HomeMy WebLinkAbout06-04-24 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. Pledge of Allegiance and a Moment of Silence
C. Changes to the Agenda
D. FYI
E. Commission Disclosures
F. Consent
F.1 Accounts Payable Claims Review and Approval (Armstrong)
F.2 Authorize the City Manager to Sign a Purchase Agreement with Sutphen Corporation for a
New Ladder Truck(Waldo)
F.3 Authorize the City Manager to Sign a Notice of Award to CK May Excavating Inc. for
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, June 4, 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.
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can join this meeting:
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Construction of the 2024 Street and Utility Improvements Project(Kohtz)
F.4 Authorize the City Manager to Sign a Notice of Award and Contract Documents, Once
Received, to 4050 Development, LLC for Construction of the 2024 Evergreen Drive Sewer
Replacement Project(Gamradt)
F.5 Authorize the City Manager to Sign a Fiscal Year 2025 Montana State University (MSU) Fire
Service Agreement(Waldo)
F.6 Authorize the City Manager to Sign an Architectural Services Agreement with SMA
Architecture and Design for Fire Egress Route Mapping(Ziegler)
F.7 Authorize the City Manager to Sign a Construction Agreement for the 2024 Sidewalk
Grinding Project with Precision Concrete Cutting, Inc(Gamradt)
F.8 Authorize the City Manager to Sign a Construction Agreement with Big West Building
Services LLC for Bozeman City Shops Complex Flat Roofing and Insulation
Replacement(Ziegler)
F.9 Authorize the Interim City Manager to Sign a Professional Service Agreement with NV5
Geospatial, Inc. for Professional Geographic Information System (GIS) Services(Jorgenson)
F.10 Authorize the City Manager to Sign a Professional Services Agreement with the Downtown
Bozeman Partnership for the Administration of the Downtown Urban Renewal District for
Fiscal Year 2025(Staley )
F.11 Authorize the City Manager to Sign a Professional Services Agreement with the Downtown
Bozeman Partnership for the Administration of the Downtown Business Improvement
District for Fiscal Year 2025(Cope)
F.12 Authorize the Interim City Manager to Sign the First Amendment to Professional Services
Agreement to Extend Term With No Change in Contract Amount with TischlerBise(Saunders)
F.13 Ordinance 2164, Final Adoption, Rezoning Lot 1 of Minor Subdivision 235B, S23, T02S, R05E
from R-O (Residential Office) to R-4 (Residential High Density District) Containing 10.16
Acres, B-2M (Community Business District-Mixed) Containing 1.49 Acres, and PLI (Public
Lands and Institutions) containing 1.33 Acres; The Nexus Point Zone Map Amendment,
Application 23204(Cramblet)
G. Public Comment
H. Special Presentation
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.
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H.1 2025 Biennium Budget & Budget Message Special Presentation (Hodnett)
I. Work Session
I.1 Public Safety Mill Levy and Fire Station Construction Bond Work Session (Winn, Veltkamp,
Waldo)
J. Action Items
J.1 Appoint a New Bozeman City Commissioner (City Commission)
K. FYI / Discussion
L. Adjournment
Consider the Motion: I move to appoint ____________ to the position of Bozeman City Commissioner
with a term ending in compliance with Section 2.06(c) of the Bozeman Charter for the the term that will
expire at the beginning of the first regularly scheduled meeting in January of 2026.
City Commission meetings are open to all members of the public. If you have a disability that
requires assistance, please contact our Acting ADA Coordinator, Max Ziegler, at 406.582.2439 (TDD
406.582.2301).
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
Videos Page.
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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:June 4, 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 June 5th, 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: February 5, 2024
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Memorandum
REPORT TO:City Commission
FROM:Josh Waldo, Fire Chief
SUBJECT:Authorize the City Manager to Sign a Purchase Agreement with Sutphen
Corporation for a New Ladder Truck
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign the Purchase Agreement with Sutphen
Corporation for new ladder truck
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:The current ladder truck is reaching the end of life span for front line service
(15 years) and is scheduled for replacement as an FY-27 project in the Fire
and Capital Equipment Fund. The current ladder truck is beginning to
experience extensive down times and escalating maintenance cost due to it's
age, mileage, and hours. The current construction time for new ladder
trucks is ranging between 34-36 months from date of order, thus the fire
department needs to begin the process of designing and constructing the
ladder truck now to ensure delivery in FY-27. Approval of this purchase
agreement would allow for a potential FY-27 2nd quarter delivery. The
current ladder truck will be maintained as reserve apparatus for the second
half of it's life once the new ladder truck arrives.
The purchase of the new ladder truck is authorized under an active,
cooperative purchasing agreement between the City and Sourcewell.
Through the use of this cooperative purchasing agreement, the City is able to
take advantage of significant cost savings while also ensuring the contract
was competitively bid.
UNRESOLVED ISSUES:None at this time
ALTERNATIVES:As suggested by Commission
FISCAL EFFECTS:The Finance Director has approved starting this purchasing process now in
FY-24 to ensure a FY-27 delivery. The total cost of the ladder truck is slated
to be $2,207,624.77, paid for out of the fire and capital equipment fund.
Attachments:
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Bozeman Ladder Truck Purchase Agreement.pdf
Report compiled on: May 18, 2024
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Agreement for Purchase of ladder truck
Page 1 of 8
PURCHASE AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ___________ , 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of
Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230,
Bozeman, MT 59771, hereinafter referred to as “City,” and, Sutphen Corporation, hereinafter
referred to as “Seller.” The City and Seller may be referred to individually as “Party” and
collectively as “Parties.”
In consideration of the mutual promises and agreements hereinafter contained, the parties
agree as follows:
1. Property Purchased: Seller agrees to sell and City agrees to purchase the property
requested and described in Sutphen Proposal date May 17, 2024, attached hereto as Exhibit A
which is incorporated into this Purchase Agreement by this reference. By accepting this Purchase
Agreement, Seller hereby agrees that the sale, use, or incorporation into manufactured products of
all machines, software, hardware, materials and other devices furnished under this Purchase
Agreement which are not of the Seller’s design, composition, or manufacture shall be free and
clear of infringement of any valid patent, copyright, or trademark. Seller shall hold the City
harmless from any and all costs and expenses, including attorney fees, liability, and loss of any
kind growing out of claims, suits, or actions alleging such infringement, and Seller agrees to defend
such claims, suits, or actions.
2. Specifications: The Seller agrees that all material and workmanship in and upon
this Property complies with Exhibit A as accepted by the City. Unless otherwise agreed to by the
City, the items listed in Exhibit A, govern in the event of inconsistencies with the Seller’s response
to the same.
3. Price: The City agrees to pay the amount shown in exhibit A as the purchase price.
All prices include shipping and any applicable local, state or federal taxes that may be applied to
the Property to be purchased. This price is firm and not subject to escalation under agreed to in
writing by the City.
4. Delivery and Payment: Time is of the essence in the performance of this Purchase
Agreement. Seller assumes full responsibility for all transportation, transportation scheduling,
packing, handling, insurance, and other served associated with delivery of the Property.
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Agreement for Purchase of ladder truck
Page 2 of 8
Seller agrees to delivery to the City in a fully operational status and all accessories properly
installed no later than 36 months from the date of order. Delivery will occur at 300 E. Oak St,
Bozeman, MT 59715, or at a place otherwise designated in writing by the City. If delivery of the
Property and/or performance of services required under this Purchase Agreement cannot be made
Seller shall promptly notify the City of the earliest possible date for delivery or performance.
Notwithstanding such notice, if Seller for any reason fails to deliver the Property or perform
required services within the time specific or to the City’s satisfaction the City may terminate this
Purchase Agreement or any part therefore without liability except for good or services previously
provided and accepted. The City’s receipt or acceptance of any part of a non-conforming delivery
or service shall not constitute a waiver of any claim, right or remedy the City has under this
Purchase Agreement or applicable law. Upon delivery and for a reasonable period thereafter, City
has the right to inspect the Property to ensure that it meets Specifications as modified by Seller’s
responses which have been accepted by City. If the Property meets the Specifications, City shall
tender the purchase price stated above to Seller through the City’s normal claim process. Unless
otherwise agreed to in writing, payment terms shall be net thirty (30) days from the date of receipt
of invoice or acceptance and delivery of goods and services by the City, whichever occurs last.
Payment will be made to Seller at the address previously stated unless Seller provides a different
address in writing.
5. Nondiscrimination and Equal Pay: The Seller agrees that all hiring by Seller of
persons performing this Agreement shall be on the basis of merit and qualifications. The Seller
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Seller 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
Seller 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.
Seller 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, Montana Code Annotated
(MCA) (the Montana Equal Pay Act). Seller must report to the City any violations of the Montana
Equal Pay Act that Seller has been found guilty of within 60 days of such finding for violations
occurring during the term of this Agreement.
Seller shall require these nondiscrimination terms of its subcontractors providing products
under this Agreement.
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Agreement for Purchase of ladder truck
Page 3 of 8
6. Default/Termination/Remedies: In the event of Seller’s breach of this Purchase
Agreement, including if Seller fails to deliver the Property as set forth herein or fails to meet City’s
Specifications, City may, at its option, take any or all of the following actions without prejudice to
any other rights or remedies available to the City by law: (i) declare the Seller in default and
immediately cancel and rescind this Purchase Agreement; (ii) require Seller to repair or replace
any equipment or materials used in the Property, and upon Seller’s failure or refusal to do so, repair
or replace the same at Seller’s expense; (iii) reject any material or equipment included in the
Property containing defective or nonconforming equipment or material and return for credit or
replacement at Seller’s option; or (iv) cancel any outstanding deliveries and treat such breach by
Seller as Seller’s repudiation of this Purchase Agreement. Thereafter, City may procure substitute
property to replace the Property described herein. In such event, Seller is liable to City for the
difference between the price set forth herein and the price paid by City for the replacement
property. Additionally, the City may pursue any other remedy it has at law or in equity.
In the event of the City’s breach hereunder, Seller’s exclusive remedy shall be Seller’s
recovery of the material or equipment or of the Purchase Price or portion of the Purchase Price
payable for equipment and material delivered to the City prior to such breach.
7. Change Orders: The City shall have the right to revoke, amend, or modify this
Purchase Agreement or the equipment or material included in the Quotation at any time. Seller’s
receipt of City’s written change order without response received by the City within 10 (ten)
business days or Seller’s shipment or other performance reflecting the change, whichever occurs
first, shall be Seller’s acceptance of the change without any price or other adjustment.
8. WARRANTY: THE SELLER SHALL WARRANTY THE PROPERTY
INCLUDING ALL COMPONENT PARTS IN ACCORDANCE WITH WARRANTY
SPECIFICS LISTED IN EXHIBIT B AND SHALL ASSIGN TO THE CITY ALL
WARRANTIES FOR ALL COMPONENT PARTS OF THE PROPERTY NOT
WARRANTIED BY SELLER. IN ADDITION, THE SELLER AGREES THE PROPERTY
IS COVERED BY IMPLIED WARRANTIES FOR MERCHANTABILITY AND FITNESS
FOR THE PARTICULAR PURPOSE FOR WHICH IT HAS BEEN PURCHASED. IN
ADDITION TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES AND UNLESS
OTHERWISE AGREED IN WRITING, SELLER ALSO WARRANTS THAT ALL
EQUIPMENT DELIVERED HEREUNDER WILL BE NEW, SUITABLE FOR USE AS
DESCRIBED, OF THE GRADE AND QUALITY SPECIFIED, FREE FROM ALL
DEFECTS IN DESIGN, MATERIAL AND WORKMANSHIP; IN CONFORMITY WITH
ALL SPECIFICATIONS FURNISHED; IN COMPLIANCE WITH ALL APPLICABLE
FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND FREE FROM ANY
LIENS AND ENCUMBRANCES. THESE WARRANTIES SHALL NOT BE DEEMED TO
EXCLUDE SELLER’S STANDARD WARRANTIES OR OTHER RIGHTS OR
WARRANTIES WHICH THE CITY MAY HAVE OR OBTAIN.
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Agreement for Purchase of ladder truck
Page 4 of 8
9. Insurance/Indemnification: The Seller shall insure the Property for a minimum
of the purchase price against all damages during the delivery period per the Specifications. In
addition to and independent from the above, during the delivery period Seller shall defend,
indemnify, and hold the City, its officers, employees, and agents harmless against claims,
demands, suits, damages, losses, and expenses connected therewith that may be asserted or claimed
against, recovered from or suffered by the City by reason of any injury or loss, including but not
limited to, personal injury, including bodily injury or death, property damage, occasioned by,
growing out of, or in any way arising or resulting from any intentional or negligent act on the part
of Seller, it’s agents or employees. This provision shall survive delivery and acceptance by the city
of the Property.
10. Assignment: Seller may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express written
consent of City.
11. Entire Agreement: This Agreement, including its appendices, if any, embodies
the entire understanding between the parties relating to the subject matter contained herein. No
agent or representative of either party has authority to make any representations, statements,
warranties or agreements not herein expressed and all modifications or amendments of this
Agreement, including the appendices, must be in writing and signed by an authorized
representative of each of the parties hereto.
12. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana, venue shall be in the Eighteen
Judicial District, Gallatin County Montana, and the same is binding upon the parties, their heirs,
successors, and assigns.
13 Permits: Seller 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.
14. Laws and Regulations: Seller 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.
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Agreement for Purchase of ladder truck
Page 5 of 8
15. 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.
16. 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.
17. 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.
18. 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.
19. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
20. 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.
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Agreement for Purchase of ladder truck
Page 6 of 8
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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Agreement for Purchase of ladder truck
Page 7 of 8
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first above written.
CITY OF BOZEMAN SELLER
By___________________________ By____________________________
Chuck Winn, Interim City Manager Print Name: ___________________
Print Title: ____________________
APPROVED AS TO FORM:
By________________________________
Greg Sullivan, City Attorney
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Agreement for Purchase of ladder truck
Page 8 of 8
Exhibit A
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PROPOSAL
TO THE:
Bozeman Fire Department
Attn: Chief Josh Waldo
DATE: May 17, 2024
We hereby propose and agree to furnish the following firefighting equipment upon your
acceptance of this Proposal:
One (1) Sutphen Heavy Duty 100’ Mid-Mount Aerial Platform (SPH100) Complete
and Delivered for the Total Sum of ........................................... $2,207,624.77
**Truck priced via Sourcewell contract #113021-SUT
The apparatus and equipment being purchased hereunder shall be completed within
approximately 34-36 months after the Sutphen’s receipt and approval of Purchaser’s
acceptance of this Proposal.
This Proposal shall be valid for thirty (30) days. If a Purchase Agreement or Purchase Order
is not received by Sutphen within 30 days of the date of this Proposal, Sutphen reserves the
right to extend, withdraw, or modify this Proposal, including pricing, delivery times, and
prepayment discounts, as applicable.
Respectfully submitted,
Zach Rudy
Director of Sales and Marketing
Sutphen Corporation
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TERMS & CONDITIONS
Changes to National Fire Protection Association (“NFPA”) 1900, Environmental Protection Agency (“EPA”) or changes legislated by Federal, State
or Local Governments or changes in parts availability or vendor relationships that impact the cost to manufacture the truck may incur additional
charges which shall be borne by the Purchaser. These may include but are not limited to changes that affect the major vendors of the fire apparatus
industry such as pump manufacturers, seat manufacturers, electrical power supplies (generators) and powertrain (engine & transmission). Any
such changes shall be documented on a change order executed by both Sutphen and Purchaser.
Sutphen shall provide written notice to the Purchaser as soon as it reasonably believes any cost increase provision may be invoked. Sutphen shall
provide, upon written request, documentation of such changes and increases.
Sutphen will use its reasonable best efforts to deliver the apparatus within the timeframe quoted herein, provided that such delivery date shall be
automatically extended for delays beyond Sutphen’s control, including, without limitation, strikes, labor disputes, riots, civil unrest, pandemics, war
or other military actions, sabotage, government regulations or controls, fire or other casualty, or inability to obtain materials or services. If such delay
occurs, Sutphen shall give notice of delay to Purchaser. Purchaser shall not be entitled to any discount or reduction in price for such delay and Sutphen
shall not be liable for any damages (compensatory, incidental, consequential or otherwise) related to such delay.
Final payment shall be made at the time of final inspection at the factory. Should payment be delayed, Sutphen reserves the right to charge interest
at the rate of one and one-half percent (1.5%) per month, beginning on the day after payment is due.
Delivery, payment, and transfer of the Manufacturer’s Certificate of Origin (MCO) shall take place at Sutphen during final inspection, and upon
payment in full in accordance with these terms. Sutphen reserves the right to withhold delivery of the MCO until payment in full is received. If
Purchaser requires any third-party equipment mounting, the apparatus shall be moved to the third-party facility by the dealer or Purchaser for such
mounting. Such third-party work shall not delay or offset payment to Sutphen. The apparatus shall be tested per NFPA #1900 at Sutphen's
manufacturing facility. Purchaser agrees that the apparatus and equipment being purchased hereunder shall not be driven or used in any manner
until it is paid for in full. In the event there are any shortages or omissions with the apparatus at time of completion, Purchaser may withhold a sum
equivalent to the price of any such shortages as determined by Sutphen.
In the case of any default in payment hereunder or in the payment on any notes, negotiable paper, obligations or other instruments issued by
Purchaser, Sutphen may take full possession of the apparatus and equipment or of the piece or pieces upon which default has been made, and any
payments that have been made theretofore shall be applied as rent in full for the use of the apparatus and equipment up to the date of taking
possession by Sutphen.
Sutphen warrants to Purchaser that all goods and services furnished hereunder will conform in all respects to the terms of this order, including any
applicable change orders, drawings, specifications, or standards incorporated herein, and/or shall be free of defects in materials, workmanship, and
free from such defects in design. In addition, Sutphen warrants that the goods and services are suitable for and will perform in accordance with the
purposes for which they were intended, for a period of one year from the Warranty Registration Date, unless an extended warranty is purchased.
The purchase price provided for herein does not include any federal, state or local sales tax, duties, imposts, revenues, excise or other taxes which
may hereafter be imposed by governmental authority or otherwise and which are made applicable to the apparatus or equipment covered by this
Proposal. In the event that any such taxes are subsequently imposed and become applicable, the purchase price herein shall be increased by the
amount of such taxes and such sum shall be immediately paid by Purchaser to Sutphen. To the extent applicable, the prices and deliveries set forth
herein are subject to the Defense Production Act.
Sutphen shall provide insurance insuring the apparatus and equipment against loss by fire, theft, or collision and insuring against property damage
and personal injury through the completion of the apparatus and transfer of the Manufacturer’s Certificate of Origin.
After the execution of this Agreement, Purchaser shall have no right to terminate the Agreement. Sutphen may, in its absolute and sole discretion,
accept Purchaser’s request to terminate the Agreement. In the event Sutphen accepts Purchaser’s request to terminate the Agreement, Sutphen may
charge a cancellation fee. The following charge schedule based on costs incurred may be applied, at Sutphen’s sole discretion:(a) 10% after order is
accepted by Sutphen; (b) 30% of the Purchase Price after production has commenced. The cancellation fee may increase accordingly as costs are
incurred as the order progresses through engineering and into manufacturing.
These Terms and Conditions (“T&C”) contained in the Proposal provided herein take precedence over all previous negotiations, oral or written, and
no representations or warranties are applicable except as specifically contained in these or in any subsequently signed agreement between the Parties.
No waiver of any of the provisions of these T&C shall be deemed a waiver of any other provision, whether similar, nor shall any waiver constitute a
continuing waiver. If a Purchase Order is issued, this Proposal, including the Terms and Conditions contained herein, shall supersede the terms in the
Purchase Order where terms may be inconsistent.
This Proposal shall be governed and controlled as to interpretation, enforcement, validity, construction, effect and in all other respects by the laws,
statutes, and decisions of the State of Ohio. Exclusive jurisdiction and venue for any litigation at all related to this in the Franklin County Court of
Common Pleas, Columbus, Ohio, and the parties hereto consent and submit to the general jurisdiction of this court. All of these T&C shall be binding
upon and inure to the benefit of and be enforceable by Sutphen, Purchaser, their successors and assigns.
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Memorandum
REPORT TO:City Commission
FROM:
Shawn Kohtz, Director of Utilities
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Notice of Award to CK May Excavating
Inc. for Construction of the 2024 Street and Utility Improvements Project
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Notice of Award to CK May Excavating
Inc. for the Total Schedule 1 thru 14 Base Bid plus miscellaneous work in the
amount of $4,288,769.50.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:
Attached is a copy of the Notice of Award for the above referenced project.
The proposed work includes a combination of street and utility work in five
separate locations in the City of Bozeman:
Location 1: Reconstruction of Bogert Place from East Story Street to South
Church Avenue including: replacement of existing water mains, valves,
fittings and appurtenances, sewer mains and manholes, and storm drainage
pipe, inlets and manholes; removing the existing road section from curb to
curb and constructing a new road section, new signage, sidewalks, adjusting
existing utilities to accommodate the new roadway, restoring boulevards to
pre-existing conditions and all related work incidental to construction.
Location 2: Stormwater Improvements on South Tracy Ave. from Babcock to
Main Street, consisting of replacement of approximately 560 lineal feet of
existing 12-inch diameter (nominal) vitrified clay pipe with 18-inch diameter
PVC pipe. The stormwater main is located within South Tracy Street from its
intersection with Babcock, north to the alleyway north of Main Street.
Completion of this work will include the replacement of stormwater
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manholes/inlets, service lines, connections to existing stormwater system,
surface restoration, and traffic control. All work will be completed within
existing City of Bozeman Road right-of-way and MDT right-of-way.
Location 3: Replacement of existing water mains consisting of 6” asbestos
concrete pipe located within South 12th, 13th, and 14th Avenues between
West College Street and West Koch Street. These mains are to be replaced
with approximately 4573 linear feet of 8” ductile iron water main and
appurtenances.
Location 4: Replacement of existing sewer and storm mains located in South
Black Avenue between College Street and Main Street and replacement of
water and sewer mains in Dickerson Street from South Black Avenue east to
near Bozeman Avenue. The work includes approximately 3,187 linear feet of
sewer main replacement, 902 linear feet of storm drain replacement and
261 linear feet of water main replacement.
Location 5: Replacement of existing sewer and water mains located in North
8th Avenue between Mendenhall Street and Beall Street. The work includes
approximately 570 linear feet of sewer main and 307 linear feet of water
main.
Bids for the above-referenced project were opened on May 9 th with 4 bids
being submitted. The low bid was submitted by CK May Excavating, Inc in
the amount of $4,288,769.50 for the base bid schedule 1 thru 14 plus
miscellaneous work. The Bid Tabulation for the project is attached.
The contract is to be completed within 300 calendar days of the issuance of
the notice to proceed.
Engineering Division staff, with the approval of the Director of
Transportation and Engineering and Director of Utilities, have combined
several capital projects of similar scope previously authorized separately
through the FY23 and FY24 operating budgets into a single contract known
herein as the 2024 Street and Utility Improvements Project. The Division has
previously seen several of these smaller individual projects bid in past years
without attracting competitive bidders. After consulting with area
contractors and other agencies, Staff proposed an alternate delivery method
of combining several smaller efforts into a single contract as means of
attracting more bid competition. This methodology appears to have been
46
successful based on attracting four competitive bids and a low bid of
approximately 6% under Engineer's Estimate.
UNRESOLVED ISSUES:None
ALTERNATIVES:Disapprove
FISCAL EFFECTS:
Project funding shall be allocated as follows:
Bogert Place Street Reconstruction
$106,454.00 WW08 – Waste Water Pipe Replacement Fund
$97,005.00 W04 – Water Pipe Replacement Fund
$407,752.00 SCR26 - Street Reconstruction Fund
$167,064 Amount of Street Reconstruction Funds to be Reimbursed
through SID#778
S Tracy Storm Improvements
$360,695.00 STDM04 - Stormwater Historic Pipe Replacement
12th, 13th, 14th Avenue Water Renovations
$1,364,325.40 W04 – Water Pipe Replacement Fund
$447,252.60 House Bill 355 Grant Funding
South Black Avenue Sewer Renovations
$838,433.00 WW08 – Waste Water Pipe Replacement Fund
$225,815.00 STDM04 - Stormwater Historic Pipe Replacement
$67,830.00 W04 – Water Pipe Replacement Fund
North 8th Avenue Water and Sewer Renovations
$373,207.50 Mid-Town Tax Increment Financing
Attachments:
Bid Tab.pdf
AWARD.docx
BidWorksheet_8926122_Eval.pdf
Report compiled on: May 17, 2024
47
Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total:
Omdahl x x $5,200,225.80
CK May x x $4,288,769.50
Williams Civil x x $4,618,274.50
Easton/Grade A Civil x x $5,093,220.00
Alex Newby Kellen Gamradt
Deputy City Clerk Engineer
Bid Check:Delivered to Finance:Accepted By:Date:
2024 Street and Utility Improvements Project
These bids were opened and read before the undersigned at 2:00 pm on Thursday, May 9, 2024.
DocuSign Envelope ID: 17BF6964-0801-4239-8C14-09E30BA4797C
162687
158949
37068
35949
48247
NOTICE OF AWARD
Dated: __________________________
TO: CK May Excavating, Inc
ADDRESS: P.O. Box 1426, Belgrade, MT 59714
PROJECT: 2024 Street and Utility Improvements Project
CONTRACT FOR: Schedules 1 thru 14, and Miscellaneous Work
You are notified that your Bid dated May9th, 2024, for the above Contract has been considered. You are the
apparent Successful Bidder and have been awarded a Contract for the 2024 Street and Utility Improvements
Project.
The Contract Price of your Contract is:four million two hundred eighty eight thousand seven hundred
sixty nine and 50/100 Dollars ($4,288,769.50).
Three copies of the proposed Contract Documents accompany this Notice of Award.
You must comply with the following conditions precedent within fifteen (15) days of the date of this
Notice of Award, that is, by _______ .
1.You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the
Contract Documents and Drawings.
2.You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the
Instruction to Bidders (page 7), General Conditions (paragraph 5.01) and Supplementary Conditions
(paragraph SC-5.02).
3.List other conditions precedent:
You must deliver with the executed Agreement the Certificates of Insurance as specified in
the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your
Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions, OWNER will return to you one fully
signed counterpart of the Agreement with the Contract Documents attached.
CITY OF BOZEMAN, MONTANA ATTEST:
BY: __________________________________BY: ____________________________
(CITY MANAGER)(CITY CLERK)
DATE: _______________________________
49
