and we are currently working with them on their CFO search (2023 – present). We have worked closely with Lauren on the majority of the searches. City of Georgetown, TX David Morgan City Manager 808 Martin Luther King Jr. St. Georgetown, TX 78627 (512) 930-3741 David.morgan@georgetown.org Affion had the pleasure of working with the City of Georgetown on their Assistant City Manager – Public Safety and their Assistant City Manager – Development Services searches in 2021, and we are currently working with them on their Assistant Water Utility Director search (2024 – present). We worked closely with David Morgan throughout both searches. 43 17 Client List Cities: Borough of State College, PA • Director of Public Works (2016; 2021) City of Addison, TX • City Secretary (2023) City of Ann Arbor, MI • Parks and Recreation Services Manager (2008) • Parks and Recreation Services Deputy Manager (2008) • City Administrator (2011) • Fire Chief (2014) • Police Chief (2015) • City Administrator (2016) City of Arlington, TX • City Auditor (2014) • Director of Community Development and Planning (2015) City of Aurora, CO • City Manager (2018) • Court Administrator and Detention Director (2021) City of Asheville, NC • Urban Planning and Design Director (2014) • Police Chief (2015) City of Atlanta, GA • Chief Information Officer (2003) City of Austin, TX • City Manager (2008) • Fire Chief (2008) • Chief Information Officer (2008) • Director of Solid Waste Services (2009) • Chief Sustainability Officer (2010) • Director of Code Compliance (2011) • Chief Financial Officer (2012) • Austin Water Utility (AWU) Assistant Director, Engineering Services (2013) • Austin Water Utility (AWU) Assistant Director, Pipeline Operations and Maintenance (2013) • Assistant City Manager (2013) • Purchasing Officer (2014) • Deputy Director, Economic Development (2015) • Redevelopment Division Manager (2015) • Assistant Director of Water Res Planning & Analysis (2015) • Austin Energy – CTO (2016) • Austin Energy – Chief of Staff (2017) • Fire Chief (2018) • Director of Economic Development (2019) 44 18 City of Austin, TX continued.. • Director of Development Services (2019) • Chief Information Security Officer (2020) • Assistant Director of Economic Development (2020) • Director of Austin Code (2020) • Homeless Strategy Officer (2020) • Assistant Director of Housing and Planning (2021) • Chief Resiliency Officer (2021) • Emergency Medical Services Chief (2021) • Director, Austin Water (2022) • Director, Transportation and Public Works (2023) City of Beaumont, TX • Police Chief (2024 - present) City of Bellevue, WA • Director of Planning and Community Development (2010) • Chief Communications Officer (2012) • Chief Economic Development Officer (2014) • Chief Communications Officer (2016) • Director of Planning and Community Development (2016) 9T City of Boise, ID • Planning and Development Services Director (2021) • Planning and Development Services Director (2024 - present) City of Boulder, CO • Director of Public Works for Utilities (2011) • Deputy Director of Community Planning and Sustainability (2011) • Comprehensive Planning Manager (2012) • Human Resources Director (2013) City of Bozeman, MT • Human Resources Director (2021) • Director of Transportation and Engineering (2021) • Director of Utilities (2021) • City Engineer (2022) • Assistant City Manager (2022) • Director of Utilities (2023) City of Broken Arrow, OK • Fire Chief (2010) • Police Chief (2011) • City Manager (2012) • Assistant City Manager (2013) • Director of Engineering/Construction (2014) • Fire Chief (2014) • City Manager (2015) City of Burbank, CA • Director of Finance (2009) • Director of Parks and Recreation (2007) City of Burleson, TX • Chief Technology Officer (2021) 45 19 City of Cedar Park, TX • Director of Information Services (2018) • Police Chief (2021) • Director of Finance (2022) • Assistant City Manager (2022) • Director of Human Resources (2023) • Assistant City Manager (2024 – present) City of Celina, TX • City Manager (2023) City of Chandler, AZ • Chief Information Officer (2007) • Director of Economic Development (2008) • Director of Planning and Development (2008) • Municipal Utilities Director (2015) City of Chester, PA • Chief Operating Officer (2022) • Director of Finance (2023) City of College Station, TX • Assistant Director of Planning & Development (2008) • Fire Chief (2016) • Chief Information Officer (2017) • Director of Water Services (2018) • City Manager (2018) • Director of Planning and Development Services (2018) City of Columbia, MO • City Manager (2011) • CIO (2015) City of Commerce City, CO • City Manager (2021) City of Corpus Christi, TX • City Manager (2008) City of Dallas, TX • Deputy Director CIS (2005) • Public Information Officer (2005) • Assistant Director Dallas Water Utilities (2005) • Assistant Director CIS (2005) • Director and Chief Information Officer (2005) • Director of Housing (2014) • Assistant City Manager (2014) • Director of the Department of Trinity Watershed Management (2015) • Fire Chief (2016) • City Manager (2016) • Assistant Director of Transportation (2022) City of Denton, TX • Director of Environmental Services and Sustainability (2021) City and County of Denver, CO • Manager of Community Planning and Development (2012) • Independent Monitor (2021) 46 20 City of Dublin, OH • CIO (2015) • Planning Director (2015) • City Manager (2022) City of Durango, CO • Director of Public Works (2021) • Director of Parks and Recreation (2023) City of East Lansing, MI • City Manager (2012) City of El Paso, TX • City Manager (2014) • Director of Museums and Cultural Arts (2014) • Managing Director of Public Works (2015) • Director of Planning and Inspections (2018) City of Eugene, OR • Executive Director of Planning and Development (2010) City of Farmers Branch, TX • City Manager (2022) City of Fort Collins, CO • Chief Sustainability Officer (2014) • Light & Power Operations Manager (2015) • Chief Human Resources Officer (2016) • Cultural Services Director (2016) • Transfort & Parking Services General Manager (2018) • Director of Cultural Services (2018) • Director of Planning, Development and Transportation (2019) City of Fort Worth, TX • Assistant City Manager (2022) City of Frisco, TX • City Manager (2022) • Assistant City Manager (2023) • Fire Chief (2023) • Chief Information Officer (2023) • Chief Financial Officer (2024 – present) City of Galveston, TX • City Manager (2011) City of Gardner, KS • Business and Economic Development Director (2015) • Utility Director (2015) City of Georgetown, TX • Assistant City Manager (2021) • Assistant Water Utility Director (2024 – present) 47 21 City of Greeley, CO • Director of Human Resources (2020; 2022) • City Clerk (2020; 2022) • Finance Director (2020) • Fire Chief (2021) • Director of Public Works (2021) • Human Resources Deputy Director (2021) • Deputy Finance Director (2021) • Culture, Parks and Recreation Director (2022) • Human Resources Deputy Director (2022) • Director of Communications and Engagement (2022) • Community Development Director (2022) • Deputy Director of Water Resources (2022) • Payroll Manager (2023) • Cultural Affairs Manager (2023) • Finance Director (2023) • Deputy Director of Finance (2023) City of Hollywood, FL • City Manager (2011) City of Huntsville, TX • City Manager (2008) City of Irving, TX • City Manager (2006) • Assistant City Manager (2008) • Internal Auditor (2008) • Director of Human Resources (2007) • Assistant Director of Human Resources (2007) • City Attorney (2007) • Fire Chief (2006) • City Secretary (2010) • Capital Improvement Program Director (2019) City of Kirkwood, MO • Chief Administrative Officer (2014) • Police Chief (2017) City of Kyle, TX • City Manager (2023) • City Attorney (2023) • Director of Water Utilities (2023) City of Leander, TX • City Manager (2011) City of Los Angeles, CA • CIO-Los Angeles World Airport (2007) • General Manager, ITA (2002) • Information Systems Manager (2002) • General Manager Department of Aging (2003) • Director, Bureau of Sanitation (2004) • Los Angeles Zoo: General Manager (2003) • City Engineer (2003) 48 22 City of Lynwood, CA • Assistant City Manager (2007) • Director of Human Resources (2007) • Assistant Director of Public Works (2007) • Deputy Director of Development (2007) City of Marshall, TX • City Manager (2014) City of McKinney, TX • City Manager (2008) • Assistant City Manager (2009) • Director of Finance (2011) • Director of Water Utilities and Infrastructure (2013) • Assistant City Manager (2014) • Director of Public Works (2016) City of Mesa, AZ • Deputy City Manager (2007) • Director of Human Resources (2007) City of Missouri, City, TX • Director of Finance (2016) • Director of Development Services (2016) • Director of Economic Development (2022) City of Morgantown, WV • City Manager (2010) City of North Richland Hills, TX • City Manager (2009) • General Manager: NRH2O, Water Park (2014) City of Pflugerville, TX • Assistant City Manager (2022) • Communications Director (2023) City of Phoenix, AZ • Human Resources Director (2015, 2017) City of Plano, TX • City Manager (2010) • City Attorney (2013) • Director of Human Resources and Risk Management (2024 – present) City of Port Arthur, TX • Assistant City Manager (2016) • Public Works Director (2016) City of Raleigh, NC • Director of Human Resources (2023) City of Round Rock, TX • City Manager (2010) • Director of Human Resources (2012) • Police Chief (2013) • Deputy CFO (2021) 49 23 City of San Antonio, TX • City Manager (2006) • Assistant City Manager (2006) • Director for the Office of Management and Budget (2020) • Transportation Director (2020) • Government Affairs Director (2021) • Communication and Public Engagement Director (2021) • Diversity, Equity, and Inclusion Officer (2022) • Assistant Director of Human Resources (2023) • Chief Resiliency Officer (2023) • Public Safety Outcomes (2023) • Animal Care Services Director (2024 – present) • Fire Chief (2024 – present) City of San José, CA • Deputy Director of Administration (2006) • Deputy Director of Integrated Waste Management (2006) City of San Marcos, TX • City Manager (2008) • Human Resources Director (2011) • Chief Building Official (2011) City of Savannah, GA • City Manager (2010) City of Scottsdale, AZ • Police Technology Director (2009) City of Shawnee, OK • City Manager (2015) City of Springfield, MO • City Manager (2008) City of Tacoma, WA • Assistant City Manager (2006) • Director of Finance (2007) • Director of Information Technology (2008) • Assistant Director of Finance (2009) City of Tamarac, FL • Fire Chief (2009) • Director of Community Development (2013) • Assistant City Manager (2017) • Public Services Director (2022) City of Taylor, TX • City Manager (2019) City of Thornton, CO • City Manager (2017) City of West Valley City, UT • City Manager (2023) Incorporated Village of Garden City, NY • Village Administrator (2014) 50 24 Town of Mooresville, NC • Town Manager (2023 – present) Town of Sunnyvale, TX • Director of Planning and Development Services (2023) Township of Derry, Hershey, PA • Township Manager (2018) Counties: County of Los Angeles, CA • Information Systems Manager (2007) • CIO-Los Angeles World Airport (2007) City and County of Denver, CO • Independent Monitor (2021) City and County of Philadelphia, PA • Chief Information Officer (2000) • CIO-Philadelphia Free Library (2001) • CIO- Philadelphia Police Department (2006) Delaware County, PA • Executive Director (2020) • Health Department Director (2021) • Director of Purchasing (2021) • Diversity, Equity, and Inclusion Officer (2021) • Prison Warden (2021) • Director of Planning (2022) Laramie County, WY • Public Works Director (2014) Milwaukee County, WI • Director of Parks, Recreation & Culture (2013) Washtenaw County, MI • Community Development Director (2007) States: Commonwealth of Pennsylvania-Office of Administration • Chief Information Officer (2008) • Chief Technology Officer (2008) • Deputy Chief Information Officer (2008) State of Texas, Austin, TX • Director of Benefits - Employee Retirement System of Texas (2006) • CTO - Employee Retirement System of Texas (2005) • Chief Information Officer of DIR (2006) Education: Harrisburg University, Harrisburg, PA • Director of Learning Assessment (2009) • E-Business Program Director / Faculty (2008) • Learning Technologies Program Director / Faculty (2008) • CIS Program Director / Faculty (2007) • Biotechnology Professor (2008) 51 25 Harrisburg University, Harrisburg, PA continued.. • VP for Development (2005) • Director of Development (2007) • Controller (2006) • Network Administrator (2006) Other: Austin Economic Development Council • President/CEO (2021) Austin Transit Partnership • Director of Accounting (2022) • Chief Communications Officer (2022) • Chief of Engineering and Construction (2022) • Director of IT (2023) • CFO (2023 – present) Central Texas Regional Mobility Authority (CTRMA) • Executive Director (2020) Clarksville-Montgomery County EDC • President/CEO (2021) E-470 Public Highway Authority, Aurora, CO • Executive Director (2015; 2021) Housing Authority of the City of El Paso, TX • Chief Operating Officer (2010) International City/County Management Association (ICMA) • Chief Information Officer (2021) Minneapolis Parks and Recreation Board, MN • Assistant Superintendent of Planning (2011) • Assistant Superintendent of Recreation (2012) • Deputy Superintendent (2012) • Assistant Superintendent of Environmental Stewardship (2012) • Director of Park Safety and Security (2013) • Human Resources Manager (2013) North Texas Municipal Water District (NTMWD) • Water System Manager (2018; 2022) Roanoke Redevelopment and Housing Authority • Executive Director (2006) Round Rock Chamber of Commerce, TX • President/Chief Executive Officer (2014) San Antonio Water System (SAWS) • Chief Information Officer (2016) • Sr. Vice President / Chief Operating Officer (2022) Valley Regional Transit, ID • Executive Director (2022) Williamson-Burnet County Opportunities, Inc. (WBCO) • Executive Director (2013) 52 26 Thank you for the opportunity to submit this proposal. We look forward to assisting you with your executive search needs! 53 Memorandum REPORT TO:City Commission FROM:Candace Mastel, Transportation Demand Management Coordinator Nick Ross, Transportation and Engineering Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement (PSA) with High Street Consulting LLC for the Bicycle and Pedestrian Gap Analysis project MEETING DATE:April 16, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement (PSA) with High Street Consulting LLC for the Bicycle and Pedestrian Gap Analysis project STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND: In late 2022, the Bozeman City Commission requested that staff pursue a gap analysis study to ascertain what areas within the City were experiencing gap or connectivity issues in relation to bicycle and pedestrian infrastructure. Closing those physical gaps was identified as an important area to focus infrastructure improvements in order to provide a more connected and safe system for active transportation and mobility in the community. The project is included in the FY2024 Budget as A&C026, “Bike/Ped Gap Analysis.” City Staff regularly use mapping tools and adopted plans to identify the areas where connectivity is missing between facilities. However, these mapping tools and plans have become dated and the need for a more robust mapping effort and prioritization tool has been identified as necessary to compliment the capital improvement planning and development review processes. The City Commission and City Staff are committed to prioritizing active transportation facilities in the community and working to close the gaps to allow residents to access workplaces, essential services, schools, parks, and 54 other destinations. All recently adopted plans, including but not limited to the Climate Action Plan and the Parks, Recreation, and Active Transportation Plan (PRAT), support improving connectivity and closing the gaps throughout the community. In January 2024 staff issued an RFP for consultant services and had nine respondents to the request. A consultant was selected several weeks later that has all the required qualifications and an excellent understanding of the scope of work for the project. The Professional Services Agreement (PSA) discussed in this agenda item has been crafted around the scope and project approach as originally intended for the project. UNRESOLVED ISSUES:There are no unresolved issues. ALTERNATIVES:As suggested by Commission. FISCAL EFFECTS:The project is included in the FY2024 Budget as A&C026 “Bike/Ped Gap Analysis” Attachments: 20240416_PSA Bicycle and Pedestrian Gap Analysis Exhibit A_041624.pdf Report compiled on: April 4, 2024 55 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 16th day of April, 2024 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, High Street Consulting, LLC, with a mailing address of 6937 Blenheim Court, Pittsburgh, PA, 15207, 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 16th day of April, 2025, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services provided in the Budget document provided on March 18, 2024. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules, 56 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 2 of 11 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 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 57 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. 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 58 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 4 of 11 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on 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. 59 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 5 of 11 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as 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 60 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 6 of 11 Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Candace Mastel 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 Mark Egge 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 61 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 7 of 11 Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. 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 intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications 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 62 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 8 of 11 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. 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. 63 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 9 of 11 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 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 64 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 10 of 11 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 to 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 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. 32. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than two (2) years. 