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01-07-24 City Commission Agenda and Packet Materials
A. Call Special Meeting to Order - 5:00 PM - Commission Room, City Hall, 121 North Rouse B. Executive Session B.1 City Manager Annual Performance Evaluation(City Commission) C. Pledge of Allegiance and a Moment of Silence or Mindfulness D. Changes to the Agenda THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, January 7, 2025 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. At the direction of the City Commission, anonymous public comments are not distributed to the City Commission or staff. 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 Discuss the City Manager Annual Performance Evaluation The Mayor may close the meeting to the public pursuant to Sect. 2-3-203(3), MCA, during the time discussion relates to a matter of individual privacy if, and only if, the Mayor determines the demands of individual privacy clearly exceed the merits of public disclosure. The right of individual privacy may be waived by the individual about whom the discussion pertains and, in that event, the meeting must be open. 1 E. FYI F. Commission Disclosures G. Consent G.1 Accounts Payable Claims Review and Approval (Edwards) G.2 Authorize the City Manager to Sign a Notice of Award to Jackson Contractor Group, Inc. for Bozeman City Hall Renovation Project, and Contract Documents Once Received(Ziegler) G.3 Authorize the City Manager to Sign a Temporary Construction Easement and Memorandum of Agreement with Riverside Country Club, Inc. and with Walker Property Owners Association, Inc. to facilitate wastewater improvements for Annexed Properties of the Riverside Community(Gamradt) G.4 Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with NV5 for GIS and Asset Management On-Call Services, and Subsequent Task Orders Within Budget(Collins) G.5 Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with HDR for GIS and Asset Management On-Call Services, and Subsequent Task Orders Within Budget(Collins) G.6 Authorize the City Manager to sign the Professional Services Agreement and Statement of Work with Bluesource, Inc. for email archive migration services.(McMahan) G.7 Authorize City Manager to Sign a Professional Service Agreement with Rock Steady Movers for Bozeman City Hall Phase 1 Move Services.(Miller) G.8 Authorize City Manager to sign Amendment 2 to the Professional Services Agreements and Schedule A forms with Vector Solutions, Inc. to facilitate co-terming all of our current products.(McMahan) G.9 A Resolution for the Certification of Delinquent City Assessments to the County (Hodnett) G.10 Resolution Authorizing Change Order No. 2 with CK May Excavating, Inc. For the 2024 Street and Utility Improvements Project(Johnson) G.11 Resolution Authorizing Change Order No. 3 with Treasure State Inc. for the Cottonwood Road - Oak to Baxter Project.(Murray) H. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission 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 2 I. Action Items I.1 Allocate Remaining $140,000 from Community Support Fund in FY2025 Budget (Winn) I.2 Reallocation of Previously Budgeted Mobile Crisis Funds to Transitional Housing Program(Winn) J. FYI / Discussion K. Adjournment 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: I move to allocate $100,000 to Family Promise and $40,000 to Haven from the remaining funds in the Community Support line item in the Fiscal Year 2025 City of Bozeman approved budget. Consider the Motion: I move to reallocate $150,000 from FY24 and $150,000 from FY25 mobile crisis response support to the city's transitional housing programs. City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232. Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3 Memorandum REPORT TO:City Commission FROM:Mayor, Terry Cunningham Deputy Mayor, Joey Morrison Commissioner, Jennifer Madgic Commissioner, Douglas Fischer Commissioner, Emma Bode SUBJECT:City Manager Annual Performance Evaluation MEETING DATE:January 7, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:Discuss the City Manager Annual Performance Evaluation The Mayor may close the meeting to the public pursuant to Sect. 2-3-203(3), MCA, during the time discussion relates to a matter of individual privacy if, and only if, the Mayor determines the demands of individual privacy clearly exceed the merits of public disclosure. The right of individual privacy may be waived by the individual about whom the discussion pertains and, in that event, the meeting must be open. STRATEGIC PLAN:7.1 Values-Driven Culture: Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the community’s trust. BACKGROUND:Interim City Manager Winn's performance evaluation is contractually required to occur in December of each year. By mutual agreement of both parties, the evaluation was moved to January for scheduling. UNRESOLVED ISSUES:None ALTERNATIVES:As per the Commission. FISCAL EFFECTS:None Report compiled on: December 16, 2024 4 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:January 7, 2025 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 January 8th, 2025. 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 5 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Assistant City Manager David Arnado - Facilities Superintendent Max Ziegler - Facilities Assistant Superintendent Shane Miller - Facilities Project Coordinator SUBJECT:Authorize the City Manager to Sign a Notice of Award to Jackson Contractor Group, Inc. for Bozeman City Hall Renovation Project, and Contract Documents Once Received MEETING DATE:January 7, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Notice of Award to Jackson Contractor Group, Inc. for Bozeman City Hall Renovation Project, and Contract Documents Once Received STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Bozeman City Hall is the City of Bozeman's primary administration building and seat of the Bozeman City Commission. City Hall is home to several City departments, including the Administration department, Human Resources, City Attorney, Economic Development, and Finance departments. Originally constructed in 1981 to serve as the Bozeman Public Library, the building was converted to use as City Hall in 2008 following the completion of the current Bozeman Public Library. The facility is heavily used by staff citywide as well as members of the public who visit City Hall to attend City Commission meetings, or receive services from the Finance Department, Human Resources, and City Clerk's office. In the 16 years since the building entered service as City Hall the demand for staff office space has significantly increased, and the needs of public and City operations have evolved. This renovation intends to address current and near future needs of the City and the various patrons of City Hall by converting underutilized spaces into offices and reconfiguring public service points of contact. Additionally, this renovation will include updating interior finishes throughout the majority of the building. A&E Design was selected as the project architect, and has worked extensively with staff to create a design which maximizes departmental efficiencies and makes the best use of available square footage. 6 This renovation project will be split into two phases, with Phase 1 covering renovations to the first floor and Phase 2 renovating the second floor. Phase 1 work will include reconfiguring the Finance and Human Resources departmental offices and public points of contact. This work will reclaim underutilized storage areas as office space to house additional staff members, create a more open floorplan to improve interdepartmental collaboration, and improve staff security. Phase 1 will also add several new meeting spaces and replace aging interior finishes in public lobbies. Several exterior windows will be installed to provide natural lighting to new office spaces and support a healthy staff environment. Phase 2 will expand the City Administration offices to create a City Clerk office while improving security for the suite. Phase 2 will also reconfigure the Economic Development office to better meet the needs of staff and members of the public they serve. Offices throughout City Hall will receive new floor coverings and wall finishes. It is expected that this renovation project will create office space for an additional 13 staff members while adding four new meeting rooms for use of staff and the public. The City Hall Renovation was advertised publicly through a Call for Bids, which were opened at City Hall on November 21, 2024. After evaluating the bids received and subsequent interviews with low bidders, it was determined that Jackson Contractor Group is the lowest responsible bidder and was selected for award. It is projected that this project will begin construction work in early February, 2025 and conclude in August, 2025. City Hall will remain open to staff and the public throughout the project, and care will be taken to ensure a safe and welcoming environment during the construction period. UNRESOLVED ISSUES:None at this time. ALTERNATIVES:As suggested by City Commission. FISCAL EFFECTS:This contract for construction services will incur a fixed cost of $1,555,700.00 to be paid from the Bozeman City Hall Renovation GF370 Capital Project Fund. Attachments: Notice of Award - City Hall Renovation - Jackson Contractor Group.pdf Bid Tabulation - City Hall Interior Remodel.pdf Report compiled on: December 20, 2024 7 NOTICE OF AWARD Date of Issuance: January 7, 2025 Owner: City of Bozeman Owner’s Project No.: GF370 Architect: A&E Design Project: Bozeman City Hall Renovation Contract Name: Bozeman City Hall Renovation 2025 Bidder: Jackson Contractor Group, Inc. Bidder’s Address: 146 Laura Louise Lane, Bozeman, MT 59718 You are notified that Owner has accepted your Bid dated November 21, 2024 for the above Contract, and that you are the Successful Bidder and are awarded a Contract for: BOZEMAN CITY HALL RENOVATION 2025, INCLUDING ALL ALTERNATES The Contract Price of the awarded Contract is $1,555,700.00 to include the base bid and all alternate scopes of work. Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work, and Work performed on a cost- plus-fee basis, as applicable. One copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. ☐ Drawings will be delivered separately from the other Contract Documents. You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice of Award: 1. Deliver to Owner One (1) counterpart of the Agreement, signed by Bidder (as Contractor). 2. Deliver with the signed Agreement(s) the Contract security (such as required performance and payment bonds) and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions. 3. Other conditions precedent (if any): None. Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited. Within 10 days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement, together with any additional copies of the Contract Documents. Owner: City of Bozeman By (signature): Name (printed): Title: 8 Name:Contractor #:Affirmation Form:Bid Bond:Addendum 1 Addendum 2 Addendum 3 Base Bid Total:Alternate 2 Alternate 3 Alternate 4 Alternate 5 Alternate 6 Total Ingram-Clevenger PO Box 5387 Helena 59604 2009 no x x x x 1,240,000.00$ 95,000.00$ 61,000.00$ 62,000.00$ 33,000.00$ 40,000.00$ 1,531,000.00$ R&R Taylor 1775 Love Ln Belgrade 59714 no x x x x 1,898,800.00$ 57,739.00$ 58,409.00$ 72,727.00$ 38,176.00$ 50,165.00$ 2,176,016.00$ CS Structures PO Box 104 Gallatin Gateway 59730 no x x x x 1,304,444.00$ 55,444.00$ 54,444.00$ -$ 36,444.00$ 47,444.00$ 1,498,220.00$ Jackson Contractor Group PO Box 6581 Bozeman 59771 no x x x x 1,287,700.00$ 68,600.00$ 55,200.00$ 60,700.00$ 36,100.00$ 47,400.00$ 1,555,700.00$ Blanton Contracting 34 Remmy Way Belgrade 59714 no x x x x 1,404,368.00$ 70,650.00$ 75,830.00$ 87,285.00$ 32,475.00$ 40,595.00$ 1,711,203.00$ Mike Maas Jon Henderson City Clerk Assistant City Manager Bid - City Hall Interior Remodel These bids were opened and read before the undersigned at 3:00 pm on Thursday, November 21, 2024. Docusign Envelope ID: A06CD87A-6C43-4756-96FE-061F57CBE8D9 9190 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II SUBJECT:Authorize the City Manager to Sign a Temporary Construction Easement and Memorandum of Agreement with Riverside Country Club, Inc. and with Walker Property Owners Association, Inc. to facilitate wastewater improvements for Annexed Properties of the Riverside Community MEETING DATE:January 7, 2025 AGENDA ITEM TYPE:Agreement - Property RECOMMENDATION:Authorize the City Manager to Sign a Temporary Construction Easement and Memorandum of Agreement with Riverside Country Club, Inc. and with Walker Property Owners Association, Inc. to facilitate wastewater improvements for Annexed Properties of the Riverside Community STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The City is in the process of designing a wastewater connection between annexed properties of the Riverside Community and the City's water reclamation facility. In order to complete this work, a temporary construction easement with the Riverside Country Club and with Walker Property Owners Association is required. The attached documents will allow the City's contractor to access private property during construction which is necessary for completion of this work. UNRESOLVED ISSUES:None ALTERNATIVES:As Suggested by the Commission FISCAL EFFECTS:The total cost of these easements is $1,000. This amount will be paid for by annexed properties of the Riverside Community through the creation of Special Improvements District (SID) 789. The SID will financed by selling bonds pursuant to its authority under MCA chapter 7-12, part 42. The proposed repayment on the bonds is 20 years. Attachments: Riverside Country Club - TCE.pdf Riverside Country Club - MOA.pdf Walker - TCE.pdf Walker - MOA.pdf 10 Report compiled on: December 9, 2024 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director Zac Collins, Asset Systems Program Manager SUBJECT: Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with NV5 for GIS and Asset Management On-Call Services, and Subsequent Task Orders Within Budget MEETING DATE:January 7, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with NV5 for GIS and Asset Management On-Call Services, and Subsequent Task Orders Within Budget STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND: Since 2000, the City of Bozeman has largely maintained its GIS platform using internal resources. In 2008, the City began to implement Cityworks as an enterprise-wide asset management platform. As systems have expanded, contracting third-party professional services has become integral in maintaining complex integrations critical to the success of the overall program. To attract a diverse pool of contractors to support a variety of needs, the GIS & Asset Management Division published an RFQ for general contractors on September 6th 2024, with the intention of placing qualified respondents on a preferred contractor list and establishing agreements to provide general contractor services at pre-negotiated rates. This will help minimize procurement delays in responding to future projects as they arise. Services provided under this Professional Services Maser Task Order Agreement will be provided at the pre-negotiated rates. Services are to be provided on an 'as-needed' basis and individual project expenses are to be project specific with projects initiated via task order. Total contracted project costs are not to exceed approved budget. 