2024 Street and Utility Improvements Project (#8926122)Owner: Bozeman MT, City ofSolicitor: Bozeman MT, City of05/09/2024 02:00 PM MDTEngineer Estimate CK May Excavating Williams Civil Construction Easton Companies Omdahl Excavation & Utilities, Inc.Section Tit Line Item Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension Unit Price ExtensionSchedule 1 ‐ Bogert Place$367,334.80 $334,902.00 $426,253.00 $378,240.00 $416,159.80101 Taxes, bonding, insurance LS 1 $18,000.00 $18,000.00 $2,000.00 $2,000.00 $5,000.00 $5,000.00 $25,000.00 $25,000.00 $35,000.00 $35,000.00102 Mobilization LS 1 $50,000.00 $50,000.00 $12,000.00 $12,000.00 $58,500.00 $58,500.00 $50,000.00 $50,000.00 $34,000.00 $34,000.00103 Unclassified excavation above subgrade Cu Yd 1353 $28.00 $37,884.00 $45.00 $60,885.00 $29.00 $39,237.00 $25.00 $33,825.00 $28.00 $37,884.00104 Remove existing concrete sidewalk, ped ramps, and driveSq Ft 1360 $4.75 $6,460.00 $5.00 $6,800.00 $1.00 $1,360.00 $3.00 $4,080.00 $6.00 $8,160.00105 Remove existing wood posts (bollards) Ea 63 $262.00 $16,506.00 $65.00 $4,095.00 $58.00 $3,654.00 $75.00 $4,725.00 $275.00 $17,325.00106 Remove existing steel gate Ea 1 $1,050.00 $1,050.00 $550.00 $550.00 $840.00 $840.00 $250.00 $250.00 $1,200.00 $1,200.00107 Class II Gravel Trail Sq Ft 198 $57.75 $11,434.50 $10.00 $1,980.00$13.00 $2,574.00 $5.00 $990.00 $60.00 $11,880.00108 14' 6‐rail tube gate Ea 1 $630.00 $630.00 $3,000.00 $3,000.00 $1,700.00 $1,700.00 $2,500.00 $2,500.00 $1,500.00 $1,500.00109 8"x8" Pressure treated gate post Ea 2 $575.00 $1,150.00 $500.00 $1,000.00 $520.00 $1,040.00 $500.00 $1,000.00 $575.00 $1,150.00110 Geotextile separation fabric Sq Yd 2708 $1.60 $4,332.80 $1.75 $4,739.00 $1.50 $4,062.00 $3.50 $9,478.00 $1.60 $4,332.80111 3" minus uncrushed subbase Cu Yd 760 $42.00 $31,920.00 $45.00 $34,200.00 $52.00 $39,520.00 $50.00 $38,000.00 $42.00 $31,920.00112 1" minus crushed base course Cu Yd 380 $52.00 $19,760.00 $82.50 $31,350.00 $120.00 $45,600.00 $43.00 $16,340.00 $52.00 $19,760.00113 Asphalt concrete pavement 3" thickness Sq Yd 1750 $22.00 $38,500.00 $28.50 $49,875.00 $27.00 $47,250.00 $38.00 $66,500.00 $28.50 $49,875.00114 Concrete curb and gutter Ln Ft 1276 $25.00 $31,900.00 $30.00 $38,280.00 $49.00 $62,524.00 $28.00 $35,728.00 $38.00 $48,488.00115 Ped ramps, drive and alley approaches and sidewalk 6" thSq Ft 1000 $14.70 $14,700.00 $20.00 $20,000.00 $35.00 $35,000.00 $15.00$15,000.00 $22.00 $22,000.00116 Concrete sidewalk 4" depth Sq Ft 2000 $12.60 $25,200.00 $15.00 $30,000.00 $14.00 $28,000.00 $10.00 $20,000.00 $12.60 $25,200.00117 ADA detectable warning panel Sq Ft 20 $63.00 $1,260.00 $60.00 $1,200.00 $110.00 $2,200.00 $75.00 $1,500.00 $110.00 $2,200.00118 4" sch.80 PVC utility conduit Ln Ft 70 $31.50 $2,205.00 $35.00 $2,450.00 $43.00 $3,010.00 $30.00 $2,100.00 $36.00 $2,520.00119 Topsoil, sod and site restoration LS 1 $21,000.00 $21,000.00 $12,500.00 $12,500.00 $10,600.00 $10,600.00 $14,000.00 $14,000.00 $21,000.00 $21,000.00120 Traffic control LS 1 $15,750.00 $15,750.00 $5,000.00 $5,000.00 $8,700.00 $8,700.00 $20,000.00 $20,000.00 $17,500.00 $17,500.00121 2" square metal posts Ln Ft 36 $52.50 $1,890.00 $55.50 $1,998.00 $62.00 $2,232.00 $34.00 $1,224.00 $52.50 $1,890.00122 Aluminum signs Sq Ft 5 $63.00 $315.00 $500.00 $2,500.00 $430.00 $2,150.00 $550.00 $2,750.00 $75.00 $375.00123 Epoxy curb markings Gal 1.5 $525.00 $787.50 $1,000.00 $1,500.00 $1,200.00 $1,800.00 $1,500.00 $2,250.00 $600.00 $900.00124 Construction staking and quality assurance LS 1 $12,600.00 $12,600.00 $5,000.00 $5,000.00 $18,600.00 $18,600.00 $10,000.00 $10,000.00$18,000.00 $18,000.00125 Exploratory excavation Hour 5 $420.00 $2,100.00 $400.00 $2,000.00 $220.00 $1,100.00 $200.00 $1,000.00 $420.00 $2,100.00Schedule 2 ‐ Water Improvements ‐ ‐ Bogert Place$76,194.00 $87,005.00 $74,079.00 $107,960.00 $91,830.50201 Connection to existing main Ea 1 $2,750.00 $2,750.00 $5,250.00 $5,250.00 $5,600.00 $5,600.00 $5,500.00 $5,500.00 $3,000.00 $3,000.00202 6" MJ gate valve w/ valve box Ea 1 $4,600.00 $4,600.00 $3,500.00 $3,500.00 $1,800.00 $1,800.00 $2,500.00 $2,500.00 $4,600.00 $4,600.00203 6" MJ Tee Ea 1 $1,750.00 $1,750.00 $2,000.00 $2,000.00 $640.00 $640.00 $1,400.00 $1,400.00 $1,750.00 $1,750.00204 6" 90‐D bend Ea 1 $1,200.00 $1,200.00 $1,250.00 $1,250.00 $520.00 $520.00 $1,200.00 $1,200.00 $1,200.00 $1,200.00205 6" Pressure class 350 ductile iron pipe Ln Ft 377 $104.00 $39,208.00 $105.00 $39,585.00 $90.00 $33,930.00 $145.00 $54,665.00 $120.00 $45,240.00206 2" diameter and smaller service pipe Ln Ft 66 $120.00 $7,920.00 $120.00 $7,920.00 $59.00 $3,894.00 $140.00 $9,240.00 $160.00 $10,560.00207 Reconnect Existing Service Ea 3 $770.00 $2,310.00 $1,750.00 $5,250.00 $980.00 $2,940.00 $600.00 $1,800.00 $1,200.00 $3,600.00208 Install expansion tank and backflow preventerEa 1 $1,150.00 $1,150.00 $2,000.00 $2,000.00 $2,900.00 $2,900.00 $15,000.00 $15,000.00 $2,500.00 $2,500.00209 Fire Hydrant assembly 6.5' bury Ea 1 $8,200.00 $8,200.00 $9,500.00 $9,500.00 $8,200.00 $8,200.00 $10,000.00 $10,000.00 $8,200.00 $8,200.00210 Insulation Ln Ft 40 $27.50 $1,100.00 $12.00 $480.00 $40.00 $1,600.00$20.00 $800.00 $28.00 $1,120.00211 Type 2 pipe bedding Cu Yd 15 $65.00 $975.00 $85.00 $1,275.00 $93.00$1,395.00 $40.00 $600.00 $65.00 $975.00212 Flowable Backfill Cu Yd 15 $110.00 $1,650.00 $225.00 $3,375.00 $230.00 $3,450.00 $175.00 $2,625.00 $200.00 $3,000.00213 Asphalt Surface Restoration Sq Yd 3 $27.00 $81.00 $340.00 $1,020.00 $470.00 $1,410.00 $210.00 $630.00 $28.50 $85.50214 Abandon Existing Water Service Ea 2 $1,650.00 $3,300.00 $2,300.00$4,600.00 $2,900.00 $5,800.00 $1,000.00 $2,000.00 $3,000.00 $6,000.00Schedule 3 ‐ Sewer Improvements ‐ Bogert Place $143,143.10 $96,454.00 $141,400.00 $175,186.00 $151,852.50301 Remove existing manhole Ea 2 $2,450.00 $4,900.00 $1,250.00 $2,500.00 $1,100.00 $2,200.00 $3,000.00 $6,000.00 $2,500.00 $5,000.00302 Connection to existing sewer main Ea 2 $3,850.00 $7,700.00 $2,000.00 $4,000.00 $3,200.00 $6,400.00 $4,500.00 $9,000.00 $3,500.00 $7,000.00303 8" SDR 26 PVC sewer main Ln Ft 405 $132.00 $53,460.00 $75.00 $30,375.00 $100.00 $40,500.00 $210.00 $85,050.00 $135.00 $54,675.00304 4' Diameter basic manhole 5'‐0" depth Ea 3 $8,820.00 $26,460.00 $7,000.00 $21,000.00 $8,700.00 $26,100.00 $8,000.00 $24,000.00 $8,500.00 $25,500.00305 4' diameter additional manhole depth Vertical Ft 7.06 $235.00 $1,659.10 $400.00 $2,824.00 $1,000.00 $7,060.00 $450.00 $3,177.00 $300.00 $2,118.00306 4" Sewer service connection Ea 12 $1,400.00 $16,800.00 $500.00 $6,000.00 $2,200.00 $26,400.00 $600.00 $7,200.00 $1,400.00 $16,800.00307 4" SDR 26 Sewer service Ln Ft 25 $132.00 $3,300.00 $200.00 $5,000.00 $110.00 $2,750.00 $500.00 $12,500.00 $135.00 $3,375.00308 Bypass Pumping LS 1 $22,000.00 $22,000.00 $2,000.00 $2,000.00 $4,700.00 $4,700.00 $15,000.00 $15,000.00 $22,000.00 $22,000.00309 Flowable Backfill Material Cu Yd 55 $65.00 $3,575.00 $225.00 $12,375.00 $230.00 $12,650.00 $175.00 $9,625.00 $200.00 $11,000.00310 Asphalt Surface Restoration Sq Yd 17 $27.00 $459.00 $340.00 $5,780.00 $470.00 $7,990.00 $52.00 $884.00 $28.50 $484.50311 Replace Alley Approach and SidewalkSq Ft 160 $16.00 $2,560.00 $25.00 $4,000.00 $26.00 $4,160.00 $15.00 $2,400.00 $22.00 $3,520.00312 Remove and Replace Concrete Curb & GutterLn Ft 10 $27.00 $270.00 $60.00 $600.00 $49.00 $490.00 $35.00 $350.00 $38.00 $380.00Schedule 4 ‐ Storm Improvements ‐ Bogert Place $40,590.00 $42,850.00 $28,240.00 $43,300.00 $43,780.00401 12" SDR 35 PVC storm sewer pipe Ln Ft 38 $105.00 $3,990.00 $75.00$2,850.00 $80.00 $3,040.00 $100.00 $3,800.00 $110.00 $4,180.00402 Standard storm drain inlet Ea 2 $5,500.00 $11,000.00 $5,500.00 $11,000.00 $3,600.00 $7,200.00 $8,000.00 $16,000.00 $5,500.00 $11,000.00403 4' diameter storm manhole Ea 1 $6,600.00 $6,600.00 $6,500.00 $6,500.00 $3,000.00 $3,000.00 $8,500.00 $8,500.00 $6,600.00 $6,600.00404 Underground Infiltration Chamber Ea 10 $1,900.00 $19,000.00 $2,250.00 $22,500.00 $1,500.00 $15,000.00 $1,500.00 $15,000.00 $2,200.00 $22,000.00Miscellaneous Work Items$110,000.00 $110,000.00 $110,000.00 $110,000.00 $110,000.00126 Schedule 1 Miscellaneous Work Ea 25000 $1.00 $25,000.00 $1.00 $25,000.00 $1.00 $25,000.00 $1.00 $25,000.00 $1.00 $25,000.00215 Schedule 2 Miscellaneous Work Ea 10000 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00313 Schedule 3 Miscellaneous Work Ea 10000 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00405 Schedule 4 Miscellaneous Work Ea 5000 $1.00 $5,000.00 $1.00 $5,000.00 $1.00 $5,000.00 $1.00 $5,000.00 $1.00 $5,000.00523 Schedule 5 Miscellaneous Work Ea 10000 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00 $1.00 $10,000.00630 Schedule 6 Miscellaneous Work Ea 30000 $1.00 $30,000.00 $1.00 $30,000.00 $1.00 $30,000.00 $1.00 $30,000.00 $1.00 $30,000.001007 Schedule 10 Miscellaneous Work Ea 20000 $1.00 $20,000.00 $1.00 $20,000.00 $1.00 $20,000.00 $1.00 $20,000.00 $1.00 $20,000.00Schedule 5 ‐ S Tracy Storm Improvements$417,826.00 $350,695.00 $437,646.00 $447,873.00 $509,028.00501 Mobilization & Demobilization LS 1 $20,483.00 $20,483.00 $11,000.00 $11,000.00 $68,900.00 $68,900.00 $30,000.00 $30,000.00 $21,000.00 $21,000.00502 Taxes, Bonding, Insurance LS 1 $20,483.00 $20,483.00 $2,000.00 $2,000.00 $5,000.00 $5,000.00 $12,000.00 $12,000.00 $30,000.00 $30,000.00503 6" PVC Storm Water Main Ln Ft 10 $150.00 $1,500.00 $75.00 $750.00 $120.00 $1,200.00 $120.00 $1,200.00 $150.00 $1,500.00504 10" PVC Storm Water Main Ln Ft 38 $170.00 $6,460.00 $175.00 $6,650.00 $560.00 $21,280.00 $130.00 $4,940.00 $170.00 $6,460.00505 12" PVC Storm Water Main Ln Ft 10 $180.00 $1,800.00 $80.00 $800.00$150.00 $1,500.00 $150.00 $1,500.00 $180.00 $1,800.00506 18" PVC Storm Water Main Ln Ft 559 $200.00 $111,800.00 $135.00 $75,465.00 $150.00 $83,850.00 $200.00 $111,800.00 $200.00 $111,800.00507 72" Stormwater Manhole Ea 1 $8,500.00 $8,500.00 $16,000.00 $16,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $8,500.00 $8,500.00508 Combination Manhole & Curb Inlet Ea 2 $6,000.00 $12,000.00 $7,000.00 $14,000.00 $6,900.00 $13,800.00 $9,000.00 $18,000.00 $6,000.00 $12,000.00509 Connection to Existing Ea 2 $3,000.00 $6,000.00 $2,000.00 $4,000.00 $3,900.00 $7,800.00 $2,500.00 $5,000.00 $4,000.00 $8,000.00510 Removal and Disposal of Surface Material Cu Yd 566 $35.00 $19,810.00 $38.50 $21,791.00 $16.00 $9,056.00 $18.00 $10,188.00 $35.00 $19,810.00511 Trench Backfill and Flowable Fill Cu Yd 90 $180.00 $16,200.00 $225.00 $20,250.00 $230.00 $20,700.00 $175.00 $15,750.00 $200.00 $18,000.00512 Surface Restoration ‐ Asphalt Sq Yd 359 $80.00 $28,720.00 $76.00 $27,284.00 $54.00 $19,386.00 $85.00 $30,515.00 $80.00 $28,720.00513 Surface Restoration ‐ Concrete Sidewalks Sq Yd 297 $90.00 $26,730.00 $165.00 $49,005.00 $230.00 $68,310.00 $140.00 $41,580.00 $198.00 $58,806.00514 Surface Restoration ‐ Concrete Crosswalk (Stamp&Color) Sq Yd 8$120.00 $960.00 $500.00 $4,000.00 $420.00 $3,360.00 $600.00 $4,800.00 $198.00 $1,584.00515 Surface Restoration ‐ Concrete Alley Approach Ea 1 $4,000.00 $4,000.00 $750.00 $750.00 $11,200.00 $11,200.00 $800.00 $800.00 $9,000.00$9,000.00516 Surface Restoration ‐ Concrete Curb and GutterLn Ft 396 $30.00 $11,880.00 $75.00 $29,700.00 $49.00 $19,404.00 $50.00 $19,800.00 $38.00 $15,048.00517 Surface Restoration ‐ Pedestrian Ramp Ea 2 $3,000.00 $6,000.00 $2,250.00 $4,500.00 $3,000.00 $6,000.00 $2,500.00 $5,000.00 $3,000.00 $6,000.00518 Reinstatement of Service Connections Ea 5 $2,500.00 $12,500.00 $3,000.00 $15,000.00 $1,200.00 $6,000.00 $1,200.00 $6,000.00 $4,000.00 $20,000.00519 Bypass Pumping LS 1 $10,000.00 $10,000.00 $1,250.00 $1,250.00 $9,400.00 $9,400.00 $15,000.00 $15,000.00 $18,000.00 $18,000.00520 Sign Reset / Replacement Ea 8 $1,500.00 $12,000.00 $1,000.00 $8,000.00 $1,400.00 $11,200.00 $1,000.00 $8,000.00 $2,500.00 $20,000.00521 Traffic & Curb Painting LS 1 $5,000.00 $5,000.00 $3,500.00 $3,500.00 $4,300.00 $4,300.00 $6,000.00 $6,000.00 $8,000.00 $8,000.00522 Traffic Control LS 1 $75,000.00 $75,000.00 $35,000.00 $35,000.00 $31,000.00 $31,000.00 $85,000.00 $85,000.00 $85,000.00 $85,000.00Schedule 6 ‐ 12th, 13th, 14th Water$1,514,710.00 $1,781,578.00 $1,727,650.50 $1,772,880.00 $1,726,612.00601 Taxes, Bonding, Insurance LS 1 $50,000.00 $50,000.00 $18,000.00 $18,000.00 $5,000.00 $5,000.00 $45,000.00 $45,000.00 $50,000.00 $50,000.00602 Mobilization LS 1 $70,000.00 $70,000.00 $7,000.00 $7,000.00 $166,400.00 $166,400.00 $100,000.00 $100,000.00 $70,000.00 $70,000.00603 Connection to Existing Main Ea 17 $2,500.00 $42,500.00 $4,000.00 $68,000.00 $5,400.00 $91,800.00 $5,000.00 $85,000.00 $3,000.00 $51,000.00604 8" MJ Gate Valve w/ V.B. Ea 15 $4,500.00 $67,500.00 $4,500.00 $67,500.00 $2,600.00 $39,000.00 $4,500.00 $67,500.00 $4,800.00 $72,000.00605 10" MJ Gate Valve w/ V.B. Ea 1 $5,000.00 $5,000.00 $5,750.00 $5,750.00 $3,500.00 $3,500.00 $5,500.00 $5,500.00 $5,400.00 $5,400.00606 8"x6" MJ Reducer Ea 3 $1,300.00 $3,900.00 $850.00 $2,550.00 $520.00$1,560.00 $1,250.00 $3,750.00 $1,300.00 $3,900.00607 8"x6" MJ Tee Ea 9 $1,500.00 $13,500.00 $2,250.00 $20,250.00 $730.00$6,570.00 $1,800.00 $16,200.00 $1,500.00 $13,500.00608 8" MJ Tee Ea 1 $1,600.00 $1,600.00 $2,250.00 $2,250.00 $810.00 $810.00 $1,850.00 $1,850.00 $1,600.00 $1,600.00609 10"x8" MJ Tee Ea 1 $1,700.00 $1,700.00 $2,500.00 $2,500.00 $950.00 $950.00 $2,250.00 $2,250.00 $1,700.00 $1,700.00610 14"x8" MJ Tee Ea 3 $2,000.00 $6,000.00 $3,000.00 $9,000.00 $1,500.00 $4,500.00 $3,000.00 $9,000.00 $2,000.00 $6,000.00611 10"x8" MJ Cross Ea 2 $2,800.00 $5,600.00 $3,000.00 $6,000.00 $1,100.00 $2,200.00 $2,500.00 $5,000.00 $3,200.00 $6,400.00612 90‐Degree MJ Bend Ea 1 $1,300.00 $1,300.00 $1,750.00 $1,750.00 $810.00 $810.00 $1,500.00 $1,500.00 $1,300.00 $1,300.00613 8" CL51 D.I.P. Ln Ft 4573 $110.00 $503,030.00 $115.00 $525,895.00 $140.00 $640,220.00 $150.00 $685,950.00 $125.00 $571,625.00614 Remove and Dispose of Existing Asbestos Cement Pipe Ln Ft 4579$25.00 $114,475.00 $25.00 $114,475.00 $27.50 $125,922.50 $10.00 $45,790.00 $30.00 $137,370.00615 Service Reconnection w/in Trench limits 2" dia. & SmallerEa 115 $1,000.00 $115,000.00 $1,500.00 $172,500.00 $1,200.00 $138,000.00 $600.00 $69,000.00 $1,200.00 $138,000.00616 Service Reconnection outside of trench limits Ln Ft 49 $175.00 $8,575.00 $80.00 $3,920.00 $76.00 $3,724.00 $120.00 $5,880.00 $175.00 $8,575.00617 Service Landscaping LS 1 $1,000.00 $1,000.00 $22,500.00 $22,500.00$4,300.00 $4,300.00 $5,000.00 $5,000.00 $1,000.00 $1,000.00618 Insulate Service beyond trench limits Ln Ft 709 $100.00 $70,900.00 $70.00 $49,630.00 $35.00 $24,815.00 $20.00 $14,180.00 $100.00 $70,900.00619 Fire Hydrant 6.5' Bury Ea 13 $7,500.00 $97,500.00 $9,500.00 $123,500.00 $9,400.00 $122,200.00 $10,000.00 $130,000.00 $7,500.00 $97,500.00620 Remove Existing Hydrant Ea 1 $1,500.00 $1,500.00 $500.00 $500.00 $1,200.00 $1,200.00 $1,500.00 $1,500.00 $2,000.00 $2,000.00621 Insulate Water Main Ln Ft 144 $25.00 $3,600.00 $12.00 $1,728.00 $35.00 $5,040.00 $20.00 $2,880.00 $28.00 $4,032.00622 Temporary Water System LS 1 $80,000.00 $80,000.00 $65,000.00 $65,000.00 $31,200.00 $31,200.00 $100,000.00 $100,000.00 $80,000.00 $80,000.00623 Flowable Fill ‐ Pipe Crossing Ea 5 $2,000.00 $10,000.00 $1,100.00$5,500.00 $2,200.00 $11,000.00 $2,000.00 $10,000.00 $2,000.00 $10,000.00624 Flowable Fill ‐Trench Backfill Ln Ft 133 $145.00 $19,285.00 $330.00 $43,890.00 $44.00 $5,852.00 $290.00 $38,570.00 $200.00 $26,600.00625 Flowable Fill ‐ Trench Restoration Ln Ft 5200 $26.00 $135,200.00$75.00 $390,000.00 $44.00 $228,800.00 $40.00 $208,000.00 $40.00 $208,000.00626 Asphalt Surface Trench Restoration Ln Ft 183 $65.00 $11,895.00 $70.00 $12,810.00 $85.00 $15,555.00 $140.00 $25,620.00 $70.00 $12,810.00627 Replace Pavement Markings LS 1 $250.00 $250.00 $4,500.00 $4,500.00$5,700.00 $5,700.00 $7,500.00 $7,500.00 $1,500.00 $1,500.00628 Replace Curb and GutterLn Ft 78 $50.00 $3,900.00 $60.00 $4,680.00 $49.00 $3,822.00 $70.00 $5,460.00 $50.00 $3,900.00629 Traffic Control LS 1 $70,000.00 $70,000.00 $30,000.00 $30,000.00 $37,200.00 $37,200.00 $75,000.00 $75,000.00 $70,000.00 $70,000.00Schedule 7 ‐ S Black Ave Sewer Renovations$698,570.00 $543,593.00 $644,807.00 $741,590.00 $831,692.00701 Taxes, Bonding, Insurance LS 1 $43,000.00 $43,000.00 $11,000.00 $11,000.00 $5,000.00 $5,000.00 $20,000.00 $20,000.00 $43,000.00 $43,000.00702 Mobilization LS 1 $62,000.00 $62,000.00 $30,000.00 $30,000.00 $133,200.00 $133,200.00 $60,000.00 $60,000.00 $62,000.00 $62,000.00703 Remove Existing Manhole Ea 8 $1,000.00 $8,000.00 $1,250.00 $10,000.00 $1,100.00 $8,800.00 $4,500.00 $36,000.00 $2,500.00 $20,000.00704 Connect to Existing Sewer Main Ea 3 $2,000.00 $6,000.00 $2,000.00$6,000.00 $3,100.00 $9,300.00 $4,500.00 $13,500.00 $3,500.00 $10,500.00705 8" SDR‐26 PVC Sewer Main Ln Ft 3187 $110.00 $350,570.00 $105.00 $334,635.00 $55.00 $175,285.00 $110.00 $350,570.00 $135.00 $430,245.00706 4' Dia. Basic Manhole 5'‐0" Depth Ea 12 $7,000.00 $84,000.00 $7,000.00 $84,000.00 $6,600.00 $79,200.00 $8,000.00 $96,000.00 $8,500.00 $102,000.00707 4' Dia. Additional Manhole Depth VF 39.2 $225.00 $8,820.00 $400.00 $15,680.00 $910.00 $35,672.00 $450.00 $17,640.00 $300.00 $11,760.00708 4" & 6" Sewer Service Connection Ea 77 $1,200.00 $92,400.00 $500.00 $38,500.00 $2,100.00 $161,700.00 $1,100.00 $84,700.00 $1,400.00 $107,800.00709 4" & 6" Connect to Service Beyond Trench Ln Ft 13 $110.00 $1,430.00 $50.00 $650.00 $120.00 $1,560.00 $100.00 $1,300.00 $135.00 $1,755.00710 Insulate Sewer Main Ln Ft 94 $25.00 $2,350.00 $12.00 $1,128.00 $35.00 $3,290.00 $20.00 $1,880.00 $28.00 $2,632.00711 Bypass Pumping LS 1 $40,000.00 $40,000.00 $12,000.00 $12,000.00 $31,800.00 $31,800.00 $60,000.00 $60,000.00 $40,000.00 $40,000.00Schedule 8 ‐ S Black ‐ Storm Drain$201,940.00 $225,815.00 $240,938.00 $267,345.00 $243,600.00801 Remove Existing Storm Manhole Ea 5 $1,000.00 $5,000.00 $450.00 $2,250.00 $1,100.00 $5,500.00 $2,000.00 $10,000.00 $1,500.00 $7,500.00802 Connect to Existing Manhole Ea 1 $3,000.00 $3,000.00 $2,000.00 $2,000.00 $3,200.00 $3,200.00 $1,250.00 $1,250.00 $3,000.00 $3,000.00803 Connect to Existing Storm Main 10" ‐ 15" Ea 5 $2,000.00 $10,000.00 $1,500.00 $7,500.00 $3,200.00 $16,000.00 $2,000.00 $10,000.00 $2,500.00 $12,500.00
50
804 Connect to Existing Storm Inlet Ea 5 $2,500.00 $12,500.00 $1,500.00 $7,500.00 $3,200.00 $16,000.00 $2,000.00 $10,000.00 $3,000.00 $15,000.00805 Connect to Existing Inlet Pipe 8" ‐ 12" Ea 4 $1,500.00 $6,000.00$1,200.00 $4,800.00 $3,100.00 $12,400.00 $2,000.00 $8,000.00 $2,500.00 $10,000.00806 15" Storm Sewer Main Ln Ft 767 $90.00 $69,030.00 $125.00 $95,875.00 $85.00 $65,195.00 $130.00 $99,710.00 $120.00 $92,040.00807 Storm Drain Inlet Pipe 8" ‐ 12" Ln Ft 193 $90.00 $17,370.00 $110.00 $21,230.00 $73.00 $14,089.00 $95.00 $18,335.00 $110.00 $21,230.00808 36" Standard Storm Drain Inlet Ea 4 $4,000.00 $16,000.00 $5,500.00 $22,000.00 $5,900.00 $23,600.00 $5,000.00 $20,000.00 $4,000.00 $16,000.00809 4' Dia. Basic Manhole 5'0" Depth Ea 7 $7,000.00 $49,000.00 $6,500.00 $45,500.00 $6,700.00 $46,900.00 $8,000.00 $56,000.00 $7,000.00 $49,000.00810 4' Dia. Additional Manhole Depth VF 9.2 $225.00 $2,070.00 $400.00$3,680.00 $920.00 $8,464.00 $450.00 $4,140.00 $300.00 $2,760.00811 Connect to Existing Roof Drain, 4"‐8" Ea 4 $1,200.00 $4,800.00 $2,000.00 $8,000.00 $4,300.00 $17,200.00 $1,500.00 $6,000.00 $1,600.00 $6,400.00812 Roof Drain Pipe, 4" ‐ 8" Ln Ft 13 $90.00 $1,170.00 $60.00 $780.00$130.00 $1,690.00 $70.00 $910.00 $90.00 $1,170.00813 Plug Existing Storm Main Ea 2 $500.00 $1,000.00 $1,000.00 $2,000.00 $3,000.00 $6,000.00 $1,500.00 $3,000.00 $1,000.00 $2,000.00814 Bypass Pumping LS 1 $5,000.00 $5,000.00 $2,700.00 $2,700.00 $4,700.00 $4,700.00 $20,000.00 $20,000.00 $5,000.00 $5,000.00Schedule 9 ‐ S Black Water Improvements$61,475.00 $67,830.00 $58,696.00 $82,600.00 $74,175.00901 6" Water Main Ln Ft 280 $100.00 $28,000.00 $115.00 $32,200.00 $100.00 $28,000.00 $150.00 $42,000.00 $120.00 $33,600.00902 6" Tapping Gate Valve Ea 1 $4,500.00 $4,500.00 $4,000.00 $4,000.00$1,800.00 $1,800.00 $2,500.00 $2,500.00 $6,500.00 $6,500.00903 Service Reconnection w/in trench limits 2" Dia. and SmallEa 8 $1,000.00 $8,000.00 $1,500.00 $12,000.00 $780.00 $6,240.00 $700.00$5,600.00 $1,200.00 $9,600.00904 Service Reconnection outside trench limits Ln Ft 7 $175.00 $1,225.00 $40.00 $280.00 $98.00 $686.00 $100.00 $700.00 $175.00 $1,225.00905 6" M.J. Cap Ea 1 $750.00 $750.00 $650.00 $650.00 $410.00 $410.00 $1,000.00 $1,000.00 $750.00 $750.00906 Blow Off Assembly Ea 1 $1,000.00 $1,000.00 $4,500.00 $4,500.00 $2,700.00 $2,700.00 $5,000.00 $5,000.00 $4,500.00 $4,500.00907 Connect to Existing Water Main Ea 2 $3,000.00 $6,000.00 $2,000.00$4,000.00 $6,000.00 $12,000.00 $5,500.00 $11,000.00 $3,000.00 $6,000.00908 6" M.J. 45‐degree Bend Ea 4 $1,000.00 $4,000.00 $1,250.00 $5,000.00 $490.00 $1,960.00 $1,200.00 $4,800.00 $1,000.00 $4,000.00909 Temporary Water System LS 1 $8,000.00 $8,000.00 $5,200.00 $5,200.00 $4,900.00 $4,900.00 $10,000.00 $10,000.00 $8,000.00 $8,000.00Schedule 10 ‐ S Black Street Restoration$252,150.00 $274,840.00 $330,468.00 $365,940.00 $340,610.001001 Asphalt Surface Restoration Ln Ft 3738 $50.00 $186,900.00 $50.00$186,900.00 $66.00 $246,708.00 $80.00 $299,040.00 $70.00 $261,660.001002 Pavement Markings LS 1 $1,500.00 $1,500.00 $11,000.00 $11,000.00 $14,000.00 $14,000.00 $15,000.00 $15,000.00 $3,000.00 $3,000.001003 Concrete Sidewalk (6" Depth) Sq Ft 100 $16.00 $1,600.00 $25.00 $2,500.00 $24.00 $2,400.00 $20.00 $2,000.00 $20.00 $2,000.001004 Flowable Fill Backfill Ln Ft 118 $100.00 $11,800.00 $330.00 $38,940.00 $170.00 $20,060.00 $250.00 $29,500.00 $200.00 $23,600.001005 Import Backfill Cu Yd 10 $35.00 $350.00 $50.00 $500.00 $390.00 $3,900.00 $40.00 $400.00 $35.00 $350.001006 Traffic Control LS 1 $50,000.00 $50,000.00 $35,000.00 $35,000.00 $43,400.00 $43,400.00 $20,000.00 $20,000.00 $50,000.00 $50,000.00Schedule 11 ‐ N 8th Ave General$181,500.00 $33,500.00 $82,700.00 $156,500.00 $194,500.001101 Mobilization, Taxes, Bonding, Insurance LS 1 $36,500.00 $36,500.00 $15,000.00 $15,000.00 $61,700.00 $61,700.00 $45,000.00 $45,000.00$36,500.00 $36,500.001102 Traffic Control & Permits LS 1 $35,000.00 $35,000.00 $14,000.00 $14,000.00 $9,900.00 $9,900.00 $60,000.00 $60,000.00 $48,000.00 $48,000.001103 SWPPP & BMPs LS 1 $25,000.00 $25,000.00 $4,500.00 $4,500.00 $2,900.00 $2,900.00 $6,500.00 $6,500.00 $25,000.00 $25,000.001104 Construction Dewatering LS 1 $50,000.00 $50,000.00 $0.00 $0.00 $4,700.00 $4,700.00 $25,000.00 $25,000.00 $50,000.00 $50,000.001105 Locate and Protect Public and Private Utilities LS 1 $35,000.00 $35,000.00 $0.00 $0.00 $3,500.00 $3,500.00 $20,000.00 $20,000.00 $35,000.00 $35,000.00Schedule 12 ‐ N 8th Sewer Renovations$221,625.00 $129,030.00 $125,187.00 $175,615.00 $232,910.001201 12" PVC, SDR 35 Pipe Ln Ft 10 $150.00 $1,500.00 $245.00 $2,450.00$75.00 $750.00 $130.00 $1,300.00 $150.00 $1,500.001202 8" PVC, SDR 35 Pipe Ln Ft 600 $125.00 $75,000.00 $92.00 $55,200.00 $51.00 $30,600.00 $120.00 $72,000.00 $135.00 $81,000.001203 8" PVC, SDR 35 Sewer Pipe w/ Flow Fill Ln Ft 30 $175.00 $5,250.00 $580.00 $17,400.00 $510.00 $15,300.00 $440.00 $13,200.00 $375.00 $11,250.001204 4" PVC, SDR 26 Sewer Service Pipe Ln Ft 60 $110.00 $6,600.00 $55.00 $3,300.00 $72.00 $4,320.00 $60.00 $3,600.00 $135.00 $8,100.001205 4" Sewer Wyes Ea 12 $350.00 $4,200.00 $350.00 $4,200.00 $240.00 $2,880.00 $300.00 $3,600.00 $350.00 $4,200.001206 12" Solid Sleeve AdapterEa 2 $2,000.00 $4,000.00 $875.00 $1,750.00 $3,100.00 $6,200.00 $1,000.00 $2,000.00 $2,000.00 $4,000.001207 Sewer Service Connection Ea 13 $1,300.00 $16,900.00 $575.00 $7,475.00 $1,300.00 $16,900.00 $1,000.00 $13,000.00 $1,300.00 $16,900.001208 4' Dia. Manhole (5‐ft Depth) Ea 3 $8,500.00 $25,500.00 $7,000.00$21,000.00 $6,600.00 $19,800.00 $8,000.00 $24,000.00 $8,500.00 $25,500.001209 4' Dia. Manhole, Additional Vert. Depth VF 15.7 $250.00 $3,925.00 $400.00 $6,280.00 $910.00 $14,287.00 $450.00 $7,065.00 $300.00 $4,710.001210 Bypass Pumping LS 1 $65,000.00 $65,000.00 $2,600.00 $2,600.00 $4,700.00 $4,700.00 $25,000.00 $25,000.00 $65,000.00 $65,000.001211 Flowable Fill ‐ Additional Cu Yd 15 $250.00 $3,750.00 $225.00 $3,375.00 $230.00 $3,450.00 $190.00 $2,850.00 $250.00 $3,750.001212 Connect to Existing Sewer Ea 2 $5,000.00 $10,000.00 $2,000.00 $4,000.00 $3,000.00 $6,000.00 $4,000.00 $8,000.00 $3,500.00 $7,000.00Schedule 13 ‐ N 8th Water Renovations$101,720.00 $91,635.00 $93,775.00 $100,360.00 $105,195.001301 Connect to Existing Water Ea 2 $5,000.00 $10,000.00 $2,000.00 $4,000.00 $5,300.00 $10,600.00 $5,000.00 $10,000.00 $5,000.00 $10,000.001302 8" D.I. Class 51 Water Pipe Ln Ft 307 $135.00 $41,445.00 $115.00 $35,305.00 $150.00 $46,050.00 $150.00 $46,050.00 $135.00 $41,445.001303 6" D.I. Class 51 Water Pipe Ln Ft 39 $125.00 $4,875.00 $120.00 $4,680.00 $140.00 $5,460.00 $140.00 $5,460.00 $125.00 $4,875.001304 4" D.I. Class 51 Water Pipe Ln Ft 20 $125.00 $2,500.00 $165.00 $3,300.00 $190.00 $3,800.00 $190.00 $3,800.00 $125.00 $2,500.001305 Water Service Connection Ea 7 $1,300.00 $9,100.00 $1,500.00 $10,500.00 $850.00 $5,950.00 $750.00 $5,250.00 $1,300.00 $9,100.001306 3/4" Type K Copper Water Service Pipe Ln Ft 25 $100.00 $2,500.00 $90.00 $2,250.00 $65.00 $1,625.00 $70.00 $1,750.00 $175.00 $4,375.001307 8"x4" MJ Tee Ea 1 $1,500.00 $1,500.00 $2,250.00 $2,250.00 $740.00 $740.00 $1,500.00 $1,500.00 $1,500.00 $1,500.001308 8"x6" MJ Tee Ea 2 $1,500.00 $3,000.00 $2,250.00 $4,500.00 $900.00 $1,800.00 $1,700.00 $3,400.00 $1,500.00 $3,000.001309 8" Gate Valve w/ V.B. Ea 1 $4,800.00 $4,800.00 $4,500.00 $4,500.00 $2,500.00 $2,500.00 $3,500.00 $3,500.00 $4,800.00 $4,800.001310 6" Gate Valve w/ V.B. Ea 1 $3,500.00 $3,500.00 $3,500.00 $3,500.00 $1,800.00 $1,800.00 $2,750.00 $2,750.00 $4,600.00 $4,600.001311 4" Gate Valve w/ V.B. Ea 1 $3,000.00 $3,000.00 $3,250.00 $3,250.00 $1,600.00 $1,600.00 $2,500.00 $2,500.00 $3,500.00 $3,500.001312 8"x6" MJ Reducer Ea 1 $1,500.00 $1,500.00 $850.00 $850.00 $550.00 $550.00 $1,250.00 $1,250.00 $1,500.00 $1,500.001313 Fire Hydrant Assembly 7.0' Bury Ea 1 $9,500.00 $9,500.00 $9,500.00 $9,500.00 $8,400.00 $8,400.00 $10,000.00 $10,000.00 $9,500.00 $9,500.001314 Flowable Fill ‐ Additional Cu Yd 10 $250.00 $2,500.00 $225.00 $2,250.00 $230.00 $2,300.00 $190.00 $1,900.00 $250.00 $2,500.001315 Ductile Iron Solid Sleeve Ea 1 $2,000.00 $2,000.00 $1,000.00 $1,000.00 $600.00 $600.00 $1,250.00 $1,250.00 $2,000.00 $2,000.00Schedule 14 ‐ N 8th Street Restoration$165,213.00 $119,042.50 $96,435.00 $167,831.00 $128,281.001401 Remove and Patch Asphalt (4" Thick) Sq Yd 24 $125.00 $3,000.00 $87.00 $2,088.00 $37.00 $888.00 $170.00 $4,080.00 $125.00 $3,000.001402 Remove and Patch Asphalt (3" Thick) Sq Yd 1093 $115.00 $125,695.00 $32.50 $35,522.50 $34.00 $37,162.00 $100.00 $109,300.00 $70.00 $76,510.001403 1.5" Minus Crushed base Course (6" Thick) Sq Yd 1117 $10.00 $11,170.00 $18.50 $20,664.50 $18.00 $20,106.00 $8.00 $8,936.00 $12.00 $13,404.001404 3" Minus Subbase Course (18" Thick) Sq Yd 1117 $14.00 $15,638.00 $37.50 $41,887.50 $25.00 $27,925.00 $25.00 $27,925.00 $21.00 $23,457.001405 Remove and Replace Curb and GutterLn Ft 40 $51.00 $2,040.00 $60.00 $2,400.00 $55.00 $2,200.00 $70.00 $2,800.00 $50.00 $2,000.001406 Remove and Replace SidewalkSq Ft 200 $15.00 $3,000.00 $20.00 $4,000.00 $25.00 $5,000.00 $20.00 $4,000.00 $20.00 $4,000.001407 Repair Landscaping LS 1 $2,500.00 $2,500.00 $10,000.00 $10,000.00$550.00 $550.00 $8,000.00 $8,000.00 $2,500.00 $2,500.001408 Thermoplastic Pavement Markings Sq Ft 62 $35.00 $2,170.00 $40.00$2,480.00 $42.00 $2,604.00 $45.00 $2,790.00 $55.00 $3,410.00Base Bid Total:$4,553,990.90 $4,288,769.50 $4,618,274.50 $5,093,220.00 $5,200,225.8051
Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer II
Shawn Kohtz, Director of Utilities
SUBJECT:Authorize the City Manager to Sign a Notice of Award and Contract
Documents, Once Received, to 4050 Development, LLC for Construction of
the 2024 Evergreen Drive Sewer Replacement Project
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Notice of Award and Contract
Documents, once received, to 4050 Development, LLC for construction of
the 2024 Evergreen Drive Sewer Replacement Project
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:
Attached is a copy of the Notice of Award for the above referenced project.
The project generally involves: replacing a section of trunk sewer main
adjacent to Evergreen Drive.
Bids for the above-referenced project were opened on May 10 th with 7 bids
being submitted. The low bid was submitted by 4050 Development, LLC in
the amount of $123,984.00 for the base bid plus miscellaneous work. The
Bid Tabulation for the project is also attached. The City's consultant
engineer, Dowl, evaluated the bids and made a recommendation to the City
to award the contract to 4050 Development as described in the attached
letter.
The contract is to be completed within 30 calendar days of the issuance of
the notice to proceed.
UNRESOLVED ISSUES:None
ALTERNATIVES:Disapprove
FISCAL EFFECTS:This project will be paid for with approved funding from the annual
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wastewater pipe replacement fund (WW08) and a grant from the American
Rescue Plan Act of 2021.
Attachments:
Notice of Award.pdf
Bid Sheet - Evergreen Drive Sanitary Sewer.pdf
Award Recommendation Letter.pdf
Report compiled on: May 20, 2024
53
NOTICE OF AWARD Sec 00440 - 1
DIVISION 1 – GENERAL REQUIREMENTS
SECTION 00440 – NOTICE OF AWARD
NOTICE OF AWARD
Dated: __________________
TO: 4050 Development
ADDRESS: 32 Mountain View Rd. Unit 38 Ennis, MT 59729
PROJECT: Evergreen Drive Sanitary Sewer
CONTRACT FOR: City of Bozeman – Evergreen Drive Sanitary Sewer
You are notified that your Bid opened on May 10, 2024, for the above Contract has been considered. You are the
apparent Successful Bidder and have been awarded a Contract for the: City of Bozeman – Evergreen Drive Sanitary
Sewer. The Contract Price of your Contract is: one-hundred and twenty-three thousand, nine-hundred and eighty-
four dollars ($123,984.00).
You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award,
that is, by _______________.
1. You must deliver with the Contract Security (Bonds) as specified in the Instruction to Bidders (Article 20),
and the General Conditions (paragraph 5.01).
2. You must deliver with the executed Agreement the Certificates of Insurance as specified in the General
Conditions (Article 5) and Supplementary Conditions (paragraphs SC-5.04 and SC-5.06).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,
to annul this Notice of Award, and to declare your Bid Security forfeited.
Within ten (10) days after you comply with these conditions, OWNER will route the documents via “DocuSign” for
final signature of the Agreement form and provide a fully-executed copy of the Contract Documents.
CITY OF BOZEMAN, MONTANA ATTEST:
BY: __________________________________ BY: ____________________________
(CITY MANAGER)
(CITY CLERK)
DATE: _______________________________
54
Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total:
Omdahl Excavation & Utilities 37068 Yes Yes $150,420.00
7F Services LLC 274243 Yes Yes $169,947.46
Rocky Mountain Concrete 11708 Yes Yes $145,374.00
Mystic Mountain Construction LLC 271169 Yes Yes $143,635.60
4050 Development 265916 Yes Yes $123,984.00
Reveal Excavation 162608 Yes Yes $165,847.33
Mike Coleman Construction, Inc.151700 Yes Yes $228,248.20
Mike Maas Jenny Connelley
City Clerk Engineer
Bid Check:Delivered to Finance:Accepted By:Date:
Bid - Evergreen Drive Sanitary Sewer
These bids were opened and read before the undersigned at 2:00 pm on Friday, May 10, 2024.
DocuSign Envelope ID: A93380BB-195B-4539-8398-19E0F3E34272
55246
406-586-8834 ■ 800-865-9847 (fax) ■ 2090 Stadium Drive.; Ste. 101 ■ Bozeman, Montana 59715 ■ www.dowl.com
May 20, 2024
Mr. Kellen Gamradt
City of Bozeman
P.O. Box 1230
Bozeman, MT 59771
Subject: 2024 Evergreen Drive Sanitary Sewer – Recommendation for Award of
Construction Contract
4528.12477.01
Dear Mr. Gamradt:
Pursuant to the bid opening for this project on May 10, 2024, we have completed a review of the
low bidder to verify the bid is both responsive and responsible. The low bidder is 4050
Development from Ennis, Montana. Based on the required bid submittal requirements, 4050
Development has submitted the required information with their bid to meet the requirements of a
responsive bid. The results of the seven bids received are summarized in the following Table 1.
Table 1: Evergreen Drive Sanitary Sewer Bid Results Summary
Bidder Bid Amount
Engineer’s Estimate $124,362.00
4050 Development $123,984.00
Mystic Mountain Construction LLC $143,635.60
Rocky Mountain Concrete $145,374.00
Omdahl Excavation and Utilities $150,420.00
Reveal Excavation $165,847.33
7F Services LLC $169,947.46
Mike Coleman Construction, Inc. $228,248.20
Reference Project/Owner Checks:
Upon request, 4050 provided a list of reference projects. Summaries of selected projects are
provided as follows:
Town of Ennis, MT: DOWL discussed the development of the North Forty Subdivision, in
which 4050 was the primary developer and constructor. Work included the installation of
8” water mains, 2” sewer force mains, and lift stations. A project representative stated
that there were no major quality issues and no problems with claims and or change
orders.
Town of Ennis, MT: DOWL spoke with the Ennis Public Works Department, who has
worked with 4050 Development on several projects including:
- The replacement of 12 water valves in downtown Ennis.
- A sewer main replacement project.
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- Installation of new fire hydrants.
4050 Development is also the primary emergency maintenance contact for Ennis water
and sewer.
Town of Livingston, MT: DOWL spoke with the engineer on a development project in
progress in Livingston. Work completed included the installation of new water and sewer
connections. The performance and quality has been acceptable to date for this project.
Lastly, we received a notice of good standing from the banking reference they provided.
Based upon this review, 4050 Development meets the requirements as the lowest responsive
and responsible bidder. We recommend award of the City of Bozeman Evergreen Drive
Sanitary Sewer Project to 4050 Development. Please find attached the Notice of Award for
execution and let us know if you have any questions.
Sincerely,
DOWL
Kevin R. Johnson, PE, BCEE
Project Manager
Encl: Notice of Award
57
Memorandum
REPORT TO:City Commission
FROM:Josh Waldo, Fire Chief
SUBJECT:Authorize the City Manager to Sign a Fiscal Year 2025 Montana State
University (MSU) Fire Service Agreement
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Authorize the City Manager to Sign a Fiscal Year 2025 Montana State
University (MSU) Fire Service Agreement
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:Since 1984, Montana State University has provided support for firefighting
personnel, operations and maintenance, and small equipment purchases at
Fire Station 2. This support is in exchange for fire safety services that benefit
MSU, as described in Section 2 of the agreement. This agreement is in
accordance with MCA 7-11-101 “Inter-local Cooperation Act”. The
agreement is updated annually to reflect current personnel and operational
costs.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by Commission
FISCAL EFFECTS:The general fund will receive a payment of $285,195.62 from MSU in
November 2024.
Attachments:
MSU - City of Bozeman Fire Dept Agreement FY 25.pdf
Report compiled on: May 10, 2024
58
THIS INTERLOCAL AGREEMENT is made and entered into this _____ of _____,
2024 by and between MONTANA STATE UNIVERSITY, Bozeman, Montana, hereinafter
referred to as "MSU" and the CITY OF BOZEMAN, Bozeman, Montana, hereinafter referred to
as "CITY".