65 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 11 of 11 **** 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 HIGH STREET CONSULTING, LLC CONTRACTOR By________________________________ By__________________________________ Chuck Winn, Acting City Manager Print Name: Karin Demoors Print Title: Chief Financial Officer APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 66 1 Exhibit A City of Bozeman Bicycle and Pedestrian Gap Analysis Work Plan 20 March 2024 Team Roles Mark Egge | Project Manager and GIS Lead 12 yrs. of experience w/ Master of Information Systems Mark empowers great planning through data and technology. Mark leads High Street’s GIS and data science offerings. He is an accomplished matchmaker between agency data, analytical tools, and the information needs of planners, policymakers, and the public. Mark has developed regional and statewide GIS inventories of crosswalks, bicycle lanes, medians, and speed limits, and has led his team in developing and deploying countless project scoring and prioritization tools. Joe Gilpin | Planning and Prioritization Lead 22 yrs. of experience w/ Master of Transportation Planning Joe is a national expert in bicycle and pedestrian facility design. Joe has been intimately involved in many of Bozeman’s transportation planning projects since 2006 and has spent considerable time working with mapping data and identifying gaps and projects. Many of Joe’s projects have featured project prioritization as a key deliverable and Joe has experience in both the qualitative and quantitative metrics that can inform a variety of methodologies. Kevin Ford, Ph.D. | Senior Advisor – Performance Based Planning and Programming 16 yrs. of experience w/ Ph.D. in Civil Engineering Dr. Kevin Ford is a nationally recognized expert who leads High Street’s Performance-Based Planning & Programming practice. Kevin is responsible for implementing innovative data -informed solutions to optimize performance outcomes for his clients. With a background in transportation engineering, planning, and data science, Kevin has applied his unique mixture of skills to produce technical solutions to complex problems and communicate them in a manner that inspires change while also empowering agency leaders to understand the performance implications of various policies. Ahjung Kim | GIS Scoring Tools Developer 14 yrs. of experience w/ B.S. in Geography Ahjung is a software developer with 14 years of experience with geographic information systems. She provides digital solutions for mobile, web and desktop platforms. She has extensive experience with GIS application 67 2 development, field data collection projects, and administering and deploying solutions to ArcGIS Online and ArcGIS Enterprise. Itai Intrater | GIS Analyst 4 yrs. of experience w/ Master of Geospatial Information Sciences Itai is a GIS analyst with experience in programming and transportation. He is proficient at creating user-friendly interfaces, generating walkable district boundaries, and updating web GIS tools. Itai is committed to using GIS and data analysis to improve the quality of life and accessibility of communities. He is passionate about creating innovative and sustainable solutions that address the challenges of urban planning and mobility. 68 3 Team Organizational Chart Figure 1 Organizational Chart High Street’s proposed organization structure for this project is shown in Figure 5. Project Approach The High Street team’s proposed approach mirrors the deliverables described in the RFP. We propose the following structure: Task 1: Inventory & Gap Identification. Using AI-derived and crowdsourced data, we’ll produce for the city a data layer of existing bicycle and pedestrian infrastructure and a data layer of existing gaps in its bicycle and pedestrian infrastructure. Incorporating existing feature layers, we propose to produce new layers to supersede the city’s existing layers. We will collaborate with city staff to provide clear definitions around gap types and ensure that our gap inventory includes both physical infrastructure gaps as well as experience gaps and desire line gaps. Task 2: Scoring & Prioritization Tool. Drawing on our industry-leading expertise in Performance-Based Planning and Programming and library of existing source code and GIS tools, we will advise on best practices for implementing a data-driven approach to project prioritization (including measure selection, weighting, and scoring), and develop and deliver to the city a GIS-based tool for project scoring and prioritization. Task 3: Prioritized Project List. Based on the gaps identified in Task 1, we will produce an list of projects to close all identified gaps. We’ll work with the city project team to develop quantitative methods for existing prioritization criteria that can be used for automated scoring. Using the tool produced in Task 2, we will rank and prioritize the gap closure projects. Task 4: Project Report . To formalize the transition of the project deliverables to the city, we’ll produce both a brief written report describing our methods and deliverables. We also propose to produce an Esri StoryMap documenting the project and its deliverables. In the sections that follow we explain our proposed approach in greater detail. 69 4 Task 1: Inventory & Gap Identification In this task, we’ll establish a clear baseline of existing bicycle and pedestrian infrastructure and where gaps in that infrastructure exist. Sidewa lk, Bike Lane, and Marked Crossing Inventory High resolution aerial imagery coupled with Artificial Intelligence and sophisticated processing algorithms can cost effectively identify existing infrastructure across large geographic areas. Ecopia is a leading and cost-effective provider of infrastructure inventories using aerial imagery and its proprietary AI and algorithms to produce accurate and cost-effective inventories of roadway elements including sidwalks and bicycle lanes. Ecopia’s industry-leading AI detection models are coupled with advanced processing algorithms and information from complementary data sources (including OpenStreetMaps) to make smart inferences that improve the accuracy of its AI-derived locations. At the outset of this task High Street will contract Ecopia to produce three data layers using Bozeman’s 2023 7.5cm resolution aerial imagery: 1)Sidewalks. Polyline representation with width attribute. 2)Bicycle lanes and shared use paths. Polyline representation with type attribute. 3)Painted pedestrian crosswalks. Polyline representation. In total, we estimate that Bozeman has more than 500 miles of sidewalks. Ecopia provides a cost- effective method to produce an inventory of all sidewalks within city limits. This service is included within our proposed scope, and we have allocated for its cost in our internal budget. Ecopia’s process typically takes three to four weeks. The resulting layer linework will represent the actual geographic locations and alignments and include key attributes like width (sidewalks) and type (bike lanes). Based on our prior experience using Ecopia data, we’ve found that the outputs from Ecopia’s processing are good but not perfect. We will manually review the outputs of the Ecopia processing against existing data layers, data validation rules, and our own knowledge of existing conditions, and make corrections as necessary. The resulting infrastructure data layers will be reviewed for quality and completeness. We will ensure the data layers conform to inventory standards provided by the City of Bozeman. As necessary, we will compliment these standards with bicycle and pedestrian data schema guidance from the National Bikeway Network and emerging recommendations from the Bicycle, Pedestrian, and Accessibility Infrastructure Data Working Group convened by the Bureau of Transportation Statistics (BTS). With the benefit of a complete inventory of existing infrastructure, we will proceed to gap identification. Mark Egge will be the primary liaison between Ecopia, the consultant team, and the City. Itai Intrater will take primary responsibility for manual review of the Ecopia outputs against existing GIS resources, and Mark Egge will review for accuracy and completeness. Ga p De finition Before identifying gaps, we will first work with the City’s project team to define the gaps to be identified. 70 5 We propose to meet with the City’s project team and any relevant stakeholder groups (GVLT, etc.) to collectively define and accept the methodology for the identification of gaps within the City of Bozeman. Past experience with similar projects has shown that cities around the country have different understandings of what constitutes a gap and how it should be accounted for within the planning process. Based on our team’s extensive experience working with Bozeman transportation planning projects we believe the following types of gaps may be useful to be independently identified and tracked throughout the project. 1.Sidewalk Gaps – Streets in Bozeman that lack sidewalk on one or both sides of the street. 2.Area Ga ps – Full neighborhoods or areas that have few to no sidewalks (such as the New Hyalite View subdivision) or areas that lack any comfortable bicycle facilities (such as Downtown Bozeman). 3.Lineal Gaps – Longer sections of street or missing segments of trail or shared use path that create gaps between existing built facilities. 4.Planning Gap – Sections of disconnected, but previously planned transportation facilities, such as within future subdivisions or to be included with future roadway improvement projects. Such facilities should not necessarily be included within the Lineal Gap category as they would typically not be implemented as an exclusive project targeted solely at active transportation users. (Alternatively, an attribute for lineal gaps indicating if the gap may be filled with developer, MDT road improvement projects or other CIP level identified projects, or if the gap would need to be filled with a unique active transportation specific project.) 5.Experiential Gap – Existing sections of street or trail which do not offer as comfortable or attractive an experience as upstream and downstream segments. This may result in some types of users to not travel due to a reduction in experience quality. Examples could include a shared use path terminating and reappearing along a street, or a bike lane dropping to a shared lane. Identifying these gaps will rely on the existing Level of Traffic Stress (LTS) data layer developed during the 2017 TMP. 6.Spot Ga p – Key focal points, such as short sections of missing bike lane or trail, crossings or intersections that lack appropriate accommodations for comfortable pedestrian or bicycle travel. We will meet with the City project team to formalize and revise these gap definitions. Joe Gilpin will lead the process of defining gap types. Gap Identification Once accepted definitions are agreed upon, the project team will use GIS processing and manual review to identify these gaps. We will combine the newly created inventory of sidewalks and bicycle facilities with the team’s advanced GIS analytics capabilities to automatically scan and identify gaps. Automated evaluations will include: 1.Scan of roadways without sidewalks. Using the city’s existing roads GIS layer, we’ll buffer the roadway features and intersect with the sidewalks layer. Divided roads should match 71 6 with one sidewalk or shared use path. Undivided roads should match with two sidewalks or shared use paths. Where these conditions are not a met, a gap is identified. This approach will be used to quickly identify local streets lacking sidewalks (e.g. the “Tree Streets”). 2.Scan of active transportation activity without corresponding infrastructure. Strava Metro provides a rich dataset of active transportation data. Although heavily overrepresenting recreational users and uses, Strava Metro can be used to identify locations that exceed a threshold quantity of foot or bicycle activity that do not match with i) a sidewalk or shared use path for foot activity; or, ii) a bike lane, shared use path, or low level of traffic stress roadway for bicycle activity. Strava Metro data uses OpenStreetMap (OSM) segments as its underlying GIS representation. We have extensive experience conflating between OSM and local GIS layers. The purpose of the automated evaluation is to be as exhausted as possible in gap definition. With the benefit of automation, we will be able to identify where whole neighborhoods are missing sidewalks or where long segments of higher functional class roads (e.g. Main Street) lack bicycle facilities. Once the automated process is complete, the consultant team will review the identified gaps and correct or remove errors or omissions from the automated processing. To aid our verification, we will review the outputs against the existing gap identification data layers (e.g. the Neighborhoods Lacking Sidewalks layer from the 2017 TMP, the PRAT project list, etc.) and knowledge of the area. Where necessary, we will manually add or remove additional gaps based on the gap definitions established earlier in this task. The gaps will be mapped as GIS features. Lineal gaps will be represented as polylines. Area gaps will be represented as polygon overlays. Spot gaps will be represented as points or polylines. Ahjung Kim will lead the automated GIS gap identification, with support from Itai Intrater. Mark Egge will provide quality oversight and review. GIS Data Layer & Review The inventory data will be equal in extent to the coverage of the City’s 2023 Aerial Imagery. Having prepared draft inventory and gap data layers, the draft layers will be shared with the City of Bozeman project team for review. Our review of gaps will be limited to the outer extent of current city limits, with clear delineation of facilities and gaps that exist within Gallatin County inholdings. Gaps within county inholdings will be included in our gap inventory, and can be included or excluded from subsequent analysis at the City’s direction. At the City of Bozeman’s direction, we are prepared to also share the draft data layers with other stakeholders (e.g. GVLT, WTI, Gallatin County, Streamline, etc.) for review and comment, if desired. We have not included any public outreach in our proposed approach, but are prepared to support the City if it desires to launch a public Engage Bozeman map with the gaps to identify other missing gaps and barriers or to facilitate the prioritization process. The objective would be to allow an easily imported public input layer into the ultimate tool described in Task 2. 72 7 The GIS bicycle and pedestrian infrastructure feature layers produced will be intended to be contiguous, such that the features could ultimately be (as part of a future project) combined into a routable network. A routable network makes possible many types of advanced analytics such as accessibility and connectivity analysis and travel demand modeling which can be used for future planning or prioritization. The data layers will be provided in the format specified in the RFP (Esri file geodatabase in UTM and State Plane coordinate systems). Mark Egge will lead the review and submission of the GIS feature layer deliverables, including the inventory of bicycle lanes and facilities; the inventory of sidewalks; and, the draft and final inventory of gaps therein, with support from Itai Intratier. Deliverables we’ll submit: (1) Updated GIS inventory of active transportation facilities; (2) Memo and meeting to finalize gap definitions; (3) Draft and final GIS features of identified gaps using definitions and existing conditions. Task 2: Scoring & Prioritization Tool Prioritization Criteria & Weights As part of the RFP document for this project the City provided a list of prioritization criteria within the RFP Appendix C. After review, our project team confirms that the overall Criteria are in line with peer city best practices, however the elements and questions within each criterion are decidedly qualitative, labor intensive to create and update, and, in some cases, subjective. Our team proposes to create a memorandum summarizing various qualitative and quantitative measures that peer cities have employed to prioritize gaps and projects within their active transportation systems. This memo will also provide examples of entirely data-driven methodologies that would rely primarily on spatial data and analysis and would not use qualitative or subjective processes that would be more time intensive in the future should city staff wish to update the prioritization process. (See Table 1 Scoring Logic for Automation on Page Error! Bookmark not defined. for more details.) Shortly following distribution of the memo, our project team proposes to engage with City staff and key stakeholders to review the contents of the memo and identify the preferred prioritization criteria and methodology. The goal of this meeting is to identify the ideal criteria and methodology for Bozeman; one that provides both meaningful outputs, supports automation, and preserves the ability of city staff to update the results in the future. Weighting Methods: Weighting performance measures enables agencies to align performance measures with agency goals and to make tradeoffs between competing objectives (e.g. quality vs. quantity) and implementation of multi-objective decision analysis. 73 8 Figure 2 Typical Weighting Options High Street frequently assists agencies in establishing weights for their project evaluation criteria. Common methods employed for establishing weights are summarized in Figure 7. Our team has experience with each of these methods. For this project we recommend directly setting weights by consensus among subject matter experts based on their assessment of measure outcome importance. We will provide draft weights for initial scoring and then revise these weights with the City’s subject matter experts in the Task 3 workshop. The provided tool will make it easy to adjust weights in the future based on ranking outcomes or based on a future AHP or Swing Weighting exercise (which we typically subcontract out and could offer as an optional addendum). Joe Gilpin will draft memo content describing best practices among peer cities. Kevin Ford will contribute content for establishing weights. Mark Egge will review existing measures and draft recommended calculation procedures based on existing data to automate the City’s existing measures. Tool Development Over the past five years High Street has developed and implemented more than a dozen prioritization tools for transportation agencies. This experience enables us to cost effectively provide the City of Bozeman with scoring and prioritization tools that conform to national best practices as part of this project. Based on the outcome of staff and stakeholder engagement our team will provide a flexible and scalable platform for scoring spatial features for bicycle and pedestrian infrastructure need and prioritizing candidate improvements. Our approach is flexible, though we anticipate that the High Street team will develop and deliver a geoprocessing toolbox designed to be run from within Esri’s ArcGIS Pro desktop geographic information systems (GIS) software. The toolbox will contain tools for project scoring, analysis, and prioritization using a simple, user-friendly interface. Each tool contained within the toolbox will be written in Python. This design will allow the toolbox and embedded tools to be shared easily across the organization with seamless integration into ArcGIS. Project Scoring and Prioritization Process Figure 8 shows a typical project scoring process, which begins by applying each scoring criteria to every GIS feature contained within the data layer being scored. Project scores can be assigned either with automated scoring tools or with scores provided by subject matter experts. Each performance measure produces initial scores known as raw scores. Raw scores are normalized to a 0 – 100 range, and the measures weights are multiplied by the normalized scores to produce a project score or composite score. 