30 UNRESOLVED ISSUES:None ALTERNATIVES: As suggested by City Commission FISCAL EFFECTS: Expenses for work performed under this agreement will be charged at rates stated in Attachment A. Total expenses and funding sources for future projects will vary by project. Attachments: Attachment A - Full cost structure for NV5.pdf Attachment B – Task Order Template.pdf Professional Services Master Task Order Agreement – NV5.docx Report compiled on: December 18, 2024 31 City of Bozeman, MT: GIS & Asset Management On-Call Services 1 September 25, 2024 Zac Collins Asset Systems Program Manager City of Bozeman, MT 20 E. Olive St Bozeman, Montana 59771-1230 Dear Zac, In response to the City of Bozeman GIS & Asset Management On-call Services follow up for proposal, NV5 offers the following: Please provide a full cost structure for the proposing firm to provide contracting services covered under the scope of the services, including labor rates for all staff. Labor Category Staff Senior Consultant Geospatial Developer $230.16 $276.19 Geospatial Project Manager $248.72 $307.49 Project Coordinator $128.37 $149.89 Solutions Architect $248.72 $307.49 Solutions Engineer $230.16 $276.19 Application Architect $276.19 $307.49 Enterprise Architect $278.49 Geospatial Analyst $154.70 $184.92 Management Consultant $289.63 Subject Matter Expert $312.00 $328.61 All rates listed above inclusive of salary/wages, taxes, benefits, and consumables. 32 City of Bozeman, MT: GIS & Asset Management On-Call Services 2 In your proposal please include a full scope of services you are able to provide followed by your proposed cost structure. NV5 can provide end-to-end geospatial services and solutions, including but not limited to, big data services, geomatics, business solutions, asset management, cloud services, infrastructure security, analytics and professional services. NV5 has the ability to perform the following scopes of work: Cityworks (Trimble) Support, GIS Database Management Support, GIS System Hardware Architecture Support, GIS Implementations, Visualization, ArcGIS Utility Network, Asset Inventory, Cloud Managed Services, Consultation & Strategic Workshops, Data Collection, Data Transofrmation, Enterprise GIS Architecture, Envrionemental Solutions, Facility Management, Infrastructure Security Jumpstarts, Knoweledge Transfer & Learning, Surveying, Situational Awareness, Staff Augmentation, and more related to GIS and Asset Management Solutions. Thank you again for the opportunity to continue to support the City. We look forward to continue this partnership. Sincerely, John Garrido Account Executive NV5 p: 909.645.9560 | e: john.garrido@nv5.com 33 City of Bozeman Term Contract: Task Order Number # PROJECT: Issued under the authority of City of Bozeman Term Contract Professional Services Agreement With: For: This Task Order is dated between: and The following representatives have been designated for the work performed under this Task Order City: Contractor: SCOPE OF WORK: COMPENSATION IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman 34 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with NV5. FY 2021 – FY 2028 Page 1 of 12 PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT THIS AGREEMENT is made and entered into this __7th___ of January, 2025, by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, [NV5 Geospatial, N6216 Resource Drive, Sheboygan Falls, WI 53085], 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 as follows: 1. Purpose: City agrees to enter into this agreement with Contractor to provide for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. as requested by the City through issuance of individual, consecutively numbered Task Orders on an as needed and requested basis. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will expire on January 7th, 2025 ,unless extended or terminated as specifically provided for within the agreement. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. The Contractor will perform the specific services and schedule as mutually agreed upon by City and Contractor and included in each individual Task Order executed under the authority of this Agreement. Task Orders shall be in a format similar to EXHIBIT B, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services the Agreement governs. 4. Payment:The terms of compensation to Contractor shall be agreed upon and included in each Task Order. The task order amount shall be based on the rates specified in EXHIBIT A. City agrees to pay Contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an 35 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with NV5. FY 2021 – FY 2028 Page 2 of 12 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 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.For each individual Task Order, Contractor will familiarize itself with the nature and extent of the assignment, 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 and will provide a mutually agreeable Scope of Services for each Task Order. c.Contractor represents to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill ordinarily used by member in the same profession practicing at the same time and in the same locality; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this standard of care. 6. Independent Contractor Status/Labor Relations: a.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. b.Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of 36 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with NV5. FY 2021 – FY 2028 Page 3 of 12 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. c.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. d.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. e.Contractor shall indemnify 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: a.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 and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the 37 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with NV5. FY 2021 – FY 2028 Page 4 of 12 Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents; b.For the 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. c.Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). d.Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. e.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. f.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. g.Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, 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 his 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. 38 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with NV5. FY 2021 – FY 2028 Page 5 of 12 h.These obligations shall survive termination of this Agreement and the services performed hereunder. i.In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. j.The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence and annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000 annual aggregate; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate k.The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non- renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 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: 39 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with NV5. FY 2021 – FY 2028 Page 6 of 12 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 or any individual Task Order under 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 or any Task Order under 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 or any Task Order under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement or any Task Order under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do 40 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with NV5. FY 2021 – FY 2028 Page 7 of 12 only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Zac Collins 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 41 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with NV5. FY 2021 – FY 2028 Page 8 of 12 Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Robert VanderMeer or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: a.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 42 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with NV5. FY 2021 – FY 2028 Page 9 of 12 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. b.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. c.Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: a. 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. b.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 his employees and agents in safe work practices. 43 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with NV5. FY 2021 – FY 2028 Page 10 of 12 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 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 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: That in the event it becomes necessary for either Party of this Agreement 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 to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. 44 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with NV5. FY 2021 – FY 2028 Page 11 of 12 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 therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 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. 45 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with NV5. FY 2021 – FY 2028 Page 12 of 12 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA By________________________________ Chuck Winn, City Manager APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney NV5 Geospatial CONTRACTOR By________________________________ Robert VanderMeer Vice President, State & Regional Vertical Lead 46 Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director Zac Collins, Asset Systems Program Manager SUBJECT: Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with HDR for GIS and Asset Management On-Call Services, and Subsequent Task Orders Within Budget MEETING DATE:January 7, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION: Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with HDR for GIS and Asset Management On-Call Services, and Subsequent Task Orders Within Budget STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND: Since 2000, the City of Bozeman has largely maintained its GIS platform using internal resources. In 2008, the City began to implement Cityworks as an enterprise-wide asset management platform. As systems have expanded, contracting third-party professional services has become integral in maintaining complex integrations critical to the success of the overall program. To attract a diverse pool of contractors to support a variety of needs, the GIS & Asset Management Division published an RFQ for general contractors on September 6th 2024, with the intention of placing qualified respondents on a preferred contractor list and establishing agreements to provide general contractor services at pre-negotiated rates. This will help minimize procurement delays in responding to future projects as they arise. Services provided under this Professional Services Maser Task Order Agreement will be provided at the pre-negotiated rates. Services are to be provided on an 'as-needed' basis and individual project expenses are to be project specific with projects initiated via task order. Total contracted project costs are not to exceed approved budget. 47 UNRESOLVED ISSUES:None ALTERNATIVES: As suggested by City Commission FISCAL EFFECTS: Expenses for work performed under this agreement will be charged at rates stated in Attachment A. Total expenses and funding sources for future projects will vary by project. Attachments: Attachment A - City of Bozeman, MT - RFQ GIS & Asset Management On Call Services -HDR.pdf Attachment B – Task Order Template.pdf Professional Services Master Task Order Agreement – HDR.docx Report compiled on: December 18, 2024 48 hdrinc.com 2150 Analysis Drive, Suite A Bozeman, MT 59718-3820 (406) 577-5015 October 03, 2024 Zac Collins Asset Systems Program Manager/City of Bozeman 20 East Olive Street – P.O. Box 1230 Bozeman, MT RE: GIS & Asset Management On-call Services – Attachment A Dear Zac, HDR is honored to have been selected to be added to the GIS & Asset Management On-call Services. This proposal includes our scope services we can provide and our cost structure for the on-call contract. Our scope of services include: 1. Cityworks Support 2. GIS Database Management Support 3. GIS System Hardware Architecture Support 4. Training HDR understands projects are expected to range in value from less than $2,500 up to $20,000 including but not limited all previously listed examples listed in the RFQ. Detailed scope of service and fees will be provided for each project requested under this on-call contract. The rates below are valid through December 31, 2024, and subject to change annually for the duration of the contract Cost Structure: Table 1. Schedule of Billing Rates Title / Position Hourly Rate Principal/Technical Advisor/QA/QC $296 Project Manager $228 Senior GIS Analyst $240 Staff Engineer $215 GIS Programmer $215 GIS Analyst $172 GIS Technician $131 Reimbursable expenses will be estimated for each project task order scoped under this on-call contract. 49 City of Bozeman | Proposal GIS & Asset Management On-call Services 2 HDR is fully committed and vested in the successful completion of this project. Thank you for the opportunity to offer our services. Should you require further clarification of this proposal, please do not hesitate to contact Project Manager, Kyle Burke, at 406-207-1977 or Kyle.Burke@hdrinc.com. Regards, HDR Engineering, Inc. Tim Erickson Kyle Burke Vice President Project Manager 50 City of Bozeman Term Contract: Task Order Number # PROJECT: Issued under the authority of City of Bozeman Term Contract Professional Services Agreement With: For: This Task Order is dated between: and The following representatives have been designated for the work performed under this Task Order City: Contractor: SCOPE OF WORK: COMPENSATION IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman 51 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with HDR FY 2021 – FY 2028 Page 1 of 12 PROFESSIONAL SERVICES MASTER TASK ORDER AGREEMENT THIS AGREEMENT is made and entered into this 10th of October, 2024, by and between the CITY OF BOZEMAN, MONTANA,a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, [HDR, 700 SW Higgins Avenue Suite 200 Missoula, MT 59803-148953085], 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 as follows: 1. Purpose: City agrees to enter into this agreement with Contractor to provide for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. as requested by the City through issuance of individual, consecutively numbered Task Orders on an as needed and requested basis. 