WHEREAS, in accordance with the previously accepted recommendations, it is in the
interest and the intent of MSU to provide support for the employment of additional CITY
firefighting personnel so that Fire Station No. 2 can be operated on a full-time basis which will
enhance the level of fire safety for MSU; and
WHEREAS, Section 7-11-101 et seq., MCA provides that one or more public entities
may agree to participate in the provision of any service;
NOW, THEREFORE, the Parties agree as follows:
1. Purpose. The purpose of this agreement is to provide safety protection services in
the area served by Fire Station No. 2.
2. Duration. The term of this agreement shall be from July 1, 2024 through June 30,
2025. This agreement shall expire on June 30, 2025, unless extended by mutual
written agreement of the parties. This agreement may be extended by the mutual
consent of both parties for one (1) year at a time.
3. Safety Services. The CITY will continue to employ sufficient personnel to operate
Station No.2 in such a manner as to provide service to its first call area on a full-time
basis.
Personnel at Station No. 2 will:
a. Provide fire protection, emergency medical, and hazardous materials
response services;
b. Upon reasonable request of MSU, provide International Fire Code inspections
and other fire prevention activities, including staff training, escape routes,
drill procedures, facility and equipment recommendations, facility pre-
planning tours and similar activities on campus; and
c. Prior to the fall opening of the MSU Residence Halls, cooperate with MSU
personnel in the annual Fire Safety and Evacuation Training Seminar for all
residence life personnel.
4. Payment. During the term of this agreement, MSU and the City shall contribute
equally to the cost of wages, benefits and retirement contributions for those
personnel operating Station No. 2, as well as toward the costs of utilities and capital
improvements, as set forth in Exhibit A, attached hereto and incorporated herein by
reference. Payment for MSU's FY 2025 contribution in the amount of
$285,195.62 shall be paid to the City of Bozeman by November 30, 2024
59
5. Renewal. To accommodate a timely renewal of this agreement, on or before April 1,
2025, the CITY shall submit to MSU a Fiscal Year 2025 OPERATIONS COST
PROPOSAL for Station No. 2.
6. Termination. The parties may terminate this agreement prior to its June 30, 2025
expiration by mutual agreement in writing.
7. Indemnification. Montana State University agrees to indemnify, hold harmless and
defend the CITY and its officers, agents and employees against any and all actions,
suits, claims, demands, costs, judgments, expenses (including reasonable attorney's
fees), and liability of any character whatsoever brought or asserted by a person,
persons, property, business or any other entity, arising out of or resulting from or in
connection with the performance of this agreement, provided however, that such
claims, damages, losses and expenses are caused by the negligent acts, intentional
tortious acts, errors or omissions of MSU, its employees, agents, or assigns.
8. Separate Legal Entity; Administration. There shall be no separate legal entity
created as a consequence of this agreement. Administration of this agreement will
be the responsibility of the Bozeman Fire Department.
9. Property. This agreement does not contemplate the acquisition of real or personal
property.
10. Headings. The section headings contained herein are for convenience and
reference and are not intended to define or limit the scope of any provision of this
agreement.
11. Entire Agreement. This agreement constitutes the entire agreement between the
parties. No alterations, modification or additions to this agreement shall be binding
unless reduced to writing and signed by the parties. No covenant, term or addition to
this agreement shall be deemed waived by either party unless such waiver shall be
reduced to writing and signed by the parties.
12. Amendments. The terms and conditions of this agreement may not be modified or
amended except by an instrument in writing executed by each of the parties hereto.
No oral modification shall be enforceable.
13. Severability. If any portion of this agreement is declared invalid, it is the parties'
intent that the remaining portions of the agreement be given effect without the invalid
portion, so long as the intent and the payment for services under the agreement are
not thereby affected.
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14. Recordation. MSU shall file this agreement with the Gallatin County Clerk and Recorder
and the Montana Secretary of State as required by M.C.A. 7-11-07. Costs of recording
shall be the responsibility of MSU.
IN WITNESS WHEREOF, the parties have entered into this agreement on the date
first above written. _____________________________________ John How,
Associate Vice President, Facilities
Management
Montana State University
Date____________________
______________________________________
Chuck Winn,
Interim City Manager
City of Bozeman Date ___________________
61
EXHIBIT A
FY 2025 COST OF SERVICES
1. Wages, Benefits and Retirement
Personnel base salary/month
Battalion Chief
Captain
First Class
Confirmed
(Average monthly base salary: $8,198.42)
Total annual base salary ($8,254.17 x 4 firefighters x 12
months): Benefits, Retirement contribution, Health Insurance
(29%)
Subtotal cost of wages, retirement, and benefits:
$ 11,135.90
$ 8,759.76
$ 6,854.86
$ 6,043.15
$393,524.16
$ 114,122.00
$507,646.16
2. Building I Capital Costs
Building Maintenance
Utilities, Phones, Data, Radios, Mobile Data Terminals
Subtotal Building I Capital
$ 30,458.77
SUBTOTAL (wages and building/capital)
6% administrative fee
$538,104.93
$32,286.30
GRAND TOTAL $570,391.23
MSU's 50% share:
$285,195.62
62
63
Memorandum
REPORT TO:City Commission
FROM:Max Ziegler, Assistant Superintendent of Facilities
Jon Henderson, Director of Strategic Services
SUBJECT:Authorize the City Manager to Sign an Architectural Services Agreement with
SMA Architecture and Design for Fire Egress Route Mapping
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Sign an Architectural Services Agreement with SMA Architecture + Design for
Fire Egress Route Mapping
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:Recent fire safety inspections performed on City facilities have identified the
need for fire egress route maps to be placed in buildings for guiding
occupants to the nearest exit in the case of an emergency. In order to
develop these maps, a professional architect is required to analyze required
locations for egress maps as well as designing optimal egress routes. This
agreement will provide egress route mapping for the following buildings:
Bozeman Public Library, Bozeman Public Safety Center, Bozeman City Hall,
Bozeman Senior Center, Stiff Professional Building.
SMA Architecture + Design was selected for this work based upon their
professional qualifications as an Architect submitted on previous projects as
well as their prior performance in design work on City of Bozeman facilities.
This contract will include reviewing and analyzing as-built construction
documents, creating digitized floorplans formatted for use in evacuation
plans, identifying egress map posting locations, and developing and mapping
optimal egress routes from the identified posting locations. All design and
deliverables will be formatted according to requirements provided by the
Bozeman Fire Department. Deliverables will egress maps in digital PDF
format suitable for printing on signs which will be produced from these
deliverables. Sign printing and installation is not included in this contract.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by City Commission
64
FISCAL EFFECTS:This agreement will incur a lump sum cost of $13,788 to be paid from the
Facilities Division operating budgets.
Attachments:
Architectural Services Agreement - SMA - Fire Egress Maps -
Compiled.pdf
Report compiled on: May 16, 2024
65
Professional Services Agreement for Architectural Services
Page 1 of 8
PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 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, SMA Architecture + Design, 428 E. Mendenhall St.,
Bozeman, MT 59715, hereinafter referred to as “Consultant” or “Architect.” The City and Architect
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 hire Consultant as an independent 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. Effective Date: This Agreement is effective upon the Effective Date and will expire
on the 31st day of December 2025, unless earlier terminated in accordance with this Agreement.
3. Scope of Work: Consultant will perform the work and provide the services in
accordance with the requirements of the Scope of Services attached hereto. For conflicts between
this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement
governs.
4. Payment: City agrees to pay Architect Thirteen Thousand, Seven-Hundred and
Eighty-Eight Dollars ($13,788.00) for services performed pursuant to the Scope of Services. In
addition, production of reproducible record drawings will be billed at the hourly rate, not to exceed
amount specified in Exhibit A. Any alteration or deviation from the described work that involves
additional costs above the Agreement amount will be performed by Architect after written request by
the City, and will become an additional charge over and above the contract amount. The parties must
agree in writing upon any additional charges.
5. Consultant’s Representations:
To induce City to enter into this Agreement, Architect makes the following representations:
a. Architect 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, growth policies,
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Professional Services Agreement for Architectural Services
Page 2 of 8
adopted plans of the City, ordinances, rules, and regulations that in any manner may affect cost,
progress or performance of the Scope of Services.
b. Architect 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: The parties agree that Architect is an independent
contractor for purposes of this Agreement and is not to be considered an employee of the City for any
purpose. Architect 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.
Architect is not authorized to represent the City or otherwise bind the City in any dealings between
Architect and any third parties.
Architect 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. Architect shall maintain workers’ compensation coverage for
all members and employees of Architect’s business, except for those members who are exempted by
law.
Architect 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.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold the
City, its agents, representatives, employees, and officers (collectively referred to for purposes of this
Section as the City) harmless against claims, demands, suits, damages, losses, and expenses connected
therewith that may be asserted or claimed against, recovered from or suffered by the City by reason
of any injury or loss, including but not limited to, personal injury, including bodily injury or death,
property damage, occasioned by, growing out of, or in any way arising or resulting from any
intentional or negligent act on the part of Architect or Architect’s agents or employees.
For the professional services rendered, to the fullest extent permitted by law, Architect 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 Architect or Architect’s agents or employees.
Architect also waives any and all claims and recourse against the City, including the right of
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Professional Services Agreement for Architectural Services
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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.
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 City be required to bring an action
against the Architect to assert its right to defense or indemnification under this Agreement or under
the Architect’s applicable insurance policies required below 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 Architect was obligated to defend the claim(s) or
was obligated to indemnify the City for a claim(s) or any portion(s) thereof.
The obligations of this Section shall survive termination of this Agreement and the services
performed hereunder.
In addition to and independent from the above, Architect shall secure insurance coverage
acceptable to the City and furnish to the City an accompanying certificate of insurance issued by a
company authorized to do business in the State of Montana 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; $2,000,000 annual
aggregate
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
The City of Bozeman shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The insurance
and required endorsements must be in a form suitable to City and shall include no less than a thirty
(30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and
endorsements prior to the Architect commencing work.
8. Professional Service: Architect agrees that all services and work performed
hereunder will be accomplished in a professional manner.
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Professional Services Agreement for Architectural Services
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9. Compliance with Laws: Architect agrees to comply with all federal, state and local
laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the
Montana Safety Act in Title 50, Chapter 71, MCA. Architect agrees to purchase a City business
license.
10. Nondiscrimination and Equal Pay: The Architect agrees that all hiring by Architect
of persons performing this Agreement shall be on the basis of merit and qualifications. The Architect
will have a policy to provide equal employment opportunity in accordance with all applicable state
and federal anti-discrimination laws, regulations, and contracts. The Architect will not refuse
employment to a person, bar a person from employment, or discriminate against a person in
compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, 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 Architect shall be
subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Architect 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).
Architect must report to the City any violations of the Montana Equal Pay Act that Architect has been
found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Architect shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
11. Default and Termination: If either Party fails to comply with any condition of this
Agreement at the time or in the manner provided for, the other Party, at its option, may terminate this
Agreement and be released from all obligations if the default is not cured within ten (10) days after
written notice is provided to the defaulting Party. Said notice shall set forth the items to be cured.
Additionally, the non-defaulting Party may bring suit for damages, specific performance, and any
other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy
does not preclude use of the others. Notices shall be provided in writing and hand-delivered or mailed
to the Parties at the addresses set forth in the first paragraph of this Agreement.
12. Modification and Assignability: This document contains the entire agreement
between the parties and no statements, promises or inducements made by either party or agents of
either party, which are not contained in this written Agreement, may be considered valid or binding.
This Agreement may not be enlarged, modified or altered except by written agreement signed by both
parties hereto. The Architect may not subcontract or assign Architect’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.
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Professional Services Agreement for Architectural Services
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13. Ownership and Publication of Materials: All reports, information, data, and other
materials prepared by the Architect pursuant to this Agreement, except those separately identified in
the Scope of Services or in other written agreements between the parties, are jointly owned by the
Architect and the City. The City has authority to release, publish or otherwise use, in whole or part,
reports, information, data and other materials prepared by Architect pursuant to this Agreement,
except those separately identified in the Scope of Services or in other written agreements between the
parties. Any re-use without written verification or adaptation by the Architect for the specific purpose
intended will be at the City’s sole risk and without liability or legal exposure to the Architect. No
material produced in whole or in part under this Agreement may be copyrighted or patented in the
United States or in any other country without the prior written approval of the City.
14. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Max Ziegler, Facilities Assistant Superintendent, 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, Architect 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. Architect’s Representative: The Architect’s Representative for the purpose
of this Agreement shall be Charley Franklin, Principal Architect, or such other individual as
Architect shall designate in writing. Whenever direction to or communication with Architect
is required by this Agreement, such direction or communication shall be directed to
Architect’s Representative; provided, however, that in exigent circumstances when
Architect’s Representative is not available, City may direct its direction or communication to
other designated Architect 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.
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Professional Services Agreement for Architectural Services
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15. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
16. Reports/Accountability/Public Information: Architect agrees to develop and/or
provide documentation as requested by the City demonstrating Architect’s compliance with the
requirements of this Agreement. Architect 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 Architect pursuant to this Agreement was used in compliance
with this Agreement and all applicable provisions of federal, state, and local law. The Architect shall
not issue any statements, releases or information for public dissemination without prior approval of
the City.
17. 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.
18. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
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
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Professional Services Agreement for Architectural Services
Page 7 of 8
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. 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.
29. 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.
30. 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 five years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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Professional Services Agreement for Architectural Services
Page 8 of 8
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
ARCHITECT (Type Name Above)
By________________________________ By__________________________________
City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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EXHIBIT A
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COB EVAC PLANS
Proposal for Architectural & Engineering Services for
CITY OF BOZEMAN EVACUATION PLANS
10 MAY 2024
SMA ARCHITECTURE AND DESIGN
428 E. MENDENHALL, BOZEMAN, MT
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2024-05-10
MAX ZIEGLER
ASSISTANT SUPERINTENDANT
CITY OF BOZEMAN FACILITIES
20 EAST OLIVE, BOZEMAN, MT
Re: Proposal for Design Services of CITY OF BOZEMAN EVACUATION PLANS
Dear Mr. Ziegler
Thank you again for the opportunity to partner with the City of Bozeman for your project. Our team is excited to be a
part of your vision, and we look forward to working with you! The following proposal is our interpretation of the
Assumptions, Scope of Services, and the related fee, as communicated to us through Mike Gray. If you have any
questions or concerns, please reach out and we will update this proposal as necessary.
ASSUMPTIONS
As we have previously discussed with Mike, below are our Assumptions about the anticipated Services:
· Produce Evacuation Plans for 5 City of Bozeman facilities. The buildings included are:
o Bozeman Public Library
o Bozeman Public Safety Center
o Bozeman City Hall
o Bozeman Senior Center
o Stiff Professional Building
· Evacuation Plans to follow the format as described in Attachment #1 per City of Bozeman Fire Department.
· Evacuation Plan production will require site visits to all the buildings to be coordinated with The City of
Bozeman Staff.
· Evacuation Plans will be delivered to The City of Bozeman in PDF format.
o No printing, coordination with a sign company, procurement of signs or installation of signs is
included in this proposal.
SCOPE OF SERVICES
· Scope of Design Services will include:
o Processing of existing digital floor plans for each building into consistent graphic format for use as
Evacuation Plans.
o One Site Visit to each building to verify locations of Fire Extinguishers and Fire Alarm Pull Stations.
o Digital processing to include symbols and evacuation routes on each floor plan as required by the
Bozeman Fire Department.
o One Review of Draft Plans by City of Bozeman.
o Delivery of final Evacuation Plans to City of Bozeman in PDF (or other as negotiated) digital format.
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FEE BREAKDOWN
Based on the above assumptions, we feel we can complete these design services for a fee of $13,788 We have not included an
estimate for reimbursable expenses, which are expensed outside of our design services fee, however we anticipate this cost to
be minimal or nothing at all. See breakdown below.
This document is an offer of Design Services. If you find this proposal acceptable, please let us know and we will
proceed with preparing a formal Agreement for your review and execution.
Thank you once again for the opportunity to work with you and your team on this project. Please let us know if you
have any questions.
PRINCIPAL SIGNATURE
Sincerely,
Charley Franklin, AIA, NCARB
Principal SMA Architecture + Design
Director - Bozeman
ATTACHMENTS
Attachment 01 – SMA Architecture and Design Hourly Billing Rates
Attachment 02 – City of Bozeman Fire Department Evacuation Plan Requirements
Building Name Number of Signs Required Total Hours Est. Fee Per Building
Bozeman Public Library 12 24 2,544.00$
Bozeman Public Safety Center 23 38 3,790.00$
Bozeman City Hall 8 20 2,188.00$
Bozeman Senior Center 14 28 2,722.00$
Stiff Professional Building 12 24 2,544.00$
TOTAL FEE 13,788.00$
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Principal II $220.00Principal I $191.00Architect III $162.00
Architect II $131.00Project Manager III $162.00Project Manager II $131.00Architect I $109.00Interior Designer III $155.00Interior Designer II $131.00Interior Designer I $101.00CAD/BIM II $105.00CAD/BIM I $84.00
Intern Architect/Designer $89.00Construction Manager $119.00Marketing Coordinator $107.00Admin II $79.00Admin I $70.00Expenses ACTUAL
SMA Architecture + Design - Reimbursable Expenses
Copies + Printing (Bond Paper) Cost/Page or Sheet
8 1/2" x 11" $0.11 8 1/2" x 11" (color) $0.17 11" x 17" $0.22 11" x 17" (color) $0.28
12" x 18" $0.33 12" x 18" (color) $0.39 24" x 36" (in house) $2.75 30" x 42" (in house) $3.30 24" x 36" (outside) actual cost 30" x 42" (outside) actual cost 24" x 36" glossy/mounted $38.50
Copies + Printing (Mylar) Cost/Page or Sheet
24" x 36" (in house) $6.60 30" x 42" (in house) $11.00 24" x 36" (outside) actual cost 30" x 42" (outside) actual cost
Specifications actual costMileage Current Federal Mileage RateLodging actual costMeals actual costShipping actual costOther project expenses actual cost
SMA Architecture + Design
**Rates are subject to change yearly with client approval -- 2024
SMA Architecture + Design - Architectural Hourly Billing Rates
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Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer II
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Construction Agreement for the 2024
Sidewalk Grinding Project with Precision Concrete Cutting, Inc
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Construction Agreement for the 2024
Sidewalk Grinding Project, with Precision Concrete Cutting, Inc., for the
purpose of removing trip hazards from City sidewalks.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:
Over time, public sidewalks can become uneven, creating trip hazards for
pedestrians traveling within City right-of-way. Generally, sidewalk
maintenance is the adjacent property owner’s responsibility; however, there
are certain instances where sidewalk maintenance responsibility falls on the
City. To address these circumstances, the City sets aside a small annual
budget for sidewalk grinding to remove trip hazards.
Bids for the above-referenced project were opened on May 16, 2024 with 2
bids being submitted. The low bid was submitted by Precision Concrete
Cutting, Inc. in the amount of $24,750.00 for the base bid schedule 1 work.
The Bid Tabulation for the project is attached. This bid is commensurate
with the work involved. Executed contract documents will be available
online and retained in the City Clerk’s office.
UNRESOLVED ISSUES:None
ALTERNATIVES:
Disapprove
FISCAL EFFECTS:
This project will be paid for with funding from the City's Street Maintenance
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Fund and is an operating expense, not a capital expenditure. The project
coding is: 111 4110 433 50 40 (High Hazard Sidewalk Repair). The total
cost of the project is $24,750.
Attachments:
BidWorksheet.pdf
CONSTRUCTION AGREEMENT.pdf
Report compiled on: May 16, 2024
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2024 Sidewalk Grinding Project (#9098405)Owner: Bozeman MT, City ofSolicitor: Bozeman MT, City of05/16/2024 02:00 PM MDTEngineer Estimate Precision Concrete CuttingGregori Construction Inc.Section Tit Line Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price ExtensionSchedule 1$24,500.00 $24,750.00 $46,200.00101 101 Taxes, Bonding, Insurance LS 1 $1,500.00 $1,500.00 $0.00 $0.00 $1,000.00 $1,000.00102 102 Mobilization LS 1 $500.00 $500.00 $0.00 $0.00 $1,100.00 $1,100.00103 103 Sidewalk Grinding in‐ft 450 $50.00 $22,500.00 $55.00 $24,750.00$98.00 $44,100.00Base Bid Total:$24,500.00 $24,750.00 $46,200.00
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CONTRACT AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 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, PRECISION CONCRETE
CUTTING, INC hereinafter referred to as “Contractor.” The City and Contractor may be referred
to individually as “Party” and collectively as “Parties.”
In consideration of the covenants, agreements, representations, and warranties contained
herein, the parties agree as follows:
1. Work to be Performed: Removing trip hazards on public sidewalk caused by
boulevard tree roots. Contractor shall furnish all the labor, materials, equipment, tools, and services
necessary to perform and complete the Work.
2. Contract Documents: The Contract Documents which comprise the entire
agreement between the City and Contractor as attached to or referenced in this Agreement, are
made a part hereof by this reference and consist of the following:
a. This Agreement.
b. Proof of Insurance and Performance and Payment Bonds.
c. Montana Public Works Standard Specifications, 7th Edition (MPWSS), and as
further amended by the City of Bozeman Modifications to MPWSS.
d. Contract drawings
e. Contract Specifications
f. Notice to Proceed.
There are no Contract Documents other than those listed above in this Section 2. The Contract
Documents may not be altered, amended or repealed except by a modification (as defined in the
MPWSS, General Conditions).
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3. Time of Performance: Contractor shall begin the Work after receiving a Notice to
Proceed from City and shall complete the Work no later than September 30th 2021. Time is of the
essence of completion of all work and each phase of the Work.
4. Payment:
a. Upon satisfactory final completion and acceptance of the Work, City shall pay to
Contractor, and Contractor shall accept as full payment for the performance of this
Agreement and the Work, the amount of $55.00 per inch-foot of sidewalk satisfactorily
cut not to exceed [twenty five thousand dollars] ($25,000).
b. If work not included within the Scope of Services, Attachment A is requested by
City, such additional work and the related compensation shall be agreed to in writing by
both parties prior to commencement of the additional work (“Change Order”).
c. Contractor shall submit applications for payment in accordance with the Montana
Public Works Standard Specification, _6th_ Edition General Conditions. Applications for
payment will be processed as provided in the General Conditions.
d. Upon acceptance of final payment and for other good and valuable consideration,
Contractor shall and hereby does release and forever discharge City, its officers, agents,
and employees of and from any and all claims, demands, actions, causes of action,
obligations, and liabilities of every kind and character whatsoever, in law and in equity,
whether now known or in the future discovered, arising from or related to this Agreement
or the Work that Contractor may have or assert against City, its officers, agents, and
employees.
e. Contractor warrants and guarantees to City that all Work will be in accordance with
the Contract Documents and will not be defective. Prompt notice of all defects shall be
given to Contractor. All defective Work, whether or not in place, may be rejected,
corrected or accepted as provided in the MPWSS.
5. Inspection and Testing:
a. City has the right to inspect and test any and all Work performed by Contractor.
Contractor shall allow City and its agents access to the Work at all times and shall provide
every reasonable facility for the purpose of such inspection and testing, including
temporarily discontinuing portions of the Work or uncovering or taking down portions of
the finished Work. Any inspection and testing performed by the City and its agents is for
the sole benefit of the City and shall not relieve the Contractor of its duty, responsibility,
and obligation to ensure that the Work strictly complies with the Agreement terms and
conditions and all applicable laws and building and safety codes. City’s inspection and
testing shall not be deemed or considered acceptance by the City of any portion of the
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Work. City’s inspection and testing shall not serve to nullify, amend, or waive any
warranties provided by the Contractor under this Agreement.
b. Contractor shall, without charge, replace any material or correct any Work found
by the City or its agents to be defective or otherwise not in compliance with the terms and
conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the City
may take such corrective action, either with its own materials and employees or by
retaining any third party to do so, and deduct the cost and expense of such corrective action
from the Contractor’s compensation.
6. Contractor’s Representations and Warranties: In order to induce the City to
enter into this Agreement, Contractor represents and warrants as follows:
a. Contractor has familiarized himself with the nature and extent of the Contract
Documents, Work, the Work site, and with all local conditions and federal, state and local
laws, ordinances, rules and regulations that in any manner may affect cost, progress or
performance of the Work.
b. Contractor has studied carefully all reports of investigations and tests of subsurface
and latent physical conditions at the site or otherwise affecting cost, progress or
performance of the Work.
c. Contractor has made or caused to be made examinations, and investigations as he
deems necessary for the performance of the Work at the contract price, within the contract
time and in accordance with the other terms and conditions of the Contract Documents,
and no additional examinations, investigations, tests, reports or similar data are or will be
required by Contractor for such purposes.
d. Contractor has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract
Documents.
e. Contractor and its sureties are liable for the satisfaction and full performance of all
warranties.
7. General Requirements:
a. Contractor Use of Premises. The Contractor shall confine his operations at site of
the proposed work to within the right-of-way or construction easements provided.
b. Safekeeping of Equipment and Materials on Work Site. It shall be understood
that the responsibility for protection and safekeeping of equipment and materials on or
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near the site will be entirely that of Contractor and that no claim shall be made against the
City by reason of any act of an employee or trespasser. It shall be further understood that
should any occasion arise necessitating access by the City to the sites occupied by these
stored materials and equipment, the Contractor owning or responsible for the stored
materials or equipment shall immediately remove same. No materials or equipment may
be placed upon any private property until the property owner has agreed in writing to the
location contemplated by the Contractor to be used for storage.
c. Excavation. Where excavation will be required adjacent to existing structures, the
Contractor shall be solely responsible to maintain the structural integrity of the existing
structures. The Contractor shall take whatever means necessary to insure that the existing
structure is not damaged and if necessary shall install sheet piling. The Contractor shall
repair all damage to the existing structures at his own expense. Any fences destroyed
during construction shall be repaired to the satisfaction of the property owner. Any
delay, additional work, or extra cost to the Contractor caused by existing underground
installations shall not constitute a claim for extra work, additional payment or damages.
d. Protection of Existing Mailboxes, Curbs and Gutters and Driveways. The
Contractor shall take whatever means necessary to insure that the existing mailboxes,
curbs and gutters and driveways are not damaged during construction. If it is necessary
to remove or disturb mailboxes during construction, the Contractor shall repair and
restore the mailboxes at his own expense to the satisfaction of the property owner. Any
curb, gutter, or driveways damaged during construction, not noted to be replaced on the
drawings, shall be replaced by the Contractor at his own expense.
e. Surface Drainage. Water from such sources as surface runoff, dewatering and
flushing of water lines during project construction shall not be allowed to enter into
drainage ways or open areas that will cause flooding of existing structures, street
intersections, or lawn areas.
f. Debris; Restoration. While performing the Work, and as part of the final
completion of the Work, Contractor shall clean up the Work site, including the removal
and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the
performance of any other work necessary to restore the site to at least as good order and
condition as at the commencement of the Work. Any disturbed landscaped areas shall be
properly restored.
g. Work Sequence. The Contractor shall schedule the work to minimize
inconvenience to the City and to adjacent property owners and to minimize interruptions
to utility service. This shall include minimizing obstruction to local traffic especially on
dead end streets. Work shall be scheduled so as to minimize disruptions to local mail
delivery.
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h. Traffic Control. The Contractor shall conduct his work so as to interfere as little
as possible with public travel, whether vehicular or pedestrian. Whenever it is necessary
to cross, obstruct, or close roads and walks, the Contractor shall obtain approval of such
actions from the County or Montana Department of Transportation and shall provide and
maintain suitable and safe lighted detours or other temporary expedients for the
accommodation of public and private travel in accordance with the current edition of the
Manual on Uniform Control Devices for Streets and Highways (MUTCD). The
Contractor shall not occupy the work site or initiate construction until all traffic control
provisions are in place and the City has been so notified. The Contractor shall cooperate
and coordinate his methods with the City’s traffic control plans prior to the disruption of
the normal flow of any traffic.
i. Safety. Safety provisions must be entirely adequate and meet with City, County,
State and Federal regulations to protect the public on affected streets and roads.
1) Barricades and Lights. Prior to the start of construction across roads or walks,
all construction permits shall be obtained, utility companies notified, and
traffic patterns, signing, location of flagmen, barricades and other safety
measures arranged. Providing and maintaining safety barricades, and other
work site safety measures shall be the responsibility of the Contractor and
shall be included in the contract price.
2) All open trenches and other excavations shall be provided with suitable
barriers, signs, and lights to the extent that adequate protection is provided to
the public. Obstructions, such as material piles and equipment, shall be
provided with similar warning signs and lights.
3) All barricades and obstructions shall be illuminated by means of warning
lights from sunset to sunrise. Materials stored upon or alongside public streets
and highways shall be provided with similar warning signs and lights.
4) All barricades, signs, lights and other protective devices shall be installed and
maintained in conformity with applicable statutory requirements and, where
within railroad and highway right-of-way, as required by the authority having
jurisdiction thereover.
5) Work performed within property under the City’s jurisdiction shall have all
barricades, signs, lights and protective devices installed and maintained.
8. Delays and Extensions of Time: If Contractor’s performance of this Agreement
is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including
acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any
such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of
the termination of such delay, give the City written notice of the total actual duration of the delay.
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If the City is provided with these required notices and if the City determines that the cause of the
delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the
fault or negligence of the Contractor, then the City will determine the total duration of the delay
and extend the time for performance of the Agreement accordingly. Unless the delay is caused by
the intentional interference of the City with the Contractor’s performance, Contractor shall make
no claim for damages or any other claim other than for an extension of time as herein provided by
reason of any delays.
9. Suspension:
a. The City may, by written notice to the Contractor and at its convenience for any
reason, suspend the performance of all or any portion of the work to be performed on the
Work (“Notice of Suspension”). The Notice of Suspension shall set forth the time of
suspension, if then known to the City. During the period of suspension, Contractor shall
use its best efforts to minimize costs associated with the suspension.
b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice requires
otherwise, Contractor shall: (1) immediately discontinue work on the date and to the extent
specified in the Notice of Suspension; (2) place no further orders or subcontracts for
materials, services, or equipment; (3) promptly make every reasonable effort to obtain
suspension upon terms satisfactory to City of all orders, subcontracts, and rental
agreements to the extent that they relate to the performance of the work suspended; and (4)
continue to protect and maintain the Work, including those portions on which work has
been suspended.
c. As compensation for the suspended Work, Contractor will be reimbursed for the
following costs, reasonably incurred, without duplication of any item, and to the extent that
such costs directly resulted from the suspension: (1) all reasonably incurred costs for the
demobilization of Contractor’s and subcontractor’s crews and equipment; (2) an equitable
amount to reimburse Contractor for the cost to protect and maintain the Work during the
period of suspension; and (3) an equitable adjustment in the cost of performing the
remaining portion of the work post-suspension if, as a direct result of the suspension, the
cost to Contractor of subsequently performing the remaining work on the Work has
increased or decreased.
d. Upon receipt of written notice by the City to resume the suspended work (“Notice
to Resume Work”), Contractor shall immediately resume performance of the suspended
work as to the extent required in the Notice to Resume Work. Any claim by Contractor for
time or compensation described in Section 9(c) shall be made within fifteen (15) days after
receipt of the Notice to Resume Work and Contractor shall submit a revised Work Schedule
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for the City’s review and approval. Contractor’s failure to timely make such a claim shall
result in a waiver of the claim.
e. No compensation described in Section 9(c) shall be paid and no extension of time
to complete the Work shall be granted if the suspension results from Contractor’s non-
compliance with or breach of the terms or requirements of this Agreement.
10. 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, and may
immediately take possession of and use such materials, appliances, tools, and equipment
as may be on the site and which may be necessary for the completion of the Work.
b. In the event of a termination pursuant to this Section 10, Contractor shall be entitled
to payment only for those services Contractor actually rendered. In the case of a lump sum
or unit price contract, Contractor shall not be entitled to any further payment until the Work
has been completed. Upon completion of the Work, if the unpaid balance of the
Contractor’s compensation exceeds the cost to the City of completing the work, including
all costs paid to any subcontractors or third parties retained by the City to complete the
Work and all administrative costs resulting from the termination (“City’s Cost for
Completion”), such excess shall be paid to the Contractor. If the City’s Cost for
Completion exceeds the unpaid balance of the Contractor’s compensation, then Contractor
and its sureties shall be liable for and shall pay the difference, plus interest at the rate
applicable to court judgments, to the City.
c. Any termination provided for by this Section 10 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 10, 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.
11. 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 work on the Work, the City may terminate this Agreement
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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 work on the Work,
discontinue placing orders for materials, supplies, and equipment for the Work, and make
every reasonable effort to 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, in progress, or in transit to the construction site.
c. In the event of a termination pursuant to this Section 11, Contractor is entitled to
payment only for those services Contractor actually rendered and materials actually
purchased or which Contractor has made obligations to purchase on or before the receipt
of the Notice of Termination for City’s Convenience, and reasonably incurred costs for
demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any
materials that City is obligated to purchase from Contractor will remain the City’s sole
property.
d. The compensation described in Section 11(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.
12. 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 ten (10) 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.
13. Representatives and Notices:
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a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be __Kellen Gamradt__ 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 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 __Aleshea McDonald___ or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
required by this Agreement, such direction or communication shall be directed to
Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and shall
be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal
business hours of the recipient; or when sent, if sent by email or fax (with a successful
transmission report) to the email address or fax number provided by the Party’s
Representative; or on the fifth business day following mailing, if mailed by ordinary mail
to the address shown above, postage prepaid.
14. Locating Underground Facilities: Contractor shall be responsible for obtaining
and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the
provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every
effort to avoid damage to underground facilities and shall be solely responsible for any damage
that may occur. If City personnel assume responsibility for locating any underground facilities,
this fact shall be noted in writing prior to commencement of such location work.
15. 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, pay all fees
and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Work.
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16. Ownership of Documents; Indemnification: All plans, designs, drawings,
specifications, documents, sample results and data, in whatever medium or format, originated or
prepared by or for Contractor in contemplation of, or in the course of, or as a result of this
Agreement or work on the Work, shall be promptly furnished to the City (“City Documents and
Information”). All City Documents and Information shall be the exclusive property of the City
and shall be deemed to be works-for-hire. Contractor hereby assigns all right, title, and interest in
and to the City Documents and Information, including but not limited to, all copyright and patent
rights in and to the City Documents and Information. Neither party grants to the other any express
or implied licenses under any patents, copyrights, trademarks, or other intellectual property rights,
except to the extent necessary to complete its obligations to the other under this Agreement.
17. Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, Montana
Contractor Registration requirements, Montana Contractors Gross Receipts Tax (Title 15, Chapter
50, MCA), all workers’ compensation laws, all environmental laws including, but not limited to,
the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA),
the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA,
all applicable City, County, and State building and electrical codes, the Americans with
Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and
small business statutes and regulations.
18. Nondiscrimination and Equal Pay: The 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.
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Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
19. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site
of the Work. 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.
20. Labor Relations:
a. In the event that, during the term of this Agreement and throughout the course of
Contractor’s performance of the Work, any labor problems or disputes of any type arise or
materialize which in turn cause any work on the Work 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 to resume work on the Work 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 work on the Work to resume and be completed within the time frames set forth
in the Construction Schedule at no additional cost to City.
b. Contractor shall indemnify, defend, and hold the City harmless from any and all
claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or
occurring in connection with any labor problems or disputes or any delays or stoppages of
work associated with such problems or disputes.
21. Subcontractors:
a. Contractor may employ subcontractors for any part of the Work. Contractor shall
provide City with a list of all subcontractors employed.
b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall
remain fully responsible and liable for the timely completion of the Work.
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c. Contractor is solely liable for any and all payments to subcontractors. Contractor
shall hold all payments received from the City in trust for the benefit of subcontractors,
and all such payments shall be used to satisfy obligations of the Work before being used
for any other purpose. Contractor shall make any payments due to any subcontractor within
seven (7) days of Contractor’s receipt of payment, including a proportional part of the
retainage Contractor has received from the City. In the event of a dispute regarding any
subcontractor’s invoice, Contractor shall promptly pay the undisputed amount to the
subcontractor and notify the subcontractor in writing of the amount in dispute and the
reasons for the dispute. Any withholding of payment must comply with the requirements
of §28-2-2103, MCA. In the event Contractor is unwilling or unable to make timely and
proper payment to any subcontractor, City may elect to withhold any payment otherwise
due to Contractor and upon seven (7) days’ written notice to Contractor, may pay
subcontractor by direct or joint payment.
24. Indebtedness and Liens: Before City may make any final payment to Contractor,
Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in
connection with the Work. If the Contractor allows any indebtedness to accrue to subcontractors
or others during the progress of the work, and fails to pay or discharge the same within five (5)
days after demand, then City may either withhold any money due to Contractor until such
indebtedness is paid or apply the same towards the discharge of the indebtedness. If any lien or
claim is filed or made by any subcontractor, material supplier, or any other person, the Contractor
shall immediately notify the City and shall cause the same to be discharged of record within thirty
(30) days after its filing.