74 9 Figure 3 Typical Project Scoring Process Raw score values each have their own unique ranges, e.g. a binary 0/1 score for “overlaps with a PRAT Plan route” versus a count of residents living within a half mile of the proposed project. To allow apples-to-apples comparison between raw score ranges, the raw scores will be normalized to a 0 – 100 scale. Normalization logic may include clipping extreme values or log transformation before being scaled based on business logic suggested by the consultant team and endorsed by the City. The outcome will be normalized score values than can be weighted and compared across prioritization criterion. Figure 4 Example GIS Geoprocessing Tools for Scoring Once normalized scores have been generated for prioritization criterion, a composite score can be calculated for each feature by applying the measure weights to the normalized score values and calculating the prioritization criterion total. The composite score, in turn, is used for project ranking and prioritization. Calculate Raw Scores Compute Normalize Scores Apply Weights Generate Composite Scores 75 10 Toolbox GIS Infrastructure & Design The t oolbox and tools within will be designed to use either an ArcGIS Online or ArcGIS Enterprise instance as the foundation platform. Weight values will be adjustable on-the- fly so that users can experiment with different scenarios (e.g. Figure 9). The toolbox and tools will be designed to work with local feature classes or hosted feature classes on ArcGIS Online or ArcGIS Enterprise. The scoring toolbox will be used internally for Task 3 and delivered to City of Bozeman staff for training and testing. Ahjung Kim will lead the tool development and operation with support from other High Street staff. Deliverables we’ll submit: (1) Prioritization Criteria Memo; (2) Project scoring geoprocessing toolbox. Task 3: Prioritized Project List Our team will use the finalized prioritization methodology to score and rate each of the identified gaps. Gaps included within the PRAT project list will be attributed as such (and any differences reconciled with direction from the city). Project scores can then be sorted either against each other, or categorized within specific project categories. For example, it may be better to rate on- street bikeway projects against each other separately of shared use path or trail projects due to the differences in funding streams and departments involved. Similarly, spot gap projects (such as intersections and crossings) may be better to compare against each other rather than against a lineal project. We will work collaboratively with city staff to score gaps using the existing criteria provided in the RFP Appendix C. With some light modification many of the exiting criteria can be automated. As an example, possible automations for existing measures under the Safety, Equity and Public Input criteria are suggested in Table 1. We would work with the city to refine these suggested data driven implementations of existing measures and define similar approaches for the remaining criteria. Once automation procedures are identified and agreed upon, High Street staff will implement the measures in the Scoring and Prioritization Tool for those measures where the necessary GIS feature layers are available. We characterize this approach to project scoring as a “needs analysis” to the extent that we are scoring gaps based on existing conditions, rather than benefits (and costs) of a particular project to address an existing deficiency. This type of needs analysis is a useful basis for choosing which projects warrant the engineering effort to scope. Per the City’s instructions, we will identify existing gaps, but leave selection of treatments or facilities as future work for City engineering staff. Without having specific project scopes (e.g. 76 11 crossing gap could be addressed with a painted crosswalk, a raised crosswalk, an RFFB, or a tunnel—treatments with very different costs and benefits), we will instead score based on data about the needs (such as nearby demand, connectivity enabled, etc.) of a particular location based on the City’s existing criteria. It is likely that a first run of the prioritization methodology may result in lists of projects that score in an order that provides unexpected results. An example might be a long-desired community project that rates lower in the rankings than expected. Ahjung Kim will apply the scoring tools developed in the previous task. As necessary, Mark Egge and Itai Intrater will assist with gathering and preparing supporting data layers. Kevin Ford will provide oversight of the scoring and weighting process. Upon completion of the first run of the scoring and prioritization methodology, we propose an in- person workshop with the City project team to: 1.Finalize Performance Measure Weights. We will facilitate a conversation among the project team to establish criteria and measure weights by consensus. Once weights are established, the projects will be rescored in real time with new weights using the Task 2 Scoring and Prioritization Tool. 2.Review results of the initial prioritization. 3.Discuss any desired revisions to the methodology, measures, or measure calculation procedures. This is an opportunity to validate the methodology and determine if it is producing overall results that match the expectations of City staff and key stakeholder groups. If needed, the project team can adjust the methodology based on feedback to produce the final methodology. Once the scoring methodology is agreed upon and adopted, we will apply the methodology to create a complete list, by facility type (i.e., sidewalks, shared use paths, bicycle lanes, and intersection and mid-block crossings at arterial and minor arterial streets), of prioritized projects for the next five (5) years based on the analysis tool. Joe Gilpin will lead the planning and execution of the scoring workshop and attend in person along with Mark Egge. Mark Egge will be responsible for delivery of the scored and ranked gaps. Deliverables we’ll submit: (1) Documentation of measure scoring methodology for automated measures; (2) In-person workshop to refine process after initial scoring and ranking; (3) Complete list of scored and ranked projects. Task 4: Project Report The High Street team will produce a succinct written report summarizing the project, its objectives, methods employed, spatial data layers produced (including additional metadata, as necessary), key decisions made, and top-ranked projects/gaps. The report will document recommendations for updating and maintaining the data layers over time and for repeating the scoring procedures. The team will prepare and provide a user guide for the Scoring and Prioritization Tool geoprocessing toolbox as well. We will provide training and instruction for city GIS or engineering 77 12 staff on operating the tool and a high-level overview of how the tool is built and organized should the City desire to modify or extend the tool in the future. Finally, to memorialize the project and its outputs in a visual, engaging, and accessible manner (which can optionally be shared with the public), the consultant team will develop an Esri StoryMap that summarizes the project and presents the key project deliverables. Mark Egge will coordinate drafting of the project report, with content written and contributed by the respective contributors. Ahjung Kim will draft the user guide. High Street’s Mackenzie Bartek will provide layout and graphic design support for the written report and StoryMap, and High Street’s Joe Crossett will review for quality. Mark Egge will publish the GIS resources for the StoryMap and Joe Gilpin will draft the content. Deliverables we’ll submit: (1) Concise written report summarizing project approach, guidance on project weighting system, and best practices to support methodology; (2) User guide for Scoring and Prioritization geoprocessing tools; (3) Interactive Esri StoryMap project summary. Work Plan Resource Summary 78 Bozeman MT Bike Ped Gap Analysis High Street Consulting Group Date Developed 3/18/24 Start Date 4/1/24 End Date 2/28/25 Personnel Labor Category Role Rate Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars High Street Egge, Mark Director Project Manager $230 60 $13,800 16 $3,680 16 $3,680 8 $1,840 100 $23,000 Kim, Ahjung Senior Consultant II Senior Software Developer $165 4 $660 60 $9,900 4 $660 4 $660 72 $11,880 Intrater, Itai Consultant II GIS Analyst $125 80 $10,000 0 $0 24 $3,000 12 $1,500 116 $14,500 Bartek, Mackenzie Senior Consultant I Graphic Designer $135 0 $0 0 $0 0 $0 8 $1,083 8 $1,083 Crossett, Joe Partner Quality Control Officer $338 1 $338 1 $338 0 $0 1 $338 3 $1,015 Bott, Ashley Senior Admin Support II Quality Control Officer $157 2 $315 1 $157 1 $157 2 $315 6 $944 Ford, Kevin Partner Quality Control Officer $302 2 $603 2 $603 8 $2,412 2 $603 14 $4,222 High Street Labor Total 149 $25,716 80 $14,679 53 $9,910 37 $6,339 319 $56,643 Joe Gilpin Consulting Gilpin, Joe Director Senior Bike/Ped Planner $220 80 $17,600 24 $5,280 60 $13,200 12 2,640$ 176 $38,720 Subcontractor Labor Total 80 $17,600 24 $5,280 60 $13,200 12 2,640$ 176 $38,720 Total Labor 229 $43,316 104 $19,959 113 $23,110 49 8,979$ 495 $95,363 ODCs Description Postage and Printing $0 Software Ecopia Sidewalk and Bike Lane Inventory $3,580 Lodging $0 Airfare $550 Ground Transport $257 Meals $250 ODCs Total $4,637 TOTAL $100,000 Total Inventory Analysis Tool Prioritized Project List Report Task 1 Task 2 Task 3 Task 4 79 Memorandum REPORT TO:City Commission FROM:Marcy Yeykal - Public Works Office Manager John VanDelinder - Streets Superintendent SUBJECT:Authorize the City Manager to Sign an Addendum to the Professional Services Agreement with Sprout, Inc. Land & Hardscaping for Median and Grounds Maintenance Services MEETING DATE:April 16, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an Addendum to the Professional Services Agreement with Sprout, Inc. Land & Hardscaping for median and grounds maintenance services for City maintained medians and City owned property at 814 North Bozeman (City Shops), 2245 Springhill Road (Water Reclamation Facility), 1812 North Rouse Avenue (Vehicle Maintenance), the Green Sand Shed on East Griffin, 2125 North Rouse Avenue (Old Landfill) and 5519 Saxon Way. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman entered into a one-year contract with Sprout, Inc. Land & Hardscaping on April 13, 2021 for median and grounds maintenance services. Section 31 of the Professional Services Agreement allows for extension of the contract not to exceed five (5) years. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The Street Division budgeted $100,000 in FY24 and $85,000 in FY25(STR30) for combined median maintenance and irrigation services. Attachments: Exhibit A - City Maintenance 2024 2024 Exhibit B - Location Specific Scope of Services Report compiled on: April 3, 2024 80 City of Bozeman Maintenance Proposal: Date: 4/03/2024 Client Name: City of Bozeman, Department of Public Works Bozeman Public Works Contact: Marcy Yeykel Physical Address: 20 E. Olive St. Bozeman, MT 59715 Mailing Address: P.O. Box 1230 Bozeman, MT 59771 Phone: (406) 582-2273 List of Maintenance Sites, Scope of Work and Cost Associated with Each Site: Grounds City Shops Complex, 814 N. Bozeman Ave. Mowing one time per week $84.00 Trimming one time per week $42.00 Weed Spraying one time per year $270.00 Water Reclamation Facility, 2245 Springhill Rd. (7acres): Mowing one time per week $490.00 Trimming one time per week $225.00 Weed Spraying one per year Herbicide only $1632.00 Note: As instructed we will not mow the drainage basins. We will keep a manicured mow line around basins. We are also available clean out basins when/ if needed as we did last year. Vehicle Maintenance shop, 1812 N. Rouse Ave. Mowing two times per month $63.00 Trimming two times per year $141.75 Weed spraying one time per year $120.00 Lower Yards, (Green Sand Shed) E. Griffin Dr. Mowing two times per Month $141.75 Trimming two times per year $47.25 Weed Spraying one time per year $200.50 Note: As instructed we will not mow the drainage basins. We will keep a manicured mow line around basins. We are also available clean out basins when/ if needed. 81 Old Landfill, 2125 N. Rouse Ave. Mowing two times per year: $549.00 Trimming two times per year: $90.00 Weed Spraying one time per year $204.00 Medians Valley Center Road Median, between 19th and 27th: Mowing one time per week $135.00 Trimming one time per month $70.00 Weed Spraying one time per year $256.00 South Cottonwood Road Median, Between Babcock St. & Fallon St. Mowing one time per week $95.00 Trimming one time per month $50.00 Weed Spraying one time per year $234.00 South Cottonwood Road Medians, Between Babcock St. & Oak St. Mowing as needed $395.00 Trimming as needed $168.00 Weed Spraying as needed $936.00 Fowler Avenue Median: Weed spraying as needed $112.00 South 8th Avenue Median, between Main and Harrison: Mowing one time per week $160.00 Trimming two time per month $90.00 Weed Spraying one time per year $163.00 Kagy Boulevard Median, between Wilson and 7th: Mowing one time per week $50.00 Trimming one time per month $25.00 Weed Spraying one time per year $236.00 Kagy Boulevard Median, between Highland and Wilson Mowing one time per week $180.00 Trimming one time per month $80.00 Weed Spraying one time per year $730.00 Highland Boulevard Median, between Hillcrest and Holly Dr. Mowing one time per week $50.00 Trimming as needed $25.00 Weed Spraying one time per year $85.00 Davis Lane between Oak and Baxter Trimming as needed $270.00 82 Oak Street Median, between 25th and New Holland Mowing one time per week $125.00 Trimming two times per month $55.00 Oak Street Median, between 25th and Cottonwood St. Weed Spraying one time per year $2383.00 North 27th Avenue between Oak St. & Baxter Ln. Mowing 3 times per year, per mow price $155.00 Trimming 3 times per year $65.00 Trimming as needed, if trimming down whole median $360.00 Weed Spraying on turf one time per year $295.00 Pre-emergent application in beds $325.00 South 27th Avenue, between Kurk Dr. & Blackwood Rd. Mowing one time per week $75.00 Trimming one time per month $55.00 Weed Spraying one time per year $156.00 North 19th Avenue, between Durston Rd. and Beall St. Mowing one time per week $47.25 Trimming as needed $30.00 Weed Spraying as needed $166.00 Graf Street, 19th Ave to Macnab St. and north on S.11th to Student Dr. Spraying of weeds as needed $945.00 N. 7th Avenue Medians, Aspen St. to Villard St. Spring Clean-up $820.31 Cleaning up trash, cigarette butts and debris left behind from winter plowing Sweeping off all concrete and getting the pea gravel back into the beds Checking all irrigation for ant winter damage General bed clean up including weeding and raking of pea gravel Evaluation of all plants in bed Monthly Maintenance, two times per month $180.00 Garbage removal Checking irrigation and pinning down drip lines Weeding Fall Perennial Cut Back $304.00 Cutting back of all perennials and perennial grasses Making sure all beds are secure for the winter season Pre-emergent application, one time per year $426.00 83 College St. Medians, 19th to Main St. Spring Clean-up $1216.00 Cleaning up trash, cigarette butts and debris left behind from winter plowing Sweeping off all concrete and getting the pea gravel back into the beds Checking all irrigation for any winter damage General bed clean up including weeding and raking of pea gravel Evaluation of all plants in bed Monthly Maintenance, two times per month $270.00 Garbage removal Checking irrigation and pinning down drip lines Weeding Fall Perennial Cut Back $228.00 Cutting back of all perennials and perennial grasses Making sure all beds are secure for the winter season Pre-emergent application, one time per year $504.00 Note: I took the liberty of including a spring clean-up price for both the N. 7th and College Medians. Last year both medians were a mess after the snow melted. The plowing, sanding and garbage debris from 5 months of winter leaves those medians in rough shape. Two hours twice a week in April/ May will not get them back into the shape our standard of quality represents, or to the standards I think the City would like to present. Once initial clean-up is complete, regular maintenance will keep them looking good all season. Hourly Rates: Mowing & trimming $75.00 per person Garden Maintenance: Weed pulling, maintenance of native grasses/ drought tolerant plants $75.00 per person Landscaping services $75.00 per person Landscaping consultation is free when discussing current scope of work and looking at new maintenance accounts. Landscape consulting on non-contracted landscaped areas is $65.00 hr. Spraying of weds along the cracks adjacent to medians where the concrete meets the asphalt. $95.00 flat fee for up to 1000 feet, $.15 each additional foot. Please direct any questions or comments to Scott Urban, Owner/ Project Manager Phone: (406) 581- 6597 Email: sproutinclandscaping@gmail.com . 84 EXHIBIT B: LOCATION SPECIFIC SCOPE OF SERVICES LOCATION: ADDRESS: MOWING FREQUENCY: TRIMMING FREQUENCY: SPRAYING FREQUENCY: MISC: GROUNDS City Shops Complex 814 N. Bozeman Ave. 1x/week 1x/week 1x/year Water Reclamation Facility 2245 Springhill Rd. 1x/week 1x/week 1x/year Vehicle Maintenance Shop 1812 N. Rouse Ave. 2x/month 2x/year 1x/year Green Sand Shed E. Griffin Dr. 2x/month 2x/year 1x/year Mowing to occur until the vegetation dies (approx. end of July) Old Landfill 2125 N. Rouse Ave. 2x/year 2x/year 1x/year The area to be mowed may be reduced in the future. MEDIANS North 7th Avenue Aspen St. to Villard St. n/a 1x/year pruning in the fall (cut back perennials) 1x/year pre- emergent herbicide spraying (early spring) Other: 2x/month • Garbage removal • Re-cover/pin down fabric and irrigation drip lines • Weeding South 8th Avenue Main St. to College St. 1x/week 2x/month 1x/year North 19th Avenue Durston Rd. to Beall St. 1x/week As needed 1x/year North 27th Avenue Oak St. to Baxter Ln. As needed to maintain tall grass. Ideally no more than 3x per season. 1x/year pruning in the fall (cut back perennials). As needed in grass areas. 1x/year pre- emergent herbicide spraying (early spring) for perennials. Medians were landscaped in 2021. As this is the first year of maintenance, actual needs may vary but are anticipated to include work listed here. Other work for perennial beds includes (2x/month): 85 • Garbage removal • Re-cover/pin down fabric and irrigation drip lines • Weeding South 27th Avenue Kurk Dr. to Blackwood Rd. 1x/week 1x/month 1x/year The southernmost median just north of Blackwood Rd. is not currently landscaped. Weed removal will be necessary until landscaping occurs. College Street 19th Ave. to Main St. n/a 1x/year pruning in the fall (cut back perennials) 1x/year pre- emergent herbicide spraying (early spring) Other: 2x/month • Garbage removal • Re-cover/pin down fabric and irrigation drip lines • Weeding Cottonwood Road Between Fallon St. and Oak St. As needed As needed Multiple times to keep weeds under control Medians are not landscaped. Weed removal will be necessary until landscaping occurs. Davis Lane Oak St. to Baxter Ln. n/a As needed n/a Fowler Avenue Huffine Rd. to Garfield St. As needed Other: • Median currently contains artificial turf but turf will be removed and median will be landscaped in the near future. Maintenance needs to be determined. 86 Graf Street 19th Ave. to Macnab St. Multiple times to keep weeds under control Weed removal will be necessary on a regular basis within the medians, boulevards, and the roundabouts. Highland Boulevard Hillcrest to Holly Dr. 1x/week As needed 1x/year Medians are not irrigated and will only need to be mowed until they become dry. Kagy Boulevard Willson Ave. to 7th Ave. 1x/week 1x/month 1x/year Kagy Boulevard Highland Blvd. to Willson Ave. 1x/week 1x/month 1x/year Medians are not irrigated and will only need to be mowed until they become dry. Oak Street Cottonwood Rd. to 27th Ave. 1x/week 2x/month 1x/year Medians between New Holland Dr. and Cottonwood Rd. are not currently landscaped. Weed removal will be necessary on a regular basis until landscaping occurs. Once landscaping is installed, maintenance needs will be determined. Valley Center Road 19th Ave. to 27th Ave. 1x/week 1x/month 1x/year ADDITIONAL MAINTENCE AND SERVICES: • Spraying of weeds along cracks adjacent to medians where the concrete meets the asphalt. • Additional medians or boulevards may be added as needed. 