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HomeMy WebLinkAbout09-10-24 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 or Mindfulness C. Changes to the Agenda D. FYI E. Commission Disclosures F. Approval of Minutes F.1 Approve the Regular and Special Meeting Minutes: 08-19-24 City Commission Special Meeting 08-27-24 City Commission Meeting(Maas) G. Consent THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, September 10, 2024 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 Consider the Motion: I move to approve the combined City Commission minutes as submitted . 1 G.1 Accounts Payable Claims Review and Approval (Armstrong) G.2 Ratification of City Manager signature on National Opioid Settlement with Pharmacy Chain Kroger(Sullivan) G.3 Authorize the City Manager to Sign a Memorandum of Agreement for Cooperative Performance Based Planning Measures and Targets with the Montana Department of Transportation and Gallatin Valley Urban Transportation District to Cooperatively Develop and Share Information Related to Transportation Performance Measures and Targets(Butts) G.4 Authorize the City Manager to Sign a Joint Funding Agreement with the U.S. Geological Survey for the Continued Operation of the Real-time Streamflow Gaging Stations on the East Gallatin River and Hyalite Creek for Federal Fiscal Year 2025(Heaston) G.5 Authorize the City Manager to Sign a Construction and Maintenance Agreement with the Montana Department of Transportation for the 5th and Main Residences Project(Lonsdale) G.6 Ratify the City Manager's Signature on the Professional Services Agreement with Granicus, LLC for Subscription Services(Maas) G.7 Authorize the City Manager to Add a Subscription Agreement with Granicus, LLC for a Boards and Commissions Module Addition to the Agenda and Streaming Platform(Maas) G.8 Authorize the City Manager to Sign Professional Services Agreement with Greenspace Landscaping, Inc. for Continued Downtown Tree Replacements(Staley) G.9 Authorize the City Manager to sign a Professional Services Agreement with the firm of TD&H Engineering to provide geotechnical engineering services for the Phase I Rehabilitation Improvements to the City's Sourdough Water Storage Tank(Nielsen) G.10 Authorize the Interim City Manager to Sign a Professional Services Agreement with Raftelis for Integrated Water Resource Plan Engagement and Communications Services(Clark) G.11 Authorize the City Manager to Sign a Task Order with Water and Environmental Technologies, LLC for Fiscal Year 2025 Characterization and Monitoring at the East Gallatin Landfill(Flammond) G.12 Authorize the City Manager to Sign an Amendment to the Professional Services Agreement for the Engineering Review Fee Study with BerryDunn(Ross) G.13 Authorize the City Manager to Sign a Professional Services Agreement First Amendment with Clean Slate Group, LLC for 2024-2025 Sidewalk Snow Removal Services(Bailey) G.14 Authorize the City Manager to Sign a First Amendment Portable Toilet Agreement with TLC (TLC Septic & Excavation Inc.) for Portable Toilet Services at Select Urban Camping Areas in the City of Bozeman(Bailey) G.15 Authorize the City Manager to Sign a Professional Services Agreement Amendment Number 2 for the Engineering Design Standards Update with Morrison Maierle(Kohtz) 2 G.16 Authorize the City Manager to Sign a Task Order 10 with Economic and Planning Systems for a Financial Review of the Wallace Works Tax Increment Finance Request(DiTommaso) G.17 Resolution 5639, Resolution of Adoption to Adopt the SRX II Growth Policy Amendment to Amend the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed-Use. The Property is Located Northeast of South 19th Avenue and Graf Street; Application 24195(Rogers) G.18 Resolution 5640, Authorizing the City Manager to Sign Change Order 1 with CK May for the Installation and Connection of the Fire Line at 33 South Tracy(Staley) G.19 Ordinance 2167, Final Adoption of the MSU Innovation Campus Planned Development Zone Map Amendment Rezoning 41.97 Acres from BP, Business Park, to Planned Development Zone Base Zone of B-2, Community Business District; the Property is Generally Located Between West College and Garfield Streets and Centered on Invention Drive, Application 24216(Rogers) G.20 Ordinance 2170, Provisional Adoption, Rezoning A Tract of Land in the SW 1/4 NW 1/4 of Section 24, Township 02S, Range 05E from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use District) Containing 9.26 Acres, and B-2M (Community Business District Mixed) Containing 9.12 Acres; the South Range Crossing II Zone Map Amendment, Application 24196(Cramblet) H. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission I. Action Items I.1 Ordinance 2162, Provisional Adoption, Revising Speed Limits on West Graf Street, West Oak Street, West Kagy Boulevard(Ross) I.2 Ordinance 2166, Provisional Adoption, Prohibiting Trapping on City Lands within the City and on City Lands in the Bozeman Creek Watershed(Sullivan) J. Work Session 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 state whether you are a resident of the city or a property owner within the city in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository. Consider the Motion: Having reviewed and considered the ordinance, public comment, and staff presentation, I hereby move to provisionally adopt Ordinance 2162, Revising Speed Limits on West Graf Street, West Oak Street, West Kagy Boulevard. Consider the Motion: I move to provisionally adopt Ordinance 2166. 3 J.1 Pedestrian and Bicycle Gap Analysis Project Work Session (Mastel) J.2 Local Street and Sidewalk Funding Work Session (Ross) K. FYI / Discussion L. Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our Acting ADA Coordinator, Max Ziegler, at 406.582.2439. Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 4 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Chuck Winn, Interim City Manager SUBJECT:Approve the Regular and Special Meeting Minutes: 08-19-24 City Commission Special Meeting 08-27-24 City Commission Meeting MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Consider the Motion: I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many City Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerks' Office at 406.582.2320 or email BozemanClerksDepartment@bozeman.net for assistance. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by Commission. FISCAL EFFECTS:None 5 Attachments: 08-19-24 City Commission Special Meeting Minutes.pdf 08-27-24 City Commission Meeting Minutes.pdf Report compiled on: July 17, 2024 6 Bozeman City Commission Special Meeting Minutes, August 19, 2024 Page 1 of 3 CITY COMMMISSION SPECIAL MEETING OF BOZEMAN, MONTANA MINUTES August 19, 2024 Present: Terry Cunningham, Jennifer Madgic, Douglas Fischer, Emma Bode Absent: None Excused: Joey Morrison Staff at the Dias: Interim City Manager (ICM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A) 00:12:37 Call to Order - 12:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:13:51 Pledge of Allegiance and a Moment of Silence or Mindfulness C) 00:14:49 Changes to the Agenda 00:15:05 Motion to approve the absence of Deputy Mayor Morrison. Emma Bode: Motion Douglas Fischer: 2nd 00:15:12 Vote on the Motion to approve the absence of Deputy Mayor Morrison. The Motion carried 4 - 0. Approve: Terry Cunningham Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None D) 00:15:24 FYI 7 Bozeman City Commission Special Meeting Minutes, August 19, 2024 Page 2 of 3 E) 00:15:35 Commission Disclosures There were no Commission Disclosures. F) 00:15:43 Public Comment on Non-agenda Items Falling within the Purview and Jurisdiction of the Commission There was no general public comment. G) 00:16:48 Work Session G.1 Commission Training Work Session 00:18:09 Interim City Manager (ICM) Chuck Winn opened the Work Session. 00:19:46 Staff Presentation City Attorney (CA) Greg Sullivan presented background information on the Commission's duties and responsibilities. 02:06:32 Public Comment 02:06:45 Daniel Carty commented on public comment policy. H) 02:07:58 FYI / Discussion I) 02:08:29 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk 8 Bozeman City Commission Special Meeting Minutes, August 19, 2024 Page 3 of 3 Approved on: September 10, 2024 9 Bozeman City Commission Meeting Minutes, August 27, 2024 Page 1 of 7 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES August 27, 2024 Present: Terry Cunningham, Jennifer Madgic, Douglas Fischer, Emma Bode Absent: None Excused: Joey Morrison Staff at the Dias: Chuck Winn, (ICM) Interim City Manager, Greg Sullivan, (CA) City Attorney, Alex Newby (DCC) Deputy City Clerk A) 00:02:30 Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse B) 00:03:54 Pledge of Allegiance and a Moment of Silence or Mindfulness C) 00:04:38 Changes to the Agenda ICM Winn announced that Item J. 2 will be moved to October 8th. D) 00:05:07 Authorize Absence D.1 Authorize the Absence of Deputy Mayor Morrison 00:05:11 Motion to approve the absence of Deputy Mayor Morrison. Jennifer Madgic: Motion Emma Bode: 2nd 00:05:18 Vote on the Motion to approve the absence of Deputy Mayor Morrison. The Motion carried 4 - 0. Approve: Terry Cunningham Jennifer Madgic Douglas Fischer Emma Bode Disapprove: 10 Bozeman City Commission Meeting Minutes, August 27, 2024 Page 2 of 7 None E) 00:05:31 FYI Mayor Cunningham announced the Key to the City event with Random Acts of Silliness Friday August 30th at 10:00 am at Glen Lake Rotary Park. ICM Winn announced that: • The City of Bozeman is in great shape with our water supply. • Fire Chief Josh Waldo was sworn in as president of the International Association of Fire Chiefs a week ago. • Jon Henderson started in his role as Assistant City Manager, yesterday, August 26th. F) 00:08:21 Commission Disclosures There were no Commission Disclosures. G) 00:08:30 Consent G.1 Accounts Payable Claims Review and Approval G.2 Reject All Bids for Construction of the River Health Project ? Mechanical Stormwater Treatment Project (Phase 4) and Rebid the Project at a Later Date 2024 Stormwater Improvements E. Peach St and E. Tamarack.pdf G.3 Authorize the Interim City Manager to execute the attached agreement with the Montana Department of Transportation (MDT) for utilities relocates associated with MDT work on North 19th Avenue 9478000_CITY OF BOZEMAN_928_Agreement.pdf MDT N 19th Improvement PLANS.pdf G.4 Authorize City Manager to Sign the Professional Services Agreement With 120Water to Coordinate the Lead and Copper Sampling in Compliance Period 2025. 120Water 2024 PSA with Exhibits.pdf G.5 Authorize the City Manager to sign a PSA with Apex Group Inc. for the Repair of the Rouse Parking Lot. PSA 315 E Babcock Apex Group.pdf G.6 Authorize the City Manager to Sign Amendment Three to the Professional Services Agreement with KLJ Engineering for the Aspen Street Pedestrian Bridge. 24- Amendment 3 to PSA with KLJ for Aspen Street Ped Bridge with attachments.pdf G.7 Resolution 5619 Creation of Special Improvement Lighting District 786 Urban + Farm Phase 1 Resolution 5619-Creation of SILD 786.doc G.8 Resolution 5634, a Resolution of the City Commission of the City of Bozeman, Montana, Confirming the Appointment of Police Officers in Accordance with Montana Code Annotated 7-32-4108 and 7-32-4113. Commission Resolution 5634.pdf ICM Winn presented the highlights of the Consent Agenda. Public Comment on the Consent Agenda There was no Public Comment on the Consent Agenda. 00:10:27 Motion to approve Consent Items G.1 through G. 8 as submitted. 11 Bozeman City Commission Meeting Minutes, August 27, 2024 Page 3 of 7 Emma Bode: Motion Douglas Fischer: 2nd 00:10:35 Vote on the Motion to approve Consent Items G.1 through G. 8 as submitted. The Motion carried 4 - 0. Approve: Terry Cunningham Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None H) 00:10:54 Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission 00:11:34 Glenn Monahan commented in opposition to deep incentives for affordable housing. 00:13:20 Anthony Smith commented on urban camping life in Bozeman. 00:16:34 Guy Santiglia commented in opposition to Camping in the Right of Way. 00:19:17 Stephanie asked about public comment concerning the National Community Survey. I) 00:20:53 Special Presentation I.1 National Community Survey Special Presentation The NCS Presentation Bozeman MT 2024.pdf The NCS Report - Bozeman MT 2024.pdf 00:20:57 ICM Winn introduced Staff 00:21:08 Staff Presentation Communication and Engagement Manager (CEM) Takami Clark presented the National Community Survey 2024 Results, and Polco Consultant Joseph Dell'Olio. 00:23:20 Consultant Presentation Joseph Dell'Olio, Senior Survey Associate for Polco presented the results of the 2024 National Community Survey. Polco is a Civic Communication & Analytics Platform, Resident Surveys in Local Governance, The NCS Facets of Community Livability, The National Community Survey in Bozeman, Polco's Benchmarking Database, Overview of Survey Results, Balancing Quality and Importance, Comparisons to National Benchmarks, Comparisons to Custom Benchmarks, Comparisons to Previous Survey (2022), Key Findings, Natural Environment in Bozeman, Parks and Recreation in Bozeman, Safety in Bozeman, Safety Services in Bozeman, Bozeman as a Place to Visit, Potential Areas of Focus, Community Design in Bozeman, Mobility in Bozeman, Conclusions, 12 Bozeman City Commission Meeting Minutes, August 27, 2024 Page 4 of 7 00:40:45 ICM Winn announced that all of these results are accessible by the public on the Community Plan Dashboard via the Community Development Department Homepage on the Bozeman City Website. J) 00:41:35 Action Items ICM Winn presented Action Items J.1 Resolution 5608, Establishing Tree Maintenance District Assessments for Fiscal Year 2024-2025 (FY25). Resolution 5608 Tree Mtc Assessments FY25.docx 00:41:58 Staff Presentation Finance Director (FD) Melissa Hodnett presented Resolution 5608 establishing Tree Maintenance District Assessments for Fiscal Year 2024-2025 Public Comment on Action Item J.1 There was no Public Comment 00:43:30 Motion to adopt the Commission Resolution 5608 establishing a 3% increase in tree maintenance district assessments for fiscal year 25 making the assessment rate of .004194 dollars per assessable square foot. Douglas Fischer: Motion Jennifer Madgic: 2nd 00:44:17 Vote on the Motion to adopt the Commission Resolution 5608 establishing a 3% increase in tree maintenance district assessments for fiscal year 25 making the assessment rate of .004194 dollars per assessable square foot. The Motion carried 4 - 0. Approve: Terry Cunningham Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None J.2 00:44:29 Resolution 5623, Establishing and Affixing the Number of Mills to be Charged Against the Assessed Valuation of All Taxable Property Situated Within the Corporate Jurisdictional Boundaries of the City for Fiscal Year 2024-2025 (FY25) 2024.08.15_ DOR PAD Letter to City of Bozeman Commissioners.pdf Response to DOR Certified Taxable Values.pdf Resolution5623EstablishingMillLevies.docx ICM Winn related the reasoning of the continuation of Item J.2 to the October 8th City Commission Meeting Agenda. Public Comment 13 Bozeman City Commission Meeting Minutes, August 27, 2024 Page 5 of 7 There was no public comment 00:47:58 Motion to continue Resolution 5623 to October 8th, 2024. Jennifer Madgic: Motion Emma Bode: 2nd 00:48:57 Vote on the Motion to continue Resolution 5623 to October 8th, 2024. The Motion carried 4 - 0. Approve: Terry Cunningham Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None J.3 00:49:10 NEHMU Zone Text Amendment to Modify Table 38.310.040.C of the City's Development Code to Allow Apartments as a Permitted Use with No Restrictions in Area on the Second and Subsequent Floors, and Basements of Buildings, and to Allow Lobbies on the Ground Floor When Associated with Residential Uses in the NEHMU District (Northeast Historic Mixed Use District), Application 24225. 24225 NEHMU ZTA CC SR.pdf Draft Ordinance 24225 NEHMU ZTA.pdf 00:49:46 Staff Presentation City Planner (CP) Elizabeth Cramblet presented the NEHMU (North East Historic Mixed Use) Zone Text Amendment, Nearby Zoning Districts, Permitted Uses, Sec. 76-2-304, NCA Zoning Criteria of Evaluation: Section 3, pg. 8 - 22, Public Notice, Public Comment, Recommendation, 00:57:25 Questions of Staff 01:02:07 Applicant Presentation Tyler Steinway of Intrinsic Architecture presented the Applicant Presentation, 2009 Future Land Use Map, Future Land Use Map, Possible Building Types, Existing Code and Proposed Code, Existing Code Highlighted, Community Plan Goals, ZMA Approval Criteria. Public Comment There was no Public Comment 01:07:40 Motion to approve Having reviewed and considered the staff report, draft ordinance, application materials, public comment, recommendation of the Community Development Board in their capacity as the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 24225 and move to approve the NEHMU Zone Text Amendment, with contingencies required to complete the application processing. 14 Bozeman City Commission Meeting Minutes, August 27, 2024 Page 6 of 7 Emma Bode: Motion Douglas Fischer: 2nd 01:08:09 Discussion 01:13:45 Vote on the Motion to approve Having reviewed and considered the staff report, draft ordinance, application materials, public comment, recommendation of the Community Development Board in their capacity as the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 24225 and move to approve the NEHMU Zone Text Amendment, with contingencies required to complete the application processing. The Motion carried 4 - 0. Approve: Terry Cunningham Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None K) 01:14:14 Appointments K.1 Appointment to the Library Board of Trustees 04-26-24 - CAB Applications - William Locke.pdf 04-22-24 - CAB Applications - John Long.pdf 04-16-24 - CAB Applications - Melissa Pomeroy.pdf Public Comment There was no Public Comment 01:14:51 Motion to appoint John Mike Long to the Library Board of Trustees for a term ending June 30, 2029. Terry Cunningham: Motion Emma Bode: 2nd 01:15:17 Vote on the Motion to appoint John Mike Long to the Library Board of Trustees for a term ending June 30, 2029. The Motion carried 4 - 0. Approve: Terry Cunningham Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None L) 01:15:29 FYI / Discussion 15 Bozeman City Commission Meeting Minutes, August 27, 2024 Page 7 of 7 M) 01:15:39 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on September 10, 2024 16 Memorandum REPORT TO:City Commission FROM: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:September 10, 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 September 4th, 2024 and September 11th, 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: August 21, 2024 17 Memorandum REPORT TO:City Commission FROM:Gregory Sullivan, City Attorney SUBJECT: Ratification of City Manager signature on National Opioid Settlement with Pharmacy Chain Kroger MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION: Approve City Manager’s participation in National Opioid Settlement with Opioid Pharmacy Chain Kroger, by ratifying the City Manager’s signature on settlement documents. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND: The City of Bozeman has signed on to participate in a number of national opioid settlements, including with an opioid manufacturer and three opioid distributors in 2021, and again with two opioid manufacturers and three pharmacy chains in 2023. The City is now able to join a settlement with pharmacy chain Kroger. The State of Montana has negotiated a settlement that requires Kroger to change their business practices to reduce the incidents of inappropriate opioid use and requires the company to pay a billion-dollar settlement to participating states and local governments. The City will receive annual direct payments from the settlement funds to be used for evidence-based strategies, programming, and services to address the misuse and abuse of opioids, if the City signs on to the settlement. In addition to the annual direct payments, a Montana Opioid Abatement Trust (“MOAT”) has been established that will receive 70 percent of the settlement funds and will disburse those funds throughout the state, including to the Gallatin County Metro Abatement Region, which was established in April of 2024 via an MOU between the City of Bozeman and Gallatin County. The MOU establishes a structure to oversee the allocation of settlement funds entering into MOAT for the region. Interested organizations submit grant applications to MOAT, and the Gallatin Metro 18 Abatement Region Committee decides how these settlement funds are allocated. Some examples of appropriate uses of these settlement funds include treatment programs to aid recovery from addiction and support for law enforcement. At this time it is impossible to determine the exact amount of money the City of Bozeman will receive from this settlement, however, if the City decides not to participate in this settlement, it will likely recover no money. In exchange for receiving settlement funds, the City has released its claims against Kroger. Due to the amount of time and resources required to independently litigate this case and the fact that the State of Montana has investigated or litigated similar cases for many years, the City Attorney does not recommend pursuing independent litigation. The City of Bozeman was notified of this settlement via email on August 05, 2024, with a response deadline of August 12, 2024, thus not providing staff with enough time to add this item to a City Commission meeting agenda prior to the sign-on deadline. Due to the short timeframe, Interim City Manager Chuck Winn signed the settlement with guidance from the City Attorney’s office. The Participation and Release Form signed by Interim City Manager Winn is provided with this memorandum. Any additional information about this settlement or other national opioid settlements can be found at http://www.nationalopioidsettlement.com. Additional information about MOAT can be found at https://montanaopioid.org/. UNRESOLVED ISSUES:None. ALTERNATIVES: The City has already signed on as a participant in this settlement. Should the City choose not to ratify the Interim City Manager’s signature, staff will work to rescind the City’s participation, which means the City will not receive any settlement funds. FISCAL EFFECTS: 19 Unknown at this time. Because the amount of money distributed to the State of Montana depends on the level of participation in the settlement by its local governments, it is impossible at this juncture to determine the amount of money the City of Bozeman will receive. The current and projected amount of funds available to the Gallatin County Metro Abatement Region through MOAT can be found on the MOAT website. Funds from the settlements must be used to remediate and abate the harms of the opioid crisis. Attachments: Signed Kroger Participation Form.pdf Report compiled on: August 16, 2024 20 D E P A R T M E N T O F J U S T I C E 215 North Sanders PO Box 201401 Helena, MT 59620-1401 (406) 444-2026 Contactdoj@mt.gov mtdoj.gov June 27, 2024 Greetings City and County Officials I am pleased to announce that the continuing dedicated work by State Attorneys General and their staffs has resulted in an opioid settlement with Kroger, a national grocery and drug store business with subsidiaries in Montana. This settlement will provide more than 3.85 million dollars to the State and its local governments, with approximately 80% allocated to county and city governments for your local use. With this letter is a longer explanation of the settlement, a form for your government to approve participation in the settlement and a form to approve continuing the administrative structure for distribution of settlement funds created by the Memoranda of Understanding of November 26, 2021and the Amendment of January 27, 2022 which you approved for each of the prior 8 settlements. I urge you to review the materials and approve your continued participation in these settlements to allow the State and all local governments to obtain the maximum amount of settlement funds. In the 8 prior settlements we have had 100% participation and that has resulted in the State obtaining the maximum settlement value because of the incentive bonuses for full participation of all local governments. The deadline for approving your participation is August 12 so I hope you will all promptly read these materials and agree to your participation. Thank you for your consideration. If you have any questions, please contact me in the Office of Consumer Protection at brent.mead2@mt.gov or (406)-444-4500. Sincerely, Brent Mead Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 21354 New National Opioids Settlement: KrogerOpioids Implementation Administratoropioidsparticipation@rubris.com Bozeman city, MTReference Number: CL-794111 TO LOCAL POLITICAL SUBDIVISIONS: THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEWNATIONAL OPIOIDS SETTLEMENT. YOU MUST TAKE ACTION IN ORDER TOPARTICIPATE. Deadline: August 12, 2024 As Attorney General Knudsen has described in his cover letter, Montana has agreedto participate in a new proposed national opioids settlement (“New National OpioidsSettlement”) with Kroger (“Settling Defendant”) based on activities of Kroger ownedpharmacies. This Participation Package is a follow-up communication to the Noticeof National Opioids Settlement recently received electronically by your subdivision. You are receiving this Participation Package because MONTANA is participating inthe Kroger settlement. This electronic envelope contains: The Participation Form for the Kroger settlement, including a release of anyclaims. The form approving the use of the November 26, 2021 Memorandum ofUnderstanding and January 27, 2022 amendment for the allocation,administration, and disbursement of settlement funds from the Krogersettlement. The Participation Form must be executed, without alteration, andsubmitted on or before August 12, 2024, in order for your subdivision tobe considered for initial participation calculations and payment eligibility. Based upon subdivision participation forms received on or before August 12, 2024,the subdivision participation rate will be used to determine whether participation issufficient for the settlement to move forward and whether Montana earns itsmaximum potential payment under the settlement. If the settlement movesforward, your release will become effective. If a settlement does not move forward,that release will not become effective. Any subdivision that does not participate cannot directly share in the settlementfunds, even though Montana is settling, and other participating subdivisions willshare in settlement funds. Like the Distributors and Pharmacy settlements there are substantial incentives tostates to obtain maximum participation of all local subdivisions. In the previous Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 22355 settlements we were able to obtain 100% participation and the maximum amount offunds allocated and available to Montana. Any subdivision that does not participatemay reduce the amount of money for programs that would otherwise come toremediate the opioid crisis in Montana. WE STRONGLY URGE YOUR AGREEMENT TO PARTICPATE IN ORDER TO MAXIMIZETHE FUNDS THE STATE AND LOCAL GOVERNMENTS WILL RECEIVE. Montana will manage and distribute funds utilizing the existing abatement regionsand trust structure created by the Memorandum of Understanding of November 26,2021, and the Amendment of January 27, 2022, which all local subdivisionsapproved at the time. To facilitate this as part of your participation in thissettlement and receiving your allocation of the settlement funds you will need toapprove the continued use of the existing allocation and distribution structure setup and approved by all Montana local governments in the Memorandum ofUnderstanding of November 26, 2021, and the Amendment of January 27, 2022.There is a short separate form included for that. PLEASE SIGN AND SEND THAT INALSO. You are encouraged to discuss the terms and benefits of the New National OpioidsSettlement with your counsel or representatives from the Attorney General’s Office Information and documents regarding the New National Opioids Settlement andhow it is being implemented and how funds will be allocated can be found on thenational settlement website at https://nationalopioidsettlement.com/. This websitewill be supplemented as additional documents are created. How to return signed forms: There are three methods for returning the executed Participation Form and anysupporting documentation to the Implementation Administrator: (1)Electronic Signature via DocuSign: Executing the Participation Formelectronically through DocuSign will return the signed form to theImplementation Administrator and associate your form with yoursubdivision’s records. Electronic signature is the most efficient method forreturning the Participation Form, allowing for more timely participation andthe potential to meet higher settlement payment thresholds, and is thereforestrongly encouraged. (2)Manual Signature returned via DocuSign: DocuSign allows forms to bedownloaded, signed manually, then uploaded to DocuSign and returnedautomatically to the Implementation Administrator. Please be sure tocomplete all fields. As with electronic signature, returning a manually signedParticipation Form via DocuSign will associate your signed forms with yoursubdivision’s records. (3)Manual Signature returned via electronic mail: If your subdivision is unable toreturn an executed Participation Form using DocuSign, the signedParticipation Form may be returned via electronic mail to Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 23356 opioidsparticipation@rubris.com. Please include the name, state, andreference ID of your subdivision in the body of the email and use the subjectline Settlement Participation Form – [Subdivision Name, Subdivision State] –[Reference ID]. Detailed instructions on how to sign and return the Participation Form, includingchanging the authorized signer, can be found athttps://nationalopioidsettlement.com. You may also contactopioidsparticipation@rubris.com. The sign-on period for subdivisions ends on August 12, 2024.  If you have any questions about executing the Participation Form, please contact your counsel, the Implementation Administrator at opioidsparticipation@rubris.com,or Brent Mead at brent.mead2@mt.gov or 406-444-4500. Thank you,  New National Opioids Settlement Implementation Administrator The Implementation Administrator is retained to provide the settlement noticerequired by the New National Opioids Settlement and to manage the collection ofthe Participation Form. Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 24357 Subdivision Participation and Release Form Governmental Entity: Bozeman city State: MT Authorized Signatory: /officialname_kroger/ Address 1: /address1_kroger/ Address 2: /address2_kroger/ City, State, Zip: /cit_kr/ /state_kr/ /zi_kr/ Phone: /phone_kroger/ Email: /email_kroger/ The governmental entity identified above (“Governmental Entity”), in order to obtain andin consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated March 22, 2024 (“Kroger Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Kroger Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1.The Governmental Entity is aware of and has reviewed the Kroger Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Kroger Settlement and become a Participating Subdivision as provided therein. 2.The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in Inre National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entityauthorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/. 3.The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to Participating Subdivisions as defined therein. 4.By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5.The Governmental Entity agrees to use any monies it receives through the Kroger Settlement solely for the purposes provided therein. 6.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the KrogerSettlement. The Governmental Entity likewise agrees to arbitrate before the National 1 Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 59771-1230Montana (406 582-2306 cwinn@bozeman.net Chuck Winn P.O. 1230 Bozeman 25358 Arbitration Panel as provided in, and for resolving disputes to the extent otherwiseprovided in, the Kroger Settlement. 7.The Governmental Entity has the right to enforce the Kroger Settlement as provided therein. 8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor forall purposes in the Kroger Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entityidentified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided forin the Kroger Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Kroger Settlement shall be a complete bar to any Released Claim. 9.The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Kroger Settlement. 10.In connection with the releases provided for in the Kroger Settlement, eachGovernmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims thatthe creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Kroger Settlement. 2 Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 26359 11.Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Kroger Settlement in any respect, the Kroger Settlement controls. I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity. Signature:/signer_1_kroger/ Name:/name_1_kroger/ Title:/title_1_kroger/ Date:/date_1_kroger/ 3 Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 City Manager 8/8/2024 Chuck Winn 27360 APPROVAL OF USE OF NOVEMBER 26, 2021 MEMORANDUM OF UNDERSTANDINGAND JANUARY 27, 2022 AMENDMENT TO THE MEMORANDUM FOR THEALLOCATION, ADMINISTRATION, AND DISBURSEMENT OF SETTLEMENT FUNDSFROM THE KROGER SETTLEMENT I, /name_1_kroger/ , on behalf of Bozeman city do hereby approve the use of the November 26, 2021 Memorandum of Understanding and the January 27, 2022 Amendment to the Memorandum of Understanding for the allocation, administration, and disbursement of settlement funds from the KROGER settlement. Signature: /signer_1_kroger/ Name: /name_1_kroger/ Title: /title_1_kroger/ Date: /date_1_kroger/ Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 Chuck Winn Chuck Winn 8/8/2024 City Manager 28361 Memorandum REPORT TO:City Commission FROM:Jeff Butts, MPO Manager SUBJECT:Authorize the City Manager to Sign a Memorandum of Agreement for Cooperative Performance Based Planning Measures and Targets with the Montana Department of Transportation and Gallatin Valley Urban Transportation District to Cooperatively Develop and Share Information Related to Transportation Performance Measures and Targets MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Administration RECOMMENDATION:Authorize the City Manager to sign a Memorandum of Agreement for Cooperative Performance Based Planning Measures and Targets with the Montana Department of Transportation and Gallatin Valley Urban Transportation District to cooperatively develop and share information related to transportation performance measures and targets. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The Memorandum of Agreement for Cooperative Performance Based Planning Measures between the Gallatin Valley Metropolitan Planning Organization (MPO), the Gallatin Valley Urban Transportation District (UTD), and the Montana Department of Transportation (MDT) is an essential MPO document required for federal reimbursement eligibility. This agreement establishes provisions for the collaborative development and sharing of transportation performance data, consistent with federal requirements. It aims to improve transportation planning and performance assessment. The agreement has received formal approvals from the Transportation Policy Coordinating Committee (TPCC) and the UTD Board following comprehensive reviews. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:None. Attachments: Gallatin Valley MPO Performance Based Planning Agreement with Montana Department of Transportation and Gallatin 29 Valley Urban Transportation District.pdf Report compiled on: August 21, 2024 30 1 MEMORANDUM OF AGREEMENT FOR COOPERATIVE PERFORMANCE BASED PLANNING MEASURES AND TARGETS This memorandum of agreement, made and entered into this day of , 2024, by and between the Montana Department of Transportation (MDT), the Gallatin Valley Metropolitan Planning Organization Transportation Policy Coordinating Committee (MPO), and the Gallatin Valley Urban Transportation District (TRANSIT DISTRICT), establishes the roles, responsibilities and commitments for cooperatively developing and sharing information related to transportation performance measures and targets: WHEREAS, the Moving Ahead for Progress in the 21st Century Act (MAP-21) transformed the Federal- aid highway program by establishing new requirements for performance management to promote the most efficient investment of Federal transportation funds, and WHEREAS, the MAP-21 mandated rulemaking to establish a strategic and systematic process of operation, maintaining and improving public transportation capital assets effectively, and WHEREAS, the Infrastructure Investment and Jobs Act (IIJA) continued these requirements, and WHEREAS, performance management increases the accountability and transparency of the Federal-aid highway program and provides for a framework to support improved investment decision making through a focus on performance outcomes for key national transportation goals, and WHEREAS, performance outcome provisions were implemented by rulemaking to establish the regulations needed to effectively evaluate and report safety, infrastructure condition, on-road mobile source emissions, and surface transportation performance across the Nation, and WHEREAS, the MDT, MPO, and TRANSIT DISTRICT, consistent with 23 CFR Parts 450 and 490 and 49 CFR Parts 625 and 630, shall jointly agree upon and develop written provisions for cooperatively developing and sharing information related to transportation performance data, the selection of performance targets, the reporting of performance targets, the reporting of performance to be used in tracking progress toward attainment of critical outcomes for the region of the MPO, and the collection of data for the State asset management plans for the NHS and these provisions shall be documented; and WHEREAS, the selection of targets that address performance measures described in 23 USC 150(c) shall be in accordance with the appropriate target setting framework established at 23 CFR Part 490 and shall be coordinated with MDT; and WHEREAS, the selection of performance targets that address performance measures described in 49 USC 5326(c) and 49 USC 5329(d) shall be coordinated between the MPO, TRANSIT DISTRICT, and MDT; and WHEREAS, for each applicable performance measure the MPO shall establish targets by either agreeing to plan and program projects so that they contribute toward the accomplishment of the relevant MDT target for that performance measure, or committing to a quantifiable target for that performance measure for the metropolitan planning area; and 31 2 NOW, THEREFORE, it is agreed by and between the parties hereto that: 1. The MPO will support MDT targets for applicable performance measures in 23 CFR 490 for safety, pavement and bridge condition, system performance, freight, and Congestion Mitigation and Air Quality (CMAQ), and will coordinate with and support the TRANSIT DISTRICT, targets for performance measures in 49 CFR 625 and 630 for transit asset management and transit safety. It is further agreed the MPO will plan and program projects so that they contribute toward the accomplishment of the relevant MDT targets for each performance measure. 2. MDT shall coordinate with the MPO on the selection of MDT targets in accordance with 23 USC 135 to ensure consistency, to the maximum extent practicable. 3. The TRANSIT DISTRICT shall coordinate with the MPO to set targets in accordance with 49 USC 5326(c) and 49 USC 5329(d) and provide targets to the MPO for transportation planning processes. 4. MDT will be responsible for the collection of data for the State asset management plan for the NHS. The MPO, MDT and TRANSIT DISTRICT, will collect and share data as needed for conducting the transportation planning processes of the MPO. 5. The MPO will include in the metropolitan transportation plan a description of the performance measures and performance targets used in assessing the performance of the transportation system; a system performance report evaluating the condition and performance of the transportation system with respect to the performance targets, including progress achieved by the MPO in supporting the MDT targets in comparison with system performance recorded in previous reports. 6. The MPO will include in the Transportation Improvement Program (TIP) a description of the anticipated effect of the TIP toward achieving the performance targets identified in the metropolitan transportation plan, linking investment priorities to those performance targets. 7. This agreement shall be for a two-year term and any alteration or supplement to the terms of this agreement shall be agreed to in writing by the signatory parties. 32 3 IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals the day and year first above written. APPROVED FOR CITY OF BOZEMAN APPROVED FOR GVMPO By: ______________________________ By: ______________________________ Bozeman City Manager TPCC Chair ATTEST By: ______________________________ Bozeman City Clerk APPROVED AS TO FORM & CONTENT By: ______________________________ Bozeman City Attorney APPROVED FOR GALLATIN VALLEY URBAN TRANSPORTATION DISTRICT By: ______________________________ Gallatin Valley UTD Chair APPROVED FOR MONTANA DEPARTMENT OF TRANSPORTATION By: ______________________________ MDT Rail, Transit, and Planning Division Administrator By: ______________________________ MDT Legal Counsel 33 Memorandum REPORT TO:City Commission FROM:Brian Heaston, Senior Engineer Shawn Kohtz - Director of Utilities SUBJECT:Authorize the City Manager to Sign a Joint Funding Agreement with the U.S. Geological Survey for the Continued Operation of the Real-time Streamflow Gaging Stations on the East Gallatin River and Hyalite Creek for Federal Fiscal Year 2025 MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to sign a Joint Funding Agreement with the U.S. Geological Survey for the continued operation of the real-time streamflow gaging stations on the East Gallatin River and Hyalite Creek for federal fiscal year 2025. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The U.S. Geological Survey (USGS) operates a real-time streamflow gaging station on the East Gallatin River near the City’s Water Reclamation Facility and on Hyalite Creek near the mouth of Hyalite Canyon. These gages record continuous real-time streamflow data that are made publicly available on the USGS website. Real-time flow gaging provides beneficial data for the City that may be utilized for a multitude of purposes, including: issuing flood warnings, local drought stage monitoring, assessing climate impacts to long- term water availability trends, and discharge permit compliance. The City and USGS have historically partnered on funding the annual maintenance and operations costs for the East Gallatin River gage. The addition of joint funding for the Hyalite Creek gage was a new funding share for the City for federal fiscal year 2023. Continued joint funding for the Hyalite gage for the upcoming federal FY25 (Oct 1 – Sept 30) is provided for in the attached FY25 Joint Funding Agreement. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The City’s cost share per the federal FY25 JFA amounts to $25,870 ($12,935 for each of the two gages). The approved FY25 Wastewater Reclamation 34 Facility operating budget has sufficient line item budget to cover the East Gallatin River gage costs. The approved FY25 Water Conservation Division operating has sufficient line item budget to cover the Hyalite Creek gage costs. Attachments: FY25 USGS Joint Funding Agreement.pdf FY25 USGS JFA Cost Breakdown.pdf Report compiled on: August 26, 2024 35 Form 9-1366 (May 2018) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Customer #: 6000001514 Agreement #: 25RSJFA011 Project #: RS00FN6 TIN #: 81-6001238 Fixed Cost Agreement YES[ X ] NO[ ] THIS AGREEMENT is entered into as of the October 1, 2024, by the U.S. GEOLOGICAL SURVEY, Wyoming- Montana Water Science Center, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Bozeman party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation for negotiated deliverables (see attached), herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In-Kind-Services in the amount of $0.00 (a) $13,930 by the party of the first part during the period October 1, 2024 to September 30, 2025 (b) $25,870 by the party of the second part during the period October 1, 2024 to September 30, 2025 (c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the amount of: $0 Description of the USGS regional/national program: (d) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program, and if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that scientific information and data developed as a result of the Scope of Work (SOW) are subject to applicable USGS review, approval, and release requirements, which are available on the USGS Fundamental Science Practices website (https://www.usgs.gov/office-of-science-quality-and-integrity/fundamental-science-practices). 36 9. Billing for this agreement will be rendered annually. Invoices not paid within 60 days from the billing date will bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the U.S. Treasury. USGS Technical Point of Contact Name: Madison May Hydrologist Address: Helena, MT 59601 Telephone: (406) 457-5900 Fax: (n/a) Email: mmay@usgs.gov Customer Technical Point of Contact Name: Brian Heaston Project Engineer Address: P.O. Box 1230 Bozeman, MT 59771-1230 Telephone: (406) 582-2924 Fax: (n/a) Email: bheaston@bozeman.net USGS Billing Point of Contact Name: Jason Mandy Administrative Officer Address: 3162 Bozeman Ave Helena, MT 59601 Telephone: (406) 457-5900 Fax: (406) 457-5990 Email: jmandy@usgs.gov Customer Billing Point of Contact Name: Brian Heaston Project Engineer Address: P.O. Box 1230 Bozeman, MT 59771-1230 Telephone: (406) 582-2924 Fax: (n/a) Email: bheaston@bozeman.net U.S. Geological Survey United States Department of Interior Signature By_______________________ Date: 8/23/2024 Name: John M Kilpatrick Title: Director City of Bozeman Signatures By_______________________ Date: _________ Name: Title: By_______________________ Date: _________ Name: Title: By_______________________ Date: _________ Name: Title: Form 9-1366 (May 2018) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resource Investigations Customer #: 6000001514 Agreement #: 25RSJFA011 Project #: RS00FN6 TIN #: 81-6001238 37 COOPERATIVE WATER RESOURCES PROGRAM City of Bozeman USGS Wyoming-Montana Water Science Center Federal Fiscal Year 2025 (20241001 - 20250930) Station Name Bozeman USGS Streamgaging - Collect, compute, review, and publish continuous annual streamflow record - Provide real-time data 06048650 E Gallatin R ab Water Reclamation Facility nr Bozeman MT $12,935 $6,965 06050000 Hyalite C at Hyalite R S nr Bozeman MT $12,935 $6,965 Streamgaging SUBTOTAL $25,870 $13,930 Bozeman USGS Streamgaging TOTAL $25,870 $13,930 Performance Period Annual: Oct 1 2024 through Sep 30 2025 (data collection) Funding Period Oct 1 2024 through Sep 30 2025 Status Notes 7/30/2024 Gallatin CD previously contributed $1000 (plus USGS CMF) towards Hyalite Creek in FY24. They have indicated this was only 1 year funding and are not contributing funding for FY25 38 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nick Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Construction and Maintenance Agreement with the Montana Department of Transportation for the 5th and Main Residences Project MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign a Construction and Maintenance Agreement with the Montana Department of Transportation for the 5th and Main Residences project. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The intent of this agreement is to define maintenance responsibilities between the Montana Department of Transportation (MDT) and city of Bozeman for the landscaping and street furniture associated with the 5th and Main Residences project. The 5th and Main Residences project, located at 421 W. Main Street, has advanced through development review by the city of Bozeman. The city has applied its street frontage requirements for amenities such as sidewalks, benches, and street trees. Main Street (N-50) is a route owned and maintained by MDT. MDT holds the approval authority for right of way encroachments and requires maintenance agreements with municipalities for features such as those requested by the city. This maintenance agreement will allow the project to advance under the conditions defined by the city's Unified Development Code. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:The maintenance of the facilities will be undertaken through already budgeted staff and equipment. Attachments: 39 MDT Maintenance Agreement_5th and Main Residences_for signature.docx Attachment_A_MDT_Nondiscrimination&Disability_Accommodation.pdf Attachment B - 5th and Main LANDSCAPE SITE PLAN.pdf Report compiled on: August 29, 2024 40 Project Name Bozeman 5th and Main Residences Project Address 421 W. MAIN STREET MDT Maintained Route (Route)N-50 Reference Post 88.79 Project Developer/Encroachment Applicant CODY CROSKEY Name of City or Municipality Bozeman, Gallatin County Address of City or Municipality 121 N Rouse Ave. Bozeman, MT 59715 Current IDC Rate for Fiscal Year Year: 2024 13.56% Current year MDT Nondiscrimination and Disability Accommodation Notice Revised (Month/Year): 01/2022 Attachment A This Agreement by and between Bozeman, and the Montana Department of Transportation (MDT, Department, or State), establishes the responsibilities and duties of the parties in respect to Project activities on a portion of Route C000050 located within Bozeman. The purpose of this Agreement is to set forth the respective responsibilities and duties of the Parties associated with the installation and maintenance of the Project Specific Features within the above referenced MDT right-of-way, a commission-designated highway system, per the approved plans (Attachment B) received from the Developer. This Agreement sets forth terms regarding the Bozeman Gallatin County’s maintenance responsibilities for the Project that the Bozeman Gallatin County must meet for MDT to provide the Developer the necessary Encroachment Permit to install the Project Specific Features. Any Encroachment Permit granted to the Developer by this Agreement is explicitly subject and subordinate to the rights and title of MDT and the State of Montana and the attached General Terms and Conditions. Project Features Select the checkbox next to every feature listed below that your project includes and that you intend to address in the current agreement. Standard language is provided in the template for these features. (See Article III Project Specific Features) ⾙ 1. Landscaping and/or Irrigation ☐4. Shared-Use Path* ☒2. Sidewalks*☐5. Bulb-outs* ⾙ 3. Sidewalk Benches/Bike Racks/Other Sidewalk Amenities* ☐6. Lighting *Submit preliminary plans to MDT external ADA coordinator in Helena for compliance review. Is the project located within one of the following MS4 areas?No ☐Yes ⾙ Billings/Portion of Yellowstone Co.☐ Missoula/Portion of Missoula Co.☐ Great Falls/Portion of Cascade Co. ☐ Bozeman ⾙ Billings ☐ Butte ☐ Kalispell ☐ Helena ☐ STATE OF MONTANA Department of Transportation MAINTENANCE AGREEMENT 41 Projects located in a Small Municipal Separate Storm Sewer System (MS4) Permit area subject to the following conditions. 1.MDT concludes, and the City of Bozeman agrees, the project work is designed in compliance with applicable Small MS4 Permit requirements. 2.The City of Bozeman agrees to operate, monitor and maintain storm water management features in compliance with applicable MS4 requirements. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representative effective as of the date of final signature. Have the Following General Terms and Conditions of this agreement been modified? Yes ☐ No ☒ MDT City of Bozeman X Dated: District Administrator X Dated: Greg Sullivan City of Bozeman Attorney X Dated: Chuck Winn Interim City of Bozeman Manager X Dated: Mike Maas City of Bozeman Clerk Copy: MDT Office of Civil Rights (DocuSign Notification) 42 General Terms and Conditions AGREEMENT ARTICLE I. GENERAL OBLIGATIONS OF MDT 1.If the City of Bozeman does not fulfill their maintenance requirements as stated herein, MDT may complete the required maintenance and seek compensation from the City of Bozeman. In doing so, MDT must first provide notice to the City of Bozeman allowing 60 days to complete any such maintenance. If MDT performs such maintenance under this section, it must provide detailed invoices of such costs to the City of Bozeman. 2.MDT may complete any maintenance required due to public emergency and seek compensation from the City of Bozeman for any costs incurred. In doing so, MDT may first provide notice to the City of Bozeman, when possible, allowing time to complete any such maintenance. If MDT performs maintenance under this section, it must provide detailed invoices of such costs to the City of Bozeman. ARTICLE II. GENERAL OBLIGATIONS OF THE CITY OF BOZEMAN 1.The City of Bozeman agrees that no fixture, building, structure, or other permanent installation will be constructed or placed within commission designated right-of-way without prior written approval from MDT. 2.The City of Bozeman agrees any maintenance within MDT right-of-way that requires lane closure or equipment must be reviewed and approved by MDT maintenance staff prior to initiation of the maintenance. 3.The City of Bozeman shall complete the necessary environmental processes for modification to the state highways and roadways and demonstrate that all, if any, environmental issues associated with the proposed project have been identified and mitigated. The City of Bozeman agrees it will prepare and file any required environmental documents and apply for and obtain any permits required by other governmental agencies at no expense to MDT prior to maintenance taking place within commission designated right-of-way. 4.The City of Bozeman agrees to be responsible for any and all damages to facilities within commission designated right-of-way caused by the City of Bozeman, the City of Bozeman’s staff or contractors, or resulting from the City of Bozeman’s operations. The City of Bozeman must repair any and all damages, at its sole expense, after notification of damage by MDT and approval of repair work needed, method of repair, and schedule for repair. 5.If the City of Bozeman fails to perform or cause to be performed, the maintenance obligations as required by this agreement within 60 days of written notification from MDT, MDT may complete the required maintenance and the City of Bozeman be required to compensate MDT for its performance of said maintenance. 6.MDT may complete any maintenance required due to a public emergency without prior notice to the City of Bozeman. The City of Bozeman agrees to be responsible for and to reimburse MDT for said maintenance. ARTICLE III – PROJECT SPECIFIC FEATURES 1.Landscaping/Irrigation Equipment a.Upon completion of the Project, the City of Bozeman agrees that it is responsible, at no cost to MDT, to service, maintain and repair the landscaping and irrigation equipment installed as part of this project. 43 b.For the purposes of this Agreement, “maintenance of landscaping and irrigation system,” is defined as: mowing, watering, debris removal, weed control, fertilizing, tree/shrub trimming including removal, replacement and maintenance of sight triangles, the repair and replacement of fences, and maintenance of all features in compliance with ADA/PROWAG. The irrigation system shall be fully operational, free of leaks, with heads selected and adjusted to reduce water waste. c.If the City of Bozeman is not able to complete the maintenance on the landscaping and irrigation system as per this Agreement, the improvements may become the property of MDT, without reimbursement. If landscaping or irrigation become MDT property, MDT will maintain the property as it sees fit and may remove the landscaping and irrigation system without the City of Bozeman’s approval. MDT may seek compensation for the maintenance or removal of the landscaping and irrigation system from the City of Bozeman. 2.Sidewalks/Curb a.Sidewalk Maintenance: Upon completion of the Project the City of Bozeman agrees, through the enforcement of local ordinance(s) or otherwise, to maintain the sidewalks within the Project limits and ensure they are safe and functional for the traveling public. Maintenance includes removing snow and ice, removing debris and other obstructions or impediments to safe pedestrian travel, and any and all other normally accepted maintenance practices. b.Sidewalk Repair: In the event either the City of Bozeman or MDT identifies any portion of the sidewalk within the Project limits requiring repair, the City of Bozeman agrees to make a good faith effort to enforce any local ordinances requiring adjacent landowners to make the necessary repairs. If the City of Bozeman is unable to cause the necessary repairs to be completed the City of Bozeman shall notify MDT. MDT will collaborate with the City of Bozeman to determine whether State or local funding is available to complete the necessary repairs and facilitate project nomination. Repairs include grinding or milling down displacements; surface patching; crack sealing; replacing portions of damaged sidewalk; repairing chipped, fractured, or broken surfaces from any cause, including but not limited to frost heaving, landscaping, tree roots or encroachments, and any and all other normally accepted repair practices. c.Sidewalk requiring closure: If any portion of the sidewalk within the Project limits becomes hazardous for use, the City of Bozeman agrees to notify MDT and restrict access to the affected area until the condition has been remedied. MDT agrees to work with the City of Bozeman to expedite the necessary repairs. 3.Sidewalk Benches/Bike Racks/Other Sidewalk Amenities a.Upon completion of the project, the City of Bozeman agrees that it is responsible, at no cost to MDT, to service, maintain and repair the benches, bike racks, planters, tree grates, and other sidewalk amenities installed as part of this project. b.For the purposes of this Agreement, “maintenance of benches, bike racks, planters, tree grates, and other sidewalk amenities,” is defined as: regular inspection to ensure the safety and functionality of the amenity, and that the hardware is intact, fasteners are made flush with surfaces, and seats and backings are smooth with no protrusions or sharp edges. The placement must allow for a clear approach area adjacent to the furnishing and meet pedestrian access route requirements consistent with ADA (PROWAG) requirements. ARTICLE IV – GENERAL TERMS AND CONDITIONS 1.Term – The term of this Agreement shall be ten (10) years. After the initial ten (10) year term, this Agreement will renew automatically, for successive one (1) year terms, unless superseded by a new Agreement between the parties. 