2. Term/Effective Date: This Agreement is effective upon the date of its execution and will expire on October 22nd, 2024 ,unless extended or terminated as specifically provided for within the agreement. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. The Contractor will perform the specific services and schedule as mutually agreed upon by City and Contractor and included in each individual Task Order executed under the authority of this Agreement. Task Orders shall be in a format similar to EXHIBIT B, attached and made part of this Agreement. For conflicts between this Agreement and the Scope of Services the Agreement governs. 4. Payment:The terms of compensation to Contractor shall be agreed upon and included in each Task Order. The task order amount shall be based on the rates specified in EXHIBIT A. City agrees to pay Contractor the amount specified in the individual Task Orders. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an 52 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with HDR FY 2021 – FY 2028 Page 2 of 12 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 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.For each individual Task Order, Contractor will familiarize itself with the nature and extent of the assignment, 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 and will provide a mutually agreeable Scope of Services for each Task Order. c.Contractor represents to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill ordinarily used by member in the same profession practicing at the same time and in the same locality; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this standard of care. 6. Independent Contractor Status/Labor Relations: a.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. b.Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of 53 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with HDR FY 2021 – FY 2028 Page 3 of 12 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. c.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. d.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. e.Contractor shall indemnify 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: a.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 and expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the 54 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with HDR FY 2021 – FY 2028 Page 4 of 12 Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents; b.For the 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. c.Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). d.Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. e.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. f.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. g.Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, 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 his 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. 55 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with HDR FY 2021 – FY 2028 Page 5 of 12 h.These obligations shall survive termination of this Agreement and the services performed hereunder. i.In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. j.The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence and annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury; $1,000,000 annual aggregate; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate k.The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non- renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 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: 56 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with HDR FY 2021 – FY 2028 Page 6 of 12 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 or any individual Task Order under 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 or any Task Order under 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 or any Task Order under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement or any Task Order under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do 57 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with HDR FY 2021 – FY 2028 Page 7 of 12 only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d.The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a.In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b.In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11.Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Zac Collins 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 58 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with HDR FY 2021 – FY 2028 Page 8 of 12 Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Timothy Erickson or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: a.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 59 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with HDR FY 2021 – FY 2028 Page 9 of 12 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. b.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. c.Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: a. 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. b.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 his employees and agents in safe work practices. 60 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with HDR FY 2021 – FY 2028 Page 10 of 12 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 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 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: That in the event it becomes necessary for either Party of this Agreement 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 to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. 61 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with HDR FY 2021 – FY 2028 Page 11 of 12 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 therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 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. 62 Professional Services Master Task Order Agreement for Professional Services Agreement for Cityworks Support with HDR FY 2021 – FY 2028 Page 12 of 12 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF,the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA By________________________________ Chuck Winn, City Manager APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney HDR CONTRACTOR By________________________________ Timothy Erickson Area Manager 63 Memorandum REPORT TO:City Commission FROM:Scott McMahan Director of Information Technology SUBJECT:Authorize the City Manager to sign the Professional Services Agreement and Statement of Work with Bluesource, Inc. for email archive migration services. MEETING DATE:January 7, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the Professional Services Agreement and Statement of Work with Bluesource, Inc. for email archive migration services. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Attached is the Professional Services Agreement and Statement of Work to migrate our existing email archive away from SourceOne and into our Office365 Environment. SourceOne is going end of life and we have to move our archive to a supported platform so we can continue to fulfill ongoing E- discovery requests and reduce our exposure to risk. UNRESOLVED ISSUES:None ALTERNATIVES:Stay on SourceOne and use a non-supported application that will no longer receive any updates. FISCAL EFFECTS:This Engagement will cost $34,339.68 and is part of the FY25-26 budget. Attachments: Bluesource PSA.docx COBMT_ARCMIG_SOW24_20240507 (002)final.docx Report compiled on: December 17, 2024 64 Professional Services Agreement for [Bluesource SOW] 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, Bluesource, 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 30th day of June, 2025 unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. 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. 65 Professional Services Agreement for [Bluesource SOW] Page 2 of 11 b.Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform the services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6.Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. In the event that, during the term of this Agreement, any labor problems or disputes of any type arise or materialize which in turn cause any services to cease for any period of time, Contractor specifically agrees to take immediate steps, at its own expense and without expectation of reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief to the City so as to permit the services to continue at no additional cost to City. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. 66 Professional Services Agreement for [Bluesource SOW] Page 3 of 11 7.Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligationsshall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to 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] 67 Professional Services Agreement for [Bluesource SOW] Page 4 of 11 own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractorshall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; 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: 68 Professional Services Agreement for [Bluesource SOW] Page 5 of 11 a.If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b.In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c.Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d.In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9.Termination for City’s Convenience: a.Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b.Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c.In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. 69 Professional Services Agreement for [Bluesource SOW] Page 6 of 11 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 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 _____________________ 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 70 Professional Services Agreement for [Bluesource SOW] Page 7 of 11 to other designated Contractor personnel or agents. c.Notices:All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12.Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13.Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14.Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of 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. 71 Professional Services Agreement for [Bluesource SOW] Page 8 of 11 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. 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 72 Professional Services Agreement for [Bluesource SOW] Page 9 of 11 hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 20.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23.Survival: Contractor’s indemnification shall survive the termination or expiration of 73 Professional Services Agreement for [Bluesource SOW] Page 10 of 11 this Agreement for the maximum period allowed under applicable law. 24.Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31.Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32.Extensions:this Agreement may, upon mutual agreement, be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than __________________________. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 74 Professional Services Agreement for [Bluesource SOW] Page 11 of 11 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 BLUESOURCE, INC. 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 75 Statement of Work Prepared for City of Bozeman, MT on November 14, 2024 SourceOne to Office 365 Migration 76 Bluesource - City of Bozeman, MT - SourceOne to Office 365 Migration – November 14, 2024 Page 2 of 13 1.Executive Summary As a leading world-wide provider of Archiving, eDiscovery, and Information Governance solutions, Bluesource, Inc. (“Bluesource”) has been asked by City of Bozeman, MT (“Customer”) to provide professional services for the following: Migration of up to 7066GB of compressed, Single and Un-Single Instanced data from SourceOne to Office 365. 77 Bluesource - City of Bozeman, MT - SourceOne to Office 365 Migration – November 14, 2024 Page 3 of 13 2.Table of Contents 1.Executive Summary .............................................................................................................................2 3.Solution Overview................................................................................................................................4 Phase 1 :: SourceOne to Office 365 Migration Setup...............................................................................4 Phase 2 :: SourceOne to Office 365 Production Migration.......................................................................7 4.Terms and Conditions..........................................................................................................................9 5.Investment..........................................................................................................................................12 6.Attachment 1 – Statement of Work Acceptance................................................................................13 78 Bluesource - City of Bozeman, MT - SourceOne to Office 365 Migration – November 14, 2024 Page 4 of 13 3.Solution Overview Methodology Overview The following work plan has been developed based on Bluesource’s understanding of Customer’s requirements and our experience implementing SourceOne to Office 365 Migration. Bluesource requests the ability to appropriately adjust the scope and cost based on the result of any Analysis and Design phases. We feel this is necessary to ensure that both Customer and Bluesource have a mutual agreement on the true scope of the project. Project Work Plan The following section of the work plan and associated PS costs have been created by Bluesource on good faith based on similar projects with similar requirements. Phase 1 :: SourceOne to Office 365 Migration Setup Bluesource will conduct an assessment as a starting place for development of the migration plan. Bluesource will submit the first draft of the migration plan, which typically outlines system performance recommendations, migration server requirements, storage requirements, and system access requirements such as security IDs and remote connection. After the customer and Bluesource have mutually reviewed and approved the migration plan, the team will begin setup of the Setup testing. The Migration Setup testing is important to work through any potential migration and connection issues prior to beginning the full production migration effort. A primary objective is also to determine the true migration throughput to be able put in meaningful timelines for the production migration. After completing the Migration Setup, Bluesource and the customer will review the results. The customer will be required to approve the completion of the Setup prior to the beginning of the production migration. Deliverables A: Development of SourceOne to Office 365 Migration Plan B: Implementation and configuration of the migration environment C: Establishment of secure remote connection access. VPN connection is highly recommended to minimize scheduling requirements necessary with tools like Go2 Meeting, LiveMeeting, and/or WebEx. D: Migration benchmarking for establishment of production timeline E: Migration of up to 50 GBs of total compressed and Single and Un-Single Instanced data into Office 365. F: Demonstration of Chain of Custody reporting. Assumptions / Constraints No source system upgrade will be required. No eDiscovery, Compliance, or Legal Review Marks or Comments will be migrated. Customer will provide all server, workstation, and storage infrastructure support. 