25. Indemnification; Insurance; Bonds:
a. 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 and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and
without limit and without regard to the cause or causes thereof or the negligence of any
party or parties that may be asserted against, recovered from or suffered by the City
occasioned by, growing or arising out of or resulting from or in any way related to: (i) the
negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent,
reckless, or intentional misconduct of any of the Contractor’s agents.
b. 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
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statutory rights of the City as indemnitee(s) which would otherwise exist as to such
indemnitee(s).
c. Contractor’s indemnity under this Section shall be without regard to and without
any right to contribution from any insurance maintained by City.
d. 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.
e. In the event of an action filed against City resulting from the City’s performance
under this Agreement, the City may elect to represent itself and incur all costs and expenses
of suit.
f. Contractor also waives any and all claims and recourse against the City, including
the right of contribution for loss or damage to person or property arising from, growing out
of, or in any way connected with or incident to the performance of this Agreement except
“responsibility for [City’s] own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
g. These obligations shall survive termination of this Agreement and the services
performed hereunder.
h. 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 and Contractor shall furnish to the City an accompanying
certificate of insurance and accompanying endorsements in amounts not less than as shown
below:
Workers’ Compensation – not less than statutory limits;
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;
Products and Completed Operations – $1,000,000;
Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate (all owned, hired, non-owned vehicles);
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Builder’s Risk/Property Insurance at least as broad as that provided by the ISO
special causes of loss form (CP10 30) naming at a minimum the City in an
amount equal to greater of Contractor’s compensation or full replacement value of
the work (covering at a minimum all work, buildings, materials and equipment,
whether on site or in transit, loss due to fire, lightening, theft, vandalism,
malicious mischief, earthquake, collapse, debris removal, demolition occasioned
by enforcement of laws, water damage, flood if site within a flood plain, repair or
replacement costs, testing and start-up costs) on an all risk coverage basis. This
insurance must include waivers of subrogation between the City and Contractor to
the extent that damage to the Work or City Hall is covered by other insurance;
Owner’s and Contractor’s Protective Liability: one policy designating the City
(including its agents, representatives, employees, and officers) as the insured and
another independent policy designated the City’s Representative (including its
consultants, consultants, agents and employees) as the insured on the declarations
with both policies covering: (i) operations performed by the Contractor under this
Agreement for the City; and (ii) the City’s and City’s Representatives acts or
omissions, including negligent acts, in connection with its general supervision of
the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence;
$2,000,000 aggregate;
Contractual Liability Insurance (covering the Contractor’s indemnity
obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000
aggregate
The amounts of insurance provided shall be exclusive of defense costs. The City of
Bozeman shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include
no less than a thirty (30) day notice of cancellation or non-renewal. 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.
26. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. Contractor understands that all contractors or subcontractors
working on a publicly funded project are required to pay or have withheld from earnings a license
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fee of one percent (1%) of the gross contract price if the gross contract price is Five Thousand
Dollars ($5,000) or more. This license fee is paid to the Montana Department of Revenue.
27. 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 shall be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
28. Attorney 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..
29. Survival: Contractor’s indemnification and warranty obligations shall survive the
termination or expiration of this Agreement for the maximum period allowed under applicable
law.
30. 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.
31. Waiver: A waiver by City of any default or breach by Contractor of any covenants,
terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms,
or conditions or to pursue City’s rights in the event of any subsequent default or breach.
32. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
33. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
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34. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
35. Amendments: This Agreement may not be modified, amended, or changed in any
respect except by a written document signed by all parties.
36. 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.
37. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
38. Assignment: Contractor may not assign this Agreement in whole or in part without
the prior written consent of the City. No assignment will relieve Contractor of its responsibility
for the performance of the Agreement and the completion of the Work. Contractor may not assign
to any third party other than Contractor’s subcontractors on the Work, the right to receive monies
due from City without the prior written consent of City.
39. Authority: Each party represents that it has full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
40. Independent Contractor: The parties agree and acknowledge that in the
performance of this Agreement and the completion of the Work, Contractor shall render services
as an independent contractor and not as the agent, representative, subcontractor, or employee of
the City. The parties further agree that all individuals and companies retained by Contractor at all
times will be considered the agents, employees, or independent contractors of Contractor and at
no time will they be the employees, agents, or representatives of the City.
41. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
42. 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.
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**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, Contractor and City have caused this Agreement to be
executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
Chuck Winn, Interim City Manager
Print Name:
Title:
APPROVED AS TO FORM:
By: _______________________________
Greg Sullivan, City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Max Ziegler, Facilities Assistant Superintendent
Jon Henderson, Director of Strategic Services
SUBJECT:Authorize the City Manager to Sign a Construction Agreement with Big West
Building Services LLC for Bozeman City Shops Complex Flat Roofing and
Insulation Replacement
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Construction Agreement with Big West
Building Services LLC for Bozeman City Shops Complex Flat Roofing and
Insulation Replacement.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The Bozeman City Shops Complex is a precast concrete municipal office and
shops building constructing in 1975. The current roof system consists of 1
inch of insulation board covered with two layers of rolled asphalt roofing.
The current roofing was last repaired in the late 1990's and has exceeded its
useful lifespan, requiring replacement. Due to improvements in building
energy codes since the Shops Complex's original construction, this project
triggers a requirement to improve the insulation system to current code
standards.
This project will remove all existing roofing materials, and then install a new
vapor barrier, R-30 insulation, and a TPO membrane roof covering. This work
will significantly improve the thermal performance of the building resulting
in decreased energy consumption and provide a roof covering with a 25 year
manufacturers warranty. Failure to replace the roof system will likely result
in damage due to roof leaks as well as continued high energy use.
A Request for Proposals was published for this project and a number of
qualified and competitive proposals were received. The evaluation of
proposals found Big West Building Services to provide the best combination
of qualifications and competitive pricing for the City, and were unanimously
selected for award of this project by the selection committee.
This project is to take place during the summer of 2024 and is expected to
last approximately 4 weeks.
UNRESOLVED ISSUES:None at this time.
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ALTERNATIVES:As suggested by City Commission
FISCAL EFFECTS:This construction agreement with incur a lump sum cost of $224,173 to be
paid from the GF368 capital project fund.
Attachments:
Construction Agreement - Big West Building Services - City
Shops Roof Replacement.pdf
Report compiled on: May 17, 2024
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CONSTRUCTION AGREEMENT
This Construction Agreement is made and entered into this _____ day of ____________,
20224 (“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, Big West Building Services, LLC,
1001 S Main St. Suite 49, Kalispell, MT 59901, hereinafter referred to as “Contractor.” The City
and Contractor may be referred to individually as “Party” and collectively as “Parties.”
In consideration of the covenants, agreements, representations, and warranties contained
herein, the parties agree as follows:
1. Work to be Performed:
a. A description of the work to be performed to Bozeman City Shops Complex
Flat Roofs (the “Construction Project”) and Contractor’s duties is set forth in the Scope of
Services attached hereto as Exhibit A and by this reference made a part hereof, and in the
drawings, plans, and specifications provided by the City, which are included in the Scope
of Services attached hereto as Exhibit A.
b. Prior to the commencement of any work on the Construction Project,
Contractor’s representatives and City’s representatives shall hold a meeting to establish a
working understanding among the parties as to the scope of the Construction Project and
duties of the Contractor. At this meeting, Contractor and City shall resolve any outstanding
issues related to the plans, designs, drawings, and specifications. If the parties are unable
to resolve these issues and the City fails, refuses, or is unable to approve the same, no work
shall commence on the Construction Project until such issues are resolved and the City
approves the related plans, designs, drawings, and specifications.
c. Except as provided elsewhere in this Agreement, Contractor shall furnish
all the labor, materials, equipment, tools, and services necessary to perform and complete
the Construction Project.
d. During work on the Construction Project, and as part of the final completion
of the Construction Project, Contractor shall clean up the Project site, including the removal
and satisfactory disposal of all waste, garbage, excess materials, and equipment, and the
performance of any other work necessary to restore the site to at least as good order and
condition as at the commencement of the Construction Project.
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2. City-Supplied Materials: The City may supply materials from time to time in
furtherance of the Construction Project. Such materials will be noted as an addendum to this
Agreement.
3. Time of Performance: Contractor shall begin the Construction Project after
receiving a Notice to Proceed from City and shall complete the Construction Project no later than
November 1st, 2024. Time is of the essence of completion of all work and each phase of the
Construction Project.
4. Liquidated Damages: If the Construction Project is not completed within the time
provided by this Agreement, the City may deduct for each day the Construction Project remains
uncompleted the sum of One Hundred Dollars ($100.00) from the compensation hereinafter
specified and retain that sum as payment for liquidated damages sustained by reason of the
Contractor’s failure to complete the Construction Project on time.
5. Compensation:
a. City shall pay to Contractor, and Contractor shall accept as full payment for
the performance of this Agreement and the Construction Project, the amount of Two
Hundred and Twenty-Four Thousand, One Hundred and Seventy-Three Dollars
($224,173).
b. If work not included within the original Construction Documents is
requested by City, such additional work and the related compensation shall be agreed to in
writing by both parties prior to commencement of the additional work (“Change Order”).
c. City shall retain five percent (5%) of the total amount of compensation to
be paid to the Contractor to ensure compliance with the terms and conditions of this
Agreement and the timely completion of the Construction Project and any and all “punch
list” items (“Retainage Amount”). The Retainage Amount shall be paid to Contractor thirty
(30) days after the City’s final acceptance of the portion of work for which a separate price
is stated in the specifications for the Construction Project.
e. Upon acceptance of final payment and for other good and valuable
consideration, Contractor shall and hereby does release and forever discharge City, its
officers, agents, and employees of and from any and all claims, demands, actions, causes
of action, obligations, and liabilities of every kind and character whatsoever, in law and in
equity, whether now known or in the future discovered, arising from or related to this
Agreement or the Construction Project that Contractor may have or assert against City, its
officers, agents, and employees.
6. Inspection and Testing:
a. City has the right to inspect and test any and all work performed by
Contractor on the Construction Project. Contractor shall allow City and its agents access
to the Construction Project at all times and shall provide every reasonable facility for the
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purpose of such inspection and testing, including temporarily discontinuing portions of the
work or uncovering or taking down portions of the finished work. Any inspection and
testing performed by the City and its agents is for the sole benefit of the City and shall not
relieve the Contractor of its duty, responsibility, and obligation to ensure that the work
strictly complies with the Agreement terms and conditions and all applicable laws and
building and safety codes. City’s inspection and testing shall not be deemed or considered
acceptance by the City of any portion of the Construction Project. City’s inspection and
testing shall not serve to nullify, amend, or waive any warranties provided by the
Contractor under this Agreement.
b. Contractor shall, without charge, replace any material or correct any work
found by the City or its agents to be defective or otherwise not in compliance with the terms
and conditions of this Agreement. In the event Contractor fails to replace or correct any
defective work or materials after reasonable written notice by the City to do so, the City
may take such corrective action, either with its own materials and employees or by
retaining any third party to do so, and deduct the cost and expense of such corrective action
from the Contractor’s compensation.
7. Partial Utilization of Construction Project: City shall have the right to use or
occupy any portion of the Construction Project that City and Contractor mutually agree is
substantially completed and constitutes a separately functioning and usable part of the
Construction Project for its intended purpose without significant interference with Contractor’s
performance of the remaining portions of the Construction Project. In the event City takes
possession of any portion of the Construction Project, such possession shall not be deemed an
acceptance of the Construction Project, in whole or in part. City’s use of any portion of the
Construction Project shall not be grounds for extensions of any construction deadlines or a change
in the Contractor’s compensation. Contractor’s warranties shall run from the completion of the
total Construction Project and not from the date the City may take possession of selected portions
of the Construction Project.
8. Related Work at the Site: Nothing in this Agreement shall prevent or preclude
City, through its own employees or by contract with any third party, from performing other work
related to the Construction Project at the construction site; provided such related work is not
otherwise addressed in this Agreement and provided such related work does not otherwise interfere
with Contractor’s performance of this Agreement or the completion of the Construction Project.
Contractor shall afford any City employee, agent or representative, or any third party under
contract with the City to perform the related work, proper and safe access to the construction site,
a reasonable opportunity for the introduction and storage of materials and equipment, the
opportunity to perform the related work, and shall properly coordinate the Contractor’s work on
the Construction Project with the related work.
9. Contractor’s Warranties: Contractor represents and warrants as follows:
a. Unless otherwise specified by the terms of this Agreement, all materials and
equipment used by Contractor on the Construction Project shall be new and where not
otherwise specified, of the most suitable grade for their intended uses.
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b. All workmanship and materials shall be of a kind and nature acceptable to
the City.
c. All equipment, materials, and labor provided to, on, or for the Construction
Project must be free of defects and nonconformities in design, materials, and workmanship
for a minimum period beginning with the commencement of the work on the Construction
Project and ending one (1) year from the final completion and acceptance by the City of
the Construction Project, regardless of whether such equipment, materials, or labor were
supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers.
Other express warranties on materials that provide for a warranty period longer than one
year apply for the period of that express warranty and are not reduced by this provision.
Upon receipt of City’s written notice of a defective or nonconforming condition during the
warranty period, Contractor shall take all actions, including redesign and replacement, to
correct the defective or nonconforming condition within a time frame acceptable to the
City and at no additional cost to the City. Contractor shall also, at its sole cost, perform
any tests required by City to verify that such defective or nonconforming condition has
been corrected. Contractor warrants the corrective action taken against defective and
nonconforming conditions for a period of an additional one (1) year from the date of City’s
acceptance of the corrective action.
d. Contractor and its sureties are liable for the satisfaction and full
performance of all warranties.
e. Contractor shall give its personal attention to the faithful prosecution of the
completion of the Construction Project and Contractor, or its duly authorized representative
assigned to serve as the Construction Project Manager, shall be personally present at the
site of the Construction Project during working hours for the term of this Agreement until
the completion of the Construction Project.
f. Contractor shall have a complete, accurate, and up-to-date set of
construction plans, drawings, and specifications on site at all times.
g. Contractor has examined all available records and made field examinations
of the site of the Construction Project. Contractor has knowledge of the field conditions to
be encountered during the Construction Project. Contractor has knowledge of the types
and character of equipment necessary for the work, the types of materials needed and the
sources of such materials, and the condition of the local labor market.
h. Contractor is responsible for the safety of the work and shall maintain all
lights, guards, signs, temporary passages, or other protections necessary for that purpose at
all times.
i. All work must be performed at Contractor’s risk, and Contractor shall
promptly repair or replace all damage and loss at its sole cost and expense regardless of the
reason or cause of the damage or loss; provided, however, should the damage or loss be
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caused by an intentional or negligent act of the City, the risk of such loss shall be placed
on the City.
j. Contractor is responsible for any loss or damage to materials, tools, or other
articles used or held for use in the completion of performance of the Construction Project.
k. Contractor’s performance must be without damage or disruption to any
other work or property of the City or of others and without interference with the operation
of existing machinery or equipment.
l. Title to all work, materials, and equipment covered by any payment of
Contractor’s compensation by City, whether directly incorporated into the Construction
Project or not, passes to City at the time of payment, free and clear of all liens and
encumbrances.
10. Delays and Extensions of Time: If Contractor’s performance of this Agreement
is prevented or delayed by any unforeseen cause beyond the control of the Contractor, including
acts or omissions of the City, Contractor shall, within ten (10) days of the commencement of any
such delay, give the City written notice thereof. Further, Contractor shall, within ten (10) days of
the termination of such delay, give the City written notice of the total actual duration of the delay.
If the City is provided with these required notices and if the City determines that the cause of the
delay was not foreseeable, was beyond the control of the Contractor, and was not a result of the
fault or negligence of the Contractor, then the City will determine the total duration of the delay
and extend the time for performance of the Agreement accordingly. Unless the delay is caused by
the intentional interference of the City with the Contractor’s performance, Contractor shall make
no claim for damages or any other claim other than for an extension of time as herein provided by
reason of any delays.
11. Suspension:
a. The City may, by written notice to the Contractor and at its convenience for
any reason, suspend the performance of all or any portion of the work to be performed on
the Construction Project (“Notice of Suspension”). The Notice of Suspension shall set
forth the time of suspension, if then known to the City. During the period of suspension,
Contractor shall use its best efforts to minimize costs associated with the suspension.
b. Upon Contractor’s receipt of any Notice of Suspension, unless the notice
requires otherwise, Contractor shall: (1) immediately discontinue work on the date and to
the extent specified in the Notice of Suspension; (2) place no further orders or subcontracts
for materials, services, or equipment; (3) promptly make every reasonable effort to obtain
suspension upon terms satisfactory to City of all orders, subcontracts, and rental
agreements to the extent that they relate to the performance of the work suspended; and (4)
continue to protect and maintain the Project, including those portions on which work has
been suspended.
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c. As compensation for the suspended work, Contractor will be reimbursed for
the following costs, reasonably incurred, without duplication of any item, and to the extent
that such costs directly resulted from the suspension: (1) a standby charge paid during the
period of suspension which will be sufficient to compensate Contractor for keeping, to the
extent required in the Notice of Suspension, Contractor’s organization and equipment
committed to the Project in standby status; (2) all reasonably incurred costs for the
demobilization of Contractor’s and subcontractor’s crews and equipment; (3) an equitable
amount to reimburse Contractor for the cost to protect and maintain the Project during the
period of suspension; and (4) an equitable adjustment in the cost of performing the
remaining portion of the work post-suspension if, as a direct result of the suspension, the
cost to Contractor of subsequently performing the remaining work on the Construction
Project has increased or decreased.
d. Upon receipt of written notice by the City to resume the suspended work
(“Notice to Resume Work”), Contractor shall immediately resume performance of the
suspended work as to the extent required in the Notice to Resume Work. Any claim by
Contractor for time or compensation described in Section 11(c) shall be made within fifteen
(15) days after receipt of the Notice to Resume Work and Contractor shall submit a revised
Construction Schedule for the City’s review and approval. Contractor’s failure to timely
make such a claim shall result in a waiver of the claim.
e. No compensation described in Section 11(c) shall be paid and no extension
of time to complete the Construction Project shall be granted if the suspension results from
Contractor’s non-compliance with or breach of the terms or requirements of this
Agreement.
12. 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 Construction
Project (“Termination Notice Due to Contractor’s Fault”). The City may then take over
the Construction Project and complete it, either with its own resources or by re-letting the
contract to any other third party, and may immediately take possession of and use such
materials, appliances, tools, and equipment as may be on the site and which may be
necessary for the completion of the Construction Project.
b. In the event of a termination pursuant to this Section 12, Contractor shall be
entitled to payment only for those services Contractor actually rendered. In the case of a
lump sum or unit price contract, Contractor shall not be entitled to any further payment
until the Construction Project has been completed. Upon completion of the Construction
Project, if the unpaid balance of the Contractor’s compensation exceeds the cost to the City
of completing the work, including all costs paid to any subcontractors or third parties
retained by the City to complete the Construction Project and all administrative costs
resulting from the termination (“City’s Cost for Completion”), such excess shall be paid to
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the Contractor. If the City’s Cost for Completion exceeds the unpaid balance of the
Contractor’s compensation, then Contractor and its sureties shall be liable for and shall pay
the difference, plus interest at the rate applicable to court judgments, to the City.
c. Any termination provided for by this Section 12 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 12, 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.
13. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease work on the Construction Project, 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 work on the
Construction Project, discontinue placing orders for materials, supplies, and equipment for
the Construction Project, and make every reasonable effort to 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, in progress, or in
transit to the construction site.
c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered and materials
actually purchased or which Contractor has made obligations to purchase on or before the
receipt of the Notice of Termination for City’s Convenience, and reasonably incurred costs
for demobilization of Contractor’s and any subcontractor’s crews. It is agreed that any
materials that City is obligated to purchase from Contractor will remain the City’s sole
property.
d. The compensation described in Section 13(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.
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14. 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 ten (10) 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.
15. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Max Ziegler, Facilities Assistant Superintendent, 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 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 Ben Bowles, President & 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 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.
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16. Locating Underground Facilities: Contractor shall be responsible for obtaining
and determining the location of any underground facilities, including but not limited to, the
location of any pipelines or utility supply, delivery, or service lines in accordance with the
provisions of §69-4-501, et seq., Montana Code Annotated (MCA). Contractor shall make every
effort to avoid damage to underground facilities and shall be solely responsible for any damage
that may occur. If City personnel assume responsibility for locating any underground facilities,
this fact shall be noted in writing prior to commencement of such location work.
17. 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, pay all fees
and charges in connection therewith, and perform all surveys and locations necessary for the timely
completion of the Construction Project.
18. Ownership of Documents; Indemnification: All plans, designs, drawings,
specifications, documents, sample results and data, in whatever medium or format, originated or
prepared by or for Contractor in contemplation of, or in the course of, or as a result of this
Agreement or work on the Construction Project, shall be promptly furnished to the City (“City
Documents and Information”). All City Documents and Information shall be the exclusive
property of the City and shall be deemed to be works-for-hire. Contractor hereby assigns all right,
title, and interest in and to the City Documents and Information, including but not limited to, all
copyright and patent rights in and to the City Documents and Information. Neither party grants to
the other any express or implied licenses under any patents, copyrights, trademarks, or other
intellectual property rights, except to the extent necessary to complete its obligations to the other
under this Agreement.
19. 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.
20. 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
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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.
21. Intoxicants; DOT Drug and Alcohol Regulations: Contractor shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the site
of the Construction Project. 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.
22. Labor Relations:
a. In the event that, during the term of this Agreement and throughout the
course of Contractor’s performance of the Construction Project, any labor problems or
disputes of any type arise or materialize which in turn cause any work on the Construction
Project 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 to
resume work on the Construction Project 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 work on the
Construction Project to resume and be completed within the time frames set forth in the
Construction Schedule at no additional cost to City.
b. Contractor shall indemnify, defend, and hold the City harmless from any
and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting
from, or occurring in connection with any labor problems or disputes or any delays or
stoppages of work associated with such problems or disputes.
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23. Subcontractors:
a. Contractor may employ subcontractors for any work on the Construction
Project. Contractor shall provide City with a list of all subcontractors employed.
b. Contractor remains fully responsible for the acts and omissions of any
subcontractor, just as Contractor is for its own acts and omissions, and Contractor shall
remain fully responsible and liable for the timely completion of the Construction Project.
c. Contractor is solely liable for any and all payments to subcontractors.
Contractor shall hold all payments received from the City in trust for the benefit of
subcontractors, and all such payments shall be used to satisfy obligations of the
Construction Project before being used for any other purpose. Contractor shall make any
payments due to any subcontractor within seven (7) days of Contractor’s receipt of
payment, including a proportional part of the retainage Contractor has received from the
City. In the event of a dispute regarding any subcontractor’s invoice, Contractor shall
promptly pay the undisputed amount to the subcontractor and notify the subcontractor in
writing of the amount in dispute and the reasons for the dispute. Any withholding of
payment must comply with the requirements of §28-2-2103, MCA. In the event Contractor
is unwilling or unable to make timely and proper payment to any subcontractor, City may
elect to withhold any payment otherwise due to Contractor and upon seven (7) days’
written notice to Contractor, may pay subcontractor by direct or joint payment.
24. Indebtedness and Liens: Before City may make any final payment to Contractor,
Contractor shall furnish City with satisfactory proof that there are no outstanding debts or liens in
connection with the Construction Project. If the Contractor allows any indebtedness to accrue to
subcontractors or others during the progress of the work, and fails to pay or discharge the same
within five (5) days after demand, then City may either withhold any money due to Contractor
until such indebtedness is paid or apply the same towards the discharge of the indebtedness. If
any lien or claim is filed or made by any subcontractor, material supplier, or any other person, the
Contractor shall immediately notify the City and shall cause the same to be discharged of record
within thirty (30) days after its filing.
25. Hazard Communication: Contractor shall comply with all hazard communication
requirements dictated by the Environmental Protection Agency, the Montana Department of
Agriculture, OSHA, Hazard Communications Standard, 29 CFR 1910.1200, and applicable City
ordinances. Contractor shall supply a chemical list, the associated material safety data sheets
(MSDS), and other pertinent health exposure data for chemicals that the Contractor’s,
subcontractor’s or the City’s employees may be exposed to while working on City property during
the course of the Construction Project. One copy of this documentation must be delivered to City
to the attention of the City’s Representative. This documentation must be delivered before work
involving these chemicals may commence.
26. Accounts and Records: During the term of this Agreement and for two (2) years
following the City’s final acceptance of the Construction Project, Contractor shall maintain
accounts and records related to the Construction Project. Upon reasonable notice, City shall have
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the right to inspect all such accounts and records, including but not limited to, Contractor’s records,
books, correspondence, instructions, drawings, specifications, field and site notes, receipts,
invoices, bills, contracts, or other documents relating to the Construction Project.
27. Indemnification; Insurance; Bonds:
a. 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 and expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and
without limit and without regard to the cause or causes thereof or the negligence of any
party or parties that may be asserted against, recovered from or suffered by the City
occasioned by, growing or arising out of or resulting from or in any way related to: (i) the
negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent,
reckless, or intentional misconduct of any of the Contractor’s agents.
b. Such obligations shall not be construed to negate, abridge, or reduce other
rights or obligations of indemnity that would otherwise exist. The indemnification
obligations of this Section must not be construed to negate, abridge, or reduce any
common-law or statutory rights of the indemnitee(s) which would otherwise exist as to
such indemnitee(s).
c. Contractor’s indemnity under this Section shall be without regard to and
without any right to contribution from any insurance maintained by City.
d. 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.
e. 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.
f. Contractor also waives any and all claims and recourse against the City,
including the right of contribution for loss or damage to person or property arising from,
growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or
property of another, or for violation of law, whether willful or negligent” as per 28-2-702,
MCA.
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g. These obligations shall survive termination of this Agreement and the
services performed hereunder.
h. 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 subsection (a) of this Section. The insurance shall cover and apply to
all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed
against, recovered from, or suffered by the City without limit and without regard to the
cause therefore and which is acceptable to the City. Contractor shall furnish to the City an
accompanying certificate of insurance and accompanying endorsements in amounts not
less than as shown below:
• Workers’ Compensation – not less than statutory limits;
• 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;
• Products and Completed Operations – $1,000,000;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate (all owned, hired, non-owned vehicles);
• Builder’s Risk/Property Insurance at least as broad as that provided by the ISO
special causes of loss form (CP10 30) naming at a minimum the City in an
amount equal to greater of Contractor’s compensation or full replacement value of
the work (covering at a minimum all work, buildings, materials and equipment,
whether on site or in transit, loss due to fire, lightening, theft, vandalism,
malicious mischief, earthquake, collapse, debris removal, demolition occasioned
by enforcement of laws, water damage, flood if site within a flood plain, repair or
replacement costs, testing and start-up costs) on an all risk coverage basis. This
insurance must include waivers of subrogation between the City and Contractor to
the extent that damage to the Construction Project or City Hall is covered by other
insurance;
• Owner’s and Contractor’s Protective Liability: one policy designating the City
(including its agents, representatives, employees, and officers) as the insured and
another independent policy designated the City’s Representative (including its
consultants, consultants, agents and employees) as the insured on the declarations
with both policies covering: (i) operations performed by the Contractor under this
Agreement for the City; and (ii) the City’s and City’s Representatives acts or
omissions, including negligent acts, in connection with its general supervision of
the work of the Contractor’s and its subcontractors - $1,000,000 per occurrence;
$2,000,000 aggregate;
• Contractual Liability Insurance (covering the Contractor’s indemnity
obligations described in this Agreement) - $1,000,000 per occurrence $2,000,000
aggregate
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The amounts of insurance provided shall be exclusive of defense costs. The City of
Bozeman shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include
no less than a thirty (30) day notice of cancellation or non-renewal. 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.
i. The Contractor shall furnish a Performance Bond and a Payment Bond in favor of the City
each in an amount equal to one-hundred Percent (100%) of the Agreement amount.
j.
28. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings. Contractor understands that all contractors or subcontractors
working on a publicly funded project are required to pay or have withheld from earnings a license
fee of one percent (1%) of the gross contract price if the gross contract price is Eighty Thousand
Dollars ($80,000) or more. This license fee is paid to the Montana Department of Revenue.
29. 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 shall be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
30. Survival: Contractor’s indemnification and warranty obligations shall survive the
termination or expiration of this Agreement for the maximum period allowed under applicable
law.
31. 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.
32. Waiver: A waiver by City of any default or breach by Contractor of any covenants,
terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms,
or conditions or to pursue City’s rights in the event of any subsequent default or breach.
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33. 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.
34. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
35. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
36. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
37. Amendments: This Agreement may not be modified, amended, or changed in any
respect except by a written document signed by all parties.
38. 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.
38. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
39. Assignment: Contractor may not assign this Agreement in whole or in part without
the prior written consent of the City. No assignment will relieve Contractor of its responsibility
for the performance of the Agreement and the completion of the Construction Project. Contractor
may not assign to any third party other than Contractor’s subcontractors on the Construction
Project, the right to receive monies due from City without the prior written consent of City.
40. Authority: Each party represents that it has full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
41. Independent Contractor: The parties agree and acknowledge that in the
performance of this Agreement and the completion of the Construction Project, Contractor shall
render services as an independent contractor and not as the agent, representative, subcontractor, or
employee of the City. The parties further agree that all individuals and companies retained by
Contractor at all times will be considered the agents, employees, or independent contractors of
Contractor and at no time will they be the employees, agents, or representatives of the City.
42. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
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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.
43. 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, Contractor and City have caused this Agreement to be
executed, effective on the date written above, and intend to be legally bound thereby.
CITY OF BOZEMAN, MONTANA CONTRACTOR
By: _______________________________ By:
City Manager
Print Name: Ben Bowles
Title: President, Big West Building
Services
APPROVED AS TO FORM:
By: _______________________________
Greg Sullivan, City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Gail Jorgenson, GIS Program Manager
Jon Henderson, Strategic Services Director
SUBJECT:Authorize the Interim City Manager to Sign a Professional Service Agreement
with NV5 Geospatial, Inc. for Professional Geographic Information System
(GIS) Services
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Consider the Motion: Authorize the Interim City Manager to Sign a
Professional Service Agreement with NV5 Geospatial, Inc. for Professional
Geographic Information System (GIS) Services
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:The City of Bozeman has a robust and well developed Geographic
Information System (GIS). The City integrates two significant third party
software’s with our GIS: VertiGIS (formerly Geocortex) web mapping
services and Cityworks asset management software. Geocortex Viewers
provide visual mapping tools and data to support city employee’s critical
workflows and allows public access to current Planning and Infrastructure
data. Cityworks asset management services supports strategic data driven
planning and decision making for the City’s infrastructure’s assets.
This project will allow the city to update this complex integrated GIS with
minimal impact to the daily needs of City of Bozeman employees or the
public who rely on these systems with minimal downtime. This project will
update crucial public facing maps that are reaching the end of life cycle for
the underlying Java Script API and update key reports generated in Cityworks
software that have also reached end of support life, while setting a firm
foundation for the future of GIS at the City.
Phase 1 will include a full needs assessment to determine a roadmap to
optimize GIS throughout the organization and potentially perform all or
some work associated with the roadmap to achieve system optimization in
Phase 2.
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Upon completion of Phase 1, the City may, at its discretion and further
subject to available funding, request additional professional services from
the selected firm to complete Phase 2. The scope of the project will be
determined based on multiple factors including obtainable priority needs as
identified in Phase 1, and the City’s desire to continue with the selected
consultant. The selection under this procurement action will be based on all
scope of services outlined below notwithstanding Phase 2 being potential
additional services.
NV5 Geospatial, Inc. was selected through a competitive RFP process for
professional services.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:Funds needed to complete the full scope of services for Phase 1 are
allocated in the current operating budget of the GIS/AM Division of the
Strategic Services Department ($68,100).
Attachments:
PSA_Professional Geographic Information System (GIS)
Services.pdf
Report compiled on: May 23, 2024
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Professional Services Agreement for Professional Geographic Information System (GIS) Services Page 1 of 10
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, NV5 Geospatial, Inc., N6216 Resources Drive,
Sheboygan Falls, WI, 53085, hereinafter referred to as “Contractor.” The City and Contractor may be
referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the 31st day of December, 2026, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
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Professional Services Agreement for Professional Geographic Information System (GIS) Services Page 2 of 10
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
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
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Professional Services Agreement for Professional Geographic Information System (GIS) Services Page 3 of 10
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
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
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insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
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.
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c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
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.
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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 Gail Jorgenson, GIS Program Manager or such other individual as City
shall designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Robert Vander Meer, Vice President, State & Regional
Vertical Lead, or such other individual as Contractor shall designate in writing. Whenever
direction to or communication with Contractor is required by this Agreement, such direction
or communication shall be directed to Contractor’s Representative; provided, however, that
in exigent circumstances when Contractor’s Representative is not available, City may direct
its direction or communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
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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.
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
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instructing its employees and agents in safe work practices.
17. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
18. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
19. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
22. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
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23. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
24. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
25. Severability: If any portion of this Agreement is held to be void or unenforceable, the
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 31st day of December 2027.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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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, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Professional Geographic
Information Systems Services
(Revised)
CITY OF BOZEMAN, MT
DATE :
May 3, 2024
SUBMITTED BY:
John Garrido, Account Executive
Exhibit A
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Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will not
discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
because of actual or perceived sexual orientation, gender identity or disability and acknowledges and
understands the eventual contract will contain a provision prohibiting discrimination as described
above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s
employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby affirms it
will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and
has visited the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and has
read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
NV5 Geospatial, Inc.
NV5 Geospatial, Inc.
Robert Vander MeerVice President, State & Regional
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NV5 Geospatial – Professional Geographic Information Systems Services 1
May 3, 2024
City of Bozeman, Montana
Attn: Gail Jorgenson, GIS Program Manager
PO Box 1230
Bozeman, MT 59771-1230
RE: Proposal for Professional Geographic Information Systems (GIS) Services
Dear Ms. Jorgenson,
NV5 Geospatial, Inc. (NV5) is pleased to submit our proposal for the Professional Geographic Information
Systems (GIS) Services project detailed in the RFP. NV5 Geospatial has a long and outstanding history of
providing full-service geospatial solutions, and we are the largest singular provider of end-to-end geospatial
services and solutions in the U.S. NV5 Geospatial is the only firm to achieve a Platinum Partnership with
both Esri and Cityworks. NV5 Geospatial is willing to comply with all work requirements and other terms
and conditions specified in this solicitation.
Summation of Submittal and Unique Qualifications:
• Experienced and Trusted Partner – Since 2018, NV5 Geospatial has provided the City of Bozeman
services supporting GIS and Cityworks environments. Most recently, NV5 Geospatial was awarded
a 3-year contract with the City of Bozeman to provide GIS and Asset Management services and has
supported numerous tasks from this contract. We know that both timeliness and quality of work
are absolute prerequisites, and NV5 Geospatial has the necessary experience and the dedicated
staff waiting to offer quality professional services. We are proud to be a trusted partner for the City
of Bozeman—and, as such—can provide expert data knowledge and an extensive understanding of
the City's environment.
• Premier GIS and Cityworks Provider –NV5 is the only firm to achieve Platinum Partner status with
Cityworks and Esri for our engagement, experience, and contribution levels within both technical
communities. NV5 Geospatial also participates in Esri’s Partner Advisory (PAC) and CTO Councils,
where we can influence business and technical initiatives within Esri. This partnership status
allows our team to understand the intricacies of both environments, which will prove beneficial to
supporting the City of Bozeman’s roadmap and help optimize the City’s GIS environment well into
the future.
• Local, Unparalleled, Personalized Service – NV5 Geospatial is known for its unmatched,
personalized level of service across the country. We take an adaptive approach and understand
the importance of your objectives. Our Cityworks Solution Engineer and Group Lead, Haley Jurecki,
and several of our staff live in your community and have the knowledge and expertise to deliver
the results you need locally. Working closely together will turn this project into a huge success
story for your team and its users.
Please contact me at 909-645-9560 or john.garrido@nv5.com if you would like additional information. We
look forward to your favorable review of our proposal and working together to accomplish this project.
Sincerely,
John Garrido, Account Executive
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NV5 Geospatial – Professional Geographic Information Systems Services 2
Table of Contents
1.0 EXECUTIVE SUMMARY ............................................................................................................... 3
2.0 FIRM PROFILE ............................................................................................................................ 4
Esri Partnership ............................................................................................................................................. 4
Licenses and Certifications .......................................................................................................................... 6
Cityworks Platinum Partnership................................................................................................................... 6
Subcontractor Overview: VertiGIS ................................................................................................................ 7
Key Personnel ............................................................................................................................................... 7
3.0 SCOPE OF PROJECT ................................................................................................................. 10
Phase 1 – Needs Assessment & Roadmap .............................................................................................. 10
Phase 2 – Roadmap Implementation ........................................................................................................ 10
4.0 GENERAL AND TECHNICAL REQUIREMENTS ............................................................................ 11
5.0 RELATED EXPERIENCE WITH PROJECTS SIMILAR TO THE SCOPE OF SERVICES .................... 12
6.0 DESCRIPTION OF PROPOSED APPROACH TO THE PROJECT ................................................... 15
Phase 1 – Needs Assessment & Roadmap .............................................................................................. 15
Phase 2 – Roadmap Implementation ........................................................................................................ 19
7.0 PROPOSED SCHEDULE ............................................................................................................. 21
8.0 PRESENT AND PROJECTED WORKLOADS ................................................................................ 22
9.0 RECENT AND CURRENT WORK FOR THE CITY OF BOZEMAN ................................................... 23
10.0 REFERENCES ............................................................................................................................ 24
11.0 PRICE PROPOSAL FOR BOTH PHASE 1 AND PHASE 2 .............................................................. 25
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NV5 Geospatial – Professional Geographic Information Systems Services 3
1.0 Executive Summary
The City of Bozeman (the City) has a well-established enterprise GIS platform to support city staff,
leadership, and citizens in providing innovative visibility and insight into information about the community.
The technology platforms accommodate everything from internal operations and business processes to
analytics and visualization, offering improved transparency, increased accountability, and broad
collaboration.
The current implementation is based on the Esri ArcGIS Enterprise software stack with complementary
implementations of Cityworks, Geocortex (VertiGIS), and FME, among other systems. The deployment
landscape represents a robust landscape of synergistic enterprise solutions, which also require deliberate
maintenance and sustainment to provide continuous support to the user base. Keeping pace with
evolutions in the respective technology stacks requires a clear and thoughtful vision, which is a primary
reason the City has initiated the request for an assessment and roadmap.
Fortunately, NV5 Geospatial (NV5) has been performing such services and shaping the enterprise vision
for decades, supporting organizations ranging from local governments to the Federal government to
Fortune 500 companies. We are North America’s largest geospatial services firm, providing geographic
insights to government and corporate organizations that need geospatial intelligence to mitigate risk, grow
plans, better manage resources, and advance scientific understanding.
NV5 proposes a discovery-style engagement to the City centered on a two-day onsite workshop. Through
the workshop, we will gather information and learn about the City as an organization and the underlying
technology landscape. Within that context, we will develop a roadmap to advance and upgrade the current
platforms. Subsequently, NV5 will help the City undertake priority tasking identified via the roadmap
through a flexible and ongoing support block engagement.
NV5 looks forward to continuing our partnership with the City and helping to advance the enterprise GIS
program to support organizational needs now and in the future.