2.Termination – This Agreement may be terminated by MDT if the City of Bozeman has violated or breached any term, condition or article of this Agreement and the City of Bozeman has failed to correct the same within 44 60 days of receiving notice in writing addressed to the City of Bozeman at the addresses shown above, from MDT of such violation or breach of any term condition or article of this Agreement. If this Agreement is terminated, the improvements become the property of MDT, without reimbursement. MDT will maintain the Project as it sees fit and may remove it without City of Bozeman approval. MDT may seek compensation for maintenance or removal of the Project from the City of Bozeman. 3.Hold Harmless & Indemnification The City of Bozeman agrees to protect, defend, indemnify, and hold MDT, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the City of Bozeman’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of the City of Bozeman, its agents, or sub-contractors, under this Agreement, except the negligence of MDT. MDT agrees to protect, defend, indemnify, and hold the City of Bozeman, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the MDT’s employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of MDT, its agents, or sub- contractors, under this Agreement, except the negligence of the City of Bozeman. 4.Insurance a.General Requirements: Each party shall maintain for the duration of this Agreement, at its own cost and expense, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the duties and obligations in this Agreement by each party, its agents, employees, representatives, assigns, or sub-contractors. This insurance shall cover such claims as may be caused by any negligent act or omission. b.General Liability Insurance: Each party shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $1 million per occurrence and $2 million aggregate per year to cover such claims as may be caused by or arising out of any negligent acts or omissions in work or services performed under this Agreement, or as established by statutory tort limits as provided by a public entity self-insurance program either individually or on a pool basis as provided by Mont. Code Ann. Title 2, Chapter 9. c.General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana or by a public entity self-insured program either individually or on a pool basis. Each party must notify the other immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. Each party reserves the right to request complete copies of the other party’s insurance policy or self-insured memorandum of coverage at any time. d.Workers’ Compensation Insurance: The City of Bozeman must maintain workers’ compensation insurance and require its contractors and its contractor’s sub-contractors to carry their own workers compensation coverage while performing work within MDT right-of-way in accordance with Mont. Code Ann. §§39-71-401 and 39-71-405. Neither the contractor nor its employees are employees of MDT. This insurance/exemption must be valid for the entire Agreement period. 5.Public Safety If any repairs to the elements of the Project must be performed to address or prevent a public hazard, the City of Bozeman will immediately protect the area from public access, and make reasonable and timely effort to correct or repair the hazard. 6.Invoicing and Indirect Cost (IDC) Section 17-1-106, MCA, requires any state agency, including MDT, which receives non-general funds to identify and recover its indirect costs (IDC). These costs are in addition to direct project costs. MDT’s IDC rate 45 is determined annually as a percentage of the project’s direct costs to cover the project’s share of MDT’s IDC as defined by 2 CFR Part 200, Appendix VII. 7.Choice of Law and Venue This Agreement shall be governed by the laws of Montana. The parties agree that any litigation concerning this Agreement must be brought in the First Judicial District Court, in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees, except as otherwise noted in this Agreement on Indemnification. 8.Binding Effect – The benefits and obligations set forth in this Agreement shall be binding upon, and insure to the benefit of, their respective successors, administrators and assigns of the Parties. 9.Relationship of Parties – Nothing contained in this Agreement shall be deemed or construed (either by the Parties hereto or by any third party) to create the relationship of principal and agent or create any partnership joint venture or other association between the Parties. 10. Non-Discrimination – The City of Bozeman will require that during the performance of any work arising out of this Agreement the City of Bozeman, for itself, assignees, and successors shall comply with all applicable non-discrimination regulation set forth in Attachment “A” attached hereto and made part of this Agreement. 11. ADA - MDT requires that any construction or maintenance resulting from this Agreement must include appropriate pedestrian facilities that meet or exceed current MDT standards for accessibility as set forth by the United States Department of Justice 2010 ADA Standards for Accessible Design, United States Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, and MDT’s Detailed Drawings, 608 series. 12. Audit – The Legislative Auditor and the Legislative Fiscal Analyst may, without prior notice and during normal business hours, audit, at their own cost and expense, all records, reports, and other documents the City of Bozeman maintain in connection with this Agreement. 13. Access and Retention of Records – The City of Bozeman agrees to provide the State, Legislative Auditor, or their authorized agents access to any records necessary to determine compliance with this MOA (Mont. Code Ann. §18-1-118). The City of Bozeman agrees to create and retain records supporting this Agreement for a period of three years after the completion date of this Agreement or the conclusion of any claim, litigation or exception relating to the Agreement taken by the State of Montana or a third party. 14. Highway Modifications – If MDT modifies or improves the highway or roadway facilities, the City of Bozeman will modify, upon reasonable notice at no expense to MDT, the Project accordingly. 15. Revocation – This Agreement is revocable by MDT in the event that the Project facilities within the right-of- way cease to be used by the City of Bozeman for a period of one year or abandoned otherwise. Upon revocation or abandonment, the Project facilities must be removed in compliance with this Agreement. 16. Utilities – The right of any private or public utility now lawfully occupying the right-of-way to operate and maintain utility facilities supersedes any right granted by this Agreement to the City of Bozeman. Copies of existing utility permits may be obtained from the MDT District Utility Agent. 17. Amendment and Modification – The Parties may modify or amend this Agreement only by a written Amendment signed by the Parties. In addition to the terms and conditions contained herein, the provisions of any Amendment may be incorporated and made a part hereof by this reference in the terms of the amendment so provided. In the event of any conflict between the terms and conditions hereof and the provision of any Amendment, the provision of the Amendment shall control, unless the provisions thereof are prohibited by law. 46 18. Representatives a.The City of Bozeman’s Representative: The City of Bozeman’s Representative for this Agreement shall be the City of Bozeman Manager or designee or such other individual as City of Bozeman shall designate in writing. Whenever approval or authorization from or communication or submission to City of Bozeman is required by this Agreement, such communication or submission shall be directed to the City of Bozeman’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City of Bozeman’s Representative is not available, MDT may direct its communication or submission to other designated City of Bozeman personnel or agents. a.MDT’s Representative: The MDT Representative for this Agreement shall be the District Administrator or Maintenance Chief or such other individual as MDT shall designate in writing. Whenever direction to or communication with MDT is required by this Agreement, such direction or communication shall be directed to MDT’s Representative; provided, however, that in exigent circumstances when MDT’s Representative is not available, City of Bozeman may direct its direction or communication or submission to other designated MDT personnel or agents. 19. Counterpart Execution - This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. 47 ATTACHMENT A MDT Nondiscrimination and Disability Accommodation Notice 48 ATTACHMENT B Plan 49 Page 1 of 4 Rev. 01/2022 MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE its business in an environment free from discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter nyone with whom MDT does business: Federal protected classes State protected classes Race, color, national origin, sex, sexual orientation, gender identity, age, disability, income-level & Limited English Proficiency Race, color, national origin, parental/marital status, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, religion/creed, social origin or condition, genetic information, sex, sexual orientation, gender identification or expression, ancestry, age, disability mental or physical, political or religious affiliations or ideas, military service or veteran status, vaccination status or possession of immunity passport For the duration of this contract/agreement, the PARTY agrees as follows: (1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all Acts and Regulations of the United States and the State of Montana relative to Non- Discrimination in Federally and State-assisted programs of the U.S. Department of Transportation and the State of Montana, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (2) Non-discrimination: a. The PARTY, with regard to the work performed by it during the contract, will not discriminate, directly or indirectly, on the grounds of any of the protected classes in the selection and retention of subcontractors, including procurements of materials and leases of equipment, employment, and all other activities being performed under this contract/agreement. b. The PARTY will provide notice to its employees and the members of the public that it serves that will include the following: i. A statement that the PARTY does not discriminate on the grounds of any protected classes. ii. A statement that the PARTY will provide employees and members of the public that it serves with reasonable accommodations for any known disability, upon request, pursuant to the Americans with Disabilities Act as Amended (ADA). iii. Contact information for the - discrimination complaints and providing reasonable accommodations under the ADA. iv. Information on how to request information in alternative accessible formats. 50 Page 2 of 4 Rev. 01/2022 c. In accordance with Mont. Code Ann. § 49-3-207, the PARTY will include a provision, in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and qualifications and that the PARTY does not discriminate on the grounds of any protected class. (3) Participation by Disadvantaged Business Enterprises (DBEs): a. If the PARTY receives federal financial assistance as part of this contract/agreement, the PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its subcontracting services. The list of all currently certified DBE firms is located on the MDT website at mdt.mt.gov/business/contracting/civil/dbe.shtml b. By signing this agreement, the PARTY assures MDT that: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. c. The PARTY must include the above assurance in each contract/agreement the PARTY enters. (4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be performed under a subcontract, including procurements of materials, or leases of equipment, under this contract/agreement and all Acts and Regulations of the United States and the State of Montana related to Non-Discrimination. (5) Information and Reports: The PARTY will provide all information and reports required by the Acts, Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by MDT or relevant US DOT Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the PARTY will so certify to MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has made to obtain the information. (6) Sanctions for Noncompliance: - discrimination provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the PARTY under the contract/agreement until the PARTY complies; and/or b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part. 51 Page 3 of 4 Rev. 01/2022 (7)Pertinent Non-Discrimination Authorities:During the performance of this contract/agreement, the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Federal - Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; - The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); - Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); - Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; - The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); - Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); - The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms -aid recipients, sub-recipients, and contractors, whether such programs or activities are Federally funded or not); - Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; - -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); - Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; - Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); 52 Page 4 of 4 Rev. 01/2022 - Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). - Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of gender identity and in hiring by federal contractors on the basis of both sexual orientation and gender identity. State - Mont. Code Ann. § 49-3-205 Governmental services; - Mont. Code Ann. § 49-3-206 Distribution of governmental funds; - Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts. (8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through seven in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The PARTY will take action with respect to any subcontract or procurement as MDT or the relevant US DOT Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request the United States to enter into the litigation to protect the interests of the United States. 53 PROJECT OWNER 5TH AND MAIN APARTMENTS BOZEMAN, MT 59715 ENGINEER TD&H ENGINEERING 234 E BABCOCK ST #3 BOZEMAN, MT 59715 (406) 586 - 0277 ARCHITECT SMA 428 E MENDENHALL ST BOZEMAN, MT 59715 (406) 219 - 2216 LANDSCAPE ARCHITECT DESIGN 5, LLC Troy Scherer 111 N. Tracy Bozeman, MT 59715 (406) 587 - 4873 KEYNOTES CONCRETE PAVERS STANDARD CONCRETE WALK, SEE CIVIL TREE GRATE AND GUARD VISION TRIANGLE. SEE CIVIL. SEWER STUB INTO BUILDING. COORDINATE WITH CIVIL AND MEP PROPERTY LINE FIBER AND COMM. LINES INTO BUILDING, SEE ARCH. PEDESTAL PAVER SYSTEM TOURNESOL PLANTERS (36" TALL) PERGOLA WITH FESTOON LIGHTING SYNTHETIC TURF PRIVACY SCREENING GAS FIRE PIT BOARD FORM CONCRETE PLANTER PARAPET AND RAILING, SEE ARCH. BIKE PARKING HOSE BIB, COORDINATE WITH MEP IRRIGATION CONNECTION POINT, COORDINATE WITH MEP WATER SERVICE INTO BUILDING. COORDINATE WITH CIVIL AND MEP 6" CONCRETE HEADER IRRIGATION JUNCTION BOX CONCRETE RAMP CURB, SEE CIVIL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 6" CONCRETE PLANTER CURB23 GAS SERVICE, SEE CIVIL24 ELECTRICAL PANELS (GROUND LEVEL) SEE ARCH25 26 27 STORM DRAIN CHASE, SEE CIVIL NEW CURB AND GUTTER, SEE CIVIL SETBACK LANDSCAPING REQUIRED AND PROVIDED: ALL FRONT, SIDE AND REAR SETBACKS MUST BE LANDSCAPED DROUGHT TOLERANT SPECIES REQUIRED: A LANDSCAPE PLAN MUST PROVIDE 75 PERCENT OR GREATER OF THE PROPOSED TREES AND SHRUBS AS DROUGHT TOLERANT SPECIES PROVIDED: THE ENTIRE LANDSCAPE PLAN PROVIDES 100 PERCENT OF THE PROPOSED TREES AND SHRUBS AS DROUGHT TOLERANT SPECIES STREET FRONTAGE LANDSCAPING REQUIRED: ONE LARGE CANOPY TREE FOR EACH 50 FEET OF TOTAL STREET FRONTAGE ROUNDED TO THE NEAREST WHOLE NUMBER. WHERE IT MAY BE IMPRACTICAL OR DIFFICULT TO PLANT LARGE CANOPY TREES WITHIN THE PUBLIC RIGHT-OF-WAY THE REQUIREMENT FOR ONE LARGE CANOPY TREE FOE EACH 50 FEET OF STREET FRONTAGE MAY BE SUBSTITUTED WITH TWO SMALL ORNAMENTAL TREES PER 50 FEET OF TOTAL STREET FRONTAGE. TREES ALONG PROPOSED STREETS FOR INTERIOR REQUIRED: 1 LARGE CANOPY TREE FOR EVERY 50 FEET OF STREET FRONTAGE. MAIN STREET: 204' OF STREET FRONTAGE = MIN 5 TREES REQUIRED (6 PROVIDED). N 5TH AVE: 127' OF STREET FRONTAGE = MIN 3 TREES REQUIRED (3 PROVIDED) WITHIN PROPERTY LINE. BIKE PARKING REQUIRED AND PROVIDED: 6 RESIDENTIAL BICYCLE PARKING SPACES REQUIRED FOR RESIDENTIAL, 30 PROVIDED. 3 BICYCLE PARKING SPACES REQUIRED FOR COMMERCIAL, 4 PROVIDED (2 RACKS). SERVICE ENCLOSURES LANDSCAPING REQUIRED AND PROVIDED: THE SIDES AND REAR OF SERVICE ENCLOSURES MUST BE SCREENED WITH LANDSCAPING AT LEAST FIVE FEET WIDE IN LOCATIONS VISIBLE FROM STREET, PARKING LOTS, AND PATHWAYS TO SOFTEN VIEWS OF THE SCREENING ELEMENT AND VISUAL INTEREST UTILITY METERS LANDSCAPING REQUIRED AND PROVIDED: IF SUCH ELEMENTS ARE MOUNTED IN A LOCATION VISIBLE FROM THE STREET, PEDESTRIAN PATHWAY, SHARED OPEN SPACE, OR SHARED AUTO COURTYARDS, THEY MUST BE SCREENED WITH VEGETATION. NORTHWESTERN ENERGY: POLICY IS TO MAINTAIN A MINIMUM, 30" WIDE X 3' CLEAR ZONE BETWEEN THE FRONT OF THE METER AND ANY LANDSCAPE SCREENING AND ALLOW EASY ACCESS TO THE METERS FOR OPERATION AND MAINTENANCE. TRANSFORMER LANDSCAPING NORTHWESTERN ENERGY: POLICY IS FOR PLANTING OF BUSHES OR SHRUBS A MINIMUM WORKING SPACE FOR A PAD-MOUNTED TRANSFORMER, IS 4 FEET ON THE SIDES AND BACK PORTION OF THE CONCRETE PAD AND 10 FEET OF CLEARANCE ON THE FRONT SIDE OF THE PAD WHERE THE TRANSFORMER DOORS ARE LOCATED OPEN SPACE: REQUIRED: · 13,650 SF (SEE ARCH FOR SF BREAKDOWN) PROVIDED: ·PROVIDED BY ARCH: 11,191 (SEE ARCH FOR BREAKDOWN) · 1826 SF PRIVATE ROOF DECK · 4350 SF COMMON COURTYARD SPACE TOTAL OPEN SPACE PROVIDED: 17,367 GAS GASGASGASGAS UE UE UE UE UE UEUE STORAGE 002 WATER SERVICE 005 MDF 006 UP UP GARAGE LEVEL LEVEL 1LEVEL 2LEVEL 2CP 3 4 6 4 8 16 13 18 18 20 21 16 1 22 1 7 2 2 9 10 11 11 12 14 9 17 15 15 20 13 24 25 5 17 23 13'-7" 1 27 26 23 SHEET INDEX L0.0- OVERALL SITE PLAN L0.1- NOTES AND SCHEDULES L2.0- GROUND LEVEL HARDSCAPE PLAN L2.2- 2ND FLOOR HARDSCAPE PLAN L2.4- 6TH FLOOR ROOF DECK HARDSCAPE PLAN L3.0- GROUND LEVEL PLANTING PLAN L3.1- 2ND FLOOR PLANTING PLAN L4.0- 2ND FLOOR LANDSCAPE LIGHTING PLAN L5.0- LANDSCAPE DETAILS L5.1- LANDSCAPE DETAILS L5.2- LANDSCAPE DETAILS L6.0- CONCEPTUAL IRRIGATION PLAN L0.0 OVERALL SITE PLAN 10 5 0 20 N 1 L0.0 1" = 10'-0" Overall Site Plan SHEET NO.: TITLE: COPYRIGHT 2022 SMA, P.C. REVISIONS: KEYMAP: ARCHITECT/ENGINEER SEAL: PROJECT: PROJECT LOCATION: PREPARED FOR: OWNER LOGO: CONSULTANT LOGO/CONTACT: PROJECT NUMBER: DRAWN BY: CHECKED BY: TEAM: PHASE: DATE: SMA PROJECT NUMBER:Plot Date: NOT FOR CONSTRUCTION AHJ APPROVAL: HELENA P: 406-442-4933 BO=EMAN P: 406-219-2216 www.sma.design 6/06/2022 1:00:35 PM2145 5TH AND MAIN RESIDENCES 2145 5TH AND MAIN BO=EMAN, MT O e NO. DATE REVISION DESCRIPTION 2023-02-0 AVD TMS SPR 2 PROJECT SITE N. 5TH AVE.W. MAIN ST. W. MENDENHALL ST. 54 Memorandum REPORT TO:City Commission FROM:Mike Maas, City Clerk Takami Clark, Communication and Engagement Manager Scott McMahan, Information Technology Director Chuck Winn, Acting City Manager SUBJECT:Ratify the City Manager's Signature on the Professional Services Agreement with Granicus, LLC for Subscription Services MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Ratify the City Manager's Signature on the Professional Services Agreement with Granicus, LLC for Subscription Services STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:On April 9, 2024, the City of Bozeman entered into an amended agreement with Granicus, LLC to consolidate multiple subscriptions with our fiscal year end. This agreement is a follow-up on that alignment to combine multiple services, the City's website, the Library website, Engage Bozeman platform, and agenda and streaming platform, into one agreement for ease of management and efficiencies. This agreement combined services better aligns our services with the City's purchasing policy. UNRESOLVED ISSUES:None identified ALTERNATIVES:As per the Commission FISCAL EFFECTS:The contracted amount is within the appropriated departmental budgets. Attachments: Granicus PSA 8-26-24.pdf Granicus Exhibit A.pdf Granicus Exhibit B.pdf Report compiled on: August 27, 2024 55 Professional Services Agreement for Digital Services Page 1 of 15 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 27th day of August, 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, Granicus, LLC, a Minnesota Limited Liability Company, 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 July 1, 2024 and will expire on the 30th day of June, 2027, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will provide the products and services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services attached as Exhibit A. Invoices are due within 30 days of issuance. Annual subscription fees are due upfront prior to commencement of the annual subscription period. Any alteration or deviation from 56 Professional Services Agreement for Digital Services Page 2 of 15 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. Licensing / Permitted Use: a. Contractor products and services are purchased by City as subscriptions. Contractor hereby grants and City hereby accepts, solely for its internal use, a worldwide, revocable, non- exclusive, non-transferrable right to use Contractor products and services during the term of this Agreement. Contractor reserves all right, title and interest in Contractor products and services, the documentation and resulting product including all related intellectual property rights. No implied licenses are granted to City. City can only use products to share content that is created by or owned by City and/or content for affiliated organizations, provided that use by City for affiliated organizations is in support only, and not as a primary communication vehicle for such organizations that do not have their own license to the products. Contractor is not responsible for any content used, uploaded or migrated by City or any third party. City grants Contractor a limited, non-exclusive right during the Term to access and use the content to provide the products and services. Content does not include user feedback related to the products or services, which Contractor is free to use without any further permission or consideration to City. In addition, content does not include data generated by use of the products, including system data and data derived from content in an aggregated and anonymized form, which may be used by Contractor for any and all business purposes including diagnostics and system and product improvements. Contractor name, logo, and the product names are trademarks of Contractor, and no right or license is granted to use them. City assigns to Contractor any suggestion, enhancement, request, recommendation, correction or other feedback provided by City relating to the use of Contractor products and services. b. City shall not: (i) Misuse any Contractor resources or cause any disruption, including but not limited to, the display of adult content, advertisements, solicitations, or mass mailings to individuals who have not agreed to be contacted; (ii) Use any process, program, or tool for gaining unauthorized access to the systems, networks, or accounts of third parties; (iii) Use Contractor products and services in a manner in which system or network resources are unreasonably denied to third parties; (iv) Use the products and services as a door or signpost to another server; (v) Access or use any portion of Contractor products and services except as expressly allowed by this Agreement; (vi) Disassemble, decompile, or otherwise reverse engineer all or any portion of Contractor products and services; (vii) Use products and services for any unlawful purposes; (viii) Export or allow access to Contractor products and services in violation of U.S. laws or regulations; 57 Professional Services Agreement for Digital Services Page 3 of 15 (ix) subcontract, disclose, rent, or lease Contractor products and services, or any portion thereof, for third party use; or (x) Modify, adapt, or use Contractor products and services to develop any software application intended for resale which uses Contractor products and services in whole or in part. c. Each party retains its rights in its pre-existing intellectual property. d. Contractor grants City a non-exclusive, non-transferable, royalty-free, perpetual license to use the deliverables on behalf of and for the benefit of City independently and with Contractor products. “Deliverable(s)” means any computer software, written documentation, reports or materials developed by Contractor specifically for City pursuant to a SOW. Contractor retains all right, title and interest to the Deliverables except for those rights expressly granted to City and reserves all rights not otherwise expressly granted herein. 6. 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 takes all precautions that are standard in the industry to increase the likelihood of a successful performance of Contractor’s products and services; however, Contractor’s products and services are provided “AS IS” and as available. Except as provided above, each party hereby disclaims any and all other warranties of any nature whatsoever whether oral and written, express or implied, including, without limitation, the implied warranties of merchantability, title, and fitness for a particular purpose. Contractor does not warrant that contractor products and services will meet city’s requirements or that the operation thereof will be uninterrupted or error free. 7. 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’ 58 Professional Services Agreement for Digital Services Page 4 of 15 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 a copy for workers’ compensation coverage by an insurer authorized to provide workers’ compensation insurance in the State of Montana. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in 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 59 Professional Services Agreement for Digital Services Page 5 of 15 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. 8. Indemnity/Waiver of Claims/Insurance: 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 reasonable 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 from any claim or suit by a third party due to personal or bodily injury or death or damage to tangible property caused by the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. 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 reasonable 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. 60 Professional Services Agreement for Digital Services Page 6 of 15 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 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 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 City shall be included 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. 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. 61 Professional Services Agreement for Digital Services Page 7 of 15 The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 9. Termination for Fault: a. Either Party may terminate this Agreement for cause upon written notice if the other Party is in material breach of this Agreement and fails to cure such breach within 30 days after the notifying Party provides written notice of the breach. City may terminate this agreement immediately upon oral written notice should funding cease or be materially decreased, or should City fail to appropriate sufficient funds for this agreement in any fiscal year. b. In the event of a termination pursuant to this Section 9, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 9 shall be in addition to any other remedies to which the either party may be entitled under the law or at equity. d. In the event of termination under this Section 9, 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. e. City will have thirty (30) days from the expiration date of a subscription to extract or download any content or City data stored in the products. Contractor has no obligation to retain any content or City data after such thirty (30)-day period nor is Contractor responsible for extracting the content or City data on City’s behalf absent separate written agreement and the payment of additional fees. 10. 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 providing ninety (90) days advance written notice to Contractor (“Notice of Termination for City’s Convenience”). b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise 62 Professional Services Agreement for Digital Services Page 8 of 15 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. 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. d. City will have thirty (30) days from the expiration date of a subscription to extract or download any content or City data stored in the products. Contractor has no obligation to retain any content or City data after such thirty (30)-day period nor is Contractor responsible for extracting the data on City’s behalf absent separate written agreement and the payment of additional fees. 11. Limitation on 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. c. Notwithstanding any other provision of this agreement, in no event will contractor’s maximum aggregate liability for all claims arising in connection with this agreement (in contract or tort (including negligence), contract or otherwise) exceed five hundred thousand dollars ($500,000 usd). Contractor shall not be responsible for any lost profits or other damages, including indirect, incidental, special, consequential or any other damages, however caused. Neither party may institute an action in any form arising out of or in connection with this agreement more than two (2) years after the cause of action has arisen. 63 Professional Services Agreement for Digital Services Page 9 of 15 12. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Scott McMahan 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 Contracts via email: contracts@granicus.com, or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 13. Confidential Information. It is expected that one Party may disclose to the other Party certain information which may be considered confidential or trade secret information (“Confidential Information”). Confidential Information shall include: (i) non-public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of disclosure; (ii) non-public information of a Party if it is identified as confidential or proprietary before, during, or promptly after presentation and (iii) any information that should be reasonably understood to be confidential or proprietary to a Party, given the nature of the information and the context in which disclosed. Subject to freedom of information, government transparency, or similar applicable law, each 64 Professional Services Agreement for Digital Services Page 10 of 15 Party agrees to receive and hold any Confidential Information in strict confidence. Each Party also agrees: (i) to protect and safeguard the Confidential Information against unauthorized use, publication or disclosure; (ii) not to reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the other Party; (iii) not to use any Confidential Information for any purpose other than for performance under this Agreement; (iv) to restrict access to Confidential Information to those of its employees, agents, and contractors who have a need to know, who have been advised of the confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and (v) to exercise at least the same standard of care and security to protect the Confidential Information received by it as it protects its own confidential information. If a Party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the other Party as promptly as practicable so that such Party may seek a protective order or waiver for that instance. Confidential Information shall not include information which: (i) is or becomes public knowledge through no fault of either Party; (ii) was in a Party’s possession before receipt from the other Party; (iii) is rightfully received by a Party from a third party without any duty of confidentiality; (iv) is independently developed by a Party without use or reference to the other Party’s Confidential Information; or (v) is disclosed with the prior written consent of the Parties. Each Party shall return or destroy the Confidential Information upon written request by the other Party; provided, however, that each Party may retain one copy of the Confidential Information in order to comply with applicable law. City understands and agrees that it may not always be possible to completely remove or delete all Confidential Information from Contractor’s databases without some residual data. Disclosing Party may be irreparably damaged if the obligations under this Section are not enforced and as such may not have an adequate remedy in the event of a breach by Receiving Party of its obligations hereunder. The parties agree, therefore, that Disclosing Party is entitled to seek, in addition to other available remedies, an injunction restraining any actual, threatened or further breaches of the Receiving Party’s obligations under this Section or any other appropriate equitable order or decree. 14. 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 65 Professional Services Agreement for Digital Services Page 11 of 15 charges in connection therewith. 15. 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. 16. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 17. 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 66 Professional Services Agreement for Digital Services Page 12 of 15 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. 18. 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. 19. 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. 20. 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 67 Professional Services Agreement for Digital Services Page 13 of 15 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. 21. 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. 22. 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 seek reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 23. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 24. 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. 25. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 26. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular 68 Professional Services Agreement for Digital Services Page 14 of 15 paragraphs to which they refer. 27. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 28. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 29. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 30. 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. 31. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 32. 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. 33. 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. 34. Extensions: this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 69 Professional Services Agreement for Digital Services Page 15 of 15 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 70 THIS IS NOT AN INVOICE Order Form Prepared for Bozeman, MT Order #: Q-356839 Prepared: 05 Jun 2024 Page 1 of 11 Granicus Proposal for Bozeman, MT ORDER DETAILS Prepared By:Astrid Xu Phone: Email:astrid.xu@granicus.com Order #:Q-356839 Prepared On:05 Jun 2024 Expires On:30 Jun 2024 Currency:USD Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Period of Performance: 01 Jul 2024 - 30 Jun 2025 ORDER TERMS Current Subscription End Date: Initial Order Term End Date: 30 Jun 2024 30 Jun 2027 71 Order Form Bozeman, MT Order #: Q-356839 Prepared: 05 Jun 2024 Page 2 of 11 PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. Renewing Subscription Fees Solution Period of Performance Billing Frequency Quantity/ Unit Annual Fee Prorated Fee govAccess Developer Toolkit 07 Jul 2024 - 30 Jun 2025 Annual 1 Each $3,806.84 $3,739.92 govDelivery for Integrations 01 Jul 2024 - 30 Jun 2025 Annual 1 Each $0.00 $0.00 govAccess - Maintenance, Hosting, & Licensing Fee - Core 01 Jul 2024 - 30 Jun 2025 Annual 1 Each $12,525.15 $12,525.15 EHQ Essential CX Services Package 01 Dec 2024 - 30 Jun 2025 Annual 1 Each $1,871.91 $1,091.95 EHQ Unlimited 01 Dec 2024 - 30 Jun 2025 Annual 1 Each $18,719.13 $10,919.49 govAccess Independent Subsite Maint & Hosting 15 Dec 2024 - 30 Jun 2025 Annual 1 Each $4,660.19 $2,534.38 Recurring Captioning Services 01 Jul 2024 - 30 Jun 2025 Annual 100 Hours $15,450.00 $15,450.00 Recurring Captioning Services 01 Jul 2024 - 30 Jun 2025 Annual 200 Hours $30,672.00 $30,672.00 Open Platform Suite 01 Jul 2024 - 30 Jun 2025 Annual 1 Each $0.00 $0.00 Meeting Efficiency Suite 01 Jul 2024 - 30 Jun 2025 Annual 1 Each $0.00 $0.00 Peak Agenda Management 01 Jul 2024 - 30 Jun 2025 Annual 1 Each $10,214.86 $10,214.86 iLegislate 01 Jul 2024 - 30 Jun 2025 Annual 1 Each $0.00 $0.00 GovMeetings Live Cast 01 Jul 2024 - 30 Jun 2025 Annual 1 Each $7,343.19 $7,343.19 Granicus Live Cast Encoding Software 01 Jul 2024 - 30 Jun 2025 Annual 1 Each $2,471.70 $2,471.70 SUBTOTAL:$107,734.97 $96,962.64 72 Order Form Bozeman, MT Order #: Q-356839 Prepared: 05 Jun 2024 Page 3 of 11 FUTURE YEAR PRICING Period of PerformanceSolution(s)01 Jul 2025 - 30 Jun 2026 01 Jul 2026 - 30 Jun 2027 govAccess Developer Toolkit $4,073.32 $4,358.46 govDelivery for Integrations $0.00 $0.00 govAccess - Maintenance, Hosting, & Licensing Fee - Core $13,401.91 $14,340.04 EHQ Essential CX Services Package $2,002.95 $2,143.15 EHQ Unlimited $20,029.46 $21,431.53 govAccess Independent Subsite Maint & Hosting $4,986.41 $5,335.46 Recurring Captioning Services $16,531.50 $17,688.71 Recurring Captioning Services $32,819.04 $35,116.37 Open Platform Suite $0.00 $0.00 Meeting Efficiency Suite $0.00 $0.00 Peak Agenda Management $10,929.90 $11,694.99 iLegislate $0.00 $0.00 GovMeetings Live Cast $7,857.21 $8,407.22 Granicus Live Cast Encoding Software $2,644.72 $2,829.85 SUBTOTAL:$115,276.42 $123,345.78 73 Order Form Bozeman, MT Order #: Q-356839 Prepared: 05 Jun 2024 Page 4 of 11 PRODUCT DESCRIPTIONS Solution Description govAccess Developer Toolkit The govAccess Developer Toolkit puts control back in the hands of technical staff while providing content contributors the ease of use and speed to adapt. Agencies can quickly and easily create new digital experiences for constituents across any device which can grow with the organization. The Developer Toolkit solution provides agencies with microsite management while maintaining consistent branding within with a single web platform. The Developer Toolkit includes core functionality such as: ·Microsite Builder ·Design Studio ·Content SDK govDelivery for Integrations Send notification bulletins directly to constituents who subscribe to receive updates directly through Granicus (powered by govDelivery). Receive a monthly metrics report delivered via email to show subscriber growth and engagement activity for the past month of bulletin sends, and grow subscribers through access to the Granicus Advanced Network. Note: govDelivery integrations is dependent on an active subscription to the relevant govMeetings agenda or govAccess CMS solutions. govAccess - Maintenance, Hosting, & Licensing Fee - Core The govAccess Maintenance, Hosting, and Licensing plan is designed to equip the client with the technology, expertise and training to keep the client's website relevant and effective over time. Services include the following: ·Ongoing software updates ·Unlimited technical support (6:00 AM - 6:00 PM PT, Monday - Friday) ·Access to training webinars and on-demand video library ·Access to best practice webinars and resources ·Annual health check with research-based recommendations for website optimization ·DDoS mitigation ·Disaster recovery with 90-minute failover (RTO) and 15-minute data replication (RPO) 74 Order Form Bozeman, MT Order #: Q-356839 Prepared: 05 Jun 2024 Page 5 of 11 Solution Description EHQ Essential CX Services Package EHQ Essential CX Services Package; ·Annual subscription ·Up to 10 hours of strategic support and advice from our engagement specialists ·Utilize for assistance with campaign strategy, engagement methodology, tool selection or internal buy-in and adoption ·One 60 minute online EHQ refresher session per annum EHQ Unlimited Unlimited engagement package for teams; ·Annual subscription ·Unlimited engagement projects per year ·Three Site Administrators ·Unlimited Project Administrators ·Access to all standard tools including embeddable Surveys/polls, Forums, Guestbook, Stories, Q&A, Ideas, Places and Newsfeed ·Customizable registration form and Participant Relationship Manager (PRM) ·Appearance editor for homepage management, branding and styling ·Access to reporting and analysis tools including Survey Analysis, Text Analysis with sentiment, tool and project dashboards, customizable PDF survey reports and downloadable excel reports ·Newsletters for project updates and project communication ·24/7 independent moderation, in-app chat and email support, access to Helpdesk and Granicus Community. 75 Order Form Bozeman, MT Order #: Q-356839 Prepared: 05 Jun 2024 Page 6 of 11 Solution Description govAccess Independent Subsite Maint & Hosting govAccess Maintenance, Hosting and Licensing includes the following for the client's Independent Subsite: ·Monthly software updates ·Unlimited technical support (6:00 AM - 6:00 PM PT, Monday - Friday) ·Access to training webinars and on-demand video library ·Access to best practice webinars and resources ·Annual health check with research-based recommendations for website optimization ·DDoS mitigation -Disaster recovery with 90-minute failover (RTO) and 15-minute data replication (RPO) Recurring Captioning Services Live closed captioning. • All Meetings will incur one hour minimum. • Cancellations within 24 hrs. will be charged 1 hour minimum. • Caption reservations should be reserved two weeks in advance. Jobs with little notice may not be guaranteed coverage, 24 hours as an absolute minimum. • Real Time Captions are provided at an 98% accuracy readability rating • Recurring Caption hours not used in the period of performance will not carry over to the following year. Recurring Captioning Services Live closed captioning. • All Meetings will incur one hour minimum. • Cancellations within 24 hrs. will be charged 1 hour minimum. • Caption reservations should be reserved two weeks in advance. Jobs with little notice may not be guaranteed coverage, 24 hours as an absolute minimum. • Real Time Captions are provided at an 98% accuracy readability rating • Recurring Caption hours not used in the period of performance will not carry over to the following year. Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage. 76 Order Form Bozeman, MT Order #: Q-356839 Prepared: 05 Jun 2024 Page 7 of 11 Solution Description Meeting Efficiency Suite Meeting Efficiency is a hybrid Software-as-a-Service (SaaS) and Hardware- as-a-Service (HaaS) solution that enables government organizations to simplify the in-meeting management and post-meeting minutes creation processes of the clerk’s office. By leveraging this solution, the client will be able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During a meeting, use LiveManager to record roll calls, motions, votes, notes, and speakers, all indexed with video. Use the index points to quickly edit minutes, templates to format in Microsoft Word, and publish online with the click of a button. Meeting Efficiency includes: ·Unlimited user accounts ·Unlimited meeting bodies ·Unlimited storage of minutes documents ·Access to the LiveManager software application for recording information during meetings ·Access to the Word Add-in software component for minutes formatting in MS Word if desired ·Up to one (1) MS Word minutes template (additional templates can be purchased if needed) Peak Agenda Management Peak Agenda Management is a Software-as-a-Service (SaaS) solution that enables government organizations to simplify the agenda management and minutes recording process of the clerk’s office. Peak Agenda Management allows clerks to streamline the way they compile and produce agendas and record minutes for public meetings and includes: ·Unlimited user accounts ·Unlimited meeting bodies and meeting types ·Access to up to one (1) Peak Agenda Management site 77 Order Form Bozeman, MT Order #: Q-356839 Prepared: 05 Jun 2024 Page 8 of 11 Solution Description iLegislate iLegislate® enables government officials to review meeting agendas, supporting documents, and archived videos on any tablet or desktop that supports iOS, Android, Windows, or OS X. iLegislate seamlessly connects all agenda data to a tablet or desktop, automatically updating it with the latest information when online, and is available for review when offline. Elected members and staff can review agendas and PDF attachments, and bookmark items of interest, while offline (currently tablet only). Changes are automatically backed up to the Granicus cloud when an internet connection is established. iLegislate includes: ·Automated updates through desktop application ·Ability to download agendas ·Annotations ·Cloud stored data ·Ability to utilize on IOS, Android, Windows, and Mac OSX ·eComment integration (if jurisdiction also has eComment) ·Upload of upcoming agendas ·Convenient access to meeting agendas and supporting documents ·Review agendas and attachments offline and on-the-go ·Review indexed, archived meeting videos ·Public opinion placed at elected officials’ fingertips GovMeetings Live Cast govMeetings Live Cast provides the ability to manage public meetings from anywhere, on almost any device using cloud based software and a Granicus Live Cast encoder. It will stream public meetings in HD, allow users to live index items, record and publish minutes, and provide archive videos for on-demand viewing. Granicus Live Cast Encoding Software Granicus Live Cast Software will convert the video feed for video streaming on the web which will also record video and provides the MP4 file for archive playback. Only used with the Live Cast encoder hardware and Live Cast solution. GRANICUS ADVANCED NETWORK AND SUBSCRIBER INFORMATION ·Granicus Communications Suite Subscriber Information. o Data provided by the Client and contact information gathered through the Client's own web properties or activities will remain the property of the Client ('Direct Subscriber'), including any 78 Order Form Bozeman, MT Order #: Q-356839 Prepared: 05 Jun 2024 Page 9 of 11 and all personally identifiable information (PII). Granicus will not release the data without the express written permission of the Client, unless required by law. o Granicus shall: (i) not disclose the Client's data except to any third parties as necessary to operate the Granicus Products and Services (provided that the Client hereby grants to Granicus a perpetual, non-cancelable, worldwide, non-exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products by the Client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and any other legitimate business purpose, including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information). ·Data obtained through the Granicus Advanced Network. o Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client's digital communication (the 'Advanced Network'). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a 'Network Subscriber' to the agency it subscribed to through the Advanced Network. o Network Subscribers are available for use while the Client is under an active subscription with Granicus. Network Subscribers will not transfer to the Client upon termination of any Granicus Order, SOW, or Exhibit. The Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW, or Exhibit placed under this agreement. All information related to Network Subscribers must be destroyed by the Client within 15 calendar days of the Order, SOW, or Exhibit placed under this agreement terminating. o Opt-In. During the last 10 calendar days of the Client's subscription, the Client may send an opt- in email to Network Subscribers that shall include an explanation of the Client's relationship with Granicus terminating and that the Network Subscribers may visit the Client's website to subscribe to further updates from the Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to the Client upon termination. UPDATES TO SHARED SHORT CODES FOR SMS/TEXT MESSAGING (US CLIENTS ONLY): ·Granicus will be migrating all clients with SMS/Text Messaging Solutions using a shared short code option to a unique standard toll-free number within the United States (International numbers not supported). Short Codes are recommended for Text-to-Subscribe functionalities, if enabled where available, for an additional fee. ·Client must have explicit opt-in for all destinations sent to and adhere to all CTIA guidelines for the duration of its use. THIRD PARTY DISCLAIMER Closed Captioning and Meeting Services: Client and Granicus may agree that a third party will provide closed captioning, transcription services, or other meeting services under this Agreement. In such case, Client expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. Granicus is not liable for acts performed by such an independent third party. 79 Order Form Bozeman, MT Order #: Q-356839 Prepared: 05 Jun 2024 Page 10 of 11 TERMS & CONDITIONS ·This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. ·If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-356839 dated 05 Jun 2024 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. ·This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Bozeman, MT to provide applicable exemption certificate(s). ·Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. ·Client will be invoiced for use of any product or service measured or capped by volume or amount of usage that exceeds the permitted amount set forth in this Quote at the same cost or rate set forth herein. 80 Order Form Bozeman, MT Order #: Q-356839 Prepared: 05 Jun 2024 Page 11 of 11 BILLING INFORMATION Billing Contact:Purchase Order Required? [ ] - No [ ] - Yes Billing Address:PO Number: If PO required Billing Email:Billing Phone: If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-356839 dated 05 Jun 2024 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Bozeman, MT Signature: \s1\ Name: \n1\ Title: \t1\ Date: \d1\ 81 Cloud Services Questions 1) Service Levels: What level of service should we expect? What is the City’s recourse for excessive downtime? Refund of percentage of monthly fee? Service levels and definitions of downtime and refund details can be found in the Service Level Agreement. 2) Data Ownership: Who owns the data we provide and what can be done with the data? The City owns all data. 3) ADA Compliance: If your proposed services include websites, they must be AA compliant as defined by WCAG (Web Content Accessibility Guidelines) standards. Granicus ensures public facing products are WCAG 2 AA compliant. 4) Data Security: How secure is our data and how is it being kept secure? a. If this is a multi-tenant environment on the same hardware how is our data kept separate and secure from other customers, including any PII (Personally Identifiable Information) that may be gathered? Where applicable, each account is securely separated from each other, and all the resources are managed as a large pool. This architecture scales horizontality based on overall workload. b. If PII is gathered, is it encrypted in transit and at rest? All data is transmitted using encryption and all data at rest is as well. c. If credit card transactions are occurring is your system fully PCI compliant? N/A, no credit card transactions occur in any of Granicus’ systems. 5) Data Integrity: What do you do as a vendor to ensure our data maintains its integrity? Granicus adheres to the NIST 800-53r4 framework controls and utilizes Microsoft Azure and Amazon Web Services technology to ensure data maintains its integrity. 6) We require data centers to be located in the United States: What country will our data be located in? All data will be stored in United States data centers. 82 7) Responding to legal demands to disclose data: What is your process when someone subpoenas or requests our data from you as a vendor? Granicus has a Record Retention and Legal Hold policy as well as a Record Retention Schedule. For more information please refer to the MSA and/or request specific details from support@granicus.com. 8) Reporting: What is your protocol for data breaches? Granicus Incident Response Policy is based on NIST/FedRAMP frameworks. Data breach response information can be found in the Service Level Agreement. If additional details can be provided upon request. 9) Disaster Recovery: What protections/protocols do you have in place to mitigate disasters? Granicus has a Disaster Recovery Policy. We take nightly backups and have a well-tested recovery plan in place to minimize potential disruption from major events. Please refer to the Disaster Recovery section of the Service Level Agreement for more details. 10) Business Continuity/Exit: If you decide to bring your business to an end or we end our relationship what happens to our data? If you give us a copy of our data, what format options will there be for our data and what assistance will you provide getting our data to us? End of relationship details can be found in the MSA. 11) Termination rights and consequences: What is your termination policy both for you as a vendor and us as a customer? Termination rights and consequences details can be found in the MSA. Questionnaire Completed by:__Kristoffer von Bonsdorrf, Chrisopher Peck, Russ Perry_ Date:__6/20/2024_______________ 83 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Chuck Winn, Interim City Manager SUBJECT:Authorize the City Manager to Add a Subscription Agreement with Granicus, LLC for a Boards and Commissions Module Addition to the Agenda and Streaming Platform MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Add a Subscription Agreement with Granicus, LLC for a Boards and Commissions Module Addition to the Agenda and Streaming Platform STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:In 2019, when the City entered into an agreement for new agenda and streaming platform the proposal included implementation of a Boards and Commissions Module to assist with recruitment, appointment, and tracking for City board members. The new agenda and streaming platform was implemented in 2020 and went live with the first meeting on December 15, 2020; in January 2021, the City Commission prioritized efforts to consolidate city boards. It was decided to delay implementation of a Boards and Commissions module until completion of that effort. Consolidation of boards and the seating of new members occurred in 2021 with the first meetings of "the Big Five Boards" in December of that year. In 2023, staff began the efforts to consolidate multiple service agreements with Granicus, LLC to align with the City's fiscal year; that effort resulted in a short term amended agreement in the spring of 2024. Staff negotiated a consolidated agreement for services that was agreed upon and executed August 28, 2024 and is placed for ratification of the City Manager's signature on this same Consent Agenda. This agreement is contingent upon the ratification of the consolidated agreement receiving Commission approval. The Boards and Commissions module will assist staff and the public in the tracking of board member terms, vacancies, and appointments. It is planned to be fully implemented by end of year. UNRESOLVED ISSUES:None identified 84 ALTERNATIVES:As per Commission FISCAL EFFECTS:All implementation and subscription Attachments: Bozeman, MT - Boards and Commissions Proposal.pdf Report compiled on: August 29, 2024 85 THIS IS NOT AN INVOICE Order Form Prepared for Bozeman, MT Order #: Q-347415 Prepared: 28 Aug 2024 Page 1 of 7 Granicus Proposal for Bozeman, MT ORDER DETAILS Prepared By:Meg Marshall Phone: Email:meg.marshall@granicus.com Order #:Q-347415 Prepared On:28 Aug 2024 Expires On:27 Sep 2024 Currency:USD Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Period of Performance: The term of the Agreement will commence on the date this document is signed and will continue for 36 months. The Agreement will begin on date of signature and will continue through the end of the then current billing term, and will continue for an additional 24 months thereafter. ORDER TERMS Current Subscription End Date:30 Jun 2025 86 Order Form Bozeman, MT Order #: Q-347415 Prepared: 28 Aug 2024 Page 2 of 7 PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. One-Time Fees Solution Billing Frequency Quantity/Unit One-Time Fee Boards and Commissions - Setup & Configuration Up Front 1 Each $3,975.00 Boards and Commissions Online Group Training Upon Delivery 1 Hours $0.00 Open Platform - Setup and Configuration Up Front 1 Each $0.00 SUBTOTAL:$3,975.00 New Subscription Fees Solution Billing Frequency Quantity/Unit Annual Fee Boards and Commissions Annual 1 Each $7,123.20 Open Platform Suite Annual 1 Each $0.00 SUBTOTAL:$7,123.20 ·Please note, annual fees for new subscriptions will be prorated to align to Client's then-current billing term. Exceptions include Recurring Captioning Services, SMS, and Targeted Messages. 87 Order Form Bozeman, MT Order #: Q-347415 Prepared: 28 Aug 2024 Page 3 of 7 FUTURE YEAR PRICING Period of PerformanceSolution(s)Year 2 Year 3 Boards and Commissions $7,621.82 $8,155.35 Open Platform Suite $0.00 $0.00 SUBTOTAL:$7,621.82 $8,155.35 88 Order Form Bozeman, MT Order #: Q-347415 Prepared: 28 Aug 2024 Page 4 of 7 PRODUCT DESCRIPTIONS Solution Description Boards and Commissions Boards and Commissions is a Software-as-a-Service (SaaS) solution that enables government organizations to simplify the citizen application and appointment to boards process of the clerk’s office. Boards and Commissions includes: ·Unlimited user accounts ·Unlimited boards, commissions, committees, and subcommittees ·Unlimited storage of citizen applications ·Access to up to one (1) Boards and Commissions site ·Access to customizable, embeddable iFrame websites for displaying information to citizens ·Access to a customizable online citizen application form including board-specific questions ·Customizable forms for board details, appointment details, and internal tracking details ·Pre-designed document PDFs for applications, board details and rosters, and vacancy reports ·Downloadable spreadsheets for easy reporting Optional custom templates for document or report generation may also be purchased for an additional fee. Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage. Boards and Commissions - Setup & Configuration Setup and Configuration for Boards and Commissions includes: ·Configuration of up to one (1) Boards and Commissions site ·Up to one (1) data import of historical legacy data from a previous system into Boards and Commissions Boards and Commissions Online Group Training Boards and Commissions - Online Group Training is for Group training of Boards and Commissions, which allows clients to have up to six (6) users participate in online Group sessions with a Granicus trainer and other client users, to learn how to use the system. 89 Order Form Bozeman, MT Order #: Q-347415 Prepared: 28 Aug 2024 Page 5 of 7 Solution Description Open Platform - Setup and Configuration Setup and configuration for Open Platform 90 Order Form Bozeman, MT Order #: Q-347415 Prepared: 28 Aug 2024 Page 6 of 7 TERMS & CONDITIONS ·This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. ·If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-347415 dated 28 Aug 2024 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. ·This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Bozeman, MT to provide applicable exemption certificate(s). ·Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. 91 Order Form Bozeman, MT Order #: Q-347415 Prepared: 28 Aug 2024 Page 7 of 7 BILLING INFORMATION Billing Contact:Purchase Order Required? [ ] - No [ ] - Yes Billing Address:PO Number: If PO required Billing Email:Billing Phone: If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-347415 dated 28 Aug 2024 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Bozeman, MT Signature: \s1\ Name: \n1\ Title: \t1\ Date: \d1\ 92 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director Downtown Bozeman Partnership SUBJECT:Authorize the City Manager to Sign Professional Services Agreement with Greenspace Landscaping, Inc. for Continued Downtown Tree Replacements MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an Addendum to the Professional Services Agreement with between Downtown Urban Renewal District and Greenspace Landscaping, Inc. for stump removal and tree replacement for seven tree locations in Downtown Bozeman. STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. BACKGROUND: The Downtown Bozeman Partnership is seeking professional services to remove and replace three seven additional stumps in the downtown core district. Resources and staffing issues extended completion in a timely manner and have required for added support to the City Forestry Department from the Downtown Bozeman Partnership in order to complete the needed work within a reasonable timeline. Nearly all impacted trees will be replaced by the end of summer 2024. The project is in accordance with the 2019 Downtown Bozeman Improvement Plan. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:This replacement of seven downtown trees varying in size, is estimated to be $10,500. Attachments: Est_3359_from_Greenspace_Landscaping_Inc._7484-8- 24.pdf PSA_Tree Project_Greenspace2024-8-24.pdf 93 Report compiled on: August 20, 2024 94 Estimate DATE 8/13/2024 NAME / ADDRESS Downtown Tax Increment Finance Board 222 E. Main St. #302 Bozeman, MT 59715 Greenspace Landscaping, Inc. Bozeman, MT 59715 (406) 586-3750 DESCRIPTION QTY TOTALCOST Tree Stump Removal/Tree Installation 2024 for 7 trees DT Landscape Labor Includes: Removal of existing tree guards and grates. Stump Grind existing stumps as needed. Removal of all of the stumps and roots and haul offsite. Installation of Compost/topsoil mix. Access each hole for existing irrigation lines being present. Installation of new trees as per City Req. Staking of tree if possible. Daily Cleanup. Management. 7 10,500.001,500.00 $10,500.00 95 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 1 of 14 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 10th day of September, 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, Greenspace Landscaping, 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 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 _1st Day of November_, 2024, 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 $10,500.00. 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. 96 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 2 of 14 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 97 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 3 of 14 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 98 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 4 of 14 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. 99 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 5 of 14 The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of 100 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 6 of 14 Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 101 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 7 of 14 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Ellie Staley, Executive Director of the Downtown Bozeman Partnership 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 Bill Halpin 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. 102 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 8 of 14 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. 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. 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 103 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 9 of 14 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. 104 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 10 of 14 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 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 105 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 11 of 14 agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Greenspace Landscaping) By________________________________ By__________________________________ Chuck Winn, Interim City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 106 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 12 of 14 EXHIBIT A PROJECT OVERVIEW: The Downtown Bozeman Partnership is seeking professional services to remove and replace SEVEN tree stumps in the downtown core district. Since 2019, over 24 dead trees along Main Street were cut with intention to remove and replace stumps within a few years. Since 2020, The City Forestry Department and the Downtown Bozeman Partnership have been working together due to staffing and lack of resources, to get these trees replaced and downtown tree maintenance back to a reasonable timeline looking into the future. The Downtown Bozeman Partnership has agreed to oversee the removal and replacement of SEVEN additional dead trees and stumps, recognizing a few may require additional work due to their size, while the City Forestry Department can provide additional direction if needed. The project is in accordance with the 2019 Downtown Bozeman Improvement Plan. DATES: • All quotes must be received by Friday, August 16, 2024 • The final deliverables will be due November 1, 2024. SCOPE OF SERVICES: 1. Contractor agrees to stump removal, planting and installing three trees, at the following downtown/main street locations: TBA o 1x stump @ MacKenzie River o 1x stump @ Berg Law Firm o 1x Tree @ Wells Fargo o 2X Trees @ The Lark (public right-of-way trees ONLY) o 1X Tree @The Western o 1X Tree @ Soroptimist Park, main street facing, tree that has not survived since being planted in 2023 2. Contractor shall select tree species and cultivars from only the following: o Alder (Alnus spp.) – single-trunk, tree form only o Amur cherry (Prunus maackii) o Elms (Ulmus spp.) – ‘Brandon’ and ‘Accolade’ cultivars prohibited o Hackberry (Celtis occidentalis) o Hawthorn (Crataegus spp.) – thornless cultivars only o Japanese tree lilac (Syringa reticulata) o Kentucky coffeetree (Gymnocladus dioicus) – male cultivars only o Kentucky yellowwood (Cladrastis kentuckea) o Lindens (Tilia spp.) – ‘Harvest Gold’ cultivar only o Red Maple (Acer rubrum) – ‘Northwood’ cultivar only o Norway Maple (Acer platanoides) 107 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 13 of 14 3. Trees planted not to exceed more than three (3) individuals from any one species or cultivar. 4. Only balled-and-burlapped trees or container-grown trees will be accepted; not to exceed 2.0” caliper. 5. Trees planted to include 3-4” layer of wood chip mulch. 6. Trees planted within tree pits shall include installation of ADA-compliant, cast-iron grates and trunk guards. Additional grates and guards will be supplied by the Forestry Division. 7. All tree pits shall be excavated to a minimum depth of 24 inches and backfilled with 50% native backfill soil and 50% compost/topsoil mix. 8. Contractor shall be responsible for removal of any remaining stumps, to a minimum depth of twenty-four (24) inches. 9. Contractor shall adhere to ANSI Z133 for Arboricultural Operations – Safety Operations. 10. Contractor is required to implement a traffic control plan during construction. 11. Contractor shall remove and replace the existing electrical outlets, conduit and wiring as required. 12. Contractor should document any presence of irrigation. 13. Contractor shall adhere to MUTCD standards for work within public rights of way. 14. Contractor shall clean the work site and remove any debris after completing work, including the removal of branches, twigs and chips (Sec.16.05.360). 15. The proposed work areas of this contract are within the East Main Street right-of-way, which is a state highway, owned and maintained by the department of transportation. The contractor shall be responsible for contacting the Montana Department of Transportation prior to beginning work and obtaining any permits and authorizations required by this department to complete the proposed work. SITE PREP NEEDED: • Excavate existing soil to a depth of 2’; decompact and backfill with mix of existing soil + amended topsoil • All tree pits shall be excavated to a minimum depth of 24 inches and backfilled with 50% native backfill soil and 50% compost/topsoil mix. • Contractor shall be responsible for removing existing tree and removal of any remaining stumps, to a minimum depth of twenty-four (24) inches. MISC: • Spacing/locations may be impacted by underground utility locates • Additional coordination may be required with City of Bozeman Engineering, City Community Development, NorthWestern Energy and possibly adjacent property owners. o Alex Norquest, City Forester – 406-582-3225, anordquest@bozeman.net o Kellen Gamradt, City Engineer – 406-582-2283, kgamradt@bozeman.net o Building Department Inspections – 406-582-2375 • Conflicting utility concerns may be reduced by planting smaller-growing tree species 108 Professional Services Agreement for Downtown Bozeman Tree Replacement Project 2024 Page 14 of 14 DATES: All work must be completed between September 11, 2024 and November 1, 2024. Once work begins, completion must be within 45 days. TOTAL ESTIMATED PROJECT COST - $10,500, additional labor cost based on coordination time for electrical needs. 109 Memorandum REPORT TO:City Commission FROM:Griffin Nielsen, Project Engineer Shawn Kohtz, Director of Utilities SUBJECT:Authorize the City Manager to sign a Professional Services Agreement with the firm of TD&H Engineering to provide geotechnical engineering services for the Phase I Rehabilitation Improvements to the City's Sourdough Water Storage Tank MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Professional Services Agreement with the firm of TD&H Engineering to provide geotechnical engineering services for the Phase I Rehabilitation Improvements to the City’s Sourdough Water Storage Tank. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City is in the process of designing the Phase I improvements to the Sourdough Water Storage Tank, Capital Improvement Plan as Project No. W84, located at the intersection of Sourdough Road and Goldenstein Lane. Through this process, the City’s consulting engineer, Advanced Engineering and Environmental Services (AE2S), completed a structural evaluation of the tank to verify the tank can be fully drained without compromising the structure since it has not been fully empty since its original construction in the 1950’s, as well as the preliminary design of the tank's drain line which will require deep excavation to complete the replacement. AE2S recommended that additional geotechnical data be gathered to verify the assumption of the structural evaluation and to inform the final design of the tank's drain line. As the City's current scope of service with AE2S does not include geotechnical services and the firm doesn’t provide these the City contacted TD&H Engineering, a firm known to the City to be qualified to perform the services, to request a proposal. TD&H Engineering provided the attached proposal. The proposal covers the necessary geotechnical investigation at a cost allowing for direct negation, in accordance with the City's purchasing policy. UNRESOLVED ISSUES:None 110 ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:The current project cost total is $118,900. The PSA adds a cost of $37,500 bringing the total to $156,400. This project has been identified in the City Capital Improvement Plan as project No. W84, and has a total of $800,000 in funds budgeted. Attachments: PSA_Sourdough Tank Ph 1 Rehab Geotech_TD&H.pdf Report compiled on: August 22, 2024 111 Professional Services Agreement – Engineering Page 1 of 11 PROFESSIONAL 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 with a mailing address of , hereinafter referred to as “Consultant.” The City and Consultant may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Consultant to perform for City services described in the Scope of Services attached hereto as “Exhibit A” and by this reference made a part hereof for the Project: Sourdough Tank Phase I Rehabilitation - Geotechnical Investigation. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate upon satisfactory completion of the agreed Scope of Services, which may be amended from time to time by the mutual agreement of the Parties pursuant to terms of this agreement, as determined by the City. 3. Scope of Services: Consultant will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Consultant may, at its own risk, use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, Sub- consultants, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: City agrees to pay Consultant for the completion of the Scope of Services a lump sum amount of $ , as identified in the “Exhibit A”. The lump sum amount shall cover all costs of sub-consultants hired by the Consultant, as defined in section 7 of this Agreement, for completion of the Scope of Services. 5. Additional Services: If the City requests Consultant to perform any Additional Services not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and 112 Professional Services Agreement – Engineering Page 2 of 11 the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to complete the Additional Services requested. The City and Consultant shall mutually agree upon a basis of payment for the Additional Services requested prior to the Consultant proceeding with such Additional Services. 6. Times of Payments: The Consultant may submit monthly statements for the Scope of Services and approved Additional Services rendered and for Reimbursable Expenses incurred. The statements shall be based upon Consultant’s estimate of the proportion of the total Scope of Services actually completed for each task at the time of billing. 7. Meaning of Terms: a. Additional Services: Additional Services means services resulting from significant changes in the general scope, extent or character of the Project or major changes in documentation previously accepted by the City where changes are due to causes beyond the Consultant’s control. Additional Services can also mean providing other services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services. b. Agreement: As used herein the term “this Agreement” refers to the contents of this document and its Attachments and Exhibits attached hereto and referred to as if they were part of one and the same document. c. Sub-consultants: Sub-consultants means any independent professional associates working on the Project that are not directly employed by the Consultant and have rather been hired by the Consultant to serve a particular role or offer a particular service for the Project. 8. Consultant’s Representations: To induce City to enter into this Agreement, Consultant makes the following representations: a. Consultant has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Consultant represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with 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 113 Professional Services Agreement – Engineering Page 3 of 11 exercise control as to general procedures or formats necessary to have these services meet this warranty. 9. Independent Contractor Status/Labor Relations: The parties agree that Consultant is an independent Contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Consultant is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Consultant is not authorized to represent the City or otherwise bind the City in any dealings between Consultant and any third parties. Consultant shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Consultant shall maintain workers’ compensation coverage for all members and employees of Consultant’s business, except for those members who are exempted by law. 10. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Consultant agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of the Consultant’s agents. For the professional services rendered, to the fullest extent permitted by law, Consultant agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Consultant or Consultant’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee which would otherwise exist as to such indemnitee(s). Consultant’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. 114 Professional Services Agreement – Engineering Page 4 of 11 Should the City be required to bring an action against the Consultant to assert its right to defense or indemnification under this Agreement or under the Consultant’s applicable insurance policies required below the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Consultant was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Consultant also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Consultant shall at Consultant’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Consultant in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Consultant in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Consultant shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements 115 Professional Services Agreement – Engineering Page 5 of 11 prior to the Consultant commencing work. Consultant shall notify City within two (2) business days of Consultant’s receipt of notice that any required insurance coverage will be terminated or Consultant’s decision to terminate any required insurance coverage for any reason. 11. Termination for Consultant’s Fault: a. If Consultant refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Consultant’s right to proceed with all or any part of the work (“Termination Notice Due to Consultant’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 12, Consultant shall be entitled to payment only for those services Consultant actually rendered. c. Any termination provided for by this Section 12 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 12, Consultant shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 12. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Consultant (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Consultant. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Consultant shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Consultant shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 13, Consultant is entitled to payment only for those services Consultant actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 116 Professional Services Agreement – Engineering Page 6 of 11 d. The compensation described in Section 13(c) is the sole compensation due to Consultant for its performance of this Agreement. Consultant shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 13. Limitation on Consultant’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Consultant under this Agreement, Consultant’s damages shall be limited to contract damages and Consultant hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Consultant wants to assert a claim for damages of any kind or nature, Consultant shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the Consultant becoming aware of the facts and circumstances giving rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all rights to assert such claim. 14. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Griffin Nielsen, PE 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, Consultant may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Consultant’s Representative: The Consultant’s Representative for the purpose of this Agreement shall be Craig Nadeau, PE or such other individual as Consultant shall designate in writing. Whenever direction to or communication with Consultant is required by this Agreement, such direction or communication shall be directed to Consultant’s Representative; provided, however, that in exigent circumstances when Consultant’s Representative is not available, City may direct its direction or communication to other designated Consultant personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to 117 Professional Services Agreement – Engineering Page 7 of 11 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. 15. Permits: Consultant shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 16. Laws and Regulations: Consultant shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non- discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 17. Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall be on the basis of merit and qualifications. The Consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Consultant will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Consultant shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Consultant represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Consultant must report to the City any violations of the Montana Equal Pay Act that Consultant has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Consultant shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 118 Professional Services Agreement – Engineering Page 8 of 11 18. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Consultant acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Consultant shall be obligated to furnish such proof. The Consultant shall be responsible for instructing and training the Consultant's employees and agents in proper and specified work methods and procedures. The Consultant shall provide continuous inspection and supervision of the work performed. The Consultant is responsible for instructing its employees and agents in safe work practices. 19. Modification and Assignability: This Agreement may not be enlarged, modified, amended or altered except by written agreement signed by both parties hereto. The Consultant may not subcontract or assign Consultant’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee will be bound by all of the terms and conditions of this Agreement. 20. Reports/Accountability/Public Information: Consultant agrees to develop and/or provide documentation as requested by the City demonstrating Consultant’s compliance with the requirements of this Agreement. Consultant shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Consultant pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Consultant shall not issue any statements, releases or information for public dissemination without prior approval of the City. 21. 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. 22. 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. 23. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 119 Professional Services Agreement – Engineering Page 9 of 11 24. 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. 25. Survival: Consultant’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 26. 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. 27. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 28. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 29. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 30. 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. 31. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 32. 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. 33. Standard of Care: In providing services under this Agreement, Consultant will perform in a manner consistent with the degree of care and skill ordinarily exercised by members of the 120 Professional Services Agreement – Engineering Page 10 of 11 same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Consultant shall, at the City’s request, re- perform the service at its own expense. Consultant shall also, at its own expense, make such changes, modifications or additions to the project which are made necessary as a result of the initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law 34. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all monies due Consultant under this Agreement, Consultant’s work products produced under this Agreement shall become the sole property of the City. The City’s use, reuse, alteration, or modification of the work products will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants. 35. 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 **** 121 Professional Services Agreement – Engineering Page 11 of 11 In witness whereof, the Parties hereto do make and execute this Agreement. CITY OF BOZEMAN, MONTANA CONSULTANT BY: BY: Chuck Winn, City Manager (insert title of signatory) DATE: DATE: ATTEST: BY: Mike Maas, City Clerk APPROVED AS TO FORM: BY: Greg Sullivan, City Attorney 122 EXHIBIT A - SCOPE AND FEE DESCRIPTION Sourdough Water Tank Evaluation August 13, 2024 (REVISED) Page 1 of 2 SCOPE OF SERVICES We understand that repairs to the existing buried water tank on Sourdough Road south of Goldenstein Lane in Bozeman, Montana are planned soon. However, structural concerns for the tank’s stability have been identified if the tank were to be emptied and ground water conditions are located above the tank bottom. The current tank is estimated to extend approximately 30 feet below grade around most of its perimeter. Additionally, options for new drain line alignments are to be investigated and the drain line is reported to be planned at a depth of approximately 25 feet. The purpose of the geotechnical investigation proposed is to assess subsurface conditions around the tank, identify ground water elevation, and install wells for future use in monitoring and/or design of permanent dewatering systems on the property. Well logs in the vicinity of the project site report, clay soils extending to depths of approximately 20 feet before encountering gravel formations. 1. GEOTECHNICAL SCOPE OF SERVICES A. Field Investigation We propose using drilled borings to investigate the subsurface conditions due to the required depth necessary and to facilitate the installation of monitoring wells. We anticipate drilling two 40-ft deep borings and one 30-ft deep boring around the existing tank and installing monitoring wells in each. The intent with monitoring wells will be to ensure a bottom elevation at least ten feet below ground water level for use in any future dewatering system design and is the minimum number of wells advised should this design be necessary. Wells will be standard 2-inch PVC monitoring wells, the largest possible with this type of drilling equipment, with a protective monument installed at the ground surface. One additional boring extending to a maximum depth of 20 feet is planned at the site access road off Sourdough per your request. During drilling, the subsurface profile will be observed and logged by an experienced geotechnical engineer. Samples will be collected as augering proceeds. We have assumed that spoils from borings can remain on the site and be spread out around each drilling location. Prior to our field investigation we will stake the proposed boring locations and call in the required One Call Utility locates. We will rely on the city to mark all private lines and existing drain lines associated with the current tank near each proposed boring location. Our field scope of work does not include determining the presence or absence of subsurface soil and ground water contamination. However, if contamination is suspected during our fieldwork, we will notify you at once. B. Laboratory Program Samples will be analyzed in our construction materials testing laboratory to determine the appropriate physical and engineering properties. The proposed laboratory program includes: 123 EXHIBIT A - SCOPE AND FEE DESCRIPTION Sourdough Water Tank Evaluation August 13, 2024 (REVISED) Page 2 of 2 • Visual identification and moisture content • Sieve analysis (gradation) • Atterberg Limits • Unconfined Compression of Fine-Grained Soils • Standard Proctor These tests are based on our assumptions for site geology and may be modified based on actual field conditions. Samples from the geotechnical investigation will be stored for a period of one month following submission of the completed geotechnical report at which time they will be discarded unless prior arrangements have been made for sample storage. C. Analysis and Report Field data and laboratory test results will be analyzed to determine soil properties and prepare our engineering analysis and recommendations for consideration of the structural engineer. At this time we anticipate providing recommendations pertaining to lateral soil pressures to be considered by the structural engineer based on the backfill conditions observed in the borings. We will also discuss ground water conditions at the time of our investigation and the need for dewatering during construction. However at this time, monitoring of the wells and design of a dewatering system is not included in the scope of work for the project. Dewatering system design would require a larger pumping well be installed by a water well driller who would also assist with completing a pump test to measure critical aquifer parameters for use in that design. The proposed monitoring wells would be used as part of this test to measure drawdown radially around the tank during pumping, and are an critical component of the pump system design, if determined to be required. We can provide a proposal for these additional services if ground water conditions indicate the need for site wide dewatering. Ground water monitoring can be performed by others or by TD&H for an additional fee. Each trip to collect ground water data is estimated to cost approximately $300 and we would advise weekly data collection cycles during the spring of 2025 during which ground water elevations typically peak. The results of our field and laboratory studies and engineering analyses, along with our limited recommendations, will be summarized in a geotechnical engineering report. The report will include copies of all boring logs, laboratory test reports, and a site plan showing the approximate location of the borings. FEE Schedule of Lump Sum Fee Task # Description Fee 1 Geotechnical Investigation & Report $37,500 TOTAL $37,500 Our scope of work includes driller operator and equipment fees. 124 51505 14 251 3 8 5 1 3 651 0651045 1 0 0509 850965094509251185 0 8 65084508250725 0 6 6 51445140 5120 5108 5102 51125110 5 1 2 25114 5124 511651265090 5142513651345132513051285126512451225 1205118511651145112511051085106 5104 510251005098 50 9 65094 508050765074507250 70 5 0 6 8 5 0 6 6506 45078506251645160 5072506850925090507450725068506651485 1 3 45132 50885080 5078 507650705 06 4 514451465140513850925 0 60 51585 0 9 85070 512450885078 City GIS Water Main Data Approx. Record Drawing Pipe Alignment (SD Bypass Building Record Drawing) Information depicted may include data unverified by AE2S. Any reliance upon such data is at the user’s own risk. AE2S does not warrant this map or its features are either spatially or temporally accurate. Coordinate System: BOBCAT LDP | Edited by: zmagdol | E:\_Current Projects\Bozeman - Sourdough Tank\DataCollection.mxd Locator Map Not to Scale ¯www.ae2s.com | Advanced Engineering and Environmental Services, Inc.BOZEMAN SOURDOUGH TANK REHABBozeman, MT ADDITIONAL DATA COLLECTION NEEDS Date: 6/13/2024010050 Feet 1 inch = 100 feet 125 P.O. Box 30622 Billings, MT 59107 Phone: 406-606-1470 or 800-359-1502 Cell: 406-698-9058 Email: mthaztech@gmail.com Proposal TO:TD&H Engineering ATTN:Craig Nadeau DATE:7/16/2024 1800 River Drive North Great Falls, MT 59405 PROJECT Sourdough Water Tank Ph-406-761-3010 Bozeman, MT Description: TERMS:Net 30 Days UNITS UNIT AMOUNT EST.PRICE EST. **************************************************************** Mob/ Demob, Lump Sum 1 $2,000.00 $2,000.00 Support Truck, Per Day 5 $150.00 $750.00 Perdiem, Per Crew Day 5 $67.00 $335.00 Lodging, Per Night, Estimated 4 $500.00 $2,000.00 Auger Drilling, Per Ft 220 $30.00 $6,600.00 Well Installation, Per Ft 160 $39.50 $6,320.00 Flush Mount Vaults, Each 4 $125.00 $500.00 Moving, Set Up, Per Hr 1.5 $300.00 $450.00 Well Development, Each 0 $0.00 $0.00 ************ ESTIMATED TOTAL:$18,955.00 Notes: 1) Client is responsible to clear location of utilities. 2) Client is responsible for disposal of drill cuttings. 3) Client will be invoiced only the amounts used. 4) We assume that site is accessible by truck mount drill rig. Proposal By:Paul Bray 4-40' wells and 2-30' borings. 126 Memorandum REPORT TO:City Commission FROM:Takami Clark, Communications & Engagement Manager SUBJECT:Authorize the Interim City Manager to Sign a Professional Services Agreement with Raftelis for Integrated Water Resource Plan Engagement and Communications Services MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the Interim City Manager to Sign a Professional Services Agreement with Raftelis for Integrated Water Resource Plan Engagement and Communications Services STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the community in city government, innovating methods for inviting input from the community and stakeholders. BACKGROUND:In 2013, Bozeman City Commission adopted the Integrated Water Resources Plan (IWRP), a plan that identifies water supply and use policies and practices for future consideration. Since then, city departments have been working towards implementing many of the plan's recommendations, all while Bozeman has grown and changed. The IWRP is now due for an update, as many things have shifted and it is important to continue to have an accurate and clear plan for future City water supply. Bozeman continues to be a popular destination with a high demand for housing, and as the City builds housing and develops, one of the common things staff has heard is the desire to ensure there is enough water for everyone and that we don't run out. Water remains a priority for many residents, and many are aware that we have a high-quality but limited supply available in the Gallatin Valley. As we engage the community and talk about the plan moving forward, careful communication is needed to avoid any misunderstandings, educate on where we are at, and talk openly and honestly about growth, our water supply, and the pros and cons of longer- term strategies. City staff are looking to hire a consultant with extensive experience in educating and engaging on water supply issues to work alongside us and our technical consultant (proposals from technical consultants to update the IWRP are due in September) and get as much public involvement as we can on this important issue. UNRESOLVED ISSUES:None. 127 ALTERNATIVES:None. FISCAL EFFECTS:The anticipated cost for this work is $124,880 and will be paid from the Water Fund budget. This contract is within the budgeted amount for the work. Attachments: 0542MT23.01_Proposal_v3_DRAFT.pdf PSA IWRP.pdf Report compiled on: August 29, 2024 128 Integrated Water Resource Plan Development: Stakeholder Engagement and Strategic Communications REVISED PROPOSAL / July 29, 2024 129 383 N. Corona Street, Denver, CO 80218 www.raftelis.com July 29, 2024 Ms. Takami Clark and Mr. Shawn Kohtz City of Bozeman PO Box 1230 Bozeman, MT 59771 Subject: Revised Proposal for Stakeholder Engagement and Strategic Communications Supporting Integrated Water Resource Plan Development Dear Takami and Shawn: Thank you for the opportunity to re-scope the project with a community engagement approach that will support the development of an updated Integrated Water Resource Plan (IWRP) for the City of Bozeman (City). Keeping the same team intact, we provided a scope that will cost-effectively bring you the outreach and engagement you need to capture the voices and ideas of your stakeholders. Let us know if we missed anything or if you’d like to see additional or alternative elements. We are very excited about this opportunity and look forward to getting started. Let me know if I can answer any questions. Sincerely, Samantha Villegas, APR, Fellow PRSA Principal Consultant P: 571.577.7477 |E: svillegas@raftelis.com 130 RAFTELIS 1 SCOPE OF PROJECT Project Approach RESEARCH Task 1a: Project Kickoff Workshop As a first step in developing an effective strategy for the study, Raftelis will conduct an in-person, two-day kickoff workshop. This workshop is foundational to our success, as it will help us gain a comprehensive understanding of the assets, obstacles, challenges, and opportunities related to the study, providing a clear picture of the factors influencing the work. We will also identify key stakeholders and perform a mapping exercise to prioritize outreach efforts and confirm the scope, budget, and schedule. The kickoff workshop will be divided into two sessions over two days. Day One (Approximately 1 p.m. – 4 p.m.) We will begin with a team chartering exercise to get acquainted with each other, the project scope, and set expectations for our work together. This will be followed by an exploration into the study itself, ensuring a joint understanding of the current water situation, study drivers, technical study process, and the partners involved. We will follow this with a windshield tour of the watershed and service areas. (Approximately four to five hours with break for lunch) Day Two (Approximately 9 a.m. – 3 p.m.) This second day will focus solely on communications and engagement, as we conduct a situation analysis to understand what has been done to date, what assets and speedbumps exist, identifying the city’s goals and aspirations for communications related to the study, and conducting a stakeholder mapping exercise. Task 1b: Influencer Interviews To inform our communications approach and messages, it is essential to understand the community’s attitudes and opinions about water issues and their future vision for the Gallatin Valley. We will conduct interviews with 8 community leaders or “influencers” who have keen insights into public sentiment. The list of interviewees will be developed collaboratively during the kickoff workshop. These interviews, conducted by phone/virtually and lasting about 45 minutes each, will cover questions such as: • What is most top-of-mind for residents, businesses, and agriculture impacted by water availability, resiliency, and other related issues? • What are the prevailing opinions of local water and wastewater service providers, and what drives these impressions? • What is your vision for the future of water management in the region? • How do you believe the community can best achieve this vision? MEETINGS: • One in-person Kickoff Workshop with the project team (one full day and the following morning) • Influencer interviews by phone (8 total) 131 RAFTELIS 2 DELIVERABLES: • Agenda, PowerPoint slide deck, and summary of Kickoff Workshop • Draft and final interview questions • Sample email script for inviting influencers to the interview • Memo summarizing key findings from interviews PLAN DEVELOPMENT Task 2: Strategic Communications and Stakeholder Engagement Plan Development After the kickoff meeting and interviews, Raftelis will develop a strategic communications and stakeholder engagement plan with these components: • Situation Analysis: Summarizes findings from the kickoff and interviews. • Stakeholder Identification: Identifies key stakeholders and special population needs. • Stakeholder Engagement Plan: Details engagement activities, including public consultations, workshops, digital polling, and open houses to ensure broad and inclusive participation. • Communication Channel Identification: Describes how information will be distributed through websites, social media, print and electronic materials, bills, direct mail, newsletters, advertising, and other channels. • Messaging Platform: Ensures consistent communication and forms the foundation for all materials (see more below). • Internal Communication Strategies: Provides guidance to unify and empower employees with key messages and FAQs. • Community Engagement Techniques: Identifies methods for engaging in two-way dialogue with key stakeholders. • Traditional and Social Media Strategies: Outlines local and social media approaches to educate and build understanding. • Materials: Details the recommended materials, such as explainer videos, infographics, fact sheets, newsletters, webpages, and social media content. • Success Measures: Identifies the outputs and outcomes to measure communication and engagement success. Effective Key Messaging Having a key message platform ensures all involved parties are consistent in their communications about the study to build awareness and trust in the process. We will develop a comprehensive message platform using simple, informative, and clear messages that are tailored to internal and external stakeholder audiences based on their relevancy. Guidelines for message development include: • The City and its partners will determine the most effective communication method(s) to reach their specific audiences based on their respective needs and feedback provided and tailor communication delivery appropriately. • Messages will be consistent across every communication channel (website, newsletters, presentations, meetings, etc.) • When communicating changes or decisions, messages will clearly explain the “why.” • Accessible and inclusive communications – to account for the diverse nature of stakeholders who we will be reaching, all messages will be accessible to all audiences and follow the seven C’s of communication: 132 RAFTELIS 3 o Clarity – Verbiage will be simple, without industry jargon and acronyms o Concise – Least possible words o Correct – Accurate facts and figures, spelling, grammar, and language o Complete – Convey all the facts required by the recipient o Consideration – Consider the different audiences and tailor messages to their requirements o Concrete – Use specific language; do not be vague o Courtesy – Think about the recipient, their viewpoint, and be respectful • Consumers are a top priority and are central to the strategic direction of the study, therefore, the connection to the customer experience will be top of mind in message development. MEETINGS: • One virtual meeting to review the draft plan and receive feedback DELIVERABLES: • Draft and Final Strategic Communications and Stakeholder Engagement Plan COMMUNITY ENGAGEMENT Task 3a: Advisory Panel Management and Facilitation (9 meetings) Raftelis recommends the creation of a standing Community Advisory Committee (CAC) with monthly meetings over a year to help the City develop an IWRP with guidance and input from a consistent and representative group of informed stakeholders. Certified by the International Association of Public Participation (IAP2), we will ensure adherence to best practices for public involvement. Each meticulously planned session will focus on collaborative discussions, fostering an open and transparent environment that encourages active participation. This approach will integrate committee members’ perspectives into the decision-making process, building trust and driving project success. The budget assumes the City will handle recruitment of CAC members, identification and securing of meeting space, printing of handouts and materials for members, and any refreshments for each meeting. Raftelis will charter the committee, provide meeting agendas, create slide decks with input from the City, create handouts, provide meeting summaries, and facilitate each meeting. Task 3b: Community Open Houses (8 total) Raftelis will support the City in hosting a series of 8 open houses designed to engage the community and gather valuable input for the Integrated Water Resource Plan (IWRP). Each open house will be strategically located across the City (and perhaps even outside Bozeman city limits) to ensure broad accessibility and participation. Setup and Experience: Raftelis’ main staff role here will be to help plan the Open Houses (virtually) and to be on site to support the staff in hosting them. • Venue Selection: To be completed by City staff and selected for their accessibility and convenience to ensure maximum attendance. 133 RAFTELIS 4 • Interactive Stations: Each open house will feature several interactive stations, including informational displays, maps, and multimedia presentations that explain the IWRP process, challenges, and proposed solutions. • Feedback Mechanisms: Participants will have multiple ways to provide input, including comment cards, digital surveys, and interactive polls. Participant Experience: • Educational: Attendees will learn about the current state of water resources, the impacts of issues affecting the study, and the importance of sustainable water management. • Engagement: The open houses will offer opportunities for direct interaction with project team members, allowing participants to voice their concerns and suggestions. • Involvement: By providing feedback, participants will play a crucial role in shaping the IWRP. Their input will be carefully reviewed and integrated into the planning process to ensure the final plan reflects the community’s needs and preferences. The open houses aim to build a transparent and inclusive dialogue with the community, fostering a sense of ownership and support for the IWRP. This participatory approach ensures that the plan is technically sound, socially acceptable, and sustainable. The budget assumes the City will identify and secure spaces, handle promotion of the events, assure adequate staffing, provide content for station boards, and provide printing of poster boards and any handouts. Raftelis will provide guidance on content and talking points for each station, flow of the room, design the boards and handouts, provide comment cards (and collect and summarize them), and provide a sign-in sheet. Task 3c: Digital Survey As part of our stakeholder engagement strategy, Raftelis will deploy at least one digital survey to gather comprehensive input from the public. This survey will be accessible online, allowing residents to provide their feedback conveniently. It will include questions designed to capture opinions on water resource management, regionalization, and community priorities. The budget assumes the City will promote the survey through various communication channels, including social media, email newsletters, and the City’s website. The collected data will be analyzed and used to inform the Integrated Water Resource Plan, ensuring it reflects the community’s needs and preferences. Raftelis will develop materials (Task 4) to support promotion. MEETINGS: • 9 committee meetings • 8 open houses DELIVERABLES: • Draft and final versions of PowerPoint presentations for each CAC meeting (9 total) • 9 Meeting summaries • 15 Poster board and 2 handout designs for open houses • Draft and final digital survey 134 RAFTELIS 5 MATERIALS DEVELOPMENT Task 4: Communications Materials (to Build Community Awareness and Support the Community Advisory Committee) The strategic communications plan will outline the materials needed to support effective communications throughout the study. We budgeted for Raftelis to create the following items (though we can adjust this based on need): DELIVERABLES: • 1 Project fact sheet design • 1 Direct mail piece design to alert community to the project and survey • 10 Social media posts • 1 One-minute video • 4 Infographics PROJECT MANAGEMENT Task 5: Project Management Effective project management is critical to the success of the Integrated Water Resource Plan (IWRP). Raftelis’ proposed project manager, who holds a Project Management Professional (PMP) certification from the Project Management Institute (PMI), will oversee the project, focusing on meticulous planning, execution, and monitoring. Key responsibilities include: • Planning and Scheduling: Developing a detailed project plan outlining timelines, milestones, and deliverables. • Resource Management: Allocating and managing resources efficiently to ensure project objectives are met. • Communication: Maintaining clear and consistent communication with the City of Bozeman and stakeholders to keep everyone informed of progress and any issues. • Risk Management: Identifying potential risks and developing mitigation strategies to address them proactively. • Quality Assurance: Ensuring all project outputs meet the highest standards of quality and align with the project goals. MEETINGS • Biweekly Status Updates: We will conduct bi-weekly 30-minute virtual meetings with the project team and stakeholders to review progress and address any challenges. DELIVERABLES: • Detailed Reporting: We will provide 12 monthly progress reports, including updates on milestones, budget status, and any adjustments to the project plan. These will be furnished with invoices unless requested otherwise. 135 RAFTELIS 6 PRICE PROPOSAL Price Proposal The following table provides a breakdown of our proposed fee for this project by task. We anticipate refining our scope and fee with you as we determine the exact scope and number of deliverables that are required for this project. Tasks Total 1a: Kickoff Workshop $15,855 1b: Influencer Interviews $5,602 2: Strategic Communications and Engagement Plan $9,755 3a: Advisory Panel Management and Facilitation (9 meetings) $30,100 3b: Community Open Houses (8) $24,172 3c: Digital Survey $3,042 4: Communications Materials $16,672 5: Project Management $7,080 Subtotal $112,280 Travel Expenses $12,600 TOTAL $124,880 Team Rates Team Member Hourly Rate Project Director, Sam Villegas $305 Project Manager, Matt Wittern $295 Consultant, Makenna Sturgeon $230 Graphic Designers $170 136 RAFTELIS 7 Project Team We propose a team of professionals who specialize in the specific elements that will be critical to the success of this project. Our team includes senior-level staff to provide experienced project leadership with support from talented designers and communications staff. This close-knit group has frequently collaborated on similar successful projects, giving the City and its partners confidence in our capabilities. Our organizational chart shows the structure of our project team, with some performing multiple roles. On the following pages, we have included brief resumes for each team member with a description of their role on the project. Our Subconsultant: Dead West Creative will serve as a subconsultant on our team for the video production components of the project. Dead West is a video production agency in Bozeman, Montana that helps clients tell their story and get their message out via high-end production driven by intelligent marketing practices. Click here to learn more DESIGN TEAM Graphic Designers Victoria Baldwin, Jack Folwell, Video Production David Abate (Dead West Creative) COMMUNICATIONS TEAM Strategy and Content Developer Matt Wittern, APR, PMP Stakeholder Outreach, Social and Digital Communication Makenna Sturgeon City of Bozeman PROJECT LEADERSHIP Project Director and Lead Facilitator Samantha Villegas, APR, Fellow PRSA Project Manager Matt Wittern, APR, PMP 137 RAFTELIS 8 Samantha Villegas APR, Fellow PRSA PROJECT DIRECTOR Principal Consultant (Raftelis) ROLE Sam will serve as lead strategist and co-counsel to Matt, and she will be the lead facilitator for CAC meetings. PROFILE Sam is an award-winning communications and outreach executive, with over 30 years of experience in public communication and participation. Sam is a member of Raftelis’ Strategic Communications Practice, helping utilities and local governments develop relationships and engage equitably with their stakeholders around critical topics like affordability, public health, and environmental protection. She counsels executives through programmatic changes, strategic planning, and reputational crises, and she designs and implements strategic communication and stakeholder engagement programs that bring diverse interest together in support of efforts that benefit communities’ triple bottom line. Prior to Raftelis, Sam led communications programs at American Water, Loudoun Water, and for EPA’s Office of Water. Sam also owned her own communications agency for seven years, serving clients in the water sector, including AWWA, WRF, ASDWA and several utilities. Sam is actively involved in AWWA, WEF, NACWA, and PRSA (the Public Relations Society of America). She holds a master’s degree in environmental policy from Johns Hopkins University, she is accredited in public relations from PRSA and a member of its College of Fellows, and she holds certificates in public participation from the International Association of Public Participation. KEY PROJECT EXPERIENCE Charlotte Water (NC): Billing Redesign Campaign Sam led a team that designed and executed a campaign to promote Charlotte Water’s new bill. The campaign used a mix of strategies that included hold time recordings, employee message boards, Mayors’ messages, social media, advertising, bill inserts, and an instructional video. City of Arlington (VA): Biosolids Master Plan Communications and Outreach Sam developed a comprehensive outreach plan to support the master planning process. Sam facilitated a stakeholder advisory committee and developed a strategic communication plan to guide communication and outreach with key stakeholders throughout the project. Specialties •Stakeholder engagement/Public participation •Strategic communications planning •Brand and reputation management •Issues management •Crisis & risk communications •Program assessment & measurement •Development & oversight of paid (advertising), earned (stories placed), shared (social) & owned media •Writing & copyediting •Facilitation •Media training Professional History •Raftelis: Principal Consultant •US Environmental Protection Agency (EPA) Office of Water: Chief Communications Officer/Senior Advisor •Raftelis: Dir. of Strategic Communication Services; Senior Consultant •SaVi PR, LLC: Owner •American Water: Vice President •Loudoun Water: Manager of Communications •CEC: Public Affairs Specialist •Lisboa: Senior Account Manager •Mitchell Petersen: Account Executive Education •Accredited in Public Relations – PRSA, 2000 •MS, Environmental Policy - Johns Hopkins University, 1998 •BS, Biology – Penn State University, 1992 Professional Memberships/Boards •AWWA: Member of Public Affairs Council •International Association of Public Participation •Public Relations Society of America - Board Member 2017-2020 •PRSA-NCC – Chair 2013 •Water Environment Federation •BENEFIT Council 2017-2020 •United Way of Loudoun, Board 2016-2019 •Leadership Loudoun Board, 2007-2010 •Leadership Loudoun, Class of 2004 Awards •Thoth Award of Excellence, 2018 •Woman of the Year Finalist, 2017, Washington Women in PR •Diamond Award, PRSA NCC, 2017 •Platinum Award, PRSA NCC, 2015 138 RAFTELIS 9 Water Environment Federation: Biosolids Communication Toolkit and Trainings Sam wrote and designed a comprehensive biosolids communications toolkit for WEF’s members. This 50+ page toolkit provides step-by-step guidance to utility staff on how and why to proactively communicate about biosolids and provides templates, messaging, exercises, how-tos and much more. She has delivered multiple webinars and in- person speeches on this toolkit. Metropolitan Washington Council of Governments (DC): Clean Water Campaign and Messaging More than 15 different water and wastewater agencies serve the residents and businesses of the metropolitan Washington, DC region. Sam oversaw deployment of the first regional digital survey on water and wastewater awareness and behaviors. Using this data, she developed a strategic communications plan, coordinated messaging on key focus areas, and a seasonal content calendar to ensure consistency among - and credibility for - the region’s water and wastewater sector. Sam’s work extended to COG’s Anacostia Watershed Messaging Partnership with a comprehensive three-year strategic outreach and messaging plan in support of raising awareness of and changing behaviors to protect the Anacostia River and its watershed. NACWA: Clean Water 50th Anniversary Communications Raftelis was hired by the National Association of Clean Water Agencies (NACWA) to develop, as part of their 50th anniversary, an inspirational and aspirational story about how clean water has transformed communities over the last 50 years. Sam was primary author on the book and worked with the members to develop 22 companion case studies. Fairfax County/City (VA): Community Redevelopment Communications and Engagement Sam developed a strategic communications and engagement plan for the joint redevelopment of the Sherwood- Willard health and community center. Sam guided a large, multi-disciplinary team of city and county employees through a discovery and planning process to assure key stakeholders were informed of the project and opportunities to provide input into the design. Sam also led engagement and outreach activities. Daphne Utilities (AL): Crisis Communication and Media Training Sam developed a crisis communication plan, crisis communication training and media spokesperson training. Sam walked the staff through a series of table-top exercises to test and apply the crisis plan then provided both off and on- camera coaching, where participants learned how to hook, bridge, and flag. She then filmed them so they could apply what they learned in mock, on-camera interviews. Sam also developed and delivered a three-year strategic communications plan to guide communication and outreach activities. Austin City Works Academy (TX): Curriculum Planning and Development The City of Austin sought Raftelis’ assistance in redesigning its CityWorks Academy, a multi-week, competitive program that educates citizens about how the city operates and builds an enduring pool of volunteers for the city’s many programs. Sam conducted surveys of past participants, a benchmark review of similar programs, she developed a new program approach, and drafted a new curriculum planning guide. Future tasks include engagement