87 Memorandum REPORT TO:City Commission FROM:Marcy Yeykal - Public Works Office Manager John VanDelinder - Streets Superintendent SUBJECT:Authorize the City Manager to Sign an Addendum to the Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-Up, Winterization, and Maintenance Services MEETING DATE:April 16, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an Addendum to the Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-up, Winterization, and Maintenance Services for City Maintained Medians and City Owned Property at 814 North Bozeman (City Shops), 2245 Springhill Road (Water Reclamation Facility), and 5519 Saxon Way. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND: The City of Bozeman entered into a one-year contract with Hydrologistics Irrigation LLC on April 13, 2021 for irrigation services. Section 31 of the Professional Services Agreement allows for extension of the contract not to exceed five (5) years. This addendum is a request from staff to extend this contract for one-year. This extension provides for continuity of work flow and benefit to the City from experience of irrigation systems obtained by Hydrologistics. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The Street Division budgeted $100,000 in FY24 and $85,000 in FY25(STR30) for combined median maintenance and irrigation services. Attachments: 2024 Scope of Services 2024 Hydrologistics maintenance quote Report compiled on: April 3, 2024 88 89 SCOPE OF SERVICES The scope of services includes: 1. irrigation system start up, 2. irrigation system winterization, 3. irrigation system maintenance, 4. efficient irrigation system scheduling that meets the needs of plant types in each location throughout the growing season. Seasonal watering schedules shall be approved by COB Water Conservation Division staff. The irrigation systems included in this scope of services are listed below: LOCATION ADDRESS SYSTEM TYPE City Shops Complex 814 N. Bozeman Ave. Overhead spray Water Reclamation Facility 2245 Springhill Rd. Overhead spray Valley Center Road 19th Ave. to 27th Ave. Overhead spray Cottonwood Road Babcock St. to Fallon St. Overhead spray S. 8th Avenue Main St. to College St. Subsurface drip Kagy Boulevard Willson Ave. to 7th Ave. Overhead spray Oak Street Davis Ln. to 27th Ave. Overhead spray N. 27th Avenue Oak St. to Baxter Lane Overhead spray & drip S. 27th Avenue* Blackwood St. to Kurk Dr. Overhead spray College Street 19th Ave. to Main St. Drip N. 7th Avenue Aspen St. to Villard St. Drip N. 7th Avenue Mendenhall to Durston Drip *Only the two southern-most medians are included in this contract Other related services may be requested on an as needed basis. Locations may be added or removed from the contract at any time. Irrigation system type may change as the COB installs drought tolerant landscaping in place of turf grass in new and existing medians and city owned properties. 90 499 Hyalite View Drive Bozeman, MT 59718 josh@hydroli.com 406.570.0814 2024 Quote for Public Works Street Department Irrigation System Maintenance Date: 4.5.2024 City of Bozeman Public Works Contact: Marcy Yeykal Phone/email: 582-2273 / myeykal@bozeman.net Prepared by: Josh Proff TOTAL LUMP SUM BASE PRICE QUOTES for Irrigation Maintenance based on COB request with submittal date 3.16.2018 Spring Start-Up One Thousand Four Hundred Dollars and 00 Cents ($1400.00) (Price in Words) Startup systems in the Spring, usually late April to mid May, depending upon the weather. Install backflow protection devices removed during prior year's winterizations. Coordinate with City staff to turn on water to metered systems. Charge/pressure-test systems and run through all zones to inspect for proper operation. Change heads, nozzles, emitters, etc. as needed. Make adjustments to minimize overspray onto walkways and roads. Program controllers for water-efficient/conservation operation; set overhead spray systems to operate between 10pm and 6am; set sub-surface and drip systems to operate between 6am and 12pm. The systems will not be set to the “on” operational position until the plant water requirements need to be supplemented. Miscellaneous Repairs and Maintenance – as needed Seventy-Five Dollars and 00 Cents per hour ($75.00/hour) (Price in Words) Monitor systems for obvious damage and/or leaks. Periodically perform thorough system run-through to check for damage or obstructions. Make adjustments to minimize overspray onto walkways and roads. Reprogram/adjust system controllers for seasonal operation. Fall Winterization One Thousand Nine Hundred Dollars and 00 Cents ($1900.00) (Price in Words) Winterize systems in the Fall, usually end of September to beginning of October, depending on the weather. Coordinate with City staff to turn off water to metered systems. Blow all water out of the systems utilizing a large-capacity air-compressor. Remove backflow assemblies, as-needed, and set other backflow prevention devices to their “winterized” positions. Deactivate irrigation controllers and turn power off to well-water control panels. 91 499 Hyalite View Drive Bozeman, MT 59718 josh@hydroli.com 406.570.0814 Startup/Winterization breakdown: 100/100 City Shops Complex 200/300 Water Reclamation Facility 150/250 Valley Center Road - 19th to 27th 50/50 North Cottonwood Road – Babcock to Fallon 150/200 S. 8th Avenue – Main Street to Harrison 50/50 Kagy Boulevard – Willson Street to 7th 150/200 Oak Street - 27th to Davis 150/200 North 27th - Oak Street to Baxter 50/50 South 27th Avenue – Blackwood to Kurk Drive 100/150 College Street - 19th to Main Street 50/50 North 7th Avenue Medians 200/200 North 7th Boulevards – Mendenhall to Durston 1400 / 1900 92 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney SUBJECT:Decision to Reclaim the Guthrie at 5th and Villard Site Plan and Commercial Certificate of Appropriateness, and Demolition Application 23354 MEETING DATE:April 16, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Consider the Motion: Pursuant to 38.200.010.B.2, BMC, I move to reclaim Application 23354 and request the City Manager schedule the application for review by the Commission and provide notice to the public. STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND: On November 27, 2023, property owner Fifth and Villard Apartments, LLC submitted an application for a commercial non-residential certificate of appropriateness, demolition and site plan proposing “The Guthrie” building (the “Application”). The application site is zoned R5 (residential mixed-use high density) and is within the City’s Neighborhood Conservation Overlay District (NCOD). The application proposes a five floor multifamily residential building with a total area of approximately 64,860 feet and 111 residential units including 56 as affordable units and relying on the deep incentives provision at 38.380.030, BMC. The application and related materials can be found in the City’s Community Development Viewer. The Application is pending administrative review by the Director of Community Development. Pursuant to 38.200.010.B.2, BMC, the City Commission, “may, by a simple majority vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development application normally subject to the approval of the community development director. The vote must occur prior to the action of the community development director.” As of the date of this report, the Director of Community Development has not issued a decision on the Application. Should the Commission reclaim the 93 decision on the Application, the decision on the Application will be scheduled and noticed for a later date. UNRESOLVED ISSUES:Should the Commission decide to reclaim this application, staff will schedule and notice the Commission’s action on the site plan at a publicly noticed meeting of the Commission. ALTERNATIVES:As per the City Commission. FISCAL EFFECTS:Additional noticing costs Report compiled on: April 9, 2024 94 Memorandum REPORT TO:City Commission FROM:Danielle Garber, Associate Planner Brian Krueger, Development Review Manager Erin George, Community Development Deputy Director Anna Bentley, Community Development Director SUBJECT:Urban Farm Phase 2 Preliminary Plat Application with a Subdivision Variance to Section 38.400.010 BMC, to Subdivide Two Lots Zoned REMU and B-2M Totaling 86.44 Acres into a 39 Lot Major Subdivision for Residential, Commercial, Park, and Open Space Uses; Generally Located North of Huffine Lane, South of Fallon Street, and West of Cottonwood Road, Application 23039 (Quasi-Judicial) MEETING DATE:April 16, 2024 AGENDA ITEM TYPE:Community Development - Quasi-Judicial RECOMMENDATION: Having reviewed and considered the application materials, public comment, and all the information presented. I hereby adopt the findings presented in the staff report for application 23039 and move to approve the subdivision and subdivision variance from Section 38.400.010 with conditions and subject to all applicable code provisions. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND: The Department of Community Development received a Preliminary Plat Application on March 3, 2023 requesting to subdivide 86.44 acres to create thirty-nine (39) lots zoned B-2M (Community Business District - Mixed) and REMU (Residential Emphasis Mixed Use) including twenty-one (21) developable lots, eleven (11) open space lots, and seven (7) city park lots with easements and associated right of way. The underlying growth policy designation for the subject property is Community Commercial Mixed Use. On February 23, 2024 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions 95 and code provisions identified in this report. One subdivision variance was requested with this preliminary plat application to not construct the portions of Valley Commons Drive and Competition Drive west of Eldorado Avenue as required by BMC 38.400.010. Based on staff analysis of the information presented and the subdivision variance criteria in BMC 38.250.080, staff supports approval of the variance request. The applicant requested and was granted waivers with the pre-application plan review on August 10, 2022 for agriculture, miscellaneous, and affordable housing. Please see the staff report for analysis of the remaining review criteria. 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 May 17, 2024. The City Commission meeting regarding this subdivision and subdivision variance is scheduled for April 16, 2024. The Community Development Board acting in their capacity as the Planning Board considered the application and voted unanimously to provide a recommendation of approval on April 1, 2024. Two instances of public comment were received at the meeting and are detailed in the staff report. Submittal materials may be found at the below links: Application Documents Application Drawings 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 drawings folder will contain the full plat set, as well as the overall site plan, proposed landscaping plans, proposed utility and stormwater designs, and proposed street plans. The attachments section at the end of the staff report contains direct links to individual files within the application materials. UNRESOLVED ISSUES:None 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 hearing on the application, with specific direction to staff or the subdivider to supply additional information or to 96 address specific items. FISCAL EFFECTS:Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. Attachments: 23039 CC Staff Report.pdf Report compiled on: April 4, 2024 97 Page 1 of 37 23039 Urban Farm Phase 2 Subdivision Preliminary Plat Public Meeting/Hearing Dates: Planning Board meeting was held - Monday, April 1, 2024 at 6:00 pm. City Commission meeting will be held Tuesday, April 16, 2024 at 6:00 pm Project Description: A major preliminary plat subdivision application with a subdivision variance request to Section 38.400.010 to subdivide two lots zoned REMU and B-2M totaling 86.44 acres into a 39 lot major subdivision for residential, commercial, park, and open space uses. Project Location: Lot R4 of Norton East Ranch Subdivision Phase 4 and the W1/2SE1/4SE1/4 being a Portion of C.O.S. 1005, Located in the South 1/2 of Section 9, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. Staff Finding: The application conforms to standards and is sufficient for approval with conditions and code provisions. Recommended Planning Board Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23039 and move for the Community Development Board in its capacity as the Planning Board to recommend approval of the subdivision with conditions and subject to all applicable code provisions. Recommended City Commission Motion: Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application 23039 and move to approve the subdivision and subdivision variance from Section 38.400.010 with conditions and subject to all applicable code provisions. Report Date: April 4, 2024 Staff Contact: Danielle Garber, Senior 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. Two letters of public comment have been received as of the writing of this report. Public comment is included in the Laserfiche archive for application 23039 and available to the public. 98 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 2 of 37 Unresolved Issues. There are no unresolved issues with this application. Project Summary The Department of Community Development received a Preliminary Plat Application on March 3, 2023 requesting to subdivide 86.44 acres to create thirty-nine (39) lots zoned B-2M (Community Business District - Mixed) and REMU (Residential Emphasis Mixed Use) including twenty-one (21) developable lots, eleven (11) open space lots, and seven (7) city park lots with easements and associated right of way. Proposed land uses for the subdivision are primarily residential with two lots proposed for commercial uses, and one lot currently proposed as a potential new fire station. Development of lots within the subdivision will be subject to Bozeman Municipal Code (BMC) provisions at the time of development for REMU and B-2M Zoning. Seven city park lots are proposed. Three parcels are set aside for a linear park and dog park at the west side of the property, labeled parks A, B, and C. Three linear park lots are proposed along Valley Commons Drive labeled D, E, and F, and a central park labeled park G. The eleven open space lots are proposed to facilitate stormwater retention, pedestrian right-of-way, and watercourse and wetland buffers. Four local streets running north-south are proposed as extensions of S. Eldorado Avenue, Reliance Avenue, Pond Lily Drive, and Water Lily Drive. One new local street, named Betty Lane, and Water Lily Drive are proposed as right-in/right-out accesses from Huffine Lane. Two local streets are proposed to run east-west and are extensions of Competition Drive and Valley Commons Drive. A portion of Valley Commons Drive, Water Lily Drive, and Betty Lane are proposed as non-standard local street sections constructed with back-in angled on-street parking. Only Competition Drive will connect to the street grid to the east at this time. Valley Commons Drive is not currently proposed to connect to the existing grid to the east due to surface water, topography, and adjacent development patterns. The presence of the conservation easement parcel to the west of the subject property limits the ability to continue these east-west drives further to the west. One subdivision variance was requested with this preliminary plat application to not construct the portions of Valley Commons Drive and Competition Drive west of Eldorado Avenue as required by BMC 38.400.010 which requires streets to be constructed to the boundary lines of the tract to be developed. Not constructing these portions of Valley Commons Drive and Competition Drive is supported due to the long-term nature of the conservation easement and the long term maintenance liability to the City for unused streets. Staff support is based on staff analysis of the information presented and the variance criteria in BMC 38.250.080. Discussion on the variance is located in the Streets, Roads and Alleys review criteria under Section 6 below. The proposed extension of South Laurel Parkway, classified as a Collector Street, will run north- south through the development and connect Huffine Lane north to Oak Street through existing residential developments. 99 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 3 of 37 The subject property is bound to the east by Baxter Creek and an unnamed ditch and their associated wetlands. Baxter Creek and the ditch are proposed for realignment. The stream-ditch formed from a combination of ground and irrigation water will be day-lighted and realigned to connect to Baxter Creek. A re-meandering of Baxter Creek where it has been historically straightened is also proposed with the removal of cast berms to restore wetland and wetland function. Water course plantings as trees, shrubs, and native grass seed will be provided for restoration. On February 23, 2024 the Development Review Committee (DRC) found the application sufficient for continued review and recommends the conditions and code provisions identified in this report. One subdivision variance was requested. The subdivider did not request any zoning variances with this application. No phasing or concurrent construction plans were requested with this application. The applicant will be required to complete all required public infrastructure prior to final plat approval. The City did not receive any written public comment on the application as of the writing of this report. The final decision for this preliminary plat must be made by May 17, 2024. The Community Development Board acting in their capacity as the Planning Board considered the application and provided a recommendation of approval on April 1, 2024. Two instances of public comment were received at the meeting. Connie Lien who resides at 8507 Huffine Lane, which compromises the 68 acre conservation easement directly to the west of the subject property and Jeremy Puckett the stewardship director with the Gallatin Valley Land Trust. Mrs. Lien’s concerns included the following: Their property on the conservation easement is a working farm. Concerns about livestock and barb wire fencing posing a possible risk to the public and their property. Concerns about dogs interfering with their livestock, as well as the nuisance a working farm will pose to adjacent houses in terms of noise, smells, and fencing. Concerns regarding loss of privacy to noise and lighting from the adjacent development Concerns about infrastructure impact to the water table, and blocking natural water flow with wells being drilled. Acknowledged the requirement for an agricultural water user’s easement and how stormwater drainage is going to be handled. Concerns about roads running up to her property line, discussed a history of cars crashing into their property where the roads end. Would like to see a consideration in the application to require better end of road signage and fencing. Concerns about park maintenance by the property owners and potential impacts to her property. Jeremy Puckett also provided public comment related to the conservation easement on Mrs. Lien’s property. His comments were focused on providing awareness about the conservation easement and hopes that development is pursued in a manner that is as aware and forgiving of 100 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 4 of 37 the conservation values as possible. Recognize that the City needs space to grow, he wants to work with the community while preserving conservation interests. Further explanation related to how development code standards can help address the public comment are provided in Appendix C of this report. Staff then explained why a public hearing was not taking place at CDB based on the changes to state law and the review of this subdivision under the 76-3-616 MCA statute. Public comment is welcome and only a public meeting is required, not a public hearing. However, staff clarified that there will be an action agenda presentation and discussion at the City Commission due to the associated variance with this application. A motion to recommend approval of the subdivision was passed 7-0, with one board member abstaining due to a professional connection to the project. 