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2.0 Firm Profile
NV5 is qualified, prepared, and can deliver the services needed to achieve the
City's contract objectives. We are North America's largest geospatial services
firm, providing geographic insights to clients who need geospatial intelligence
to mitigate risk, grow plans, better manage resources, and advance scientific
understanding.
Our client base includes local, county, state, regional, and federal agencies and many of North America's
top engineering and industrial firms. Our GIS staff consists of an experienced Team of Certified Project
Management Professionals, Scrum Masters, Scum Product Owners, GIS Professionals, Analysts, and
Developers organized to deliver GIS Software Solutions and Services based on client-specific needs.
Our client-focused Teams are supported by a deep corporate bench skilled with geospatial technology and
trends, including Enterprise Architects, Solutions Architects, Solutions Engineers, Geospatial Analysts, and
more, working across 100+ offices in the United States.
We lead the nation as the only end-to-end geospatial solutions provider capable of delivering the highest
quality data and geographic insights. We combine unmatched expertise and experience with the latest
technology and proprietary software to map and analyze all types of terrain. We have mapped millions of
square miles of imagery and lidar throughout the United States. But we are so much more than what we
measure.
We also lead our peers in innovation and actively participate in the research community, constantly
exploring new and novel ways to solve our client's most significant challenges.
We empower our clients to solve challenges using the full spectrum of geospatial and IT services and
solutions, which include enterprise GIS design and implementation, GIS-centric asset management
(Cityworks), extensive data services, geomatics, business solutions, cloud services, infrastructure security,
analytics, and professional services. Customers include local, state, and national government, defense and
intelligence, infrastructure, utilities, energy, airports and ports, and commercial and environmental
customers.
With a mapping and survey heritage dating back to 1969, NV5 (via NV5 Geospatial and Axim Geospatial,
an NV5 company) is dedicated to embracing its legacy traits of flexibility, creativity, innovation,
responsiveness, partnership, and client satisfaction as well as on time, first time right products, which has
defined our success. In 2019, NV5 Geospatial was acquired by NV5 Global, headquartered in Hollywood,
FL, further securing our longstanding history of providing quality services to our clients. In February 2023,
we announced NV5's acquisition of Axim Geospatial as a wholly-owned subsidiary. Now comprised of over
750 Geospatial-dedicated employees, NV5 is ready to support the City with all aspects of your geospatial
needs and build upon our 6-year relationship with the City.
Esri Partnership
NV5 is one of only 18 firms globally that have
attained the level of Esri Platinum Partner. Less than
1% of Esri partners worldwide have achieved this
highest tier of distinction. We have been an Esri
Business Partner for 30 years and continuously maintain alignment with their vision and initiatives. We have
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preferential pre-release knowledge transfers on new technology and access to the Esri product teams with
premium support. NV5 sits on the Esri Partner Advisory Council (PAC) and through this relationship, NV5
gains insight into and influences Esri technical trajectories in advance of public release. This insight allows
NV5 to help clients navigate upcoming changes to take advantage of new capabilities.
In addition to Platinum Partnership, NV5 has achieved Esri specialty status for several solutions and Esri
product areas:
State and Local Government Specialty. This specialty is awarded
to partners that specialize in, and have a substantial track record
of success with, the development and configuration of ready-to-
use solutions for local and state government clients.
ArcGIS System Ready. Awarded to partners that adopt the latest
Esri technology, migrate their offerings in a repeatable practice,
and have a well-trained staff to support the latest Esri software
releases.
Other Specialties of Note:
ArcGIS Indoors. A complete indoor mapping system for connecting
workspaces with employees and visitors.
ArcGIS Cloud Services. With the maturity of business systems
comes a need for flexible and agile cloud environments and hybrid
environments for business continuity and resiliency.
ArcGIS Utility Network Management Extension. GIS-based network
management for utilities, the new Utility Network (UN)
management tool provides more functionality, added flexibility and
advanced access to data. NV5 is the first Esri partner to receive the
UN partner specialty designation for water utilities.
ArcGIS HUB. A community engagement platform that organizes
people, data, and tools through information-driven initiatives.
Our Esri Platinum Partnership provides significant benefits for our clients, including enhanced professional
services and industry knowledge, which offers NV5 a level of premium support to elevate technical requests
that other companies cannot access. We have regular interfaces with the Esri Product and Professional
Services Team to share experiences, discuss best practices, help define upcoming capabilities, and gain
insight into new technologies that will soon be available for public consumption.
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Licenses and Certifications
Table 1. NV5 Team Licenses and Certifications
Certification Type # of Employees
Professional Licensure /
Certification
GIS Professional (GISP) 37
Professional Surveyor (PS)/Professional Land Surveyor (PLS) 13
Project Management Professional (PMP) 20
Esri Certifications
Esri ArcGIS Desktop Associate (EADA) 2
Esri ArcGIS Desktop Professional (EADP) 5
Esri Enterprise Administration Associate (EEAA) 2
Esri Enterprise Administration Professional (EAEP) 1
Esri Enterprise Geodatabase Management Associate (EGMA) 1
Esri Enterprise Geodatabase Management Professional (EGMP) 2
Esri System Design Associate (ESDA) 1
Esri Web Application Developer Associate (EWDA) 3
CompTIA CompTIA Security+ 35
Information Technology
Infrastructure Library ITIL Foundation Level 1
Amazon Web Services AWS Certified Cloud Practitioner 4
AWS Certified Solution Architect - Associate 1
Microsoft Azure Certification 3
Oracle Oracle Certified Associate 2
Others
Certified DevSecOps Professional 1
Professional Scrum Master 5
Certified Scrum Product Owner 1
As our customers’ needs have expanded beyond purely Geospatial and Data Capture services, our service
offerings have evolved in parallel to include such things as Geospatial Cloud Services (cloud migrations,
conversions, and ongoing services) which support 20+ active clients, including Harry Reid International
Airport, Hartsfield-Jackson Atlanta International Airport (HJAIA), and Port of New Orleans. Many of our
customers rely on NV5 to proactively manage these environments following deployment. In fact, NV5 was
recently recognized with an Implementation Award for Exceptional Achievement at the 2023 Esri Partner
Conference. NV5 staff are experienced and maintain key certifications across all major cloud platforms.
NV5 is also an industry leader in location-based asset management planning, design, and implementation
as well as integrations with EAM and GIS. Our staff have added value to existing asset management/work
order systems through seamless integrations with third-party systems, including financial, HR, and other
related business systems.
Cityworks Platinum Partnership
NV5 is a Cityworks Platinum Partner and has been providing a GIS-
centric approach to enterprise asset management implementations,
upgrades, and support. NV5 has been working with Cityworks since
before the first release of Cityworks Server – which represents the
contemporary version of the software and the platform against which Cityworks has directed the bulk of
recent development efforts. NV5 has been an official Cityworks Implementation Business Partner since
February 1, 2013, however, our experience providing Cityworks related implementation services dates back
to 2008. In July 2017, just four years after establishing our partnership with Cityworks, NV5 reached the
highest tier available, becoming the only firm to hold a Platinum status with both Cityworks and Esri.
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Subcontractor Overview: VertiGIS
VertiGIS North America (VertiGIS) features over 100 employees in the
US and Canada, with 600 VertiGIS employees worldwide. VertiGIS is a
collection of world-class geospatial technology companies brought
together under a single private company. Like VertiGIS North America, these companies have been building
industry-leading geospatial solutions for decades.
VertiGIS is one of just a few Esri Platinum Business Partners, which puts us among the top Esri partners in
the world. Our staff are among the most experienced in deploying and configuring ArcGIS software and
building powerful mapping applications with our VertiGIS Studio software. As such, VertiGIS is well
qualified to deliver the requirements detailed in the City’s RFP using our own experienced staff who have
unparalleled knowledge of our VertiGIS Studio software suite.
Key Personnel
To support the proposed services, the NV5 Team will assign two senior technical experts as key personnel
who to facilitate the Phase 1 Needs Assessment and Roadmap. The true strength and value NV5 offers,
however, is the depth and breadth of the team who will support our key personnel. The following diagram
illustrates just part of the team available for collaboration to help ensure the resulting vision and
implementation plan is thorough and accurate.
Steve Mulberry, Senior Esri Solutions Architect, will lead this project to support the core GIS and Cityworks
visioning, starting with a 2-day onsite discovery workshop. During this time, they will discuss system
architecture, deployment patterns, data management, associated workflows, and Enterprise GIS Adoption
pattern review. Once the discovery is completed, Steve will be leading the roadmap development process
and finalize a written deliverable that will be presented to the City and its leadership.
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Pedro Oliveria will support the portion specific to VertiGIS Software and solutions. This will include
discovery workshops in tandem with Steve to help plan for a transition of the Geocortex platform. Pedro
will provide the City with a proposed application architecture diagram after the assessment. Once accepted,
a migration plan will be implemented to support implementation, training, and maintenance.
Steve Mulberry, Sr. Esri Solutions Architect
Technical Expertise
• Esri ArcGIS
• Systems Design and Architecture
• Application Design and Architecture
• Systems Integration
• Web Development and Design
• RDBMS Design and Architecture
• Geospatial Data Design
• Spatial Analysis
• Geoprocessing
Experience
33 years
Education
BS/Cartography
Certification
• Esri Certified Enterprise System Design
Associate
• AWS Certified Cloud Practitioner
Steve is responsible for conceptualizing and engineering enterprise GIS systems. He provides technical
oversight for NV5 business units with integration and deployment of location intelligence solutions running
on industry standard platforms, business systems, and enterprise database management environments;
consults directly with solution architects and program managers supporting business development and
project execution activities; also leads client engagements by demonstrating technical capabilities and
determining functional requirements, systems, and application architecture design and development for
specific project engagements.
Steve has experience working with large organizations on system-wide deployments of Enterprise GIS to
support oil and gas distribution (SCADA, Pilot Patrol), electric distribution (Transmission) waste
management (Logistics, Work Order Management), Real Estate (System Integration, One View App),
Financial (Business Continuity, Big Data).
Steve sits on the Esri CTO council to help influence the future of ArcGIS and advocate for product and
technology enhancements to better enable the development of partner offerings and solutions.
Project Experience
• Evoenergy ActewAGL Cityworks and GIS Healthcheck (Canberra, Australia - 2024): NV5 was
selected by Evoenergy to help optimize their location-based, enterprise platform. This was done
through an immersive and comprehensive assessment of the technology landscape that is
associated with their business processes. NV5 provided onsite discovery workshop and system
health check. Steve was the technical resources assigned to assist given his expertise in enterprise
GIS. Following the onsite engagement, Steve compiled his observations into a written deliverable
that included several recommendations to help support Evoenergy’s overall vision and strategy for
their enterprise GIS.
• MnDOT District 7 Asset Inventory Update (District 7, Minnesota - 2021): NV5 was selected by
MnDOT to deliver a new and accurate district‐wide inventory of MnDOT owned signs in District 7
on approximately 3,238 lane miles of trunk highway. NV5 worked with MnDOT to identify all
centerline miles, ramps, and local legs of intersecting MnDOT routes that need to be collected in
order to provide MnDOT with a complete inventory of District 7. Steve created an interactive, Esri-
based dashboard that was used as a project management tool to report collection and extraction
progress in real-time to the client.
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• TrueNet Mobile Lidar Mapping (Ontario, Canada Providence - 2021): NV5 was selected to provide
TrueNet Communications with mobile lidar and 360-degree imagery acquisition and data
extraction services to support approximately 100 miles of fiber optic design build in Ontario,
Canada. NV5 deployed a field crew equipped with a Maverick mobile lidar sensors and 360-degree
imagery Ladybug cameras, executed GPS post-processing of the data, and completed subsequent
extraction of 14,575 assets. Steve created an Esri-compatible, web-based data visualization tool,
which allowed the user to access 360 imagery and lidar point clouds. The user is able to play
through the imagery and view point cloud associated with each image. Steve provided 15 user
licenses and hosted the data for 6 months at TrueNet’s request.
Pedro Oliveria, Developer
Pedro brings a strong background in software development to every project he works on, with more than 8
years of experience working in software and application development. Since joining VertiGIS in 2015, he
has been part of VertiGIS' most significant data-driven projects that marry Esri products and VertiGIS
software. Along with his extensive expertise working on back-end security providers, Pedro specializes in
front-end user experiences that drive real-time displays of complex indicators, charting requirements, and
data configurations.
Project Experience
• Oregon and Roanoke Forestry, Roseburg Forest Products (2022-2023): Acting as Team and Tech
Lead, Pedro led the VertiGIS team as they built Roseburg’s VertiGIS Studio Mobile applications
which were used to monitor and calculate forestry resources and view the company's assets. The
mobile capabilities allow field workers to operate with no network and sync data when going back
to base.
• Walmap Pro, Walgreens (2021-PRESENT): Built previously by VertiGIS, the Walmap application
was modernized using the VertiGIS Studio Web framework and a full ArcGIS Enterprise
implementation on Azure servers. Pedro was integral to the development of the end solution which
resulted in a powerful asset manager supported by constant ETL (extract, transform, load)
processes to update the underlying data. Following successful conversion and deployment, Pedro
continues to enhance and maintain the system with new processes and tools for the end-users to
enjoy.
• Wellbeing Toronto, City of Toronto (2020): Using the new VertiGIS Web framework, Pedro
developed a data-driven solution to Wellbeing Toronto, consisting of a real-time display of
hundreds of indicators throughout Toronto’s neighborhoods. With calculations done on the fly,
users can create and configure their own indicators and see custom data relevant to their interests.
Using a new paradigm of data hosted in ArcGIS Online, the solution is completely cloud-based and
client-side.
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3.0 Scope of Project
The requested scope of the RFP spans two phases, including an assessment and visioning component and
subsequent implementation support. The following content summarizes the proposed scope of services,
which are further described in Section 6.0 Description of Proposed Approach to the Project.
Phase 1 – Needs Assessment & Roadmap
The needs assessment and roadmap development phase will center on an onsite workshop to gather
information and learn about the technical landscape and supporting processes, which will then directly feed
into the recommendations and visioning captured in the roadmap deliverable.
Deliverables
• Online User Surveys
• Discovery workshop final agenda
• 2-day onsite workshop
• Roadmap document outline
• Draft roadmap
• Roadmap overview and orientation
• Budgetary references for up to three prioritized projects
• Final roadmap
Phase 2 – Roadmap Implementation
The second phase is intended to support implementing projects outlined in the roadmap document based
on priorities established by the City. Before performing the needs assessment discovery workshops and
developing the roadmap, NV5 Geospatial cannot definitively identify the scope and associated effort
estimates to support implementation. As such, we propose a support block engagement as a powerful yet
flexible option for the City to advance the vision.
Deliverables:
• Time and materials (T&M) support block
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4.0 General and Technical Requirements
As an assessment and planning exercise, the development of the roadmap does not have explicit technical
requirements. Instead, the general requirements are more organizational and logistical, such as:
• The City will have a central location and adequate space to support the onsite discovery workshops
• The available space will have basic collaborative infrastructure, including a whiteboard, Wi-Fi,
projector, etc.
• The City will identify and coordinate staff participation in the workshop meetings
• Staff participating in the workshop meetings will have the knowledge and authority to provide
inputs that shape the technical vision
• City project leadership will be responsible for distributing draft content and
aggregating/reconciling feedback
The implementation phase, of course, is likely to have a series of technical requirements associated with
the prioritized tasks, but that will be determined at the time tasks are authorized. Prior to that time, the
following represent high-level technical requirements that may be applicable:
• Adequate software licensing will be available and provided to support all phase 2 tasking
• Software versions will remain static as changes or upgrades are made to the host infrastructure
• Solution configurations will remain static as changes or upgrades are made to the underlying
software environment
• Infrastructure, software, and data changes may be suspended during a mutually agreed
maintenance window to support production releases
• Software versions identified as the target for an upgrade will not change unless mutually agreed
upon
• As necessary, administrative credentials will be provided to support phase 2 activity
• Sufficient infrastructure will be provided to meet documented minimum requirements
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5.0 Related Experience with Projects Similar to the Scope of
Services
Cityworks & GIS Healthcheck
Evoenergy provides gas and electric energy service to >200,000
customers spanning an area in Canberra and the surrounding region
of southeast New South Wales. To do so safely and reliably,
Evoenergy has adopted an extensive technology landscape.
Location technology (GIS) and Cityworks (work and asset
management) are central among the operational tools, facilitating
day-to-day business process and integration with other enterprise
platforms.
To help optimize the location-based, enterprise platforms,
Evoenergy contacted NV5 Geospatial to help perform an immersive
and comprehensive assessment of the technology landscape and
associated business processes. NV5 Geospatial was charged with
evaluating the respective technology deployments, functional adoption, and user experience to feed into
an assessment of programmatic health and maturity and support a five-year roadmap.
To do so, NV5 Geospatial collaborated with Evoenergy project and technical leadership to design an
extended onsite discovery workshop and system health check. The initial discovery exercise was supported
by multiple NV5 Geospatial technical resources with expertise in enterprise GIS and Cityworks
implementations. Over a period of five-weeks, the team conducted interviews, brainstorming sessions, and
working groups to learn and understand the organizational requirements and constraints underlying the
current deployment and configuration profiles.
Although some suggestions and corresponding adjustments were offered throughout the onsite exercise,
the primary value of the project was represented in a written deliverable to systematically capture
observations, recommendations, and vision. NV5 Geospatial developed the deliverable by parsing through
notes and documentation to distill actionable recommendations that would help advance the enterprise
programs and enhance adoption by improving the user experience. The document was shared with
Evoenergy staff periodically to not only validate the structure, but to incrementally solicit feedback on the
content to confirm accuracy and resonance.
Following the iterative review and deliverable acceptance process, NV5 Geospatial transitioned from the
initial discovery phase to a support services arrangement through which the team has helped implement
priority recommendations. The support phase is an ongoing partnership between Evoenergy and NV5
Geospatial.
Contracting Consultant
Evoenergy ActewAGL
Canberra, Australia
Kerryn Patterson
+61400606007
kerryn.patterson@
actewagl.com.au
Period of Performance
07/2023-01/2024
Contract Value
$380,700
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GIS Envisioning Workshops
The Metropolitan Airports Commission (MAC) was established to
provide exceptional airport experiences in the Twin Cities region by
leveraging sustainable business practices and contemporary
technology, including a robust enterprise GIS program and
Cityworks implementation. NV5 Geospatial has been working with
MAC to support, maintain, and expand the respective platforms
since 2018, however, in 2023 MAC communicated an interest to Esri
to establish a technology roadmap. Given the deep and ongoing
partnership with NV5 Geospatial, both Esri and MAC expressed a
desire for NV5 Geospatial to participate and collaborate through a
series of onsite workshop sessions.
For MAC, the investment in the Esri software stack has effectively
empowered enterprise workflows and supported diverse business
processes. To confirm continued efficacy and support, MAC
understood that that maintenance and sustainment, though
necessary, would not adequately position the organization for future demands. The roadmap is intended
to provide a vision and a corresponding action plan.
NV5 Geospatial engaged with MAC in collaboration with Esri to perform a discovery workshop through
which MAC staff were able to offer insights, observations, and requirements of the system The workshops
focused on the broad capabilities of the enterprise GIS program, but also included a deeper dive into the
deployment and management of Cityworks as a complementary technology. MAC has adopted both
Cityworks AMS and PLL as a functional extension of the GIS capabilities. Cityworks AMS supports airside
operations and the landside trades workers and PLL is used for permitting the use of cranes at all MAC
airports.
The information captured from the workshops was interpreted and transformed into a roadmap that
included observations, assessments, recommendations, and the roadmap. The observations included
challenges and strengths as context for the adoption and current patterns of for both functional areas of
focus and thematic/departmental opportunities. The recommendations highlighted the keys to success
and outlined associated priority and sequencing with a supporting outline of the corresponding steps and
responsibilities, addressing strategy, data, governance, training, and engagement. The roadmap outlined
core activities and relative timelines to serve as a guide for MAC.
Based on our partnership with Cityworks and long experience with MAC to facilitate the work, asset, and
permit management programs, NV5 Geospatial was able to provide deeper and more specific vision and
recommendations to further complement the overarching recommendations. The result was a
comprehensive and cohesive plan of action in alignment with the MAC mission.
Contracting Consultant
Metropolitan Airports
Commission
Minneapolis, MN
Chris Marquardt
(612) 713-8788
chris.marquardt@
mspmac.org
Period of Performance
11/2023-02/2024
Contract Value
Performed via the NV5
Platinum Partnership with
Esri
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GIS HealthCheck
The City of Belmont, CA is located within San Mateo County and is
home to a population of roughly 28,000. To better serve their
community, the City has invested in their GIS department to assist
departments and disciplines, including Technology, Senior
Management, Public Works, Parks and Recreation, Community
Development, and Public Safety. Given the critical importance of GIS
to support these departments, the City requested that NV5 perform
a GIS HealthCheck to assess the system and establish a vision for
advancement.
In September of 2021, NV5 met with individuals representing the
diverse stakeholder groups to discuss business needs and
associated requirements from the enterprise GIS platform. The information gathered allowed NV5 to
assess the current state of the GIS within the City and each department. In doing so, NV5 was able to
assess the various adoption patterns spanning the participating groups and identify technology
constraints, dependencies, and pain points. Through this process, NV5 was able to communicate critical
success factors to guide the City toward a more optimized deployment to streamline adoption, utilization,
and overall programmatic success.
Prior to the HealthCheck, GIS was supported by the Information Technology department with limited use
by other departments and a generally decentralized organizational structure. The HealthCheck provided a
consolidated assessment of business requirements, key workflows, and information products, which
revealed options for the City to enhance and extend delivery of high-quality location technology services all
customers, both internal and external.
Following the HealthCheck conversations and interviews with the City departments, NV5 compiled and
distilled the information gathered into a summary document to include a summary of observations and
actionable recommendations designed to help address organizational challenges. The recommendations
were organized and prioritized into short-, mid-, and long-term initiatives to allow the City to make
incremental and demonstrable progress.
Contracting Consultant
City of Belmont, CA
Jason Eggers
(650) 598-4206
jeggers@belmont.gov
Period of Performance
09/2021-11/2024
Contract Value
$50,00
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6.0 Description of Proposed Approach to the Project
Phase 1 – Needs Assessment & Roadmap
NV5 has long provided assessments and roadmaps for enterprise GIS programs for government agencies
(local, state, and federal), utilities, and private organizations to help gauge the maturity and efficacy of
adoption. The engagements are designed to provide overarching and specific technology
recommendations to offer a viable path for technology sustainment and advancement. Additionally, as a
Platinum Business Partner with both Esri and Cityworks and holding formal partnerships with VertiGIS
(Implementation Partner) and Safe Software FME (Service Partner), our experience and expertise are well
aligned with the core scope elements of the RFP.
Approach
The NV5 approach to assessing and developing roadmaps is based on a proven, discovery-style
engagement to systematically explore technological and organizational characteristics, requirements, pain
points, and opportunities. Through the discovery process, we will facilitate discussions with designated
stakeholders to gather information about the current GIS environment and the patterns of utilization and
adoption that provide operational context for recommendations.
NV5 proposes facilitating the core discovery workshop with a Sr. Solutions Architect familiar with the Esri
software stack and the corresponding best practices for system design and deployment pattern.
Additionally, we have partnered with VertiGIS to support the assessment and planning for the transition
from Geocortex to VertiGIS Studio.
Following a collaboratively finalized agenda and schedule tailored to the City, we will review the current
system in the form of demonstration/orientation by City staff supplemented by interviews, brainstorming,
and whiteboarding. The primary intent of the proposed process is to allow the NV5 team to learn and
understand the technology landscape and underlying business patterns so that we can distill observations
with the most appropriate perspective.
This discovery process is best accomplished through a face-to-face engagement to drive a more dynamic
and immersive interaction. Accordingly, we propose that the core service for Phase 1 be centered on an
onsite workshop hosted at City facilities.
Preliminary Stakeholder Surveys
To support the initial information gathering from stakeholders, NV5 will leverage a series of online user
surveys (up to four) via the Esri Survery123 platform. The surveys will be crafted in collaboration with City
staff to target the desired stakeholder groups, including the General Public, Development Community,
Internal End Users, and Internal Super Users.
To maximize response rate and input, the surveys will be as concise as feasible and reasonable, though
the survey questions will vary in quantity, specificity, and technical depth. Likewise, the surveys will be
heavily skewed toward questions with a predefined list of potential responses (e.g., dropdown lists, radio
buttons) to standardize inputs for effective analysis.
Each survey will be released by NV5 to the City who will communicate or broadcast the link along with a
request for responses to the desired audience. The surveys will, necessarily, be open for a designated
period of time, which will be collaboratively determined, but which is anticipated to not exceed two
consecutive business weeks.
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Information collected via the surveys will be aggregated and reviewed in advance of the Discovery
Workshops. Likewise, the results will be shared with the City for persistent reference.
Deliverables:
• Up to four online surveys (Survey123)
o One high-level/simple (Public)
o Two moderate (Development Community, End Users)
o One technical (Internal Super Users)
• Raw survey results
Discovery Workshop
The proposed workshop will span two consecutive business days, focusing on host system architecture,
enterprise system adoption and trajectory, data workflows, and automation, among other topics that may
arise through conversation. NV5 and VertiGIS staff will support some sessions together collaboratively,
whereas others will be funded independently, as appropriate to the topic.
As referenced, the final list of topics and agenda will be determined collaboratively as part of project
initiation, but the following represent the anticipated core areas of focus:
• System Architecture & Deployment Pattern Review – Understanding the current system
architecture and deployment pattern for the enterprise GIS and related platforms (e.g., Cityworks,
Geocortex/VertiGIS, FME) establishes context through which subsequent discussions may be
facilitated or interpreted.
• Data Management & Associated Workflows – Data is ultimately the engine that powers enterprise
systems, creating the value and insights that justify investing in the technology. Data management
and the associated workflows and integrations or automations determine data integrity, quality,
and distribution, which directly affects the efficacy of a program.
• Enterprise GIS Adoption Pattern Review – Just as system architecture provides context to the
enterprise backbone, understanding adoption patterns offers insight into utilization, demand,
dependency, and more. And, of course, the adoption pattern of enterprise GIS extends to the same
related platforms that empower location technology for the City (Esri, Cityworks,
Geocortex/VertiGIS, FME).
• Staffing & Governance – As with all effective enterprise systems, the understanding and
implementing a robust technology backbone is essential, but so too is ensuring effective
programmatic management, which is represented by staffing plans and a governance framework.
The workshop will include interviews and discussions with participants identified by City project leadership.
Each session is typically one to two hours long, and City staff participation in any given session may vary
by topic. However, we highly recommend limiting involvement to only three to five people who can
authoritatively represent the identified topic(s). In our experience, we have consistently seen that a larger
group tends to result in more discussion internal to the participants about different perceptions
of who, what, why, and how the current configuration or adoption evolved, which can detract from definitive
or insightful progress against the topic.
Deliverables:
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• Discovery workshop final agenda
• 2-day onsite workshop (NV5)
• Up to 8-hours of remote workshops (VertiGIS)
Roadmap Development
Following the discovery workshop, the NV5 team will begin to distill and digest the inputs, observations,
and documentation compiled during the onsite exercise. Among the first activities will be to formulate an
outline of the roadmap document, which will be shared with City project leadership for review and approval.
With a mutually agreed upon document framework established, the NV5 team will begin translating source
information into the respective sections to summarize our observations as the context that underlies our
recommendations. The core content of the roadmap, however, will be the vision, recommendations, and
plans associated with the path forward for the technology suit comprising the enterprise GIS program.
Each discovery-style engagement we perform is designed to be dynamic and adaptive so that we can
collectively pivot the focus to priority areas, which are sometimes revealed by conversation rather than
planned in advance. With that said, we understand the areas of interest to the City for the roadmap center
on the following:
• Enterprise GIS (Esri) Stack – Plan to modernize within the context of evolving industry best
practices to achieve performance, security, stability, scalability, and accessibility goals with a
complementary perspective on adoption, to include a training paradigm for the City.
• Cityworks Enterprise Asset Management – Evaluate the deployment and establish a path toward a
Respond-centric adoption at version 2023, to include consideration of the primary technical and
functional dependencies, such as a transition to the updated reporting engine.
o Core Software Updates: Outlining an implementation pathway and plan for the upgrade to
version 2023, including consideration of sequence of events.
o Dependent Systems: Identify dependent systems, including integrations, automations, and
third-party solutions impacted by the upgrade that require resolution/remediation.
o Respond Adoption Strategy: Evaluate interface modification requirements, document
transition from Inboxes/Saved Searches to Dashboards/Saved Queries.
o Active Reports Conversion: Identify and prioritize reports that require migration based on
parameters such as utilization and complexity.
o Knowledge Transfer & Training: Document requirements and preferences to transition
users between the legacy and new interfaces and associated platform behaviors.
• Geocortex Deployment – Plan for a transition of the GIS-based web presence from the legacy
Geocortex platform/version to VertiGIS Studio Web with the associated impacts to content
management and publication.
o Prerequisites: Identifying prerequisites and confirming they are met is critical to a
successful implementation. Prerequisites can be technical, such as the minimum
supported version of ArcGIS Enterprise, or business-related, such as buy-in from
management and users.
o Implementation Plan: The implementation plan will provide a high-level breakdown of tasks
required to successfully migrate the City to VertiGIS Studio.
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NV5 Geospatial – Professional Geographic Information Systems Services 18
o Training Plan: The NV5 team will provide a recommended training plan to help maximize
their investment in VertiGIS Studio.
o Maintenance Plan: The NV5 team will provide a recommended software maintenance plan
to make sure VertiGIS Studio systems are kept up-to-date.
• Data Automation – Consideration for the workflows and scripts that underlie the flow of data
between systems for persistence and efficacy.
• Programmatic Management – Guidance related to scalable staffing and governance strategies to
support the organizational vision.
o Staffing: Outline of requisite positions, skills, and potential sequence of onboarding for the
team as well as the distribution of staff across stakeholder groups.
o Governance: Description of recommended organizational structures within which the
enterprise GIS will be facilitated by staff, such as steering committee, advisory council,
change/configuration management board, standards oversight, and user group(s).
Before our collaboration with the City and before the workshop, the NV5 team envisions the roadmap
organized broadly into sections or categories aligned with the primary topics listed above. The
conversations will inform the details and nuances of each section and the path outlined in the workshop.
The team will identify a temporal element to the roadmap recommendations, typically represented by short-
-, mid-, and long-term.
We will share a draft of the roadmap document with City project leadership for internal distribution, as
appropriate. The NV5 team may share individual content sections incrementally, depending on how the
roadmap document development unfolds, but the City will have an opportunity to review the
recommendations and offer feedback. Feedback from the City will be consolidated into a single artifact,
and any conflicting observations will be reconciled before delivery.
The NV5 team will provide a one-hour, remote overview of the roadmap document to orient City project
leadership and facilitate a high-level summary discussion around prioritized initiatives or projects resulting
from the vision. Following the City review and identifying prioritized initiatives, we will develop budgetary
reference points for up to three projects. The budgetary reference will not represent a proposal but will
support City planning and decision-making concerning an action plan related to the roadmap findings.
The NV5 team will incorporate feedback from the City into a refined and finalized version of the roadmap,
along with the budgetary references and bulletized scope, within 10 business days of receiving the
feedback. Phase 1 will be considered complete after the final roadmap document's delivery.
Deliverables:
• Roadmap document outline
• Draft roadmap
• Roadmap overview and orientation
• Budgetary references for up to three prioritized projects
• Final roadmap
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NV5 Geospatial – Professional Geographic Information Systems Services 19
Phase 2 – Roadmap Implementation
Within Phase 2 of the RFP, the City is looking for support with implementing activities and processes
identified in the Phase 1 discovery, which is thoughtful and strategic. The challenge is that before
performing the Phase 1 discovery workshop and roadmap development, the NV5 team cannot be sure of
the number, type, and complexity of potential initiatives or where City staff may wish to undertake some of
the efforts internally.
Within that context, the NV5 team recommends a flexible strategy for Phase 2 that can accommodate
initiating tasks at the discretion and prioritization of City project leadership while planning for projects or
initiatives that require a more significant budgetary allocation. We propose to include what we refer to as
a support block.
Support blocks are time and materials (T&M) engagements with a specified budget but without a defined
scope of work. Instead, within the support block, we identify functional objectives, which, in this case, would
align with activities from the roadmap. Tasking is authorized at the discretion of the City through planning
conversations with NV5 to review estimated effort (allocation of support block dollars) and timeframe to
complete.
The support block can be used for any task to support the advancement of the GIS-based enterprise
platforms, whether in technical expertise or additional resources and capacity. Through our support blocks,
the NV5 team becomes an extension of City staff working collaboratively and independently to achieve City
technical goals.
How Do GIS Support Blocks Work?
As mentioned, a support block is a T&M contract with no pre-defined or obligated tasking. Task estimates
will be provided as reasonable and feasible. Still, the numbers provided are estimates based on the best of
our knowledge, experience, and insight at the time and do not represent a guarantee of completion within
the specified time.
All time related to our activity with the City will be tracked, recorded, and reported in minimum intervals of
15 minutes (0.25 hours). This includes the effort required to discuss, design, consult, estimate, plan,
manage, execute, and support various tasks by any NV5 staff member working on the support block, which
includes periodic and recurring meetings to review status and identify future tasks. The team is diligent
about and deliberate with client budgets to make certain that we deliver value that will support a lasting
relationship. We will communicate deviations from estimates as early as possible.
NV5 will undertake tasks that have been prioritized and authorized by logging the request and getting our
staff aligned and assigned. We understand that response timeframes are essential and will queue tasking
as appropriate. In some cases, this means rapid response may be required, but in most cases, we will queue
the tasks into our planned work to be addressed as the appropriate resources are available, generally two
to four weeks from request.
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NV5 Geospatial – Professional Geographic Information Systems Services 20
Functional Objectives
Although a support block does not have explicit scope, we always aim to identify functional objectives to
confirm the collective team has direction and shared vision. The roadmap will be the source of the
functional objectives with prioritization from the City.
As before, in advance of performing the discovery and developing the roadmap, NV5 cannot know the
specific set of objectives or the local and nuanced technical factors that will affect estimated effort, but
from the RFP we recognize interest in the following:
• Enterprise GIS (Esri) Modernization
• Cityworks Enterprise Asset Management Upgrade
• Geocortex Deployment Upgrade
• Data Automation Persistence & Optimization
• Standard Operating Procedure (SOP) Development
• QA/QC Plan Development
• Training Plan & Material Preparation
For purposes of this RFP, NV5 has included a support block in the pricing section that we believe will allow
to begin supporting the City with task areas of interest. Additional support will be available at the discretion
of the City based on budgetary estimates and priority initiatives through a subsequent project(s).
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NV5 Geospatial – Professional Geographic Information Systems Services 21
7.0 Proposed Schedule
The graphic outlined below is intended to convey a potential timeline for implementation and a high-level
outline of the tasks and sequence of events. The final schedule and corresponding agenda would be
determined collaboratively.
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NV5 Geospatial – Professional Geographic Information Systems Services 22
8.0 Present and Projected Workloads
NV5 Geospatial operates in three major market sectors: Federal (civil & D&I), State / Local, and Commercial.
Full-time equivalent (FTE) staffing requirements through 2024 are based on 93% staff utilization estimates.
Staff assignment to a segment is based on FTE-to-revenue requirements and/or forecasting. NV5
Geospatial alone has more than enough resources to meet scheduled timelines throughout this contract
with the City.
Figure 1. Employee distribution in the various markets in which NV5 Geospatial provides services. State/Regional
personnel would support the City’s contract. Flex Staff indicates those staff who can support across multiple markets.
Depicted above is a projected workload matrix that compares the production periods from 2024 through
2026, adjusted to account for an approximate 3% growth through those years to showcase our capacity.
NV5 Geospatial’s successful work history demonstrates our ability to schedule people and equipment to
certify that we maximize critical periods. Also, NV5 Geospatial consistently and routinely handles a large
volume of multiple simultaneous tasking on very tight schedules.
Our experience, knowledge, and capacity have allowed NV5 Geospatial to support large, multi-year, regional
consortium contracts and a myriad of other states, local and federal agencies; universities; Non-
Governmental Organizations (NGOs), and the private sector. Our established success as a Prime contractor
on these programs demonstrates our commitment to meeting budgetary and schedule demands.
291 308 320
78 83 86
167 182 189
268
326 339
77 81 82
2024 2025 2026
NV5 Geospatial Workload Matrix
Federal Civilian Federal D&I State & Regional Commerical Flex Staff
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NV5 Geospatial – Professional Geographic Information Systems Services 23
9.0 Recent and Current Work for the City of Bozeman
NV5 has worked with the City of Bozeman since 2018 to support enterprise GIS, Cityworks, and FME. In
that time, the team has supported nine (9) projects for total awarded value of almost $140,000. These
projects included FME Support, Report Development, Report Modification, SQL Support, Custom
Development, Dashboarding, and much more. The following table summarizes our recent contracts with
the City:
Table 2. Recent Work for the City of Bozeman
Project Title Start Date End Date Funded Value
Image Server 04/18/18 10/19/18 $11,500.00
Bozeman Cityworks PLL Remote Training 09/11/20 09/13/21 $4,925.00
Bozeman SPPT BLK 21 12/22/20 06/30/21 $19,280.82
Bozeman SPPT BLK 22 09/14/21 07/01/22 $30,401.39
Bozeman, MT - SPPT BLK 23 (TO1) 02/07/23 02/07/24 $19,999.98
Bozeman, MT - SPPT BLK 23 (TO2) 04/03/23 04/03/24 $14,976.30
Bozeman, MT - SPPT BLK 2023 (TO3) 05/30/23 05/30/24 $7,976.56
Bozeman, MT - SPPT BLK 2023 (TO4) 06/07/23 06/30/24 $4,999.98
Bozeman, MT - SPPT BLK 23-24 (TO5) 08/01/23 08/01/24 $25,000.00
Additionally, NV5 partner and subcontractor VertiGIS also has recent history of work with the City, to
include:
Installation & Configuration Services – 2023
VertiGIS North America provided the City of Bozeman (the City) with professional services to update to the
City's enterprise GIS environment. Work included:
• Installing the newest versions of Essentials & Analytics
• Migrating Sites & Viewers
• Installing VertiGIS Studio products
• Rebuilding Workflows and Print templates in VertiGIS Studio
• Installing an instance of FME Server
• Configuring IIS Reverse Proxy
Capital Planning Tool – 2021
As part of their initiative to update their GIS products, the City of Bozeman requested development time
from VertiGIS to build a Capital Improvement Project (CIP) Editor tool. The work included business analysis,
consulting, and enhancements to the CIP toolset and suite of applications. The main deliverables were:
• Development of Print Templates – The City wanted to move the print templates to the latest edition
of VertiGIS-based technology in order to take advantage of new capabilities and viewer
frameworks/
• Project Reporting – The City uses Smart Sheets to track project status and cost usage and wanted
to enhance reporting from the GIS viewer with some of this non-spatial data related to projects.