79 Bluesource - City of Bozeman, MT - SourceOne to Office 365 Migration – November 14, 2024 Page 5 of 13 Customer will provide any required Installation and/or configuration any version of SourceOne, Office 365, Exchange, Windows, and SQL Server. Customer is responsible for any installation and configuration of base OS, service packs, and software requirements for any Migration and/or SQL servers if required for migration. Customer is responsible for any required backups. Bluesource will not be responsible for making any changes to the any production system unless required for data migration as outlined in the mutually approved migration plan. Bluesource is not responsible for repairing any pre- existing corrupt data as part of this migration. Bluesource is not responsible for fixing any pre-existing corrupt messages and/or file attachments as part of this migration. Bluesource is not responsible for decrypting any encrypted messages and/or attachments as part of this migration. As part of the Migration Setup tracking process, Bluesource will also provide the customer an exception list of any messages and/or attachments that could not be migrated which can include corrupted PST files, corrupted messages and/or attachments, and/or encrypted messages and/or attachments. The customer will make available the necessary technical System Resources and Support Personal required by the Bluesource technical resource to complete the data migration. Customer agrees to not utilize the migration software for any purpose not listed in the Statement of Work. Customer agrees to not reverse engineer, make copies of, or clone any virtual machines containing, any software provided by Bluesource for delivering this migration. Customer may make reasonable backups of the virtual or physical machines containing Bluesource-provided software but must delete all backups within 30 days of the conclusion of the project. Unless otherwise indicated, any software used to perform data migrations entitles Customer to a one-time migration for the amount of data quoted and non-refundable Any unused migration software capacity may be used within one year of the start of the project. Additional Bluesource services may be required and can be purchased via a Change Request. 80 Bluesource - City of Bozeman, MT - SourceOne to Office 365 Migration – November 14, 2024 Page 6 of 13 For any Office 365 tenant-to-tenant migrations, unless specifically stated in the SOW, no administrative work will be performed by Bluesource in their source or target tenant. 81 Bluesource - City of Bozeman, MT - SourceOne to Office 365 Migration – November 14, 2024 Page 7 of 13 Phase 2 :: SourceOne to Office 365 Production Migration After the completion of the Migration Setup, Bluesource will transition support of the remaining production migration to members of the Bluesource Service Management Center (“SMC”). The Bluesource SMC will then remotely manage the execution of the production migration following the procedures outlined in the approved migration plan from the Setup. Deliverables A: Migration of up to 7066GB of compressed and Single and Un- Single Instanced SourceOne archive data into Office 365 archives. B: Chain of Custody reporting for all migrated data C: Weekly Migration Summary Report D: Removal of migration software Assumptions / Constraints No source system upgrade will be required. No eDiscovery, Compliance, or Legal Review marks or comments will be migrated. Customer will provide all server, workstation, and storage infrastructure support. Customer will provide any required Installation and/or configuration any version of SourceOne, Office 365, Exchange, Windows, and SQL Server. Customer is responsible for any installation and configuration of base OS, service packs, and software requirements for any Migration and/or SQL servers if required for migration. Customer is responsible for any required backups. Bluesource will not be responsible for making any changes to the any production system unless required for data migration as outlined in the mutually approved migration plan. Bluesource is not responsible for repairing any pre- existing corrupt data as part of this migration. Bluesource is not responsible for fixing any pre-existing corrupt messages and/or file attachments as part of this migration. Bluesource is not responsible for decrypting any encrypted messages and/or attachments as part of this migration. As part of the migration tracking process, Bluesource will also provide the customer an exception list of any messages and/or attachments that could not be migrated which can include corrupted PST files, corrupted messages and/or attachments, and/or encrypted messages and/or attachments. The customer will make available the necessary technical System Resources and Support Personal required by the 82 Bluesource - City of Bozeman, MT - SourceOne to Office 365 Migration – November 14, 2024 Page 8 of 13 Bluesource technical resource to complete the data migration. Customer agrees to not utilize the migration software for any purpose not listed in the Statement of Work. Customer agrees to not reverse engineer, make copies of, or clone any virtual machines containing, any software provided by Bluesource for delivering this migration. Customer may make reasonable backups of the virtual or physical machines containing Bluesource-provided software but must delete all backups within 30 days of the conclusion of the project. Bluesource expects Customer to review all reports generated by Bluesource and perform their own testing and validation of migrated data. Bluesource suggests that in addition to the chain of custody reports, Customer retain all raw Chain of Custody data. This includes but is not limited to: Migration databases, log files, CSV reports, and Excel reports. Unless otherwise indicated, any software used to perform data migrations entitles Customer to a one-time migration for the amount of data quoted and non-refundable Any unused migration software capacity may be used within one year of the start of the project. Additional Bluesource services may be required and can be purchased via a Change Request. 83 Bluesource - City of Bozeman, MT - SourceOne to Office 365 Migration – November 14, 2024 Page 9 of 13 4.Terms and Conditions Deliverable Acceptance It is the Customer’s responsibility to review, test, certify, and/or validate any project Deliverables. The Customer is then required to accept each project Deliverable in writing within ten (10) business days from receipt of the Deliverable completion provided that the Deliverable meets the mutually agreed upon acceptance criteria. Should any project Deliverable fail to conform to what has been outlined in the Statement of Work, the Customer is required to notify Bluesource of the insufficiency within seven (7) business days of the notification of the Deliverable completion. In the event the Customer fails to inform Bluesource that the project Deliverable fails to conform to the acceptance criteria within ten (10) business days of the notification of Deliverable completion; the Deliverable shall be considered accepted by the Customer without question. Customer’s acceptance of a Deliverable does not discharge Bluesource’s obligation to provide a fully functional completed Work that as a whole conforms to the Deliverable specifications outlined under each Task. Assumptions, Constraints, and Responsibilities Bluesource has made the following general assumptions in this Statement of Work to develop the level of effort and associated cost for this project. It is the Customer’s responsibility to validate these assumptions and responsibilities before signing this Statement of Work. Deviations from these assumptions may impact Bluesource’ ability to successfully complete the project and will be addressed via a change request, as appropriate. The period of performance hereunder will commence and end upon mutually agreed upon dates, provided that any Services hereunder shall be delivered in the twelve (12) months following the Effective Date. Unless otherwise agreed in writing by Bluesource, all Services under this SOW expire unless used and delivered in the twelve (12) months following the Effective Date. No credit or refund shall be due to Client for such expired Services. In the event that the project is delayed from completion before the mutually agreed upon end date due to factors outside the control of Bluesource reserves the right to invoice any remaining billable hours and/or milestone payments associated with the completion of the project. A new end date will be established for completion of the project and billing will continue with the originally agreed upon schedule. Any software components not specifically listed in this statement of work are considered out of scope. Customer must provide the Bluesource Consultant(s) access to Customer staff members familiar with the operational aspects of Active Directory, SAN/NAS Storage, Exchange, SharePoint, SQL Server, VMware, Hyper-V, Backup, Network, replication technology, and Storage as it relates to the Customer environment. The Customer is responsible for providing all hardware, software, and software licenses related to the project. The Customer is responsible for complying with all license agreements, terms, and conditions for any 3rd party software or services in connection with delivery of this Statement of Work. Bluesource is not accountable for system or application modifications made by third parties post Bluesource installation or configuration. The Bluesource resource responsible for the technical consulting may also be fulfilling the role of Bluesource Project Manager. Any required changes to any other internal or external application dependency are out of scope 84 Bluesource - City of Bozeman, MT - SourceOne to Office 365 Migration – November 14, 2024 Page 10 of 13 The Customer will be responsive to Bluesource’ requests for information or action and work with Bluesource to resolve any issues arising during the project. The Customer will provide the needed input, resources, and documentation to support the tasks contained herein. The Customer will assign a team leader to coordinate activities, reviews, and the collection of information in support of this project and to act as a point of contact. The Customer will identify team members to be part of the decision-making process as it relates to changes in process, applications, technology, etc. The Customer will assign adequate resources to the project to assimilate and participate in appropriate knowledge transfer during the development and implementation portions of the project. The Customer will provide assistance in the development of functional requirements and confirm those requirements meet the project’s overall business objective. The Customer will schedule and coordinate all meetings and interviews involving Customer employees. The Customer will ensure business and technical staff must be available for any team workshops and/or requirements gathering sessions. The Customer will provide adequate working facilities for Bluesource to perform any portion of this project that must be conducted at Customer’s facility. The Customer will ensure that the consultant(s) are granted access to the systems required to conduct the necessary work defined in this Statement of Work. Customer agrees to not record audio or video of Bluesource services without express, written permission from Bluesource Legal. Bluesource is not responsible for changes in access or code regarding third-party software or services. If the work described under this Statement of Work cannot continue as a result of such a change, the Customer is only responsible for paying for services rendered prior to the change being made. For fixed-cost projects, this would be the prorated rate for the service that was delivered. General, Administrative, and Cost Bluesource must be in receipt of this SOW, signed by an authorized Customer representative, prior to scheduling and execution of services. Standard Work Hours: A standard, consecutive nine-hour workday, including a one-hour meal break. Normal Work Hours do not include weekends, public holidays (observed in the country in which services are performed), or hours between 10 p.m. and 7 a.m. Monday through Thursday. All work completed between 7 AM - 10 PM Monday through Thursday or 7 AM – 5PM Friday will be billed at the standard hourly rate. Any work completed at the request of the Customer after 10 PM Monday through Thursday or after 7 PM Friday is eligible for billing at 1.5 times the standard hourly rate unless stated otherwise in the Investment Section. Any work performed on weekends or holidays will be billed at 1.5 times the standard hourly rate. Bluesource classifies weekend hours to be from Friday 5 PM thru Monday 7 am. Overtime rates do not apply for archive migration services. 