training, recruitment/promotion of the new program, and, potentially, program rebranding. Raftelis Performance Academy’s Strategic Communications Bootcamp: Curriculum Planning and Development Sam was part of a team that developed the curriculum for a three-day Strategic Communications Bootcamp to help equip clients with the knowledge and techniques the Raftelis team uses when serving them. Modules included 139 RAFTELIS 10 developing a strategic communications planning and implementation, conducting market research, crisis communication, risk communication, media training, and effective public participation strategies. City of Corpus Christi (TX): Impact Fee Outreach and Communications Corpus Christi currently uses a Trust Fund for funding the extension of infrastructure to new developments. Sam developed a year-long campaign, Build A Better Corpus Christi, to help the City raise awareness and support for adopting Impact Fees, which will enable more intentional, planned development, funded in a more appropriate way. Sam is leading the team of consultants assisting the City with the campaign. Fairfax County (VA): Infrastructure Outreach and Communications Sam developed a strategic communication and engagement plan to help the County inform and engage internal and external stakeholders on the Tysons West Pump Station and Conveyance System. The work included development of messages and materials, engagement strategies, and general counsel to the team on the public outreach. Charlotte Water (NC): Payment Assistance Campaign Sam worked with Charlotte Water to raise awareness of the myriad opportunities to get payment assistance. Following the pandemic, the number of past due accounts had soared to over 15,000 and Charlotte Water sought help to make those customers whole, before they began shutoffs again. The Raftelis team conducted surveys, focus groups, and interviews and worked with nonprofits to reach key stakeholders. We used transit ads, social media, radio interviews (Spanish and English), special events, Spotify ads, and printed posters for display in local merchants in key neighborhoods. At the end of the campaign, the number of delinquent accounts returned to pre- pandemic levels. Ridgewood Water (NJ): PFAS Communications Counseling Sam led a team to provide Ridgewood Water with a communications and outreach plan and materials to help elevate their communications around PFAS in the water. Work included interviewing community members, developing a plan, messages, website recommendations, a video, a presentation, and providing general counsel. US EPA Office of Water: PFAS Communications Toolkit In her role as Chief Communications Officer for EPA’s Office of Water (Sept 2023-March 2024), Sam oversaw the development of a PFAS communications toolkit. The toolkit was developed to support utilities once the final drinking rule was announced and included animated explainer videos, social media posts, infographics, general strategic communications counsel, messaging, and FAQs. Region of Peel (ON): Rate Study/Increase Communications and Engagement Sam led an international team of communications and engagement counselors to provide strategic guidance to the Region of Peel communications team in support of a major rate study, potential rate structure change and rate increase for water and wastewater. The team supported Peel by developing a strategic communication plan to guide all activities, a master message platform, and led engagement activities with stakeholders, including a series of virtual customer panels, an online survey, and a series of virtual customer focus groups. Puerto Rico Aqueduct and Sewer Authority (PR): Rate Study/Increase Communications and Engagement Sam provided strategic guidance to the Puerto Rico Aqueduct and Sewer Authority finance and communications teams in support of a major rate study, rate structure change and rate increase for water and wastewater. The team supported PRASA by developing a strategic communication plan to guide all activities, a master message platform, 140 RAFTELIS 11 and the development of several communications materials including a PowerPoint presentation, bill insert and fact sheet. Rate Study/Increase Communications and Engagement Other communities that Sam has provided rate study or rate increase communications support include: Beckley (WV), Boston (MA), Corinth (TX), Fair Oaks Ranch (TX), Georgetown (SC), Keene (NH), Lawrence (KS), Madera (CA), Manor (TX), Paradise Island (Bahamas), Robinson (TX), Saginaw (MI), Sterling Heights (MI), Toledo (OH) Howard County and Prince William County (MD): Recycling and Solid Waste Communication Sam conducted a comprehensive analysis of both County’s recycling communications and outreach program. The assessment included a SWOT analysis with the internal team; a County wide digital survey, three focus groups and benchmarks with three similar communities. The Howard County Recycling Division’s (Division) current communications plan and all its educational materials as well as outreach efforts were reviewed and assessed for effectiveness and all was captured in a detailed report, with specific recommendations for improvement. American Water Works Association: Risk Communication Guide and Training Raftelis developed a comprehensive risk communication guide for utilities: Trending in an Instant. Sam served as copyeditor for this guidance document, which helps utilities work through a crisis response. The guide provides research into the psychology and behavior behind consumer fears and offers targeted tools and action steps to help utilities respond effectively before, during, and after a crisis. The guide describes proven risk communication techniques and offers strategies to employ for restoring trust. Sam delivered a half dozen virtual and in-person trainings on elements of the Guide. City of Fort Worth (TX): Solid Waste Master Plan Communications and Outreach Sam designed and executed comprehensive public involvement plan to engage businesses and citizens in the development of the City’s comprehensive solid waste management plan. She designed and executed intercept interviews, online surveys, focus group and workshop moderator guides, and provided general counsel to leadership team on best practices for engagement and soliciting input. As a result, the City had a solid waste management plan that had the buy-in and input from its community stakeholders. Charles County (MD): Solid Waste Master Plan Communications and Outreach Sam executed a public involvement plan to engage businesses and citizens in the development of the County’s solid waste management plan update. Sam designed and executed intercept interviews and online surveys and provided general counsel to leadership team on best practices for soliciting input and communicating about the plan. ASDWA: Strategic Planning, Facilitation, Technical Writing, and Design Sam has been supporting the Association of State Drinking Water Administrators with strategic communication and organizational development services in 2017. Sam transformed member engagement with revamped communications products such as its “Year in Review” annual report, and she has developed fact sheets, stakeholder emails, and revamped its board packet. Sam also plans and facilitates staff retreats and work sessions, coaches staff on project management, and has led the ASDWA staff and Board through the development of its strategic plan for five years. Fairfax Water (VA): Strategic Planning, Facilitation and Focus Groups In support of the utility’s strategic planning process, Sam facilitated group discussions with different staff teams to elicit their input into the utility’s strengths, Opportunities, Aspirations, and intended Results. Sam supported the 141 RAFTELIS 12 team in the development of the plan. Sam also provided counsel to a customer survey and moderator guide for focus groups, and helped facilitate these online sessions, conducted via Zoom. Charlotte Water (NC): Strategic Planning and Focus Group Facilitation In support of the utility’s strategic planning process, Sam facilitated focus group discussions with a series of customers to elicit their input into the utility’s strengths, Opportunities, Aspirations, and intended Results. Sam also supported the team in the development of the strategic plan. Arlington (VA): Stormwater Utility Fee Communication and Outreach Sam assisted Arlington with communications and outreach to support a new stormwater utility and fee to fund the City’s stormwater management, operations, maintenance, and MS4 compliance. Ms. Villegas provided support and strategic guidance to the City on public involvement and communications. Ms. Villegas developed a communications plan and designed and helped facilitate a series of stakeholder advisory group meetings so affected stakeholders could have a voice into the stormwater fee development. City of Fairfax (VA): Stormwater Utility Fee Communication and Outreach Sam assisted Fairfax with communications and outreach to support a new stormwater utility and fee to fund the City’s stormwater management, operations, maintenance, and MS4 compliance. Sam provided support and strategic guidance to the City on public involvement and communications. Sam developed a communications plan and designed and helped facilitate a series of stakeholder advisory group meetings so affected stakeholders could have a voice into the stormwater fee development. Corpus Christi (TX): Stormwater Utility Fee Communication and Outreach Sam assisted the City with the development of a strategic communications plan and materials to build awareness of a new stormwater fee. Reno (NV): Stormwater Utility Fee Communication and Outreach Sam assisted the City with the development of a strategic communications plan and materials to build awareness of a new stormwater fee. Tuolumne Utilities District (CA): Water Rights Acquisition Raftelis was hired to build stakeholder awareness of and support for the District’s efforts to acquire its own water rights. Sam supported the team’s design and implementation of a multi-pronged campaign to create a fact-based community conversation about the opportunity and anticipated bill impacts. As the community became more aware, sentiments from one-on-one conversations and coverage in local media started to change. CCR Report Template (EPIC): Water Quality Communications Sam led a multi-disciplinary team of writers, graphic designers and data visualists to develop an award winning entry into the Environmental Policy and Innovation Center’s contest to reimagine the Consumer Confidence Report. Following this award, Sam’s team was selected through competitive process to design a national template for the CCR in both Word and Square Space. Templates are available at www.policyinnovation.org. Virginia Health Catalyst (VA): Water Quality Communications Toolkit Sam wrote and designed a comprehensive water quality communications toolkit for Virginia water utilities. This 50+ page toolkit provides step-by-step guidance to utility staff on how and why to proactively communicate about water quality, beyond the annual CCR, and provides templates, messaging, exercises, how-tos and much more. 142 RAFTELIS 13 REMAINING EXPERIENCE • Energy Efficiency Communications (US Department of Energy) • Energy Efficiency Communications (US Environmental Protection Agency) • Infrastructure Outreach and Communications (Maryland American Water) • Infrastructure Outreach and Communications (Virginia American Water) • Lead in Drinking Water Communications Guide (American Water Works Association) • Legionella in Premise Plumbing Communications Guide (Water Research Foundation) • Rates, Water Quality and Infrastructure Communications Leadership (American Water) • Rates, Water Quality and Infrastructure Communications Leadership (Loudoun Water, VA) • Risk Communication Guidance (Army Corps of Engineers) • Recycling and Solid Waste Communication and Outreach (Montgomery County, MD) • Waste-to-Energy Communications Counsel (Cleveland, OH) • Waste-to-Energy Communications Planning (Big Island, HI) PUBLICATIONS • “A Reputation Built in 60 Years, Gone in 60 Seconds,” AWWA Opflow, October, 2022 • “Time to Torch the Townhall Meeting,” Think Tank, Raftelis, September, 2021 • “Public Outreach Part II: More Cost Savings Than Cost Center,” Waste Advantage, 2015 • “Public Outreach Part I: More Science Than Art,” Waste Advantage, 2015 • “Eleven Myths About Social Media Every Water Utility Manager Should Know,” AWWA Journal, 2013 • “Take the PR Pledge, Ragan Communications,” The PR Daily, 2013 • “What Howard Stern Can Teach Us About PR,” The PR Daily, 2012 • “Re-examining A Utility’s Brand Image,” AWWA Journal, 2007 • “A Brand-New Day - Things That Shocked Me While Rebranding,” PRSA Tactics, 2007 • “Hydrant Use: Balancing Access and Protection,” AWWA Opflow, 2006 • “Changing Behavior with Social Marketing Techniques,” PRSA On the Environment Horizon, 2000 PRESENTATIONS • “The Communications of Affordability,” WEFTEC, October 2023 • “Your CCR Can’t Carry the Weight of All Water Communications,” VA AWWA JAM, September, 2023 • “Pathogens in Plumbing Systems: Communicating Customers’ Shared Responsibility for Water Quality,” Water Research Federation Spring Seminar, May, 2023 • “When the Biosolids Hit the Fan,” Texas WEAT Conference, June, 2023 • “Role of Communications and Engagement,” VAWEA Conference, June, 2023 • “Strengthening Public Trust,” Water Now Alliance’s Water Leadership Academy, April, 2023 • “Communicating the Benefits of Biosolids,” WEFTEC, October, 2022 • “Ensuring Social Justice in Stormwater Planning,” Keynote, VWEA Stormwater Conference, June, 2022 • “A Reputation Built in 60 Years, Gone in 60 Seconds,” UMC, August, 2021 • “Trending in an Instant,” ACE Virtual Summit, AWWA, online, September, 2020 and UMC, Feb 2020 • “Use Social Science in Communication to Decrease Fear and Build Trust,” CAPIO Webinar, March, 2020 • “Be a Trusted Source: How to Handle Communication During COVID-19,” AWWA Webinar, March 2020 • “Get Your (Communications) Assessment in Gear,” Catalyst Conference, June, 2019 • “So, Your Market’s Been Disrupted, Now What?” Keynote, Virginia Recycling Association, May, 2019 • “Communications Guidance for Legionella,” SFPUC Workshop, November, 2018 • “Communications on the Other Side of the Meter,” AWWA ACE, Philadelphia, 2017 143 RAFTELIS 14 • “Media Myths and Magic,” AWWA ACE, 2016 • “Public Outreach, It’s More Science Than Art,” WasteCon, 2015 • “Communicating About Lead Service Lines,” AWWA ACE, 2014 • “Eleven Myths About Social Media,” North Texas Water Symposium, 2013 • “The Power of Proactive Communications,” VAAWWA/VAWEA JAM, 2013 • “Building a Sustainable Brand: How to Identify, Attract and Engage Stakeholders in Your Mission,” Smart and Assessment of Communications and Outreach Program Sustainable Pre-Conference Workshop, 2013 • “The Importance of PR To A Water Utility,” WLI Conference, 2012 • “Advocacy Communications,” PLANET Annual Conference, 2011 • “Managing Demand for the Blue in a Green is Godly World,” NAGC Conference, 2009 • “Web 2.0 Technology,” VA AWWA/VWEA JAM, 2009 • “Communicating Your Value Through Branding,” VAAWWA/VWEA JAM, 2007 144 RAFTELIS 15 Matt Wittern APR, PMP PROJECT MANAGER / STRATEGY AND CONTENT DEVELOPER Manager (Raftelis) ROLE As the City’s primary point of contact, Matt will serve as Project Manager to keep the project on schedule and within budget. He will provide creative direction and QA/QC for content development and strategy. PROFILE Matt has a 20+ year public relations career serving clients and customers in the public utility, engineering, and construction sectors. He excels at designing and implementing strategic communications campaigns that incorporate stakeholder input to inform, advocate and achieve behavior change. His specialty is successfully translating complex subjects and concepts into messages easily understood by target audiences. At Raftelis, he manages strategic communications planning and implementation, as well as stakeholder engagement initiatives. Before joining Raftelis, Matt managed a variety of public affairs efforts at Denver Water, which included designing the public engagement and public information strategies for nearly a billion dollars’ worth of infrastructure projects, spearheading the public process for the utility’s policy decision regarding Community Water Fluoridation, and led development of processes to gain stakeholder support for preventative maintenance on critical infrastructure. He earned a B.A. in journalism, is Accredited in Public Relations (APR) from the Public Relations Society of America (PRSA), and achieved status as a Project Management Professional (PMP) from the Project Management Institute. Matt has presented at national conferences, including the American Water Works Association’s ACE and the City-County Communications and Marketing Association’s (3CMA) Annual Conference. Matt’s work has earned prestigious Gold Pick Awards from the Colorado Chapter of PRSA and SAVVY Awards from 3CMA. KEY PROJECT EXPERIENCE Water Rate Change Stakeholder Engagement and Communications (Town of Jackson, WY) The Town of Jackson, located in Teton County, boasts among the highest incomes of any county in the United States. Juxtaposed against that is the thousands of hourly and service industry jobs that support the vibrant tourism industry, and Raftelis accepted the challenge to develop a water and wastewater rate structure that was fair and equitable, while pricing in complications such as the prevalence of seasonal homes that only had seasonal demand and impact on the system. Matt led the creation of a Citizen Review Committee made up of representatives from myriad stakeholder groups. Through a series of meetings facilitated by Matt, the CRC ensured that the recommendation ultimately delivered to the Town Council was representative of the community and included measures for affordability. In addition, Matt was the architect of a multi-pronged strategic communications program Specialties •Strategic communication planning •Stakeholder engagement •Public involvement •Community outreach •Primary & secondary research •Expert positioning •Media relations •Social media •Art direction •Reputation management •Coalition building •Advocacy campaigns Professional History •Raftelis: Manager (2019-present) •Denver Water: Senior Community Relations Specialist/Communications Manager (2015-2019) •Communication Infrastructure Group: Counselor (2006-2015) •CollegeInvest: Marketing Communications Manager (2005- 2006) •Transportation Expansion (T-REX) Project: Community Relations Manager (2002-2005) •LawsComm: Client Service Coordinator (1998-2002) Education •Bachelor of Arts in Technical Journalism (Public Relations) - Colorado State University (1999) Professional Memberships •Public Relations Society of America: Accredited in Public Relations (APR) •Project Management Institute - Project Management Professional (PMP) •International Association of Public Participation (IAP2) - Certified in Public Participation •WEF •AWWA 145 RAFTELIS 16 that helped raise awareness of, and support for, changes to the rate structure among town residents. This included developing a suite of communication tools including newsletter articles, website copy, bill stuffers, graphics, social media content, and a capstone printed piece that summarized the study process. Strategic Communications and Stakeholder Outreach (Northern Colorado Water Conservancy District, CO) Like many parts of the state, Northern Colorado is experiencing exceptional growth, with a population that is expected to double to a half-million people by 2050. As a key raw water provider to municipalities and agricultural interests, the Northern Colorado Water Conservancy District began plans in the 1980s to provide valuable source water to 15 partners working together to make the Northern Integrated Supply Project a reality. Today, on the cusp of state and federal regulatory approvals, NISP faces opposition from a very small but vocal minority who threaten to derail the public process and stop the project by any means necessary. Millions of dollars, years of planning and thorough environmental study and protections hangs in the balance. Raftelis was hired to assist Northern with development of a comprehensive public outreach and information campaign to ensure continued public support for this critical $1.1 billion project. Matt Wittern conducted thorough primary and secondary research to inform a plan that when implemented will ensure those who will benefit most from the project will understand the value it brings and its role to help ensure a continued thriving community for years to come. Stakeholder Engagement and Brand Identity Development (City of Wheat Ridge, CO) Matt was the project manager on the team hired to design and implement a community-based brand identity development for the City of Wheat Ridge (City). Matt designed a process that brought together key community stakeholders using a variety of public engagement techniques to draw out from them their view of what was quintessentially Wheat Ridge. These elements were then distilled down to core themes woven into the City’s new identity. The result was a process that members of City Council praised as the model for how City staff should encourage public involvement. A post-project survey found that 70 percent of respondents agreed that the new identity represents the City as a positive, progressive community. Government and Stakeholder Relations (Denver Water, CO) Matt served for many years in Denver Water’s Public Affairs Division, where he managed community outreach and public information initiatives from small water main replacement projects impacting neighborhoods all the way up to strategic communications for the half-billion-dollar project to raise Gross Reservoir Dam to increase the facility’s storage capacity. Matt also spearheaded the public process to evaluate alternatives related to the Denver Water Board of Water Commissioners’ Community Water Fluoridation policy. Bill Payment Plan Communications (Charlotte Water, NC) Matt was the project manager for the team that designed and is implemented a campaign that help Charlotte Water reduce the number of past due accounts by promoting the utility’s payment assistance program. Raftelis created a nine-month, measurable promotional campaign that included in-person events, posters placed in local businesses, direct mail, paid digital ads, transit advertising, social media, Spotify ads, billing inserts, newsletter articles, website updates, and direct emails to account holders. Expert Positioning (Western Municipal Water District, CA) Following a successful water rate study and after defeating a court challenge, the District hired Raftelis to draft an article to share its story with other nearby providers on the tricky issue of water budgets. Working closely with the District Manager and legal counsel, Matt authored a piece and developed accompanying graphics that won Best Paper at AWWA’s ACE 2023 Conference. 146 RAFTELIS 17 Makenna Sturgeon STAKEHOLDER OUTREACH, SOCIAL AND DIGITAL COMMUNICATION Consultant (Raftelis) ROLE Responsible for developing and executing strategies to effectively engage stakeholders through targeted outreach, social media, and digital platforms. PROFILE Makenna began her career in 2020 at a PR firm in Denver. She worked with clients across the agriculture and natural resources industries, developing and implementing media relations and digital communications plans. Makenna then headed to the Colorado Municipal League in 2021, where she managed the League’s training program and marketing efforts. Her work introduced her to municipal elected officials and staff across the state. Makenna graduated from the University of Colorado at Boulder (CU) in 2019. She studied Journalism and Political Science. During her time at CU, she studied off campus in London, UK and Washington, DC, served as a Legislative Aide at the Colorado State Capitol, and interned at TheHill.com. RELEVANT PROJECT EXPERIENCE City of Milpitas (CA): Proposition 218 Communications The City of Milpitas needed to adjust its rates to keep up with infrastructure needs and the cost of water. The City brought Raftelis on to assist with its rate setting needs. After settling on proposed rates, the City needed to comply with 218 requirements. Makenna provided strategic communications assistance to comply with the proposition, including website content and social media posts the made customers aware of the new rates and their purpose. Northern Colorado Water Conservancy District (CO): Strategic Communications Like many parts of the state, Northern Colorado is experiencing exceptional growth, with a population that is expected to double to a half-million people by 2050. As a key raw water provider to municipalities and agricultural interests, the Northern Colorado Water Conservancy District began plans in the 1980s to provide valuable source water to 15 partners working together to make the Northern Integrated Supply Project a reality. Today, on the cusp of state and federal regulatory approvals, NISP faces opposition from a very small but vocal minority who threaten to derail the public process and stop the project by any means necessary. Millions of dollars, years of planning and thorough environmental study and protections hangs in the balance. Raftelis was hired to assist Northern with development of a comprehensive public outreach and information campaign to ensure continued public support for this critical $1.1 billion project. Makenna came on board to assist with the campaigns communications tactics, including social media and collateral development. Specialties •Strategic communication planning •Organizational assessments •Desktop publishing •Workforce development •Stakeholder engagement •Development and oversight of earned social and paid media •Writing, copyediting, script writing •Collateral development Professional History •Raftelis: Consultant (2024-present); Associate Consultant (2023) •Colorado Municipal League: Training and Marketing Specialist (2021-2022) •Pac/West Strategies: Communications Associate (2020- 2021) •TheHill.com: Staff Reporter (2019) •University of Colorado: Online Learning Assistant (2018-2022) •Colorado State Capitol: Legislative Aide (2017-2018) Education •Bachelor of Arts in Journalism - University of Colorado at Boulder (2019) Professional Memberships •American Water Works Association •Public Relations Society of America 147 RAFTELIS 18 City of St. Helena (CA): Strategic Communications In standing with industry best practices, St. Helena, California endeavored to updated its rates after five years. The City looked to Raftelis for assistance with developing rates that aligned with community values and were legally defensible. After settling on rates that best aligned with the community’s needs, the City endeavored to communicate why these rates were beneficial and made sense for St. Helena. Raftelis’ strategic communications practice came on board to help communicate this message. Makenna assisted with several communications tactics, including social media development, video production, and collateral development, as well as strategic planning. City of Lakewood (OH): Construction Communications The Lakewood Interceptor Project is a key element of the City of Lakewood’s Clean Water Lakewood program, which is working towards modernizing its sewer system to protect the natural environment and meet the requirements of the federal Clean Water Act. Raftelis was hired to be the architect of the public information program that the Mayor has called critical to the success of the project. At the beginning of 2023, the City began communicating using the messages and tools Raftelis developed. These communicated the vision of the project – that investment was necessary to fix the aging infrastructure and bring the City into compliance with EPA mandates. Construction began in July 2023, and communications pivoted to helping impacted neighbors and members of the traveling public understand the mechanisms the City has put in place to help them cope with the inconvenience of major construction. In addition to assisting with message creation and content development, Makenna created an explainer video about Lakewood’s construction project to enhance awareness and understanding of the project. City of Arvada (CO): Strategic Communications The City of Arvada’s water, wastewater, and stormwater systems require major investments to ensure they continue operating effectively in the future. The City developed long-range plans for reinvestment. To assist with raising awareness of and enhancing understanding of these long-range plans, the City engaged Raftelis to create a strategic communication plan and tactical materials. Makenna and colleagues at Raftelis worked with Arvada to develop a Strategic Communication Plan for the City. After sending the initial plan, Makenna managed Raftelis’ work to refine the plan and develop collateral materials listed in the plan. Kawuneeche Valley Restoration Collaborative (CO): Marketing and Outreach The Kawuneeche Valley is located at the headwaters of the Colorado River. Extending from the high mountain passes of Rocky Mountain National Park to where the river meets Shadow Mountain Reservoir below the Town of Grand Lake, Colorado, many tributaries find their confluence with the Colorado River here, and their associated wetlands and floodplains cover much of the valley floor. A long history of diverse land uses, some now abandoned, have contributed to the Valley’s ecological decline. The Kawuneeche Valley Restoration Collaborative (KVRC) was formed in 2020 to restore that ecosystem. Consisting of several entities including Grand County, the National Park Service, the Nature Conservancy, and Northern Water, this collaborative brings together diverse interests and expertise to address the Valley’s challenges. Makenna played an instrumental role in managing the development of KVRC’s logo and brand guidelines and developing KVRC’s Strategic Communication and Outreach Plan. These will guide the collaborative’s outreach work that is intended to begin in 2024. 148 RAFTELIS 19 Madera County (CA): Solid Waste Management Study Stakeholder Engagement and Communications Makenna assisted with content creation and facilitation for this solid waste management study in 2023. There were significant challenges, as a highly vocal and organized group in the east part of Madera County had sued the government about past solid waste management practices. Using stakeholder engagement techniques, Raftelis brought all stakeholders to the table for discussions on what the best solution would be for them – providing value for the dollar, while also conforming to new more stringent state regulations. The study also benefitted from strong key messaging and the use of myriad county-owned publications and earned media coverage. Makenna was responsible for developing a microsite and its content, social media posts, and print newspaper ads throughout the study. In the end, Raftelis was able to show where input from stakeholders greatly influenced the recommendations of the study, which was adopted by the County Board of Supervisors. RELEVANT PROFESSIONAL EXPERIENCE Pac/West Strategies: Communications Associate (2020 – 2021) Makenna worked on several projects over the course of her time at Pac/West Strategies. Serving as a Communications Associate, she managed projects and assisted the team with others. A few of those projects included a large digital media campaign in New Mexico that utilized Facebook, Instagram, and Google Search to help emphasize the importance of agriculture in the state. Other projects included assisting with a community engagement program, a media relations strategy, and a digital media campaign focused on COVID-19 precautions at the height of the pandemic. The Colorado Municipal League: Training and Marketing Specialist (2021 – 2022) As Training and Marketing Specialist, Makenna led the League’s marketing efforts to make sure members were aware of available resources and trainings. In her role, Makenna worked with and served municipal managers, elected officials, and other staff. In addition to leading the marketing charge, Makenna managed the League’s training program. She planned and executed webinars, workshops, and conference sessions that provided municipal staff and elected officials with information to help better govern cities and towns in Colorado. The Colorado Municipal League retained Makenna after she joined Raftelis to help with their 100th Anniversary Publication—eight digital stories written over the course of eight months, highlighting the League’s history. This project consisted of website development, content development, video production, and graphic design. PRESENTATIONS • “Going beyond the organization’s presence on social media: How to get leaders and staff engaged in your digital communications efforts” 2023 RMWEA Communications Seminar • “How Personal Social Media Profiles Can Bring Greater Influence and Credibility” NACWA 2023 Strategic Communications: H20 Workshop 149 RAFTELIS 20 Jack Folwell Senior Graphic Designer (Raftelis) Jack has been working for five years as a graphic designer in fast-paced agency environments and large corporations. During that time, he has designed for web, print, physical environments, logos, and company apparel. He has worked for national mortgage brands and local restaurant favorites to help them expand their reach through digital advertisements, conference collateral, and social content. Key Projects: City of Carson, City of Elgin, and Boston Water and Sewer Authority Victoria Baldwin Senior Graphic Designer (Raftelis) Victoria has five years of print and digital design experience. Her design work has included strategic plans, video campaigns, logos, PowerPoint presentations, infographics, digital ads, and other public facing communication materials. Key Projects: Association of State Drinking Water Administrators, National Association of Clean Water Agencies, and Grand Strand Water Authority David Abate Producer/Director of Photography (Dead West Creative) David is a video marketing and production professional with five year’s years’ experience owning and operating Dead West Creative, a leading video production agency in Bozeman, MT. He also has seven years of web and mobile marketing experience at major advertising agencies. Key Projects: Montana State University, Bozeman Co-op, Beartooth Group, Thrive, New Age Artisans 150 Professional Services Agreement for Integrated Water Resources Plan Engagement and Communications Services Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 202__ (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the _____ day of ______________, 202_, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in Exhibit A. 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 Exhibit A. 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 151 Professional Services Agreement for Integrated Water Resources Plan Engagement and Communications Services Page 2 of 11 Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. 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 152 Professional Services Agreement for Integrated Water Resources Plan Engagement and Communications Services Page 3 of 11 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 153 Professional Services Agreement for Integrated Water Resources Plan Engagement and Communications Services Page 4 of 11 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 154 Professional Services Agreement for Integrated Water Resources Plan Engagement and Communications Services Page 5 of 11 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the 155 Professional Services Agreement for Integrated Water Resources Plan Engagement and Communications Services Page 6 of 11 Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Takami Clark, Communications & Engagement 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 Samantha Villegas, Principal Consultant, 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 156 Professional Services Agreement for Integrated Water Resources Plan Engagement and Communications Services Page 7 of 11 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). 157 Professional Services Agreement for Integrated Water Resources Plan Engagement and Communications Services Page 8 of 11 The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 158 Professional Services Agreement for Integrated Water Resources Plan Engagement and Communications Services Page 9 of 11 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the 159 Professional Services Agreement for Integrated Water Resources Plan Engagement and Communications Services Page 10 of 11 date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable, the 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. 160 Professional Services Agreement for Integrated Water Resources Plan Engagement and Communications Services Page 11 of 11 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ 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 161 Memorandum REPORT TO:City Commission FROM:Cody Flammond, Engineer II SUBJECT:Authorize the City Manager to Sign a Task Order with Water and Environmental Technologies, LLC for Fiscal Year 2025 Characterization and Monitoring at the East Gallatin Landfill MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a Task Order with Water and Environmental Technologies, LLC for Fiscal Year 2025 Characterization and Monitoring at the East Gallatin Landfill. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The purpose of this task order is to authorize Water and Environmental Technologies to continue characterization and monitoring at the East Gallatin Landfill site through June 2025. This work includes soil vapor and groundwater monitoring for impacts from the landfill. Continuing this work allows the City to continue monitoring for impacts from the landfill and ensure that risks found to the public and environmental health and safety are mitigated. This task order will be implemented under the 2024 professional services agreement dated August 13, 2024. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The cost of this work will be $64,721.75. This work will be paid for using funds in the Non-Departmental budget for Consultants and Professional Services (010-8920-471.50-10). Attachments: Task Order 001- East Gallatin Landfill FY 2025 Characterization and Monitoring Report compiled on: August 21, 2024 162 EXHIBIT A City of Bozeman - Transportation and Engineering Department Professional Services Master Task Order Agreement Dated August 13th, 2024 Task Order Number:___001__________ Issued under the authority of Professional Service Master Task Order Agreement between the City of Bozeman and Water & Environmental Technologies, LLC for closed landfill engineering services. This Task Order is dated_____________, 2024 between the City of Bozeman (City) and Water & Environmental Technologies, LLC (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Cody Flammond Contractor: Joshua Vincent SCOPE OF WORK: The scope for this task order is detailed in the attached Scope of Work dated August 15, 2024. COMPENSATION: Contractor will bill for its services on a time and material basis with a project total not to exceed of $64,721.75. Contractor shall submit invoices to the City of Bozeman for work accomplished during each calendar month. The amount of each monthly invoice shall be determined by the time and material actually used during the invoicing period. The provisions of the Professional Services Master Task Order Agreement dated August 13, 2024 and any Special Terms and Conditions and/or Exhibits or Attachments to the Task Order shall govern the Work. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Contractor By:_____________________________ By: _____________________________ Printed Name:____________________ Printed Name:_____________________ Title:____________________________ Title: ____________________________ Date:____________________________ Date: _______________________ 163 Providing Technical Solutions For A Complex World · www.waterenvtech.com Butte, MT · 480 E. Park Street · Butte, MT 59701 · 406.782.5220 Anaconda, MT · 118 E. Seventh Street, Room 3H · Anaconda, MT 59711 · 406.563.7476 Great Falls, MT · 1321 Eighth Ave North #103 · Great Falls, MT 59401 · 406.761.2290 August 15, 2024 Mr. Cody Flammond City of Bozeman 20 E. Olive Street Bozeman, MT 59715 RE: FY 2025 Task Order Dear Mr. Flammond, Water & Environmental Technologies (WET) is pleased to provide this task order and cost estimate for further characterization and monitoring of the Bozeman Old City Landfill (Facility). The scope of work for this task order was developed based on the findings and conclusions of WET’s Old Bozeman City Landfill 2024 Annual Report, which presented an environmental data summary and conceptual site model (CSM). The sections below outline WET’s proposed scope of work, estimated costs, and proposed schedule. SCOPE OF WORK The purpose of this work is to continue monitoring soil vapor and groundwater for impacts associated with the Old Bozeman City Landfill and make recommendations for future work based on monitoring results. The proposed scope of work includes the following work tasks: • Task 1. Project management and meetings and/or coordination with the MDEQ CECRA program as needed. • Task 2. Data entry and validation. • Task 3. Install protective monuments for the temporary wells and soil vapor point (SVP) to ensure viability for long term use. • Task 4. Tie new monitoring wells into existing survey data to ensure accurate groundwater contour maps. • Task 5. Monitor new and existing Old Bozeman City Landfill groundwater monitoring wells and SVPs. All soil vapor and groundwater samples will be submitted to an analytical laboratory for analysis of volatile organic compounds (VOCs). • Task 6. Prepare Annual Reports for fiscal year 2024 and 2025 including a description of all monitoring activities conducted the previous year, the data collected, an updated site conceptual model and risk assessment, as well as recommendations for long-term monitoring or corrective action, if necessary. • Task 7. Update the Corrective Action Plan. 164 Providing Technical Solutions For A Complex World · www.waterenvtech.com Task 1. Project Management / Corrective Action Plan Duties associated with this task include meetings and project updates with City personnel; coordination with MDEQ CECRA personnel, scheduling of field work and project reporting; coordination with area landowner(s) and other project stakeholders; and monitoring the project budget and deliverables. WET personnel will provide status reports to City of Bozeman on an as-needed basis, and with each invoice submitted. Task 2. Data Management WET proposes to enter groundwater and soil vapor sampling field data electronically in the field using ArcGIS Online Survey 123 forms. During and after data entry in the field, the data is initially stored electronically in the cloud. After conclusion of the sampling event, the database will sync with the cloud-based Survey 123 data and update automatically with the newly collected data. Backup field forms will be available for redundancy as needed, and the database will have a data entry form to manually enter or change field data if needed. A copy of the database will be provided to the City of Bozeman with the Annual Report and more frequently, upon request. Task 3. Well and Soil Vapor Point Monument Installation Protective monuments will be installed for wells MW-11, MW-12, and MW-13 and soil vapor point VW-6. Task 4. Survey WET personnel will survey wells MW-11, MW-12, and MW-13 and soil vapor point VW-6 for location and top of casing elevation (monitoring wells only) and tie into existing survey. Task 5. Monitoring Activities WET will sample the fourteen monitoring wells and the irrigation well adjacent to the East Gallatin Recreation Area facilities building once during fiscal year 2025, to monitor groundwater quality and assess potential plume migration. Quality Assurance / Quality Control samples will be collected at a frequency specified in the CAP. Monitoring will be conducted using low-flow purge and sample procedures. Groundwater field parameters (temperature, pH, conductivity, dissolved oxygen, and oxidation reduction potential) will be measured during purging, and once parameters stabilize, a groundwater sample will be collected in laboratory-supplied bottles and analyzed for VOCs. Soil vapor samples will be collected once from each of the six existing SVPs using six-liter summa canisters and analyzed for VOCs. Task 6. Project Reporting Following receipt of laboratory analytical data, WET will prepare an Annual Report, which will include: • A discussion of monitoring activities; • Tabulated groundwater and soil gas monitoring data; • Laboratory analytical reports; • Photographs documenting field activities; • A summary of the findings; 165 Providing Technical Solutions For A Complex World · www.waterenvtech.com • An updated conceptual site model and assessment of risks to human health and the environment, and • Recommendations for further monitoring / corrective actions. Task 7. Corrective Action Plan (CAP) Update Prior to conducting monitoring activities, WET will update the Facility CAP which will include a description of all activities to be conducted during fiscal year 2025. A detailed schedule will be prepared as part of this CAP. COST AND SCHEDULE Work effort levels have been estimated using best professional judgement and typical scenarios related to work of this type. A cost estimate for fiscal year 2025 activities is provided as Attachment A. WET will begin work on the project immediately upon receiving a notice to proceed from the City of Bozeman, with the intention of completing monitoring activities in late 2025 or early 2026. The actual start date will depend on weather conditions and access to the facility and its surroundings. We greatly appreciate the opportunity to assist you with the Old Bozeman City Landfill project. If you have any questions or concerns regarding this task order, please contact me at 406-431-2447 or rsurratt@waterenvtech.com. Sincerely, Raye Surratt, MS Senior Engineer Attachments: Attachment A – Project Cost Estimate 166 Providing Technical Solutions For A Complex World · www.waterenvtech.com Attachment A – Project Cost Estimate 167 FISCAL YEAR 2025 PROJECT COST ESTIMATEWATER & ENVIRONMENTAL TECHNOLOGIES Date: August 15, 2024 Client Phone #: (406) 582-2280 Client:City of Bozeman Client Contact: Cody Flammond Address: 20 East Olive Street Project Manager: Raye SurrattDescription: Old Bozeman Landfill Monitoring TASK DESCRIPTION PRICE UNITS QTY PRICE TASK 1. Project Management Senior Engineer III $181.00 HOUR 12 $2,172.00 Senior Engineer I $156.00 HOUR 30 $4,680.00 Staff Engineer II $126.00 HOUR 10 $1,260.00$8,112.00 TASK 2. Data Management - Data Entry and QAQC Database Specialist $164.00 HOUR 2 $328.00Staff Engineer II $126.00 HOUR 8 $1,008.00SUBTOTAL:$1,336.00 TASK 3. Well and Vapor Point Monument InstallationStaff Engineer II $126.00 HOUR 5 $630.00Well Monuments $60.00 EACH 4 $240.00Cement$15.00 EACH 2 $30.00Drilling$2,451.25 LUMP 1 $2,451.25$3,351.25 TASK 4. SurveySenior Engineer III $181.00 HOUR 1 $181.00 Staff Engineer II $126.00 HOUR 4 $504.00 Survey Technician $114.00 HOUR 8 $912.00GNSS$50.00 HOUR 5 $250.00$1,847.00TASK 5. Landfill Monitoring TASK 5.1 Monitoring - Groundwater Staff Engineer/Hydrogeologist $122.00 HOUR 48 $5,856.00 Meters and Equipment $220.00 DAY 2 $440.00 Sample Consumables $20.00 SAMPLE 16 $320.00$6,616.00 TASK 5.2 Monitoring - Soil Vapor Staff Engineer II $126.00 HOUR 8 $1,008.00 Helium Meter $40.00 HOUR 3 $120.00 $1,128.00 TASK 5.3 Laboratory Analysis Groundwater VOCs $140.00 SAMPLE 19 $2,660.00 Soil Gas VOCs - TO-15 SIM $500.00 SAMPLE 8 $4,000.00$6,660.00 TASK 5.4 Drum Disposal Drum Purge Water Sampling $330.00 SAMPLE 1 $330.00 Drum Disposal $440.00 LUMP SUM 1 $440.00$770.00TASK 6. Data Summary Report TASK 6.1 FY 2024 Report Senior Engineer I $164.00 HOUR 25.25 $4,141.00Project III Engineer $151.00 HOUR 1.5 $226.50 Staff Engineer II $126.00 HOUR 80 $10,080.00 Staff I Engineer $121.00 HOUR 7.5 $907.50 GIS Technician $103.00 HOUR 1.5 $154.50Report Copies:LUMP SUM $500.00$16,009.50 TASK 6.2 FY 2025 Report Senior Engineer II $164.00 HOUR 20 $3,280.00 Staff Engineer II $126.00 HOUR 60 $7,560.00 GIS Specialist $120.00 HOUR 10 $1,200.00Report Copies:LUMP SUM $500.00$12,540.00TASK 7. CAP Update Senior Engineer II $164.00 HOUR 8 $1,312.00 Staff Engineer II $126.00 HOUR 40 $5,040.00$6,352.00 ESTIMATED PROJECT TOTAL $64,721.75 SUBTOTAL: SUBTOTAL: SUBTOTAL: SUBTOTAL: SUBTOTAL: SUBTOTAL: SUBTOTAL: SUBTOTAL: SUBTOTAL: SUBTOTAL: 168 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, Director of transportation and Engineering SUBJECT:Authorize the City Manager to Sign an Amendment to the Professional Services Agreement for the Engineering Review Fee Study with BerryDunn MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign an Amendment to the Professional Services Agreement for the Engineering Review Fee Study with BerryDunn. 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:BerryDunn completed our Engineering Review Fee Study to Evaluate the Fees Collected by the Engineering Division for Permits Issued by the Division. We entered into a Professional Service Agreement (PSA)on June 27th, 2023 to Advise on Fee Levels Appropriate to Recoup the Cost-of-Service for Each of our Permits. We are now looking for Berry Dunn to continue to support the department in the development of our Infrastructure Review Fees. This item was previously approved by the Bozeman City Commission on August 13, 2024. This current consent item includes the appropriate Amendment documentation to the original PSA. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:The total project cost is $9,950 per the attached City of Bozeman Infrastructure Review Fee Study Scope of Services. Funds are included in the fiscal year 2025 budget per Budget Code 750-4020-431.5010, and the budget is sufficient for the proposed work. Attachments: PSA 1st Amendment - Infrastructure Review Study Exhibit A - Scope of Services -Infrastructure Fee Study 169 Report compiled on: July 31, 2024 170 First Amendment to Professional Services Agreement for Engineering Review Fee Study FY 2025 Page 1 of 2 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING REVIEW FEE STUDY dated June 27th 2023 (the “Agreement”) is made and entered into this _____ day of ____________, 202__, 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 Berry, Dunn, McNeil & Parker, LLC (dba BerryDunn) 2211 Congress Street, Portland, ME 04102- 1955, 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. Modification of Work to be Performed. Section 1 of the Agreement is amended to reflect scope changes as detailed in Exhibit A. 2. Modification of Compensation. Section 4 of the Agreement is amended to include additional contract costs as detailed in Exhibit A. 3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 171 First Amendment to Professional Services Agreement for Engineering Review Fee Study FY 2025 Page 2 of 2 WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA BERRY, DUNN, MCNEIL & PARKER, LLC By________________________________ By_____________________________ Chuck Winn, Acting City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 172 berrydunn.com PROPOSAL City of Bozeman Infrastructure Review Fee Study BerryDunn 2211 Congress Street Portland, ME 04102-1955 207.541.2200 Kevin Price, Project Principal kprice@berrydunn.com Jesse Myott, Project Manager jmyott@berrydunn.com Proposal Submitted On: July 26, 2024 before 4 p.m. Exhibit A 173 July 26, 2024 City of Bozeman Engineering Division Attn: Marcy Yeykal P.O. Box 1230 Bozeman, MT 59771 Submitted via email to myeykal@bozeman.net Dear Marcy Yeykal: On behalf of Berry, Dunn, McNeil & Parker, LLC (BerryDunn), thank you for the opportunity to submit this proposal in response to the City of Bozeman's (COB’s) Request for Proposals (RFP) for an Infrastructure Review Fee Study. We value COB as an existing client, having supported multiple projects, including an effort to assist with a community development fee study, engineering review fee study, and a recreation cost of service analysis. We appreciate this opportunity to support COB in a new capacity and will leverage our existing relationship to maximize project efficiencies. BerryDunn is a nationally recognized independent management and IT firm, headquartered in Portland, Maine with nine office locations nationally. Focused on inspiring organizations to transform and innovate, we are a stable and well-established firm that has preserved our core values and reputation for excellence throughout our 49-year history. We have enjoyed steady growth by providing consistent, high-quality services to our clients in all 50 states, Puerto Rico, and Canada. We have a dedicated Local Government Practice Group that works with public-sector organizations like COB to calculate and assess the costs of providing services to their constituents and commercial partners. Our Community Development and Utility Operations Practice focuses exclusively on services such as engineering, public works, planning, permitting, inspections, code enforcement, licensing, asset management, and work orders. As COB seeks to reevaluate the fees collected by Transportation and Engineering Department Staff (the Department), BerryDunn will help establish a solid foundation for understanding COB’s cost to provide services and help ensure associated fees for services reflect the appropriate level in relation to the full cost to provide the service. As a result of the breadth and depth of our experience, we bring unique insights related to reviewing user fees for services like those in-scope for COB and can effectively drive project success on COB’s requested effort. As a principal in our Local Government Practice Group, I am authorized to bind BerryDunn to the commitments made herein. We have read the RFP and understand the conditions it contains. Our proposal is a firm and irrevocable offer valid for 120 days following the submission deadline of July 26, 2024. If you have any questions regarding our proposal, please consider me the City's primary point of contact and contact me directly. Sincerely, Kevin Price, MPP, PMP®, Prosci® CCP 2211 Congress Street ǀ Portland, ME 04102 207-541-2379 ǀ kprice@berrydunn.com 174 Table of Contents | i Table of Contents 1. Firm Overview .......................................................................................................................................................... 1 2. Relevant Experience................................................................................................................................................ 2 3. Project Methodology and Approach ....................................................................................................................... 4 4. Project Team .......................................................................................................................................................... 10 5. Project Schedule and Budget ............................................................................................................................... 11 Appendix A. Resumes ................................................................................................................................................ 