• Public-facing CIP Viewer – The City desired a public-facing capital improvement planning viewer
to be used to engage the general public and development community.
• Knowledge transfer to City staff.
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NV5 Geospatial – Professional Geographic Information Systems Services 24
10.0 References
NV5 Geospatial has a proven track record of providing quality products and services on time and within
budget. Our Team’s commitment to the GIS industry has enabled us to adopt new technologies and offer
new services, enhancing our ability to provide the most accurate and versatile tools available.
For each project we undertake, we evaluate the required output dataset requirements, sources of data
available, and accuracies required; we always recommend the best, most cost-effective approach toward
each project. As demonstrated by our desire to exceed expectations, we have offered what we consider
the best solution for the City. NV5 Geospatial has successfully completed similar services of comparable
scope and size as those required for the City’s Professional GIS Services contract. The following project
references provide further evidence of that experience. Additional information regarding NV5 Geospatial’s
projects can be found in Section 5.0 Related Experience with Projects Similar to the Scope of Services.
These are only a few of the many projects we have undertaken performing similar services requested by
the City. Should you request additional project references, we would be happy to provide them.
Table 3. Client References
No. Project Name Client Contact
1 Cityworks & GIS HealthCheck Evoenergy ActewAGL (Canberra,
Australia)
Kerryn Patterson
+61400606007
kerryn.patterson@actewagl.com.au
2 GIS Envisioning Workshops Metropolitan Airports
Commission (Minneapolis, MN)
Chris Marquardt
(612) 713-8788
chris.marquardt@mspmac.org
3 GIS HealthCheck City of Belmont, California
Jason Eggers
(650) 598-4206
jeggers@belmont.gov
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NV5 Geospatial – Professional Geographic Information Systems Services 25
11.0 Price Proposal for both Phase 1 and Phase 2
PHASE/TASK PRICE
Phase 1 – Needs Assessment & Roadmap (Fixed Price)
• Discovery workshop final agenda
• 2-day onsite workshop
• Draft roadmap
• Final roadmap
$ 68,100
Phase 2 – Roadmap Implementation (Time & Materials)
• GIS Support block
• Refer to hourly rate schedule in the table below
$ 20,000
Total $ 88,100
Hourly rate schedule for the proposed time and materials support block:
LABOR CATEGORY STAFF SENIOR CONSULTANT
Geospatial Project Manager $241.48 $298.53 –
Solutions Architect $241.48 $298.53 –
Geospatial Developer $223.46 $268.15 –
Solutions Engineer $223.46 $268.15 –
Geospatial Analyst $150.19 $179.53 –
Project Coordinator $124.63 $145.52 –
Application Architect $268.15 $298.53 –
Enterprise Architect – – $270.38
Management Consultant – – $281.19
Subject Matter Expert – $305.91 $319.04
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Memorandum
REPORT TO:City Commission
FROM:Ellie Staley, DBP Executive Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
the Downtown Bozeman Partnership for the Administration of the
Downtown Urban Renewal District for Fiscal Year 2025
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
the Downtown Bozeman Partnership for the Administration of the
Downtown Urban Renewal District for Fiscal Year 2025
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The City annually contracts the Downtown Bozeman Partnership to
administer the Downtown Urban Renewal District.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by Commission.
FISCAL EFFECTS:As specified in its annual work plan and budget, the Downtown URD pays a
fee to the Downtown Partnership to cover the administrative costs of
managing the district and implementing the annual work plan. The FY2025
Downtown URD work plan and budget was unanimously approved by the
board on April 16, 2024 and presented to the City Commission on May 14,
2024.
Attachments:
DBP-COB PSA for Management of URD District--FY2025.pdf
Report compiled on: June 5, 2023
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Professional Services Agreement for the Administration and Management of the Downtown Bozeman Urban Renewal District FY 2025 Page 1 of 16
Professional Services Agreement
Regarding the Administration and Management of the
Downtown Bozeman Urban Renewal District WHEREAS, the Downtown Urban Renewal District was created March 6, 1995 by Commission Resolution No. 3046; and
WHEREAS, the Downtown Urban Renewal Plan was adopted on November 20, 1995 by Commission Ordinance No. 1409; and WHEREAS, the life of the Tax Increment Financing District established under the Urban
Renewal Plan was extended on March 7, 2005 by Commission Ordinance No. 1628; and WHEREAS, the life of the Tax Increment Financing District established under the Urban Renewal Plan was extended on December 17, 2007 until the year 2032 with the sale of Tax Increment Urban Renewal Revenue Bonds by Commission Resolution No. 4073; and
WHEREAS, the adopted Urban Renewal Plan stipulated that an Urban Renewal Agency would be created and referred to as the Downtown Bozeman Improvement District Board (the “Board”) pursuant to 7-15-4232 MCA and 7-15-4234 MCA; and 7-15-4232. Authorization to assign urban renewal powers to municipal departments or to create urban renewal agency. When a municipality has made the finding prescribed in 7-15-4210 and has elected to have the urban renewal project powers exercised as specified in 7-15-4233:
(1) such urban renewal project powers may be assigned to a department or other officers of the municipality or to any existing public body corporate; 7-15-4234. Urban renewal agency to be administered by appointed board of commissioners. (1) If the urban renewal agency is authorized to transact business
and exercise powers under this part, the mayor, by and with the advice and consent of the local governing body, shall appoint a board of commissioners of the urban renewal agency consisting of five commissioners... WHEREAS, the Downtown Board as the designated Urban Renewal Agency is
authorized to employ the necessary staff to implement the Urban Renewal Plan pursuant to 7-15-4238 MCA;
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7-15-4238. Employment of necessary staff. The urban renewal agency or department or officers exercising urban renewal project powers shall be supplied
with the necessary technical experts and such other agents and employees,
permanent and temporary, as are required. WHEREAS, the Board bylaws state “Should a private organization be responsible for program administration, such arrangements shall be made by contract with the City of
Bozeman.”;
NOW, THEREFORE, the Downtown Bozeman Partnership and City of Bozeman enter into this Professional Services Agreement defining the administration and management of the Downtown Bozeman Urban Renewal District.
THIS AGREEMENT is made and entered into this 4th day of June 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 the DOWNTOWN BOZEMAN PARTNERSHIP,
LLC, a limited liability company, with a physical and mailing address of 222 East Main Street
#302, Bozeman, MT, 59715, hereinafter referred to as “Contractor.” The City and Contractor may
be referred to individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit “A” and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
and will terminate on the 30th day of June 2025.
3. Scope of Work: Contractor will provide administrative and management services
to the Board pursuant to the URD FY2025 Work Plan and Budget outlined in the Scope of
Services, Exhibit “A”. 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, Exhibit “A” as the “Downtown Partnership Management Fee”. 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
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charge over and above the amount listed in the Scope of Services. The City must agree in writing
upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage
for all members and employees of Contractor’s business, except for those members who are
exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any type
arise or materialize which in turn cause any services to cease for any period of time, Contractor
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
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steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify,
and hold harmless the City, its agents, representatives, employees, and officers (collectively
referred to for purposes of this Section as the City) from and against any and all claims, demands,
actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and without
limit and without regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the City occasioned by, growing or
arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional
misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of
the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses,
and expenses, including reasonable defense attorney fees, to the extent caused by the negligence
or intentional misconduct of the Contractor or Contractor’s agents or employees.
Such 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
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indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right
of contribution for loss or damage to person or property arising from, growing out of, or in any
way connected with or incident to the performance of this Agreement except “responsibility for
[City’s] own fraud, for willful injury to the person or property of another, or for violation of law,
whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-
renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice
that any required insurance coverage will be terminated or Contractor’s decision to terminate any
required insurance coverage for any reason.
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The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any
terms or conditions of this Agreement, the City may, by written notice, terminate this
Agreement and the Contractor’s right to proceed with all or any part of the work
(“Termination Notice Due to Contractor’s Fault”). The City may then take over the work
and complete it, either with its own resources or by re-letting the contract to any other third
party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for
City’s Convenience”). The termination shall be effective in the manner specified in the
Notice of Termination for City’s Convenience and shall be without prejudice to any claims
that the City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work,
incurring additional expenses or costs under this Agreement and shall immediately cancel
all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only
such work as may be necessary to preserve, protect, and maintain work already completed
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or immediately in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of
the Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to
the claim. In the event Contractor fails to provide such notice, Contractor shall waive all
rights to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be David Fine 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
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purpose of this Agreement shall be Ellie Staley (DBP Executive Director) or such other
individual as Contractor shall designate in writing. Whenever direction to or
communication with Contractor is required by this Agreement, such direction or
communication shall be directed to Contractor’s Representative; provided, however, that
in exigent circumstances when Contractor’s Representative is not available, City may
direct its direction or communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing
and shall be provided to the Representatives named in this Section. Notices shall be
deemed given when delivered, if delivered by courier to Party’s address shown above
during normal business hours of the recipient; or when sent, if sent by email or fax (with a
successful transmission report) to the email address or fax number provided by the Party’s
Representative; or on the fifth business day following mailing, if mailed by ordinary mail
to the address shown above, postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor
will not refuse employment to a person, bar a person from employment, or discriminate against a
person in compensation or in a term, condition, or privilege of employment because of race, color,
religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, 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
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Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section
140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol
or illegal drugs, by any employee or agent engaged in services to the City under this Agreement
while on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the
U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified
or altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that
the 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.
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18. Non-Waiver: A waiver by either party of any default or breach by the other party
of any terms or conditions of this Agreement does not limit the other party’s right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this
Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration
of this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
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.
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26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part
of this Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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 DOWNTOWN BOZEMAN PARTNERSHIP
CONTRACTOR
By____________________________ By___________________________
Chuck Winn, City Manager Ellie Staley, Executive Director
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, City Attorney
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Exhibit A
Downtown Urban Renewal District
FY2025 Work Plan and Budget
Downtown URD Mission Statement
The Downtown Bozeman Urban Renewal District board (URD) will foster an economically thriving district
that: 1) attracts investment; 2) stabilizes and strengthens the tax base; and 3) supports the vitality and
diversity of the Gallatin Valley as its social and cultural center.
In 1995, the City Commission adopted the Urban Renewal Plan for downtown Bozeman which was
subsequently amended in 2015. The intent and purpose of the Urban Renewal Plan emphasizes:
1. Bozeman’s historical character as a “working” downtown shall be maintained.
2. Traffic movement and access shall be designed with the emphasis on the downtown as a
designation rather than improving the flow of through traffic.
3. The facilitation of private/public partnerships is encouraged in the implementation of the Plan.
4. Objectives shall be accomplished by incentives whenever possible.
5. Private property rights will be respected.
6. Administrative practices shall be conducted in a constructive manner which fosters cooperation.
7. This Plan is further detailed, refined, prioritized and implemented by the “Downtown Improvement
Plan” which outlines specific programs and projects consistent with the Urban Renewal Plan.
The Urban Renewal Plan established nine “Guiding Principles” to provide direction for improving Bozeman’s
historic downtown. The Urban Renewal Study Committee considered the first three principles more
important than the next three with the last three the least important. However, the Committee deemed all
nine principles to be vital to achieving the vision for downtown. Key implementation actions were identified
for each principle (may apply to multiple principles but are only listed once below).
1. Strengthen downtown’s economic vitality
2. Improve the safety, security and health of the district
3. The image of downtown shall be continuously improved
4. Downtown’s accessibility shall be improved
5. “Community Partnership” is fundamental to downtown’s success
6. Downtown’s diversity shall be facilitated
7. The cost of projects and programs shall be weighed against their benefits
8. Downtown shall become more user friendly
9. Cultural activities shall be nurtured and expanded downtown
Downtown URD FY25 Programs, Projects and Initiatives
The Downtown URD anticipates an FY24 year-end balance of $6.1 million and FY24 revenues are projected to
be $2.3 million which totals just under $8.5 million of funding available for FY25. The proposed FY25
expenditures along with encumbered and allocated funds, total $8.4 million with an estimated FY25 year-end
balance of $81,500. The following work plan and budget outline these projects and projected expenses.
Ongoing DBP/City of Bozeman Operational Support:
Downtown Bozeman Partnership (DBP) Management Fee (FY25 $236,000)
An estimated 7% increase in FY25. The DBP continues to see rises in health care premiums, energy
bills and overall operational costs. As an organization, we continue to operate on tight margins and
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assume stewardship over downtown designated funds to ensure high-level staff support while also
providing stable organizational support through the DBP.
City of Bozeman Economic Development Staff Support (FY25 - $64,300)
This expense helps fund a portion of payroll expenses for City of Bozeman staffing support. Over this
past year, specifically, we have worked collaboratively to establish our city staffing support to be
utilized to the fullest as seen through continued TIF state policy support and improvement
agreement assistance. As anticipated, we will see a small increase in this cost, based on increases
to city staff salaries and benefits.
Current Encumbered Projects and Programs:
Soroptimist Park/North Black Pocket Park Planning & Ongoing Improvements (FY25 - $60,000)
In FY24, we re-allocated funds to complete the needed infrastructure work at the North Black Pocket
Park, while making minor improvements to Soroptimist Park, like enhanced pedestrian access,
additional fencing and tree trimming. Into FY25, I am proposing partnering with the City Parks
Department to focus on a future redevelopment project at Soroptimist Park, with potential
construction in FY26.
Alley Improvement Project & Planning (FY25 - $75,000)
The Alley Improvement Project is in the construction phase and slated to be complete by early FY25
with the majority of allocated funds to complete one full alley to be paid within FY24 or encumbered
into the early part of FY25. The DURD has decided to review the benefits of this project into FY25,
with some additional funds to complete or enhance the current project and begin planning for the
next, with hopes to complete another full alley project in FY27.
Tree Replacement Project (FY25 - $50,000)
These funds have been reallocated into a separate line item based on increased needs over the past
two years. Between 2022 and 2023, the City Forestry Department removed 16 trees with more slated
now and into the future. With city staffing issues and an average annual tree replacement plan of 3-4
trees, the DURD assisted in the infrastructure needs. In FY2024, the DURD removed and replaced 5
difficult trees under the “Streetscape Improvement” category and hope to continue to allocate funds
more specifically until we can collectively catch up on this issue.
Workforce Housing Project – Fire Station One (FY23-FY27 - Encumbered $1,600,000)
This is an encumbered expense approved for a project with 50 units of work force housing to be sold
at 120% AMI. The $1.6 million approved for this project will be reimbursed at the certificate of
occupancy and when all of the project conditions have been met. The property owner has 5 years
from May 2023 to complete the work in order to be reimbursed these funds.
On-going Programs & Projects in FY25:
Wayfinding and Parking Signage Project – Planning/Infrastructure (FY24 - $40,000, FY25 -
$50,000)
This ranked as a top project on the URD board prioritization exercise to expand and clarify what
amenities and parking are available. After putting this project on hold through FY23 and FY24, there
is a renewed interest in completing this project, potentially with State Grant funding assistance.
Bozeman Creek (FY25 Planning for Proposed Master Plan - $20,000)
Montana Coal Endowment Grant submitted by #SeeBozemanCreek working group for preliminary
engineering work and flood plain updates to look at flood plan mitigation within downtown. Bozeman
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City Commission has listed Bozeman Creek as a FY25 priority (to be adopted). The DURD board
would like to continue supporting planning efforts aimed specifically at flood mitigation and safety
improvements with the DURD district.
Alternative Transportation Projects/Planning (FY25 Improvements - $50,000)
We continue to focus on pedestrian safety and downtown access along Mendenhall and Babcock.
We are currently developing a scope with short and long-term attainable solutions with the City
Public Works and Engineering departments. We hope to implement some safety improvements in
FY25 like bright signage, increased pedestrian safety features and more. If the Black Avenue bike
lane project gets going again, there is potential to support that project within our district.
Streetscape Design and Engineering Planning (FY25 $35,000)
• Streetscape Design Standard – Complete and utilize for future projects for
consistency and compliance. Set to be completed in late FY24, utilized for
upcoming projects in FY25.
• Streetscape Side-Street Preliminary Engineering - Update and continue
planning to extend the streetscape to non-completed sections of Main
Street, Babcock, and Mendenhall. and along side-streets, The goal is to
establish “opportunity locations” (ex. North Wilson, South Wallace, West
Main to 5th or 7th) and establish “Streetscape Assistance Grant” funding
capacity for future planning and infrastructure completion.
Allocated Parking Funds in FY25:
Parking Supply, Management Planning and Data Collection – (FY25 - $4,770,000)
• Management Planning and Data Collection There continues to be
concerns and questions surrounding a future management plan for
downtown parking. Consistent data collection for informed decision making
continues to be a priority of the DURD board. We hope to collect and utilize
data in FY25 to assist in decisions made and potential future parking funding
assistance.
• Structured Parking Site Plan, Bids - Planning Allocated funds to support
future parking supply infrastructure planning costs
• Parking Supply – Parking supply and Infrastructure has been a DURD priority
for many years, established in both downtown plans and outlined in
Resolution 1409. The current Downtown URD Board continues to allocate
funds to add to future parking supply through.
Downtown URD Grant Opportunities in FY25:
URD Grant Programs – The URD grants have been updated to reflect current code updates and can
now be completed online. Continued revisions and updates have bene made to make grants
relevant. A more aggressive approach to advertise the grants has been done with great results.
• Streetscape Assistance (FY25 - $100,000)
Knowing the DURD cannot fund all streetscape improvements in the
district, there is interest in increasing the availability for
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redevelopments, where funding can assist in the completion of
streetscape and sidewalk improvements.
• Fiber Infrastructure Grant (FY25 - $10,000)
No big changes needed, continue to be used and generally see up to 5
applicants/yr.
• Life-safety Grant (FY25 - $30,000)
Great investment but only for larger re-development projects, assume
2-3 per/yr. at $10K/ea.
• Technical Assistance Grant (FY25 - $50,000)
Add Art/Social Infrastructure Grant
Add CPTED (Crime Prevention through Environmental Design) Grants
– lighting, cameras, landscape improvements
• Residential Incentive Program (FY25 - $200,000)
One applicant in FY24, 5th and Main 6-story residential project, likely
to be reimbursed in FY25. With several new housing projects slated in
our district in the coming years, keeping these funds available can
assist with smaller, more affordable units.
o Art Enhancement/CPTED Grant (NEW in FY25 - $20,000)
As safety and beautification continue to be a priority for urbans
districts and Bozeman specifically, we would like to make funds
available to private developers and property owners to enhance
public portions of their properties through art and safety elements.
We have seen success in these funding programs across the state
and would like to explore the concept in Downtown Bozeman through
FY25. Format of application and distribution of funds TBD.
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Category FY25 Budget FY26 DRAFT BudgetIncome
Starting Cash Balance $6,061,900 $91,500Income from TIFCOB Interlocal Share $2,362,500 $2,598,800Entitlement Share State of Montana $57,100 $57,100
Interest Income $2,100 $2,100
Other Income Total Income $8,483,600 $2,749,500
ExpensesOperations
DBP Management Fee $236,000 $251,000
City Administrative Costs/Support $61,100 $64,300Total Operations $297,100 $315,300
Infrastructure Improvements
Park Improvements (Soroptimist/NBPP)$10,000 $250,000Alley Improvements $50,000 $0
Utility Infrastructure Improvements $350,000 $400,000Wayfinding & Parking Signage $15,000 $20,000Bozeman Creek Improvements $0 $10,000Alternative Transportation Projects $40,000 $25,000
Tree Replacement Project (Streetscape Imp. in FY24)$50,000 $50,000Street Furniture/Streetscape Improvements & Furniture $25,000 $25,000Intersection Cable Anchor Repairs $10,000 $10,000Parklet Infrastructure $20,000 $0Streetlamp Power Reconfiguration Project (SILD)$100,000 $0
Streetscape Assistance Grant Program $50,000 $100,000Life-Safety Grant Program $30,000 $30,000Fiber-Broadband Infrastructure Grants $10,000 $10,000Art Enhancement/CPTED Grant Program $20,000 $20,000
Housing Assistance
Residential Incentive Grant Program $200,000 $200,000
Workforce Housing Project - Fire Station One $1,600,000
Total Improvements $2,580,000 $1,150,000
Planning
Park Improvement Planning (Soroptimist/NBPP)$50,000 $0Alley Planning $25,000 $10,000Utility Infrastructure Improvement Planning $50,000 $50,000
Wayfinding Plan Development $35,000 $10,000
Bozeman Creek Planning $20,000 $10,000Alternative Transportation Planning $10,000 $25,000
Downtown Streetscape Design Standards $10,000 $10,000Side-Streetscape Preliminary Engineering $25,000 $50,000Parklet Planning/Program $10,000 $20,000DBIP General Implementation $50,000 $50,000
Professional Services Term Contract $75,000 $75,000
Code Amendments $0 $0Downtown Infrastructure & Public Realm Plan $0 $0
Technical Assistance Grant Program $50,000 $50,000
Parking - Designated Funds
Parking Supply, Management Planning, and Data Collectio $4,770,000 $20,000Parking Supply, Site Plans and Data Collection $0Parking Supply - Designated Funds $0
Total Planning/Parking $5,180,000 $380,000
Parking Structure
Garage Bond Payment $335,000 $335,000
Total Parking Garage Payments $335,000 $335,000
Total Expenses $8,392,100 $2,180,300
Balance $91,500 $569,200
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Memorandum
REPORT TO:City Commission
FROM:Emily Cope, DBP Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
the Downtown Bozeman Partnership for the Administration of the
Downtown Business Improvement District for Fiscal Year 2025
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
the Downtown Bozeman Partnership for the Administration of the
Downtown Business Improvement District for Fiscal Year 2025
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:As allowed by statute (MCA 7-12-1131), the City annually contracts the
Downtown Bozeman Partnership to administer the Downtown Business
Improvement District.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by Commission.
FISCAL EFFECTS:As specified in its annual work plan and budget, the Downtown BID pays a
fee to the Downtown Partnership to cover the administrative costs of
managing the district and implementing the annual work plan. The FY2025
Downtown BID work plan and budget was unanimously approved by the
board on April 17, 2024 and presented to the City Commission on May 14,
2024.
Attachments:
DBP-COB PSA for Management of BID District--FY2025.pdf
Report compiled on: May 22, 2024
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Professional Services Agreement
Regarding the Administration and Management of the Downtown Bozeman Business Improvement District
WHEREAS, the Downtown Business Improvement District was created May 15, 2000 by Commission Ordinance No. 1517; and WHEREAS, the Downtown Business Improvement District was created on August 12, 2010 by
Commission Ordinance No. 1790; and WHEREAS, the Downtown Business Improvement District was created on August 11, 2020 by Commission Ordinance No. 2040; and
WHEREAS, the Downtown BID Board is authorized to employ the necessary staff to implement the Business Improvement District pursuant to 7-12-1131 MCA; 7-12-1131 Powers Of Board In Administering District. The board in administering a district has all powers necessary to carry out functions of the district contained in the
ordinance creating it, including the power to: (7) provide for the management and administration of the affairs of the district.” NOW, THEREFORE, the Downtown Bozeman Partnership and City of Bozeman enter into this Professional Services Agreement defining the administration and management of the Downtown
Bozeman Business Improvement District.
THIS AGREEMENT is made and entered into this 4th day of June, 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 the DOWNTOWN BOZEMAN PARTNERSHIP, LLC, a limited liability company, with a physical
and mailing address of 222 East Main Street #302, Bozeman, MT, 59715, hereinafter referred to as
“Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as
“Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
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1. Purpose: City agrees to enter this Agreement with Contractor to perform for the City the
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 date of its execution and will
terminate on the 30th day of June 2025.
3. Scope of Work: Contractor will provide administrative and management services to the
Board pursuant to the BID FY2025 Work Plan and Budget outlined in the Scope of Services, Exhibit “A”.
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,
Exhibit “A” as the “Downtown Partnership Management Fee”. Any alteration or deviation from the
described services that involves additional costs above the Agreement amount will be performed by
Contractor after written request by the City, and will become an additional charge over and above the
amount listed in the Scope of Services. The City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor
makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of
Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations
that in any manner may affect cost, progress or performance of the Scope of Services.
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,
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Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and
employees of Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’
compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance
in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for
independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or
materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees
to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate
or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the
discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action.
Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional
cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands,
costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any
labor problems or disputes or any delays or stoppages of work associated with such problems or disputes.
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
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contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to defense or
indemnification under this Agreement or under the Contractor’s applicable insurance policies required
below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right
to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was
obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s)
thereof.
In the event of an action filed against the City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way connected
with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for
willful injury to the person or property of another, or for violation of law, whether willful or negligent” as
per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to conduct
insurance business in Montana which insures the liabilities and obligations specifically assumed by the
Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically
assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses
that may be asserted or claimed against, recovered from, or suffered by the City without limit and without
regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an
accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional
or named insured on a primary non-contributory basis on both the Commercial General and Automobile
Liability policies. The insurance and required endorsements must be in a form suitable to City and shall
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include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City
within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be
terminated or Contractor’s decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions
of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s
right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”).
The City may then take over the work and complete it, either with its own resources or by re-letting
the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled
to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages
of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City, make
it advisable to the City to cease performance under this Agreement, the City may terminate this
Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The
termination shall be effective in the manner specified in the Notice of 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.
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c. In the event of a termination pursuant to this Section 9, Contractor is entitled to
payment only for those services Contractor actually rendered on or before the receipt of the Notice
of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be
entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any nature
arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s
damages shall be limited to contract damages and Contractor hereby expressly waives any right to
claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field
office overhead, general conditions costs, or lost profits damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or nature,
Contractor shall provide City with written notice of its claim, the facts and circumstances
surrounding and giving rise to the claim, and the total amount of damages sought by the claim,
within thirty (30) days of the facts and circumstances giving rise to the claim. In the event
Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this Agreement
shall be Chuck Winn or Melissa Hodnett 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 Emily Cope (DBP Economic Development Director) or such other
individual as Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed to
Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other designated
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Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and shall
be provided to the Representatives named in this Section. Notices shall be deemed given when
delivered, if delivered by courier to Party’s address shown above during normal business hours of
the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the
email address or fax number provided by the Party’s Representative; or on the fifth business day
following mailing, if mailed by ordinary mail to the address shown above, postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances,
rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license,
and inspections from applicable governmental authorities, and pay all fees and charges in connection
therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal
laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws,
all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the
Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety
Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the
Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority
and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of
persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will
have a policy to provide equal employment opportunity in accordance with all applicable state and federal
anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person,
bar a person from employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status,
national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except
when the reasonable demands of the position require an age, physical or mental disability, marital status or
sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964;
Section 140, Title 2, United States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has 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.
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15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall
not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any
employee or agent engaged in services to the City under this Agreement while on City property or in the
performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall
comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT)
regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have
the right to request proof of such compliance and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees and
agents in proper and specified work methods and procedures. The Contractor shall provide continuous
inspection and supervision of the work performed. The Contractor is responsible for instructing its
employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or altered
except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign
Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior
written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions
of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide
documentation as requested by the City demonstrating Contractor’s compliance with the requirements of
this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to
inspect and copy its books and records for the purpose of verifying that the reimbursement of monies
distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all
applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases
or information for public dissemination without prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce such term or
conditions or to pursue any available legal or equitable rights in the event of any subsequent default or
breach.
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:
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a. Any claim, controversy, or dispute between the parties, their agents, employees, or
representatives shall be resolved first by negotiation between senior-level personnel from each party
duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties
may invite an independent, disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the date
the dispute was first raised, then such dispute may only be resolved in a court of competent
jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not be
construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which
they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal
representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties,
does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third
party.
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
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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 DOWNTOWN BOZEMAN PARTNERSHIP
CONTRACTOR
By________________________________ By_________________________________
Chuck Winn, City Manager Emily Cope, Economic Development Director
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, City Attorney
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Scope of Services: Exhibit “A” Downtown Business Improvement District FY2025 BID Work Plan and Budget
BID Mission Statement
The BID is an organization of downtown property owners who through thoughtful, pro-active collaboration and partnership with local government, business owners, residents and citizens strive to create a shared vision and voice for the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short-term and long-term initiatives otherwise unavailable to
individual owners. The BID has a goal of ensuring the long-term preservation and vitality of the city’s
underlying economic, cultural, social and environmental assets and the BID will work together to keep our downtown a safe, beautiful and vibrant place. BID Assessment Programs
The following programs are funded by the special assessments collected from property owners within the
Downtown Business Improvement District. The BID assessment for FY2025 will be $260,000. The BID will also receive approximately $52,000 in additional revenue from sponsorships and maintenance contracts.
Downtown Bozeman Partnership ($75,000)
The BID is a member of the Downtown Bozeman Partnership. The BID contributes to the administration of the Downtown Partnership office located at 222 East Main Street. Downtown Bozeman Association ($27,500)
The BID contributes to the DBA to support its events, staff and marketing efforts to promote downtown.
The DBA hosts events downtown that include Art Walks, Music on Main, Crazy Days, Cruisin’ on Main Car Show, Cat Walk, Restaurant Week and more. Summer Flowers ($32,400)
This summer, the remaining 154 wrought-iron baskets on Main Street will be swapped with the Earth
Planter baskets bringing the total to 318 flower baskets. The Earth Planter baskets provide improved plant growth by regulating water delivery based on soil conditions while reducing labor costs, fuel and water usage. The baskets only need to be watered two to three times per week rather than seven days a week. These flower baskets are hung throughout downtown from June through September. This amount covers
the planting cost. The BID spent capital reserves in FY24 to purchase the remaining Earth Planter baskets.
Holiday Lighting ($21,075) The BID installs the following holiday lighting downtown: 1) lighted garland on each historic lamp post along Main Street; 2) lights on the large conifer trees in Soroptomist Park; 3) garland wreaths at the
Rouse, Church, Wallace, and Grand intersections; and 4) the infamous holiday “spider” decorations above
four downtown intersections. The green decoration was replaced in 2022, the red in 2023, gold in 2024 and white in 2025. The BID board will earmark reserve funds for the spider replacements, new garland and bows.
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Maintenance Program ($109,900) The BID hires maintenance employees for winter and summer seasons. Primary tasks performed by the
BID maintenance staff includes garbage collection, flower watering, tree watering, Soroptomist Park
upkeep, installation of the streetlamp banners, maintenance of pedestrian benches, graffiti removal, and garage cleaning. The BID maintenance staff removed over 4,000 bags of garbage and recycling during the past year from over 100 receptacles.
Downtown Safety Program ($5,000)
For the last few years, the BID has partnered with HRDC to support programming available to individuals and families experiencing homelessness. The board would like to begin planning alongside the Bozeman Police Department for a dedicated downtown resource officer as the needs of the downtown community shift. This will take several years to establish and would eventually be a split salary funding by downtown
and BPD.
Graffiti Removal Program ($7,500) The BID offers a comprehensive graffiti removal program. Since 2009, this program has removed over 4,000 graffiti tags. The BID maintenance staff removes tags from public property and works with
property owners to clean private buildings of graffiti. The BID partners with Clean Slate Group to remove
tags that they are unable to remove. The BID will continue to actively remove new tags as quickly as possible considering immediate removal has proven to be the most effective deterrent. Downtown Banners ($4,000)
The BID purchases, installs and maintains the DTNBZN light pole banners. Seasonally the BID installs
banners for MSU, Bozeman Farmers Market, Bridger Bowl, Big Sky Resort, Sweet Pea, SLAM, BYEP, Bozeman Health, BridgerCare, Greater Yellowstone Coalition and more. Downtown Marketing ($2,500)
The BID contributes to the general marketing of downtown Bozeman. These funds are made available to
the Downtown Partnership which places advertisements in ten to twelve local, regional and state-wide publications. Vehicle Maintenance ($10,450)
The BID owns and maintains a maintenance truck and two mules/ATVs. This expense covers fuel,
insurance, repairs and tires as needed. Maintenance Supplies ($7,500) The BID purchases a wide variety of maintenance supplies for various programs, including trash bags.
Program Contingency ($6,000) The BID was renewed in 2020 and will be up for renewal again in 2030. The BID board has prioritized spending money on capital improvements for the BID programs such as flower baskets and holiday decorations. The board would like to strategically plan for what the BID owners need and want in the
coming years as the needs of downtown morph. This money will be spent to conduct outreach, polling
and research to do this.
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FY2025 Budget
Income
BID Assessment 260,000$
Contract Income 25,000$
Interest Income 100$
Mobile Vending Fees 1,500$
Flower Sponsorships 9,500$
Christmas Light Sponsorships 3,500$
Streetlamp Banners 12,500$
Total Income 312,100$
Expenses
Management Fee 75,000$
Total Expenses 75,000$
Payroll Expenses
Maintenance Staff 75,000$
Taxes 5,500$
Work Comp 3,500$
Maintenance Staff--Garage 24,000$
Taxes 950$
Work Comp 950$
Total Payroll Expenses 109,900$
Programs
Downtown Safety Program 5,000$
Downtown Bozeman Association (DBA) Support 27,500$
Holiday Lights - Reserve Fund 15,000$
Holiday Lights 2,500$
Holiday Light Spider Repair 2,000$
Hoiday Decor Storage 1,575$
New Banners 4,000$
Flower Expenses 32,000$
Flower Water 400$
Tree Purchases -$
Marketing 2,500$
Maintenance Supplies 4,500$
Garbage Bags 3,000$
Graffiti Supplies 1,000$
Graffiti Contracted Removal 6,500$
Mule Service & Fuel 1,850$
Truck Service & Fuel 2,600$
Vehicle Insurance 6,000$
Program Contingency 6,000$
Total Program Expenses 123,925$
Total BID Expenses 308,825$
NET ASSESSMENT INCOME 3,275$
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194
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Deputy Director
Anna Bentley, Community Development Director
SUBJECT:Authorize the Interim City Manager to Sign the First Amendment to
Professional Services Agreement to Extend Term With No Change in Contract
Amount with TischlerBise
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the Interim City Manager to Sign the First Amendment to
Professional Services Agreement to Extend Term With No Change in Contract
Amount with TischlerBise.
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 City Commission approved a contract with TischlerBise to assist the City
in updates to the impact fee service area reports. Service area reports are
the documents which consider future infrastructure requirements and per
unit costs to establish the impact fee schedules. The project has taken longer
than originally expected. This first amendment is to extend the time of the
contract to allow the project to be completed. No change in the cost of the
contract is made with this amendment.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the Commission.
FISCAL EFFECTS:None, all money for the contract is already budgeted.
Attachments:
PSA Amendment May 2024.pdf
Report compiled on: May 23, 2024
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First Amendment to Professional Services Agreement for Impact Fee Service Area Reports Update FY 2024 – FY 2025 Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
UPDATE OF IMPACT FEE SERVICE AREA REPORTS dated May 2, 2023 (the
“Agreement”) is made and entered into this _____ day of ____________, 2024, 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 TischlerBise, Inc., 4701 Sangamore Rd, Suite 240, Bethesda MD 20816, hereinafter
referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Extension of Term. Section 2 of the Agreement is extended for an additional one (1) year
period. The Agreement shall terminate on the 31st day of July, 2025, unless earlier
terminated in accordance with the Agreement.
2. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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First Amendment to Professional Services Agreement for Impact Fee Service Area Reports Update FY 2024 – FY 2025 Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA TISCHLERBISE, INC
By________________________________ By_____________________________
Chuck Winn, Interim City Manager Name: L. Carson Bise
Title: President
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
197
Memorandum
REPORT TO:City Commission
FROM:Elizabeth Cramblet, Associate Planner
Chris Saunders, Community Development Manager
Erin George, Deputy Director of Community Development
Anna Bentley, Director of Community Development
SUBJECT:Ordinance 2164, Final Adoption, Rezoning Lot 1 of Minor Subdivision 235B,
S23, T02S, R05E from R-O (Residential Office) to R-4 (Residential High Density
District) Containing 10.16 Acres, B-2M (Community Business District-Mixed)
Containing 1.49 Acres, and PLI (Public Lands and Institutions) containing 1.33
Acres; The Nexus Point Zone Map Amendment, Application 23204
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Finally Adopt Ordinance 2164
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 City Commission unanimously approved Application 23204 on April 2,
2024, to rezone the subject site from R-O (Residential Office) to R-4
(Residential High Density District) containing 10.16 acres, B-2M (Community
Business District-Mixed) containing 1.49 acres, and PLI (Public Lands and
Institutions) containing 1.33 acres, subject to contingencies for zoning. Final
documents and easements were received by the Applicant.
The subject site is located west of S. 19th Avenue, north and south of Arnold
Street. The property is currently developed with six 12-unit apartment
buildings on the north side of the site (north of Arnold Street), two 24-unit
apartment buildings with one clubhouse south of Arnold Street, and a public
park on the southeast side of the site, all of which are currently zoned R-O.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budged funds
will be changed by this Zone Map Amendment. Future development will
incur costs and generate review according to standard City practices.