85 Bluesource - City of Bozeman, MT - SourceOne to Office 365 Migration – November 14, 2024 Page 11 of 13 Regarding requested enhancements or new feature development, Functional, Design, Technical, and or System Technical Specifications must be approved in writing using the appropriate Bluesource Acceptance form before development can occur. As applicable, designated deliverables must be approved in writing using the Bluesource Deliverable Acceptance form. Upon satisfactory completion of the services set forth in this SOW, Customer must provide project sign-off using the Bluesource Project Completion Acceptance form. Bluesource is not responsible for delays caused by Customer, Customer’s contractors, or any third- party vendors or third-party service providers outside of Bluesource’ control. Any such delays may result in an overall project delay or in the re-assignment of the Bluesource project resource(s) to other projects within Bluesource and subsequent assignment of an alternate resource to resume the tasks defined in this SOW. Any project documentation created by Bluesource will be prepared in Bluesource standard format in Microsoft Word, Excel, PowerPoint, Project, Visio, and/or PDF. Any request by Customer to modify this Statement of Work will require preparation of a change request detailing the work to be performed, as well as the associated costs. Additional work will be performed only after both parties have duly executed the change request. All North American on-site work will be conducted at a Customer Data Center located within the continental United States. As required, appropriate Customer personnel will be made available either at these locations or via alternate means (e.g., conference call). All unused used time and material hours associated with this SOW are valid for use for up to twelve months from the Customer acceptance of this SOW as documented by a signature on the Statement of Work Acceptance Page. After twelve months, any unused hours will no longer be eligible for use. The Customer will need to either submit a change control order or approve a new SOW. Bluesource is not responsible for any bugs or defects in any third-party software installed, upgraded, or serviced by Bluesource. Bluesource does not provide legal or financial advice. The technical work carried out by our employees is delivered in good faith and any opinions given by our employees may not reflect the opinion of Bluesource. This Statement of Work, and all terms, conditions, assumptions, deliverables, and constraints contained herein, shall supersede all communications, verbal or written, with Customer prior to the date on this Statement of Work For all references of data volumes, Base 2 conversions are used unless specifically stated otherwise. For example, 1 TB = 1024 GB, 1 GB = 1024 MB, etc. This Statement of Work will take precedence in any conflict or inconsistency with any other signed agreements. 86 Bluesource - City of Bozeman, MT - SourceOne to Office 365 Migration – November 14, 2024 Page 12 of 13 5.Investment The level of effort outlined in this statement of work has been defined to leverage Bluesource’s experience, while optimizing the use of resources, thereby maximizing cost efficiencies on behalf of Customer. The scope, levels of efforts, and prices presented in this statement of work are valid for up to 30 days from November 14, 2024. Professional Services Bluesource’s level of effort and associated pricing is a good faith estimate taking into consideration all known factors. Bluesource will not exceed the costs set forth in the chart below without an agreed upon change order executed by both Parties. Description Qty Unit Type Unit Cost Net Cost Phase 1 :: Migration Setup 1 Fixed Cost $7,000.00 $7,000.00 Migration Software 1 Fixed Cost $14,753.81 $14,753.81 Phase 2 :: Production Migration 1 Fixed Cost $9,835.87 $9,835.87 Phase 3 :: AD HOC Consulting Hours 10 T&M $275.00 $2,750.00 Estimated Professional Services Cost $34,339.68 Travel Expenses All work performed under this Statement of Work will be done remotely. No travel is included. Invoicing Terms Bluesource will generate project invoices according to the following schedule: Professional Services will be invoiced monthly Migration Services will be invoiced monthly. Software will be invoiced at the completion of the migration pilot. Labor will be invoiced monthly based on the prorated amount of data migrated since the last invoice. The last invoice will be for the remaining amount of the fixed cost migration. 87 Bluesource - City of Bozeman, MT - SourceOne to Office 365 Migration – November 14, 2024 6.Attachment 1 – Statement of Work Acceptance This Statement of Work Acceptance is between Bluesource, Inc. (“Bluesource”) and City of Bozeman, MT (“Customer”) for the services defined in the Statement of Work contained within COBMT_ARCMIG_SOW24_20240422.docx dated November 14, 2024. The undersigned certifies that he or she is an authorized representative of City of Bozeman, MT and has full authority to sign this Statement of Work Acceptance and enter into an Agreement on behalf of City of Bozeman, MT. By signing below, both parties acknowledge their acceptance and approval of the Statement of Work and the Terms and Conditions contained herein. Bluesource is able to commence with the project detailed in the Statement of Work on a mutually agreeable start date upon receipt of a signed copy of this Statement of Work. Receipt of a signed Statement of Work Acceptance by Bluesource via facsimile is considered a valid and legally binding form of receipt. The following represents the Customer’s irrevocable commitment to pay for the fees associated with the proposed services and expenses specified herein. Approved and Accepted By: Bluesource, Inc.City of Bozeman, MT Signature:________________________Signature:________________________ Printed Name: ________________________Printed Name:________________________ Title:________________________Title:________________________ Date:_________________________Date:________________________ Please return a signed Statement of Work to the following: emilio.ruiz@bluesource.net bluesource, Inc. Fax: 817.394.0514 88 Memorandum REPORT TO:City Commission FROM:Jon Henderson - Assistant City Manager David Arnado - Facilities Superintendent Shane Miller - Facilities Project Coordinator Max Ziegler - Facilities Asst Superintendent SUBJECT:Authorize City Manager to Sign a Professional Service Agreement with Rock Steady Movers for Bozeman City Hall Phase 1 Move Services. MEETING DATE:January 7, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to Sign a Professional Service Agreement with Rock Steady Movers for Bozeman City Hall Phase 1 Move Services. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The City of Bozeman is renovating City Hall to achieve the following goals: Improved safety and security through redesign of the Finance Department front counter. Additional office space for several Departments (x13 new workspaces). Increased energy efficiency through retro commissioning efforts. More efficient use of space for records storage. This will be achieved over multiple phases in 2025. As part of the City Hall Renovation project it will require the following departments to moving into new areas; Economic Development, Human Resources, Legal, and Finance. For this type of complex move, it will require the City to procure professional moving service to ensure a smooth transition for all City Departments. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Funds are allocated in the approved Bozeman City Hall Renovation Construction Budget. Contract = NTE (Not to Exceed) $8,525 for phase 1. Attachments: Professional Service Agreement – Rock Steady Movers – City Hall Renovation.pdf 89 Report compiled on: December 20, 2024 90 Professional Services Agreement for Facilities Contractors – Rock Steady Movers Page 1 of 10 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this ________________________ (“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, Rock Steady Movers; PO Box 1097; Belgrade, MT 59714 hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on 12/20/2025 , unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor NTE (Not to Exceed) $8,525. 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 91 Professional Services Agreement for Facilities Contractors – Rock Steady Movers Page 2 of 10 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 92 Professional Services Agreement for Facilities Contractors – Rock Steady Movers Page 3 of 10 connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes.. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents. For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise exist as to such indemnitee(s). Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should the City be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof. In the event of an action filed against the City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City, including the right of 93 Professional Services Agreement for Facilities Contractors – Rock Steady Movers Page 4 of 10 contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; and Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General, Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 94 Professional Services Agreement for Facilities Contractors – Rock Steady Movers Page 5 of 10 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement, the City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 9, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the 95 Professional Services Agreement for Facilities Contractors – Rock Steady Movers Page 6 of 10 Notice of Termination for City’s Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Shane Miller, Facilities Project Coordinator, 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 Daniel Peters, Owner, 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 96 Professional Services Agreement for Facilities Contractors – Rock Steady Movers Page 7 of 10 to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. c. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered, if delivered by courier to Party’s address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The 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). 97 Professional Services Agreement for Facilities Contractors – Rock Steady Movers Page 8 of 10 Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term 98 Professional Services Agreement for Facilities Contractors – Rock Steady Movers Page 9 of 10 or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 99 Professional Services Agreement for Facilities Contractors – Rock Steady Movers Page 10 of 10 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 30. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 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 five years. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ Rock Steady Movers (Richard Dumas) By________________________________ By__________________________________ Chuck Winn, City Manager Print Name: ___________________________ Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 100 Formal Bid December 10, 2024 Itemized Description Formal Bid Bozeman City Hall Renovation Project 4 crew and truck @ $435/hr Phase 1A January 3rd Legal to Safety - 3 hrs $1305 1st Floor File Storage and Legal to Summit Warehouse - to include box move and anchored shelves break down - 5 hrs $2175 Legal and 1st Floor File Storage to Dump - 3 hrs Dump fee $100 $1405 Phase 1B January 24th Finance to Legal (Personal, Front Counter, and Money Room) - 8 hrs $3480 Finance to Summit Warehouse - 3 hrs $1305 Finance to Dump - 4 hrs Dump fee $100 $1840 Misc. - 10 Banker boxes - 10 Legal boxes - 10 Small boxes Misc. Total $28 Top Total $8025 Not to exceed $8525 101 1 Shane Miller From:Richard Dumas <rocksteadymovers@gmail.com> Sent:Friday, December 13, 2024 9:48 AM To:Shane Miller Subject:Re: [EXTERNAL]Fwd: Bozeman City Hall Reno CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Well keep it the same as it would not be more than the transportation to the warehouse and unloading. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Rock Steady Movers PO Box 1097 Belgrade, MT 59714 (406) 599-9402 www.rocksteadymovers.com Click Here to Leave Us a Review on Google On Fri, Dec 13, 2024 at 9:44 AM Shane Miller <SMiller@bozeman.net> wrote: Richard, Regarding the beige shelving (anchored to the wall) in the 1st floor storage area, we need to dispose of that opposed to store it. Can you review your proposal and adjust if need be? Best, 102 2 SHANE MILLER | FACILITIES PROJECT COORDINATOR City of Bozeman | 20 E. Olive Street, Office 014B | Bozeman, MT 59715 P: 406-577-7425 | C: 406-595-0637 | E: smiller@bozeman.net From: Shane Miller Sent: Wednesday, December 11, 2024 9:11 AM To: Richard Dumas <rocksteadymovers@gmail.com> Subject: RE: [EXTERNAL]Fwd: Bozeman City Hall Reno Got it. Thanks Richard, we’ll be in touch. SHANE MILLER | FACILITIES PROJECT COORDINATOR City of Bozeman | 20 E. Olive Street, Office 014B | Bozeman, MT 59715 P: 406-577-7425 | C: 406-595-0637 | E: smiller@bozeman.net From: Richard Dumas <rocksteadymovers@gmail.com> Sent: Wednesday, December 11, 2024 9:10 AM To: Shane Miller <SMiller@BOZEMAN.NET> Subject: Re: [EXTERNAL]Fwd: Bozeman City Hall Reno CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Rate sheet is pretty simple. 1 man per hour- 100$ 1 truck per hour- 35$ Example 2 men and 1 truck is 235$hr We do have a 3 hour minimum on men and a truck and a 2 hour minimum n just labor and no truck. 103 3 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Rock Steady Movers PO Box 1097 Belgrade, MT 59714 (406) 599-9402 www.rocksteadymovers.com Click Here to Leave Us a Review on Google On Wed, Dec 11, 2024 at 9:08 AM Shane Miller <SMiller@bozeman.net> wrote: Got it. Thanks Richard. Don’t forget to send me over a rates sheet as well. SHANE MILLER | FACILITIES PROJECT COORDINATOR City of Bozeman | 20 E. Olive Street, Office 014B | Bozeman, MT 59715 P: 406-577-7425 | C: 406-595-0637 | E: smiller@bozeman.net From: Richard Dumas <rocksteadymovers@gmail.com> Sent: Wednesday, December 11, 2024 9:07 AM To: Shane Miller <SMiller@BOZEMAN.NET> Subject: [EXTERNAL]Fwd: Bozeman City Hall Reno 104 4 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. The linked image cannot be displayed. The file may have been mov ed, renamed, or deleted. Verify that the link points to the correct file and location. Rock Steady Movers PO Box 1097 Belgrade, MT 59714 (406) 599-9402 www.rocksteadymovers.com Click Here to Leave Us a Review on Google ---------- Forwarded message --------- From: Richard Dumas <rocksteadymovers@gmail.com> Date: Tue, Dec 10, 2024 at 2:50 PM Subject: Bozeman City Hall Reno To: Richard Dumas <rocksteadymovers@gmail.com> -- The linked image cannot be displayed. The file may have been mov ed, renamed, or deleted. Verify that the link points to the correct file and location. Rock Steady Movers PO Box 1097 105 5 Belgrade, MT 59714 (406) 599-9402 www.rocksteadymovers.com Click Here to Leave Us a Review on Google City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 106 1 Shane Miller From:Richard Dumas <rocksteadymovers@gmail.com> Sent:Friday, December 13, 2024 9:48 AM To:Shane Miller Subject:Re: [EXTERNAL]Fwd: Bozeman City Hall Reno CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Well keep it the same as it would not be more than the transportation to the warehouse and unloading. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Rock Steady Movers PO Box 1097 Belgrade, MT 59714 (406) 599-9402 www.rocksteadymovers.com Click Here to Leave Us a Review on Google On Fri, Dec 13, 2024 at 9:44 AM Shane Miller <SMiller@bozeman.net> wrote: Richard, Regarding the beige shelving (anchored to the wall) in the 1st floor storage area, we need to dispose of that opposed to store it. Can you review your proposal and adjust if need be? Best, 107 2 SHANE MILLER | FACILITIES PROJECT COORDINATOR City of Bozeman | 20 E. Olive Street, Office 014B | Bozeman, MT 59715 P: 406-577-7425 | C: 406-595-0637 | E: smiller@bozeman.net From: Shane Miller Sent: Wednesday, December 11, 2024 9:11 AM To: Richard Dumas <rocksteadymovers@gmail.com> Subject: RE: [EXTERNAL]Fwd: Bozeman City Hall Reno Got it. Thanks Richard, we’ll be in touch. SHANE MILLER | FACILITIES PROJECT COORDINATOR City of Bozeman | 20 E. Olive Street, Office 014B | Bozeman, MT 59715 P: 406-577-7425 | C: 406-595-0637 | E: smiller@bozeman.net From: Richard Dumas <rocksteadymovers@gmail.com> Sent: Wednesday, December 11, 2024 9:10 AM To: Shane Miller <SMiller@BOZEMAN.NET> Subject: Re: [EXTERNAL]Fwd: Bozeman City Hall Reno CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Rate sheet is pretty simple. 1 man per hour- 100$ 1 truck per hour- 35$ Example 2 men and 1 truck is 235$hr We do have a 3 hour minimum on men and a truck and a 2 hour minimum n just labor and no truck. 108 3 To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Rock Steady Movers PO Box 1097 Belgrade, MT 59714 (406) 599-9402 www.rocksteadymovers.com Click Here to Leave Us a Review on Google On Wed, Dec 11, 2024 at 9:08 AM Shane Miller <SMiller@bozeman.net> wrote: Got it. Thanks Richard. Don’t forget to send me over a rates sheet as well. SHANE MILLER | FACILITIES PROJECT COORDINATOR City of Bozeman | 20 E. Olive Street, Office 014B | Bozeman, MT 59715 P: 406-577-7425 | C: 406-595-0637 | E: smiller@bozeman.net From: Richard Dumas <rocksteadymovers@gmail.com> Sent: Wednesday, December 11, 2024 9:07 AM To: Shane Miller <SMiller@BOZEMAN.NET> Subject: [EXTERNAL]Fwd: Bozeman City Hall Reno 109 4 CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. The linked image cannot be displayed. The file may have been mov ed, renamed, or deleted. Verify that the link points to the correct file and location. Rock Steady Movers PO Box 1097 Belgrade, MT 59714 (406) 599-9402 www.rocksteadymovers.com Click Here to Leave Us a Review on Google ---------- Forwarded message --------- From: Richard Dumas <rocksteadymovers@gmail.com> Date: Tue, Dec 10, 2024 at 2:50 PM Subject: Bozeman City Hall Reno To: Richard Dumas <rocksteadymovers@gmail.com> -- The linked image cannot be displayed. The file may have been mov ed, renamed, or deleted. Verify that the link points to the correct file and location. Rock Steady Movers PO Box 1097 110 5 Belgrade, MT 59714 (406) 599-9402 www.rocksteadymovers.com Click Here to Leave Us a Review on Google City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. City of Bozeman emails are subject to the Right to Know provisions of Montana’s Constitution (Art. II, Sect. 9) and may be considered a “public record” pursuant to Title 2, Chpt. 6, Montana Code Annotated. As such, this email, its sender and receiver, and the contents may be available for public disclosure and will be retained pursuant to the City’s record retention policies. Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 111 Bozeman City Hall RenovaƟon | Phase 1 Moving Itemized List Phase 1A (January 3rd) Legal to Bozeman Safety Four (4) small boxes Thirty-eight (8) large boxes Nine (9) banker’s boxes Five (5) office chairs Thirteen (13) conference table chairs One (1) Conference table Legal to Summit Warehouse Five (5) small tables One (1) cork board One (1) white board One (1) vintage credenza One (1) mini-fridge Three (3) bookshelves One (1) standing desk plaƞorm Two (2) small table chairs One (1) book cart One (1) TV One (1) desk *All desks are to remain Legal to Disposal One (1) MCA 2021 book set (green books) Two (2) small round tables One (1) standing desk plaƞorm One (1) mini fridge One (1) microwave One (1) bookshelf (L-shaped) Two (2) recycling boxes 1st Floor File Storage to 2nd Floor File Storage Five Hundred (540) Banker’s Boxes 1st Floor File Storage to Summit Warehouse One (1) anƟque file cabinet (Oak) Thirty-four (34) anchored shelves Seven (7) light steel shelves 1st Floor File Storage to Disposal Eight (8) File Cabinets 112 Bozeman City Hall RenovaƟon | Phase 1 Moving Itemized List Phase 1B (January 24th) Finance to Legal (Personal) Ninety-Two (92) small/medium boxes Eight (8) calculators Nine (9) personal heaters Four (4) bookshelves Five (5) small file cabinets Four (4) tall file cabinets Six (6) Varidesk accessories Two (2) pen organizers Seven (7) in-box organizers One (1) stand-up desk w/ extra wing One (1) mini fridge Twelve (12) office chairs Ten (10) cork boards One (1) white board Eight (8) small trash bins Eight (8) small recycle bins Finance to Legal (Front Counter) Four (4) cash register drawers Three (3) anƟ-faƟgue mats One (1) brochure holder Four (4) desk top organizers Two (2) waiƟng chairs Two (2) small trash bins Two (2) small recycle bins Finance to Legal (Money Room) Four (4) supply cabinets Twenty (20) boxes of printer paper One (1) locked shred bin Thirteen (13) uƟlity payment boxes Twelve (12) scanned check boxes Two (2) assessment payment boxes Four (4) file cabinets One (1) box of AR statements One (1) box of AR invoices Four (4) cases of envelopes Four (4) boxes printer toner Four (4) boxes parking permits Four (4) boxes Dog Tags / Books Two (2) standing storage shelves Six (6) large boxes 113 Bozeman City Hall RenovaƟon | Phase 1 Moving Itemized List One (1) Trash Bin One (1) recycle bin Misc o Recording Books o Wall Maps o Large Plat Books Finance to Summit Warehouse Seven (9) desks Seven (7) small tables Fourteen (14) chairs Eight (8) tall/large shelves Finance to Disposal Ten (10) cubicles FiŌeen (15) small cubicle file cabinets Ten (10) cubicles desks Misc (as Add/Alt) Ten (10) Bankers Boxes Ten (10) Large Boxes Ten (10) small boxes *Please provide an itemized NTE (Not to Exceed) proposal *Please provide a detailed, a la carte rates sheet to be included as an exhibit 114 1 Shane Miller From:Richard Dumas <rocksteadymovers@gmail.com> Sent:Friday, December 20, 2024 11:00 AM To:Shane Miller Subject:[EXTERNAL]Re: Bozeman City Hall Renovation | Notice of Award Categories:Red Category, Green Category, Blue Category CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Thank you for the update, move to be January 10th instead of January 3rd. I dont need to revise anything. Ill move the date over on my schedule with a note that it still needs to be approved. To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. Rock Steady Movers PO Box 1097 Belgrade, MT 59714 (406) 599-9402 www.rocksteadymovers.com Click Here to Leave Us a Review on Google On Fri, Dec 20, 2024 at 10:51 AM Shane Miller <SMiller@bozeman.net> wrote: Richard, Please consider this correspondence formal notice that the City of Bozeman would like to award you the Phase 1 moving contract for the City Hall renovation project. We have shifted a few dates, but I believe they work in our favor: Legal is to move to Public Safety on Jan 10th (w/ the understanding IT will be relocating their equipment the 9th) 115 Memorandum REPORT TO:City Commission FROM:Scott McMahan, Director of Information Technology SUBJECT:Authorize City Manager to sign Amendment 2 to the Professional Services Agreements and Schedule A forms with Vector Solutions, Inc. to facilitate co- terming all of our current products. MEETING DATE:January 7, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize City Manager to sign Amendment 2 to the Professional Services Agreements and Schedule A forms with Vector Solutions, Inc. to facilitate co- terming all of our current products. STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative approaches, and constantly anticipate new directions and changes relevant to the governance of the City. Be also adaptable and flexible with an outward focus on the customer and an external understanding of the issues as others may see them. BACKGROUND:We have multiple departments buying different products from the same vendor under different agreements and service timeframes. This will co- term all of the payment and service time frames of the various products to make the contract easier to manage going forward. UNRESOLVED ISSUES:None ALTERNATIVES:Leave things as they are and deal with the different agreements and payment timelines at a departmental level. FISCAL EFFECTS:Pay less this year and pay the full amount next fiscal year. Fees are all part of the existing budget. Attachments: 241211 Vector PSA Amendment-fire-combined (2) (1) (1).pdf 241211 Vector PSA Amendment-water-combined (1) (1).pdf Report compiled on: December 17, 2024 116 Second Amendment to Professional Services Agreement for Vector Solutions (Fire) FY 2024 – FY 2025 Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT dated April 20, 2020 (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 TargetSolutions Learning, LLC, d/b/a Vector Solutions (“Target Solutions”), a Delaware limited liability company, powered by CrewSense, LLC (“CrewSense”) and Halligan, Inc. (“Halligan”) (collectively referred to herein as “TSL”) hereinafter referred to as “Contractor” and collectively with the City as the “Parties.” 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 and Assignability: Section 16 of the Agreement permits the Parties to modify the Agreement by writing. Pursuant to Section 16, the Parties now mutually agree to modify the Agreement as detailed in Sections 2 and 3 of this Second Amendment to the PSA. 2.Extension of Term: The Agreement is now extended until June 30, 2025. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services, attached as Exhibit A – Schedule A to this Second Amendment to the PSA. 4.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. 117 Second Amendment to Professional Services Agreement for Vector Solutions (Fire) FY 2024 – FY 2025 Page 2 of 2 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA VECTOR SOLUTIONS By________________________________ By_____________________________ Chuck Winn, Acting City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 118 Quote ID Q-392112 Contact Name Luke Lutz 1 of 2 Schedule A – New Schedule This Contract Revision Form is hereby added to the Client Agreement signed on 6/21/2022 between the Vector Solutions entity and the Client named below as of the Effective Date below. If the term of this Schedule extends beyond the Term of the Client Agreement, then the Client Agreement shall automatically continue in full force and effect beyond the stated Client Agreement Term for so long as any Schedule remains in force. Date: Tuesday, December 3, 2024 Client Information Client Name: City of Bozeman (MT) (Fire) Address: 121 North Rouse Avenue Bozeman, MT 59715 Primary Contact Name: Eilis Gehle Primary Contact Phone: 4065822930 Agreement Term Effective Date: 12/01/2024 Initial Term: 7 months Invoicing Contact Information (Please fill in missing information) Billing Contact Name: Human Resources Billing Address: Attn: (Eilis Gehle) 121 N. Rouse Ave Bozeman, Montana 59715 Billing Phone: (406) 582-2275 Billing Email: humanresources@bozeman.net PO#: Billing Frequency: Annual Payment Terms: Net 30 Fees Product Code Product Name Description Qty Price Sub Total NRO Non-Recurring Overage Overage for: Vector Scheduling - Pro for time between 12/1/2024 - 6/30/2025 1 $1,633.80 $1,633.80 Grand Total: $1,633.80 119 2 of 2 The Parties have executed this Agreement by their authorized representatives as of the last date set forth below. Target Solutions Learning, LLC d/b/a Vector Solutions City of Bozeman (MT) 4890 W. Kennedy Blvd, Suite 300 Tampa, FL 33609 121 North Rouse Avenue Bozeman, MT 59715 By: \ \s2\ By: \ \s1\ Printed Name: Jackelin Maguire Printed Name: Title: Renewal Management Manager Title: Date: \ \d2\ Date: \ \d1\ 120 Second Amendment to Professional Services Agreement for Vector Solutions (Fire) FY 2024 – FY 2025 Page 1 of 2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT dated April 20, 2020 (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 TargetSolutions Learning, LLC, d/b/a Vector Solutions (“Target Solutions”), a Delaware limited liability company, powered by CrewSense, LLC (“CrewSense”) and Halligan, Inc. (“Halligan”) (collectively referred to herein as “TSL”) hereinafter referred to as “Contractor” and collectively with the City as the “Parties.” 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 and Assignability: Section 16 of the Agreement permits the Parties to modify the Agreement by writing. Pursuant to Section 16, the Parties now mutually agree to modify the Agreement as detailed in Sections 2 and 3 of this Second Amendment to the PSA. 2.Extension of Term: The Agreement is now extended until June 30, 2025. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services, attached as Exhibit A – Schedule A to this Second Amendment to the PSA. 4.Agreement still valid. All remaining terms and provisions of the Agreement remain valid. 121 Second Amendment to Professional Services Agreement for Vector Solutions (Fire) FY 2024 – FY 2025 Page 2 of 2 **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA VECTOR SOLUTIONS By________________________________ By_____________________________ Chuck Winn, Acting City Manager Print Name: Title: APPROVED AS TO FORM By_______________________________ Greg Sullivan, Bozeman City Attorney 122 Quote ID Q-392129 Contact Name Luke Lutz 1 of 2 Schedule A – New Schedule This Contract Revision Form is hereby added to the Client Agreement signed on 6/21/2022 between the Vector Solutions entity and the Client named below as of the Effective Date below. If the term of this Schedule extends beyond the Term of the Client Agreement, then the Client Agreement shall automatically continue in full force and effect beyond the stated Client Agreement Term for so long as any Schedule remains in force. Date: Tuesday, December 3, 2024 Client Information Client Name: City of Bozeman (MT) (Water) Address: 121 North Rouse Avenue Bozeman, MT 59715 Primary Contact Name: Eilis Gehle Primary Contact Phone: 4065822930 Agreement Term Effective Date: 03/01/2025 Initial Term: 4 months Invoicing Contact Information (Please fill in missing information) Billing Contact Name: Human Resources Billing Address: Attn: (Eilis Gehle) 121 N. Rouse Ave Bozeman, Montana 59715 Billing Phone: (406) 582-2275 Billing Email: humanresources@bozeman.net PO#: Billing Frequency: Annual Payment Terms: Net 30 Fees Product Code Product Name Description Qty Price Sub Total NRO Non-Recurring Overage Overage for: Vector Scheduling for time between 3/1/2024 - 6/30/2025 1 $901.50 $901.50 Grand Total: $901.50 123 2 of 2 The Parties have executed this Agreement by their authorized representatives as of the last date set forth below. Target Solutions Learning, LLC d/b/a Vector Solutions City of Bozeman (MT) 4890 W. Kennedy Blvd, Suite 300 Tampa, FL 33609 121 North Rouse Avenue Bozeman, MT 59715 By: \ \s2\ By: \ \s1\ Printed Name: Jackelin Maguire Printed Name: Title: Renewal Management Manager Title: Date: \ \d2\ Date: \ \d1\ 124 Memorandum REPORT TO:City Commission FROM:Bernie Massey, Assistant Treasurer Laurae Clark, Treasurer Melissa Hodnett, Finance Director SUBJECT:A Resolution for the Certification of Delinquent City Assessments to the County MEETING DATE:January 7, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution for the Certification of Delinquent City Assessments to the Gallatin County as submitted. 