12 175 Firm Overview | 1 1. Firm Overview BerryDunn is a nationally recognized independent management and IT consulting firm focused on inspiring organizations to transform and innovate. As a Limited Liability Company formed in 1974 with 69 principals and 34 owners, BerryDunn employs more than 800 staff across nine offices. Our Consulting Services Team has been serving state, local, and quasi-governmental agencies for over 30 years and includes more than 375 staff members. From extensive project experience for more than 650 state, local, and quasi-governmental agencies—including COB— our team brings valuable perspectives to every engagement. Our firm provides a full range of professional services that supports our ability to complete tasks outlined by COB on this initiative. These include:  Cost of Service and Fee Studies  Business Process Improvement, Reviews, and Redesign  Comprehensive/Master Planning  Enterprise and Departmental Strategic Planning  IT Assessments  IT Strategic Planning  Leadership and Organization Development  Organizational, Operational, and Staffing Analyses  Organizational Change Management  Performance Analyses  Project Assessments and Remediation  Software Planning and Procurement  Software Implementation Project Management and Oversight Additionally, our team members have prior experience leading state and local government agencies, providing them with an in-depth understanding of government operations, staffing needs, budgetary constraints, and the business processes required to provide necessary services to the internal divisions and the constituents COB serves. Figure 1 illustrates the overall organization of BerryDunn's Local Government Practice Group. We provide unparalleled expertise and unique insights across these practices, supporting our clients in solving some of their biggest challenges and addressing opportunities to improve and plan. Figure 1: Local Government Practice Group Specialization As mentioned, BerryDunn’s Community Development and Utility Operations Practice will serve COB on this initiative. This practice focuses on municipal and county policies, processes, fees, and systems related to engineering, public works, planning, zoning, permitting, inspections, development services, code enforcement, land management, work order, and asset management functions and is composed of industry experts with both firsthand and project experience. We proudly tailor our projects to recognize the work our clients do every day. We care about what we do, and we care about the people impacted by our work. 176 Relevant Experience | 2 2. Relevant Experience 2.1. Local Government Finance from Multiple Perspectives In Table 1, we provide a representative sample our team’s experience conducting fee study, cost recovery, and cost allocation planning projects for various local government departments across the country. This well- rounded perspective will bring value to COB as it strategically plans for the coming years. BerryDunn’s holistic approach will center both COB personnel and the constituents it serves. Table 1: Sample Experience of Services Provided Across Departments Department/Service Area Client Work Performed Community Development and Utility Operations Alachua County, FL Building and Fire Permit Fee Study City of Bozeman, MT Community Development Fee Review Study City of Gainesville, FL Building Permit Fee Study City of Gainesville, FL Fee Schedule Update City of Dallas, TX Comparative Building Permit Fee Study City of Fernandina Beach, FL Building Division Fee Study City of Homestead, FL Workflow and Comparative Fee Analysis City of Largo, FL Building Permit Fee Study City of Tucson, AZ Cost of Service Study and Fee Schedule Redesign Manatee County, FL Building and Development Services Fee Study Sonoma County, CA Fee and Cost Recovery Peer Comparison Town of Longboat Key, FL Comprehensive Fee Study Town of Smithfield, RI Water Rate Study Town of Smithfield, RI Sewer Rate Study Travis County, TX Development Review Process and Fee Study IT City of Irving, TX IT Department Cost Allocation Plan Citywide City of Villa Park, CA Fee and Rates Charges Study Parks and Recreation City of Bozeman, MT Recreation Cost of Service Study City of Cape Coral, FL Comprehensive Fee Study City of Jefferson City, MO Cost Recovery Study/Plan City of Ferguson, MO Cost of Service Analysis 177 Relevant Experience | 3 Department/Service Area Client Work Performed City of Grapevine, TX Cost Recovery, Fee Study, and Resource Allocation Plan City of Lynchburg, VA Cost of Service Analysis City of Mesa, AZ Cost of Service Analysis City of Mobile, AL Cost Recovery Analysis City of Gilbert, AZ Parks and Recreation Master Plan City of Raleigh, NC Cost of Service Analysis and Fee Study City of Sanibel Island, FL Cost of Service Analysis City of Tampa, FL Fiscal Analysis City of University Park, TX Cost of Service Consulting Granville County, NC Parks and Grounds Cost of Service Analysis Howard County, MD Fiscal Analysis Jackson County, MS Cost of Service Analysis Town of Amherst, MA Cost Recovery and Fee Analysis Town of Crestwood, CO Cost of Service Analysis Town of Queen Creek, AZ Cost of Service Analysis and Fee Study 178 Project Methodology and Approach | 4 3. Project Methodology and Approach 3.1. Understanding COB’s Needs Bozeman is a full-service City, affectionately known in the area as “the most livable place.” Characterized by its plethora of recreational activities and picturesque mountains, Bozeman is home to approximately 55,000 residents, several hundred of whom are COB employees. As this time, COB seeks a qualified consultant to determine the cost to provide various engineering services; identify the efficiency of current cost recovery levels; and recommend methodologies and fee changes necessary to achieve cost recovery now and in future years. This is where BerryDunn comes in. Our approach to conducting comprehensive cost of service and fee studies is rooted in developing a thorough understanding of the processes and personnel currently utilized by specified departments. Using this data and insight, we will develop a detailed cost model that identifies, calculates, totals, and allocates allowable direct and indirect costs to all applicable services. We then recommend methodologies for calculating fees and the amount of each fee. Additionally, we will leverage our knowledge and experience with COB and our process improvement expertise to determine the strengths and weaknesses of current service processes. We will interview select staff and stakeholders as directed—examples of which could be customers, residents, businesses, and community members—and consider data such as key functions, process flows, time frames, and duplicative functions. We will then provide recommended improvements. We will prepare both a Fee Study Report and Fee Study Model in draft form and solicit input from COB before updating the report and model to final. We will then present our report and cost model findings to select COB staff, select external stakeholders, and the City Council as directed. We find this presentation approach allows an opportunity for staff, stakeholders, and Council members to ask any final questions, provide additional feedback, and establish a higher level of buy-in, helping ensure the long-term success and adoption of the fee study recommendations. We understand what is being requested by COB and agree to provide the services necessary to achieve the goals and objectives of this project. 3.2. Project Management Methodologies To help ensure that project objectives are met, and initiation and completion of project work are conducted in a timely manner, each BerryDunn project is led by an experienced project manager who understands and utilizes project management best practices. In terms of COB’s project, Jesse Myott will lead the requested work effort. Jesse has served as project manager for numerous fee study projects, including our prior work with the City, and will help ensure the success of the City’s in-scope engagement. Our Consulting Services Team employs project management best practices from PMI®’s A Guide to the Project Management Body of Knowledge Guide (PMBOK® Guide), Version Seven. Figure 2, on the following page, illustrates the standards of project management as defined by performance domains and project delivery principles that are critical for effective delivery of project outcomes. 179 Project Methodology and Approach | 5 Figure 2: Performance Domains and Project Management Guiding Principles | PMBOK® Guide Change Management Methodology Stakeholders’ willingness to adopt new processes and tools plays a significant role in the success—or failure— of fee study projects. BerryDunn has observed resistance to change in virtually all our engagements. As such, our project management approach is carefully integrated with change management methodologies to promote buy-in and consensus for the project, and we will work with you to proactively address resistance by: • Engaging stakeholders at the right level throughout the project—from initial planning through implementation—to build understanding for the need for change and gain support from the people who will be using the future solutions and who are most familiar with current processes • Developing and executing a communications plan that considers the information needs of each stakeholder group • Documenting business processes and working with stakeholders to understand how their work will be performed in the future environment We have adopted the Prosci® change management methodology and trained over 100 consultants to become Prosci® Certified Change Practitioners (CCPs), including our proposed principal and project manager. A central focus of the Prosci® change management approach is the belief that, for change to work in an organization, individuals must be willing to change and understand change. Additionally, according to research conducted by Prosci®, the likelihood of project success increases significantly and in alignment with the level of change management focus applied to the project. 180 Project Methodology and Approach | 6 3.3. Work Plan BerryDunn strives to be flexible when it comes to developing and executing an effective work plan. We understand that no two projects are exactly alike, and our past clients have appreciated our willingness to adapt to their needs. This mindset plays a foundational role in how we measure the success of our portfolio of similar projects. Our approach to preparing COB’s fee study is outlined below and designed to incorporate consistent project management best practices with each of COB’s key deliverables and tasks. Our intent is to work with staff to help ensure we make the best use of your time. Ultimately, consistent collaboration can help promote buy-in and understanding for final recommendations. You can expect our approach to include the following attributes: • A methodology based on our extensive experience conducting similar cost of service, cost recovery, and fee studies • Quality assurance processes that incorporate COB review and approval of all deliverables • Built-in project management best practices that focus on keeping the project on time, on budget, and progressing at a healthy pace for COB stakeholders to give input in the information gathering and fact- finding process and understand final recommendations Figure 3 presents an overview of our proposed approach to completing COB’s desired scope of work. Figure 3: BerryDunn's Proposed Approach Below and on the following pages, we present a detailed breakdown of our approach to conduct the requested fee study. BerryDunn strives to be flexible when it comes to developing and executing an effective project plan. We understand that no two projects are exactly alike, and our past clients have appreciated our willingness to adapt to their needs. PHASE 0 Project Initiation and Management To establish a strong foundation for the project and help ensure a high-level of quality and communication throughout the engagement, we will utilize project management best practices based on PMI®’s PMBOK® 181 Project Methodology and Approach | 7 PHASE 0 Project Initiation and Management Guide and our experience conducting similar projects with municipal and county engineering, building and development, and public works departments throughout the country. COB can expect our team to complete the following project activities:  Thorough project planning, including an initial planning teleconference between BerryDunn’s team and applicable staff to confirm project goals, objectives, and expectations  Virtual kickoff meeting; following the initial planning call, we will conduct a virtual kickoff meeting with COB’s project team and identified stakeholders to discuss in greater detail the relationship of the current fees and charges environment, current cost recovery levels and targets, and current citywide goals and initiatives  Development of a detailed Project Work Plan and Schedule reflecting our proposal. Based on the information gathered from our initial project planning call and virtual kickoff meeting, we will develop the Project Work Plan and Schedule. This will outline the tasks, timelines, and identified milestones  Documentation and data review, including but not limited to current related fee schedules, lists of existing permit and service types and annual volume, revenue and expenditure budgets and reports, detailed revenue reports by permit or service type, organizational chart(s) and staffing rosters, personnel salary and benefit data, and other documentation deemed important to the study  Biweekly Project Status Meetings, which will describe activities and accomplishments for the reporting period, risk mitigation, deliverable reviews, scheduling discussions, and more Deliverable 1: Project Work Plan and Schedule Deliverable 2: Biweekly Project Status Updates PHASE 1 Cost of Service Analysis and Fee Analysis During Phase 1, our project team will interview staff and stakeholders virtually and review applicable fee schedules and budgets. We will use this information to assess Planning, Transportation and Engineering, and Public Works Support Services related to the Department’s current role in the infrastructure review process. We will examine the customer service involvement, perform a personnel analysis, and develop an initial cost model. Our goal will be to identify key direct and indirect resources related to Department service delivery. We will then project estimated cost incurred per applicable division, per service category, and where necessary for each specific step in the infrastructure review process. We will develop recommendations and recommend fees consistent with identified revenue requirements and cost recovery targets established in conjunction with staff and stakeholders. COB can expect our team to complete the following project activities:  Interview staff and stakeholders virtually  Review applicable fee schedules 182 Project Methodology and Approach | 8 PHASE 1 Cost of Service Analysis and Fee Analysis  Review applicable operating and capital budgets  Review revenue and expenditure reports (actuals)  Perform a personnel review  Project the full cost for providing services  Project the full cost for providing services by specific department/division, service category, and/or specific service step  Recommend methodologies for calculating fees and the amount of each fee to satisfy revenue requirements and cost recovery targets  Recommend where it is not feasible to recover the full cost of providing a service and also identify those instances where full cost recovery is attainable  Recommend fee for services the Department is currently providing but for which no fee is currently assessed Deliverable 3: Cost of Service Analysis and Fee Study PHASE 2 Proposed Fee Schedule Structure and Recommendations Utilizing the Cost of Service Analysis and Fee Study developed in Phase 1, our project team will identify and prioritize necessary service delivery elements for fee calculation methodologies and fee schedule structure and cost allocations and develop initial recommendations. We will review findings, priorities, and recommendations with internal and external stakeholders during two virtual workshops. COB can expect our team to complete the following project activities:  Facilitate virtual workshops  Validate fee schedule structure, fee calculation methodology, and full-cost allocation methodology  Where appropriate, demonstrate best practices and methodologies related to service delivery  Identify other deficiencies and areas for improvement  Develop recommendations, priorities, and implementation strategies  Provide additional consultative recommendations Deliverable 4: Proposed Fee Schedule Structure and Recommendations 183 Project Methodology and Approach | 9 PHASE 3 Draft Findings and Recommendations We will prepare a Draft Cost of Service and Fee Study Report, which we will share with staff and applicable stakeholders as directed. We will solicit feedback and discuss, document, and include desired modifications. We find that by sharing our initial findings and report with staff and stakeholders, we can establish consensus, build buy-in, and promote the long-term success of the recommendations and changes. Additionally, we will provide COB with the draft cost of service model in an easily accessible Microsoft Excel format. COB can expect our draft findings and recommendations to include the following:  Full-cost analysis and fee study findings related to the infrastructure review process environment  Revenue and expense allocations to services related to the infrastructure review process environment  Revenue requirement estimates and revenue projections for three fiscal years  Expense requirement estimates and expense projections for three fiscal years  Cost recovery targets  Fee design and calculation recommendations  Updated fee schedule(s)  Our review, analysis, and development of full-cost allocations for projected direct and indirect costs related to internal service delivery  Additional, applicable findings and recommendations Deliverable 5: Draft Cost of Service and Fee Study Report PHASE 4 Final Findings and Recommendations As final project closeout and knowledge sharing activities, we will apply edits to the Final Cost of Service and Fee Study Report, incorporating COB’s feedback. We will review final project deliverables with staff and applicable stakeholders virtually, as directed. We find that involving staff in preparation of the final documents helps to transfer knowledge and helps ensure the successful implementation of the final recommendations. COB can expect our team to complete the following project activities:  Update the Cost of Service and Fee Study Report and Cost of Service and Cost Allocation Model to final  Provide a single PDF file of the report and Microsoft Excel version of the cost model  Provide training to Department staff on the use of cost allocation model so that staff can independently update the model in subsequent years as needed  Present final project deliverables to the Department  Virtual Presence at presentation of final project deliverables to the City Council, if desired Deliverable 6: Final Cost of Service and Fee Study Report Deliverable 7: Final Cost of Service and Cost Allocation Model Deliverable 8: Final Presentations 184 Project Team | 10 4. Project Team Our team members bring valuable perspectives from their experiences providing project planning, project management, business process improvement services, fee studies, and more. Below, we highlight our project team members’ roles, responsibilities, and qualifications as it relates to COB’s requested services. Our project team members’ full resumes are included in Appendix A for COB’s further review and consideration. Kevin Price, MPP, PMP®, Prosci® CCP | Project Principal Kevin is a principal in our Local Government Practice Group. He leads our Community Development and Utility Operations Practice, assisting local government clients with fee analysis, business process improvement, system selection, and implementation projects. He also leads our Technology Management Practice focused on assisting local government clients with IT assessments and strategic planning projects. A certified Project Management Professional® (PMP®), Kevin has extensive experience in assessing the business needs and processes of municipal clients for permitting, inspections, planning, code enforcement, and land management functions. Kevin is also a Lean Six Sigma Green Belt, allowing him to continuously define, measure, analyze, improve, and control projects and environments for his clients. Further, Kevin has experience working with COB on two fee review studies. As the project principal, Kevin will:  Have overall responsibility for the services we have proposed to COB  Help ensure the commitment of our firm and appropriate resource allocation  Review and approve all deliverables in accordance with BerryDunn’s quality assurance processes Jesse Myott, MA | Project Manager Jesse is a manager in our Local Government Practice Group. He has over a decade of public-sector experience, focusing on supporting local governments with operating and capital improvement budget development and management; special fund accounting, revenue and expenditure forecasting; customer valuation; and cost of revenue analyses for municipal programs and services. Jesse has led multiple cost of service and cost allocation projects for local governments from California to Massachusetts and has conducted fee studies for community development departments in COB as well as the Cities of Fernandina Beach, Largo, and Gainesville, Florida, and Travis County, Texas. Jesse led BerryDunn’s recent Engineering Review Fee Study with COB. As the project manager, Jesse will:  Build and maintain a productive relationship with COB  Serve as COB’s primary point of contact  Lead our work and perform day-to-day project management and staff oversight  Lead the analysis and development of project deliverables  Develop and maintain the Project Work Plan and Schedule  Provide subject matter expertise 185 Project Schedule and Budget | 11 5. Project Schedule and Budget 5.1. Anticipated Schedule Table 2 presents a high-level overview of our proposed 12–16-week project schedule. We are happy to adjust this schedule to best accommodate the City’s needs, as appropriate. Table 2: BerryDunn’s Proposed Timeline Phase / Month 1 2 3 4 Phase 0: Project Initiation and Management ● Phase 1: Cost of Service Analysis and Fee Analysis ● ● ● Phase 2: Proposed Fee Schedule Structure and Recommendations ● Phase 3: Draft Findings and Recommendations ● Phase 4: Final Findings and Recommendations ● 5.2. Proposed Budget Our proposed fixed fee to complete our proposed work plan is broken down by phase in Table 3. We welcome the opportunity to review these costs based upon any feedback related to our work plan. Our fees are based on our experience conducting projects of similar size and scope, and the assumption that satisfying a deliverable is based on COB’s signed acceptance. We have proposed to complete this project entirely virtually. Table 3: BerryDunn’s Proposed Fees by Phase and Deliverable Phase Cost Phase 0: Project Initiation and Management $1,000 Phase 1: Cost of Service Analysis and Fee Analysis $3,525 Phase 2: Proposed Fee Schedule Structure and Recommendations $3,025 Phase 3: Draft Findings and Recommendations $1,250 Phase 4: Final Findings and Recommendations $1,150 Proposed Cost $9,950 186 Appendix A. Resumes | 12 Appendix A. Resumes Kevin Price, MPP, PMP®, Prosci® CCP PRINCIPAL EDUCATION AND CERTIFICATIONS Master’s degree, Public Policy and Management, Concentration in Financial Management, University of Southern Maine Bachelor’s degree, Economics and Political Science, University of Maine Project Management Professional® (PMP®), Project Management Institute® Prosci® Certified Change Practitioner Lean Six Sigma Green Belt Certified AFFILIATIONS AND MEMBERSHIPS  City of Westbrook, ME Planning Board, 2023 – Present  City of Westbrook, ME Sewer Commission – Member, 2021 – Present SELECT CLIENTS City of Bozeman, MT City of Dallas, TX City of Fernandina Beach, FL City of Gainesville, FL City of Largo, FL City of Tucson, AZ Kevin Price is a principal in BerryDunn’s Local Government Practice Group and leader of the Community Development and Utility Operations Practice. In this role, he assists local government clients with business process improvement, strategic and comprehensive planning, fee analysis, system selection, and implementation projects. A certified Project Management Professional® (PMP®), he has extensive experience assessing the business needs and processes of municipal clients for permitting, inspections, planning, code enforcement, and land management functions. Kevin is also a Lean Six Sigma Green Belt, allowing him to continuously define, measure, analyze, improve, and control projects and environments for his clients. RELEVANT EXPERIENCE Project Management: Kevin has managed large projects for some of BerryDunn’s most complex local government clients. He is adept at keeping projects on track and on schedule while meeting the dynamic and sometimes evolving needs of clients. He previously led BerryDunn’s Engagement Management and Vehicle Blight Projects for the City of San José, California. Fee Studies: Kevin has assisted BerryDunn clients with cost of service and comparative fee analysis projects. Kevin previously led our comparative fee analysis projects with the City of Homestead, Florida, and the City of Dallas, Texas, as well as fee studies for the Cities of Gainesville, Largo, and Fernandina Beach, Florida; Manatee County, Florida; the Town of Longboat Key, Florida; the City of Tucson, Arizona; and the City of Bozeman, Montana. Public Works: Kevin leads many of BerryDunn’s projects with municipal public works departments and has a keen understanding of the services these departments provide, the stakeholder groups involved, and the processes, systems, and fees necessary for service delivery. He has led related projects for the City of Boston, Massachusetts; City of Pearland, Texas; and City of Philadelphia, Pennsylvania. Process Analysis and Improvement: Kevin has assisted BerryDunn clients with process improvement projects as part of system replacement projects and as standalone projects. Kevin has previously led the process improvement projects with the Cities of Rockville, Maryland; Scottsdale, Arizona; Philadelphia, Pennsylvania; and Frisco, Texas. He also led the mapping of Community Development and Utility Operations processes for the City of Richland, Washington. Software Needs Assessments: Kevin has helped guide BerryDunn clients as they select and transition to updated software systems. He excels at understanding the as-is conditions of a client’s current environment and helping the client define their preferred future in the form of to-be attributes. He has previously worked with the City of Irvine, California on a needs assessment of their permitting software. 187 Appendix A. Resumes | 13 Jesse Myott, MA MANAGER EDUCATION AND CERTIFICATIONS Master’s degree, History, San Francisco State University Bachelor’s degree, History, University of Rhode Island Associate degree, Champlain College AFFILIATIONS AND MEMBERSHIPS  California Society of Municipal Finance Officers (CSMFO) (former)  Municipal Management Association of Northern California (MMANC) (former) SELECT CLIENTS City of Bozeman, MT City of Cape Coral, FL City of Dallas, TX City of Denver, CO City of Fernandina Beach, FL City of Gainesville, FL City of Homestead, FL City of Largo, FL City of Tucson, AZ Town of Mountain View, CO Town of Smithfield, RI Jesse Myott is a manager in our Local Government Practice Group. He brings over a decade of public-sector experience, focusing on supporting municipalities with operating and capital improvement budget development and management; special fund accounting, revenue and expenditure forecasting; customer valuation; and cost of revenue analyses for municipal programs and services. Jesse has led multiple cost of service and fee study projects for local governments across the country. RELEVANT EXPERIENCE Fee Studies: Jesse has authored highly complex and sensitive fee studies, created detailed subsidy analyses, and developed cost recovery models as well as water and sewer rate setting models for municipalities across the country, most recently for the City of Bozeman, Montana; City of Raleigh, North Carolina; Town of Smithfield, Rhode Island; the Cities of Gainesville and Largo, Florida; and the Counties of Alachua and Manatee, Florida. Process Analysis and Improvement: Jesse is an experienced municipal finance and management professional with over a decade of experience serving in many local government areas, both as an analyst and in senior management roles. His municipal business process knowledge extends through city administration, public works, water delivery and waste collection services, solid waste collection, public safety, economic development and redevelopment, library and recreation services, human resources, capital improvement program development, facility planning, compensation and benefits analysis, and citywide operating budget planning, monitoring, and delivery. Utilities Operations: Jesse has years of utility operations experience, specifically in water and sewer utility management. This experience includes operating and capital improvement budget development and delivery, rate setting, water distribution infrastructure finance planning, and collection infrastructure finance planning. Prior to joining BerryDunn, Jesse served as director of finance and administration for the public works department as well as acting superintendent of public works for an interim period. Finance: Jesse brings over a decade of public-sector experience. In addition to being an adept municipal finance professional, Jesse is particularly accomplished in public works and engineering budget development and delivery, as well as capital improvement project budget development and delivery. Prior to joining BerryDunn, he served as financial analyst and management analyst for the Cities of South San Francisco and Daly City, California, respectively. PUBLICATIONS AND PRESENTATIONS  Massachusetts Recreation and Park Association (MRPA) Annual Conference Speaker 2015 – Cost Recovery Methods 188 Memorandum REPORT TO:City Commission FROM:Ben Bailey - Neighborhood Services and Code Compliance Program Manager SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement First Amendment with Clean Slate Group, LLC for 2024-2025 Sidewalk Snow Removal Services MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign a Professional Services Agreement First Amendment with Clean Slate Group, LLC for 2024-2025 Sidewalk Snow Removal Services. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Bozeman Streets Division has historically lacked the staffing capacity to clear sidewalks citywide. Bozeman Municipal Code therefor assigns sidewalk snow removal duties to the adjacent property owner. The City's Code Enforcement Division is then responsible for ensuring compliance. When a property owner is delinquent in clearing the sidewalks for which they are responsible, the city retains contractor services to complete the work which is then assessed back to the property owner. Anticipated costs of this annual service allows for the city to seek quotes from which a contractor can be selected. Requests were sent to four contractors two of which were willing to respond. Of those quotes, Clean Slate presented both lowest cost and best proposal, including recommendations. This is an extension from a previously signed PSA with Clean Slate Group to facilitate sidewalk snow removal citywide UNRESOLVED ISSUES:None ALTERNATIVES:As Directed by City Commission FISCAL EFFECTS:Negligible, financial responsibility falls upon property owner per Bozeman Municipal Code. All costs incurred are invoiced back to the appropriate property owner by City Finance. 189 Attachments: PSA_-_23-24_Sidewalk_Snow_Removal__2_.pdf PSA Amendment Clean Slate Group FY 25 (signed).pdf Report compiled on: August 22, 2024 190 Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2023 (“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, Clean Slate Group, 34 Outlier Way, Bozeman, MT 59718, 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 1st day of June, 2024, 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 191 Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 2 of 11 perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. In performing the services under this Agreement, Contractor shall give preference to the employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers both skilled in their trade and specialized in their field of work for all work to which they are assigned. Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for 192 Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 3 of 11 Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of the requirements set forth in the above State of Montana schedule of prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll records during the term of this Agreement and for a period of three (3) years following termination of this Agreement. The Contractor shall ensure that any person, firm or entity performing any portion of the services under this Agreement for which the contractor, subcontractor or employer is responsible, is paid the applicable standard prevailing rate of wages. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in 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 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 193 Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 4 of 11 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 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 194 Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 5 of 11 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. 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. 195 Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 6 of 11 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. 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 196 Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 7 of 11 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 Mark Carpenter or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Scott Aamodt 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. 197 Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 8 of 11 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. 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 198 Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 9 of 11 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: 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 199 Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 10 of 11 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 electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 200 Professional Services Agreement for Code Compliance Snow Removal Services 2023- 2024 Page 11 of 11 31. Extensions: This Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than June 1st, 2025. **** 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 CLEAN SLATE GROUP CONTRACTOR By________________________________ By__________________________________ Jeff Mihelich, City Manager Ryan Rickert, President Print Name: _________________________ Print Title: _________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 201 202 203 Memorandum REPORT TO:City Commission FROM:Ben Bailey - Neighborhood Services and Code Compliance Program Manager SUBJECT:Authorize the City Manager to Sign a First Amendment Portable Toilet Agreement with TLC (TLC Septic & Excavation Inc.) for Portable Toilet Services at Select Urban Camping Areas in the City of Bozeman MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a First Amendment portable toilet agreement with TLC (TLC Septic & Excavation Inc.) for portable toilet services at select urban camping areas in the City of Bozeman. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The City of Bozeman is committed to keeping the community safe and clean. This work includes a focus on public right of ways where urban camping is occurring. At the direction of City Commission, the city will coordinate with vendor TLC Septic and Excavation Inc, the placement of portable toilets at predetermined urban camping areas within in the city. The goal is to reduce biohazards in these areas by offering access to portable restroom units (portable toilets). This effort is in support of the newly created Neighborhood Services Division, a division that will work on code compliance/enforcement, building community relationships and complimenting the work of the city's social service partners by connecting people in need to resources. Contract Timeline: February 2024 through June 2024 with option to renew for additional year (July 2024 thru June of 2025). Objectives: Objective 1: To place 10 portable toilets at select locations in the City of Bozeman at areas where urban camping is occurring to reduce biohazardwaste and keep the entire community safe. Task 1.1: Place portable toilets at select locations identified by the City of Bozeman’s Neighborhood Services team (location information will be shared with vendor and map provided along with city staff meeting vendor on locations to ensure correct placement). At the time of this agreement the following areas have been identified but can change based on need. Max Ave 204 and Rawhide Road area Nelson Meadows Road area Wheat Drive 11th Ave near Patrick St. Baxter Meadows area Equestrian Rd. Galloway St. Kimberwicke St. Veronica Way Implementation: Beginning in February 2024 the vendor will place 10 portable toilets at the above noted locations in the City of Bozeman and maintain the monthly service through June 2024, at which time the contract can be extended for one additional year if desired by contractor and the City. Units will be serviced one time per week. Any additional servicing will cost $85 per unit, per clean. Monthly Budget: The estimated monthly cost of this professional service is $3000 which includes $400 budgeted for unexpected needs/expenses. $210 per portable toilet a month X 10 toilets = $2100 $50 per unit for winter additive to prevent units from freezing. 10 units x $50 = $500 $400 for unexpected or additional monthly costs = $400. Payment: February 2024 – June 2024: The City will pay TLC upon receipt of monthly invoices for 5 months (February 2024 through June 2024). Expenses shall not exceed $20,000 (including $5000 for unexpected expenses or additional units) for the duration of the 5-month period (February 2024 through June 2024). Extended Year: July 2024-June2025. If both parties agree to extend the contract for an additional year expense shall not exceed $41,000 for the additional year (July 2024 through June 2025 – 12 months x $3000 per month + $5000 for unexpected costs/additional units). UNRESOLVED ISSUES:None. ALTERNATIVES:As Directed by City Commission. FISCAL EFFECTS:The contract allows for "up to $41,000" for TLC services from July 1st 2024 until June 30th 2025. The money has been budgeted within the operations and maintenance portion of the Neighborhood Services Division, under Contracted Services. Attachments: City of Bozeman Neighborhood Services Program Extention 2024 First Amendment PSA.pdf City of Bozeman Neighborhood Services Program Professional Agreement 2024.pdf 205 Report compiled on: August 22, 2024 206 207 208 209 210 211 212 213 214 215 216 217 218 219 Memorandum REPORT TO:City Commission FROM:Shawn Kohtz, Utilities Director Nick Ross, Transportation and Engineering Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement Amendment Number 2 for the Engineering Design Standards Update with Morrison Maierle MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign Professional Services Agreement Amendment Number 2 for the Engineering Design Standards Update with Morrison Maierle. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Phase 2 work on a comprehensive update of the City engineering standards is nearly complete. The work consists of an overhaul of the City of Bozeman Design Standards and Specifications Policy (DSSP) and the City of Bozeman Modifications to the Montana Public Works Standard Specifications. The original agreement for Phase 1 work was executed in fiscal year 2021. The first contract amendment for Phase 2 work was executed in 2023. The overarching function of the DSSP and City Modifications is to protect public health and safety, provide for clear design criteria, provide review procedures and inspection requirements, and generally promote operational efficiency while minimizing cost of public infrastructure. The current DSSP was formally adopted in 2004 and has been updated via seven addendums since that time. Additionally, the Montana Public Works Standard Specifications (MPWSS), sixth edition, from April 2010 has been revised, and a new comprehensive MPWSS Version 7 was recently released. The City Modifications to these standards must be updated to amend the MPWSS for local conditions. Primary objectives of this comprehensive update are to modernize the standards, organize the standards for clarity, investigate and implement changes to advance affordable housing by minimizing life-cycle costs associated with public infrastructure, include design criteria from the City’s infrastructure facility plans, and ensure consistency with state and federal 220 regulatory requirements. Phase 2 work included community engagement largely focused on the design professional community and also included feedback from the Sustainability Board and Community Development Board. This scope and fee amendment is to capture additional work requested of Morrison Maierle outside of their original scope of work for Phase 2 services. Additional scope of work is detailed in the attached Exhibit A – City of Bozeman Design Standards Update – Additional Services Amendment. UNRESOLVED ISSUES:None Identified. ALTERNATIVES:As determined by the City Commission. FISCAL EFFECTS:The amendment cost is $32,000. The original Phase 2 cost via prior approved contract is $267,200. The total Phase 2 cost including this amendment and the original Phase 2 work is therefore $299,200. The available budget for the work is sufficient for the combined amendment and original Phase 2 contract. Attachments: PSA Amendment Exhibit A -Amendment Phase 2 Engineering Standards Report compiled on: August 23, 2024 221 1 Amendment No. 2 to Professional Services Agreement for City of Bozeman Design Standards Update THIS AGREEMENT is made as of this ________ day of ____________________, 2024, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER and Morrison-Maierle, an Engineering Consulting Firm of Bozeman, Montana, herein referred to as ENGINEER. WHEREAS, the parties have entered into a Professional Services Agreement dated January 14, 2021, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: amend the scope and fee to provide for Additional Services to Phase 2 of the City of Bozeman Design Standards Update Project per the attached Exhibit A. Except as specifically amended herein, the original agreement shall remain in full force and effect and the Parties shall be bound by all terms and conditions therein. IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN By: ______________________________________ ATTEST: ________________________________________ Mike Maas City Clerk APPROVED AS TO FORM By:____________________________________ City Attorney ENGINEER By:_______________________________________ Its:______________________________________ ATTEST: By:___________________________________ 222 August 15, 2024 Shawn Kohtz, PE City of Bozeman 20 E. Olive Street Bozeman, MT Re: City of Bozeman Design Standards Update – Additional Services Amendment Dear Mr. Kohtz: The Morrison-Maierle/DOWL Team is pleased to provide you with a scope and budgetary fee proposal for additional services requested by the City of Bozeman related to the Engineering Standards Update project. This proposed contract amendment includes the following Additional Services: - Project Management o Extended schedule associated with the additional round of public comment. - Accessibility Formatting o The City required all documents published on the City’s website be formatted to meet accessibility standards which requires additional formatting effort. Accessibility formatting was performed prior to publishing the Preliminary Draft Standards, the Final Draft Standards, and will be performed prior to publishing Final Standards. - Additional Public Comment Period o Stakeholders requested an additional public comment period prior to publishing the final standards. - Comprehensive Infrastructure Cost Estimates o The City requested an in-depth infrastructure cost analysis of multiple subdivisions which required additional effort. The estimated fees for the above Additional Scope of Services is $32,000. The Morrison-Maierle/DOWL Team has enjoyed working with you to update the City of Bozeman’s Design Standards and is looking forward to finalizing the new documents. If you have any questions, please don’t hesitate to contact me. Sincerely, Morrison-Maierle ______________________________ Brad Hammerquist, PE Project Manager cc: File 223 Memorandum REPORT TO:City Commission FROM:Jesse DiTommaso, Economic Development Specialist David Fine, Economic Development Program Manager Brit Fontenot, Economic Development Director SUBJECT:Authorize the City Manager to Sign a Task Order 10 with Economic and Planning Systems for a Financial Review of the Wallace Works Tax Increment Finance Request MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign a task order 10 with Economic and Planning Systems for a financial review of the Wallace Works tax increment finance request. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Northeast Tax Increment Finance (TIF) assistance program exists to promote projects that meet its criteria to drive growth in taxable value for long-term benefit of the wider community, and create demand for market driven redevelopment. At this phase in the Northeast Urban Renewal District (NURD) redevelopment lifecycle, few projects containing the targeted criterion elements are financially feasible, "but for" TIF incentives. Incentives may create the potential for higher returns to mitigate higher risk, which will likely attract investment that would not occur without these incentives. In order to ensure public money is not used to unduly enrich private developers, a financial analysis of projects is done. This task order is to conduct an independent financial review of the Wallace Works real estate project and its request for tax increment financing. The purpose is to determine if the project has a financing gap that warrants the investment of public funds to make the project feasible. UNRESOLVED ISSUES:None. ALTERNATIVES:As recommended by the Commission. FISCAL EFFECTS:The Task Order is not to exceed $12,260 and is available in the Northeast Urban Renewal District Budget. 224 Attachments: Task Order 10 - Wallace Works with exhibit.pdf Report compiled on: August 19, 2024 225 City of Bozeman Term Contract with Economic & Planning Systems, Inc. Task Order Number 10: Wallace Works Tax Increment Financing Request Analysis PROJECT: Wallace Works Tax Increment Financing Request Issued under the authority of the City of Bozeman Professional Services Agreement Term Contract with Economic and Planning Systems, Inc. to support Economic Development and Community Housing programs. This Task Order is dated September 10, 2024 between the City of Bozeman Economic Development Department and Economic & Planning Systems, Inc. (EPS) (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Jesse DiTommaso, Economic Development Specialist Contractor: Brian Duffany, Principal, Economic & Planning Systems SCOPE OF WORK: Proforma Analysis of the Wallace Works Real Estate Project COMPENSATION: EPS will bill for its services on a time and materials basis not to exceed $12,260 IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Economic & Planning Systems Chuck Winn Brian Duffany Interim City Manager Principal 226 Economic & Planning Systems, Inc. 233073-4 Wallace Works TIF Review Scope.docx 1 Scope of Work Project Name: Wallace Works TIF Review (801 N Wallace Ave) EPS Project # 233073-5 City Task Order Number: 14 Budget: $12,260 This scope of work is to conduct an independent financial review of the 7th and Aspen real estate project and its request for tax increment financing. The purpose is to determine if the project has a financing gap that warrants the investment of public funds to make the project feasible. The work includes the following major tasks: • Calls with development team to review proforma and ask follow-up questions • Market research to verify proforma cost and revenue assumptions • Excel proforma modeling • Draft and final memorandum to staff with a summary of the findings. The estimated budget by staff level is shown below and is not to exceed $12,260. EPS may allocate hours across staff levels as needed so long as the total cost is not exceeded without authorization from the City. Description Principal Senior Associate Associate Research Analyst Total Billing Rate $250 $175 $150 $110 Proforma Analysis 12.00 8.00 48.00 6.00 $12,260 227 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Resolution 5639, Resolution of Adoption to Adopt the SRX II Growth Policy Amendment to Amend the Future Land Use Map from Urban Neighborhood to Community Commercial Mixed-Use. The Property is Located Northeast of South 19th Avenue and Graf Street; Application 24195 MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5639 STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:The Commission unanimously (4:0) approved Application 24195 on August 13, 2024, to amend the Bozeman Community Plan 2020 Future Land use Map from Urban Neighborhood to Community Commercial Mixed Use on 9.123 acres, including adjacent right-of-way. The Growth Policy Amendment is associated with zone map amendment, which was also approved on August 13, 2024, to change the zoning from R-O, Residential Office to B-2M, Community Commercial Mixed, see application 24196. Final documents for the growth policy amendment were received by the Applicant on August 21, 2024. UNRESOLVED ISSUES:There are no unresolved issues with this Resolution. ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this growth policy amendment. Attachments: 24195 SRX II GPA Resolution of Adoption 5639.pdf 001 - GPA MAP.pdf Report compiled on: August 27, 2024 228 229 Version April 2020 RESOLUTION 5639 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO ADOPT AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE BOZEMAN COMMUNITY PLAN BY THE SRX II GROWTH POLICY AMENDMENT AMENDING THE FUTURE LAND USE MAP FROM URBAN NEIGHBORHOOD TO COMMUNITY COMMERCIAL MIXED USE, APPLICATION 24195. WHEREAS, the City of Bozeman has had a comprehensive plan (growth policy) since 1958, and WHEREAS, the City of Bozeman adopted its most current growth policy known as the Bozeman Community Plan (BCP) through Resolution 5567 on November 17, 2020, and WHEREAS, the Bozeman Community Plan, Section 5, establishes criteria for the amending of the document, and WHEREAS, an application has been received to amend the Future Land Use Map of the growth policy, and WHEREAS, on June 18, 2024, the Bozeman City Commission adopted Resolution No. 5598, a Resolution of Intent to modify the Future Land Use Map of the Bozeman Community Plan as requested by the applicant; and WHEREAS, in accordance with 76-1-602, MCA, on July 15, 2024, the Bozeman Planning Board conducted a public hearing to receive and review all written and oral testimony on the growth policy amendment application; and WHEREAS, the Bozeman Planning Board’s motion to approve the SRX II GPA application No. 24195 as requested by the applicant passed 5:0; and WHEREAS, on August 13, 2024, the City Commission conducted a public hearing prior to taking any action to adopt or revise a growth policy; and 230 Version April 2020 WHEREAS, following the public hearing, the City Commission passed a motion to approve modification to the Future Land Use Map as requested by the applicant. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 In accordance with the requirements of Section 76-1-604 MCA, application No. 24195, the SRX II application for amendment and revision to the Bozeman Community Plan Future Land Use Map, is hereby approved. The amendment changes the designation from Urban Neighborhood to Community Commercial Mixed Use on 9.123 acres more or less. The property is described as: A Tract of land in the Southwest One-Quarter (SW ¼) of the Northwest One-Quarter (NW ¼) of Section 24, Township 2 South, Range 5 East, P.M.M, City of Bozeman, Gallatin County, Montana, being more fully described as follows: Commencing from the N 1/16th corner of Section 24; thence S.0°42'18" E. along said section line for a distance of 622.28 feet to the Point of Beginning; thence N.89°23'18" E. for a distance of 593.92 feet; thence S.0°36'42" E. for a distance of 668.14 feet; thence S.89°05'06"W. for a distance of 592.83 feet to the section line common to sections 23 and 24; thence N.0°42'18" W. along said section line for a distance of 671.27 feet to the Point of Beginning. Containing in area 9.123 acres. Section 2 A public hearing was advertised and conducted on August 13, 2024, for the purpose of receiving public testimony on application 24195, SRX II Point Growth Policy Amendment to the Future Land Use Map. All written and oral public comment was received and considered during Commission deliberations prior to the vote to approve. 231 Version April 2020 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ______________, 2024. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 232 18S18S18S18S18S18S18S18S18S18S18S18S18S24W24W24W24W24W24W24W24W24W24W24W24W12W 12W 12W SD SD SD SD SD SD SD 18S18S10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10S 10S 10S 10S 10S 10S 10S 18SD18SDS SS S S S 30SD30SDR=300.00' L=136.99' Δ=26°09'45" CB=S76°00'20"W CH=135.80' R=300.00' L=141.03' Δ=26°56'07" CB=S76°23'31"W CH=139.74' S89°05'06"W 1050.03'S0°09'06"E 1225.02'N0°42'18"W 1293.56'N89°23'18"E 1360.23' S89°05'06"W 30.00'S0°36'42"E668.14'671.27'592.83'622.28'457.20' N0°36'42"W 254.93' R=150.00' L=124.25' Δ=47°27'38" CB=N23°07'07"E CH=120.73' R=150.00' L=124.50' Δ=47°33'14" CB=N23°04'19"E CH=120.95' N46°50'56"E 60.01' N0°42'18"W 105.50' N89°23'18"E 593.92' 736.15'624.08' ©COPYRIGHT MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2024 Plotted by rosie nickelson on Aug/21/2024N:\5659\018 Providence - ZMA Blk 1 MS 494\ACAD\Exhibits\5659018-GROWTH POLICY - SRX North 042423.dwgGROWTH POLICY AMENDMENT BOZEMAN MONTANA 5659.018 EX-1 JCW JCW MEE 08/2024engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 200SOUTH 19TH AVENUE2024 NE CORNER SOUTH 19th AVENUE & GRAF STREET GROWTH POLICY MAP AMENDMENT LEGAL DESCRIPTION GRAF STREET YELL O W S T O N E T H E O L O G I C A L INSTI T U T E M I N O R S U B 4 9 4 LOT 2MINORSUB 235ALLI S O N S U B PHASE 4 A, L O T 1PLAT J-702ABOZE M A N COMM U NI T Y P L A N FUTU R E L A N D U S E: RESID E N T I A L MIXED U S E BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D COMMUNITY COMMERCIAL MIXED USE A Tract of land in the SW1/4 NW1/4 of Section 24, Township 2 South, Range 5 East, P.M.M, City of Bozeman, Gallatin County, Montana, being more fully described as follows: Commencing from the N 1/16th corner of Section 24; thence S.0°42'18" E. along said section line for a distance of 622.28 feet to the Point of Beginning; thence N.89°23'18" E. for a distance of 593.92 feet; thence S.0°36'42" E. for a distance of 668.14 feet; thence S.89°05'06"W. for a distance of 592.83 feet to the section line common to sections 23 and 24; thence N.0°42'18" W. along said section line for a distance of 671.27 feet to the Point of Beginning.SOUTH 15TH AVEPOINT OF COMMENCEMENT EXITI N G Z O NI N G: R- 1 & R - 2 9.123 A C ALLIS O N S U B PHAS E 4 A, L OT 2PLAT J-702ALOT 1MIN OR SUB 235BLOT 1, BLOCK 3SOUTHUNI V E RSI T Y DISTRICT PH 3PLAT J-695CITY PARK 3SOUT H UNIVERSITYDISTRICT PH-3PLAT J-695 ARNOLD STREET 14TH AVENUEYELL O W S T O N E T H E O L O GI C A L INSTIT U T E MI N O R S U B 4 9 4 LOT 1, B L O C K 2 TRACT AMINORSUB 235ALOT 3MIN O R SUB 235ABOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIG H B O R H O O D BOZEM A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D ALLISON SUBPHASE 4A, LOT 1PLAT J-702 A PRO P O S E D G R O W T H P O LI C Y COM M U NI T Y C O M M E R CI A L MIXE D U S E GPA BOUNDARY POINT OF BEGINNING 233 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Downtown Bozeman Partnership SUBJECT:Resolution 5640, Authorizing the City Manager to Sign Change Order 1 with CK May for the Installation and Connection of the Fire Line at 33 South Tracy MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve Resolution 5640, Authorizing the City Manager to Sign Change Order 1 with CK May for the installation and connection of the fire line at 33 South Tracy. STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers – including higher densities and intensification of use in these key areas. BACKGROUND:This amendment to Change Order 1 proposes an increase of $36,600.00 to the overall contract price for the installation and connection of a fire line at 33 South Tracy. This change order is an addition to the work on the 2024 Street and Utility Improvements Project - South Tracy Stormwater Improvements. The opportunity to incorporate this public utility work at the 33 S. Tracy site arose due to additional backfill work required on an adjacent property under the current South Tracy Stormwater contract. The total amount will be covered by the Downtown Urban Renewal District as part of the public utility improvements, which are included in the approved FY25 DURD work plan and budget. To comply with the City of Bozeman's purchasing policy, we have obtained two quotes for this work, which are attached for reference. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:The changes included in this result in an increase of $36,600.00 to the overall contract price, to be paid by the Downtown Urban Renewal District. Attachments: Resolution 5640 33 S Tracy-CO1 .pdf Change Order Proposal 01_S. Tracy Ave (33 S. Tracy Fire Line)_08.21.24.pdf 234 33 S TRACY F 1.0 CIVIL.pdf Owner Spreadsheet (inc Site Breakout) 240725.pdf sprinklers updated - langlas.pdf Notice of Award CK May 2024 Street and utility Improvements proj.pdf Report compiled on: August 27, 2024 235 Version February 2023 RESOLUTION 5640 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS, The City Commission did, on the 6th day of June, 2024, authorize award of the bid for the 2024 Street and Utility Improvements Project, to CK May Excavating, Inc., Belgrade, Montana; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make date modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications to the contract between the City of Bozeman, a municipal corporation, and CK May Excavating, Inc. as contained in the Change Order 1, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature, to wit: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 10th Day of September, 2024. 236 Version February 2023 ___________________________________ Terence Cunningham Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 237 Page 1 of 1 Change Order Proposal CK May Excavating, Inc P.O. Box 1426 Belgrade, MT, 59714 jim@ckmayexcavating.com QUOTE TO: Attn: Kellen Gamradt City of Bozeman 20 E. Olive St. 1st Floor Bozeman, MT 59715 kgamradt@bozeman.net JOB LOCATION DATE City of Bozeman: 2024 Street and Utility Improvements Project - S. Tracy Stormwater Imrpvements Bozeman, MT 08/21/2024 ITEM DESCRIPTION 01  Connect to existing 8” cast iron water main with tapping tee and FLxMJ gate valve  Install 40.84 LF of 4” CL51 ductile iron pipe  Install 4” OS&Y valve  Complete concrete and asphalt surface restoration for work associated with the fire line installation TOTAL: $36,600.00 Clarifications:  No flowable fill is included in this proposal  It is assumed that a Uni-Flange is an acceptable product for the coated steel wall plate. 