198
Attachments:
Ordinance - Nexus Point ZMA.pdf
Nexus Point 2024 Zone Map Amendment Exhibit (Final).pdf
Report compiled on: May 9, 2024
199
Ord 2164
Page 1 of 8
ORDINANCE 2164
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP ON LOT 1 OF
MINOR SUBDIVISION 235B, S23, T02S, R05E FROM R-O (RESIDENTIAL OFFICE) TO
R-4 (RESIDENTIAL HIGH DENSITY DISTRICT) CONTAINING 10.16 ACRES, B-2M
(COMMUNITY BUSINESS DISTRICT-MIXED) CONTAINING 1.49 ACRES, AND PLI
(PUBLIC LANDS AND INSTITUTIONS CONTAINING 1.33 ACRES. THE NEXUS
POINT ZONE MAP AMENDMENT, APPLICATION 23204.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Community Development Board has been created by
Resolution 5330; and
WHEREAS, the City of Bozeman Community Development Board has been assigned
the duties of the Zoning Commission required by Section 76-2-307 MCA; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, after conducting the required public hearing on March 18, 2024, the
Bozeman Community Development Board in their capacity as the Zoning Commission
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recommended to the Bozeman City Commission that application No. 2 3204, the Nexus Point Zone
Map Amendment, be approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on April 2,
2024, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning;
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76 -3-304, MCA;
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy;
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, found that the required criteria are
satisfied;
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision;
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6. The Bozeman Zoning Commission, which responsibilities have been assigned to the
Community Development Board, has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
requested R-4, B-2M, and PLI districts.
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Community Development Board recommendation, all submitted public comment, and all
other relevant information.
9. The City Commission determines that, as set forth in the staf f report and incorporating the
staff findings as part of their decision, the required criteria for approval of Application No.
23204 the Nexus Point Zone Map Amendment have been satisfied and no spot zoning
occurs.
Section 2
That the zoning district designations of the following-described property is hereby established as
R-4 (Residential High Density District):
Legal Description
All that certain portion of Nexus Point Subdivision being Lot 1, Block 1, Lot 3, Block 1,
Lot 1, Block 2, and Lots 3 and 4 of Block 2 together with portions of Arnold Street and
South 21st Avenue located in the NE ¼ of Section 23 Township 2 South, Range 5 East,
P.M.M., City of Bozeman, Gallatin County, Montana, being more fully bounded and
described as follows:
Beginning at the northeast corner of the herein described tract at a point on the west right-
of-way line of South 19th Avenue; thence along said right-of-way line the three (3)
following courses; 1) South 00˚33’00” East, a distance of 370.70 feet; 2) North 89˚22’02”
West, a distance of 9.89 feet; 3) South 00˚43’58” East, a distance of 333.48 feet to the
northeast corner of Lot 1, Block 1, Parkland of Minor Subdivision Number 235C; thence
along the north line of said Parkland South 89˚49’56” West, a distance of 114.48 feet to
the southeast corner of Park No. 1, Block 2; Nexus Point Subdivision; thence along the
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east line of said Park the five (5) following courses; 1) North 00˚15’42” West, a distance
of 18.39 feet; 2) North 13˚18’18” West, a distance of 27.98 feet; 3) North 07˚14’30” East,
a distance of 31.57 feet; 4) North 00˚12’53” West, a distance of 33.61 feet; 5) South
89˚46’59” West, a distance of 5.99 feet to the east line of Lot 2, Block 2, Nexus Point
Subdivision; thence along said east line the five (5) following courses; 1) North 06˚27’05”
West, a distance of 46.56 feet; 2) North 10˚08’23” East, a distance of 27.68 feet; 3) North
04˚50’20” East, a distance of 13.80 feet; 4) North 15˚30’19” West, a distance of 43.46 feet;
5) North 00˚45’44” East, a distance of 60.52 feet to the South right-of-way line of Arnold
Street; thence through Arnold Street North 00˚13’00” West, a distance of 30.00 feet to the
centerline of Arnold Street; thence along said centerline North 89˚47’00” East, a distance
of 9.56 feet; thence continuing through said Arnold Street North 00˚13’00” West, a
distance of 30.00 feet to the southeast corner of Lot 2, Block 1 of said Nexus Point
Subdivision; thence along said Lot 2, Block 1 the ten (10) following courses; 1) North
00˚00’55” East, a distance of 63.02 feet; 2) North 03˚25’19” West, a distance of 57.13 feet;
3) North 15˚56’53” West, a distance of 15.46 feet; 4) North 69˚48’41” West, a distance of
34.99 feet; 5) North 62˚54’36” West, a distance of 30.59 feet; 6) North 72˚04’54” West, a
distance of 43.76 feet; 7) North 65˚53’36” West, a distance of 21.81 feet; 8) South
86˚01’05” West, a distance of 23.09 feet; 9) North 58˚16’17” West, a distance of 7.97 feet;
10) South 34˚38’39” West, a distance of 109.59 feet to the north right-of-way line of
Arnold Street; thence through Arnold Street South 38˚00’46” West, a distance of 30.00
feet to a point in the centerline of Arnold Street; thence along said centerline the two (2)
following courses; 1) South 51˚59’14” East, a distance of 122.93 feet; 2) along a cu rve
turning to the left with an arc length of 26.66’, with a radius of 150.00’, with a chord
bearing of South 60˚26’49” East, with a chord length of 26.62’, with a delta angle of
16˚10’56”; thence through said Arnold Street and along the west line of Lot 2, Block 2 of
said Nexus Point Subdivision, respectively, South 24˚27’42” West, a distance of 40.00
feet; thence continuing along the west line of said Lot 2, Block 2 South 00˚34’10” East, a
distance of 187.06 feet to the north line of Park No. 1, Block 2 o f said Nexus Point
Subdivision; thence along said north line South 89˚46’59” West, a distance of 330.78 feet
to the east right-of-way line of South 21st Avenue; thence through South 21st Avenue South
75˚50’45” West, a distance of 30.00 feet to the centerline of South 21st Avenue; thence
along said centerline the three (3) following courses; 1) along a curve turning to the left
with an arc length of 54.48’, with a radius of 150.00’, with a chord bearing of North
24˚33’33” West, with a chord length of 54.18’, with a delta angle of 20˚48’37”; 2) along a
reverse curve turning to the right with an arc length of 91.81’, with a radius of 150.00’,
with a chord bearing of North 17˚25’48” West, with a chord length of 90.38’, with a delta
angle of 35˚04’06”; 3) North 00˚06’14” East, a distance of 229.44 feet to the centerline of
Arnold Street; thence along said centerline the three (3) following courses; 1) North
89˚33’18” West, a distance of 280.12 feet; 2) along a curve turning to the righ with an arc
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length of 143.28’, with a radius of 150.00’, with a chord bearing of North 62˚11’26”, West,
with a chord length of 137.89’, with a delta angle of 54˚43’43”; 3) North 34˚49’35” West,
a distance of 208.93 feet to the south line of Lot 5A of the Amended Plat of Lot 5 and Lot
6, Genesis Business Park Subdivision; thence along the south line of said Lot 5A and Tract
1 of Certificate of Survey Number 1969, respectively, S 89˚31’03” East, a distance of
1190.91 feet to the Point of Beginning.
Said tract containing in area 10.169 acres and is subject to any existing easements.
Section 3
That the zoning district designations of the following-described property is hereby established as
B-2M (Community Business District-Mixed):
Legal Description
All that certain portion of Nexus Point Subdivision being Lot 2, Block 1 and Lot 2, Block
2 together with portions of Arnold Street located in the NE ¼ of Section 23 Township 2
South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Mon tana, being more
fully bounded and described as follows:
Beginning at the southeast corner of Lot 1, Block 1 of said Nexus Point Subdivision; thence
along the east line of said Lot 1 North 34˚38’39” East, a distance of 109.59 feet to Lot 3,
Block 1 of said Nexus Point Subdivision; thence along said Lot 3 the nine (9) following
courses; 1) South 58˚16’17” East, a distance of 7.97 feet; 2) North 86˚01’05” East, a
distance of 23.09 feet; 3) South 65˚53’36” East, a distance of 21.81 feet; 4) South
72˚04’54” East, a distance of 43.76 feet; 5) South 62˚54’36” East, a distance of 30.59 feet;
6) South 69˚48’41” East, a distance of 34.99 feet; 7) South 15˚56’53” East, a distance of
15.46 feet 8) South 03˚25’19” East, a distance of 57.13 feet; 9) South 00˚00’55” West, a
distance of 63.02 feet, to the north right-of-way line of Arnold Street; thence through said
Arnold Street South 00˚13’00” East, a distance of 30.00 feet to the centerline of Arnold
Street; thence along said centerline South 89˚47’00” West, a distance of 9.56 feet; thence
through said Arnold Street South 00˚13’00” East, a distance of 30.00 feet to the west line
of Lot 1, Block 2 of said Nexus Point Subdivision; thence along said west line the five (5)
following courses; 1) South 00˚45’44” West, a distance of 60.52 feet; 2) South 15˚30’19”
East, a distance of 43.46 feet; 3) South 04˚50’20” West, a distance of 13.80 feet; 4) South
10˚08’23” West, a distance of 27.68 feet; 5) South 06˚27’05” East, a distance of 46.56 feet
to the north line of Park No. 2, Block 2 of Nexus Point Subdivision; thence along said north
line the two (2) following courses: 1) South 89˚46’59” West, a distance of 135.16 feet; 2)
North 00˚19’45” West, a distance of 10.00 feet to the southeast corner of Lot 3, Block 2 of
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said Nexus Point Subdivision; thence along the east line of said Lot 3 North 00˚34’10”
West, a distance of 187.06 feet; thence continuing along said east line and through Arnold
Street, respectively, North 24˚27’42” East, a distance of 40.00 feet to the centerline of
Arnold Street; thence along said centerline the two (2) following courses; 1) along a curve
turning to the right with an arc length of 26.66’, with a radius of 150.00’, with a chord
bearing of North 60˚26’49” West, with a chord length of 26.62’, with a delta angle of
10˚10’57”; 2) thence North 51˚59’14” West, a distance of 122.93 feet; thence through said
Arnold Street North 38˚00’46” East, a distance of 30.00 feet to the Point of Beginning.
Said tract containing in area 1.493 acres and is subject to any existing easements.
Section 4
That the zoning district designations of the following-described property is hereby established as
PLI (Public Lands and Institutions):
Legal Description
All that certain portion of Nexus Point Subdivision being Park No. 1, Block 2 together with
portions of South 21st Avenue located in the NE ¼ of Section 23 Township 2 South, Range 5 East,
P.M.M., City of Bozeman, Gallatin County, Montana, being more fully bounded and described as
follows:
Beginning at the southwest corner of Lot 4, Block 2 of said Nexus Point Subdivision; thence along
the south line of Lot 4 and Lot 3, Block 2 of said Nexus Point Subdivision, respectively, North
89˚46’59” East, a distance of 330.76 feet; to the west line of Lot 2, Block 2 of said Nexus Point
Subdivision; thence along the west and south line of said Lot 2, Block 2, respectively, the two (2)
following courses; 1) South 00˚19’45” East, a distancer of 10.00 feet; 2) North 89˚46’59” East, a
distance of 141.15 feet to the west line of Lot 1, Block 2 of said Nexus Point Subdivision; thence
along said west line the four (4) following courses; 1) South 00˚12’53” East, a distance of 33.61
feet; 2) South 07˚14’30” West, a distance of 31.57 feet; 3) South 13˚18’18” East, a distance of
27.98 feet; 4) South 00˚15’42” East, a distance of 18.39 feet to the north line of Lot 1, Block 1,
Parkland of Minor Subdivision Number 235C; thence along the north line of said Parkland South
89˚49’56” West, a distance of 468.91 feet to the west right-of-way line of South 21st Avenue;
thence through South 21st Avenue South 89˚49’56” West, a distance of 30.00 feet to the centerline
of South 21st Avenue; thence along said centerline the two (2) following courses; 1) North
00˚14’12” West, a distance of 73.91 feet; 2) along a curve turning to the left with an arc length of
39.36’, with a radius of 150.00’, with a chord bearing of North 06˚38’14” West, with a chord
length of 39.24’, with a delta angle of 15˚02’01”; thence through South 21st Avenue North
75˚50’45” East, a distance of 30.00 feet to the Point of Beginning.
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Ordinance No. 2164, Nexus Point Zone Map Amendment
Page 7 of 8
Said tract containing in area 1.338 acres and is subject to any existing easements.
Section 5
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 6
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 7
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 8
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
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Ordinance No. 2164, Nexus Point Zone Map Amendment
Page 8 of 8
Section 9
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after fin al adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on th e 21st day of May 2024.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the 4th day of
June 2024.
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
207
208
Memorandum
REPORT TO:City Commission
FROM:Kaitlin Johnson, Budget Analyst
Melissa Hodnett, Finance Director
Chuck Winn, Acting City Manager
SUBJECT:2025 Biennium Budget & Budget Message Special Presentation
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Finance
RECOMMENDATION:Listen to the special presentation.
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:We are pleased to present to you the City Manager Recommended Budget
for the 2025 Biennium. This special presentation will provide an
introduction to the City's first two-year budget with special attention paid to
the City Manager's budget message and the process of developing and
adopting a biennial budget. Commission will also be provided with an
introduction to the budget document as it serves to guide future
presentations and ultimately budget adoption. A work session will be held
on July 11, 2024 to present the details of the recommended budget by
department. Final Commission Deliberations and Adoption is scheduled for
June 25th.
UNRESOLVED ISSUES:None
ALTERNATIVES:Alternatives to the Recommended Budget may be discussed at Budget
Deliberation/Adoption on June 25th.
FISCAL EFFECTS:This presentation has no immediate fiscal impacts, but it is the first
presentation as part of the budget adoption process for the 2025 Biennial
Budget, which begins July 1, 2024 and ends June 30, 2025.
Per MCA 7-6-4020, prior to August 31, 2024 the City Commission will review
a preliminary annual operating budget (or budget in brief) specifically for
FY26 running from July 1, 2024 to June 30, 2025 and a public hearing will be
noticed.
Report compiled on: May 23, 2024
209
210
Memorandum
REPORT TO:City Commission
FROM:Chuck Winn, Interim City Manager
SUBJECT:Public Safety Mill Levy and Fire Station Construction Bond Work Session
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Policy Discussion
RECOMMENDATION:Listen to presentation, ask questions, and provide direction to develop a
proposed public safety mill levy and Fire Station 4 construction bond to bring
back to the Commission for review in July 2024.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:Bozeman has changed significantly over the past two decades. It has nearly
doubled in size and has grown from a micropolitan area to a metropolitan
one. Residents feel the challenges that come along with growth, and City
staff feel the strains as they go about their daily work. As an organization,
growth has allowed us to incrementally add staff in many departments to
meet the expanding needs of the community. Additionally, we have been
able to make important adjustments in employee compensation to help
ensure we can recruit and retain qualified employees, our most valuable
resource.
While we have been able to add resources in some departments, we have
not been able to implement significant staffing increases in our Fire and
Police Departments. The last meaningful addition to our public safety
departments was in 2007 when the population was 34,969. Today,
Bozeman’s population exceeds 57,000 and the City is struggling to provide
critical life-safety and law enforcement services with the same staffing levels
of 17 years ago. The City has changed significantly since 2007, and so must
our public safety services.
As we look to the future, we can expect these trends to continue to increase.
Bozeman continues to be a regional hub for southwest Montana, attracting
visitors from in and out of the state, visitors who come here for both work
and play. While this is good for our economy and local businesses, it places
additional burdens on City services and results in more calls for services on
our already strained emergency response system.
Public Safety Facilities Successes
211
Since the staffing levy in 2007, over 17 years ago, one of the major focuses
for the City's public safety departments has been the addition of new
facilities which replaced aging structures that were woefully inadequate and
unsafe. In 2021, the Bozeman Public Safety Center passed, finally providing a
centralized hub for our public safety and courts functions to collaboratively
work together in a building with room to accommodate growth. This July we
will open a new relocated Fire Station 2 that will use existing personnel and
equipment to reduce response times to Montana State University and
growing south Bozeman.
Current Staffing Challenges in Fire and Police
The Bozeman Fire Department faces several challenges that impact its ability
to provide effective emergency services within the City. The Fire Department
operates with the same number of fire trucks that it had in 2007. The
department recently reduced its level of service in order to better address
the most pressing issues. The need to prioritize critical, life-threatening calls
leads to a lower level of service to residents who may not need lifesaving
care, but who still need a high level of care from an experienced
professional. The continuous need to prioritize critical calls means that
proactive risk mitigation, public education, and outreach efforts suffer due
to limited staff capacity. While the relocation of Fire Station 2 was a planned
effort to better serve the Bozeman community, a fourth fire station has been
a priority for many years and is needed to effectively serve the fast-growing
West side. Currently, response times are more than four minutes beyond
the national standard, significantly affecting the survivability of emergencies
and increasing the community's risk and extent of property damage.
Additionally, notable gaps in training programs and emergency preparedness
have been identified in a recent Insurance Services Office (ISO) audit and
accreditation work via the Center for Public Safety Excellence (CPSE).
The Bozeman Police Department continues to face significant staffing and
resource challenges. As the population has increased, so has crime and the
number of calls for service. The department has shifted toward responding
to crime reactively rather than proactively. Today, officers are unable to do
the important work of preventing crime, leading to a growing lack of trust
and increased safety concerns among residents. A common concern the City
hears from the public is frustration around traffic enforcement, as they
witness drivers routinely breaking laws such as driving through red lights and
speeding through school zones. Due to other pressing calls, officers are
unable to proactively enforce traffic laws. Even more concerning, a police
officer may witness illegal driving and be unable to stop a driver because
they have pending higher priority calls. This leads to increasing frustration
among residents and a significant decrease in their trust in law enforcement.
Unfortunately, this cycle continues and the feeling of community safety
declines.
212
Inadequate staffing levels impact other areas of policing as well. Detectives
are frustrated by their limited capacity to do the meaningful work that
should be done for less severe crimes, ultimately leading to frustration
experienced by victims. While many of us are fortunate enough to never
experience violent crime, we are more often victims of theft, hit and runs,
and other misdemeanor crimes. These are crimes that still deserve a
thorough investigation. However, with current staffing levels, the Bozeman
Police Department oftentimes cannot provide a response beyond the
generation of a report.
Residents of Bozeman deserve better and our police department wants to
do better. Community policing practices such as engagement with various
community groups and public education efforts build positive and trusting
relationships between the police and the community. Too often these efforts
are sacrificed while officers are responding to urgent and oftentimes life-
threatening calls. We also face risks of burnout and challenges with
retention when operating with a strained workforce and unsustainable levels
of activity. An experienced and trained officer not experiencing burnout will
be a more effective officer and will be able to provide a higher level of
service to our residents. It is imperative that our officers are able to
effectively serve our community, creating more positive experiences with
law enforcement for the general public.
Proposed Solution – Public Safety Levy and Fire Station 4
Construction Bond
To address these challenges, we propose a public safety mill levy and
construction bond to build Fire Station 4. For the Bozeman Fire Department,
this will address both current challenges and the need for resources to
address future growth. The levy will allow us to implement a Quick Response
Vehicle (QRV) program, allowing us to send smaller vehicles on calls,
enhancing response times, keeping fire trucks in service for high acuity calls,
and improving patient outcomes. Additional staffing will allow for increased
critical training and additional resources, directly impacting response times
and resource availability, where every second counts towards our ability to
save lives.
For the Bozeman Police Department, the proposed measure will allow for
increased proactive policing on patrol shifts, proactive crime prevention,
added follow-up on all crimes, and will increase the department's presence
in the community. Additional staff will allow us to establish a dedicated
traffic unit and be proactive in mitigating and managing the growing number
of traffic incidents in our community. Increased staff capacity will allow us to
address critical training needs, address crime in a more effective and timely
manner, and ultimately reduce risk and enhance the service we provide to
the public. We strive to continue to make Bozeman a safer place every day
and the proposed measure will help us to achieve this.
213
Public safety is an essential service and a core function of the City and one
that City staff take seriously. Our Police and Fire Departments are eager to
better serve our community by being more proactive and more effective in
protecting our community. If the Commission directs us to move forward
tonight, we will work with our team to prepare ballot language and a cost
analysis for final Commission action in July in time to meet the statutory
requirements for the November 2024 election. This will provide voters the
chance to decide on this issue as they have done in the past.
UNRESOLVED ISSUES:Exact number of personnel needed in Police, Fire, and other city functions
impacted by passage of the mill levy and construction bond. Specific impacts
to taxpayers will be determined by the personnel included and phase
implementation of hiring and construction.
ALTERNATIVES:Continue to operate public safety services at current staffing levels
FISCAL EFFECTS:With Commission direction, we will work with our team to identify exact
numbers of personnel needed and determine taxpayer costs with a phased
implementation. We will bring the proposal back to the Commission in July
2024 for consideration.
Report compiled on: May 30, 2024
214
Memorandum
REPORT TO:City Commission
FROM:Mike Maas, City Clerk
Chuck Winn, Interim City Manager
SUBJECT:Appoint a New Bozeman City Commissioner
MEETING DATE:June 4, 2024
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Consider the Motion: I move to appoint ____________ to the position of
Bozeman City Commissioner with a term ending in compliance with Section
2.06(c) of the Bozeman Charter for the the term that will expire at the
beginning of the first regularly scheduled meeting in January of 2026.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:On March 26, 2024 former City of Bozeman Commissioner Christopher
Coburn resigned from office. Based on the City's Charter, a vacancy in the
city commission shall be filled for the remainder of the unexpired term,
pursuant to state law. Montana Code Annotated 7-4-4112 states the
position is considered open and subject to nomination and election at the
next general municipal election, occurring November, 2025. Pending an
election and qualification, the council shall, by a majority vote of the
members, appoint a person within 30 days of the vacancy to hold the office
until a successor is elected and qualified.
On April 6, 2021, information was provided on the process for filling a vacant
position. Substantively, this process is the same.
REQUIRED QUALIFICATIONS FOR CITY COMMISSIONER:
A person is qualified for the position of commissioner if: (i) the person’s
principal residence is within the city; (ii) the person is a registered elector of
the city; and (iii) meets all other qualifications of Montana law including
United States citizenship. See Charter, Sec. 2.02(a); Sect. 7-4-4104, MCA
PROCESS/SCHEDULE:
Public participation is a critical aspect of the appointment process. As such,
and considering the short time frame for appointment, we recommended a
number of steps to ensure a clear and transparent process and that the
public has a meaningful opportunity to participate prior to the Commission’s
appointment.
1. The City Manager posted a notice of vacancy on Saturday, May 11th.
215
See attached notice. The notice was posted on the City's website,
posted to the City's eNotifications, distributed to various social media
outlets, and published in a local newspaper. A project page on the
City's website was created that includes this process and candidate
submittals.
2. The advertisement required interested citizens to submit a statement
of interest indicating their qualifications for and interest in the office
of commissioner. See above for a discussion on legal qualifications.
The statement of interest and qualifications must be limited to no
more than 1000 words.
3. As Montana law requires the vacancy to be filled within 30 days, the
last day for the Commission to make the appointment is June 6, 2024.
To conduct the appointment at a regular meeting, the last available
regular meeting prior to the statutory deadline was June 4, 2024. The
Commission may schedule a special meeting to make the
appointment.
4. In order for the Commission to fill the vacancy at its regular meeting
on June 4th, the agenda and supporting materials must be published
on Thursday, May 30th. Therefore, a candidate's statement of
qualifications and interest must have been submitted by 5 pm, May
23rd. The candidate's submittals are included in these packet
materials and have been made available for the public review. All
materials submitted are considered public information.
5. At the beginning of the agenda item where the Commission will
appoint a new member, we suggest candidates be provided an
opportunity to make a short presentation not longer than three
minutes. After the presentations the Commission should take public
comment and then make the appointment by motion and vote.
6. After appointment, the person appointed must be sworn into office.
We suggest the taking of the oath occur immediately after the
appointment is made. The person will, upon swearing in, commence
their role as a commissioner. The City Clerk will file the oath of office
with the Gallatin County Elections Administration as soon as possible
following the taking of the oath.
All applicants have been confirmed by the Gallatin County Elections Office as
registered voters within the City of Bozeman.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As directed by the Commission.
FISCAL EFFECTS:Minimal costs within current appropriations.
Attachments:
Oath of Office - TBD.docx
Legal Ad for CC Vacancy.pdf
Roger Blank.pdf
216
Mikiyo Aoki.pdf
Emma Bode.pdf
Jason Delmue.pdf
Lauren Dupuis.pdf
Brian Keefe.pdf
Kirsten Smith.pdf
Sarah Orr.pdf
Alison Sweeney.pdf
Emily Talago.pdf
Tom Woods.pdf
Report compiled on: May 7, 2024
217
City of Bozeman
Oath of Office
I,INSERT NAME HERE,do solemnly affirm that I will support, protect, and defend theConstitution of the United States, the Constitution of the State of Montana, and the Charter of the City of Bozeman; and that I will discharge the duties of my office with fidelity.
________________________________INSERT NAME HERECity Commissioner: November 28, 2023 - 2025
Subscribed and sworn to before me this28thday of November, 2023.
______________________________Jeff MihelichCity ManagerCity of Bozeman
State of Montana)County of Gallatin)ssCity of Bozeman)
On this _28th_ day of __November___, 2023, before me ____Mike Maas____ personally appeared ________________________, known to me to be the person whose name is subscribed to the foregoing Oath of Office, and acknowledged to me that he executed the same.
______________________________Printed Name
______________________________Signed Name
______________________________ Residing at
______________________________ My commission expires on
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AD# 513519
Discount: $0.00
Surcharge: $0.00
Credits: $0.00
We Appreciate Your Business!
Gross:$120.00
Paid Amount:$0.00
Amount Due:$120.00
Payments:
Date Method Card Type Last 4 Digits Check Amount
PO Box 11902820 W College, 59718, Bozeman,MT 59771Ph. Fax: (907) 452-5054
ADVERTISING PROOF
CITY OF BOZEMAN_Mike Maas PO BOX 1230 BOZEMAN, MT 59771-1230
BILLING DATE: ACCOUNT NO:
05/09/24 27944
AD #DESCRIPTION START STOP TIMES AMOUNT
05/11/24 05/22/24 8 $120.00Public Notice of Vac513519
Public Notice of Vacancy on the Bozeman City Commission And Invitation to Submit Statement of Qualifications and Interest
The Bozeman City Commis-sion notifies the citizens of the city of Bozeman that a va-cancy exists in the office of a Bozeman City Commissioner. The Commission requests any registered voter of the City of Bozeman with their primary residence within city limits and who meets the require-ments of holding public office in Montana, interested in be-ing appointed to the office of City Commissioner to submit a statement indicating their qualifications for and interest in the office of City Commis-sioner.
The statement must be no more than 1000 words and received in the Bozeman City Clerk’s office no later than 5:00 p.m. on Thursday, May 23, 2024. Candidates and information received by the Clerk after this deadline will not be considered by the Commission. Candidates must provide five printed cop-ies and email the statement to bozemanclerksdepartment@bozeman.net. The required information must be delivered to the Clerk’s office located at Bozeman City Hall, 121 N. Rouse Ave or by mailing it to: Bozeman City Clerk, P.O. Box 1230 Bozeman, MT 59771-1230. Mailed submittals must be received by the above deadline. All information sub-mitted will be considered public information and will be available to the public via the City Clerk and may be posted on the city’s website at www.bozeman.net for public view-ing on or about May 30, 2024.
The City Commission may make a decision on appoint-ment as early as the regularly scheduled meeting on Tues-day, June 4, 2024.
The public is encouraged to submit comments on the process of appointment or on individual candidates to the City Clerk’s Office. You may also email comments to comments@bozeman.net.
MNAXLP
219
1
Roger S. Blank
Blank Law, P.C., a Montana Professional Corp.
2201 Baxter Lane, Suite 10295
Bozeman, Montana 59718
Fax #: 406-295-1680
Cell #: 917-882-2133
RogerBlankEsq@mac.com
May 20, 2024
Bozeman City Commission
121 North Rouse Avenue
Bozeman, Montana 59715
Re: Application for vacant City Commission position
To the esteemed Members of the Bozeman City Commission:
I am uniquely qualified to serve as Bozeman City Commissioner in the seat previously
occupied by Christopher Coburn.
In the most recently completed election cycle, November 2023, I made a first-ever run for
elective office in Bozeman. With no connections, no prior name recognition, no
campaign staff and a minimal budget, I ran against an enormously popular and
respected veteran opponent. I received greater than one-fourth of all votes cast. Despite
being a relative newcomer to Bozeman's city government community, my qualification
to serve hasn't gone unnoticed by the Daily Chronicle's Editorial Board, which recently
remarked, "Blank's willingness to enter the fray of municipal politics and work to better
his chosen home is commendable. He would bring a different mindset and fresh ideas to
the commission."
My public positions are a matter of public record and known to most on the
City Commission. Professionally, I possess 26 years of top-tier experience and a solid
record of results as an attorney working in criminal justice and law enforcement. In past
positions, I served as Assistant District Attorney in Bronx County and as a Special
Prosecutor for over 40,000 uniformed member New York City Police Department,
wherein I prosecuted uniformed police officials for corruption and official misconduct. I
subsequently established a criminal defense practice through which I advocate for and
defend members of the public, including police officials wrongly accused of criminal
conduct or violations of NYPD regulations. I also operate a civil practice, where I pursue
actions for those whose constitutional rights are violated and advise medical
professionals on the administration of their practices to ensure state and federal
regulatory, including but not limited to employment law compliance. I am admitted in
state and federal courts, and before the United States Supreme Court.
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2
My interest and intent in pursuing elective office and in seeking appointment to the
vacant Commission seat is to preserve and protect the Bozeman that I found when I first
relocated here, a city unlike any other, in any other place. I bring a unique perspective to
a position for which some are called to serve, but not all are qualified to hold. While
some of my views will certainly align with those of other members of the Commission,
they will always align with those I serve; the citizens of Bozeman.
My positions on both the short-term and long-term issues Bozeman presently faces have
been widely reported. I believe the UDC, Bozeman's roadmap for the next decade and
beyond, is paramount and must reflect the needs and values of the people. I applaud the
Commissioners' decision to table its adoption pending expanded public engagement and
input. I also applaud the City’s public outreach through the community survey 2024. If
appointed, public outreach will comprise a core component of my service, not only where
the UDC is concerned, but for all key issues affecting Bozeman citizens.
Concerning affordable housing, I have developed a combined market-oriented
and collaborative public/private approach to resolve this controversial and complex issue.
I presented this during my prior campaign and would seek to pursue through the
Commission.
On the subject of downtown parking, I have proposed a solution, subsequently profiled in
the Daily Chronicle, that will concurrently serve the interests of our businesses, their
employees and Bozeman residents, while simultaneously generating revenue for the city
itself.
Perhaps most controversial, I disagree with the ordinance passed governing so-called
'urban campers', which resulted from a negligent and fundamentally flawed legal analysis
provided by the City Attorney to the Commission. This untenable ordinance derived from
the City Attorney’s negligence subjects Bozeman to substantial exposure, most notably in
the form of multiple civil lawsuits against the city. There is, however, a middle ground
that can address the interests of the business community litigants, the residents whose
quality of life is adversely impacted by the campers, and the urban campers themselves,
who stand to benefit from a sensible, city-sponsored solution. This issue will inevitably
be revisited and it is imperative that Bozeman voluntarily embrace an effective, lawful
approach when it does, lest a judicial solution be forced upon the city at considerable
taxpayer expense.
A critical issue that demands realistic response is water usage. Conservation is not
enough. Water capture capacity must expand in step with Bozeman's population growth.
Bozeman must face the fiscal and scientific realities associated with urban growth and
water supply. To ignore it or hold to a false belief that conservation is the answer
amounts to dereliction of duty in serving the needs of the public.
Additionally, under Montana law, the City’s Charter is up for review. Last revised in
2004, the City Charter is deficient and lags perilously behind two decades of economic
evolution, population growth and urban expansion. I support the public vote to revisit the
City’s form of governance and support a more direct and democratic form of
representation. Currently the most powerful individual with the greatest day to day
impact over the citizenry is the City Manager; an individual not answerable to or elected
221
3
by the public. A change I would support as part of a City Charter revision would be to
eliminate the City Manager’s position and move to a directly elected chief executive
directly answerable to the electorate; and rather than the current election of at large
commissioners, commissioners elected to represent specific districts to be drawn during
the revision process.
Finally, where law enforcement is concerned, in response to population growth, Bozeman
must adapt its public safety measures relating to all categories of criminal activity,
including drug interdiction, gang development, domestic violence and sexual assault. My
extensive law enforcement experience is particularly relevant in addressing this important
issue.
The Commission has an obligation to fill its vacancy in a manner that best serves the
needs of its citizens. Bozeman cannot afford to deprive taxpayers of new ideas and
innovative solutions to problems that must be addressed, nor may it simply ignore or
dismiss more than a quarter of the voters who spoke so clearly and unequivocally in
November 2023 in casting their ballots for me. It's important to remember that
qualifications alone do not determine suitably for holding elective office. Running for
office and seeking the vote of the people is evidence that one possesses the energy, drive
and enthusiasm to do the job. My experience demonstrates I am uniquely qualified to
serve as City Commissioner. My 2023 campaign establishes I have the requisite stamina
and want to do the job. And last year’s election results are proof that greater than one-
fourth of Bozeman voters have chosen me to represent them in city government. In
selecting an individual to fill this vacancy, the Commission must respect the democratic
process. Appointing me to serve out the remainder of former Commissioner Coburn’s
term respects that process. To select someone with lesser credentials, who has expressed
no desire to run for elective office and who lacks the support of Bozeman voters would
do nothing more than disenfranchise a substantial portion of the electorate.
This will be my second application after the November 2023 election and as is said, hope
springs eternal. Even if I am not selected I look forward to working with you the
members of the City Commission in any capacity so desired for the benefit of our
Bozeman community.
Thank you for your time and consideration.
Very truly yours,
____________________
Roger Blank
222
Mikiyo Aoki
3019 Erwin Ave,
Bozeman,MT 59715
(406)581-6521
Dear Mayor Cunningham,Deputy Mayor Morrison,Commissioner Madgic,and
Commissioner Fisher,
I am writing to you today to express my interest in the open Bozeman City Commision
position.
My family moved here when I was one,and I have been a lifelong resident of Bozeman
ever since.I was here when the old Hastings shopping center was still a field and have
since seen tremendous and exciting growth happen over the last 30+years.
Like the rest of you,I have experienced the highs and lows that have inevitably
coincided with this exponential growth.On one side,I have experienced the crunch of
rising home prices and cost of living.On the other hand,growing up as a minority in a
predominantly homogenous population,I have enjoyed seeing a greater diversity of
citizens with different backgrounds and experiences moving in to contribute to our great
community.
While everyone applying has an interest in this position,I wanted to focus on my
qualifications that I believe will complement the existing skill set of the current
commission.
I have worked for 15 years in the tech sector.My first job in college was working as an
intern and later contractor for RightNow Technologies here in town.Since then I have
worked for Oracle after the acquisition,and currently work remotely for Salesforce.
Something I have learned in this field is the importance of making data driven decisions.
223
Everyone has their own background and preferences.Some wheels are squeakier than
others,and everyone will choose to vocally champion their own agenda.
An analysis of the data allows us to cut through the noise and provide actionable
change that actually coincides with the needs and desires of our community.
One of Bozeman’s strengths is that it draws people with varied interests and
backgrounds.My mom has worked at local nonprofits for the majority of her life,while
my brother and dad both started small businesses here in town.Over the years I have
become close with people across all walks of life,all existing and thriving in our local
community.I have had the opportunity to develop a deep understanding of the
community from various (and oftentimes competing)perspectives.
But what do you do when one faction adamantly opposes a project or initiative from
another group?By focusing on the data we are able to track the effectiveness of policy
decisions and ensure the decisions the commission makes are providing the biggest
impact for its intended stakeholders.
Furthermore,while reading through the city’s Strategic Plan I noticed various goals and
initiatives that could strongly benefit from the right technological implementations.
Everything from how we can efficiently engage with the community and gather
feedback,how we can develop and train our workforce with relevant skills,and how we
can build strategic partnerships,all can be accelerated and refined using the right tech
stack.
I was encouraged to see the city is already using Tableau as their data platform,as
Tableau is owned by my current employer Salesforce.I would love the opportunity to
take ownership of how we can continue to drive technology to gain insight and drive
actionable change within our community.
224
As a resident I have been grateful to see all the amazing projects and developments
this commission has provided over the years.Bozeman is truly an incredible place to
live and I credit much of that to the decisions made by the very people reading this
application today.Regardless of the outcome here today,I wanted to thank you all for
everything you have done to improve Bozeman.I would love the opportunity to
contribute whatever expertise I can in service of our great community as well.
Thank you again for your time and consideration.
Sincerely,
Mikiyo Aoki
225
May 22,2024
Dear Bozeman City Mayor,Deputy Mayor,and Commissioners,
I have remained interested in a position on the City Commission since my participation in
last December's appointment process and again submit my name for consideration.I am a
renter of 10 years in a town with a housing crisis,a young person staring down the barrel of
the climate crisis,and a queer woman in a state systematically attacking the rights of queer
and trans Montanans.I voted for Christopher Coburn in 2021 because I felt that the issues
most impacting me and my peers would be centered in his decisions on the Commission.I
am immensely grateful to Christopher for the time and energy he gave to this community
while in office.If appointed to serve the remainder of his term,I feel that I could continue to
represent many of the qualities his voters supported by electing him.
Community Leadership:I built my foundation in change making as a student at MSU where I
founded Sustainability Now,a student club that established dining hall composting and
advocated for divestment of MSU’s endowment from fossil fuels.Following graduation,I
organized professionally with Forward Montana where I led a community organizing
fellowship program,managed the voter registration of thousands of young people,
organized community actions,and engaged youth on local issues of housing,voting rights,
and racial,economic,and climate justice.I have a proven record of making participating in
government approachable and engaging with people whose voices are underrepresented.
I currently volunteer with Sunrise Gallatin Valley,a youth-led organization striving for a
livable future and the creation of good paying jobs in the process.In my time with Sunrise,
I’ve supported multiple campaigns pressuring the Public Service Commission and
NorthWestern Energy to provide affordable and clean energy,which is critical to the City
goals in the Bozeman Climate Plan.If appointed,I would bring my experience organizing for
sustainability and climate solutions to the Commission.