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 hearing on the application, with specific direction to staff or the subdivider to supply additional information or to address specific items. 101 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 5 of 37 TABLE OF CONTENTS EXECUTIVE SUMMARY .........................................................................................................1 Unresolved Issues. ...........................................................................................................2 Project Summary .............................................................................................................2 Alternatives .....................................................................................................................4 SECTION 1 – MAP SERIES ......................................................................................................6 SECTION 2 – REQUESTED VARIANCES ............................................................................. 11 SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL ......................................... 11 SECTION 4 – CODE REQUIREMENTS ................................................................................. 13 SECTION 5 – RECOMMENDATION AND FUTURE ACTIONS ........................................... 19 SECTION 6 – STAFF ANALYSIS and findings ....................................................................... 19 Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. .......................... 19 Documentation of compliance with adopted standards 38.220.060 ................................. 25 APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY .................................... 30 APPENDIX B – DETAILED PROJECT DESCRIPTION ......................................................... 34 APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................ 35 APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF ................................ 36 FISCAL EFFECTS ................................................................................................................... 37 ATTACHMENTS ..................................................................................................................... 37 102 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 6 of 37 SECTION 1 – MAP SERIES Exhibit 1 – Zoning 103 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 7 of 37 Exhibit 2 – Future Land Use Map 104 Page 8 of 37 Exhibit 3 – Preliminary Plat (see all sheets in file) Exhibit 4 – Overall Site Plan (see all sheets in file) 105 Page 9 of 37 Exhibit 5 – Landscaping Plan (see all sheets in file) Exhibit 6 – Parks and Open Space 106 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 10 of 37 Exhibit 7 – Pedestrian Circulation Exhibit 8 – Land Use Plan 107 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 11 of 37 SECTION 2 – REQUESTED VARIANCES One subdivision variance was requested with this preliminary plat application to not construct the portions of Valley Commons Drive and Competition Drive west of Eldorado Avenue as required by BMC 38.400.010. Based on staff analysis of the information presented and the subdivision variance criteria in BMC 38.250.080, staff supports approval of the variance request. Discussion on the variance is located in the Streets, Roads and Alleys review criteria under Section 6 below. SECTION 3 – RECOMMENDED CONDITIONS OF APPROVAL Please note that these conditions are in addition to any required code provisions identified in this report. These conditions are specific to this project. Recommended Conditions of Approval: 1. The plat shall conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include one (1) signed reproducible copy on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorders office has elected to continue the existing medium requirements of 1 mylar with a 1 binding margin on one side for both plats and COSs. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set 2. The applicant shall submit with the application for Final Plat review and approval, a written narrative stating how each of the conditions of preliminary plat approval and noted code provisions have been satisfactorily addressed. This narrative shall be in sufficient detail to direct the reviewer to the appropriate plat, plan, sheet, note, covenant, etc. in the submittal. 3. Simultaneously with filing of the final plat, in conjunction with required or offered dedications, the subdivider (or owner of the property being subdivided if the owner is not the subdivider) shall transfer ownership to the property owners’ association of any open space proposed to be conveyed to the property owners’ association and all its right, title, and interest in any improvements made to such parkland or open space. For the transfer of real property, the subdivider or owner of the property shall submit with the application for final plat a warranty deed or other instrument acceptable to the City Attorney transferring fee simple ownership to the property owners’ association and associated realty transfer certificate. The subdivider or owner of the property must record the deed or instrument at the time of recording of the final plat. For personal property installed upon open space owned by the property owners’ association, the subdivider shall provide 108 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 12 of 37 an instrument acceptable to the City Attorney transferring all its rights, title and interest in such improvements including all applicable warranties to such improvements. 4. 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 (SIDs) on City standard form for the following: a. Street improvements to Fallon Street between El Dorado Avenue and Cottonwood Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to El Dorado Avenue between Valley Commons Drive and Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Reliance Avenue between Valley Commons Drive and Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to Pond Lily Drive between Valley Commons Drive and Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Street improvements to Water Lily Drive between Huffine Lane and Babcock Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f. Street improvements to Laurel Parkway between Huffine Lane and Durston Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. g. Street improvements to Babcock Street between Eldorado Avenue and Cottonwood Road including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. h. Intersection improvements at Laurel Parkway and Babcock Street including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. i. Intersection improvements at Fallon Street and Cottonwood Road including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. j. Intersection improvements at Fallon Street and Laurel Parkway including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. 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 109 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 13 of 37 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. c. 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. d. Prior to final plat approval, the applicant must provide a 25-foot trail easement for the trail along Baxter Creek. e. Prior to final plat approval, the applicant must provide 25-foot public access easements for the pedestrian paths proposed through Block 3 Lot 1, Block 7 Lot 1, and Block 7 Lot 1. f. Prior to final plat approval, the applicant must provide a 10-foot drain tile easement over the existing drain tile that runs through the property. g. Prior to final plat approval, the applicant must provide a 5-foot wide public access easement along Fallon Street. h. Prior to final plat, the applicant must provide a public drainage easement for all stormwater facilities located on private property that accept drainage from the public right-of-way. i. An agricultural water user’s easement meeting the requirement of 38.410.060.D.1. must be dedicated with the final plat and notice stating that the easements are subject to the requirements of Section 70-17-112, MCA restricting interference with canal or ditch easements and that irrigation works are subject to Section 85- 7-2211 and 85-7-2212, MCA regarding duties and liability, per 38.410.060.D.6. The notice must include language to assure the duties are binding upon all successors in interest and remain in effect until such time that the agricultural water user facility is abandoned in accordance with the requirements of Montana Law or alternative requirements are agreed to in writing by all applicable parties. The easements must be prepared as documents separate from a final plat but may be referenced on a final plat. The developer's professional engineer must certify, prior to final plat approval, that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. 110 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 14 of 37 3. Sec. 38.410.130 - Water Adequacy. Subject to subsections B and C, prior to final approval by the review authority of development occurring under this chapter or chapter 10, the applicant must offset the entire estimated increase in annual municipal water demand attributable to the development pursuant to subsection D. 4. Sec. 38.220.020.A – Streambed, Streambank, and/or Wetlands Permits. The applicant must contact the Gallatin County Conservation District, Montana Department of Environmental Quality, and U.S. Army Corps of Engineers regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.). Any required permits must be obtained by the applicant and provided to the Community Development Department prior to construction and final plat approval. a. For Lot 2 Block 11 where fill is proposed to reduce wetland area for this lot. The applicant is required to provide the city with state and federal permitting prior to commencement of any fill and landscaping activities, i.e. the zone 1 and 2 wetland area is a part of the wetland fill so no fill or planting may commence until a federal Section 404 permit and a DEQ 401 certification is provided to the City of Bozeman. 5. Sec. 38.220.060.A.14.a.(5) – Permits From Non-City Agencies Required To Execute The Proposed Plan. The applicant must include a Non-Commercial Private Fish Pond License issued by Montana Fish, Wildlife, and Parks with the final Urban Farm Park Master Plan submitted with final plat application. 6. Sec. 38.220.070 Final Plat. Among others in this section the final plat must contain the following notations on the conditions of approval sheet. a. 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. b. Note 4 must be removed. Zoning is subject to change. c. The applicant must place on the conditions of approval sheet of the final plat a note stating "The property owners’ association (Insert Final Property Owners Association Name as recorded in the CC&Rs) shall be responsible for the maintenance of all stormwater management facilities located outside of the public right-of-way." d. The applicant must place on the conditions of approval sheet of the final plat a note stating "The property owners association (Insert Final Property Owners’ Association name as recorded in the CC&Rs) must maintain the following streets including snow removal, pavement maintenance, and all other maintenance functions of the streets: Betty Lane from Huffine Lane to Valley Commons Drive, Water Lily Drive from Huffine to Competition Drive, and Valley Commons Drive from Water Lily Drive to Betty Lane." 7. Sec. 38.220.300, 310, and 320. Property Owners’ Association. Final Property owners’ association (POA) documents including covenants must be provided with the final plat prior to being finalized and recorded. The POA documents must include the requirements 111 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 15 of 37 of BMC 38.220.300, 310, and 320 where applicable. Additionally based on the provided documents revise and add the following. a. Any section that requires construction of sidewalks needs to match the City's one year requirement for financially guaranteeing sidewalks in BMC 38.270060.D.2. b. Remove all reference to county permits required to build structures. Building permits within the proposed subdivision are required through the City of Bozeman Department of Community Development. 8. Sec. 38.240.410 through 38.240.540 – Plat Certificates. The language contained in the certificates on the final plat must follow the language in the corresponding certificates. Except as indicated below. a. Where signature for the Director of Public Works is indicated, that must be changed to the Director of Transportation and Engineering. The Director of Public Works no longer exists. b. The City does not accept maintenance responsibility for the streets that are required to be maintained by the property owners association (Betty Lane from Huffine Lane to Valley Commons Dr., Water Lily Drive from Huffine Lane to Competition Drive, and Valley Commons Drive from Water Lily Drive to Betty Lane). The certificate of dedication must be customized as follows: The lands included in all streets, avenues, alleys, roads, highways, and parks, or public lands or other public improvements dedicated to the public for which the city accepts responsibility for maintenance include (list specific streets, avenues, alleys, roads highways, and parks or other public lands or other public improvements). Except the city does not accept responsibility for (list specific streets). 9. Sec. 38.240.530 – Certificate of Water Related Improvements. Any well, including equipment and associated permitting, used for public irrigation must be transferred to the City or POA as applicable. A certificate of water related improvements is required per Section 38.240.530. Any financially guaranteed water related improvements agreements must include a warranty of workmanship. 10. Sec. 38.270.090 – Development or Maintenance of Common Areas and Facilities by Developer and Property Owners’ Association. a. The subdivisions stormwater maintenance plan must clearly state the following condition. "The property owners association (Insert Final Property Owners Association Name as recorded in the CC&Rs) shall be responsible for the maintenance of all stormwater management facilities located outside of the public right-of-way." The approved stormwater plan must be incorporated into the property owners’ association documents and a copy of the documents demonstrating the inclusion of the stormwater maintenance plan must be provided prior to final plat approval. b. The applicant must provide a maintenance plan for the dewatering system including the maintenance plan in the property owners’ association documents prior to final plat approval. The plan must include the long-term maintenance instructions for the Properties Owners’ Association. 112 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 16 of 37 c. All common open space lots must be developed prior to final plat approval. This includes landscaping, irrigation, walkways, stormwater facilities, and any other facilities located in common open space lots detailed in the preliminary plat application. No landscaping details for the following open space parcels was provided and is required with final plat application: i. Block 1, open space I ii. Block 3, open space A iii. Block 6, open space B iv. Block 8, open space C v. Block 5, open space J vi. Block 12, open space H 11. Sec. 38.400.020.A.2 – Privately Maintained Streets. The applicant must provide the following items per this section. a. Permanent funding source, such as the levying of assessments against all properties within the development, for street maintenance is established and the funding levels will be adequate for all future street maintenance; and b. The developer signs a perpetual legal instrument, acknowledging that the city will not assume dedication and/or maintenance of the streets unless the street is brought up to city standards, or the property owners' have agreed to an assessment to fund improvements required to bring the street up to city standards. The developer must record the legal instrument, at the time of final plat recordation, or prior to issuance of building permits if no final plat recordation is required. c. The developer must execute a hold harmless and indemnification agreement indemnifying, defending and holding harmless the city, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising from approval of an alternative street cross section under this section. d. Documented proof of adequate funding and scheduling for maintenance of all privately maintained public streets, must be provided, subject to section 38.270.090. 12. Sec. 38.400.060 – Street Improvement Standards. a. The transportation impact study (TIS) presented by the applicant indicates that a signal will be warranted at the intersection of Huffine Lane and Laurel Parkway. Prior to final plat approval, the intersection of Huffine Lane and Laurel Parkway must be improved to either a signalized intersection or roundabout or subject to conditions from the Montana Department of Transportation for timing of intersection construction. b. The applicant has indicated in the submitted TIS that the Fallon Street and Cottonwood Road intersection will fall below the level of service requirements defined in this section and will require improvements. The applicant also analyzed the intersection with three-quarter access control on Fallon Street and determined that an acceptable level of service could be maintained with these improvements. 113 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 17 of 37 Prior to final plat approval, the applicant must install intersection improvements at the Fallon Street and Cottonwood Road intersection including three-quarter access control and pedestrian hybrid beacons. c. Prior to final plat approval, the applicant must install right turn deceleration lanes on Huffine Lane at the following intersections if warranted by MDT: Huffine Lane and Laurel Parkway, Huffine Lane and Betty Lane, Huffine Lane and Water Lily Drive. 13. Sec. 38.400.110.A and 38.270.020.B.2.c – Transportation Pathways. The applicant must construct the shared use path along Huffine from the western property boundary to Cottonwood Road. 14. Sec. 38.400.070 – Street Lighting. Subdivision lighting special improvement lighting district (SILD) information shall be submitted to the City and the district formed after preliminary plat approval in hard copy and digital form. Any final plat application will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. The initial adoption of the special improvement lighting district shall include the entire area of the preliminary plat. The approval to create or annex to an existing SILD shall be granted prior to Final Plat Approval. 15. Sec. 38.410.040 – Blocks. All pedestrian access easements used to mitigate block length must be developed with landscaping and walkways prior to final plat approval and not deferred to adjacent property owners. 