238 AHI Design Studio TI Based Upon:2024-0606_AHI DD Drawings for pricing BUILDING DIVISION 1 GENERAL CONDITIONS $125,266 INCLUSIONS: Supervision $47,575 Project Management $52,981 Cell phone, toilets, office supplies, closeout $3,625 ProCore, technology $2,085 Equipment, rental, dumpsters, fuel, safety $19,000 EXCLUSIONS: Builders Risk Insurance Building Permit and Plan Review Fee Winter Conditions Testing & Special Inspections DIVISION 2 CLEANING $10,392 INCLUSIONS: Final Cleaning $5,196 Continuous Construction Cleaning $5,196 EXCLUSIONS: DIVISION 2 DEMOLITION $23,018 INCLUSIONS: Asbestos abatement $18,418 Abatement Survey $4,600 EXCLUSIONS: DIVISION 3 CONCRETE $78,164 INCLUSIONS: Foam board and visqueen below basement slab $11,762 Basement slab pourback $47,760 Basement slab grind and seal (salt and pepper finish)$18,642 EXCLUSIONS: Structural improvements at foundation/slab on west side DIVISION 4 STONE/MASONRY $0 INCLUSIONS: 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 4555 Valley Commons Drive Bozeman, MT 59718 P 406.585.3420 F 406.585.4110 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005 240 EXCLUSIONS: Front Façade Restoration Beneath Storefront Allowance to strip, clean or limewash brick at old stairs DIVISION 5 STEEL $2,100 INCLUSIONS: Awning on west side of buildling (Allowance) EXCLUSIONS: Front Façade Metalwork Architectural Steel, Storefront Steel Railings, balusters, and guardrails DIVISION 6 CARPENTRY $195,195 INCLUSIONS: Interior demolition $29,500 Rough wood framing - material and labor $63,833 Structural modifications (stair, skylights) material and labor $20,583 Pick up framing, soffits, blocking, backing $26,592 Finish carpentry material and labor $39,403 Stairs and Railing Allowance $19,084 EXCLUSIONS: All items on Finishes Schedule noted as OP Reclaimed wood of any kind Cabinets - Bases and Uppers labor $8,700 Countertops Windows/Doors DIVISION 7 THERMAL/MOISTURE PROTECTION $37,167 INCLUSIONS: Insulation and interior sound batts $12,237 Lean to membrane roof $10,150 Skylight roof repairs $5,375 Lean to Tyvek and siding material and labor $8,508 Gutter and downspout $897 EXCLUSIONS: Roof repairs unrelated to project described DIVISION 8 DOORS AND WINDOWS $13,250 INCLUSIONS: Installation of owner supplied "exterior" windows and doors $8,400 New cylinders and keying $1,050 Skylight Install $3,800 EXCLUSIONS: Door and window materials Skylights Front Entrance Door Slab/ Install (Owner Provided) Hardware Storefront DIVISION 9 FINISHES $68,014 INCLUSIONS: Basement drywall hang and tape $13,024 Main Floor drywall hang and tape $12,621 Lean to hang and tape $2,899 Painting $17,210 Scrub and seal existing concrete $3,006 Tile installation $10,567 Floor Protection $8,689 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 4555 Valley Commons Drive Bozeman, MT 59718 P 406.585.3420 F 406.585.4110 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005 241 EXCLUSIONS: East side exterior finishes Ceramic tile material (provided on request) Flooring tile material (provided on request) Floor leveling Wood flooring finish/refinish (If Langlas sub)$31,757 Owner provided finishes Tile Backsplash Labor & Material DIVISION 10 SPECIALTIES $3,810 INCLUSIONS: Corner guards, fire existinguisher Cabinets, ADA signage $3,370 Installation labor $440 EXCLUSIONS: Appliances DIVISION 21 FIRE SUPPRESION $22,495 INCLUSIONS: Basement fire suppression system and design EXCLUSIONS: Main Floor Suppression and Design DIVISION 22 PLUMBING $78,517 INCLUSIONS: Basement radiant heat package $39,000 Balance of plumbing complete $35,765 Plumbing fixture ALLOWANCE $3,752 EXCLUSIONS DIVISION 23 MECHANICAL $58,425 INCLUSIONS: HVAC complete Demo existing ductwork New spiral and registers on main floor Main floor mini split cassettes (3 each) Basement mini split Bath fans (x4) EXCLUSIONS: HVAC and circulation for basement 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 4555 Valley Commons Drive Bozeman, MT 59718 P 406.585.3420 F 406.585.4110 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005 242 DIVISION 26 ELECTRICAL $69,350 INCLUSIONS: ALLOWANCE EXCLUSIONS NWEnergy Fees DIVISION 27 COMMUNICATIONS $19,418 INCLUSIONS: Data cabling and server rack ALLOWANCE EXCLUSIONS: DIVISION 28 ELECTRONIC SAFTEY AND SECURITY $6,762 INCLUSIONS: Security System ALLOWANCE Access Control ALLOWANCE EXCLUSIONS: DIVISION 31 EARTHWORK (BASEMENT SLAB PREP)$18,392 INCLUSIONS: Conveyor $3,500 Gravel In $5,912 Removal of existing soils $8,980 EXCLUSIONS: TOTAL BUILDING $829,735 SITE DIVISION 32 SITEWORK $64,775 INCLUSIONS: Traffic Control for Tracy Avenue shut down C.O.B. required performance and payment bond Sawcutting Excavation Installation of new 4" fireline to building Backfill, asphalt and concrete patch EXCLUSIONS: Continuous installation inspection (Civil Engineer) West Alley Civil Work TOTAL SITE $64,775 BUILDING & SITE TOTALS $894,510 BUSINESS INSURANCE $8,945 SUBTOTAL COST $903,455 OH&P 10.00%$89,451 TOTAL CONTRACT AMOUNT $992,906 Column1 Breakout for Downtown Bozeman Grant Math Total Sitework 64,775.00$ General Conditions ((sitework/ Total Building+Site)*base conditions)) 106,266.35*0.0842 8,947.63$ OH & P .1*(64775+8947.63) 7,372.26$ Business Insurance .01*(64775+8947.63) 737.23$ Total Cost of Sitework to Owner 81,832.12$ 2270 Grant Road Billings, MT 59102 P 406.656.0629 F 406.656.1088 4555 Valley Commons Drive Bozeman, MT 59718 P 406.585.3420 F 406.585.4110 280 East Front., Suite B Missoula, MT 59802 P 406.215.1356 F 406.926.2005 243 244 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 May 9th, 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: _______________________________ DocuSign Envelope ID: 20973F27-B08A-47BA-8176-F3B19DA51DAC 6/5/2024 6/5/2024 June 20, 2024 245353 Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Ordinance 2167, Final Adoption of the MSU Innovation Campus Planned Development Zone Map Amendment Rezoning 41.97 Acres from BP, Business Park, to Planned Development Zone Base Zone of B-2, Community Business District; the Property is Generally Located Between West College and Garfield Streets and Centered on Invention Drive, Application 24216 MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Finally adopt Ordinance 2167 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 adopted the Planned Development Zone (PDZ) Ordinance No. 2104 [External PDF Link] in the Fall of 2022. The Ordinance is designed to provide creativity and flexibility to achieve multiple city goals including affordable housing, historic preservation, sustainability and resilient designs, large development options, combined benefits, or novel public benefits. The city has offed alternate paths for decades. The first Planned Unit Development, the precursor to the PDZ, was first adopted in 1976. The city is currently processing multiple PDZ application and the MSU Innovation Campus PDZ is the first application to request final approval. The applicant, MSU Innovation Campus, submitted application for a Planned Development Zone (PDZ) pursuant to section 38.430, BMC. The applicant proposed a PDZ based on the B-2 zone utilizing the Sustainability/Resilient Design PDZ option. Specifically, any future buildings and their associated site improvement will: 1. Demonstrate a reduction of water consumption of at least 25%. Future developments within the PDZ will provide documentation of the intended path to achieve the proposed 25% or greater reduction in indoor water usage and 25% or greater reduction in outdoor water 246 usage as part of the Site Plan submission documents. This documentation may take the form of modelling prepared by a professional engineer demonstrating the required water usage reduction as compared to a model building that meets City of Bozeman development code requirements and state-adopted plumbing code requirements at the time of the submission, or a declaration of intent to follow the prescriptive path as outlined in the most recent version of the Planned Development Zone Procedures Manual; and 2. Demonstrate a reduction of non-renewable energy use of at least 25%. Future developments within the PDZ will provide documentation of the intended path to achieve the proposed 25% or greater reduction in non-renewable energy usage as part of the Building Permit submission documents. These calculations will be based on the most recently declared percentage of non-renewable energy within the energy mix as published by the energy utility at the time of submission. The reduction of the non-renewable energy portion of the delivered energy may include reductions in the energy use intensity (EUI) over a model building that meets City of Bozeman development code and state-adopted building code requirements at the time of the submission, the production of on-site renewable energy, or a combination of the two. In exchange for meeting these performance measures the city granted relaxations to specific standards including: 1. Authorized uses. Request to include Light Manufacturing and Manufacturing Moderate in addition to the base zoning designation uses (B-2). 2. Building height. Allow an increase of building height from the base B-2 height, implementing the Regional Commercial Future Land Use designation from 75 or 90’ to 120’ for a roof pitch less than 3:12 and 135’ for a roof pitch greater than 3:12. An increase of 44 to 60 percent depending on roof pitch. 3. Parking. Eliminate minimum parking requirements for the district. 4. Non-residential signage. Allow up to 400 square feet of signage per building or an increase of 1,100 percent based on the proposed building areas. 5. Blank wall treatment. Increase blank wall threshold from an area 10’ by 15’ to 24’ by 30’ or an increase of 480 percent. The property has an approved Master Site Plan (Application 17027), see also Modification 22107. The Plan arranged the street network and general development areas on the site. Subsequently, three site plan applications have been reviewed, approved, and the building constructed including: Advance Research Lab Site Plan. Application 18-225 Industry Bozeman Site Plan. Application 21-304 247 Aurora Technologies Site Plan. Application 22-114 On March 19, 2024, the City Commission approved the preliminary PDZ, Application 23292, establishing base zoning of B-2 and the approval of the preliminary General Development plan. Pursuant to section 38.430.080, BMC, the applicant submitted a final PDZ application (Application 24216) with documents necessary for processing the Ordinance to revise the zoning map from B-P to B-2 and approval of the final General Development Plan. Pursuant to table 38.430.080.B, the Commission has authority to approve the zoning Ordinance and the Director of Community Development has decision making authority, granted by the Commission, for the General Development Plan. The implementing Ordinance is attached to this memo. On August 13, 2024 the Commission provisionally adopted Ordinance 2167. UNRESOLVED ISSUES:There are no unresolved issues with this application. ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this zone map amendment. Attachments: Ordinance 2167 MSU Innovation Campus 24216.pdf 007 MSUIC PDZ District Zone Map Amendment.pdf 004 - C2_1 Concept Plan.pdf Report compiled on: September 3, 2024 248 Ord 2167 Page 1 of 8 ORDINANCE 2167 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO DESIGNATE 41.97 ACRES AS THE MSU INNOVATION CAMPUS PLANNED DEVELOPMENT ZONE, KNOWN AS THE MSU INNOVATION CAMPUS PLANNED DEVELOPMENT ZONE MAP AMENDMENT FROM B-P, BUSINESS PARK, TO B-2, COMMUNITY BUSINESS DISTRICT, APPLICATION 24216. 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, the City of Bozeman has adopted Ordinance 2104 creating Planned Development Zone option to encourage flexibility and innovation as described in division 38.430, Bozeman Municipal Code; and WHEREAS, Pursuant to section 38.430.030, Planned Development Zone districts adopted pursuant to this division must be implemented through the creation of new zoning districts through zoning map and text amendments as described in division 38.260, and shall be labeled on the base zone district layer of the city's official zoning map as "PDZ." Individual PDZ are not added to or listed in 38.300.020; 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 amendment requests; and 249 Ordinance No. 2167, MSU Innovation Campus Zone Map Amendment and Planned Development Zone Page 2 of 8 WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; 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, Chapter 38, Article 4, Division 430, Section 080 of the Bozeman Unified Development Code sets the procedures and review criteria for planned development zones; and WHEREAS, the proposed planned development zone application to amend the City of Bozeman Zoning Map to establish a planned development zone beginning from the provisions of the B-2, Community Business District, for approximately 41.97 acres and specific adjustments and waiver to non-procedural development standards listed in Section 2 of this Ordinance; and WHEREAS, the proposed planned development zone application to amend the City of Bozeman Zoning Map and establish standards for the subject property to establish a planned development zone beginning from the provisions of a zoning classification of B-2, Community Business District, for approximately 41.97 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on February 5, 2024, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 23293 the MSU Innovation Campus Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on February 27, 2024, and continued to March 19, 2024, to receive and review all written and oral testimony on the request for the zone map amendment and planned development zone; and WHEREAS, the City Commission has reviewed and considered the zone amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone amendment would be in compliance with the criteria; and 250 Ordinance No. 2167, MSU Innovation Campus Zone Map Amendment and Planned Development Zone Page 3 of 8 WHEREAS, the City Commission has reviewed and considered the planned development zone criteria established in Section 38.430.090, Bozeman Municipal Code, and found that the proposed planned development zone is 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. The City of Bozeman adopted Ordinance 2104 creating Planned Development Zone option to encourage flexibility and innovation as described in section 38.430, Bozeman Municipal Code; 4. Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; 5. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 6. Planned development zones must meet or exceed the criteria for approval in Section 38.430.090, Bozeman Municipal Code; 7. A staff report analyzing the required criteria for a zone amendment and planned development code, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied; 8. The two required public hearings were advertised as required in state law and municipal code and all persons had opportunity to review the materials applicable to the application and provide comment prior to a decision; 9. The Bozeman Zoning Commission was established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis 251 Ordinance No. 2167, MSU Innovation Campus Zone Map Amendment and Planned Development Zone Page 4 of 8 and report, and all submitted public comment recommended approval of the application. 10. 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. 11. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 12. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the MSU Innovation Campus Planned Development Zone have been satisfied. Section 2 Intent The MSU Innovation Campus goal is to support the research, technology transfer, entrepreneurial, and economic development activities of the local private sector, Montana State University, the overall region, and the state. Utilizing section 38.430.050.C, Sustainability / Resilient Design PDZ, the MSU Innovation Campus will utilize five (5) adjustments and waivers to non-procedural development standards to encourage more intensive development on the parcel. Section 3 That the “Base Zoning District” zoning district designation of the following-described property is hereby designated as B-2, Community Commercial District: An area of land comprised described as follows: Generally located between West College and Garfield Streets and centered on Invention Drive. More particularly described as Tract C1-A of the Amended Plat of West College Minor Subdivision No. 195B along with the south 70 feet of West College Street right of way, located in the NW 1/4 and the NE 1/4 of Section 14, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana. More particularly described as, Tract C1-A of the Amended Plat of West College Minor Subdivision No. 195B along with the south 70 feet of West College Street right of way, 252 Ordinance No. 2167, MSU Innovation Campus Zone Map Amendment and Planned Development Zone Page 5 of 8 located in the NW 1/4 and the NE 1/4 of Section 14, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, and being more particularly described as follows: Commencing from the northwest corner of said Tract C1-A, the Point of Beginning; thence N.0°56'55"E. a distance of 70.01 feet to the north line of Section 14, Township 2 South, Range 5 East; thence S.89°48'31"E. along said north line a distance of 1154.59 feet; thence S.0°11'29"W. a distance of 70.00 feet to the northeast corner of said Tract C1-A; thence S.14°31'55"E. a distance of 215.29 feet; thence S.38°53'42"W. a distance of 308.00 feet; thence S.49°30'45"E. a distance of 387.64 feet to the north right of way of Technology Blvd. West; thence along a curve to the left having a radius of 270.00 feet, a central angle of 6°28'12", for an arc length of 30.49 feet, for a chord bearing of N.49°40'17”E., a chord distance of 30.47 feet; thence S.46°27'28"E. a distance of 60.06 feet to the south right of way of Technology Blvd. West; thence along a curve to the right having a radius of 330.00 feet, a central angle of 20°32'12", for an arc length of 118.28 feet, a chord bearing of S.56°10'41”W., for a chord distance of 117.65 feet; thence S.0°05'19"W. a distance of 475.68 feet to the south side of the Public Street and Utility Easement # 2127250; thence N.89°54'05"W. a distance of 1311.68 feet; thence S.89°49'37"W. a distance of 270.57 feet; thence N.0°02'48"E. a distance of 935.95 feet; thence N.75°20'59"E. a distance of 276.96 feet; thence S.89°52'33"E. a distance of 29.99 feet; thence N.0°56'55"E. a distance of 259.17 feet to the Point of Beginning. The area of the above-described parcel of land is 43.85 acres, more or less. Section 4 Adjustment and Waivers This application is proposing the creation of a Planned Development Zone based on the B-2 Community Business District zone with the following standards and relaxations and all others remaining as presently written: 1. Table 38.310.040.D. Permitted industrial and wholesale uses in commercial, mixed-use, and industrial zoning districts. The uses Manufacturing (light) and Manufacturing (moderate) to be defined as Principal uses within the MSU Innovation Campus PDZ district. 2. Sec. 38.540.050. Number of parking spaces required. Requirements within the MSU Innovation Campus PDZ district. The minimum parking 253 Ordinance No. 2167, MSU Innovation Campus Zone Map Amendment and Planned Development Zone Page 6 of 8 requirements of the Bozeman UDC do not apply within the MSU Innovation Campus PDZ district. 3. Sec. 38.320.050. Form and intensity standards --- Non-residential and other mixed-use districts. Maximum Building Height. The maximum building height within the MSU Innovation Campus PDZ district will be 120’ for a roof pitch less than 3:12, and 135’ for a roof pitch greater than 3:12. Or, the maximum height allowed within a B-2 district, whichever is greater. 4. Sec. 38.560.060. – Signs permitted upon the issuance of a sign permit. Non- Residential Sign Standards. The maximum square feet area of allowed signage within the MSU Innovation Campus PDZ district will be 400 per building. 5. Sec. 38.530.070. Blank Wall Treatments. Within the MSU Innovation Campus PDZ district the definition of a blank wall requiring mitigation will be: A wall (including building facades and retaining wall) is considered a blank wall if it is over 24 feet in height, has a horizontal length greater than 30 feet, and does not include a transparent window or door. Section 5 Based on the Unified Development Code adopted at the time of this Ordinance. Section 6 Permissive. The more permissive standard rules. If city code is amended the more permissive prevails. Section 7 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 8 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 254 Ordinance No. 2167, MSU Innovation Campus Zone Map Amendment and Planned Development Zone Page 7 of 8 provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 9 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 10 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.” Section 11 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.” Section 12 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 255 Ordinance No. 2167, MSU Innovation Campus Zone Map Amendment and Planned Development Zone Page 8 of 8 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___th day of _______________, 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 ____ of ________________, 2024. The effective date of this ordinance is _____________, ____, 2024. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 256 BFBF BF BF BF BFBFBFBFBFBFBF BF BF BF BF BF BF BF BF BF BFNGNGNGNGNGNG F F F F F DYHDYHS MW TT TTT WV WV WV WV WV WV WV FF F F FF TV E EEDYH DYH I S S S S P P T T WV WVWV WV WV BF BF BF BF BF OHP OHP OHP OHP OHP OHP OHP OHP S S S W W W MW MW BTV BTV BTV BTV D S S S BFBFBFBF I II D S SS S MW T WV NG NGOHP OHP D MW BF BFBFBFBF BF BF BF BF BFBFBF BF BF BF HY DHY DHY DHYDHYDWWWWWWWWW W W W W W W W W W W W W W OHPOHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP OHP NG TP TP TP TP TP TP TP BF SD SD SD SDSDSDSDSDSDWWBFBFBTV BTV BTV BTV BTV BTV BTV BTVBTVBTV BTV BTVNGNGTVP TVT P E P TV SSSSSS S W W W W W W W W S S S S PROPOSED LEASE AREA4.896 ACRES >>>>>>>>>>>>>>>>>>>8S8S8S8S8S8S8S8S8S8S8SS S S S S 8S 8S 8S 8S 8S 8S 8S 8S 8S 8S S 8SS 15SD 15SD 18SD 18SD 18SD 18SD18SD18SD18SD18SDSDD D 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8W 8WHYDHYDHYDHYD8W8S S S 8S8S8SSHYD8W8W8W8W8W 8W8W8W8W8W>>>>>>>>>S S S S S BP BPNG NGS15S D 15S D 15SD 15SD 15SD T BF BFBFBFBFBFBFBFBFBFBFBFBFBF8.00' PUBLIC ACCESS EASEMENT PER DOC. NO. 2364299 10.00' PIPELINE EASEMENT PER DOC. NO. 2470211 20.00' BOZEMAN FIBER UTILITY EASEMENT PER DOC. NO. 2545979 12.50' PUBLIC STREET AND UTILITY EASEMENT PER DOC. NO. 2594392 32.50' PUBLIC STREET AND UTILITY EASEMENT PER DOC. NO. 2127250 EXISTING 60.00' PUBLIC STREET AND UTILITY EASEMENT EXISTING 10.00' PUBLIC UTILITY EASEMENT EXISTING 10.00' PUBLIC UTILITY EASEMENT EXISTING 80.00' PUBLIC STREET AND UTILITY EASEMENT EXISTING 10.00' PUBLIC UTILITY EASEMENT EXISTING 10.00' PUBLIC UTILITY EASEMENT S89°48'31"E 1155.52'S14°31'55"E215.29'S38°53'42"W 308.00'S 4 9 ° 3 0 ' 4 5 " E 3 8 7 . 6 4 ' S 4 6 ° 2 7 ' 2 8 " E 6 0 . 0 6 ' L=30.49, R=270.00 Δ=6°28'12" L =1 1 8 .2 8 ,R =3 3 0 .0 0Δ =2 0 °3 2 '1 2 "N89°54'05"W 1311.68' N75°20'59 " E 276.96' S89°52'33"E 29.99'4880487548704870 4870 48 6 5N0°56'55"E259.17'S0°05'19"W475.68'S89°49'37"W 270.57'N0°02'48"E935.95'32.50' PUBLIC STREET AND UTILITY EASEMENT PER DOC. NO. 2127251 70.00' STATE ROW STPU 1210(4) COS 2799 30.00' PUBLIC STREET AND UTILITY EASEMENT PER DOC. NO. 2113001 30.00' STATE ROW STPU 1210(4) COS 2799 N0°56'55"E70.01'S89°48'31"E 1154.59'N0°11'29"E70.00'TECHNOLO G Y B L V D INVENT ION DR IVE W. COLLEGE ST (130' R.O.W. AND EASEMENT) BOZEMAN FIBER CONSTRUCTION EASEMENT PER DOC. NO. 2545979 EXISTING 10FT WIDE CONCRETE PEDESTRIAN PATH EXISTING PUBLIC ACCESS AND UTILITY EASEMENT FOR PEDESTRIAN PATH, SEWER MAIN AND STORM WATER FACILITIES EXISTING PUBLIC UTILITY EASEMENT FOR STORM WATER FACILITIES 12' WIDE CONCRETE PEDESTRIAN PATH AND SEWER ACCESS EXISTIN G A R L BUILDIN G S I T E EXISTIN G INDUS T R Y B O Z E M A N SITE EXISTING STORM W A T E R P O N D STORM WATER PONDR E S E A R C H D R (6 0 F T R .O .W . )TECHNOLOGY BLVD (60FT R .O .W . ) 80 16040800 SCALE IN FEET WETLAND BOUNDARY (TYP.) 30FT WETLAND SETBACK (TYP.) 50FT WETLAND SETBACK (TYP.) 10.00' PUBLIC UTILITY EASEMENT PER DOC NO. 2594393 10.00' PUBLIC UTILITY EASEMENT PER DOC NO. 2594393 EXISTING PEDESTRIAN ACCESS EASEMENT PROPOSED STREET LIGHTS (TYP.) EXISTING HOPLITE FACILITY W. GARFIELD ST FUTURE 10FT WIDE CONCRETE PEDESTRIAN PATH WITHIN 30FT PEDESTRIAN ACCESS EASEMENT EXISTING WATER AND STORM DRAIN UTILITY EASEMENT EXISTIN G AUROR A S I T E EXISTING YELLOWSTONE FIBER BUILDING PROPERTY BOUNDARY (TYP.) OWNER: MONTANA STATE UNIVERSITY CAMPUS C/O MSU ALUMNI FOUNDATION PO BOX 172755 BOZEMAN, MT 59717 TEMPORARY RETENTION POND issue date project # phasesheet projectownerrevision date 11/15/2023 6:14 PMC1.1N:\5755\005 - Innovation Campus CDs\04 Design\PDZ\MSUIC PDZ District Zone Map Amendment.dwg09/07/2023MSUIC PDZ DISTRICT ZONE MAP AMENDMENT22030 PDZ PRELIMINARY PLAN SUBMISSIONMSU INNOVATION CAMPUS PDZMSU INNOVATION CAMPUSEXISTING STORM WATER POND TRACT C-1A AMENDED PLAT OF WEST COLLEGE MINOR SUBDIVISION #195B 41.97 ACRES 1,828,049.40 SF CURRENT ZONING: B-P PROPOSED ZONING: B-2 PLI zone B-2 zone BP zone BP zone R-O zone R-4 zone P.O.B. Tract C1-A of the Amended Plat of West College Minor Subdivision No. 195B along with the south 70 feet of West College Street right of way, located in the NW 1/4 and the NE 1/4 of Section 14, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of Gallatin County, Montana, and being more particularly described as follows: Commencing from the northwest corner of said Tract C1-A, the Point of Beginning; thence N.0°56'55"E. a distance of 70.01 feet to the north line of Section 14, Township 2 South, Range 5 East; thence S.89°48'31"E. along said north line a distance of 1154.59 feet; thence S.0°11'29"W. a distance of 70.00 feet to the northeast corner of said Tract C1-A; thence S.14°31'55"E. a distance of 215.29 feet; thence S.38°53'42"W. a distance of 308.00 feet; thence S.49°30'45"E. a distance of 387.64 feet to the north right of way of Technology Blvd. West; thence along a curve to the left having a radius of 270.00 feet, a central angle of 6°28'12", for an arc length of 30.49 feet, for a chord bearing of N.49°40'17”E., a chord distance of 30.47 feet; thence S.46°27'28"E. a distance of 60.06 feet to the south right of way of Technology Blvd. West; thence along a curve to the right having a radius of 330.00 feet, a central angle of 20°32'12", for an arc length of 118.28 feet, a chord bearing of S.56°10'41”W., for a chord distance of 117.65 feet; thence S.0°05'19"W. a distance of 475.68 feet to the south side of the Public Street and Utility Easement # 2127250; thence N.89°54'05"W. a distance of 1311.68 feet; thence S.89°49'37"W. a distance of 270.57 feet; thence N.0°02'48"E. a distance of 935.95 feet; thence N.75°20'59"E. a distance of 276.96 feet; thence S.89°52'33"E. a distance of 29.99 feet; thence N.0°56'55"E. a distance of 259.17 feet to the Point of Beginning. The area of the above described parcel of land is 43.85 acres, more or less.BRANCH OF EAST CATRON CREEKMSU INNOVATION CAMPUS PROPERTY BOUNDARY 257 BFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFBFNGNGNGNGNGNGFFFFFDYHDYHSMWTTTTTWVWVWVWVWVWVWVFFFFFFTVEEEDYH DYHISSSSPPTTWVWVWVWVWVBFBFBFBFBFOHPOHPOHPOHPOHPOHPOHPOHPSSSWWWMWMWBTVBTVBTVBTVDSSSBF BF BFBF IIIDSSSSMWTWVNGNGOHPOHPDMWBFBFBFBFBFBFBFBFBFBFBFBFBFBFBF HYDHYDHYDHYDHYDWWWWWWWW WWWWWWWWWWWWWWOHP OHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPNGTPTPTPTP TPTPTPBFSDSDSDSDSDSDSDSD SD WWBFBFBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVBTVNGNGTVPTVTPEPTVSSSSSSSWWWWWWWWSSSSPROPOSED LEASE A R E A4.896 ACRES >>>>>>>>>>>>>>>>>>> 8S 8 S 8 S 8 S 8 S 8S 8S 8S 8S 8S 8SSS SSS8S8S8S8S8S8S8S8S8S8SS8S S8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8WHYDHYDHY D HYD8W12.50' PUBLIC STREET AND UTILITYEASEMENT PER DOC. NO. 259439232.50' PUBLIC STREET AND UTILITYEASEMENT PER DOC. NO. 2127508SSS8S8S8SSHYD 8W8W8W8W8W8W8W8W8W8W>>>>>>>>>SSSSSBPBPNG NG S15SD15SD15SD15SD15SDTS89°48'31"E1155.52'S14°31'55 " E 215.29' S3 8 ° 5 3 ' 4 2 " W 30 8 . 0 0 'S49°30'45"E387.64'S46°27'28"E60.06'L=30.49, R=270.00Δ=6°28'12"L=118.28 ,R= 3 3 0. 0 0Δ=2 0°32'1 2 " S0°05'19"W 475.68'S89°54'05"E1311.68'N89°49'37"E270.57'N0°02'48"E935.95'N75°20'59"E276.96'S89°52'33"E29.99'N0°56'55"E259.17'GENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAGENERALBUILDING AREAPARKING AREAPARKING AREAPARKING AREAPARKINGAREAPARKINGAREAPARKING AREAPARKING AREAOPEN SPACEOPENSPACEOPEN SPACEOPENSPACEOPEN SPACE8S8SWWSSSWSWSSSSSSSSSSSSSWSSS 8S 8S 8S W W W W SSSSSSSSWSSD SD SD SDSDSSSD SDSDSDSSHYD HYDWSWSWS15SD15SD18SD18SD18SD18 S D 18 S D 18 S D 18 S D 18 S D SD DD8.00' PUBLIC ACCESS EASEMENTPER DOC. NO. 236429910.00' PIPELINE EASEMENTPER DOC. NO. 247021120.00' BOZEMAN FIBER UTILITY EASEMENT PER DOC. NO. 25459798.00' PUBLIC ACCESS EASEMENTPER DOC. NO. 236429960.00' PUBLIC STREETAND UTILITY EASEMENT 80.00' PUBLIC STREETAND UTILITY EASEMENTTECHNOLOGY BLVDDRIVEW. COLLEGE STBOZEMAN FIBERCONSTRUCTION EASEMENTPER DOC. NO. 2545979PUBLIC ACCESS AND UTILITYEASEMENT FOR PEDESTRIANPATH, SEWER MAIN AND STORMWATER FACILITIESEXISTING STORM WATER POND TO BE REPLACED WITHMULTIPLE NEW STORAGE FACILITIES UPSTREAM ANDDOWN STREAM, INCLUDING UNDERGROUND STORAGE.PARKING LOTS AND CONVEYANCE SYSTEMS WILL BEDESIGNED WITH AN EMPHASIS ON LOW IMPACT DESIGNFEATURES AS EACH NEW SITE PLAN IS DEVELOPED.12' WIDE CONCRETEPEDESTRIAN PATH ANDSEWER ACCESSEXISTING ARLBUILDING SITEEXISTINGINDUSTRY BOZEMANSITEEXISTINGSTORM WA T E R P O N D RESEARCH DRTECHNOLOGY BLVD8016040800SCALE IN FEETWETLANDBOUNDARY (TYP.)30FT WETLANDSETBACK (TYP.)50FT WETLANDSETBACK (TYP.)PROPOSED STREET LIGHTS (TYP.)EXISTING HOPLITE FACILITYW. GARFIELD STEXISTINGAURORA SITEEXISTING YELLOWSTONEFIBER BUILDINGPROPERTY BOUNDARY (TYP.)TRACT C-1AAMENDED PLAT OF WEST COLLEGEMINOR SUBDIVISION #19541.97 ACRESOWNER:MONTANA STATE UNIVERSITY CAMPUS C/OMSU ALUMNI FOUNDATIONPO BOX 172755BOZEMAN, MT 59717CONCEPTUAL FUTUREPARKING AREA (TYP.)CONCEPTUAL FUTUREBUILDING AREA (TYP.)W3050W3050KEY NOTESDELINEATED WETLAND BOUNDARY30 FOOT WETLAND SETBACK50 FOOT WETLAND SETBACKFUTURE STORM WATER STORAGE FACILITYW3050SDSDSDSDSDSDWSW8SSSWATER MAIN EXTENSIONWATER SERVICESEWER MAIN EXTENSIONSEWER SERVICEUTILITY LEGENDissue dateproject #phasesheet project ownerrevisiondate6/6/2023 4:12 PM C2.1N:\5755\005 - Innovation Campus CDs\04 Design\PDZ\PDZ Exhibit.dwg PROPOSED CONCEPTUAL PLAN 22030MSU INNOVATION CAMPUS PDZ MSU INNOVATION CAMPUS 8S8WEXISTING WATER MAINEXISTING SEWER MAINCONCEPTUALEXISTINGEXISTING UTILITYEASEMENT (SEWER)INVENTIONNOTE: ANY FUTURE SEWER, WATER OR STORMDRAIN MAINS EXTENDED INTO OPEN SPACEAREAS WILL REQUIRE ALL-WEATHER VEHICLEACCESS AND NEW EASEMENTS. NOSTRUCTURES OR TREES WILL BE ALLOWED INTHE EASEMENT. FINAL EASEMENTS WILL BEDEVELOPED ONCE THE DESIGN IS FINALIZED.PROPOSEDMULTI-USE PATHMIN 10FT WIDE09/07/2023PDZ PRELIMINARYPLAN SUBMISSION258 Memorandum REPORT TO:City Commission FROM:Elizabeth Cramblet, Associate Planner Chris Saunders, Community Development Manager Erin George, Interim Director of Community Development SUBJECT:Ordinance 2170, Provisional Adoption, Rezoning A Tract of Land in the SW 1/4 NW 1/4 of Section 24, Township 02S, Range 05E from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use District) Containing 9.26 Acres, and B-2M (Community Business District Mixed) Containing 9.12 Acres; the South Range Crossing II Zone Map Amendment, Application 24196 MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally Adopt Ordinance 2170 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 24196 on August 13, 2024, to rezone the western half of an existing site from R-1 (Residential Low Density District) and R-2 (Residential Moderate Density District) to REMU (Residential Emphasis Mixed Use) on the northwest corner containing 9.26 acres, and B-2M (Community Business District Mixed) on the southwest corner containing 9.12 acres, subject to contingencies for zoning. Final documents and easements were received by the Applicant. The subject site is located on the east side of South 19th Avenue between Arnold Street and Graf Street. This portion of the subject site is currently undeveloped and located on the east side of South 19th Avenue. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. 259 Attachments: Ordinance_24196 - SRX II ZMA.pdf 24196_SRX II - ZMA Map.pdf Report compiled on: August 28, 2024 260 Ord 2170 Page 1 of 6 ORDINANCE 2170 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZMAN ZONING MAP ON A TRACT OF LAND IN THE SW ¼ NW ¼ OF SECTION 24, TOWNSHIP 2 SOUTH, RANGE 5 EAST FROM R-1 (RESIDENTIAL LOW DENSITY DISTRICT) AND R-2 (RESIDENTIAL MODERATE DENSITY DISTRICT) TO REMU (RESIDENTIAL EMPHASIS MIXED USE DISTRICT) CONTAINING 9.26 ACRES, AND B-2M (COMMUNITY BUSINESS DISTRICT-MIXED) CONTAINING 9.12 ACRES. THE SOUTH RANGE CROSSING II ZONE MAP AMENDMENT, APPLICATION 24196. 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 261 Ordinance No. 2170, South Range Crossing II Zone Map Amendment Page 2 of 6 WHEREAS, after conducting the required public hearing on July 15, 2024, the Bozeman Community Development Board in their capacity as the Zoning Commission recommended to the Bozeman City Commission that application No. 24196, the South Range Crossing II Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on August 13, 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 262 Ordinance No. 2170, South Range Crossing II Zone Map Amendment Page 3 of 6 code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 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 REMU and B-2M 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 staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 24196 the South Range Crossing II 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 REMU (Residential Emphasis Mixed Use District): Legal Description A Tract of land in the SW ¼ NW ¼ of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully described as follows: Beginning at the N 1/16th corner of Section 24 and being the Point of Beginning; thence S. 0˚42’18” E. along said section line for a distance of 622.28 feet; thence N.89˚23’18” E. for a distance of 593.92 feet; N.0˚36’42” W. for a distance of 254.93 feet; thence along a curve to the right having a radius of 150.00 feet, a central angle of 47˚27’38” for an arc len gth of 124.25 feet and having a chord bearing of N.23˚07’07” E. for 120.73 feet; thence N.46˚50’56” E. for a distance of 60.01 feet; thence along a curve to the left having a radius 263 Ordinance No. 2170, South Range Crossing II Zone Map Amendment Page 4 of 6 of 150.00 feet, a central angle of 47˚33’14” for an arc length of 124.50 feet and having a chord bearing of N.23˚04’19” E. for 120.95 feet; thence N.0˚42’18” W. for a distance of 105.50 feet; thence S.89˚23’18” W. for a distance of 736.15 feet to the Point of Beginning. Section 3 That the zoning district designations of the following-described property is hereby established as B-2M (Community Business District-Mixed): Legal Description A Tract of land in the SW ¼ NW ¼ of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully described as follows: Commencing from the N 1/16th corner of Section 24; thence S.0˚42’18” E. along said section line for a distance of 622.28 feet to the Point of Beginning; thence N.89˚23’18” E. for a distance of 593.92 feet; thence S.0˚36’42” E. for a distance of 668.14 feet; thence S.89˚05’06” W. for a distance of 592.83 feet to the section line common to sections 23 and 24; thence N.0˚42’18” W. along said section line for a distance of 671.27 feet to the Point of Beginning. Section 4 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 5 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. 264 Ordinance No. 2170, South Range Crossing II Zone Map Amendment Page 5 of 6 Section 6 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 7 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.” 265 Ordinance No. 2170, South Range Crossing II Zone Map Amendment Page 6 of 6 Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on th e 10th day of September 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 24th day of September 2024. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 266 18S18S18S18S18S18S18S18S18S18S18S18S18S24W24W24W24W24W24W24W24W24W24W24W24W12W 12W 12W SD SD SD SD SD SD SD 18S18S10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10W 10S 10S 10S 10S 10S 10S 10S 18SD18SDS SS S S S 30SD30SDR=300.00' L=136.99' Δ=26°09'45" CB=S76°00'20"W CH=135.80' R=300.00' L=141.03' Δ=26°56'07" CB=S76°23'31"W CH=139.74' S89°05'06"W 1050.03'S0°09'06"E 1225.02'N0°42'18"W 1293.56'N89°23'18"E 1360.23' S89°05'06"W 30.00'S0°36'42"E668.14'671.27'592.83'622.28'457.20' N0°36'42"W 254.93' R=150.00' L=124.25' Δ=47°27'38" CB=N23°07'07"E CH=120.73' R=150.00' L=124.50' Δ=47°33'14" CB=N23°04'19"E CH=120.95' N46°50'56"E 60.01' N0°42'18"W 105.50' N89°23'18"E 593.92' 736.15'624.08' ©COPYRIGHT MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NO.DRAWN BY: FLD WK. BY: CHK. BY: DATE: 2024 Plotted by jon c. wilkinson on May/24/2024N:\5659\018 Providence - ZMA Blk 1 MS 494\ACAD\Exhibits\5659018-ZONE- MAP - SRX North 042423.dwgSOUTH RANGE CROSSING II ZONE MAP AMENDMENT BOZEMAN MONTANA 5659.018 EX-1 JCW JCW MEE 05/2024engineers surveyors planners scientists MorrisonMaierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 www.m-m.net 200SOUTH 19TH AVENUETHE SOUTH RANGE CROSSING II ZONE MAP AMENDMENT ZONE AREA SUMMARY TOTAL ZONE AREA: LEGAL DESCRIPTION 39.86 acres GRAF STREET YELL O W S T O N E T H E O L O G I C A L INSTI T U T E M I N O R S U B 4 9 4 LOT 1, B L O C K 1 - 1 5. 0 6 9 A C LOT 2MINORSUB 235 C ALLI S O N S U B PHASE 4 A, L O T 1PLAT J-702ABOZE M A N COMM U N I T Y P L A N FUTU R E L A N D U S E: RESID E N TI A L MIXED U S E ZONI N G = R E M U BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D ZONIN G = R - O A Tract of land in the SW1/4NW1/4 of Section 24, Township 2 South, Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana, being more fully described as follows: Beginning at the NW 1/16th corner of section 24 and being the Point of Beginning; thence S.0°09'06" E. along the 1/16th line for a distance of 1225.02 feet to the centerline of Graf Street per Yellowstone Theological Institute Minor Subdivision 494; thence along said centerline S.89°05'06" W. for a distance of 30.00 feet; thence along a curve to the left having a radius of 300.00 feet, a central angle of 26°56'07" for an arc length of 141.03 feet and having a chord bearing of S.76°23'31" W. for 139.74 feet; thence along a curve to the right having a radius of 300.00 feet, a central angle of 26°09'45" for an arc length of 136.99 feet and having a chord bearing of S.76°00'20" W. for 135.80 feet; thence S.89°05'06" W. for a distance of 1050.03 feet to the section line common to sections 23 and 24; thence N.0°42'18" W. along said section line for a distance of 1293.56 feet to the N 1/16th corner of section 24; thence N.89°23'18" E. for a distance of 1360.23 feet to the Point of Beginning. Said description having 39.86 acres, along with and subject to any existing easements.SOUTH 15TH AVEREMU ZONING:EXISTING = 21.48 acres PROPOSED = 9.26 acres POINT OF BEGINNING EXITI N G Z O NI N G: R- 1 & R - 2 LOT 3, B L O C K 1 7.644 A C LOT 4, B L O C K 1 10.51 9 A C LOT 2, B L O C K 1.826 A C COMM O N O P E N SPAC E ALLISON SUBPHASE 4A, LOT2 PLAT J-702AZONIN G = R-1LOT 1MIN OR SUB 235BLOT 1, BLOCK 3SOUTHUNI V E RSI T Y DISTRICT PH 3PLAT J-695CITY PARK 3SOUT H UNIVERSITYDISTRICT PH-3PLAT J-695 ARNOLD STREET 14TH AVENUEYELL O W S T O N E T H E O L O GI C A L INSTIT U T E MI N O R S U B 4 9 4 LOT 1, B L O C K 2 TRACT AMINORSUB 235ALOT 3MIN O R SUB 235ABOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIG H B O R H O O D ZONIN G = R- 4 BOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D ZONI N G = R - 1 BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D ZONIN G = R- 1 BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: U R B A N NEIGH B O R H O O D ZONI N G = R E M U ALLISON SUBPHASE 4A, LOT 1PLAT J-702 A B2-M:9.12 acres EXIS TI N G Z O NI N G REM U PRO P O S E D Z O NI N G B-2M PRO P O S E D Z O NI N G REM UPARKMINOR SUB 235CLOT 3MINORSUB 235C267 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Ordinance 2162, Provisional Adoption, Revising Speed Limits on West Graf Street, West Oak Street, West Kagy Boulevard MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Consider the Motion: Having reviewed and considered the ordinance, public comment, and staff presentation, I hereby move to provisionally adopt Ordinance 2162, Revising Speed Limits on West Graf Street, West Oak Street, West Kagy Boulevard. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The Bozeman City Commission finally adopted Ordinance 2142 on August 8, 2023 revising speed limits on City-controlled arterial and collector routes, expanding park zone speed zone hours, and removing the time of day qualifications for school zone speed limits. Speed zones on state-controlled routes are under the jurisdiction of the State Transportation Commission. Changes to speed zones on state- controlled routes require approved speed studies that are reviewed by the Montana Department of Transportation before being submitted to the State Transportation Commission for a final decision. City staff submitted speed studies for segments of state-controlled portions of Oak Street and Kagy Boulevard. Based on the submitted studies, the State Transportation Commission approved changes to the these segments at their April 29, 2024 meeting. Ordinance 2162 updates BMC Sec 36.07.050 to reflect these changes. Additionally, Ordinance 2162, corrects an error made by staff in the drafting of Ordinance 2142. The intent of Ordinance 2142 was to reduce the speed limit on West Graf Street west of North Nineteenth Avenue from 35 mph to 30 mph while keeping the speed limit at 25 mph from South Eleventh Avenue to South Nineteenth Avenue. Ordinance 2162 therefore revises BMC 36.070.050.A14 to re-establish a speed limit of 25 mph on West Graf Street from South Eleventh Avenue to South Nineteenth Avenue. 268 UNRESOLVED ISSUES:None. ALTERNATIVES:No action. FISCAL EFFECTS:Ordinance 2162 will require the replacement of approximately 8 existing speed limit signs. The work will be completed by city Signs and Signal Division. The cost for these changes will fall under existing budget items. Attachments: Ordinance 2162_Revising Speed Limits on West Graf Street, West Oak Street, and West Kagy Boulevard.docx 2023_City of Bozeman_Kagy Blvd_Speed Study.pdf Kagy Blvd_Approval and Signing Memo.pdf 2023_City of Bozeman_Oak St_Speed Study.pdf Oak St _Approval and Signing Memo.pdf Report compiled on: July 25, 2024 269 Version February 2023 Ord 2142 Page 1 of 7 ORDINANCE 2162 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REVISING THE SPEED LIMIT ON WEST GRAF STREET, ON WEST OAK STREET, AND ON WEST KAGY BOULEVARD. WHEREAS,Mont. Const. Art. XI, § 4 mandates to liberally construe the powers of incorporated cities, and Mont. Const. Art. XI, § 6 of the Montana Constitution expressly authorizes a local government unit with self-government powers to exercise any power not prohibited by the constitution, law, or charter; and WHEREAS,the Bozeman City Charter establishes that the City of Bozeman is a local government that has adopted self-government powers which must be liberally construed; and WHEREAS,Strategic Plan 4.2, High Quality Urban Approach, establishes the city’s goal of “continu[ing] to support high-quality planning;” and WHEREAS, pursuant to theCity’s Bozeman Streets Are For Everyone Safety Action Plan, reducing motor vehicle speed reduces the risk of severe and fatal crash injuries; and WHEREAS, pursuant to Bozeman Municipal Code Sec. 36.07.010, the director of transportation and engineering may, upon completion of an investigation and consultation with the chief of police, alter speed limits on city-controlled routes; and WHEREAS, the Montana State Transportation Commission and the Montana Department of Transportation have jurisdiction over all state highways and highways located on the commission-designated highway system; and WHEREAS, the City of Bozeman contracted a professional engineer to conduct speed studies on Oak Street and on Kagy Boulevard; and WHEREAS, based on the results and recommendations of those speed studies, the City of Bozeman submitted a request to the Montana Department of Transportation to reduce the speed limit on Oak Street between North Seventh Avenue and North Nineteenth Avenue and on Kagy Boulevard between South Nineteenth Avenue and South Willson Avenue; and 270 Ordinance No. 2162, Revising Speed Limits Page 2 of 7 WHEREAS, at a meeting on April 29, 2024, the Montana State Transportation Commission, based on the City of Bozeman’s request, approved revising speed limits on Oak Street and on Kagy Boulevard as recommended in by the aforementioned speed studies; and WHEREAS, the City is amending its code so that all state highways and highways located on the commission-designated highway system within city limits comply with the speed limits established by the state. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Section 36.07.040, Bozeman Municipal Code, will be amended as follows: Sec. 36.07.050. Graduated speed zones designated. A.In accordance with the provisions of section 36.07.020.A.5, or any applicable subsequent commission resolution, it is unlawful for any operator of any vehicle to drive at a speed greater than designated below upon the following streets: 1.West Babcock Street.The speed limit is 30 miles per hour on all that part of West Babcock Street from the west line of West Main Street to the east line of Cottonwood Road. 2.Baxter Lane. a.The speed limit is 35 miles per hour from the west line of North Seventh Avenue to a point approximately 1,000 feet west of North Seventh Avenue. b.The speed limit is 45 miles per hour from a point approximately 1,000 feet west of North Seventh Avenue to a point approximately 1,200 east of North Nineteenth Avenue. c.The speed limit is 35 miles per hour from a point approximately 1,200 feet east of North Nineteenth Avenue to the east line of North Nineteenth Avenue. d.The speed limit is 30 miles per hour from the western line of North Nineteenth Avenue to Vaquero Parkway. e.The speed limit is 30 miles per hour from the western line of Cottonwood Road to the western boundary of the city. 3.Bozeman Trail Road.The speed limit is 40 miles per hour from the west line of Haggerty Lane to the north line of Kagy Boulevard. 4.Bridger Drive/Bridger Canyon Road. 271 Ordinance No. 2162, Revising Speed Limits Page 3 of 7 a.The speed limit is 35 miles per hour from the junction of Bridger Drive/Bridger Canyon Road with North Rouse Avenue to a point approximately 550 feet east of Story Mill Road. b.The speed limit is 45 miles per hour from a point approximately 550 feet east of Story Mill Road east to the city limit. 5.West College Street.The speed limit is 35 miles per hour from the west line of South Nineteenth Avenue to the south line of West Main Street. 6.Cottonwood Road. a.The speed limit is 35 miles per hour from Baxter Lane south to Huffine Lane. b.The speed limit is 45 miles per hour from Huffine Lane south to the city limits. 7.Davis Lane.The speed limit is 30 miles per hour from the north line of West Oak Street to the south line of East Valley Center Road. 8.Durston Road. a.The speed limit is 30 miles per hour from the west line of North Seventh Avenue west to the city limit. 9.Ferguson Avenue. a.The speed limit is 30 miles per hour from the north line of Huffine Lane north to the south line of Baxter Lane. 10.Fowler Avenue.The speed limit is 30 miles per hour from the south line of Huffine Lane to the north line of Garfield Street. 11.Frontage Road. a.The speed limit is 50 miles per hour from the junction of Frontage Road with North Seventh Avenue, northwest to the city limits. b.The speed limit is 50 miles per hour from the junction of Frontage Road with East Main Street, at the I-90 interchange, to a point approximately 100 feet east of Hospitality Way. c.The speed limit is 60 miles per hour from a point approximately 100 feet east of Hospitality Way east to the city limits. 12.Garfield Street.The speed limit is 30 miles per hour from the west line of South Nineteenth Avenue to the south line of Fowler Avenue. 13.Griffin Drive.The speed limit is 35 miles per hour from the east line of North Seventh Avenue to the west line of North Rouse Avenue. 14.West Graf Street.The speed limit is 30 mph from South Eleventh Nineteenth Avenue west to the city limit. 15.Haggerty Lane.The speed limit is 30 miles per hour from the west line of Bozeman Trail Road to Main Street. 272 Ordinance No. 2162, Revising Speed Limits Page 4 of 7 16.Highland Boulevard.The speed limit is 35 miles per hour from a point 400 feet north of Holly Drive to a point 225 feet south of East Curtiss Street. 17.Huffine Lane. a.The speed limit is 45 miles per hour from the junction of Huffine Lane with West Main Street to a point approximately 260 feet west of Ferguson Avenue. b.The speed limit is 55 miles per hour from a point approximately 260 feet west of Ferguson Avenue to west to the city limits. 18.Kagy Boulevard. a.The speed limit is 30 miles per hour from the east line of South Nineteenth Avenue to the east line of South Willson Avenue. ba. The speed limit is 35 miles per hour from the east line of South Willson Nineteenth Avenue to a point approximately 875 feet east of Highland Boulevard. cb. The speed limit is 40 miles per hour from a point approximately 875 feet east of Highland Boulevard to Bozeman Trail Road. 19.East Main Street. a.The speed limit is 40 miles per hour from a point approximately 300 feet east of Cypress Avenue to a point approximately 350 feet east of Haggerty Lane. b.The speed limit is 50 miles per hour from a point approximately 350 feet east of Haggerty Lane to the junction with Frontage Road at the Interstate 90 overpass. 20.West Main Street. a.The speed limit is 35 miles per hour from a point approximately 320 feet east of North Fifteenth Avenue to the west line of South Twenty-third Avenue. b.The speed limit is 45 miles per hour from the west line of South Twenty-third Avenue to the junction of West Main Street with Huffine Lane. 21.Manley Road.The speed limit is 25 miles per hour from the north line of Griffin Drive north to the city limits. 22.McIllhattan Road.The speed limit is 30 miles per hour from the west line of Story Mill Road northwest to the city limits. 23.North Nineteenth Avenue. a.The speed limit is 35 miles per hour from the south line of Durston Road to approximately 500 feet north of Durston Road. b.The speed limit is 40 miles per hour from a point approximately 500 feet north of the south line of Durston Road to Springhill Road. 24.South Nineteenth Avenue. a.The speed limit is 35 miles per hour from the north line of West Main Street to the south line of West College Street. 273 Ordinance No. 2162, Revising Speed Limits Page 5 of 7 b.The speed limit is 40 miles per hour from the south line of West College Street to 200 feet south of West Graf Street. c.The speed limit is 50 miles per hour from 200 feet south of West Graf Street south to 200 feet south of Blackwood Road. 25.Oak Street. a.The speed limit is 35 miles per hour from the west line of North Rouse Avenue to the east line of Cottonwood Road North Eleventh Avenue. b.The speed limit is 45 miles per hour from the east line of North Eleventh Avenue to the east line of North Nineteenth Avenue. c.The speed limit is 35 miles per hour from the west line of North Nineteenth Avenue to the west line of Cottonwood Road. 26.North Rouse Avenue.The speed limit is 35 miles per hour from a point approximately 430 feet north of East Oak Street to the junction of North Rouse Avenue with Bridger Drive at Griffin Drive. 27.North Seventh Avenue. a.The speed limit is 35 miles per hour from a point approximately 380 feet north of Durston Road to a point approximately 610 feet north of West Oak Street. b.The speed limit is 45 miles per hour from a point approximately 610 feet north of West Oak Street to a point approximately 1,720 feet north of Griffin Drive. c.The speed limit is 50 miles per hour from a point approximately 1,720 feet north of Griffin Drive to the junction of North Seventh Avenue with East Frontage Road. 28.Springhill Road. a.The speed limit is 35 miles per hour from East Frontage Road north to a point 2,300 feet north of Moss Bridge Road. b.The speed limit is 45 miles per hour from a point 2,300 feet north of Moss Bridge Road north to the city limits. 29.Story Mill Road.The speed limit is 30 miles per hour from the north line of Bridger Drive north to the city limits. 30.South Third Avenue.The speed limit is 35 miles per hour from the south line of West Graf Street south to the city limit. 31.East Valley Center Road. a.The speed limit is 45 miles per hour from North Nineteenth Avenue west a distance of approximately 2,830 feet. b.The speed limit is 50 miles per hour from a point approximately 2,830 feet west of North Nineteenth Avenue to a point approximately 290 feet west of North Twenty-seventh Avenue. 274 Ordinance No. 2162, Revising Speed Limits Page 6 of 7 c.The speed limit is 60 miles per hour from a point approximately 290 feet west of North Twenty-seventh Avenue west to 330 feet east of East Valley Center Spur. d.The speed limit is 45 miles per hour from a point 330 feet east of East Valley Center Spur west to the city limits. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. The park speed limits repealed from BMC 36.07.040(A) will be in full force and effect pursuant to an order issued by the Director of Transportation and Engineering. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. The specific speeds zones for the parks listed in BMC Sec. 36.07.070.A.1 –12 are repealed from the code, but remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall be codified as indicated in Section 1. Section 6 Effective Date. 275 Ordinance No. 2162, Revising Speed Limits Page 7 of 7 This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 10th day of September 2024. ____________________________________ TERENCE CUNINGHAM 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 ___ of ____________________, 20__. The effective date of this ordinance is ______________, 20__. _________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 276 MEMORANDUM To: Taylor Lonsdale, City of Bozeman Engineer III From: Joey Staszcuk, PE, PTOE Date: 10/20/2023 Reference: Speed Limit Recommendation Kagy Boulevard (C001212) – Bozeman, Montana Introduction In May of 2023, the City of Bozeman requested a comprehensive speedy study for Kagy Boulevard (MDT Route C001212), a minor arterial per MDT and a principal arterial per the City of Bozeman. The west end of the study area begins at South 19th Avenue (RP 0.00) and traverses 5,500 feet east to the intersection with South Willson Avenue/South 3rd Avenue (RP 1.04). The speed limit on this portion of roadway is 35 mph between South 19th Avenue and South Willson Avenue/South 3rd Avenue. This study will review the posted speed limit and observed travel speeds. Site Characteristics This segment of Kagy Boulevard was originally constructed prior to 1957. The last improvements to this road were made in 2017 as part of the Kagy Boulevard Interim Improvements project from South 7th Avenue to South 11th Avenue (per the committed Transportation System Management Improvement, CTSM-14, per the City of Bozeman Transportation Master Plan (TMP). The west end of Kagy Boulevard begins 400 feet west of South 22nd Avenue and traverses 3.3 miles to the east terminus at Bozeman Trail Road/Arnica Drive, where it becomes Bozeman Trail Road. In the study area, between South 11th and 19th Avenues, the roadway’s typical section is comprised of 11-foot travel lanes in each direction with varying width (3-6 feet) paved shoulders and no curb and gutter. There is a small portion of 5-foot-wide sidewalk on the south side of the roadway between the two Stadium Drive accesses and a 400-foot-long center two-way left-turn lane (TWLTL) in the same area. Between South 11th Avenue and South 7th Avenue, Kagy Boulevard has 11-foot travel lanes in each direction, a center TWLTL, and 3.5- foot bike lanes in each direction with 1.5-foot gutters. Behind the curb-and-gutter, there is a 5.5-foot detached sidewalk on each side of the roadway. There are designated auxiliary left-turn lanes at most intersections. Between South 7th Avenue and South Willson Avenue there are 11-foot travel lanes in each direction, 3.5-foot on-street bicycle lanes with 1.5-foot gutter, and a center median with 277 October 20, 2023 2 auxiliary turn lanes at intersections. There is also 5-foot-wide detached sidewalks in this area. There is a mid-block crossing with a pedestrian hybrid beacon (also known as a HAWK signal) near Bobcat Circle (the access to Montana State University’s Bobcat Stadium), and a crossing with Rectangular Rapid Flashing Beacons (RRFBs) at the unsignalized intersection with South 7th Avenue. The roadside environment is mixed-use urban, with residential street accesses, schools, Montana State University accesses, commercial accesses, and rural farmland. The Streamline bus has a late-night route (8:00 PM to 2:30 AM) that uses Kagy Boulevard between South Willson Avenue and South 11th Avenue. There is no on-street parking on the roadway, and it appears that sight distance is adequate throughout the corridor. The average annual daily traffic (AADT) volumes from 2017 to 2022 ranged between 9,200 and 17,800 vehicles per day along the study corridor. Seasonal adjusted MDT AADT data is illustrated in the Table 1 below. Table 1. MDT Traffic Counts (AADT) from 2017-2022 *Data grown from prior years The 2017 Bozeman TMP recommends the Kagy Boulevard project area corridor should be improved through a Major Street Network (MSN) project. MSN-8 intends to reconstruct Kagy Boulevard between South 19th Avenue and South Willson Avenue to a four-lane urban principal arterial standard. It is also recommended in the TMP that a future 1.75-mile road connection should be constructed for Kagy Boulevard from South 19th Avenue to Cottonwood Road. The TMP-recommended pedestrian spot improvement, SPOT-1, is a pedestrian tunnel at Kagy Boulevard and South 7th Avenue, linking the main MSU campus to WTI, the Museum of AADT (year) Traffic Counter Location East of South 19th Avenue (MDT Location 16-3B-082) East of South 11th Avenue (MDT Location 16-3B-083) East of South 7th Avenue (MDT Location 16-3B-084) 2022 11,474 12,246 10,922 2021 17,798* 14,932* 9,998* 2020 16,480* 13,826* 9,257 2019 17,720 14,867 12,601* 2018 12,463* 11,836* 12,526 2017 12,451 11,824 14,168* 278 October 20, 2023 3 the Rockies, and the neighborhoods to the south. A second TMP project (SPOT-6) recommends short-term intersection improvements at Kagy Boulevard and South 11th Avenue by installing bicycle boxes in the north and south directions with a “right turn on red” prohibition on South 11th Avenue. The goal of this improvement is helping cyclist queues traveling between campus and the south. In the long term, improvements could potentially include a recommended roundabout with a pedestrian tunnel across Kagy Boulevard. If the signal remains, leading pedestrian intervals and bike lane-to-path transitions should be provided. SPOT-7 recommends a grade-separated crossing between the MSU campus and the stadium via a pedestrian tunnel. SPOT-8 recommends a pedestrian tunnel at Kagy Boulevard and South Willson Avenue with access for the Gallagator Trail. In the short term, the TMP recommends that a bike box should be added on the South Willson Avenue approach and a new ramp for the Gallagator Trail to access the bike box and paved path. It should be located approximately 75 feet west of the existing pedestrian crossing. Speed Zone History The existing speed limit, implemented in 1997, is 35 mph throughout the study area. West of the project area the roadway becomes more residential, however there is no new speed limit posted. East of the project area the speed limit on Kagy Boulevard remains 35 mph until 1.20 miles east of Willson Avenue, where the speed limit increases to 40 mph. City of Bozeman Ordinance 2142, NACTO Safe Speed Study Based upon an action item recommended in the Bozeman Streets Are For Everyone (SAFE) safety plan (2022), the City has been reevaluating how speed limits are set and/or adjusted on city-controlled routes to improve safety. The policy recommends using the Safe Speed Study methodology defined by the National Association of City Transportation Officials (NACTO) and recommends focusing on speed limit revisions to arterial and collector roadways and leaving local street speed limits unchanged. The ordinance was passed on July 25, 2023. The NACTO Safe Speed Study methodology uses context sensitive speed limits based upon the frequency of potential conflicting movements (i.e. intersections and driveways), modal mixing (the level of physical separation between varying modes such as pedestrians, cyclists and vehicles), and crossing point density (how closely spaced intersections, driveways and are crossing types are to one another). These characteristics are correlated with the functional classification of roadways. Using this NACTO approach, the City of Bozeman changed the speed limits on City controlled principal arterial streets to 35 mph and to 30 mph on minor arterial and collector streets. Arterial and collector routes in dense areas of downtown and business districts will remain at 25 mph. Crash and Citation History Historical crash data was obtained from MDT for the Kagy Boulevard corridor between South 19th Avenue and South Willson Avenue for the 5-year period from January 1, 2017 through 279 October 20, 2023 4 December 31, 2021. The data was analyzed for the purposes of identifying crash trends. During the five-year period there were 38 crashes that occurred along the project corridor. Twenty- two (22) of the 38 (58%) crashes occurred on the corridor with the remaining 16 (42%) crashes occurring at intersections or access points. The most common crash types were rear- end collisions (25 of 38, 66%). Six of the 38 crashes (16%) resulted in injuries; 4 crashes involved rear-end collisions, 1 pedestrian collision and 1 head on collision. Collision types are illustrated in the Table 2 below. Table 2. Collision Types for Kagy Blvd, S 19th Ave to S Willson Ave, 2017-2021 During the same period as the historical crash data, a review of citation data from the Montana Highway Patrol showed that there were 30 ticketed traffic violations. Three (3) violations were due to careless driving (no further information provided). Additional citations included lack of seatbelt usage, driving with a revoked license or no insurance, an obstructed windshield, failure to yield or obey a traffic sign/signal, and driving under the influence. Table 3 illustrates the citation types for 2017-2021 provided by MDT. Table 3. MDT Citation Types for Kagy Boulevard, S 19th Ave to S Willson Ave, 2017-2021 The City of Bozeman Police Department provided updated citation data for the 43-month timeframe between October 2018 (due to a new citation recording system) and May 2022. Table 4 illustrates the citation types based upon the City’s data. Collision Type Rear End Right Angle LT, SD Sideswipe, OD RT, OD Fixed Object Head On Ped Wildlife Total 25 3 1 2 1 2 2 1 1 38 Citation Type, 2017-2021 (MDT) Seatbelt Violation Careless Driving No Registration/ Insurance Revoked License Obstructed Windshield Failure to Yield or Obey Signal DUI Total 9 3 6 1 1 2 8 30 280 October 20, 2023 5 Table 4. City of Bozeman Citations for Kagy Blvd, S 19th Ave to S Willson Ave, Oct. 2018-May 2022 Travel Speeds Vehicular travel speeds were sampled at three locations to develop a speed profile of the 50th and 85th percentile speeds and the pace of the traffic stream to evaluate the speed limit configuration of Kagy Boulevard. Data was continuously collected at reference posts (RP) 0.4, 0.7, and 0.8 for 280 hours each from Tuesday, April 18 at 4:00 PM through Sunday, April 30 at 11:00 AM, 2023. The following spot speed sample statistics illustrated in Table 5 occurred on the Kagy Boulevard corridor between South 19th Avenue and South Willson Avenue. For analysis the two portions of roadway between South 11th Avenue and Willson Avenue were combined due to similarities in context, travel patterns, and speeds. Table 5. Speed Sample Statistics for Kagy Boulevard, S 19th Ave to S Willson Ave, April 18-30, 2023 Contextual Characteristics The National Cooperative Highway Research Program (NCHRP) recently completed research for setting appropriate speed limits on rural and urban streets. NCHRP Report 17-76: Citation Type, October 2018-May 2022 (City of Bozeman) Seatbelt Violation Careless Driving No Registration/ Insurance Revoked License Speeding Failure to Yield or Obey Signal DUI Total 0 31 18 6 13 11 12 91 Location 50th Percentile Speed 85th Percentile Speed Pace of Traffic Stream 35 mph Speed Zone-EB & WB 36 mph EB 40 mph EB (31 mph - 41 mph) 81% S 19th Ave to S 11th Ave 860ft W of S 11th Ave 35 mph WB 39 mph WB (31 mph - 41 mph) 84% 35 mph Speed Zone-EB & WB 31 mph EB 35 mph EB (26 mph - 36 mph) 81% S 11th Ave to S 7th Ave 900 ft E of S 11th Ave 30 mph WB 35 mph WB (26 mph - 36 mph) 68% 35 mph Speed Zone-EB & WB 32 mph EB 35 mph EB (27 mph – 37 mph) 83% S 7th Ave to Willson Ave 320 ft E of S 7th Ave 30 mph WB 34 mph WB (25 mph – 35 mph) 76% 281 October 20, 2023 6 Development of a Posted Speed Limit Setting Procedure and Tool, considers the roadway’s contextual environment and how it influences operating speeds and safety. The procedure of the speed limit setting (SLS) tool uses fact-based decision rules that consider driver speed choices, general roadway and roadside characteristics, and crash potentials for a segment. It evaluates functional classification, speed, AADT, presence of multi-modal facilities and other contextual aspects that impact safety to help determine an appropriate speed limit. The SLS tool was used to evaluate Kagy Boulevard separating the project study area into two separate analyses; one analysis was for the existing 35 mph posted speed area located between South Willson Avenue and South 11th Avenue and the other analysis included the portion of roadway with a 35-mph posted speed between South 11th Avenue to South 19th Avenue. For both portions of roadway, the developed area criteria were applied. The results of the SLS tool recommend a 30-mph posted speed east of South 11th Avenue, and a 35-mph posted speed west of South 11th Avenue. These results are based upon the existing posted speed, speed data collected, context of the roadway, and vulnerable user volumes and facilities. The SLS tool data can be seen attached to this study. The SLS tool results are based upon NCHRP 17-76’s Table 7, Overview of decision rules for a Developed Area SLSG (Speed Limit Setting Guide), using inputs such as the number of lanes, the undivided roadway or the TWLTL median, no on-street parking and the low density of accesses and signals. Based upon the roadway characteristics of the portion of corridor between South 11th Avenue and Willson Avenue, the rounded down 85th percentile speed would be recommended, however, when evaluating the bicycle activity and lack of adequate facilities, it recommends the closest 50th percentile speed, 30 mph, as the posted speed. This is consistent with high bicycle activity in a motor vehicle lane, shoulder or non-separated bike lane as noted in Table 9, Overview of Decision Rules for Full Access SLSG. For the eastern portion of the corridor, between South 11th Avenue and South 7th Avenue, the closest 50th percentile speed was recommended due to the high pedestrian and bicycle activity and the lack of sidewalk and non-separated bicycle lanes. The tool recommends a 35-mph speed limit due to the 50th percentile speed being recorded as 36-mph. The NCHRP 17-76 report and SLS tool also address the link between safety concerns of historical crashes (KABCO, with K being fatal crashes, A representing incapacitating injury, B representing non-incapacitating injury, C representing possible injury and O representing no injury, property damage only) and suggested speed limit. It states that when crashes are a significant concern then the suggested speed limit would reflect the 5 mph increment closest to the 50th percentile speed in developed areas. The portion of roadway between South 11th Avenue to Willson Avenue has a higher observed KABCO crash rate than the Highway Safety Information System (HSIS) average crash rate, although the observed KABC (excluding property damage only crashes, to help evaluate crash severity) crash rate is lower than the HSIS average KABC crash rate (meaning it has more than expected crashes, but less severe crashes than expected). The portion of roadway between South 11th Avenue and South 19th Avenue 282 October 20, 2023 7 has a KABCO (all crashes) crash rate and a KABC crash rate (injury and fatal related crashes) that are lower than the HSIS average KABCO and KABC crash rates. If the NCHRP 17-76 SLS tool recommended speed limits were to be applied, the speed limits to the west of South 11th Avenue would be posted at 35 mph, as it is in existing conditions. However, this would be a 0.52-mile portion of roadway before Kagy Boulevard becomes more residential and then terminates, where a lower speed limit would be adequate. The report and tool recommend a posted speed zone of 30 mph between South 11th Avenue and Willson Avenue; however this creates a small bubble of increased speeds between South 11th Avenue and South 19th Avenue for approximately 2800 feet. With the presence of multi-modal activity and lack of facilities between South 11th Avenue and South 19th Avenue, consideration should be given to setting a consistent speed limit (30 mph) to improve safety for vulnerable users throughout the corridor instead of the short portion of roadway with an increased posted speed of 35 mph. If implemented, increased enforcement would be beneficial for compliance. Using the newly adopted (July 2023) City of Bozeman Ordinance implementing NACTO’s Safe Speed Study approach, given the volume of multi-modal traffic and number of crossing locations, City staff determined that a speed limit of 25-mph would be most appropriate. It should also be noted that the Bozeman TMP, Section 4.4.4, Table 4.8: Desirable Bike Lane Widths, recommends that for a facility with a 30-mph posted speed limit the desirable bicycle lane is 6.5 feet. For a 35-mph posted speed, a 5-foot bicycle lane and 2-foot minimum buffer is recommended. A 40-mph facility should have a 5-foot bicycle lane and 3-foot buffer, and with a posted speed of 45 the facility should have a 6-foot bicycle lane with a 3-foot buffer. The existing bike lane and buffer does not conform to any of the recommended designs, suggesting a lower speed would be safer for the presence of vulnerable users. Table 6. Speed Limit Setting Recommendations (NCHRP 17-76) South 19th Avenue to South 11th Avenue South 11th Avenue to South Willson Avenue Existing Speed Limit (mph) 35 35 Speed Limit on Kagy Boulevard Outer Extent of Project Area (mph) Not posted, residential 35 Suggested Speed Limit Based Upon Developed Area Criteria and Ped/Bike Facilities (mph) 35 30 283 October 20, 2023 8 Crash Analysis Suggested Speed Limit (mph) 35 30 Bozeman Ordinance 2142, NACTO Safe Speed 25 mph for school zones 25 mph for school zones Bozeman TMP: Desirable Bike Lane Width Criteria, Suggested Speed Limit Not within Criteria Not within Criteria Conclusions and Recommendations A review of the spot speed samples on Kagy Boulevard shows that there are distinct differences between the South 19th Avenue to South 11th Avenue portion of road and the South 11th Avenue to Willson Avenue portion of road with respect to the 85th percentile speeds, 50th percentile speeds and range of pace. The eastern portion of roadway has speeds that are approximately 5 mph lower than the western part of the corridor. The 85th percentile speed collected 860 feet west of South 11th Avenue is 40 mph for the eastbound traffic and 39 mph for the westbound traffic. The pace of the traffic stream at this location is closer to the 50th percentile speed, with a range of 31 mph - 41 mph for eastbound and westbound traffic and a 50th percentile speed of 35 mph. At this location the roadway environment is straight, flat with suburban conditions and very few access points in the immediately vicinity. Between South 11th Avenue and Willson Avenue the 85th percentile speeds and pace of the traffic streams were lower than the previous segment’s operating speeds. The 85th percentile speed was 35 mph for both eastbound and westbound traffic. The pace of the travel stream was approximately 26 mph - 36 mph for both eastbound and westbound traffic with a 50th percentile speed of 31 mph. This location has a high number of vulnerable users on the corridor due the development and university. Due to the presence of the multi-modal users and the lack of facilities, NCHRP recommends that the posted speeds be the closest 50th percentile speeds, which would be 35 mph on the west portion of the corridor and 30 mph on the eastern portion of the corridor. A crash analysis was performed to compare crash history to similar type roadways in the HSIS database using the Speed Limit Setting (SLS) tool. For both evaluated portions of the corridor it was calculated that the historical crash rates and injury crash rates are lower than the average HSIS crash rates. In July, 2023, the City of Bozeman adopted the Safe Speed Study, using NACTO’s methodology to recommend context sensitive speed limits based upon the frequency of potential conflicting movements, modal mixing, and crossing point density. These characteristics tie into the functional classification. Using this NACTO approach, due to the proximity of schools and the university in the corridor and the large amount of active transportation, City staff determined 284 October 20, 2023 9 that a speed limit of 25 mph would be most appropriate. Additionally, the 2017 Bozeman TMP provides guidance for on-street bike lanes for various posted speed roadways. For the existing 3.5-foot bike lane on Kagy Boulevard, criteria do not match the guidance, which would suggest lower speeds would be safer for vulnerable users. Sanderson Stewart recommends lowering the existing speed limits on Kagy Boulevard to a posted speed of 30 mph for the entire study area to help improve the safety of vulnerable users and provide a consistent speed limit. Sanderson Stewart recommends the following speed limits: A 30-mph speed limit between South Willson Avenue and South 19th Avenue, to create a consistent speed and safe environment for vulnerable users in the project area. 285 5060403020MPH5060403020MPHMATCHRP 0.5KAGY BLVD REFERENCE POSTS BEGINAT RP 0.00 AT THE CROSSING OF S 19THAVE AND KAGY BLVD, AND INCREASE TOTHE EAST.KAGY BLVD500FTSTA #1RP 0.4Parking Lot AccessBobcat CirBobcat CirS 11th AveS 11th AveAccessStadium DrStadium DrAccessCENTERLANEONLY35SPEEDLIMIT35 SPEEDLIMIT CENTERLANE ONLY ONLY STOPREDHEREONSTOP RED HERE ON CENTERLANE ONLY END CENTERLANEONLYBEGIN286 5060403020MPH5060403020MPHMATCHRP 0.5KAGY BLVD REFERENCE POSTS BEGINAT RP 0.00 AT THE CROSSING OF S 19THAVE AND KAGY BLVD, AND INCREASE TOTHE EAST.S 3rd AveS 3rd AveS Willson AveGreek WayS 7th AveMuseum AccessS 7th AveKAGY BLVD35 SPEED LIMIT AHEADSTA #2RP 0.7STA #3RP 0.8ONLY CENTERLANE ONLY BEGIN AHEADCENTERLANEONLYENDONLYONLY287 NCHRP 17-76 Speed Limit Setting Tool Input Cells Description Output Cells Site Description Data Color-Coding Legend Suburban Roadway context Aqua = basic input cell Minor arterial Roadway type Denim = basic input cell with drop-down menu Yes Are crash data available? Orange = optional input cell (not needed for calculations) KPC Analyst Green = optional input cell (use if data for agency & region are available, leave blank otherwise) 7/11/2023 Date Rose = intermediate calculations Kagy Blvd Roadway name Purple = final analysis results S 11th to S 19th Description 35 Current speed limit (mph) Notes Note: The "Test macros" button provides a message to verify proper macro operation. Analysis Results Advisory, Calculated, or Warning Messages Speed limit setting group Developed Suggested speed limit (mph) 35 This value is determined by speed data & site characteristics. Speed Data Advisory, Calculated, or Warning Messages 35 Maximum speed limit (mph) 40 85th-percentile speed (mph) 36 50th-percentile speed (mph) Site Characteristics Advisory, Calculated, or Warning Messages 0.52 Segment length (mi) 2 Number of lanes (two-way total) Undivided Median type 2 Number of traffic signals Rounded-Down 85th (3.85 signals / mi) 15 Number of access points (total of both directions)28.85 access points / mi High / Not separated Bicyclist activity / bike lane type Closest 50th None Sidewalk presence / width High Pedestrian activity Closest 50th Not high On-street parking activity No Parallel parking permitted? No Angle parking present? No Adverse alignment present? Crash Data Advisory, Calculated, or Warning Messages 5 Number of years of crash data 15,382 Average AADT for crash data period (veh/d) No Is the segment a one-way street? 22 All (KABCO) crashes for crash data period Observed KABCO crash rate = 150.71 crashes / 100 MVMT 4 Fatal & injury (KABC) crashes for crash data period Observed KABC crash rate = 27.4 crashes / 100 MVMT Average KABCO crash rate (crashes / 100 MVMT)HSIS average KABCO crash rate = 253.25 crashes / 100 MVMT Average KABC crash rate (crashes / 100 MVMT)HSIS average KABC crash rate = 78.14 crashes / 100 MVMT 1.3 x average KABCO crash rate (crashes / 100 MVMT) 329.2 1.3 x average KABC crash rate (crashes / 100 MVMT) 101.6 Critical KABCO crash rate (crashes / 100 MVMT) 325.2 Critical KABC crash rate (crashes / 100 MVMT) 119.6 288 NCHRP 17-76 Speed Limit Setting Tool Input Cells Description Output Cells Site Description Data Color-Coding Legend Suburban Roadway context Aqua = basic input cell Minor arterial Roadway type Denim = basic input cell with drop-down menu Yes Are crash data available? Orange = optional input cell (not needed for calculations) KPC Analyst Green = optional input cell (use if data for agency & region are available, leave blank otherwise) 7/11/2023 Date Rose = intermediate calculations Kagy Blvd Roadway name Purple = final analysis results S 11th to Willson Description 35 Current speed limit (mph) Notes Note: The "Test macros" button provides a message to verify proper macro operation. Analysis Results Advisory, Calculated, or Warning Messages Speed limit setting group Developed Suggested speed limit (mph) 30 This value is determined by speed data & site characteristics. Speed Data Advisory, Calculated, or Warning Messages 35 Maximum speed limit (mph) 35 85th-percentile speed (mph) 31 50th-percentile speed (mph) Site Characteristics Advisory, Calculated, or Warning Messages 0.52 Segment length (mi) 2 Number of lanes (two-way total) TWLTL Median type 2 Number of traffic signals Rounded-Down 85th (3.85 signals / mi) 8 Number of access points (total of both directions)15.38 access points / mi High / Not separated Bicyclist activity / bike lane type Closest 50th Adequate Sidewalk presence / width Present Sidewalk buffer High Pedestrian activity Not high On-street parking activity No Parallel parking permitted? No Angle parking present? No Adverse alignment present? Crash Data Advisory, Calculated, or Warning Messages 5 Number of years of crash data 11,710 Average AADT for crash data period (veh/d) No Is the segment a one-way street? 32 All (KABCO) crashes for crash data period Observed KABCO crash rate = 287.96 crashes / 100 MVMT 5 Fatal & injury (KABC) crashes for crash data period Observed KABC crash rate = 44.99 crashes / 100 MVMT Average KABCO crash rate (crashes / 100 MVMT)HSIS average KABCO crash rate = 246.62 crashes / 100 MVMT Average KABC crash rate (crashes / 100 MVMT)HSIS average KABC crash rate = 73.14 crashes / 100 MVMT 1.3 x average KABCO crash rate (crashes / 100 MVMT) 320.6 1.3 x average KABC crash rate (crashes / 100 MVMT) 95.1 Critical KABCO crash rate (crashes / 100 MVMT) 328.6 Critical KABC crash rate (crashes / 100 MVMT) 119.8 289 \\state\mdt\prd\Helena\Traffic\Investigations\01_PUBLIC_MASTER\MASTER_FILE\BUTTE\BOZEMAN\2023_C00 1212_000.0\2023_C001212_000.0_SGN001.docx Memorandum To: Geno Liva, P.E. – Butte District Administrator From: Stanton E. Brelin II, P.E. – Traffic Operations Engineer Date: May 14, 2024 Subject:Commission Approved - Speed Limits Kagy Avenue (U-1212) – Bozeman On April 29th 2024, the Montana Transportation Commission approved the speed limit configuration for Kagy Avenue (U-1212) – Bozeman. Attached are drawings depicting the speed zone configuration. A written description of the approved speed zone is given below. Kagy Avenue (U-1212) – Bozeman A 30-mph speed limit between North 19th Avenue and South Willson Avenue, an approximate distance of 5,500-feet. Please advise our office in writing when these changes are complete. If you have any questions, feel free to contact Brenden Borges at 406-444-6255. e-copies: attachments: Gabe B. Priebe, P.E. – Traffic & Safety Engineer Kristina Barnick – Butte District Traffic Engineer Brenden Borges, P.E. – Investigations Lead Worker 2023_C001212_000.0_SGN002.pdf 2023_C001212_000.0_MAP001.pdf PO Box 201001 Helena, MT 59620-1001 Montana Department of Transportation 290 291 292 MEMORANDUM To: Taylor Lonsdale, City of Bozeman Engineer III From: Joey Staszcuk, PE, PTOE Date: October 20, 2023 Reference: Speed Limit Recommendation Oak Street (C068285) – Bozeman, Montana Introduction In May of 2023, the City of Bozeman requested a comprehensive speedy study for Oak Street (MDT Route C068285), a principal arterial per MDT and a minor arterial per the City of Bozeman. The west end of the study area begins at North 19th Avenue and traverses 4,150- feet (0.79 miles) east to the intersection with North 7th Avenue. The speed limits on this portion of roadway are 45-mph between North 19th Avenue and North 11th Avenue (RP 0.00 – RP 0.53) and 35-mph between North 11th Avenue and North 7th Avenue (RP 0.53 – RP 0.79). This study will analyze the posted speed limits and observed travel speeds. Site Characteristics This segment of Oak Street was constructed after 1987. The last improvements to this road were made in 2017-2018 between North 19th Avenue and North 15th Avenue with the addition of curb and gutter, a second eastbound through lane and a multi-modal path on the south side of the roadway. The west end of Oak Street begins 3,100-feet (0.59 miles) west of North Cottonwood Road and traverses 22,700-feet (4.30) miles to its east terminus at North Rouse Avenue. In the study area, between North 19th Avenue and North 7th Avenue, the roadway’s typical section is comprised of two 12-foot travel lanes, five-foot bicycle lanes and 1.5-foot paved shoulders in each direction and a center two-way left-turn lane (TWLTL). There is curb and gutter and detached multi-use paths, varying in width from eight to ten feet, on each side of the roadway except near undeveloped lots. On the south side of the roadway, between North 11th Avenue and 300-feet (0.06 miles) east, there is a five-foot detached sidewalk. Between 300-feet east of North 11th Avenue and North 7th Avenue there is a six-foot attached sidewalk. There is a bus pull-out on the south side of the roadway east of North 15th Avenue. At larger intersections, auxiliary turn lanes are present. The roadside environment is suburban, with residential street accesses and commercial accesses. There are Streamline (transit) bus stops near North 15th Avenue and east of North 11th Avenue. There is no parking on the roadway, and it appears that sight distance is adequate throughout the corridor. There is no raised center median in the study area. 293 October 20, 2023 2 The average annual daily traffic (AADT) volumes from 2017 to 2022 ranged between 12,500 to 16,400 vehicles per day. Seasonal adjusted MDT AADT data is illustrated in Table 1 below. Table 1. MDT Traffic Counts (AADT) from 2017-2022 Traffic Counter Location AADT (Year) East of North 19th Avenue (MDT Location 16-3B-033) West of North 7th Avenue (MDT Location 16-3B-034) 2022 15,994 12,482 2021 16,378* 14,741* 2020 15,165 13,649 2019 15,160* 22,101* 2018 15,070* 21,969 2017 15,055 12,960* *Data grown from prior years The 2017 Bozeman TMP recommends multiple Major Street Network (MSN) projects on each side of the project area, with MSN-9 reconstructing Oak Street between North 19th Avenue and North 27th Avenue to a five-lane urban principal arterial standard and MSN-2 reconstructing Oak Street from North 7th Avenue to the west edge of the Cannery District to a three-lane urban principal arterial standard. MSN-43 completed Oak Street from North 15th Avenue to North 19th Avenue to a five-lane urban principal arterial standard. The Transportation System Management (TSM) project TSM-16 is recommended to modify the intersection of Oak Street and North 19th Avenue to add additional lanes on the west approach of Oak Street, coupled with traffic signal modifications. TSM-17 is recommended to make geometric improvements to the intersection of Oak Street and North 11th Avenue with a traffic signal installation when signal warrants are met. TSM-19 recommends modifications to the intersection of Oak Street and North 7th Avenue to add additional lanes on the east approach of Oak Street, along with traffic signal modifications. SP-14 recommends connection of existing sections of shared use paths and replacement of some existing sidewalk between North 7th Avenue and North 12th Avenue. Speed Zone History The existing speed limits, which are recorded from 2004 by MDT, vary throughout the study area. Between North 19th Avenue and North 11th Avenue the speed limit is 45-mph. East of 294 October 20, 2023 3 North 11th Avenue the speed limit is 35-mph. West of the North 19th Avenue the speed limit drops to 35-mph. There are no horizontal curves within the study area. City of Bozeman Ordinance 2142, NACTO Safe Speed Study Based upon an action item recommended in the Bozeman Streets Are For Everyone (SAFE) safety plan (2022), the City has been reevaluating how speed limits are set and/or adjusted on city-controlled routes to improve safety. The policy recommends using the Safe Speed Study methodology defined by the National Association of City Transportation Officials (NACTO) and recommends focusing on speed limit revisions to arterial and collector roadways and leaving local street speed limits unchanged. The ordinance was passed on July 25, 2023. The NACTO Safe Speed Study methodology uses context sensitive speed limits based upon the frequency of potential conflicting movements (i.e. intersections and driveways), modal mixing (the level of physical separation between varying modes such as pedestrians, cyclists and vehicles), and crossing point density (how closely spaced intersections, driveways and are crossing types are to one another). These characteristics are correlated with the functional classification of roadways. Using this NACTO approach, the City of Bozeman changed the speed limits on City controlled principal arterial streets to 35 mph and to 30 mph on minor arterial and collector streets. Arterial and collector routes in dense areas of downtown and business districts will remain at 25 mph. Crash and Citation History Historical crash data was obtained for the Oak Street corridor between North 19th Avenue and North 7th Avenue from MDT for the five-year period from January 1, 2017, through December 31, 2021. The data was analyzed for the purposes of identifying crash trends, which occurred solely at intersections within the project area. The 2017 Bozeman TMP states that 7th Avenue/Oak Street is a high crash severity location. During the five-year period, there were (28) crashes that occurred at intersections within the project corridor. The most common crash types were rear-end (10 of 28, 36 percent) and right-angle collisions (9 of 28, 32 percent). Thirteen (13) of the 28 crashes (46 percent) resulted in injuries. Collision types are illustrated in the Table 2 below. In October 2022, there was a bicycle related fatality at the intersection of Oak Street/North 15th Avenue. The crash report states that a westbound vehicle ran a red light and hit a southbound bicyclist. The vehicle’s speed was not available from the crash report, however higher vehicle speeds are associated with more severe crashes for vulnerable users. The American Automobile Association (AAA) Foundation for Safety published a 2011 report, Impact Speed and a Pedestrian’s Risk of Severe Injury or Death, which stated that the average risk of severe injury for a pedestrian struck by a vehicle reaches ten percent at an impact speed of 16 mph, 25 percent at 23-mph, 50 percent at 31-mph, 75 percent at 39-mph, and 90 percent at 46- mph. The average risk of death for a pedestrian reaches ten percent at an impact speed of 23- 295 October 20, 2023 4 mph, 25 percent at 32-mph, 50 percent at 42-mph, 75 percent at 50-mph, and 90 percent at 58- mph. Table 2. MDT Crash Types for Oak Street, N 19th Ave to N 7th Ave, 2017-2021 During the same time period as the historical crash data, a review of citation data from the Montana Highway Patrol showed that there were 33 ticketed traffic violations. Two violations were due to failure to yield to a through vehicle or failure to obey signal (no detailed information provided), and three were reported as speeding. Additional citations included lack of seatbelt usage, driving with a revoked license or no insurance, leaving the scene of an accident, possession of drug paraphernalia, and driving under the influence. Table 3 illustrates the citation types for 2017-2021 provided by MDT. Table 3. MDT Citation Types for Oak Street, N 19th Ave to N 7th Ave, 2017-2021 The City of Bozeman Police Department provided updated citation data for the 43-month timeframe from October 2018 (due to a new citation recording system) through May 2022. Table 4 illustrates the City’s most recent citation data. Table 4. City of Bozeman Citation Types for Oak Street, N 19th Ave to N 7th Ave, October 2018- May 2022 Collision Type Rear End Right Angle LT, OD LT, SD Head On Pedestrian Bike Total 10 9 4 1 2 1 1 28 Citation Type - 2017-2021 (MDT) Seatbelt Violation Possession of Drug Paraphernalia Failure to Yield Left Scene of Accident Revoked License Speed Expired Registration/ Insurance DUI Total 9 2 2 2 2 3 10 3 33 Citation Type - October 2018-May 2022 (City of Bozeman) Seatbelt Violation Careless Driving Traffic Control Violation Revoked License Speed Registration/ Insurance Expired DUI Total 2 51 23 56 19 119 42 312 296 October 20, 2023 5 Travel Speeds Vehicular travel speeds were sampled at three locations to develop a speed profile of the 50th percentile speeds, 85th percentile speeds, and the pace of the traffic stream to evaluate the speed limit configuration of Oak Street. Data was continuously collected at reference posts (RP) 0.2, 0.7 for 135-hours and at reference post (RP) 0.5 for 285-hours between Friday, May 12, 2023, 4:00 PM and Wednesday, May 24, 2023, 4:00 PM, 2023. The spot speed sample statistics illustrated in Table 5 on page five occurred on the corridor between North 19th Avenue and North 7th Avenue. Table 5. Spot Speed Sample Statistics for Oak Street, N 19th Ave to N 7th Ave, May 12-24, 2023 Contextual Characteristics The National Cooperative Highway Research Program (NCHRP) recently completed research for setting appropriate speed limits on rural and urban streets. NCHRP Report 17-76: Development of a Posted Speed Limit Setting Procedure and Tool, considers the roadway’s contextual environment and how it influences operating speeds and safety. The procedure of the accompanying speed limit setting (SLS) tool uses fact-based decision rules that consider both driver speed choices and general roadway and roadside characteristics and crash potentials for a segment. It evaluates roadway context and type/classification, speed, AADT, presence of multi-modal facilities and other contextual aspects that impact safety to help determine an appropriate speed limit. For this portion of roadway, the developed area criteria were applied. The SLS tool was used to evaluate Oak Street separating the project study area into two separate analyses; one analysis was for the existing 35-mph posted speed area located between North 7th Avenue and North 11th Avenue and the other analyses include the portion of Location 50th Percentile Speed 85th Percentile Speed Pace of Traffic Stream 45-mph Speed Zone - EB & WB 165-ft W of N 17th Ave 36-mph EB 42-mph EB (33-mph – 43-mph) 66% 270-ft W of N 15th Ave 37-mph WB 42-mph WB (30-mph – 40-mph) 52% 325-ft W of N 12th Ave 40-mph EB 44-mph WB (35-mph – 45-mph) 72% 120-ft W of N 12th Ave 40-mph WB 44-mph EB (35-mph – 45-mph) 72% 35-mph Speed Zone - EB & WB 630-ft E of N 11th Ave 39-mph EB 43-mph EB (34-mph – 44-mph) 74% 755-ft E of N 11th Ave 36-mph WB 40-mph WB (31-mph – 41-mph) 82% 297 October 20, 2023 6 roadway with a 45-mph posted speed between North 11th Avenue to North 19th Avenue. The data from the first two speed locations listed in Table 5 were averaged together for input for the SLS tool. The results of the SLS tool recommended a 35-mph posted speed east of North 11th Avenue, and a 40-mph posted speed west of North 11th Avenue. These results are based upon the existing posted speed, speed data collected, context of the roadway, and vulnerable user volumes and facilities. The SLS tool data and analysis are attached to this study. The SLS tool results are based upon NCHRP 17-76’s Table 7, Overview of decision rules for a Developed Area SLSG (Speed Limit Setting Guide), using inputs such as the number of lanes, the TWLTL median, no on-street parking and the low density of accesses and signals. The closest 85th percentile speed, 40-mph, is the recommended posted speed for the western portion of the corridor. This is consistent with high and average pedestrian traffic, adequate sidewalk widths and a buffer from traffic as noted in Table 8, Decision matrix for sidewalk presence/width, sidewalk buffer and pedestrian activity for a developed SLSG. For the eastern portion of the corridor, between North 11th Avenue and North 7th Avenue, a speed limit of 35-mph was recommended. The NCHRP 17-76 report and SLS tool also address the link between safety concerns of historical crashes (using the KABCO categorization, with K being fatal crashes, A representing incapacitating injury, B representing non-incapacitating injury, C representing possible injury and O representing no injury, property damage only) crashes and suggested speed limit. It recommends that when crashes are a significant concern, the suggested speed limit would reflect the five-mph increment closest to the 50th percentile speed in developed areas. For the portion of roadway between North 11th Avenue and North 19th Avenue, the observed KABCO crash rate is lower than the Highway Safety Information System (HSIS) average crash rate, however the observed KABC (excluding property damage only crashes, to help evaluate crash severity) crash rate of 105.36 crashes/100 Million Vehicle Miles Traveled (MVMT) is almost twice as high as the HSIS average KABC crash rate of 66.16 crashes/100 MVMT. This would suggest taking into consideration the closest five-mph increment to the 50th percentile speed, which is 35-mph towards the west end of the corridor (from the first counter, located between North 15th Avenue and North 17th Avenue) and 40-mph near North 12th Avenue counter location. Applying the NCHRP 17-76 SLS tool recommended speed limits based upon the crash analysis would create a corridor of 35-mph from west of the project area to North 15th Avenue, and 35-mph east of North 12th Avenue. The result would be a small bubble of increased speeds of 40-mph from North 12th Avenue to North 15th Avenue, approximately 1100-feet (0.21-miles). There is future anticipated development along the north and south sides of the corridor, which will most likely warrant a traffic signal at the intersection of Oak Street and North 11th Avenue and increase the number of accesses in the future. With the presence of multi-modal facilities and the increase in accesses, consideration should be given to setting a consistent speed limit to improve safety for vulnerable users throughout the corridor instead of the short portion of 298 October 20, 2023 7 roadway with an increased posted speed between North 11th Avenue and North 19th Avenue. If so, increased enforcement would be beneficial for compliance. Using the newly adopted (July 2023) City of Bozeman’s Ordinance implementing NACTO’s Safe Speed Study approach, a recommended speed limit for Oak Street, a principal arterial, is 35 mph. It should also be noted that the Bozeman TMP, Section 4.4.4, Table 4.8: Desirable Bike Lane Widths, recommends that for a facility with a 30-mph posted speed limit the desirable bicycle lane is 6.5-feet. For a 35-mph posted speed, a 5-foot bicycle lane and 2-foot minimum buffer is recommended. A 40-mph facility should have a 5-foot bicycle lane and 3-foot buffer, and with a posted speed of 45-mph, the facility should have a 6-foot bicycle lane with a 3-foot buffer. To be consistent with these recommendations, the current layout of Oak Street in the project area should be posted at 35-mph. Table 6. Recommended Speed Limit Setting Tool Results (NCHRP 17-76) North 19th Avenue to North 11th Avenue North 11th Avenue to North 7th Avenue Existing Speed Limit 45-mph 35-mph Speed Limit on Oak Street Outer Extent of Project Area 35-mph 35-mph Suggested Speed Limit Based Upon Developed Area Criteria and Ped/Bike Facilities 40-mph 35-mph Crash Analysis Suggested Speed Limit 35-mph 40-mph (15th Ave to 12th Ave) 35-mph Bozeman Ordinance 2142, NACTO Safe Speed 35-mph 35-mph Bozeman TMP: Desirable Bike Lane Width Criteria, Suggested Speed Limit 35-mph 35-mph Conclusions and Recommendations A review of the spot speed samples on Oak Street shows that both the 85th percentile speeds and the range of pace are consistent to each other on the corridor in both the 35-mph and 45- mph posted speed limit zone. The 85th percentile speed collected 165-feet west of North 17th Avenue is 42-mph for eastbound and westbound traffic. The pace of the traffic stream at this location is closer to the 50th percentile speed, with a range of 33-mph – 43-mph for eastbound 299 October 20, 2023 8 traffic and 30-mph – 40-mph for the westbound traffic. At this location the roadway environment is straight, flat with suburban conditions and has very few access points in the immediate vicinity. Approximately 1260-feet east on the roadway, in a 45-mph posted speed zone (located approximately 300-feet west of North 12th Avenue), the 85th percentile speeds and pace of the traffic streams were higher than the previous segment’s operating speeds. The 85th percentile speed was 44-mph for both eastbound and westbound traffic. The pace of the travel stream was 35-mph – 45-mph for both eastbound and westbound traffic. This location is less developed with very few accesses, but future development is anticipated. In the 35-mph posted speed limit area, located approximately 650-feet east of North 11th Avenue, 85th percentile speeds were 43-mph for eastbound traffic and 40-mph for westbound traffic. The pace of the traffic stream between was 34-mph – 44-mph for eastbound traffic and 31-mph – 41-mph for westbound traffic. In this portion of roadway there are more accesses, though not considered a high-density area by NCHRP Report 17-76 standards. A crash analysis was performed to compare crash history to similar type roadways in the HSIS database using the SLS tool. For the eastern portion of this corridor, it was calculated that the historical crash rate is slightly elevated above the HSIS rate, however the crashes causing severities or injuries was found to be historically twice the predicted. Lower speeds on this corridor would improve safety and reduce the severity of crashes. In July, 2023, the City of Bozeman adopted the Safe Speed Study, using NACTO’s methodology to recommend context sensitive speed limits based upon the frequency of potential conflicting movements, modal mixing, and crossing point density. These characteristics tie into the functional classification. Using this NACTO approach, the recommended safe speed limit for Oak Street, a principal arterial, would be 35 mph. Additionally, the Bozeman TMP (2017) provides guidance for on-street bike lanes for various posted speed roadways. For the existing bike lane on Oak Street, criteria match a 35-mph posted speed. Based upon the observations and the guidance of NCHRP Report 17-76: Development of a Posted Speed Limit Setting Procedure and Tool and the presence of an on-street bicycle lane matching City of Bozeman standards of a 35-mph roadway, Sanderson Stewart recommends lowering the existing speed limits on Oak Street to a posted speed of 35-mph from North 19th Avenue to 11th Avenue to help improve the safety of vulnerable users and provide a consistent speed limit. Sanderson Stewart recommends the following speed limits: A 35-mph speed limit between North 7th Avenue and North 19th Avenue, consistent with the existing speed limits on the outer extents of the project area, and in alignment with the City’s newly adopted NACTO methodology for safe speed limits. 300 5060403020MPH5060403020MPHMATCHRP 0.4N 15th AveN 15th AveN 14th AveN 14th AveAccessN 17th AveRP 0.2STA #145SPEEDLIMIT45SPEEDLIMITCENTERLANE ONLY END CENTERLANEONLYBEGINBUS STOP CENTERLANE ONLY BEGIN CENTERLANEONLYENDCENTERLANE ONLY END CENTERLANEONLYBEGINONLYONLY ONLYONLY ANYNOTIMEPARKINGOAK STOAK STOAK ST REFERENCE POSTS BEGINAT RP 0.00 AT THE CROSSING OF19TH AVE AND OAK ST, ANDINCREASE TO THE EAST301 5060403020MPH5060403020MPHMATCHRP 0.4N 11th AveN 11th AveAccessAccessAccessAccessN 12th AveAccessAlley35 SPEEDLIMIT CENTERLANE ONLY ONLY 45 SPEEDLIMIT 35SPEEDLIMITCENTERLANEONLYRIGHT LANEMUSTTURN RIGHTBUS STOP CENTERLANE ONLY BEGIN CENTERLANEONLYENDONLYONLYONLYBUSSTOPRP 0.7RP 0.5STA #2ANYNOTIMEPARKINGANYNOTIMEPARKINGSTA #3OAK STOAK STOAK ST REFERENCE POSTS BEGINAT RP 0.00 AT THE CROSSING OF19TH AVE AND OAK ST, ANDINCREASE TO THE EAST302 NCHRP 17-76 Speed Limit Setting ToolInput CellsDescriptionOutput CellsSite Description DataColor-Coding LegendSuburban Roadway contextAqua = basic input cellPrincipal arterial Roadway typeDenim = basic input cell with drop-down menuYes Are crash data available? Orange = optional input cell (not needed for calculations)KPC AnalystGreen = optional input cell (use if data for agency & region are available, leave blank otherwise)7/11/2023 DateRose = intermediate calculationsOak St Roadway namePurple = final analysis resultsN 11th to N 7th Description35 Current speed limit (mph)NotesNote: The "Test macros" button provides a message to verify proper macro operation.Analysis ResultsAdvisory, Calculated, or Warning MessagesSpeed limit setting group DevelopedSuggested speed limit (mph) 35This value is determined by the maximum speed limit.Speed DataAdvisory, Calculated, or Warning Messages35 Maximum speed limit (mph)41 85th-percentile speed (mph)37 50th-percentile speed (mph)Site CharacteristicsAdvisory, Calculated, or Warning Messages0.25 Segment length (mi)For a suggested speed limit of 35 mph, minimum segment length = 0.35 mi.4 Number of lanes (two-way total)TWLTL Median type1 Number of traffic signalsRounded-Down 85th (4 signals / mi)8 Number of access points (total of both directions)32 access points / miHigh / Separated Bicyclist activity / bike lane typeRounded-Down 85thAdequate Sidewalk presence / widthPresent Sidewalk bufferSome Pedestrian activityNot high On-street parking activityNo Parallel parking permitted?No Angle parking present?No Adverse alignment present?Crash DataAdvisory, Calculated, or Warning Messages5 Number of years of crash data12,482 Average AADT for crash data period (veh/d)No Is the segment a one-way street?11 All (KABCO) crashes for crash data periodObserved KABCO crash rate = 193.15 crashes / 100 MVMT6 Fatal & injury (KABC) crashes for crash data periodObserved KABC crash rate = 105.36 crashes / 100 MVMTAverage KABCO crash rate (crashes / 100 MVMT)HSIS average KABCO crash rate = 202.46 crashes / 100 MVMTAverage KABC crash rate (crashes / 100 MVMT)HSIS average KABC crash rate = 66.16 crashes / 100 MVMT1.3 x average KABCO crash rate (crashes / 100 MVMT) 263.21.3 x average KABC crash rate (crashes / 100 MVMT) 86.0Critical KABCO crash rate (crashes / 100 MVMT) 309.3Critical KABC crash rate (crashes / 100 MVMT) 131.0 303 NCHRP 17-76 Speed Limit Setting ToolInput CellsDescriptionOutput CellsSite Description DataColor-Coding LegendSuburban Roadway contextAqua = basic input cellPrincipal arterial Roadway typeDenim = basic input cell with drop-down menuYes Are crash data available? Orange = optional input cell (not needed for calculations)KPC AnalystGreen = optional input cell (use if data for agency & region are available, leave blank otherwise)7/11/2023 DateRose = intermediate calculationsOak St Roadway namePurple = final analysis resultsN 11th to N 19th Description45 Current speed limit (mph)NotesNote: The "Test macros" button provides a message to verify proper macro operation.Analysis ResultsAdvisory, Calculated, or Warning MessagesSpeed limit setting group DevelopedSuggested speed limit (mph) 40This value is determined by speed data & site characteristics.Speed DataAdvisory, Calculated, or Warning Messages45 Maximum speed limit (mph)43 85th-percentile speed (mph)38 50th-percentile speed (mph)Site CharacteristicsAdvisory, Calculated, or Warning Messages0.53 Segment length (mi)4 Number of lanes (two-way total)TWLTL Median type2 Number of traffic signalsRounded-Down 85th (3.77 signals / mi)4 Number of access points (total of both directions)7.55 access points / miHigh / Separated Bicyclist activity / bike lane typeRounded-Down 85thAdequate Sidewalk presence / widthPresent Sidewalk bufferSome Pedestrian activityNot high On-street parking activityNo Parallel parking permitted?No Angle parking present?No Adverse alignment present?Crash DataAdvisory, Calculated, or Warning Messages5 Number of years of crash data15,994 Average AADT for crash data period (veh/d)No Is the segment a one-way street?22 All (KABCO) crashes for crash data periodObserved KABCO crash rate = 142.21 crashes / 100 MVMT10 Fatal & injury (KABC) crashes for crash data periodObserved KABC crash rate = 64.64 crashes / 100 MVMTAverage KABCO crash rate (crashes / 100 MVMT)HSIS average KABCO crash rate = 202.46 crashes / 100 MVMTAverage KABC crash rate (crashes / 100 MVMT)HSIS average KABC crash rate = 66.16 crashes / 100 MVMT1.3 x average KABCO crash rate (crashes / 100 MVMT) 263.21.3 x average KABC crash rate (crashes / 100 MVMT) 86.0Critical KABCO crash rate (crashes / 100 MVMT) 265.2Critical KABC crash rate (crashes / 100 MVMT) 103.4 304 \\state\mdt\prd\Helena\Traffic\Investigations\01_PUBLIC_MASTER\MASTER_FILE\BUTTE\BOZEMAN\2023_C00 1202_000.0\2023_C001202_000.0_SGN001.docx Memorandum To: Geno Liva, P.E. – Butte District Administrator From: Stanton E. Brelin II, P.E. – Traffic Operations Engineer Date: May 13, 2024 Subject:Commission Approved - Speed Limits Oak Street (U-1202) – Bozeman On April 29th 2024, the Montana Transportation Commission approved the speed limit configuration for Oak Street (U-1202) – Bozeman. Attached are drawings depicting the speed zone configuration. A written description of the approved speed zone is given below. Oak Street (U-1202) – Bozeman A 35-mph speed limit EHWZHHQNorth 7th Avenue and North 19th Avenue, an approximate distance of 4,150-feet. Please advise our office in writing when these changes are complete. If you have any questions, feel free to contact Brenden Borges at 406-444-6255. e-copies: attachments: Gabe B. Priebe, P.E. – Traffic & Safety Engineer Kristina Barnick – Butte District Traffic Engineer Brenden Borges, P.E. – Investigations Lead Worker 2023_C001202_000.0_SGN002.pdf 2023_C001202_000.0_MAP001.pdf PO Box 201001 Helena, MT 59620-1001 Montana Department of Transportation r 305 306 307 Memorandum REPORT TO:City Commission FROM:Greg Sullivan, City Attorney SUBJECT:Ordinance 2166, Provisional Adoption, Prohibiting Trapping on City Lands within the City and on City Lands in the Bozeman Creek Watershed MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Consider the Motion: I move to provisionally adopt Ordinance 2166. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND: Ordinance 2166 prohibits trapping and snaring of furbearing animals, predatory animals, and nongame animals on lands owed by the City within the Bozeman/Sourdough Creek watershed. The City owned lands in the Bozeman Creek watershed are managed for the primary purpose of providing a safe and reliable supply of water for City residents and businesses. As long as recreational uses are not inconsistent with this primary purpose, the City allows the public to use these lands for various recreational purposes. In 2013, the Gallatin National Forest Supervisor issued an order (attached) prohibiting “placing, or maintaining any mechanical device, snare, deadfall, or pit or device capable of capturing any wildlife or domesticated animal” within 500 feet of both edges of the Bozeman Creek trail as shown on the attached map. This includes the main trail in Bozeman Creek from the trailhead to Mystic Cabin and includes the Moser Trail (trails 850 and 851). This Ordinance does not affect the Forest Supervisor’s order. Except in limited circumstances, City ordinances are not enforceable by the City outside of City limits; as such, neither City code enforcement nor City law enforcement have authority to enforce a prohbition on trapping on City lands in the Bozeman Creek watershed. Therefore, this Ordinance proposes 308 to establish that the City as the landowner prohibits trapping and snaring on its lands resulting in the prohibition being enforced by the Montana Department of Fish, Wildlife, and Parks (FWP) or other law enforcement pursuant to 87-6-601(2), MCA. The map attached to the Ordinance depicts the lands where trapping and snaring will be prohibited. The Ordinance grants the authority to the City Manager to make exceptions to the prohibitions. 87-6-601(2), MCA, states, “A person may not use a trap or snare for the purpose of trapping or snaring a fur-bearing animal, a predatory animal, or a nongame species on private property without obtaining permission from the landowner, the lessee, or their agents.” This statute also provides that a person convicted of trapping without the permission of the landowner may be fined not less than $50 or more than $1,000 or be jailed for not more than six months, or both. And, under this statute, a person may be required to forfeit any current hunting, fishing, or trapping license. This Ordinance has no effect on the consent of the City to allow hunting or fishing on City land in the Bozeman Creek watershed in conjunction with established FWP regulations. If the Commission adopts this Ordinance, prior to it becoming effective, the City with work with FWP to provide information to the public and coordinate with the Bozeman Ranger District to place notices at the Bozeman Creek trailhead, the Moser Creek trailhead in Hyalite Canyon, and the New World Gulch trailhead in Bear Canyon. Attached is a draft notice. UNRESOLVED ISSUES:None identified. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:Nominal. There will be nominal costs related to posting notices and responding to inquiries from the public. Attachments: Ord 2166 Trapping City Lands 2024 FINAL.docx Sourdough_property Ex to Ord.pdf Gallatin Trapping Closure 2013.pdf Draft_notice_Sourdough final.docx Report compiled on: August 29, 2024 309 Ordinance 2166 Page 1 of 4 ORDINANCE 2166 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROHIBITING THE TRAPPING OR SNARING OF FURBEARING ANIMALS, PREDATORY ANIMALS, OR NONGAME SPECIES ON CITY OWNED LAND IN THE BOZEMAN CREEK WATERSHED. WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may exercise any power not prohibited by the constitution, law or charter and neither the Montana Constitution, state law, or the City Charter prohibits the City Commission from adopting this Ordinance; and WHEREAS, the City owns land in the Bozeman Creek (Sourdough) Watershed south of the main public trailhead which the primary purpose of said lands is to provide for a safe and reliable potable water supply for the City; and WHEREAS,the City allows the public to use its lands in the Bozeman Creek Watershed south of the main public trailhead for recreational purposes including hiking, hunting, fishing, Nordic skiing, and wildlife viewing; and WHEREAS, as the population of Gallatin County grows, the public’s use of the Bozeman Creek Watershed for recreation has increased over time and the Commission desires to protect public safety and reduce conflicts between recreational uses and the trapping or snaring of furbearing animals, predatory animals, or nongame species; and WHEREAS, the Commission determines the City owned lands in the Bozeman Creek Watershed while open to the public by consent of the City are private lands for purposes of 87-6- 601(2), MCA. 310 Ordinance 2166 Page 2 of 4 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Trapping and Snaring on City Lands in the Bozeman Creek Watershed Prohibited. Trapping or snaring of furbearing animals, predatory animals, and nongame species is prohibited on all City owned land in the Bozeman Creek Watershed south of the main trailhead located on Sourdough Canyon Road as shown on Attachment A to this Ordinance. The city manager may grant exceptions to this prohibition. The city manager must take reasonable efforts to inform the public and the Montana Department of Fish, Wildlife and Parks of this Ordinance Montana Fish, Wildlife, and Parks and law enforcement officers having jurisdiction to enforce 87-6-601, MCA, may consider this Ordinance as a denial of permission by the City to trap or snare on lands identified in this Ordinance except as may specifically be authorized by the city manager. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this Ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 3 Savings Provision. This Ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. 311 Ordinance 2166 Page 3 of 4 Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. Section 1 of this Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City. Section 6 Effective Date. This Ordinance shall be in full force and effect thirty (30) days after final adoption. 312 Ordinance 2166 Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the __ day of _______, 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 therefor held on the __ day of _________ 2024. ____________________________________ TERENCE CUNNINGHAM Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ________________________________ GREG SULLIVAN City Attorney 313 EXHIBIT A ORDINANCE 2166 314 315 316 317 318 319 320 DRAFT NOTICE Pursuant to City of Bozeman Ordinance 2166, trapping or snaring of furbearing animals, predatory animals, and nongame species is prohibited on all lands within the Bozeman Creek Watershed owned by the City of Bozeman. Trapping and snaring in violation of Ordinance 2166 may be enforced pursuant to Title 87, Montana Code Annotated. The map below shows the lands subject to this prohibition. For more information please contact Montana Fish Wildlife and Parks Region 3 at 406-577-7900 or the City of Bozeman’s Parks and Recreation Department at 406-582-2290. 321 Memorandum REPORT TO:City Commission FROM:Candace Mastel, TDM Coordinator Nick Ross, Transportation and Engineering Director SUBJECT:Pedestrian and Bicycle Gap Analysis Project Work Session MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Citizen Advisory Board/Commission RECOMMENDATION:Discussion, advice, and direction on gap definition for active transportation. 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:In late 2022, City Commissioners requested that staff pursue a gap analysis study to ascertain what areas within the City were experiencing gap or connectivity issues in relation to bicycle and pedestrian infrastructure. Closing those physical gaps was identified as an important area to focus infrastructure improvements to provide a more connected and safe system for active transportation and mobility in the community. The project was added to the Capital Improvements Plan for fiscal years 2024 through 2028 as line-item A&C026, “Bike/Ped Gap Analysis.” City staff regularly use mapping tools and adopted plans to identify the areas where connectivity is missing. However, these mapping tools and plans have become dated and the need for a more robust mapping effort and prioritization tool has become necessary. Better data and updated prioritization of needs will be used to compliment city capital improvement planning and development review processes. Staff have prepared a robust Public Engagement Plan for this project. The current gap definition process has included input from internal and external parties including community partners in the active transportation realm and the Transportation Advisory Board. In addition, an Engage Bozeman page and a public open house have been deployed to provide and gather information in the community. Provided on the Engage Bozeman page is a link to a map-based online survey that has garnered almost 100 responses from the public in the past few weeks. During the development of the scoping for the project, the consultant and 322 city staff formalized a work plan that committed to providing two distinct memos. The first memo, informally called the “Gap Definition Memo,” identifies five gaps in the active transportation system. These include the following types of gaps: spot; linear; area; experiential; and network. The consultant has completed the physical task of providing missing layers of geographic information system feature classes (mapping layers) that assist with the analysis of the gaps in the active transportation system. The second memo, still in development, focuses on establishing methodology to aid in the prioritization of projects based on objective criteria. Some of the preliminary criteria developed through the Transportation Advisory Board and the project team include safety and comfort, equity, public input, network connectivity, and ease of implementation. To complete this gap definition process, staff is including the City Commission in a workshop. The goal of staff will be to provide Commission with background for the project, update on current work being performed, and gather input concerning the gap definitions, targeted level of comfort and safety for bicyclists, and allocation of resources to accomplish that goal. Staff will present some policy-based questions to the City Commission related to the gap definitions themselves and how the city can effectively advance active transportation in the community. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Attachments: Bozeman Gap Definition Memo ADA 071724.pdf Report compiled on: August 19, 2024 323 1 City of Bozeman Bicycle and Pedestrian Gap Definitions 15 July, 2024 Prepared by Joe Gilpin, Mark Egge Prior to full analysis of the existing active transportation network, it is necessary for City staff and the consultant team to have a common understanding of the types of and the definition of each of the types of gaps to be identified. During the proposal phase, a list of potential gap types with a brief description of each was provided as examples of types of gaps that could be utilized within this project. From the project kickoff meeting it was acknowledged that it was desirable to the City of Bozeman that these gaps be useful, actionable, and leave the City with a manageable tool that can continue to be updated internally. Based on this objective, each of the potential gap types is further defined and expanded upon within this memo. It is the objective of this memo and the review meeting that will follow it to refine the gap types and to better define how each will be identified and utilized within the prioritization process. A gap is a section of missing active transportation facilities between existing built facilities, or extensions thereof to a logical destination. For the purposes of this project, we have defined several specific types of gaps: The gap types are: 1. Spot Gap – Key focal points, such as crossings or intersections that lack appropriate accommodations for comfortable pedestrian or bicycle travel. 