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:The Montana Code Annotated (MCA) authorizes the City of Bozeman to address delinquent special assessments under Title 7, Chapter 12, Part 41 and Title 7, Chapter 6, Part 44. Per MCA 7-12-4183 and 7-6-4423, the City may certify delinquent assessments to the County Treasurer for collection alongside property taxes. This process ensures unpaid special assessments are recovered efficiently. Once certified, the County includes these delinquencies in its tax collection process, and properties with unpaid assessments may be subject to sale for recovery of the owed amounts. The certification process is a critical tool for cities to ensure the funding of essential public services and infrastructure improvements. By enforcing payment, liens promote fairness among property owners, protect city revenue, and safeguard the community’s financial stability. They also help preserve property values by ensuring projects like road repairs are adequately funded. Additionally, liens provide a legal mechanism for cities to recover delinquent payments, incentivizing property owners to meet their obligations and minimizing the financial burden on other taxpayers. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:This action item ensures collection of the 1st half assessments that were not paid by the due date of December 2, 2024. The amount we have certified 125 and will in turn collect is $439,528.94 as noted on Schedule “A” attached. Attachments: Resolution_Certification_of_Delinquent_1st_half-FY25.docx Report compiled on: December 10, 2024 126 Page 1 of 5 RESOLUTION ____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE DECEMBER 2, 2024, AND UNPAID AS OF THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE FINANCE DIRECTORTO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. WHEREAS,pursuant to Sec 2.06.670 of the Bozeman Municipal Code, the Finance Director has prepared and filed with the Commission of the City of Bozeman, attached hereto, a report entitled Schedule A, describing the lot or parcel subject to the assessments, the nameand address of persons assessed, showing all annual and semi-annual special assessments due and payable December 2, 2024, and unpaid as of the preparation of the schedule, and the amount due thereunder, with penalty; and WHEREAS,pursuant to Sections 7-6-4423 and 7-12-4183, M.C.A., the City Commission of the City of Bozeman deems it necessary and proper, in order to protect the interests of the residents of the City of Bozeman and the bondholders of the respective Special Improvement District bonds, to declare all annual and semi-annual special assessments due and payable by 5:00 p.m. on December 2, 2024, and unpaid as of that date, delinquent and to certify the same to the Gallatin County Treasurer for collection as other delinquent taxes, and the property and/or properties may be sold the same as other property is sold for taxes. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: 127 Resolution ____, Certification of Delinquent Assessments to Gallatin County Page 2 of 5 Section 1 That all annual and semi-annual special assessments and installments of special assessments, due and payable December 2, 2024, and unpaid as of the date of preparation of Schedule A, as set forth in therein attached hereto, and made a part hereof, are hereby declared delinquent. Section 2 That the Finance Director is hereby directed to certify all annual and semi-annual special assessments and installments of special assessments delinquent, with penalty, as herein provided, and as shown by "Schedule A", to the County Treasurer of Gallatin County for collection as other delinquent taxes. Section 3 That within ten (10) days from and after the filing of said certificate, the Finance Director shall publish in one issue of the Bozeman Daily Chronicle, Notice as provided by Sec 2.06.680 of the Bozeman Municipal Code. Section 4 That the County Treasurer shall proceed with the collection of all annual and semi-annual special assessments or installments of special assessments, as set forth in Schedule "A", that the same shall be spread upon the delinquent tax list of the County of Gallatin for the Year 2024, and the same shall be collected as other delinquent taxes; and that in the case the same are paid, collection shall be made by the County Treasurer of Gallatin County, as provided by Sections 7- 12-4181 and 7-12-4183, M.C.A., and that in the case the same are not paid, the whole property shall be sold as in the case of other properties sold for non-payment of taxes. Section 5 That the Finance Director, under the direction of the City Manager, shall attend at the time and place for sale of the property for delinquent taxes, as provided by Sec 2.06.700 of the Bozeman Municipal Code. Section 6 That a copy of Schedule "A"attached hereto and made a part hereof, shall on or before the 7h day of January 2025 be filed with the County Clerk and Recorder and the County Treasurer of 128 Resolution ____, Certification of Delinquent Assessments to Gallatin County Gallatin County. Schedule 'A' may be amended solely to exclude delinquent payments made to the City prior to its filing with the Gallatin County Clerk and Recorder and the County Treasurer. Section 7 That, pursuant to Sec 2.06 of the Bozeman Municipal Code, attached hereto and made a part hereof, shall be a certificate of the Finance Director. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of January 2025. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney CERTIFICATE OF FINANCE DIRECTOR I, Melissa Hodnett, duly appointed, qualified and acting as Finance Director of the City of Bozeman, Montana, do hereby certify that the attached schedule marked Schedule "A" and made a part of Commission Resolution No. _____ is atrue and correct list of all annual and semi- 129 Resolution ____, Certification of Delinquent Assessments to Gallatin County annual delinquent special assessments and subsequent installments of special assessments due and owing the City of Bozeman as of December 2, 2024, at 5:00 p.m. That this certification and Schedule "A" attached hereto are made pursuant to and in conformance with Sec 2.06 of the Bozeman Municipal Code of the City of Bozeman, Montana. IN WITNESS WHEREOF, I hereunto set my hand this 7th day of January 2025. __________________________________ MELISSA HODNETT Finance Director 130 Version April 2020 NOTICE NOTICE IS HEREBY GIVEN by the Finance Director for the City of Bozeman, Montana, that she has certified to the Treasurer of Gallatin County a list of all property and of the persons assessed for delinquent taxes and assessments which will be sold at public auction by the Gallatin County Treasurer unless re-instated prior to such auction by paying all delinquent taxes, together with interest, penalties and costs incurred. A list of all delinquent properties and persons assessed is on file and subject to public inspection in the offices of the Gallatin County Treasurer, Gallatin County Courthouse, 311 West Main Street, and Finance Directorfor the City of Bozeman, 121 N Rouse Ave., Bozeman, Montana. DATED this 7th day of January 2025 __________________________________ MELISSA HODNETT Finance Director City of Bozeman Legal Ad Publish: Saturday January 11, 2025 131 Memorandum REPORT TO:City Commission FROM:Karl Johnson, Project Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Resolution Authorizing Change Order No. 2 with CK May Excavating, Inc. For the 2024 Street and Utility Improvements Project MEETING DATE:January 7, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution Authorizing Change Order No. 2 with CK May Excavating, Inc. For the 2024 Street and Utility Improvements Project STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Change Order No. 2 to the 2024 Street and Utility Improvements Project includes three items. Excavation for the replacement of a sewer manhole in the intersection of 8 th Avenue and Beall Street revealed that the close proximity of existing utilities did not allow for the placement of the new manhole base. Removing the water main was necessary to facilitate the installation of the manhole base. It was also determined the existing sewer manhole in this intersection and its connections did not have the proper grade to facilitate flow through the structure. A new manhole was installed with proper grade and the sewer main north of the manhole (manhole outlet) was replaced to make up the difference in grade from the existing manhole. The final item of the change order is insulation for the new water main. The existing water main was discovered at less than minimal depth, which requires insulation to prevent freezing. Re-aligning the water main to achieve greater depth was not practical. Insulation was installed over the water main replaced by the project. In addition, there is also an increase in contract time of 3 calendar days for this Change Order. Staff advises the final recommended change in cost and time for these items is reasonable and commensurate with the work involved. 132 UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:An increase of $41,521.06 to the overall contract price from $4,325,369.50 to $4,366,890.56 Attachments: Resolution Change Order 2 for 2024 Street and Utility Improvements Project (3).doc Change Order 2 with CK May Excavating for 2024 Street and Utility Improvements Project.pdf Report compiled on: December 13, 2024 133 1 of 2 RESOLUTION ______ A RESOLUTION AUTHORIZING CHANGE ORDER NO. 2 TO THE CONTRACT WITH CK MAY, INC. FOR THE 2024 STREET AND UTILITY IMPROVEMENTS PROJECT 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 or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS,it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and CK May Excavating, Inc., as contained in Change Order 02,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 Clerkis authorized and directed to attest such signature, to wit: 134 2 of 2 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7 th day of January 2025. __________________________________________ TERRY CUNNINGHAM Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _____________________________________________ GREG SULLIVAN City Attorney 135 Page 1 of 2 Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. CHANGE ORDER No. 2 DATE OF ISSUANCE 12/12/2024 EFFECTIVE DATE OWNER: City of Bozeman CONTRACTOR: CK May Contract: 2024 Street and Utility Improvements Project Project: North 8th Water and Sewer Renovations OWNER's Contract No. ENGINEER: City of Bozeman ENGINEER's Contract No. You are directed to make the following changes in the Contract Documents: Description: Remove and replace the existing water main north of SSMH-G0435. Remove and replace the existing sewer main north of SSMH-G0435. Reason for Change Order: The proximity of the existing water main north of SSMH-G0435 and the other nearby existing utilities did not allow for the placement of the new SSMH-G0435. The water main was removed to allow placement of the new structure. The existing SSMH-G0435 did not have adequate drop across the manhole and the existing sewer main north of the manhole was reverse graded. The sewer main was replaced to get proper slopes in the new manhole and sewer main north of the manhole. Attachments: Work Directive 01 and 02 Itemization of Costs CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 4,288,769.50 Original Contract Times: Substantial Completion: 300 Ready for final payment: 300 (days or dates) Net Increase (Decrease) from previous Change Orders No. 01 to 01 : $ 36,600.00 Net change from previous Change Orders No. 01 to No. 01 : Substantial Completion: 05 Ready for final payment: 05 (days) Contract Price prior to this Change Order: $ 4,325,369.50 Contract Times prior to this Change Order: Substantial Completion: 305 Ready for final payment: 305 (days or dates) Net increase (decrease) of this Change Order: $ 41,521.06 Net increase (decrease) this Change Order: Substantial Completion: 3 Ready for final payment: 3 (days) Contract Price with all approved Change Orders: $ 4,366,890.56 Contract Times with all approved Change Orders: Substantial Completion: 308 Ready for final payment: 308 (days or dates) Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER - Signature) Date OWNER (Authorized Signature) Date EJCDC 1910-8-B (1996 Edition) 136 Page 2 of 2 Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used. B. COMPLETING THE CHANGE ORDER FORM Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties. If a change only applies to price or to times, cross out the part of the tabulation that does not apply. 137 Bozeman, MT ON DATE: QTY Hours Unit Price Cost Comments 1 29.25 $ 57.00 $ 1,667.25 1 29.00 $ 48.00 $ 1,392.00 1 18.50 $ 47.32 $ 875.42 1 27.75 $ 48.00 $ 1,332.00 1 21.75 $ 51.00 $ 1,109.25 $ 956.39 QTY Hours Unit Price Cost Comments 1 18.50 $ 67.18 $ 1,242.83 15.00 $ 84.51 $ 422.55 12.00 $ 66.60 $ 133.20 14.00 $ 22.61 $ 90.44 19.00 $ 41.61 $ 374.49 31.00 $ 159.50 $ 478.50 Daily Rate 21.00 $ 170.80 $ 341.60 Daily Rate 12.00 $ 8.71 $ 17.42 Daily Rate $ 465.15 QTY Units Unit Price Cost Comments 2 EA $ 110.40 $ 220.80 1EA $ 182.77 $ 182.77 73 LF $ 55.00 $ 4,015.00 15 EA $ 1.07 $ 16.05 6EA $ 118.63 $ 711.78 2EA $ 182.55 $ 365.10 3EA $ 100.00 $ 300.00 2 EA $ 217.85 $ 435.70 1RL $ 668.79 $ 668.79 1LS $ 90.78 $ 90.78 18 CY $ 37.05 $ 666.90 $ 1,151.05 QTY Units Unit Price Cost Comments 394 LF $ 12.00 $ 4,728.00 $ - Total Cost $ 24,451.21 Ammann AV26E (Roller) 8'x10' Trench Box Allman Night-Lite Pro II V-Series Multiquip YELLSUB Pump Ford F350 Diesel Date MISC:Water Main Insulation (Item 621) Authorized Signature 1/2 YD BLOCK FLAT FACE Description 3/4" Screened Rock OUTBOUND FREIGHT CHARGE Contractors Fee (15%) 10" FIELD LOK TYTON JOINT GASKET V-BIO POLY WRAP FOR 10"-12" DI Description MATERIALS:10" MJ CAP DI, SSB, AWWA C153 10" MJ PLUG DI, SSB, AWWA C153 10" CL 51 DI PIPE T J 18.25' LENGTH BRONZE CONTINUITY WEDGE 10" TUFGRIP EPOXY COATED MJ 10" MJ SLEEVE LONG PATTERN DI Contractors Fee (15%) Description EQUIPMENT:Komatsu PC88 (Excavator) Deere 624P (Wheel Loader) Contractors Fee (15%) Description LABOR:Superintendent Labor (Tate) Labor (Curtis) Labor (Jacob) Labor (Jakob) Labor (Joseph) Komatsu PC138 (Excavator) Karl Johnson FAX: DESCRIPTION:Work Change Directive No. 01: Remove and replace water main north of SSMH-G0435 to facilitate manhole installation. 07/15/2024 - Cut asphalt, exposed water main, set trench box and exposed it for evening water shut down. Tate hauled equipment and tools all day to get ready for the water shut down (pipe supplies, trench box, end plate, dewatering pumps, light plant, water buffalo). Resume work at 9:30 PM, shut off water main at 10:30 PM. Cut, capped and thrust blocked at cap. Backfilled and cleaned up. Done at 2:00 AM Tuesday morning. 