16. Sec. 38.410.070.A. – Municipal Water, Sanitary Sewer, and Storm Sewer System. a. The 2017 Water Facility Plan Update identifies the need for a pressure reducing valve to be installed on the boundary of the West Pressure Zone and East Pressure Zone. Prior to final plat approval, the applicant must install a pressure reducing valve at the pressure zone boundary defined in the 2017 water facility plan update. b. The 2017 Water Facility Plan Update identifies the need for a 16-inch water main to be installed along Huffine Lane. Prior to final plat approval, the applicant must install a 16-inch water main along Huffine Lane from Advance Drive to Laurel Parkway. c. The 2017 Water Facility Plan Update identifies the need for a 12-inch water main to be installed along Laurel Parkway from the 16-inch water main along Huffine Lane to the existing 12-inch water main just south of Fallon Street. Prior to final plat approval, the applicant must install a 12-inch water main along Laurel Parkway from the 16-inch water main along Huffine Lane to the existing 12-inch water main just south of Fallon Street. d. The development is located in the service area of the Norton Ranch Lift Station. The proposed sewer flows from the development were not included in the capacity generated by the latest upgrades to the lift station. The Norton Ranch Lift Station and associated force main must be upgraded to handle the flow demands generated by the development. Prior to Final Plat approval, the necessary 114 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 18 of 37 upgrades to the Norton Ranch Lift Station and associated piping must be installed by the applicant and accepted by the City. 17. Sec. 38.420.020 – Park area requirements, Sec. 38.420.030 – Cash donation in-lieu of land dedication, and Sec. 38.420.080 – Park Development. a. Cash-in-lieu of land dedication value is currently $2.65/sf. Final cash-in-lieu value established at time of final plat approval. The applicant must update the parkland tracking table to reflect the appraisal value in effect at the time of final plat application. b. A final park master plan and construction drawings are required prior to requesting a preconstruction meeting and commencing park construction. c. A preconstruction meeting with the Park Division is required prior to any site work. Applicants must provide the most recent park plans with revisions red-lined and request meeting at least 30 days prior to commencement of parkland construction. d. Applicant has proposed to utilize Central Park Pond as a fishing pond. Parks Department preliminary supports proposed use provided applicant meets all related code conditions and conditions of approval. Final use of the park and park facilities are determined by the review authority. e. The following notes must be added final plat: Snow removal from sidewalks within parks that serve as primary egress from private lots is the responsibility of the property owners’ association f. Easements for trails within open space parcels must include agreement to utilize city-wide wayfinding and allow parks staff to install and/or repair wayfinding. 18. Sec. 38.420.080.A. – Park Development. a. Final park master plan must include a fisheries plan that includes detailed design, construction, and maintenance plans for Central Park Pond, drafted or certified by a professional fish biologist or qualified private fishery consultant. The plan should generally conform to the recommendations published by Montana Fish, Wildlife & Parks in “A Guide to Building and Managing Private Fish Ponds in Montana.” b. Fisheries plan must include an analysis on water supply in terms of volume, quality and availability, impact on instream flows and fisheries, proposed depth and surface area, water exchange needed to balance the oxygen and nutrient levels in the pond, and vegetation/habitat plan. c. Central Park Pond must be designed and constructed to ensure the pond does not exceed an annual water use of 2.34 acre feet/year. 19. Sec. 38.270.050.A.2 – Acceptance of improvements. During construction, if groundwater is found to be at levels exceeding what is described in the drainage report and limits the functionality of the stormwater infrastructure the City will not accept the stormwater infrastructure. If the stormwater infrastructure requires significant redesign it 115 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 19 of 37 may be considered a material modification from the preliminary plat and require re- review and approval of the preliminary plat. 20. Sec. 38.410.130 and Sec. 38.420.080.A.2 – Water Adequacy and Park Development. Central Park Pond must be designed and constructed to ensure the pond does not exceed an annual water use of 2.34 acre feet/year. All irrigation wells located within the boundaries of the development shall include Montana DNRC certificates which shall be provided to the City with the final plat submittal. Ownership of any well and associated water right within common open space owned by the property owners’ association shall be transferred to the property owners’ association in conjunction with the final plat. Ownership of any well, irrigation infrastructure and associated water right providing irrigation to public lands shall be transferred to the City in conjunction with the final plat. The developer must provide easements necessary to allow for the reasonable operation and maintenance of this infrastructure. All wells shall include a meter or other device to determine consumption. 21. Sec. 38.550.070 – Landscaping of Public Lands. The developer must at the time of initial development install drought tolerant landscaping, boulevard trees and an irrigation system when required in city rights-of-way boulevard strips and medians along all collector or arterial streets and all streets adjacent to parks or open space areas. 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 January 3, 2023. Planning Board meeting was held Monday, April 1, 2024 at 6:00 pm. A video of the meeting is available on the City’s website. City Commission meeting will be held Tuesday, April 16, 2024 at 6:00 pm. SECTION 6 – STAFF ANALYSIS AND FINDINGS Analysis and resulting recommendations are based on the entirety of the application materials, municipal codes, standards, plans, public comment, and all other materials available during the review period. Collectively this information is the record of the review. The analysis in this report is a summary of the completed review. Applicable Subdivision Review Criteria, Section 38.240.150.B, BMC. In considering applications for subdivision approval under this title, the advisory boards and City Commission shall consider the following: 116 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 20 of 37 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 hearings were properly noticed in accordance with the Bozeman Municipal Code. Based on the recommendation of the Development Review Committee (DRC) and other applicable review agencies, as well as any public testimony received on the matter, the City Commission will make the final decision on the subdivider’s request. Review of this subdivision was conducted under the terms of 76-3-616 MCA as authorized in 38.240.100. The Department of Community Development received a preliminary plat application on March 2, 2023. The DRC reviewed the preliminary plat application and determined the submittal did not contained detailed, supporting information that was sufficient to allow for the continued review of the proposed subdivision. A revised application was received on July 12, 2023. The DRC determined the application was still not adequate for continued review. A revised application was received on November 22, 2023. The DRC determined the application was still not adequate for continued review. A revised application was received on January 26, 2024. The DRC determined the application was adequate for continued review February 23, 2024 and recommended conditions of approval and code corrections for the staff report. 117 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 21 of 37 The applicant posted public notice on the subject property on March 8, 2024. The applicant sent public notice to all landowners of record within 200-feet of the subject property via first class mail, on March 8, 2024. No public comment had been received on this application as of the writing of this report. On March 27, 2024 a major subdivision staff report was completed and forwarded with a recommendation of conditional approval for consideration to the Planning Board. On April 4, 2024 this major subdivision staff report was completed with a recommendation of conditional approval for consideration to the City Commission. 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 – The subdivision will not significantly burden city water and sewer infrastructure with the recommended conditions of approval and code provisions. The required design report has been provided. Formal plans and specifications will be prepared and reviewed after action on the preliminary plat. Code provision 16 contains requirements for the water, sanitary sewer, and storm sewer systems. 16a requires the applicant to install a pressure reducing valve at the boundary between the West and South pressure zones per the 2017 Water Facility Plan Update to minimize unneeded excessive pressure in the water system. 16b requires the applicant to install a 16-inch water main along Huffine Lane from Advance Drive to Laurel Parkway as shown in the 2017 Water Facility Plan Update. This provision will ensure adequate service can be provided to this and future developments in the area. 16c requires a 12-inch water main be installed along Laurel Parkway to match demand requirements outlined in the 2017 Water Facility Plan Update. To ensure adequate sewer capacity, the applicant is required per code provision 16d to upgrade the North Ranch Lift Station and associated force main to handle flow demands generated by the development. Code provision 3 requires the applicant offset estimated water demand prior to final plat approval per subsection D of BMC 38.410.130. Per this section the application may either transfer water rights into city ownership that are appurtenant to the land being developed or as acceptable to the city, provide payment of cash-in-lieu of water rights at a rate established by the most recent City Commission resolution, or a combination of both. Easements - The final plat must provide and depict all necessary utilities and required utility easements. Code provision 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 will be 118 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 22 of 37 located within dedicated street right of ways. Additional required easements include a 25-foot trail easement for the trail along Baxter Creek to ensure availability of public use and connection to the larger park and trail system, public drainage easements for all stormwater facilities located on private property, and an agricultural water user’s easement to ensure maintenance access from all downstream agricultural water users. All easements must be provided using the City’s standard language. Ten foot front yard utility easements are depicted on the preliminary plat and are proposed to be granted with the final plat in accordance with standards. Parks – The applicant proposes to meet Park and Recreation requirements through a combination of parkland dedication and improvements-in-lieu of dedication. Park and Recreation requirements using a net residential land area of 48.16 acres and maximum dedication of 12 dwelling units per acre (8 du as land dedication and 4 du as CILP/ILLP) result in an initial requirement of 11.56 acres of land dedication with an additional 5.78 acres of land equivalent as cash-in-lieu/improvements-in-lieu. Applicant proposes 6.77 acres of parkland dedication with 10.57 acres of land equivalent as improvements-in-lieu. Proposed parkland dedication consists of four parkland areas; two linear parks, an area for an off-leash dog park, and main central park area, as shown on Sheet L101 and the Urban Farms Phase 2 park master plan. The West Linear Park is a narrow section of linear park separating and buffering the western property boundary of the subdivision and adjacent property, which is currently under conservation easement. The West Linear Park includes a new section of shared-use path that will expand an existing north-south shared-use path and provides a key section for future connection to Huffine Lane. The Valley Commons Linear Park connects the West Linear Park area with the Central Park and east half of the subdivision. The Urban Farm Dog Park is an off-leash dog park including a fenced area with two, separate play zones. Central Park will serve as the main neighborhood park for the subdivision, consisting of open recreation space, a playground, pathways, and a fishing pond. In response to Commission Resolution 4784, the applicant cited preference of the developer to use the cash obligation for investment into improvements to proposed parkland as justification for CILP/IILP. Improvements-in-lieu include playground equipment, fencing and amenities for the dog park, pathways and trails, benches and picnic tables, and construction of a 2.34 acre/ft. fishing pond. The proposed fishing pond will be a constructed and lined pond, approximately 17,000 square feet in surface area and maximum depth of 12 feet. Water for the pond will be supplied by an exempt groundwater well that also provides irrigation for adjacent parkland. Stocking of the pond with fish, along with all associated maintenance and costs is the responsibility of Urban Farm Property Association. In regard to the proposed fishing pond, staff received a response from Montana Fish, Wildlife & Parks (FWP), dated September 5, 2023, stating that “We generally do not support the idea of ponds since we typically end up with a variety of illegally introduced species being transferred to and from any new ponds especially those open to the public. Ponds also typically lead to water quality issues such as increased water temperatures and nutrients. Algae is often a problem that 119 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 23 of 37 leads owners wanting to apply chemicals to the water to mitigate the issue. With the increasing demands on our water supply. We would be better off eliminating any unnecessary uses that will further degrade the resource. Should you client decide to pursue a pond despite our recommendation, Alex has a ton of experience with our pond permitting process and knows exactly what you need for screening and water rights to obtain a stocking permit from FWP.” In response to FWP’s comments, the applicant submitted a response dated January 6, 2024 from Alex Fox, Pond and Stream Consulting, Inc., acknowledging FWP’s concerns and providing proposed mitigation strategies including obtaining proper FWP permits, pond design considerations, and construction and maintenance requirements. There are code provisions, listed as code provisions 5, 17, 18, and 20, related to non-city permit requirements, parkland use, cash donation and infrastructure donation in lieu of land dedication, and park development. Code provision 5 requires the applicant to submit a Non-Commercial Private Fish Pond License prior to construction of the pond. This provision allows the applicant to proceed to preliminary plat approval while confirming fisheries requirements and ensures park and recreation requirements are satisfied. Provision 17a requires the applicant to update the CILP value accordingly at final plat application. This provision ensures the CILP values is based on the most recent up to date evaluation. 17b requires a final park master plan and construction drawings prior to requesting a preconstruction meeting. 17c requires a preconstruction meeting with the Parks Division prior to commencement of parkland construction. These two provisions will help the applicant to follow the correct construction process with the City. Provision 17d requires that all related pond conditions be satisfied prior to stocking with fish. This provision ensures that final park use is determined by and the decision of the review authority. Provision 17e requires a note on the plat that the property owners’ association is responsible for snow removal where lots will front on the park and primary egress from private lots will be within the park. This provision ensures maintenance of lot frontage sidewalks does not become a burden to the Parks Department. Provision 17f requires that easements for trails located within open space parcels must include the city-wide wayfinding signage and allow Parks staff to install and/or repair wayfinding signs. This provision will help connect the proposed trails to city wide park infrastructure with consistent signage and directions for users. Provision 18a requires the applicant to include a fisheries plan with the final park master plan and Provision 18b provides a minimum standard for fisheries information required for submission. These provisions allow the applicant to proceed to preliminary plat approval while confirming final pond requirements and construction plans. This ensures viable pond and fisheries plans are reviewed before construction begins and ensures minimum professional standards are maintained during the planning, construction, and maintenance of the pond. Provision 18c and 20 requires Central Park Pond be designed and constructed to a max volume of 2.34 acre/ft and to provide irrigation supply information. These provisions ensure the pond and park irrigation systems have water supplies legally and physically adequate to meet the pond and irrigation demands. The proposal meets the required park dedication and improvement standards with conditions and code provisions. The 120 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 24 of 37 Parks Department reviewed the parkland proposal for consistency with the park master plan for Urban + Farms Phase 1 and adjacent park master plans and area sub-plans. Stormwater - The subdivision will construct storm water control facilities to conform to municipal code and design standards Code provision 10 details required development or maintenance of common areas and facilities to be maintained by the property owners’ association. 10a requires the property owners’ association to maintain all stormwater facilities outside of the public right-of-way and incorporate a maintenance plan into the association documents prior to final plat approval. This will ensure the proper maintenance of necessary stormwater infrastructure as the subdivision is developed and occupied. An associated plat note is required in code provision 6c to notify future property owners of the property owners’ association requirements for ongoing maintenance of these stormwater facilities. Agricultural water user facility – The applicant provided documentation of downstream agricultural water users and notification provided to those users with this preliminary plat application. Baxter Creek is the primary facility to be impacted with this application that is linked to agricultural water use including Farmers Canal shares. The Board of Directors for Farmers Canal was provided notification of the proposed impacts to Baxter Creek including the realignment of the stream-ditch to flow into the creek and a site visit was conducted with one impacted user. An agricultural water user’s easement must be provided per code provision 2i. The easements must be prepared as documents separate from the final plat but may be referenced on the final plat. The developer's professional engineer must certify, prior to final plat approval, that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes this subject property. The subdivision does not impact the City’s ability to provide emergency services to the subject property. The necessary address will be provided to enable 911 response to individual parcels prior to recording of the final plat. Fire protection standards require installation of fire hydrants at designated spacing to ensure adequate protection. 