2. Linear Gaps – Sections of missing segments of sidewalk, trail, bicycle lane, or shared use path that create gaps between existing built facilities. 3. Area Gaps – Full neighborhoods or areas of town that have few to no sidewalks (such as the New Hyalite View subdivision) or areas that lack any comfortable bicycle facilities (such as Downtown Bozeman). 4. Experiential Gap – Existing sections of street or trail which do not offer as comfortable or attractive an experience as upstream and downstream segments. This may result in some types of users to not travel due to a reduction in experience quality. 5. Network Gap – Opportunities to enhance existing active transportation networks or sections of disconnected, but previously planned transportation facilities, such as within future subdivisions or to be included with future roadway improvement projects. From a practical user perspective, these gaps would be identified as locations needing a crosswalk, sidewalk, natural surface path, paved path, bicycle lane or other on-street bicycle facility, or enhanced crossing to improve network connectivity and user experience. Each gap type is provided additional context (to be confirmed or altered by the City) via a one- page cut sheet that provides: 324 2 1. A proposed definition of the gap type . 2. City utility criteria where issues are noted that may influence if or how this gap type is utilized. 3. Generic scenario examples of instances of this gap type as well as one or two examples of a location within Bozeman that would qualify as this type of gap. 4. Selected attributes describing some of the features that may add context to the gap that will later be useful in the prioritization framework. 5. City implementation information where thoughts are provided about how this gap type could ultimately influence project implementation. Items #2 and #5 are intended to inspire discussion about how each gap type will be used and to foster discussions about how it can use existing data sources and not be unnecessarily complex to collect and maintain. 325 3 Spot Gap Description: Defined as key focal points in the active transportation network that lack active transportation accommodations that would create safe and comfortable movement; typically, an intersection or crossing point. City Utility: While virtually any uncontrolled intersection could qualify, this gap type should be limited to more prominent locations whereby prioritization and implementation would have a significant impact on the active transportation network. There will need to be a useful criterion developed to limit this type of gap to avoid saturation and help the city focus on high priority gaps. Includes: • Missing crosswalk on one or more legs of intersection • Natural surface trail terminates into the street without a continuation • Existing crosswalk on a busy street that really should have additional improvements e.g. geometric or beacon/signal enhancements. • Crossing at uncontrolled intersection necessary to facilitate a designated route such as a shared use path or bicycle boulevard. • New bridge/tunnel to overcome barrier such as major road/creek, etc. • Desired crossing within long road corridor far from existing crossings (indicated by desire line or Strava Metro data, e.g. Huffine between 23rd and College) Example: Oak Street just west of Ryunsun Way where a natural surface trail terminates into the street without a continuation. Geometric Representation: Point Suggested Attributes: Distinguish by spot gap type including features like trail/midblock, grade separation, uncontrolled vs existing signal. City Implementation: Spot gaps will require engineering study and design. Ultimate locations and level of treatment may ultimately differ from the gap location defined in this study. Additionally, addressing spot gaps may require internal policy changes such as mid- block crossing provision, or thresholds for RRFB, PHB and other pedestrian crossing countermeasures. 326 4 Linear Gap Description: Sections of missing active transportation facilities between existing built facilities, or extensions thereof to a logical destination. Applicable to sidewalks, natural surface trails, shared use paths and on-street bikeways. Linear gaps may be along one or both sides of a street or exist outside of a street right of way. This gap type includes any missing sidewalk within the city limits on an existing roadway on the same side of a given street. This project is inclusive of inclusive of all streets of all functional classifications within the Bozeman city limits. Each side of the street is assessed separately. City Utility: As the project progresses, it may be more beneficial to focus this gap definition to linear gaps that would need specific city-led implementation outside of a CIP, MDT or developer filled context. This gap type does not include sidewalks, or unbuilt streets that will ultimately be extended through new development. Includes: • Missing segments of sidewalks on local streets and within subdivisions • Missing segments of sidewalk along collector / arterial roadways • Missing trail between existing segments such as the Gallagator trail from Kagy Blvd to south through the Museum of the Rockies campus. • A shared use path that is interrupted along a street • Terminations or gaps in bicycle lanes, sometimes indicated by “Bike Lane Ends” sign • Absence of bike lane or shared use path along collector/arterial road • Potential connections between land uses such as parks, open spaces, schools, shopping areas, etc. Example 1: West Babcock Street west of S 11th Ave. Example of a street that would likely have sidewalks added as part of a roadway upgrade project – though it may also make sense to add sidewalks as a standalone project as it is a significant gap in the network in a built-up area of the city. Example 2: Bike lane on Kagy Boulevard from Greek Way to one block East of South 3rd Avenue. 327 5 Geometric Representation: Line Suggested Attributes: Mode of use, type of facility, Standalone Agency Project, Future Developer Improvement, Element of Broader Planned Agency Project. Distinguish by whether gap is on City, MDT or County right of way. For residential sidewalks with sidewalk only on one side it may require a city policy for desired sidewalks should be provided on both sides. FHWA recommends areas with 4 dwelling units per acre and greater to have sidewalks on both sides of the street. City Implementation: Many gaps identified in this criterion will likely be reflected in previous planning documents such as the 2023 Parks, Recreation and Active Transportation Plan, or the 2017 Bozeman Transportation Master Plan. Missing sidewalks could be batched in order of importance into groups of projects of a certain value based on length. This may make it easier to implement from the city perspective as standalone efforts. 328 6 Area Gap Description: An area gap is defined as a distinct neighborhood or otherwise definable part of the city that entirely lacks a particular type of active transportation facility. City Utility: This type of gap is likely to be the most useful in an illustrative context. It will convey the message to the public and city staff where there are parts of Bozeman that are underserved with a particular facility type. Examples: • An area of the city that lacks sidewalks at a neighborhood level • An area of the city that lacks bicycle facilities • A corridor of roadway lacking appropriate crossings for which the nearest crossing requires a lengthy detour Example: An example of a part of Bozeman that lacks sidewalks on its residential streets would be the “Tree” streets off of Highland Blvd. Geometric Representation: Polygon Suggested Attributes: What’s missing (e.g. sidewalks, bike lanes, improved crossings.) Any definable reason as to why identified infrastructure is missing. Examples may be an area annexed in from county, or an area that was developed when sidewalks were not required by the city. City Implementation: Depending on the gap and reason for it, the City may choose to acknowledge a gap with no further action or may scope and area or corridor study to add some or all missing facilities. 329 7 Experiential Gap Description: Primarily applicable to shared use paths and on-street bikeways. An experiential gap is defined as existing sections of street or trail which do not offer a consistent or as comfortable or attractive an experience as upstream and downstream segments. This may result in some types of users not travelling due to a reduction in experience quality. City Utility: This type of gap will be useful later during the prioritization criterion process and should be discussed further then. Careful consideration should be given to a common understanding of this gap type as experience may be subjective to the individual. Includes: • A section of bike line along busier or more uncomfortable roadway where the experience varies from adjacent sections of roadway. • Segments that have experience issues caused by lack of winter snow removal or other seasonal conditions or poor maintenance (e.g. crumbling asphalt, overgrown vegetation, etc.). • A wide separated sidewalk that transitions to a narrow curb-tight sidewalk. • Inappropriate facility types for functional classification. Examples: o Presence of narrow bike lane along arterial road (higher speed, higher volume) without a shared use path • Crosswalks across slip lanes (e.g. Harmon Stream Blvd.) • Crosswalks with high conflict potential due to high-volume right-on-red vehicle turning movements • Crossings subject to long signal phases Example: A shared use path terminating and reappearing along a street such as multiple sections along Oak Street west of North 19th Ave. Geometric Representation: Point, Line, Polygon Suggested Attributes: Reason for listing (text field). Potential linkage with Level of Traffic Stress (LTS) analysis. City Implementation: Experiential gap may provide added emphasis to prioritize implementation of a particular gap. 330 8 Network Gap Description: Gaps are identified paths and trails that would enhance the quality, extent, and especially the connectivity of the existing active transportation network – particularly if the facility does not meet the criteria of a linear gap. These gaps represent opportunities for improvement and future enhancement. City Utility: Note: this type of gap may include previously planned facilities in greenfield sites in the PRAT or Bozeman TMP that do not constitute a linear gap due to not connecting to an existing facility. Examples: • Previously planned trails on greenfield sites that do not feature connections to existing facilities • Enhancements to the trail system reflecting a visionary or idealized trail network Example 1: Creating a new natural surface trail along the stream corridor would enhance the connectivity of existing paths. Geometric Representation: Line Suggested Attributes: Type of future facilities to be provided, form of future implementation (developer or city/MDT), Requires right-of- way acquisition, requires bridge or other major infrastructure. City Implementation: Network gaps are important to acknowledge, though they may not need to be visualized fully with the linear gaps as they will be numerous, particularly in areas of the city that are or will be under development. 331 9 Frequently Asked Questions Several questions and answers are provided below to further clarify the gap definitions provided. Are all streets without a bicycle facility a gap? Any street lacking a bicycle facility that is identified in an existing bike facility recommendation (PRAT, 2017 TMP, etc.) should be a gap. Typically, this will exclude low volume, low speed residential streets. Is a major street lacking convenient alternative routes a gap (e.g. Main/Huffine, North 7th)? Yes. A project need not necessarily address the exact gap but could provide parallel alternative accommodation. Is a major street without a bicycle facility a gap if there are adjacent routes with high quality facilities? Yes. A gap need not have a direct solution but should still be identified. If there's a sidewalk on only one side of a narrow, low volume two lane road, is the side of the road without a sidewalk considered a sidewalk gap? Yes. FHWA suggests four dwelling units per acre as a threshold for both sides. Can there be a gap if one side of the road has a shared use path? E.g. is College Street between 11th and 19th Avnues, or the east side of Highland Boulevard? There's no sidewalks or bike lanes, but there's a great shared use path. Yes, there is a sidewalk gap on the side of the road without a sidewalk or shared use path. If sidewalks are missing from BOTH sides of the road (e.g. S 3rd Ave) is that one gap or two? Two. 332 Memorandum REPORT TO:City Commission FROM:Nicholas Ross, P.E. – Director, Transportation and Engineering SUBJECT:Local Street and Sidewalk Funding Work Session MEETING DATE:September 10, 2024 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Provide feedback on potential funding alternatives. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The intent of this work session is for staff to gather input and direction from City Commission on fiscal policy related to funding of local street reconstruction and sidewalk projects. These two efforts are connected by the funding sources currently allocated to these needs, Street Maintenance Assessments and direct contributions from adjacent property owners. This conversation will inform the city's upcoming FY26-30 Capital Improvement Plan and may lead to a future resolution defining updated fiscal policies for these activities. The city's Local Street Reconstruction program was created in order to address inadequate street infrastructure in Bozeman's oldest neighborhoods. These streets were originally constructed to standards below current practice and generally lack curb and gutter, drainage, adequate road base, and appropriate pavement structure. Street segments requiring reconstruction are identified through periodic Pavement Condition Assessments performed by city Engineering staff, most recently in 2020. These streets are defined as ones who have degraded to the point that alternative pavement management practices such as chip sealing and mill/overlays would be ineffective and waste city resources. Therefor, a full reconstruction up to city standards is warranted. Resolution 4507 (attached) established fiscal policy for the funding of local street reconstruction projects and was adopted in 2014. Resolution 4507 requires a portion of the cost of local street reconstruction projects to be allocated to adjacent property owners through a Special Improvement District (SID) and the remainder to be allocated to the City Street and Curb Reconstruction Fund per Table 1. The City Street and Curb Reconstruction Fund draws revenue from citywide Street Maintenance Assessments. 333 Table 1. Local Street Reconstruction Cost Share Average Daily Traffic (vehicles per day) Funding Split (SID/Reconstruction Fund) Less than 800 75%/25% 800-1500 50%/50% 1501- 4500 15%/85% More than 4500 100% The purpose of this policy was to allocate project costs in an equitable way by assessing the property owners that directly benefit from the associated improvements. For example, streets with low average daily traffic are primarily used by the local residents and therefore the SID would fund a larger percentage of that project. Streets with a high average daily traffic are generally used by a larger proportion of the City and therefore the Citywide reconstruction fund would pay a higher percentage of the cost of that project, per this policy. In 2020, this policy was amended through Resolution 5174. As noted in the commission resolution, the amendment was proposed in response to the large number of Special Improvement Districts that have been protested and not created, leading to the street reconstruction project being abandoned and the streets not improved. According to the Montana Code Annotated, if 50 percent of property owners within a Special Improvements District protest, the district cannot be created. The amendment contained in Resolution No. 5174 included a not-to-exceed Special Improvement District assessment of $138 per foot of lot frontage, with an annual inflation factor similar to the one used in our impact fee program. This was intended to limit the assessment amounts in an effort to increase the percentage of successful reconstruction projects. Table 2 provides a summary of local street reconstruction projects to date. Since the program was established, seven districts have been successfully created and nine districts have failed. City Staff meet with property owners early in the design phase of these projects to discuss the work and to take an informal vote on neighborhood’s interest in the project and the associated SID. If the informal vote is positive, the project moves forward, and if the informal vote is negative, the street reconstruction project is cancelled, and City Staff begin work on the next project on the list. Table 2. History of Local Street Reconstruction Projects Since Adoption of 334 Resolution 4507 & Resolution 5174 Project Location Calendar Year SID Passed Project Cost Costs/Property SID Funding E. Story Street 2015 Yes $ 610,000.00 $ 9,531.25 50% N. Wallace Avenue 2016 Yes $ 2,141,000.00 $ 3,751.21 15% N. Grand Avenue 2016 No $ 1,310,230.00 $ 15,849.56 75% W. Olive Street 2017 No $ 1,910,210.00 $ 4,035.65 15% E. Olive Street 2017 Yes $ 933,000.00 $ 3,673.51 15% S. Grand Avenue 2018 No $ 2,330,212.00 $ 18,592.12 75% S. Tracy Avenue 2018 Yes $ 1,600,000.00 $ 3,157.70 15% N. 17th Avenue 2019 No $ 1,012,000.00 $ 13,924.71 50% N. Tracy Avenue 2019 Yes $ 511,000.00 $ 9,441.17 50% W. Koch Street 2020 No $ 1,470,000.00 $ 16,857.00 75% S. 5th Avenue 2020 No $ 2,329,000.00 $ 19,408.33 75% W Harrison Street 2021 No $ 1,436,000.00 $ 11,730.00 36% S. 6th Avenue 2021 Yes $ 1,638,000.00 $ 8,280.00 45% Bogert Place 2023 Yes $ 499,000.00 $ 15,732.00 34% S Black Avenue 2024 No $ 1,100,000.00 $ 9,578.00 45% N Grand Avenue 2024 No $ 1,387,500.00 $ 8,750.00 40% Property owners within failed SID districts have communicated to the City several reasons for not supporting creation of the districts. The most common reasons include: Reluctance to take on an additional tax burden Belief that existing property taxes should cover the entire cost of the project 335 Unwillingness to be inconvenienced by construction of the project Belief that the assessment amount is too high Projects that fail to gain neighborhood support have historically been moved to the back of the list as “Unscheduled” in the City’s Capital Improvements Plan. With no other alternative to reconstruct local streets, these failed streets continue to degrade, resulting in additional maintenance demands on the Street Department, safety concerns for the travelling public, and a disproportional increase in maintenance expenses relative to other streets in the City. Although results have been mixed, the current policy has resulted in seven successful projects. City staff have designed and provided construction management services for the local street reconstruction projects resulting in savings relative to using consultant design services; however, as Table 2 indicates, our success rate is relatively low. In addition, it takes a significant amount of staff time and resources to perform preliminary engineering for these projects and to present them to property owners. This wasted effort leads to inefficient use of staff and an inability to serve some of the city's additional needs. For this reason, the program has been temporarily discontinued until funding solutions are found. While projects remain int he city's Capital Improvement Plan, no projects have been included in the city's FY25-26 Biennium Budget. FUNDING POLICY OPTIONS Staff were approached by the Interneighborhood Council (INC) in early 2024 with a request for options to revive the Local Street Reconstruction Program. Staff have met with INC twice, first to present background information on the program and a second time to present several funding alternatives. Alternative 1 Creation of a regional special improvements district for the funding of local street reconstruction projects. Based on the current list of projects, streets requiring reconstruction are concentrated in the historic area of Bozeman, east of 7th Avenue. Instead of creating an SID for each separate project, a regional SID could be created to fund five or more years of reconstruction projects or as decided by the commission. Each property directly fronting a reconstruction project would be included in the district and the district would help to fund local street reconstructions as identified in the Capital Improvements Plan. This would reduce the amount of staff time required for securing SID funding for specific projects and provide certainty to the City for scheduling and budgeting purposes. Alternative 2 Creation of a predetermined SID equal assessment method or a predetermined cost/foot of frontage. This would allow staff to meet with the neighborhood property owners and take an initial SID protest vote 336 without completing a topographic survey, cost estimate, preliminary design work, or traffic counts. As a rough estimate, a local street costs $750/foot to reconstruct. If a flat fee of $8,000/property (or alternative amount as suggested by the commission) were applied, this would be a favorable cost split for the property owners while still helping the City to offset the cost of the project. Subsequently, staff could poll the property owners, and if they show support for the project, staff could initiate the topographic survey and engineering design work. The percentage cost split would always be different but the assessment amount would remain the same. This would provide additional clarity to property owners because they would know their actual assessment with certainty well in advance of the project. Alternative 3 Another option would be to eliminate the local cost split and cover the full project cost from the Street Maintenance Fund. The Street Maintenance Fund is funded by a combination of City Street Maintenance Assessments and state fuel taxes. Other local streets receive regular maintenance using less costly street treatments such as chip seal or mill-and-overlay methods that are entirely covered by the Street Maintenance Fund. The difference between the Streets listed in Table 2 and other local street maintenance is that the streets in Table 2 have deteriorated to the point that less costly treatments are not viable due to the level of deterioration. Alternative 4 Delaying cost recovery until a property is transferred. Typically, the city begins assessing properties within a special improvements district once the street improvements are completed. The district’s share of the improvements are initially funded by the City through an inter-fund loan from the general fund. The City’s general fund is then paid back over the 20- year term of the loan as property owner make their payments over time. This alternative would delay the initial payments to the City and would require that the full amount of the special assessment is paid to the City when the property is transferred. The advantage of this alternative is that property owners would avoid paying bi-annual assessments to the City and instead use a portion of their home equity gained through property appreciation over time to cover the assessment once the property is sold. The City would not have as much certainty or consistency regarding financing because the timing of payment would be unknown. Staff requested INC provide policy-level input to Commission by narrowing these four alternatives down to two preferred options to be studied in detail. INC feedback coalesced around Alternative 3 full cost covered by Street Maintenance Assessments and Alternative 4 delayed payment. INC feedback generally preferred Alternative 3. Several comments pertained to the belief that public works such as these are the responsibility of taxpayers citywide and the SID is inherently unfair. INC further suggested Alternative 4, 337 if it were to advance, should be used only in cases of hardship defined by Commission, such as the terms used by the state of Montana's Low Income Home Energy Assistance Program (LIHEAP). City staff requires substantial additional legal investigation into potential legislative changes that would be required if Alternative 4 were to advance. The city of Missoula provides an example of what this program could entail through Chapter 3.16 of their municipal code. Staff then presented a similar work session to the city's Transportation Advisory Board with a focus on Alternatives 3 and 4. TAB's purview extended to this program's fiscal impact on competing transportation priorities across the city such as staffing for improved maintenance, shop expansion, and multimodal and safety project funding. TAB responses were substantially more mixed. Both Alternative 3 and 4 were preferred by some members, while others proposed modifying the current policy towards a "sweet spot" amount that an SID could cover while still avoiding protest. Preliminary fiscal analysis can be found in the fiscal effects section below. While staff are suggesting policy adjustment, staff are also requesting guidance from the Commission and wish to generate discussion and new ideas to provide a course correction to the current policy. If the policy continues without amendment, staff anticipate that a large percentage of local street SIDs will continue to be protested out for remaining listed projects. UNRESOLVED ISSUES:The primary unresolved issue is how to handle the increasing number of local streets that have fallen into disrepair with no alternative to fund the necessary reconstruction work. A method needs to be found to insure the overall health of the City’s Street Network. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:FY25-26 Biennium Budget currently does not allocate funding to Local Street Reconstruction projects. Alternative 3 requiring full project cost to be covered by Street Maintenance Assessments would add an estimated additional $9.6m cost to the city's 5-yr rate model. $3.15m of that cost would be the additional portion authorized under Alternative 3. Depending on fiscal policy, projects selected, and timing of said projects, the 5-yr rate impact of this alternative is projected to require an assessment increase of up to 30%. The current estimated annual cost of the city Street Maintenance Assessment is $292.84 per the approved FY25-26 Biennium Budget. Additional fiscal analysis is attached. 338 Attachments: Resolution 4507 Resolution 5174 Street Reconstruction - Alt 3 - Fiscal Effects.pdf Report compiled on: July 31, 2024 339 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Rick Hixson, City Engineer Craig Woolard, Director of Public Works SUBJECT: Adoption of Resolution 4507 - Establishing goals and policies for the funding of street reconstruction projects including establishing a fixed percentage for street reconstruction to be paid for by the creation of a special improvement district based on street functional classification. AGENDA ITEM TYPE: Action MEETING DATE: February 3, 2014 RECOMMENDED MOTION: I hereby move to adopt Resolution 4507 establishing goals and policies for the funding of street reconstruction projects. KEY ISSUES: In 2010, the Bozeman City Commission created the Street Reconstruction Fund for the purpose of reconstructing primarily local city streets which could no longer be maintained using standard street maintenance procedures of patching, chip sealing, and milling and overlaying. This fund was most recently used to finance the reconstruction of South 8th Avenue, a city collector street. The funding formula used for that project was 87.3% reconstruction fund and 12.7% local contribution through creation of a Special Improvement District (SID). Moving forward there are many streets which need to be reconstructed that do not have the same level of community use as South 8th Avenue. A policy specifying how these projects will be funded will facilitate street improvements. At the December 16th, 2013 City Commission meeting, staff asked for direction from the commission on the allocation of street and curb reconstruction and special improvement district funding for upcoming projects. The commission heard background on street funding sources, listened to staff recommendations and directed staff to return with a suggested policy which incorporated their comments. This memo:  Summarizes the commission’s input from the December 16, 2013 Commission meeting; and 162 340  Introduces and discusses proposed Commission Resolution No. 4507, which establishes a suggested policy for determining the funding allocations for street reconstruction projects. RECOMMENDATION: Adopt Resolution No. 4507. Adoption of the Resolution as written will establish the funding split between local and non-local funds to be allocated for street reconstruction projects. BACKGROUND: On December 16, 2013 the City Commission met with Public Works staff to discuss local street funding options. We provided background information on the potential sources of funding for street improvement projects and made three recommendations: 1) Allocate $50,000 per year of the curb reconstruction funding to repair and replacement projects. These funds would be used to conduct spot repairs/replacements on curbs on streets not in need of reconstruction. 2) Combine the remainder of the curb replacement funds with the street reconstruction fund to be used to reconstruct a complete street (curb to curb). These funds would be allocated based on the condition of the street as determined by the Pavement Condition Index (PCI). 3) Establish a fixed percentage of funding for local street reconstruction allocated to a special improvement district (SID) based on street use. Staff proposed that 75% of the costs of street reconstruction (including curbs) be paid by SID assessments and the remaining 25% be paid from dedicated street and curb reconstruction money. The Commission agreed with the first and second of the proposals above, but had a number of comments and questions regarding the third recommendation. One of the primary concerns with a fixed percentage allocation for local streets was the observation that some streets which are technically considered local in the City's transportation master plan actually carry far more than just local traffic. Examples include Arnold Street, Hunters Way and Olive Street just to name a few. The Commission suggested that there should be more categories than just local, collector and arterial when determining how to fund street reconstruction. We agree and suggest the City use traffic volume on a street (as measured by the average daily traffic (ADT) for purposes of determining the SID share of reconstruction costs as opposed to relying strictly on the functional classification of the street in the current transportation master plan. (As an aside, the commission has authorized the expenditure of funds to update the transportation master plan and we feel this will be a good time to consider refining the city's street functional classification). While not a perfect measure, using ADT to classify streets for funding serves as a fair and rational method for allocating costs. We suggest the following funding classifications: 163 341 Funding Classification Average Daily Traffic (vehicles per day (VPD)) Funding Split (SID/Reconstruction fund) Local Up to 800 75%/ 25% Minor Collector 800 - 1500 50% / 50% Major Collector 1501 - 4500 15% /85% Arterial Over 4500 100% Streets which are already classified as collectors or arterials in the current transportation master plan will retain those designations irrespective of their current ADT. For example, traffic counts for Durston Road west of Cottonwood (currently classified as an arterial) in the last transportation plan were 1,100 vehicles per day (VPD). Based on this volume, Durston would be minor collector but at its planned capacity Durston will function as an arterial street. The proposed traffic volumes used to establish the classifications are consistent with the City’s existing transportation policies and plans. Setting an upper limit of 800 vehicles per day (VPD) for a local street classification is consistent with the City's current traffic calming program. Traffic calming is frequently requested as a result of cut-through traffic. In other words, at greater than 800 VPD, local streets are carrying more traffic volume than would be expected for a typical local street. We are suggesting that 25% of the local street reconstruction cost be paid for with general street reconstruction funds. Although local streets carry almost exclusively local traffic, they do provide an overall benefit to the network at large. For example, if an adjacent street is closed for an accident or utility installation, the best alternative for a short period of time may be the local street in question. A well gridded transportation network benefits the community as a whole and that is why we are suggesting that 25% of the cost be borne by the community at large. We suggest creating a minor collector category to capture the streets in town like Ravalli Street or Annie Street that function as neighborhood collectors. We are suggesting a 50-50 split for these streets based on traffic counts. A range of 800 VPD for the local traffic on the low end and 1500 VPD on the high end suggests that roughly 50% of the traffic volume is local and 50% non- local. Major collectors are streets like South 8th Avenue or Olive Street. Again, the counts suggest that roughly 15% of the traffic is local and 85% is due to the community at large (800/4500 ≈ .15). A 15% SID and 85% street reconstruction fund split would be equitable and is consistent with the funding split used for South 8th Avenue. Arterial streets are of community-wide importance and hence should be 100% funded by the street reconstruction fund or one of the other community-wide funding sources like urban funds or gas tax funds. Failure of arterial streets will reduce the level of service of the entire network. 164 342 The city does not currently do routine periodic counts of the traffic volumes on local streets. The Montana Department of Transportation does periodic counts of those streets under their jurisdiction. In those cases where traffic counts are needed the City Engineering Division can conduct them. RESOLUTION 4507: These guiding principles were used to draft Commission Resolution 4507. Section 1 (Goals) formalizes the Commission's desire to adopt a transparent and equitable means of funding street reconstruction projects. Section 2 (Policies) establishes the specific funding categories and financing allocations to be used for street reconstruction projects. It incorporates the above table and states that the City's preferred method of generating the local share is through the creation of an SID or payback district. It is important to emphasize that Resolution 4507 does not prescribe the methodology used to determine an individual property owner’s assessment for the SID share of a street reconstruction project or predetermine the final assessment for a property. Under Montana law, the City may assess the “entire cost of the improvement against benefitted properties…” Sect. 7-12-4163(1), MCA. Resolution 4507 provides an equitable allocation of the entire cost of a project between benefitted properties which include all properties throughout the City (on behalf of all users of the system) and the residents who are directly benefitted by the improvement. As such, at the time of creation of a SID to fund the percentage called for in Resolution 4507, the City will determine which assessment methodology is to be used and, based on the costs of the project allocated to the SID, the assessment for each property subject to the SID. UNRESOLVED ISSUES: The primary unresolved issue is what to do if the residents of a proposed SID or payback district successfully protest its creation. Ultimately this could result in numerous local streets falling into such disrepair that a disproportionate amount of traffic would be forced onto the adjacent streets, hastening their deterioration and increasing maintenance costs. A method needs to be found to insure the overall health of the network, which, much like our own vascular system depends not only on the veins and arteries, but on the capillaries as well. FISCAL EFFECTS: If the Commission were to adopt Resolution 4507and individual lots were to be assessed for an SID based on for example, street frontage, then for a typical residential lot with 50 ft. of frontage on a typical local street, the estimated assessment for a street reconstruction would be calculated as follows: [($250/ft.(the estimated per foot construction cost for a local street)/ (2)(lots on each side of the street)] x (50ft)(a typical residential lot frontage on a local street) x (0.75)(the SID % recommended)= $4,688. A 5% SID administration cost would be added resulting in a total assessable cost of approximately $4,922. 165 343 These costs could be financed over 20 years. At the current estimated interest rate of 4.5%, a typical residence would be assessed approximately $375 per year; equivalent to $31.25/month. In addition, Street and Curb Reconstruction money would provide 25% of the costs of these projects; the portion not funded with SID’s. Other alternatives besides street frontage could be used to calculate assessments. ALTERNATIVES: As suggested by the City Commission. ATTACHMENTS: Resolution 4507 166 344 Page 1 of 3 COMMISSION RESOLUTION NO. 4507 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING GOALS AND POLICIES FOR THE FUNDING OF STREET RECONSTRUCTION PROJECTS INCLUDING ESTABLISHING A FIXED PERCENTAGE OF FUNDING FOR STREET RECONSTRUCTION TO BE PAID FOR BY THE CREATION OF A SPECIAL IMPROVEMENT DISTRICT BASED ON STREET CLASSIFICATION. WHEREAS, the City of Bozeman is committed to addressing the community’s expressed needs and desires for services; and WHEREAS, the City of Bozeman is committed to meeting those desires and demands for services in a fiscally responsible manner; and WHEREAS, the City of Bozeman is committed to meeting those desires and demands for services in a manner which recognizes the fiscal and legal interests of all of the system users now and in the future and not a limited subset of users; and WHEREAS, the City of Bozeman has developed and adopted a long range transportation facility plan which examined current and future needs and provides a lawful, logical, balanced, operationally sound, and cost effective basis upon which to maintain and develop the City’s transportation system; and WHEREAS, There is a need to allocate funding for the reconstruction of streets in the City; and WHEREAS, The City Commission wishes to allocate the costs of street reconstruction equitably among all of the users of the network; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana to wit: 167 345 Resolution 4507, Funding of Street Reconstruction Projects Page 2 of 3 SECTION 1 GOALS The following goals are hereby established for the consideration of the financing of street reconstruction projects in the City of Bozeman: 1. It shall be a goal of the City of Bozeman to invest street reconstruction funds efficiently and equitably by: A. Providing an equitable basis for street reconstruction funding by defining the city's transportation network functional classifications; B. Establishing Street funding categories and allotments for the purpose of determining both the local share and the community share of street reconstruction project costs. Insofar as possible, these categories will be congruent with the city's transportation network functional classifications; C. Average Daily Traffic volumes used for the street reconstruction program in no way reduces the expected and planned capacities described in the long range transportation plan. SECTION 2 POLICIES The following policies are hereby established for street reconstruction project financing in the City of Bozeman. 1. The following street funding categories and allocations are hereby established for the city's transportation network: Street Funding Classification Average Daily Traffic (vehicles per day) Funding Split (SID/Reconstruction fund) Local Up to 800 75% / 25% Minor Collector 800 - 1500 50% / 50% Major Collector 1500 - 4500 15% / 85% Arterial Over 4500 100% 168 346 Resolution 4507, Funding of Street Reconstruction Projects Page 3 of 3 2. The local share of a street reconstruction project shall be paid for using funds other than the City's Street Reconstruction Fund, the City's Urban Fund Allocation or any other general obligation fund. The City's preferred method of generating the local share funds is a Special Improvement District (SID) or, if applicable, a Payback District. 3. When recent traffic counts for a street eligible for reconstruction are unavailable, the City Engineering Division will perform counts to establish the Average Daily Traffic. 4. Street Reconstruction projects to be undertaken will be prioritized using a combination of the City's Street Pavement Condition Index (PCI) and traffic volumes. 5. Both the project to be undertaken and the financing allotments to be used will be reviewed and approved by the City Commission at the time of the adoption of the Street Capital Improvement Plan. 6. The City Commission has the discretion to establish the funding allotments to be used in street reconstruction projects in the best interest of the community. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 3rd day of February, 2014. __________________________________ JEFFREY K. KRAUSS Mayor ATTEST: ________________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 169 347 COMMISSION RESOLUTION NO. 5174 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING GOALS AND POLICIES FOR THE FUNDING OF STREET RECONSTRUCTION PROJECTS INCLUDING ESTABLISHING A FIXED PERCENTAGE OF FUNDING FOR STREET RECONSTRUCTION AND A MAXIMUM LINEAL FOOTAGE ASSESSMENT TO BE PAID FOR BY THE CREATION OF A SPECIAL IMPROVEMENT DISTRICT BASED ON STREET CLASSIFICATION. WHEREAS, the City of Bozeman is committed to addressing the community's expressed needs and desires for services; and WHEREAS, the City of Bozeman is committed to meeting those desires and demands for services in a fiscally responsible manner; and WHEREAS, the City of Bozeman is committed to meeting those desires and demands for services in a manner which recognizes the fiscal and legal interests of all of the system users now and in the future and not a limited subset of users; and WHEREAS, the City of Bozeman has developed and adopted a long range transportation facility plan which examined current and future needs and provides a lawful, logical, balanced, operationally sound, and cost effective basis upon which to maintain and develop the City' s transportation system; and WHEREAS, There is a need to allocate funding for the reconstruction of streets in the City; and WHEREAS, There is a need to establish a maximum per-lineal-foot charge for reconstruction cost that may be assessed to an individual property and paid for through the creation of Special Improvement Districts, and DocuSign Envelope ID: E165CD6B-86AD-4AA5-ADA3-CAEDDD6637F0 348 WHEREAS, The City Commission wishes to allocate the costs of street reconstruction equitably among all of the users of the network; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that Section 1 GOALS The following goals are hereby established for the consideration of the financing of street reconstruction projects in the City of Bozeman: It shall be a goal of the City of Bozeman to invest street reconstruction funds efficiently and equitably by: A. Providing an equitable basis for street reconstruction funding by defining the city's transportation network functional classifications; B. Establishing Street funding categories and allotments for the purpose of determining both the local share and the community share of street reconstruction project costs. Insofar as possible, these categories will be congruent with the city' s transportation network functional classifications; C. Average Daily Traffic volumes used for the street reconstruction program in no way reduces the expected and planned capacities described in the long range transportation plan. D. Establishing a maximum amount assessed (on a per-lineal-footage basis) to an individual property and paid for through the creation of Special Improvement Districts. If a street reconstruction project should be assessed based on an assessment methodology that is not lineal footage, a maximum shall be established by the Commission in the Intention to Create the Special Improvement District. SECTION 2 POLICIES The following policies are hereby established for street reconstruction project financing in the City of Bozeman. DocuSign Envelope ID: E165CD6B-86AD-4AA5-ADA3-CAEDDD6637F0 349 1. The following street funding categories and allocations are hereby established for the city's transportation network: Street Classification Average Daily Traffic (vehicles per day) Split (SID or Other Source/Street Reconstruction Fund) Local Up to 800 75% SID or Other Source/25% Street Reconstruction Minor Collector 800-1500 50% SID or Other Source/50% Street Reconstruction Major Collector 1500-4500 15% SID or Other Source/85% Street Reconstruction Arterial Over 4500 100% Street Reconstruction 2. The local share of a street reconstruction project shall be paid for using funds other than the City' s Street Reconstruction Fund, the City's Urban Fund Allocation or any other general obligation fund. The City' s preferred method of generating the local share funds is a Special Improvement District (SID) or other, if applicable, a Payback District. 3. When recent traffic counts for a street eligible for reconstruction. are unavailable, the City Engineering Division will perform counts to establish the Average Daily Traffic. 4, Street Reconstruction projects to be undertaken will be prioritized using combination of the City' s Street Pavement Condition Index (PCI) and traffic volumes, 5. Both the project to be undertaken and the financing allotments to be used will be reviewed and approved by the City Commission at the time of the adoption of the Street Capital Improvement Plan. 6. The City Commission has the discretion to establish the funding allotments to be used in street reconstruction projects in the best interest of the community. 7. There is a maximum amount of $138 per-lineal-foot assessed to an individual property and paid for through the creation of a Special Improvement District. This amount shall be increased by an annual inflation amount based on the value of the Construction Cost Index published in the first December edition of the current year. PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 18th day of May, 2020. DocuSign Envelope ID: E165CD6B-86AD-4AA5-ADA3-CAEDDD6637F0 350 __________________________________ CHRIS MEHL Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: E165CD6B-86AD-4AA5-ADA3-CAEDDD6637F0 351 352 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 May 9th, 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: _______________________________ DocuSign Envelope ID: 20973F27-B08A-47BA-8176-F3B19DA51DAC 6/5/2024 6/5/2024 June 20, 2024 245353 D E P A R T M E N T O F J U S T I C E 215 North Sanders PO Box 201401 Helena, MT 59620-1401 (406) 444-2026 Contactdoj@mt.gov mtdoj.gov June 27, 2024 Greetings City and County Officials I am pleased to announce that the continuing dedicated work by State Attorneys General and their staffs has resulted in an opioid settlement with Kroger, a national grocery and drug store business with subsidiaries in Montana. This settlement will provide more than 3.85 million dollars to the State and its local governments, with approximately 80% allocated to county and city governments for your local use. With this letter is a longer explanation of the settlement, a form for your government to approve participation in the settlement and a form to approve continuing the administrative structure for distribution of settlement funds created by the Memoranda of Understanding of November 26, 2021and the Amendment of January 27, 2022 which you approved for each of the prior 8 settlements. I urge you to review the materials and approve your continued participation in these settlements to allow the State and all local governments to obtain the maximum amount of settlement funds. In the 8 prior settlements we have had 100% participation and that has resulted in the State obtaining the maximum settlement value because of the incentive bonuses for full participation of all local governments. The deadline for approving your participation is August 12 so I hope you will all promptly read these materials and agree to your participation. Thank you for your consideration. If you have any questions, please contact me in the Office of Consumer Protection at brent.mead2@mt.gov or (406)-444-4500. Sincerely, Brent Mead Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 21354 New National Opioids Settlement: KrogerOpioids Implementation Administratoropioidsparticipation@rubris.com Bozeman city, MTReference Number: CL-794111 TO LOCAL POLITICAL SUBDIVISIONS: THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEWNATIONAL OPIOIDS SETTLEMENT. YOU MUST TAKE ACTION IN ORDER TOPARTICIPATE. Deadline: August 12, 2024 As Attorney General Knudsen has described in his cover letter, Montana has agreedto participate in a new proposed national opioids settlement (“New National OpioidsSettlement”) with Kroger (“Settling Defendant”) based on activities of Kroger ownedpharmacies. This Participation Package is a follow-up communication to the Noticeof National Opioids Settlement recently received electronically by your subdivision. You are receiving this Participation Package because MONTANA is participating inthe Kroger settlement. This electronic envelope contains: The Participation Form for the Kroger settlement, including a release of anyclaims. The form approving the use of the November 26, 2021 Memorandum ofUnderstanding and January 27, 2022 amendment for the allocation,administration, and disbursement of settlement funds from the Krogersettlement. The Participation Form must be executed, without alteration, andsubmitted on or before August 12, 2024, in order for your subdivision tobe considered for initial participation calculations and payment eligibility. Based upon subdivision participation forms received on or before August 12, 2024,the subdivision participation rate will be used to determine whether participation issufficient for the settlement to move forward and whether Montana earns itsmaximum potential payment under the settlement. If the settlement movesforward, your release will become effective. If a settlement does not move forward,that release will not become effective. Any subdivision that does not participate cannot directly share in the settlementfunds, even though Montana is settling, and other participating subdivisions willshare in settlement funds. Like the Distributors and Pharmacy settlements there are substantial incentives tostates to obtain maximum participation of all local subdivisions. In the previous Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 22355 settlements we were able to obtain 100% participation and the maximum amount offunds allocated and available to Montana. Any subdivision that does not participatemay reduce the amount of money for programs that would otherwise come toremediate the opioid crisis in Montana. WE STRONGLY URGE YOUR AGREEMENT TO PARTICPATE IN ORDER TO MAXIMIZETHE FUNDS THE STATE AND LOCAL GOVERNMENTS WILL RECEIVE. Montana will manage and distribute funds utilizing the existing abatement regionsand trust structure created by the Memorandum of Understanding of November 26,2021, and the Amendment of January 27, 2022, which all local subdivisionsapproved at the time. To facilitate this as part of your participation in thissettlement and receiving your allocation of the settlement funds you will need toapprove the continued use of the existing allocation and distribution structure setup and approved by all Montana local governments in the Memorandum ofUnderstanding of November 26, 2021, and the Amendment of January 27, 2022.There is a short separate form included for that. PLEASE SIGN AND SEND THAT INALSO. You are encouraged to discuss the terms and benefits of the New National OpioidsSettlement with your counsel or representatives from the Attorney General’s Office Information and documents regarding the New National Opioids Settlement andhow it is being implemented and how funds will be allocated can be found on thenational settlement website at https://nationalopioidsettlement.com/. This websitewill be supplemented as additional documents are created. How to return signed forms: There are three methods for returning the executed Participation Form and anysupporting documentation to the Implementation Administrator: (1)Electronic Signature via DocuSign: Executing the Participation Formelectronically through DocuSign will return the signed form to theImplementation Administrator and associate your form with yoursubdivision’s records. Electronic signature is the most efficient method forreturning the Participation Form, allowing for more timely participation andthe potential to meet higher settlement payment thresholds, and is thereforestrongly encouraged. (2)Manual Signature returned via DocuSign: DocuSign allows forms to bedownloaded, signed manually, then uploaded to DocuSign and returnedautomatically to the Implementation Administrator. Please be sure tocomplete all fields. As with electronic signature, returning a manually signedParticipation Form via DocuSign will associate your signed forms with yoursubdivision’s records. (3)Manual Signature returned via electronic mail: If your subdivision is unable toreturn an executed Participation Form using DocuSign, the signedParticipation Form may be returned via electronic mail to Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 23356 opioidsparticipation@rubris.com. Please include the name, state, andreference ID of your subdivision in the body of the email and use the subjectline Settlement Participation Form – [Subdivision Name, Subdivision State] –[Reference ID]. Detailed instructions on how to sign and return the Participation Form, includingchanging the authorized signer, can be found athttps://nationalopioidsettlement.com. You may also contactopioidsparticipation@rubris.com. The sign-on period for subdivisions ends on August 12, 2024.  If you have any questions about executing the Participation Form, please contact your counsel, the Implementation Administrator at opioidsparticipation@rubris.com,or Brent Mead at brent.mead2@mt.gov or 406-444-4500. Thank you,  New National Opioids Settlement Implementation Administrator The Implementation Administrator is retained to provide the settlement noticerequired by the New National Opioids Settlement and to manage the collection ofthe Participation Form. Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 24357 Subdivision Participation and Release Form Governmental Entity: Bozeman city State: MT Authorized Signatory: /officialname_kroger/ Address 1: /address1_kroger/ Address 2: /address2_kroger/ City, State, Zip: /cit_kr/ /state_kr/ /zi_kr/ Phone: /phone_kroger/ Email: /email_kroger/ The governmental entity identified above (“Governmental Entity”), in order to obtain andin consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated March 22, 2024 (“Kroger Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Kroger Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1.The Governmental Entity is aware of and has reviewed the Kroger Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Kroger Settlement and become a Participating Subdivision as provided therein. 2.The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in Inre National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entityauthorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/. 3.The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to Participating Subdivisions as defined therein. 4.By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5.The Governmental Entity agrees to use any monies it receives through the Kroger Settlement solely for the purposes provided therein. 6.The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the KrogerSettlement. The Governmental Entity likewise agrees to arbitrate before the National 1 Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 59771-1230Montana (406 582-2306 cwinn@bozeman.net Chuck Winn P.O. 1230 Bozeman 25358 Arbitration Panel as provided in, and for resolving disputes to the extent otherwiseprovided in, the Kroger Settlement. 7.The Governmental Entity has the right to enforce the Kroger Settlement as provided therein. 8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor forall purposes in the Kroger Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entityidentified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided forin the Kroger Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Kroger Settlement shall be a complete bar to any Released Claim. 9.The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Kroger Settlement. 10.In connection with the releases provided for in the Kroger Settlement, eachGovernmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims thatthe creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Kroger Settlement. 2 Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 26359 11.Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Kroger Settlement in any respect, the Kroger Settlement controls. I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity. Signature:/signer_1_kroger/ Name:/name_1_kroger/ Title:/title_1_kroger/ Date:/date_1_kroger/ 3 Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 City Manager 8/8/2024 Chuck Winn 27360 APPROVAL OF USE OF NOVEMBER 26, 2021 MEMORANDUM OF UNDERSTANDINGAND JANUARY 27, 2022 AMENDMENT TO THE MEMORANDUM FOR THEALLOCATION, ADMINISTRATION, AND DISBURSEMENT OF SETTLEMENT FUNDSFROM THE KROGER SETTLEMENT I, /name_1_kroger/ , on behalf of Bozeman city do hereby approve the use of the November 26, 2021 Memorandum of Understanding and the January 27, 2022 Amendment to the Memorandum of Understanding for the allocation, administration, and disbursement of settlement funds from the KROGER settlement. Signature: /signer_1_kroger/ Name: /name_1_kroger/ Title: /title_1_kroger/ Date: /date_1_kroger/ Docusign Envelope ID: A1F34B1E-3F21-4163-AD6B-ABA19E8BC9F6 Chuck Winn Chuck Winn 8/8/2024 City Manager 28361