In 2019,the Commission selected me to join the Bozeman Climate Team,where I
contributed to the development of the Bozeman Climate Plan.In 2021 the Commission
again recognized my leadership by appointing me as Chair of the Bozeman Sustainability
Advisory Board.In my two and a half years of service,I have effectively run formal meetings
and have provided recommendations on Commission work plan items.I am familiar with the
content of many City plans as well as the limitations the City must navigate to implement
them.Serving on the Commission would be an extension of the work I already do in this
community.
Data-Driven Approach:I graduated with honors from MSU earning both a bachelor’s and
master’s degree in environmental science with a focus in geospatial analysis.Through my
studies,I learned to dissect complicated topics,analyze data,and communicate findings in
ways that resonate.My colleagues depend on me for strategic,data-driven
recommendations to inform their programs in my current position as a data analyst for
226
nonprofit organizations involved in civic engagement.If appointed,I will bring this lens to all
complex decisions and leverage my coursework and research in soils,hydrology,and
landscape ecology to inform land use planning decisions.
How I Show Up:I value people both as individuals and for the whole we make together.I go
to my community to find solutions and am accountable to my peers.I lead with curiosity,
working to embrace nuance and not make assumptions.I am consistent,showing up
prepared and eager to lean into difficult conversations with compassion.I lead from within a
group and I build trust with followthrough.I recognize the privilege I hold as a middle-class
white person,and know it is imperative that I be aware of how my culture and actions impact
people with oppressed and marginalized identities.I cannot promise to do no harm,only to
listen deeply,educate myself,be open to feedback,and make authentic apologies that take
full responsibility for my actions when I mess up.
Vision:During this time of growth and intense change,as a Commissioner I would advocate
for policies that build a Bozeman where residents can meet their needs,good paying jobs
are abundant,and we have housing we can afford.Renters have responsive and accountable
landlords.We tend to the land,conserve water,support sustainable agriculture,and protect
sensitive ecosystems and key migration corridors.Residents rarely need to get into a car
because there are abundant and accessible public transit options,walking paths,and safe
bike lanes that are maintained,even in winter months.Our buildings are efficient and we
power them with renewable energy from the grid or solar we generate ourselves.Neighbors
know each other,meet regularly to build community,celebrate each other and the seasons,
and support each other through hardship.All people are treated with humanity,our voices
are heard in government,and we allocate resources justly.I fiercely believe that this vision of
Bozeman is possible and am working alongside my peers to build it.
The policy recommendations in the Bozeman Community Housing Action Plan,Triangle
Community Plan,Equity &Inclusion Plan,Climate Plan,and Sensitive Lands Plan provide a
road map toward the affordable,interconnected,sustainable,and welcoming community I
envision.I recognize the tremendous resources these and other City plans collectively
represent and would work to uplift their recommendations in Commission decisions.
Through my professional and volunteer service,I’ve built strong relationships,worked in
coalition with others,gained experience with the policy making process,and witnessed how
municipal,county,state,and federal policy influence one another.I feel that my experiences
in city government,organizing,and my personal life make me uniquely qualified to finish
Christopher’s term.Thank you for your service and thoughtful consideration of my interest
in this appointment.I would be honored to join you in City leadership.
In community,
Emma Bode,she/her
227
To: Mayor Cunningham, Deputy Mayor Morrison, and Commissioners Madgic and Fischer
From: Jason Delmue
Date: May 22, 2024
Re: City Commission Vacancy
Dear Mayor, Deputy Mayor, and Commissioners:
I applied for the vacancy of the late Commissioner Pomeroy because I knew that I had the
knowledge and experience to immediately contribute – working with the other four
commissioners – toward common goals on behalf of the community. I am specifically
familiar with some of the areas of greatest need and complexity, most notably zoning and
growth policy, or, as key aspects of these maDers could be termed, “How to deal with the
influx?” and “How can we help our workforce be able to live in our community?”.
With the recent departure of the former City Manager and the imminent departure of the
Director of Community Development, the need for a replacement for Commissioner Coburn
who is already well versed in these maDers has gone from important to essenKal.
Maybe it was the example set by my dad, who always made sure to check on and help out
his aunts and uncles in their later years, that insKlled in me the impetus to contribute.
During winter, I am fanaKcal about snow removal so that people of all ages and abiliKes can
pass safely. During summer, I carry a 14” folding saw in my mountain biking backpack to cut
blown-down trees from across trails.
I have also contributed for many years in a formal capacity with the City. For around 15
years, I served on the BABAB and was its chairperson when it was consolidated into the
TransportaKon Board. During that tenure, I became familiar with the TransportaKon Master
Plan as well as the City’s budget process, including the CIP. I learned that the best
transportaKon plan starts with good land use planning.
More recently, I have been serving on the Community Development Board. Even before my
appointment, I followed and parKcipated in the current evoluKon of our community’s land-
use policies, including the mulK-phase effort involving the Community Housing Needs
Assessment, the Community Plan 2020, the Community Housing AcKon Plan, the UDC
Affordable Housing Assessment, and the dra[ UDC Update.
Having been a parKcipant since 2007 in the process of conceiving of, applying for approval,
and then construcKng and maintaining a few small-scale residenKal infill projects, I have a
working understanding of the City’s past and current land-use regulaKons. As a general
enthusiast about governance and smart growth, I have also watched most of the City
Commission meeKngs going back many years and have familiarity with, among other things,
228
the community’s commitment to and progress toward sustainability and diversity, equity,
and inclusion.
Now, with a vacancy on the Commission, I see an opportunity to contribute further using
the insight gained from my service and involvement discussed above. I will bring
preparaKon, collegiality, and creaKvity in researching, understanding, and deliberaKng our
community's complex issues. I look forward to the emergence of the various nodes around
town, as set forth in the Community Plan, to provide neighborhood-scale commercial
offerings for nearby residents to saKsfy daily and weekly needs by walking or riding a bike. I
am also opKmisKc about opportuniKes to improve our area’s transit system now that
Bozeman has become a metropolitan planning area.
I will be able to contribute immediately. I share the commitment of the Commission and
the City’s professional staff to keep striving for progress on the affordable housing crisis
facing the City’s workforce. For both social jusKce and smart growth, I agree with the City’s
collecKve prioriKzaKon of this issue, including working with non-governmental partners. I
have been heartened to see the periodic updates by David Fine about the mulK-faceted
efforts and progress along most of the housing spectrum – from emergency shelter to
transiKonal housing to various levels of affordable housing to entry-level for-purchase
housing.
I think an important perspecKve that I can bring to the Commission is an appreciaKon of the
value and dignity of all who work in our community. Our family’s modest household
growing up occasioned me to have to work early and o[en. As a kid, I helped when the
family would go to the woods to cut firewood, and I would split and chop it for weeks a[er
we got it home. In fourth grade, I got a paper route (365 days a year, in every weather
condiKon). When I was fourteen, I started working at LiDle Caesar’s (sKll delivering
newspapers in the morning). In recent years -- on my own construcKon projects, helping my
friend and builder on his other projects, or on my cousin’s small farm – I do plenty of labor.
I believe that everyone working for our community should have the opportunity to live in
our community affordably.
If selected to fill the Commission vacancy, I can contribute in several ways. My educaKon in
accounKng insKlled meKculous aDenKon to precise and systemaKc progress, starKng at the
foundaKonal level. My educaKon in law, refined by clerking for a U.S. District Court judge
and then for one on the Ninth Circuit Court of Appeals, allowed me to hone rigorous
research and analyKcal skills. My years in private pracKce of law required me to develop
skills in triage – determining a course of acKon that balanced several factors or limitaKons
including importance, effecKveness, Kme, and budget. And my collecKve legal experience
gives me a disciplined understanding of the criteria imposed by Bozeman’s municipal code
and the MCA, underlying many of the decisions that come before the Commission.
229
I always say that dominoes of luck lined up for me in 2001: fortuitous circumstances
brought me to Bozeman as well as pushed me to buy an affordable starter home (back
when there was such a thing). Sadly, unfortunate circumstances now line up against our
city’s workforce. I have the knowledge and understanding to effecKvely collaborate in the
collecKve effort of City elected officials, professional staff, volunteers, and ciKzens toward
progress on that front and the other complex issues facing our community. I will strive to
bring imaginaKon to the challenges and opportuniKes the city faces -- now, and with an eye
on the horizon.
Thank you for your consideraKon,
230
May 22, 2024
Bozeman City Hall
121 N. Rouse Ave
Bozeman, MT 59715
Dear Bozeman City Commission,
My name is Lauren Dupuis and I am writing to apply for the open City Commissioner
position in Bozeman, Montana. As a stay-at-home mom and a passionate advocate for
community development, I believe that my skills and experience make me an ideal
candidate for this role.
Several years ago, my husband and I found ourselves facing the challenges and
pressures that come with raising a family in a large city. While our old home offered
countless opportunities and amenities, we realized that it lacked the sense of
community and connection we desired for our children. We longed for a place where our
family could thrive in a close-knit environment, surrounded by natural beauty and a
strong sense of community. After extensive research and visits to various cities, we
found our answer in Bozeman.
Bozeman, with its stunning landscapes, vibrant downtown, and welcoming community,
provided the perfect setting for us to build a fulfilling life for our family. The abundance of
outdoor recreational activities, such as hiking, skiing, and fishing, offered endless
opportunities for our children to explore and appreciate the wonders of nature.
Bozeman's strong sense of community has had a profound impact on our family. The
genuine warmth and friendliness of the people here have made us feel welcomed and
included from the moment we arrived. We have found a supportive network of friends
and neighbors who share our commitment to creating a safe, inclusive, and prosperous
community for all residents. This sense of belonging has inspired me to become more
actively involved in local initiatives and to seek opportunities to contribute to the
betterment of Bozeman. I have recently been elected to the Flanders Mill
neighborhood board of directors.
As a stay-at-home mom, I have had the privilege of dedicating my time and energy to
raising my children and supporting my family. This role has taught me invaluable skills in
organization, communication, and problem solving. I believe that my experience as a
stay-at-home mom has equipped me with a unique perspective, as I have witnessed
231
firsthand the impact of policy decisions on families and the importance of creating a
supportive environment for all residents.
If given the opportunity to serve as a City Commissioner, I am committed to being a
strong voice for the community and advocating for policies that promote sustainable
growth and safe and welcoming environments for all residents. I will work tirelessly to
ensure that Bozeman remains a place where families can thrive and individuals can
pursue their dreams. My dedication, passion, and ability to collaborate effectively will be
invaluable assets in this role.
I would be honored to serve in this capacity. Thank you for considering my application.
Sincerely,
Lauren Dupuis
619-549-6693
Lespinosa120452@icloud.com
232
Brian Keefe
418 Bogert Place
860-214-4945
brianjkeefe@gmail.com
May 23,2024
Dear City Commissioners:
I am writing to express my interest in the current vacancy on the Bozeman City Commission.My
experience as a finance professional,community leader,and resident of Bozeman aligns with the
needs of the City Commission.I am eager to leverage my skills and passion for sustainable growth to
contribute to our city’s future.
Community and Professional Experience:
As a resident of Bozeman,I have immersed myself in the community through various roles:
●Gallatin Valley Land Trust (GVLT)Next-Gen Board Member:As a board member,I drive efforts
to preserve and establish open spaces in the Bozeman community,reflecting my commitment to
sustainable land use and conservation.I firmly believe that trails and open spaces unite
communities and enhance our quality of life by providing recreational opportunities,protecting
natural habitats,and fostering a sense of belonging and well-being among residents.
●Bozeman Run Club Leader &Treasurer:I lead group runs for this community-based
organization with over 800 members,fostering a strong sense of community,belonging,and
promoting active,healthy lifestyles.We provide a free resource for people to meet new friends,
explore new places,and engage as land stewards.In addition to creating a safe and supportive
space inclusive of all abilities,we volunteer to build and maintain trails,clean up waterways and
public use areas,and support other nonprofits in the Bozeman community.
●Economics &Personal Finance Teacher at The Bozeman Field School:Teaching at this
Montessori high school has allowed me to engage with young minds and promote critical
thinking and financial literacy among the next generation.The Bozeman Field School is built on
the principle of individualized education,allowing me to help students hone their research and
analytical skills and prepare them for both academic and real-world challenges.
My professional background includes over a decade of experience in financial planning,accounting,
and data science.In my most recent role,I led the annual budgeting and forecasting process for a
$150M allocation across 30 departments,utilizing data-driven models to facilitate efficient
decision-making processes aligned with the company's strategic goals.I am valued for successfully
building and leading high-performing teams,managing cross-functional relationships,providing
strategic insights to drive organizational growth,and bridging strategic vision and execution.
Vision for Bozeman:
I am committed to promoting policies that support affordable housing,enhance public transportation,
and preserve our natural environment.My work with the GVLT Next-Gen Board has particularly fueled
my passion for these issues,as we strive to foster an all-inclusive community through access to open
spaces and intentional community planning.My experience as a Wildland Firefighter with the US Forest
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Service further solidified my commitment to intentional land management and the importance of taking
a big-picture approach.
I support collaborative leadership through consensus-building and believe that diverse perspectives
and inclusive decision-making processes are essential to developing effective and sustainable
solutions.I aim to create a unified vision that addresses the needs of our growing community and
fosters a vibrant and resilient Bozeman for future generations.
Addressing Current Issues:
Bozeman faces considerable challenges,including the need for affordable housing,a rising homeless
population,and development pressures.Addressing these issues requires robust economic
development strategies and community-driven initiatives.I approach these challenges without a
predetermined agenda,focusing instead on fostering collaboration among residents and experts to
facilitate problem-solving and find effective long-term solutions.My motivation to join the Commission
stems from a belief that trust in our city’s leadership is essential for Bozeman to successfully navigate
its growth and future challenges.
If appointed to the City Commission,I promise to:
●Arrive Prepared:Ensure thorough preparation for commission meetings,including seeking input
and conducting comprehensive research.
●Be Respectful and Kind:Treat every community member and fellow commissioner with respect
and kindness and foster a collaborative and productive environment.
●Participate In Transparent Decision-Making:Advocate for transparent,participatory
decision-making processes that reflect the values and vision of our community.
●Engage and Learn:Engage with and learn from community members with diverse perspectives
to inform my decisions and accurately represent the views and concerns of constituents.
Personal Motivation and Long-Term Commitment:
My personal and professional experiences have given me a vested interest in the future of our
community.I believe that with thoughtful planning and proactive policies,we can address the
challenges of growth while preserving the unique qualities that make Bozeman a cherished place to call
home.I am excited about the opportunity to serve Bozeman and work collaboratively with the City
Commission to navigate the growth and challenges ahead.
I take pride in my ongoing community-driven engagements,such as working collaboratively with
Jessica Ahlstrom,the Water Conservation Program Manager,this spring to design,present,and
facilitate a community discussion on water security in the City of Bozeman.This endeavor underscores
my commitment to addressing critical issues,fostering community involvement,and considering diverse
opinions while engaging in sustainable planning.
I look forward to the opportunity to contribute my experience,passion,and dedication to collaborative
leadership to the City Commission.Thank you for considering my application.
Sincerely,
Brian Keefe
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Kirsten Smith – Statement of Qualifications and Interest in the Office of City Commissioner
1
To: Bozeman City Commission
From: Kirsten Smith
Re: Qualification and Interest Statement for Bozeman Office of City Commissioner Vacancy
As a candidate for the position of city commissioner, I bring a wealth of experience and a deep-seated
commitment to fostering positive change through collaboration, inclusion, and strategic action. I have
20 years of project management, needs assessment, facilitation, strategic planning, implementation
support, evaluation, organizational and systems change, and grant writing experience with public,
nonprofit, and philanthropic organizations in health, human services, education, early learning and
development, economic development, and arts sectors. I believe my qualifications equip me with the
skills necessary to address the diverse and complex challenges facing our community.
Core Values
My professional and personal life are shaped and guided by my core values of optimism, connection,
community, and kindness. I believe in the transformative power of human connection and the critical
importance of building resilience in people, organizations, and systems. I have cultivated these values
with intention and consistently work to ward off cynicism that can feel pervasive in our culture. Through
my community service and career, I have consistently worked to be a part of positive change and am
excited for the potential to impact change in this new role.
Key Qualifications
My qualifications are grounded in my experience and education. I hold a Master of Public Affairs and a
Master of Arts in Russian, East European, and Eurasian Studies from the University of Texas at Austin,
and a Bachelor of Arts in Political Science from the University of Georgia. Additionally, I am certified as a
Project Management Professional (PMP) from the Project Management Institute and have received
certifications in facilitation, strategic planning, and implementation methods from the Institute for
Cultural Affairs, as well as Results-Based Accountability from the Clear Impact Academy.
After seven years of work for a small government consulting company, I founded Bloom Consulting, LLC
in 2012, and have had the privilege of directing numerous high-impact projects. My professional
experience focuses on supporting diverse populations, including children, youth, seniors, individuals
and families with low incomes, people with disabilities, individuals with behavioral health disorders,
and other marginalized groups. My broad lens provides me with a well-rounded understanding of
community needs and the interconnected nature of public services.
Professional Experience
Most recently I have served as the Gallatin Behavioral Health Coalition (GBHC) Coordinator. Using a
collective impact framework, GBHC drives behavioral health systems improvement in our region. I
facilitate participation from diverse government entities, health and human services providers, and
emergency response/public safety stakeholders toward a shared vision, mission, and goals. I led the
development and update of GBHC’s strategic plan as well as the corresponding work plan and
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Kirsten Smith – Statement of Qualifications and Interest in the Office of City Commissioner
2
evaluation plan, which guide our work. The GBHC has grown trust between partners and is creating
positive change through new and enhanced behavioral health services and supports, including the
implementation of mobile crisis response services and crisis follow-up program enhancements.
I have led numerous comprehensive statewide needs assessment and strategic planning projects for
Montana Department of Public Health and Human Services divisions and programs. These include
projects for Vocational Rehabilitation and Blind Services (2023-2024), the Early Childhood and Family
Support Division (2023 and 2019-2020), DPHHS as a whole (2018), and the Temporary Assistance for
Needy Families (TANF) program (2016-2017). I led the assessment and redesign of the Montana Child
Care Licensing Program (2022-2024) and a reset of Montana’s Big Sky waiver for individuals with
physical disabilities and seniors (2020-2021). Other notable Montana-based work includes facilitating
the stakeholder advisory council and writing the operational protocol for the Money Follows the Person
project (2012-13), which brought in significant federal funds to move people from institutions to home
and community-based settings, and strategic planning and logic modelling for the Project LAUNCH
Linking Actions for Unmet Needs in Children’s Health) grant (2016), which enhanced behavioral health
services for children in families in Gallatin and Park Counties in collaboration with DPHHS.
Throughout my career, I have seen firsthand how effective collaboration and inclusive practices can
drive meaningful and sustainable change. My professional journey has reinforced my conviction that the
best ideas and solutions emerge from collaborative efforts. Working with a broad spectrum of public,
nonprofit, and philanthropic organizations, I have led projects that demanded high-level strategic
thinking as well as meticulous attention to detail. Much of my work involves gathering information from
people impacted by policies and programs using focus groups, listening sessions, surveys, community
forums, interviews, and site visits. The voices of people with lived experience have consistently guided
my analysis and decision-making. My experience has honed my ability to facilitate diverse groups,
synthesize input from various stakeholders, and drive consensus towards actionable plans.
Community Involvement and Personal Interests
Beyond my professional achievements, I am deeply committed to community service. I advocated for
the best interests of children in the foster system as Court Appointed Special Advocate(CASA)/Guardian
ad Litem in Gallatin County for fifteen years. I served on the board of directors for Montana Ballet
Company and The Traveling School, and currently serve on the board of the Archie Bray Foundation for
the Ceramic Arts.
I replenish myself by spending time with friends and family, in dance and yoga studios, and enjoying the
outdoors. I spend a lot of time hiking, backpacking, skiing, and floating rivers. We’re lucky to live in a
place that inspires daily awe when we walk out our front doors.
Conclusion
I have spent the last 20 years of my career supporting effective, efficient decision-making by others in
my role as a consultant and advisor. I would be excited to take on the role of being a collaborative
decision-maker in the City Commission. I have a vision for a healthy, vibrant, connected community,
and would be honored to serve as a City Commissioner.
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To the Bozeman City Commissioners, Please accept this statement from me, Sarah D. Orr, as the preliminary step required for consideration for an appointment to the Bozeman City Commission. Thirty-five years ago, my mom, stepdad, brother, two cats, and four dogs
made our way cross-country to a little Montana town in the Bitterroot
Valley. My stepdad had completed his farrier program at Montana State
University (MSU) and so it was time for us to head West to pursue our
dreams. Due to my parents’ grit and willingness to live on less than $20,000
a year, my brother and I got to experience all the wonder and beauty the mountains, rivers, and wildlife provide. We proudly remain here today. However, I now fear that my family’s journey will no longer be a journey that other middle- and working-class families will be able to experience. Not only will these families not be able to afford to create a life in Bozeman, but this community will experience great difficulty in retaining this demographic.
Without this essential population, Bozeman will continue to see small
businesses unable to thrive due to exorbitant overhead costs and larger
companies will face the challenge of retaining employees due to the cost of
living.
We will continue to see a greater division between the haves and the have nots and this divide will inevitably continue to lead to increasing tensions within the community. Teachers, police officers, nurses, city personnel, mechanics, plumbers, pharmacists, etc. will continue to have to relocate to more affordable areas.
We have created an incredibly precarious situation we now have to face as
these are the folks that are required for a healthy and vibrant city. These are
the people that provide essential services and build the necessary
infrastructure that allows Bozeman to grow.
It is because of these issues and these challenges that I am throwing my hat into the ring to be considered for a position with the City Commission. I received my Master’s degree from MSU in Educational Leadership and for a time I was the Headmaster for a prominent local non-profit elementary school in Bozeman. For the past 9 years, I have made my living in the trades and I most definitely fall into the working class demographic. I can say with
confidence that I am as comfortable on the floor of one of Bozeman’s local
manufacturing facilities (or an independent woodshop by the airport) as I am
in a board meeting, due to a good amount of experience in both settings.
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I know I will be up against candidates who provide statements in which they showcase fancy backgrounds and white color positions but rather than feeling intimidated I feel empowered because these candidates won’t be able to truly relate to the struggles so many of our citizens are facing. A large population of this community feel forgotten, literally left behind. These folks spend 50+ hours a week grinding only to then have to cut back
on groceries because their rent or mortgage increases are so severe. A
quarter of their earnings go to taxes, but they are now dealing with traffic
that is problematic to the point it is becoming dangerous. When this sector of
constituents does get time to spend with family and friends, they no longer
can spontaneously plan a float or camping trip because they didn’t make a reservation or pull a permit 8 months ago allowing them to do so. Additionally, many of these community members facing these challenges have been born and raised in Bozeman or at least have resided here for many years. What is going to happen when these people get tired of feeling as though they are being placated or simply ignored and they leave? Who will be left to carry on the spirit of this town? Bozeman will be just like any other
upper-crust vacation destination and where is the soul in that?
Too many of Bozeman’s residents feel as though they have been sold out,
they do not trust this city’s local government. In the past I have attempted to
rally friends and coworkers in joining me for Commission meetings and I repeatedly get this response, “What’s the point, they don’t listen to folks like us-it’d be just a waste of time”. Well, as much as I can empathize with those sentiments my heart tells me that if something I care about is broken it is my duty to roll up my sleeves and get to work fixing the problem. My presence on the Commission will give the citizens of Bozeman proof
that their local government is working earnestly to represent all, not just the
wealthy or influential. Essentially, I will bring the street cred (and the heart)-
I will talk the talk and walk the walk that so many of the residents in our
community are yearning for.
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Honorable Mayor Cunningham,
Deputy Mayor Morrison,
Commissioners Madgic and Fischer,
My name is Alison Sweeney, and I hereby respectfully submit my application to
serve this community alongside you as a fellow City Commissioner.
My Interest in Serving
I have been fortunate to grow up in Bozeman, and I have a deep relationship with
many different groups of people in the community. I have seen and experienced
many changes, and many of my friends and family have been displaced. I am one of
the lucky ones, who has been able to stay, and I want to help ensure a more
accessible and sustainable future for all those who live and work here.
Many people run for office or apply for this position as agents of change. Having
listened to the City Commission’s priority-setting session for CYs 2024-2025, I am
confident that I can help with the priorities set as a group.
For example, I see historic preservation policy as a way to manage change, not
prevent it. Consequently, I am glad you have committed to strengthening it going
forward. I see historic preservation as something that touches so many of the issues
important to making Bozeman a great city. From preserving existing affordable
housing, to protecting our urban forest, to telling the honest history of our valley,
written for the first time in the Belonging in Bozeman plan. The Belonging in
Bozeman Plan is a legacy to the work of both Commissioner Christopher Coburn and
Commissioner I-Ho Pomeroy, and we are fortunate to have this plan as a roadmap to
help guide Bozeman’s future.
A majority of our City is made up of renters, and I recognize that often, this is not by
choice. Although I hope to make home ownership more accessible to more people in
Bozeman, we must in the near term do everything we are allowed to do under state
law to protect renters. I believe you have some excellent ideas of how to begin this
work, and I can help.
What I can contribute to the Commission priorities is a perspective rooted in the
interest of community benefit. Bozeman is not just policy; it’s people. I can help
navigate the nuances of the important work we’ll be undertaking in the next 18
months. The Unified Development Code (UDC) and the Bozeman Community Plan
2020 (i.e., growth policy) will both be updated, and I can help ensure these guiding
documents reflect the interests of all those who currently live and work here.
Our community is wounded and embattled. But I actually think everyone is
suffering from the same quality-of-life crisis as a result of rampant growth and
gentrification. We need innovative problem solving to meet the moment without
repeating the mistakes of other cities’ urban renewal policies of the past. We need
an approach that can unite people. I believe in good ideas, regardless of who
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proposes them. If appointed, I will give Bozeman full time work. I commit to going
out into the community to talk with residents, and bring their ideas and
perspectives back to the Commission. I am confident that I can help rebuild trust
between the residents and the City. My barometer will be community benefit.
Qualifications for serving
In the past 8 months I have familiarized myself with the workings of the City, its
boards, plans, and codes. I trust I have demonstrated an aptitude and enthusiasm
for the work.
I have organized the residents of my neighborhood to form a new officially
recognized Neighborhood Association with a seat on the Inter-Neighborhood
Council (INC). I’ve attended every INC meeting since our formation and
disseminated the information gleaned from the city staff presentations to the
residents of my neighborhood, increasing their access to and participation in City
activities and opportunities. This is a wonderful advisory board with tremendous
potential for greater democratic coordination between citizens and their City going
forward.
Additionally, in the fall of 2023 I helped form a grass-roots organization—The
Better Bozeman Coalition (BBC)—to advocate for neighborhood-friendly changes to
the proposed UDC update. I trust the Commission recognizes the BBC as an
organization that is research-and-solutions based, with an approach of cooperation
rather than opposition only. We have researched code, both in Bozeman and other
municipalities, to advocate for UDC changes that are based on a precedent of success
in other communities. That said, if appointed to the Commission, I will step away
from the BBC to focus on the Commission’s work.
Graduating some years ago, I hold an associates degree in Energy Technology from
the University of Montana. I studied both traditional and renewable energy
systems, and further cultivated my love of research, reading, and informed decision-
making that I believe was originally awakened in my early years at the Museum of
the Rockies. I knew I wanted to work in renewable energy, so I spent the next 4
years installing solar thermal systems for a local company. Sustainability—like
diversity, equity, and inclusion—is a lens through which we should view every
policy decision. Community resilience depends on it.
Over the last several months I have had many conversations with each of you, and I
have attended nearly every Commission meeting. I trust you see me as someone
with whom you can work. By working together, I know we can improve the quality
of life for the people who live and work in Bozeman now and for those who will live
and work in Bozeman in the future. I would be grateful for the opportunity to serve
alongside you.
Thank you for your consideration of my application.
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May 22nd, 2024
Emily Talago
416 W. Short Street
Bozeman, MT 59715
484-866-0029
emilytalago@gmail.com
Bozeman City Commission
c/o Bozeman City Clerk
121 N. Rouse Ave.
Bozeman, MT 59715
To the Bozeman City Commission,
I am writing to express my interest in the recently announced City Commission vacancy. With a background rich in
community involvement, a professional career rooted in scientific and analytical disciplines, and a strong commitment to
public service, I believe I possess the qualifications and vision necessary to contribute positively to our city's governance.
Understanding Complex Systems- Cultivating Community Benefit
Growing up in a large family, I learned early on the values of hard work, responsibility, and community. My father, a third-
generation nurseryman and landscape contractor, instilled in me a deep appreciation for built and natural environments
that nurture living things. This background, coupled with my career in biomedical research, has allowed me to master a
keen ability to look closely at and comprehend the intricacies of dynamic systems. Using this perspective, I’m able to
identify critical points where system intervention can lead to significant improvements, all while understanding the
tradeoffs and benefits associated with such actions.
Professional Experience
Scientific Research, Sanofi Pasteur, Marywood University, Montana State University:
o My work in research involved managing multifaceted projects, from grant writing and resource
acquisition to overseeing pre-and post-award activities. Drafting and negotiating agreements, managing
daily research operations, and ensuring compliance with laws and regulations required meticulous
attention to detail and a thorough understanding of complex systems. These skills are directly
transferable to the role of City Commissioner, where analyzing data, making informed decisions, and
navigating regulatory frameworks are crucial.
Freelance Consulting, TLD West:
o As a consultant, I performed needs assessments, creatively leveraged existing resources, and helped
clients achieve their project goals efficiently. This role demanded the synthesis of project budgets and
narratives, identification of funding opportunities, and composition of competitive applications to
secure funding. These tasks required a strategic and analytical mindset, which I believe will be
invaluable in making well-informed decisions for the benefit of our community.
Cashman Nursery and Landscaping:
o At Cashman Nursery, I wore many hats including customer service, outreach event coordination, and
marketing. Building relationships within the community, curating seminar series, and organizing
promotions were key aspects of my role. I facilitated ongoing communication with customers and
developed data-driven applications to streamline operations. These experiences honed my ability to
connect with people, understand their needs, and foster a sense of interconnectedness—skills that are
essential for a City Commissioner.
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Community Involvement
My dedication to Bozeman is reflected in my extensive community involvement:
Midtown Neighborhood Association:
o I formed the Midtown Neighborhood Association and served as a representative to the
InterNeighborhood Council. In this role, I received presentations from staff and community
organizations, provided feedback and guidance on planning and policy, and held positions such as
secretary and vice-chair. This experience underscored the importance of active listening, collaborative
decision-making, and representing community interests.
Candidate for Bozeman City Commissioner
o Campaigning for city commission, I honed my skills in networking with various community stakeholders,
engaging in meaningful conversations with constituents, and delving deep into the intricacies of local
government processes. This experience provided me with invaluable insights into the dynamics of civic
engagement and the importance of understanding and addressing the needs of diverse communities.
Midtown Urban Renewal Board:
o As a member of the citizen advisory board, I advised on work plans and budgets to realize the goals of
the North Seventh Design and Connectivity Plan and the Midtown Urban Renewal Action Plan. My work
involved evaluating proposals, understanding their implications, and advocating that public investments
were protected and leveraged effectively.
Community-Based Architecture Studio:
o I participated in a project with the City of Bozeman Planning Department and MSU School of
Architecture, that designed infill Accessory Dwelling Units for neighborhood scale densification. Working
with talented students and learning about urban planning deepened my understanding of the
challenges and opportunities in developing sustainable and inclusive communities.
Vision for Bozeman
I am committed to ensuring our local government is responsive to the needs of its citizens. My professional and
community roles have instilled in me a strong sense of responsibility and service. I believe in the importance of balancing
interests to generate prioritized, clear deliverables and maintaining accountability in all endeavors.
Key Skills and Attributes:
Analytical Decision-Making: Identifying required information, gaps thereof, and aggregating data to inform
decisions through the lens of maximized community benefit.
Responsibility and Hard Work: Opting into responsibilities to grow personally and professionally, balancing
various interests, and delivering clear, prioritized outcomes.
Communication and Accountability: Articulating decision-making criteria, addressing unintended consequences,
and holding myself and others accountable for deliverables.
My application for the City Commission seat is driven by a genuine desire to serve and improve the community I deeply
care about, and am lovingly vesting in. I bring a unique combination of scientific rigor, practical experience, and a proven
track record of community involvement. I am prepared to leverage my skills and experience to guide decisions that secure
and promote the general public welfare of Bozeman.
Thank you for considering my application, it would be an honor to serve with you.
Sincerely,
Emily Talago
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Tom Woods’ Statement
I was born and grew up in Cleveland, Ohio. I don’t recall having a
choice in that but when I first came to work as a bartender in Montana in
1982, I quickly decided that this is where I want to live. While living in
Montana over the last 42 years I have been a bus driver, bell hop, bartender,
musician, maintenance specialist, personnel manager, guide, hotel manager
and most recently, a teacher. It’s not that I can’t hold a job, but as we all
know it takes a diverse skill set to succeed here. I’m currently a lecturer for
the Physics departments at MSU.
I met my wife Katie in 1992 while we were working in Yellowstone
Park. We moved to Bozeman in 1997 in order to go back to school at MSU
and succeeded in finding a rental in a very competitive market. In 1999, I
cashed in my retirement and we purchased a small duplex home for
$124,000. We sold that home in 2010 and paid down our student loan debt.
Another reason we sold our 2 bedroom house was that in 2005 and
2007 we were blessed with two great boys, Kelty and Finnian, who are 19
and 17 years old. We rented a 3 bedroom house for a few years before
purchasing our current home in 2015. We are fortunate to have done so as 9
years later I don’t think we could afford to buy the same house we currently
live in.
I tell this part of our story because I think it’s important for people to
know that I’ve struggled with the same affordability issues that face the next
generation. It’s gotten worse and I want to do something about it.
I’ve been active in local issues and politics for over 20 years. In 2012 I
successfully ran for the state legislature because I believe that government
should be conducted by real people and should serve the interests of real
people. That’s how I approached my responsibilities. My job was to read
legislation on a wide variety of issues, listen to opposing viewpoints,
communicate with constituents and vote on legislation in a way that best
served the citizens of Montana. I worked 12-hour days for a salary of $91.00
per day. I refer to my time in the legislature as “the worst job I’ve ever
loved.”
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Tom Woods’ Statement
In the House of Representatives I was appointed to the Appropriations
committee, which is the body that crafts the $10 billion state budget. As a
member of the Education subcommittee, I worked with senators and
representatives from across the aisle to formulate the K-12 school budget as
well as the higher education budget. I helped MSU gain approval for the
Romney Hall renovation, negotiated the tuition freeze (in each term),
expanded our local medical school and veterinary programs and won
approval for more research dollars to flow to the university system. I’m
proud to say that K-12 funding was also expanded on my watch.
As one of your legislators, my particular focus was in trying to bring
transparency and fairness to hospital bills. I also fought to change the way
our monopoly utility treats ratepayers. These are battle in which I had
more losses than wins, but as a consumer advocate and a scientist I strongly
feel that we are not doing nearly enough to address health care costs and
climate change. I refuse to give up fighting for our children’s future.
It has been an honor and a privilege to represent your interests in the
legislature. If it were not for term limits I would still be serving there, trying
to keep the legislature from restricting the way Bozeman tries to deal with
our growth issues. I try to think of growth as being an issue, not a problem
but It’s becoming harder to maintain that optimism.
We have a great town and a wonderful community that is undergoing
rapid change. There is a lot of good that has come from those changes. I’m
very proud that Bozeman has become a more diverse and accepting culture
than when I first came here, but that is being threatened by the issue of
affordability. The City Commission recognizes this and I fully supported the
plan that was developed to address affordable housing. I really appreciated
the way it placed financial responsibility for affordable housing on the parties
that are profiting the most from the housing boom. That’s fair.
I am very disappointed that the legislature saw fit to wreck our
affordable housing plan. It has also seen fit to stymie our attempts to run our
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Tom Woods’ Statement
city as we wish. If we want a local option tax we should be able to do that. If
we want to declare our community a place of sanctuary, we should have that
right. Unfortunately, we can’t rely on state government to help us with our
issues. We are going to have to go back to the drawing board and come up
with new solutions. I very much want to be part of that.
I’ve recently earned a Master of Public Administration degree, but I
feel my best preparation for public service comes from my experience as an
elected official. In the 5 elections I have participated in, I have knocked on
thousands of doors and spoken with thousands of constituents on the phone.
I’ve discussed a wide variety of issues with an even wider variety of
perspectives. In addition to getting to know our community better, this
experience has taught me to be a better listener. I’ve learned to be patient
and find common ground with those who hold different ideologies than I do.
I’ve also learned that crafting public policy is not about “winning.” It’s about
trying to do the best we can to plan for a better future.
I want to help.
Tom Woods
1447 Cherry Drive
Bozeman, MT 59715
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Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total:
Omdahl Excavation & Utilities 37068 Yes Yes $150,420.00
7F Services LLC 274243 Yes Yes $169,947.46
Rocky Mountain Concrete 11708 Yes Yes $145,374.00
Mystic Mountain Construction LLC 271169 Yes Yes $143,635.60
4050 Development 265916 Yes Yes $123,984.00
Reveal Excavation 162608 Yes Yes $165,847.33
Mike Coleman Construction, Inc.151700 Yes Yes $228,248.20
Mike Maas Jenny Connelley
City Clerk Engineer
Bid Check:Delivered to Finance:Accepted By:Date:
Bid - Evergreen Drive Sanitary Sewer
These bids were opened and read before the undersigned at 2:00 pm on Friday, May 10, 2024.
DocuSign Envelope ID: A93380BB-195B-4539-8398-19E0F3E34272
55246
Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total:
Omdahl x x $5,200,225.80
CK May x x $4,288,769.50
Williams Civil x x $4,618,274.50
Easton/Grade A Civil x x $5,093,220.00
Alex Newby Kellen Gamradt
Deputy City Clerk Engineer
Bid Check:Delivered to Finance:Accepted By:Date:
2024 Street and Utility Improvements Project
These bids were opened and read before the undersigned at 2:00 pm on Thursday, May 9, 2024.
DocuSign Envelope ID: 17BF6964-0801-4239-8C14-09E30BA4797C
162687
158949
37068
35949
48247