5) The provision of easements to and within the subdivision for the location and installation of any necessary utilities The final plat will provide and depict all necessary utilities and required utility easements. Code requirement 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 generally located within dedicated street right of ways. 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. 121 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 25 of 37 Documentation of compliance with adopted standards 38.220.060 The Development Review Committee (DRC) completed a subdivision pre-application plan review on August 10, 2022 and no variances were requested. Waivers were granted with this pre- application for documentation review of agriculture, agricultural water user facilities, miscellaneous, and affordable housing. During review of this preliminary plat application it was discovered that the waiver for agricultural water user facilities was granted in error based on incomplete information provided at the time of pre-application submittal. The applicant then provided the required for agricultural water user facilities with this applications. See further discussion under primary review criteria above. Staff offers the following summary comments on the documents required with Article 38.220.060, BMC. 38.220.060.A.1 – Surface water The subject property is bound to east by Baxter Creek and an unnamed stream-ditch, as classified by the Gallatin County Conservation District, and their associated wetlands. Baxter Creek and the stream-ditch, which both contain water year round, are proposed for realignment. Two wetland delineations dated October 2020 and December 2022 were provided and reviewed by the city’s wetland consultant TerraQuatic. The stream-ditch formed from a combination of ground and irrigation water will be day-lighted and realigned to connect to Baxter Creek. Baxter Creek is a tributary to Aajker Creek, which connects to Hyalite Creek, a tributary of the East Gallatin River north of Belgrade. Baxter Creek is considered “waters of the U.S.” and jurisdictional according to a letter provided by the Army Corps of Engineers dated April 19, 2022 and provided in the application. Wetlands associated with the stream-ditch are connected to the Baxter Creek wetlands and also considered jurisdictional, although a result of a man-made conditions related to agriculture. A re-meandering of Baxter Creek where it has been historically straightened is also proposed with the removal of cast berms to restore wetland and wetland function. TerraQuatic provided a list of corrections for their aquatic resources analysis of the wetland and watercourse information presented in a letter provided to the applicant dated April 6, 2023. Those corrections included moving the re-aligned stream-ditch further north of the Huffine Lane right-of-way to allow for room for the required shared use path along Huffine Lane to be placed in the appropriate section of zone 2 of the 50-foot watercourse setback. A revised proposal from the applicant included in the application packet shows the ditch now provided in two open space parcels, Open Space G Block 13 and Open space F Block 12 with appropriate setbacks from the stream-ditch and restoration plantings. The stream-ditch had previously flowed north and eventually disappeared underground. The realignment of the ditch to release into Baxter Creek is seen as a positive as it will increase water flow into that watercourse system, and daylighting the ditch will add channel that reestablishes wetland vegetation and stream health. Water course plantings as trees, shrubs, and native grass seed will be provided for restoration and meet BMC 38.410.100. An updated letter from TerraQuatic was provided to the applicant dated June 30, 122 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 26 of 37 2023 regarding the relocated channel and setback zones. The recommendation within the letter was that the proposed channel location and its north and south setback locations follow the City of Bozeman’s aquatic resource regulations. With the additional recommendation that the city should acquire all copies of aquatic resources permits. The wetland impacts, which total 3.99 of the total 6.93 acres are both partially man-made, and jurisdictional and under the purview of the U.S. Army Corps of Engineers. Code provision 4 requires the applicant obtain required permits from the Gallatin County Conservation District, Montana Department of Environmental Quality, and the U.S. Army Corps of Engineers regarding the proposed project. These permits must be provided prior to final plat approval. Code provision 4a requires permits to be provided prior to any fill or landscaping activities in Lot 2 Block 11. Wetlands within this parcel are proposed to be filled and plantings provided that reflect the new, post-fill, location of the required watercourse and wetlands setbacks. Because the final location of wetlands and wetlands setbacks within and adjacent to this parcel reflects a modified condition outside of the existing natural location and setbacks provided within an open space parcel, the applicant must provide appropriate permits prior to commencing any fill activities. 38.220.060.A.2 - Floodplains A flood hazard evaluation report completed by Hyalite Engineers, stamped and signed by a professional engineer, was provided in the application documents and is dated November, 2023. The report details a study completed of the 100-year floodplain on Baxter Creek at the east side of the property against the existing and proposed conditions of this subdivision at full build out. The resulting flood hazards were evaluated by the Engineering Division against code requirements contained in BMC 38.600. The resulting hazard was found to meet BMC 38.600.050. No land deemed to be subject to flooding is proposed to be developed for new buildings. 38.220.060.A.3 - Groundwater A geotechnical site evaluation was completed in April of 2021 and included eight test pits across the entire Urban Farm Phase 2 site. The site is in an area of high groundwater which may negatively impact future structures or cause illicit discharges into the sanitary sewer and over burden the surface drainage system. Note 3 on the plat prohibits use of basements or crawl spaces unless a professional engineer certifies that the structure has been designed in such a way to accommodate seasonal high groundwater. This requirement will protect both future structure owners from future hazards of flooding and lessen burden on the public from illicit discharges. Code provision 19 is related to high groundwater and stormwater infrastructure. 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. 123 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 27 of 37 38.220.060.A.5 - Vegetation This subdivision will not significantly impact vegetation. No critical plant communities identified on site. 38.220.060.A.6 - Wildlife This subdivision will not significantly impact wildlife. There are no known critical habitats on the property. The property is bound by Huffine Lane/US-191 to the south, agricultural uses to the west, subdivided residential development to the north, and subdivided commercial development to the east. The aquatic resources on the property have been impacted by agricultural crop production and grazing. The applicant provided a report from the U.S Fish and Wildlife Service’s Information for Planning and Consultation website. 38.220.060.A.7 - Agriculture This subdivision will not impact agriculture. The subject property is designated as community commercial mixed use according to the 2020 Bozeman Community Plan. The area is zoned for residential, commercial, and mixed uses under the REMU and B-2M zoning designations. The site is historically used for grazing and irrigated crops, but no significant agricultural uses still exist on the site. 38.220.060.A.8 - Agricultural Water User Facilities See discussion above under primary review criteria. 38.220.060.A.9 - Water and Sewer The subdivision will not significantly impact city water and sewer infrastructure. Water and sewer improvements will be designed to meet City of Bozeman Standards and State Department of Environmental Quality Standards and Regulations. Also see discussion above. 38.220.060.A.10 - Stormwater Management The subdivision will not significantly impact stormwater infrastructure. See discussion above under primary review criteria. 38.220.060.A.11 - Streets, Roads and Alleys The subdivision will not significantly impact the City’s street infrastructure and will provide adequate improvements to support the development and the existing neighborhoods by completing the street grid in the area with conditions and code provisions. Four local streets running north-south are proposed as extensions of S. Eldorado Avenue, Reliance Avenue, Pond Lily Drive, and Water Lily Drive. One new local street named Betty Lane, and Water Lily Drive are proposed as right-in/right-out accesses from Huffine Lane. Two local streets are proposed to run east-west and are extensions of Competition Drive and Valley Commons Drive. Only Competition Drive will connect to the street grid to the east at this time. Valley Commons Drive is not currently proposed to connect to the existing grid to the east due to surface water and topography issues and a lack of connection from the adjacent property’s 124 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 28 of 37 street grid. BMC 38.400.010 requires connection to developed areas when necessary for the convenient movement of traffic, effective provision of emergency services, and efficient provision of utilities. However, since connection to Valley Commons Drive to the east is currently blocked by existing buildings, wetlands, and a watercourse, the City Engineer determined that a connection was not necessary at this time. The presence of the conservation easement parcel to the west of the subject property, and the continuation of a park system from the north limits the ability to continue these east-west drives further to the west. The applicant submitted a variance to not construct the portions of Valley Commons Drive and Competition Drive west of Eldorado Avenue but still provide the platted rights-of-way. BMC 38.400.010 requires streets and alleys to be constructed to the boundary line of the tract to be developed when the tract adjoins undeveloped land and access to the undeveloped land would reasonably pass through the new development. The City Engineer has determined that it is unreasonable to construct these portions of Valley Commons Drive and Competition Drive because of the conservation easement on the property to the west of the development. Due to the long-term nature of the conservation easement, the portions of street in question would not be utilized for a long time and the City would incur maintenance liability on streets that are not utilized. The City Engineer supports the submitted variance to build these portions of Valley Commons Drive and Competition Drive because the long-term nature of the conservation easement prevents street utilization during the term on the easement. Due to the hardship related to the conservation easement, staff finds the requested variance meets the subdivision variance criteria in BMC 38.250.080.B.2 for specific cases related to physical surroundings, shape, or topographical conditions of the property. The City Engineer also supports providing the rights-of-way because the rights-of-way will provide access and connection to this development in the case that the conservation easement is terminated and the property to the west is developed. The provided rights-of-way without the physical construction of the streets themselves at this time ensure that the subdivision will not be detrimental in public, health safety, or general welfare and will not place the subdivision in nonconformance with other provisions of Chapter 38 because the future rights-of-way may be connected if development on the parcel to the west occurs which meets the connectivity standards located in Articles 4 and 5 of Chapter 38. A portion of Valley Commons Drive, Water Lily Drive, and Betty Lane are proposed as non- standard local street sections constructed with back-in angled on-street parking. Code provision 6d requires a note on the plat to provide notification to future land owners that the property owners’ association is responsible for maintenance of non-standard local streets as described above. Code provision 8b requires the certificate of dedication on the plat to be customized to read that the city does not accept maintenance responsibility for the non-standard local streets. The proposed extension of South Laurel Parkway, classified as a Collector Street, will run north- south through the development and connect Huffine Lane north to Oak Street through existing residential developments. 125 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 29 of 37 A Traffic Impact Study (TIS) was provided and evaluated by the reviewing engineer for compliance with adopted design standards and code requirements. Code provision 12 is related to street improvement standards. Based on the TIS review 12a requires the proposed intersection of Laurel Parkway and Huffine Lane to be either signalized or developed as a roundabout subject to Montana Department of Transportation (MDT) review and approval. Based on the TIS review, code provision 12b states the applicant must install intersection improvements at the Fallon Street and Cottonwood Road intersection including three-quarter access control and pedestrian hybrid beacons prior to final plat approval. Code provision 12c requires the applicant install right turn deceleration lanes on Huffine Lane at the following intersections if warranted by MDT: Huffine Lane and Laurel Parkway, Huffine Lane and Betty Lane, Huffine Lane and Water Lily Drive. These code provisions are required to offset traffic impacts to the transportation grid prior to final plat approval. 38.220.060.A.12 – Non-Municipal Utilities The applicant has received confirmation of future service connections from Northwestern Energy and Yellowstone Fiber for the proposed subdivision. These responses are provided in the application documents. 38.220.060.A.13 - Land Use The application has provided future land use data consistent with the REMU and B-2M zoning districts. No specific proposed uses have been provided at this time, but the applicant has provided a land use map showing proposed residential use areas, commercial use areas, and parkland and open space areas. No 1-4 household lots subject to sketch plan review are proposed with the application. Subsequent development of individual lots will be subject to site plan review prior to any building permit issuance. See discussion in Appendix A regarding zoning. 38.220.060.A.14 - Parks and Recreation Facilities The proposed subdivision will provide new parkland, and cash or improvements-in-lieu of parkland dedication. The proposal meets the required park dedication and improvement standards with conditions and code provisions. The Parks Department reviewed the parkland proposal also see the discussion above. 38.220.060.A.15 - Neighborhood Center Plan To provide a neighborhood focal point, all residential subdivisions that are ten net acres in size or greater, must have a neighborhood center. The neighborhood center proposed for this subdivision is the central park, Block 9 Park G on the plat. This park is located within 600 feet from the geographic center point of the development. The park is proposed with street frontage on 3 sides which meets the 50-100% frontage requirement. Direct pedestrian access to the park is available via trail connections through the linear park to the west and sidewalk and trail connections from the creek side open space to the east, as well as the street and sidewalk network. The neighborhood center is also located nearby the two parcels proposed for commercial development 126 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 30 of 37 38.220.060.A.16 - Lighting Plan Subdivision or street lighting is required pursuant to BMC 38.570.030. All street lights installed must use LED light heads and must conform to the City’s requirement for cut-off shields as required by the City’s specifications. A Special Improvement Lighting District (SILD) must be created prior to final plat application. Code provision 14 is related to this issue. 38.220.060.A.17 - Miscellaneous The proposed subdivision is not located within 200 feet of any public land access or within a delineated Wildland Urban Interface area. No health or safety hazards on-site or off-site will be created with this development. 38.220.060.A.19 - Affordable Housing This application does not rely on incentives authorized in 38.380. Therefore, no analysis is required. APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY Zoning Designation and Land Uses: The majority of the property is zoned B-2M, Community Business District – Mixed. The intent of the B-2M district is to function as a vibrant mixed-use district that accommodates substantial growth and enhances the character of the city. This district provides for a range of commercial uses that serve both the immediate area and the broader trade area and encourages the integration of multi-household residential as a secondary use. Design standards emphasizing pedestrian oriented design are important elements of this district. Use of this zone is appropriate for arterial corridors, commercial nodes and/or areas served by transit. The applicant has indicated the majority of the subdivision, with the exception of Blocks 12 and 13 will be developed as primarily residential uses. B-2M allows apartments, apartment buildings, townhouses, rowhouses, live-work units, ground floor residential, and a variety of group residential uses. No 1-4 household lots subject to sketch plan review are proposed with the application. Subsequent development of individual lots will be subject to site plan review prior to any building permit issuance. The proposed subdivision meets the intent of this zoning designation by providing development adjacent to a major arterial corridor, with potential future transit stops and a commercial node. Pedestrian facilities are proposed with the shared use path along Huffine, the two linear parks, and the enhancement of the Baxter Creek corridor with plantings and trail connections to the wider park and trail network. A portion of the subject property is zoned REMU, Residential Emphasis Mixed Use. The intent of the REMU district he intent and purpose of the REMU district is to establish areas within Bozeman that are mixed-use in character and to provide options for a variety of housing, employment, retail and neighborhood service opportunities within a new or existing neighborhood. These purposes are accomplished by: 127 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 31 of 37 1. Emphasizing residential as the primary use, including single household dwellings, two to four household dwellings, townhouses, and apartments. 2. Providing for a diverse array of neighborhood-scaled commercial and civic uses supporting residential. 3. Emphasizing a vertical and horizontal mix of uses in a compact and walkable neighborhood setting. 4. Promoting neighborhoods that: a. Create self-sustaining neighborhoods that will lay the foundation for healthy lifestyles; b. Support compact, walkable developments that promote balanced transportation options; c. Have residential as the majority use with a range of densities; d. Provide for a diverse array of commercial and civic uses supporting residential; e. Have residential and commercial uses mixed vertically and/or horizontally; f. Locate commercial uses within walking distance; g. Incorporate a wider range of housing types; and h. Encourage developments that exhibit the physical design characteristics of vibrant, urban, and pedestrian-oriented complete streets. 5. Providing standards and guidelines that emphasize a sense of place: a. Support or add to an existing neighborhood context; b. Enhance an existing neighborhood's sense of place and strive to make it more self-sustainable; c. Encourage a new neighborhood commercial center(s) with a unique identity and strong sense of place; d. Develop commercial and mixed-use areas that are safe, comfortable, and attractive to pedestrians; and e. Reinforce the principle of streets as public places that encourage pedestrian and bicycle travel, transit, on-street parking and physical elements of complete streets. 6. Providing standards and guidelines that emphasize natural amenities: a. Preserve and integrate the natural amenities into the development; and b. Appropriately balance a hierarchy of both parks and public spaces that are within the neighborhood. 7. Providing standards and guidelines that emphasize the development of centers: a. Group uses of property to create vibrant centers; b. Where appropriate create a center within an existing neighborhood; c. Facilitate proven, market driven projects to ensure both long and short-term financial viability; d. Allow an appropriate blend of complementary mixed land uses including, but not limited to, retail, offices, commercial services, restaurants, bars, hotels, recreation and civic uses, and housing, to create economic and social vitality; 128 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 32 of 37 e. Foster the master plan development into a mix of feasible, market driven uses; f. Emphasize the need to serve the adjacent, local neighborhood and as well as the greater Bozeman area; and g. Maximize land use efficiency by encouraging shared use parking. 8. Promoting the integration of action: a. Support existing infrastructure that is within and adjacent to REMU zones; b. Encourage thoughtfully developed master planned communities; c. Provide flexibility in the placement and design of new developments and redevelopment to anticipate changes in the marketplace; d. Provide flexibility in phasing to help ensure both long and short term financial viability for the project as a whole; 9. Providing standards and guidelines that promote sustainable design Use of this zone is appropriate for sites at least five acres in size and areas located adjacent to an existing or planned residential area to help sustain commercial uses within walking distance and a wider range of housing types. The proposed subdivision is appropriate for this zone because of the proposed pedestrian amenities, enhancement of the natural environment, and the development of a large central park adjacent to a commercial node. While some of these design elements are outside of the REMU zoned area they will help foster a sense of place unique to the new neighborhood. Portions of Block 1 and Block 5 of the proposed subdivision are located within REMU zoning. Per BMC 38.310.060.B a master site plan is required for REMU zoned properties greater than or equal to five acres in size prior to development. However, due to the relatively small size of the REMU zoned area, staff supported waiving the master site plan requirement. REMU zoned properties will still be required to meet all zoning criteria for this district intended to achieve the purpose of the district described above including but not limited to BMC 38.310.060 – Supplemental use provisions, and BMC 38.330.020 – REMU district special standards. Adopted Growth Policy Designation: Table 4 of the Bozeman Community Plan 2020 shows the correlation between future land use map designations and implementing zoning districts. (See below for the Table) 129 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 33 of 37 The subject property is designated as Community Commercial Mixed Use. The Community Commercial Mixed Use category promotes commercial areas necessary for economic health and vibrancy. This includes professional and personal services, retail, education, health services, offices, public administration, and tourism establishments. Density is expected to be higher than it is currently in most commercial areas in Bozeman and should include multi-story buildings. Residences on upper floors, in appropriate circumstances, are encouraged. The urban character expected in this designation includes urban streetscapes, plazas, outdoor seating, public art, and hardscaped open space and park amenities. High density residential areas are expected in close proximity. Developments in this land use area should be located on one or two quadrants of intersections of the arterial and/or collector streets and integrated with transit and non- automotive routes. Due to past development patterns, there are also areas along major streets where this category is organized as a corridor rather than a center. Although a broad range of uses may be appropriate in both types of locations, the size and scale is to be smaller within the local service areas. Building and site designs made to support easy reuse of the building and site over time is important. Mixed use areas should be developed in an integrated, pedestrian friendly 130 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 34 of 37 manner and should not be overly dominated by any single use. Higher intensity uses are encouraged in the core of the area or adjacent to significant streets and intersections. Building height or other methods of transition may be required for compatibility with adjacent development. Smaller neighborhood scale areas are intended to provide local service to an area of approximately one half-mile to one mile radius as well as passersby. These smaller centers support and help give identity to neighborhoods by providing a visible and distinct focal point as well as employment and services. Densities of nearby homes needed to support this scale are an average of 14 to 22 dwellings per net acre. This proposed subdivision is well-suited to implement the Community Commercial Mixed Use designation by providing residential and commercial development along a busy arterial corridor and extending a Collector street, Laurel Parkway, to Huffine Lane to create an intersection quadrant integrated with pedestrian and transit amenities. The proposed subdivision is also planning pedestrian amenities across the park, trail, and open space system that will frame the commercial uses and provide opportunities for plaza development. Density and individual uses will be evaluated at the time of development against the REMU and B-2M zoning requirements. The proposed subdivision meets the following Bozeman Community Plan 2020 goals: N-1 Support well-planned, walkable neighborhoods. N-1.5 Encourage neighborhood focal point development with functions, activities, and facilities that can be sustained over time. Maintain standards for placement of community focal points and services with new development. N-1.9 Ensure multimodal connections between adjacent developments. N-1.10 Increase connectivity between parks and neighborhoods through continued trail and sidewalk development. Prioritize closing gaps within the network. N-4.4 Ensure an adequate supply of off leash facilities to meet the demand of Bozeman dog owners. DCD-1.9 Promote mixed-use developments with access to parks, open space, and transit options. DCD 2.2 Support higher density development along main corridors and at high visibility street corners to accommodate population growth and support businesses. APPENDIX B – DETAILED PROJECT DESCRIPTION Project Background and Description A preliminary plat application by the applicant, Cushing Terrell, 411 E. Main Street 101, Bozeman, MT 59715, representing owner Laurel Parkway LLC, 11 Lone Peak Drive STE 201, Big Sky, MT 59716. 131 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 35 of 37 APPENDIX C – NOTICING AND PUBLIC COMMENT Notice was provided at least 15 and not more than 45 days prior to the City Commission public meeting per BMC 38.220.420, The City scheduled public notice for this application on March 8, 2024. The applicant posted public notice on the subject property on March 8, 2024. The City sent public notice to physically adjacent landowners of record within 200-feet of the subject property via first class mail on March 8, 2024. Two letters of public comment were received by the City Clerk’s office and are located in the Laserfiche archive for application 23039 and available to the public. Two instances of public comment were received at the Planning Board meeting. Connie Lien who resides at 8507 Huffine Lane, which compromises the 68 acre conservation easement directly to the west of the subject property and Jeremy Puckett the Stewardship Director with the Gallatin Valley Land Trust. Mrs. Lien’s concerns included the following: Their property on the conservation easement is a working farm. Concerns about livestock and barb wire fencing posing a possible risk to the public and their property. Concerns about dogs interfering with their livestock, as well as the nuisance a working farm will pose to adjacent houses in terms of noise, smells, and fencing. Concerns regarding loss of privacy to noise and lighting from the adjacent development Concerns about infrastructure impact to the water table, and blocking natural water flow with wells being drilled. Acknowledged the requirement for an agricultural water user’s easement and how stormwater drainage is going to be handled. Concerns about roads running up to her property line, discussed a history of cars crashing into their property where the roads end. Would like to see a consideration in the application to require better end of road signage and fencing. Concerns about park maintenance by the property owners and potential impacts to her property. Jeremy Puckett also provide public comment related to the conservation easement on Mrs. Lien’s property. His comments were focused on providing awareness about the conservation easement and hopes that development is pursued in a manner that is as aware and forgiving of the conservation values as possible. Recognize that the City needs space to grow, he wants to work with the community while preserving conservation interests. Further explanation related to how development code standards can help address the public comment are provided in following locations in this report: 132 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 36 of 37 - Code provision 8 requires the final Property Owners’ Association (POA) documents must include the requirements of BMC 38.220.300, 310, and 320 where applicable. Section 38.220.320.A requires a section in the covenants to address agricultural uses of neighboring properties including the following language “Lot owners and residents of the subdivision are informed that adjacent uses may be agricultural. Lot owners accept and are aware that standard agricultural and farming practices can result in dust, animal odors and noise, smoke, flies, and machinery noise. Standard agricultural practices feature the use of heavy equipment, chemical sprays and the use of machinery early in the morning and sometimes late into the evening." This section also requires fences bordering agricultural lands to be maintained by the landowners as required by state law, and that noxious weeds are controlled. - Code provision 2 requires appropriate easements for maintenance and protection of agricultural water and the developer's professional engineer must certify, prior to final plat approval, that the water entering and exiting the realigned or relocated agricultural water user facility is the same quality and amount of water that entered or exited the facility prior to realignment or relocation. - In relation to impacts to the water table, surface water, stormwater, ground water, and agricultural water user facilities are addressed in Subdivision Review Criteria 4. Stormwater facilities and exempt wells used for irrigation and public lands must be designed and maintained so as to not negatively impact adjacent properties. Code provision 21 relates to a proposed pond in the park, which would be supplied by well water from an existing well. This code provision requires the pond be designed and constructed to ensure the pond does not exceed an annual water use of 2.34 acre feet/year which is the amount reported by the applicant to DNRC for use of the exempt well. Further discussion of ground water use in the pond is located in the Parks discussion in the primary review criteria in Section 6. - In relation to the concerns about adjacent roads ending at the western property line and safety concerns, the applicant has requested a variance to not construct the roads up to the western property line shared with Mrs. Lien’s property and instead construct a continuous park corridor which would provide a buffer from west bound traffic at the intersection of El Dorado Avenue. This variance is discussed in the Streets, Roads and Alleys review criteria under Section 6. APPENDIX D – OWNER INFORMATION AND REVIEWING STAFF Owner: Laurel Parkway LLC, 11 Lone Peak Drive STE 201, Big Sky, MT 59716 Applicant: Cushing Terrell, 411 E. Main Street 101, Bozeman, MT 59715 Representative: Cushing Terrell, 411 E. Main Street 101, Bozeman, MT 59715 Report By: Danielle Garber, Associate Planner 133 23039 Staff Report for Urban Farm Phase 2 Subdivision Page 37 of 37 FISCAL EFFECTS Fiscal impacts are undetermined at this time, but will include increased property tax revenues from new development, along with increased costs to deliver municipal services to the property. Impact fees will be collected at the time of building permit issuance for individual buildings along with City sewer and water connection fees. ATTACHMENTS The full application and file of record can be viewed digitally at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715, as well as digitally at https://www.bozeman.net/departments/community-development/planning/project-information- portal, select the “Project Documents Folder” link and navigate to application 23039. Project documents are available at this direct link to the public Laserfiche archive for application 23039 with direct links to individual documents provided below: Urban Farm Phase 2 Preliminary Plat Overall Site Plan Overall Landscape Plan West Linear & Dog Park Landscape Plan Valley Commons Linear Park Landscape Plan Central Park Landscape Plan Baxter Creek North Landscape Plan Baxter Creek South Landscape Plan Huffine Ditch Landscape Plan Urban Farm Phase 2 Narrative Variance Request 134 Memorandum REPORT TO:City Commission FROM:Renata Munfrada, Community Housing Program Coordinator Frankie Lewington, Root Policy Research (outside presenter) SUBJECT:U.S. Department of Housing and Urban Development (HUD) Consolidated Plan and Community Engagement Plan Work Session MEETING DATE:April 16, 2024 AGENDA ITEM TYPE:Policy Discussion RECOMMENDATION:Consider, discuss, and provide guidance to staff regarding the U.S. Department of Housing and Urban Development (HUD) Consolidated Plan & Community Engagement Plan. No formal action taken at this time. STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a wide variety of actions, the development of sustainable and lasting housing options for underserved individuals and families and improve mobility options that accommodate all travel modes. BACKGROUND:The City of Bozeman was recently designated as an "Entitlement Jurisdiction" by the U.S. Department of Housing and Urban Development (HUD), meaning that the City is now eligible to receive direct federal funding from the Community Development Block Grant (CDBG) program. These funds can help address several needs in Bozeman, including but not limited to: infrastructure; economic development projects; public facilities installation; Community Centers; housing rehabilitation; public services; acquisition; microenterprise assistance; and homeowner assistance. Before receiving these funds, the City of Bozeman must put together a Consolidated Plan, which is a HUD-required document that requires the City to assess their affordable housing and community development needs and make data-driven, outcomes-based investment decisions. Additionally, the City strives to ensure the provision of fair housing throughout the community. As a recipient of federal funding, the City of Bozeman must affirmatively further fair housing by taking meaningful actions to overcome patterns of segregation, promote fair housing choice, eliminate disparities in opportunities, and foster inclusive communities free from discrimination. Federal and state fair housing laws prohibit discriminatory practices in any industry-related business or transaction that may affect the ability of protected class members to secure housing and live in the housing of their choice. 135 In addition to the Consolidated Plan, the City will also be developing a Fair Housing Plan, which will identify how needs differ for different community members, how current City policies and programs can better meet community needs, and where barriers to fair housing exist. The City will be engaging with residents, stakeholders, and the community at large to help identify housing, community development, economic development, and public service needs and priority outcomes throughout the development of the Consolidated Plan and Fair Housing Plan. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:None at this time. Report compiled on: April 3, 2024 136 Professional Services Agreement for Executive Recruitment Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 27th day of March, 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, Affion Public, PO Box 794, Hershey, PA 17033, 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 unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of 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, DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 16137 Professional Services Agreement for Executive Recruitment Page 2 of 10 and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 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 DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 17138 Professional Services Agreement for Executive Recruitment Page 3 of 10 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. 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 DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 18139 Professional Services Agreement for Executive Recruitment Page 4 of 10 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on 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. DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 19140 Professional Services Agreement for Executive Recruitment Page 5 of 10 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as 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 DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 20141 Professional Services Agreement for Executive Recruitment Page 6 of 10 Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Cassandra Tozer, Human Resources Director, 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 Scott Reilly, CEO, 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 DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 21142 Professional Services Agreement for Executive Recruitment Page 7 of 10 Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 22143 Professional Services Agreement for Executive Recruitment Page 8 of 10 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 23144 Professional Services Agreement for Executive Recruitment Page 9 of 10 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 24145 Professional Services Agreement for Executive Recruitment Page 10 of 10 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Chuck Winn, Acting City Manager Print Name: Scott Reilly Print Title: CEO APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney DocuSign Envelope ID: 871FCB83-7117-4117-8314-DE575CC954D5 Scott Reilly 25146