07/16/2024 - Remove existing water main north of manhole and install cap on west end. 07/31/2024 - Worked from 6:45 AM to 4:00 PM to reconnect 10” water main north of SSMH-G0425. Exposed and dug under storm crossing and gas main for reconnection. Installed 10” ductile during the day shift. Came back in at 9:00 PM and further prepared for water shut down at 10:30 PM. Exposed capped water main, set trench box, connected it the water main with a 13’ stick of 10” ductile, two solid sleeves, 4 MJ's. Backfilled for water to be turned back on. Cleaned up and done by 3am. P.O. Box 1426 Belgrade, MT 59714 PROJECT LOCATION: PHONE: 406-539-6559 REQUESTED FROM: Work Change Directive CONTRACTOR: CK May Excavating PROJECT NAME:City of Bozeman 2024 Street and Utility Improvements Project North 8th AvenuePROJECT MANAGER Jim Blair ADDRESS: 138 To: T-0 ~ H.D. FOWLER ~ COMPANY REMIT: PO Box 84368, Seattle, WA 98124 Invoice Number 16759135 CK MAY EXCAVATING INC PO BOX 1426 BELGRADE MT 59714 MIWH #031133 Corporate Office 3633 136th Pl SE, Ste 100, Bellevue, WA 98006 PO Box 160, Bellevue, WA 98009-0160 Phone 425-654-8800 * Fax 425-641-8885 Missoula Branch 4025 Flynn Lane MISSOULA, MT 59808 (406) 540-6300 Fax (none) Ship to: INTERSECTION OF N. 8TH & W. ME BOZEMAN MT 597159999 Order# Inv Date: Order Writer: 08230581 07/12/24 DAVE DELANGE II Terms: NET 10TH PROX Due: 08/10/24 i---P0/J.O.~LI NE FOB: DESTINATION Ship Via: Will-Call Here (Orde{:_ __ ~ORTH 8Ttj,RENNOVATIONS Qty Qty Part# Unit Extended Line Ship'd BO'd UoM Description Price Price 1 1 0 EA 10" MJ CAP DI, SSB, AWWA C153, LESS 110.400 110.40 ACCESSORIES (35 LBS) 2 1 0 EA 10" MJ PLUG DI, SSB, AWWA C153, LESS 182.770 182.77 ACCESSORIES (36 LBS) 3 1 0 EA OUTBOUND FREIGHT CHARGE UPS Ground 75.930 75.93 ~ /!-/':JI v()b Sub total 369.10 Freight 0.00 Tax 0.00 Serving the Pacific Northwest since 1911 Grand Total 369.10 Tate www.hdfowler.com Terms & Conditions: hdfowler.com/tcs 1/1 T X 139 ~ H.D. FOWLER ~ COMPANY REMIT: PO Box 84368, Seattle, WA 98124 To: Invoice Number 16760245 T-0 CK MAY EXCAVATING INC PO BOX 1426 BELGRADE MT 59714 BZWH # 031133 Corporate Office 3633 136th Pl SE, Ste 100, Bellevue, WA 98006 PO Box 160, Bellevue, WA 98009-0160 Phone 425-654-8800 * Fax 425-641-8885 Bozeman Branch 401 E MAIN ST Belgrade, MT 59714 (406) 388-1169 Fax (406) 388-4963 Ship to: HD Fowler Company -Bozeman Belgrade MT 59714 Order# Inv Date: Order Writer: 08230577 07/15/24 DAVE DELANGE 11 Terms: NET 10TH PROX FOB: H. D. FOWLER Due: 08/10/24 PO/JOB.;_ 10" WATER Ship Via: Will-Call Here (Order ~TH..-8THl~j NNOVATIONS 1 /1 Line Qty Ship'd Qty Part# BO'd UoM Description Unit Price Extended T Price X 1 91.25 7 15 6 7 3 2 4 1 9 5 Tate 0 FT 1 O" CL 51 DI PIPE T J 18.25' LENGTH ASPHAL TIC COATED ANSI/AWWA C151/A21.51 AND CEMENT LINED ANSI/AWWA C104/A21.4 WITH SBR GASKET 0 EA BRONZE CONTINUITY WEDGE FOR PUSH-ON DI PIPE 0 EA 10" TUFGRIP EPOXY COATED MJ WEDGE RESTRAINT SERIES 1000 FOR DIP WITH ACCESSORIES TYLER 0 EA 10" MJ SLEEVE LONG PATTERN DI, AWWA C153, LESS ACCESSORIES (68 LBS) 0 EA 10" MJ CAP DI, SSB, AWWA C153, LESS ACCESSORIES (35 LBS) 0 EA PIPE LUBE QUART IL/SI J66 Serving the Pacific Northwest since 1911 www.hdfowler.com Terms & Conditions: hdfowler.com/tcs 55.000 1.070 118.630 182.550 110.400 -INC- Sub total Freight Tax Grand Total 5018.75 16.05 830.41 365.10 110.40 6,340.71 0.00 0.00 6,340.71 4 Sticks Used 140 To: [?.:!I H.D. FOWLER ~ COMPANY REMIT: PO Box 84368, Seattle, WA 98124 Invoice Number 16761572 MIWH # 031133 Corporate Office 3633 136th Pl SE, Ste 100, Bellevue, WA 98006 PO Box 160, Bellevue, WA 98009-0160 Phone 425-654-8800 * Fax 425-641-8885 Missoula Branch 4025 Flynn Lane MISSOULA, MT 59808 (406) 540-6300 Fax (none) Ship to: 401 E Main St T-0 CK MAY EXCAVATING INC PO BOX 1426 Belgrade MT 59714 BELGRADE MT 59714 Order# Inv Date: Order Writer: Terms: NET 10TH PROX FOB: JOBSITE Qty Qty Line Ship'd BO'd 1 2 0 2 1 0 Tate UoM EA EA 08233427 07 /16/24 DAVE DELANGE 11 Due: 08/10/24 --PO/JOB: -1.~LD LOK Ship Via: UPS -STANDARD < NORTH 8TH ~NOVATIONS Part# Description 10" FIELD LOK TYTON JOINT GASKET SB RUBBER IMPORT ANSI/AWWA C111/A21 .11 OUTBOUND FREIGHT CHARGE UPS Ground to be added !L/fJ{ ~ Serving the Pacific Northwest since 1911 www.hdfowler.com Terms & Conditions: hdfowler.com/tcs Unit Price 217.440 14.850 Sub total Freight Tax Grand Total Extended Price 434.88 14.85 449.73 0.00 0.00 449.73 1 /1 T X 141 142 143 Belgrade Pit Picked Up Prices Locations: PO BOX 9 630 Airway Boulevard BELGRADE, MT 59714 1150 S. Alaska Road 406 388 6832 Current price as of 3/24 - Subject to change Product Price Per Conversion Materials Codes Ton tons to yards Washed Material (approximate LCY) 3/8" Washed Pea Gravel 28405 $22.50 1.2 5/16" Washed Rock 28406 $27.50 1.2 3/4" Washed Concrete Rock 28430 $15.50 1.2 1" Washed Concrete Rock 28440 $15.50 1.3 1 1/2" Washed Rock 28460 $16.50 1.3 3" Washed Rock 28465 $16.50 1.3 Sand Material Concrete Sand 28310 $12.50 1.1 Masonry Sand 28320 $32.50 1.1 Top Dressing Sand 28331 $32.50 1.15 Sanding Material 28355 $12.50 1.2 Salted Sand Material (10%)28360 quote by request 1.2 Road Material Specifications 1" Road Material MPW 28140 $8.00 1.4 1 1/2" Road Material MPW & MDT 6A 28160 $7.50 1.45 3" Road Material MPW 28180 $7.25 1.5 Pit Run 28950 $5.50 1.5 Miscellaneous 3/8" Crushed Fines 28510 $11.50 1.35 3/8" Crushed Chips 28710 $25.00 1.2 1/2" Crushed Chips 28720 $25.00 1.2 3/4" Bedding Material 28735 $20.00 1.3 4" Crushed Rock 28779 $17.50 1.3 Boulders 6"+28786 $11.50 1.3 Topsoil Screened 28958 $25.50 1.2 Dumped at the Pit (clean fill)28dumpFL $2.00Dumped at the Pit (asphalt/concrete)28dumpTN $35.00 Plant Mix Asphalt Concrete Supermix (3/8")28810 $84.00 2 MPW Type B (w/PG58-28)28330 $72.00 2 MDT Grade S (Modified Oil)28836 quote by request 2 FAA P-401 (Modified Oil)28834 quote by request 2 Tack Oil 28TACK $5.00 Gallon Freight Charge Based on 1 hour round trip Zone 2 Truck will haul up to*>1 HR / Truck Rental Truck only 8.50$ per ton 11.50$ *up to -17 135.00$ Truck and Pup 5.50$ per ton 7.00$ *up to 35 150.00$ Transfer 7.00$ per ton 7.50$ *up to 36 150.00$ Side/Belly Dump 6.00$ per ton 8.00$ *up to 27 160.00$ Minimum Price for Delivery $200.00- freight and product 3/24 144 Bozeman, MT ON DATE: QTY Hours Unit Price Cost Comments 124.00 $ 57.00 $ 1,368.00 125.25 $ 48.00 $ 1,212.00 111.75 $ 47.32 $ 556.01 137.00 $ 48.00 $ 1,776.00 131.00 $ 51.00 $ 1,581.00 $ 973.95 QTY Hours Unit Price Cost Comments 124.25 $ 126.17 $ 3,059.62 118.50 $ 84.51 $ 1,563.44 12.00 $ 67.18 $ 134.36 14.50 $ 66.60 $ 299.70 21.00 $ 159.50 $ 319.00 Daily Rate $ 806.42 QTY Units Unit Price Cost Comments 70 LF $ 20.41 $ 1,428.70 14 LF $ 29.52 $ 413.28 2EA $ 84.47 $ 168.94 26 CY $ 37.05 $ 963.30 $ 446.13 QTY Units Unit Price Cost Comments $ - $ - Total Cost $ 17,069.85 P.O. Box 1426 Belgrade, MT 59714 PROJECT LOCATION: PHONE: 406-539-6559 REQUESTED FROM: Work Change Directive CONTRACTOR: CK May Excavating PROJECT NAME:City of Bozeman 2024 Street and Utility Improvements Project North 8th Avenue PROJECT MANAGER Jim Blair ADDRESS: Description LABOR:Superintendent Labor (Tate) Labor (Curtis) Labor (Jacob) Labor (Jakob) Labor (Joseph) Karl Johnson FAX: DESCRIPTION:Work Change Directive No. 02: Remove and replace sewer main outlet north of SSMH-G0435 to remove reverse graded sewer. 07/29/2024 - Exposed sewer heading north out of G0435. Crossed 1-EA communications line, cut out storm RCP for trench box to fit in the excavation, set up dewatering equipment. Ran 14’ of sewer at .4%. 07/30/2024 - Ran 54.5’ of 12” sewer heading north from SSMH-G0435. 28’ of that pipe is a 0.4% and the last 26.5’ of it is layed at DEQ min of 0.22% as instructed by City of Bozeman. Tied into existing clay pipe with a Fernco Hulk and backfilled. 08/01/2024 - Finish backfill North end where sewer was corrected north of SSMH-G0435 and clean up, other than where storm was cut out due to waiting on Fernco's to reconnect existing storm. 08/05/2024 - Clean up north side of manhole on Beall from additional sewer main installation and reconnect 15” storm that was crossed. Description Contractors Fee (15%) Description EQUIPMENT:Komatsu PC290 (Excavator) Komatsu PC138 (Excavator) Komatsu PC88 (Excavator) Deere 624P (Wheel Loader) 8'x10' Trench Box Contractors Fee (15%) Date Contractors Fee (15%) Description SUBCONTRACTOR:N/A MATERIALS:12" SDR35 3034 GASKETED PVC 15" SDR35 3034 GASKETED PVC 15" CONG X Cl/PL SEWER COUPLING 3/4" Screened Rock Authorized Signature 145 To: ~ H.D. FOWLER ~ COMPANY REMIT: PO Box 84368, Seattle, WA 98124 Invoice Number 16775045 BZWH # 031133 Corporate Office 3633 136th Pl SE, Ste 100, Bellevue, WA 98006 PO Box 160, Bellevue, WA 98009-0160 Phone 425-654-8800 * Fax 425-641-8885 Bozeman Branch 401 E MAIN ST Belgrade, MT 59714 (406) 388-1169 Fax (406) 388-4963 Ship to: HD Fowler Company -Bozeman T-0 CK MAY EXCAVATING INC PO BOX 1426 Belgrade MT 59714 BELGRADE MT 59714 Terms: NET 10TH PROX FOB: H. D. FOWLER Qty Qty Line Ship'd BO'd 1 70 0 UoM FT Order# Inv Date: Order Writer: 08250071 07/29/24 Bryan Binder Due: 08/10/24 PO/JOB: N. 8TH Ship Via: Will-Call Here (Order NORTH 8TH RENNOVATIONS Part# Unit Extended Description Price Price 12" SDR35 3034 GASKETED PVC SEWER PIPE 14' 20.410 1428.70 LENGTH IL/52 2 8 0 EA 2" X 4' X 8' @60PSI FOAM CONTROL 600 EPS 60.440 483.52 JIM Serving the Pacific Northwest since 1911 www.hdfowler.com Terms & Conditions: hdfowler.com/tcs Sub total Freight Tax Grand Total 1,912.22 0.00 0.00 1,912.22 1/1 T X 146 To: ~ H.D. FOWLER ~ COMPANY REMIT: PO Box 84368, Seattle, WA 98124 Invoice Number 16781671 BZWH # 031133 Corporate Office 3633 136th Pl SE, Ste 100, Bellevue, WA 98006 PO Box 160, Bellevue, WA 98009-0160 Phone 425-654-8800 * Fax 425-641-8885 Bozeman Branch 401 E MAIN ST Belgrade, MT 59714 (406) 388-1169 Fax (406) 388-4963 Ship to: HD Fowler Company -Bozeman T-0 CK MAY EXCAVATING INC PO BOX 1426 Belgrade MT 59714 BELGRADE MT 59714 Order# Inv Date: Order Writer: Terms: NET 10TH PROX FOB: H. D. FOWLER Qty Qty Line Ship'd BO'd 1 14 0 2 1 0 Tate 08258268 08/05/24 ABI FRYMIER Due: 09/10/24 PO/JOB: Ship Via: Will-Call Here (Order NORTH 8TH RENNOVATIONS Part# Unit Extended UoM Description Price Price FT 15" SDR35 3034 GASKETED PVC SEWER PIPE 14" 29.520 413.28 LENGTH l'-l'bZ EA 4" CLAY X Cl/PL COUPLING 1002-44 FERNCO 6.870 6.87 IJb Serving the Pacific Northwest since 1911 www.hdfowler.com Terms & Conditions: hdfowler.com/tcs Sub total Freight Tax Grand Total 420.15 0.00 0.00 420.15 1 /1 T X 147 To: T-0 ~ H.D. FOWLER ~ COMPANY REMIT: PO Box 84368, Seattle, WA 98124 Invoice Number 16781376 CK MAY EXCAVATING INC PO BOX 1426 BELGRADE MT 59714 BZWH # 031133 Corporate Office 3633 136th Pl SE, Ste 100, Bellevue, WA 98006 PO Box 160, Bellevue, WA 98009-0160 Phone 425-654-8800 * Fax 425-641-8885 Bozeman Branch 401 E MAIN ST Belgrade, MT 59714 (406) 388-1169 Fax (406) 388-4963 Ship to: INTERSECTION OF N. 8TH & W. ME BOZEMAN MT 597159999 Order# Inv Date: Order Writer: 08249963 08/05/24 Bryan Binder 1/1 Terms: NET 10TH PROX FOB: JOBSITE Due: 09/10/24 PO/JOB: N. 8TH Ship Via: OUR TRUCK NORTH 8TH RENNOVATIONS Line 1 JIM Qty Ship'd 2 Qty Part# BO'd UoM Description 0 EA 15" CONG X Cl/PL SEWER COUPLING 1006-1515 FERNCO Serving the Pacific Northwest since 1911 www.hdfowler.com Terms & Conditions: hdfowler.com/tcs Unit Price 84.470 Sub total Freight Tax Grand Total Extended T Price X 168.94 168.94 0.00 0.00 168.94 148 Belgrade Pit Picked Up Prices Locations: PO BOX 9 630 Airway Boulevard BELGRADE, MT 59714 1150 S. Alaska Road 406 388 6832 Current price as of 3/24 - Subject to change Product Price Per Conversion Materials Codes Ton tons to yards Washed Material (approximate LCY) 3/8" Washed Pea Gravel 28405 $22.50 1.2 5/16" Washed Rock 28406 $27.50 1.2 3/4" Washed Concrete Rock 28430 $15.50 1.2 1" Washed Concrete Rock 28440 $15.50 1.3 1 1/2" Washed Rock 28460 $16.50 1.3 3" Washed Rock 28465 $16.50 1.3 Sand Material Concrete Sand 28310 $12.50 1.1 Masonry Sand 28320 $32.50 1.1 Top Dressing Sand 28331 $32.50 1.15 Sanding Material 28355 $12.50 1.2 Salted Sand Material (10%)28360 quote by request 1.2 Road Material Specifications 1" Road Material MPW 28140 $8.00 1.4 1 1/2" Road Material MPW & MDT 6A 28160 $7.50 1.45 3" Road Material MPW 28180 $7.25 1.5 Pit Run 28950 $5.50 1.5 Miscellaneous 3/8" Crushed Fines 28510 $11.50 1.35 3/8" Crushed Chips 28710 $25.00 1.2 1/2" Crushed Chips 28720 $25.00 1.2 3/4" Bedding Material 28735 $20.00 1.3 4" Crushed Rock 28779 $17.50 1.3 Boulders 6"+28786 $11.50 1.3 Topsoil Screened 28958 $25.50 1.2 Dumped at the Pit (clean fill)28dumpFL $2.00Dumped at the Pit (asphalt/concrete)28dumpTN $35.00 Plant Mix Asphalt Concrete Supermix (3/8")28810 $84.00 2 MPW Type B (w/PG58-28)28330 $72.00 2 MDT Grade S (Modified Oil)28836 quote by request 2 FAA P-401 (Modified Oil)28834 quote by request 2 Tack Oil 28TACK $5.00 Gallon Freight Charge Based on 1 hour round trip Zone 2 Truck will haul up to*>1 HR / Truck Rental Truck only 8.50$ per ton 11.50$ *up to -17 135.00$ Truck and Pup 5.50$ per ton 7.00$ *up to 35 150.00$ Transfer 7.00$ per ton 7.50$ *up to 36 150.00$ Side/Belly Dump 6.00$ per ton 8.00$ *up to 27 160.00$ Minimum Price for Delivery $200.00- freight and product 3/24 149 Memorandum REPORT TO:City Commission FROM:Bob Murray, Project Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Resolution Authorizing Change Order No. 3 with Treasure State Inc. for the Cottonwood Road - Oak to Baxter Project. MEETING DATE:January 7, 2025 AGENDA ITEM TYPE:Agreement - Legal RECOMMENDATION:Adopt a resolution authorizing Change Order No. 3 with Treasure State Inc. for the Cottonwood Road - Oak to Baxter Project. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Attached is a copy of a resolution and change order number 3 for the above referenced project. The change order includes five items, 4 additions and one deduct. There is a description each of the items provided on page 2 of the change order titled “Summary Sheet Change Order No. 3”. This is followed by the detailed backup information associated with each item. The net result of the five items is a decrease in the current contract amount of $208,694.85. There is also a change in contract time extending the final completion of the project to June 15th, 2025. This was necessary in order to procure the light poles associated with one of the items in the change. The final recommended change in cost and time for these items is reasonable and commensurate with the work involved. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission. FISCAL EFFECTS:Decrease of $208,694.85 from 8,183,923.18 to 7,975,228.33 (Project Number SIF086, SIF138 and BARSAA gas tax – budget $8,882,124.26). Attachments: Cottonwood - Oak to Baxter Change Order 3 Resolution.doc Cottonwood - Oak to Baxter Change Order 3.pdf Report compiled on: December 26, 2024 150 151 1 of 2 COMMISSION RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH TREASURE STATE, INC., BELGRADE, MONTANA. WHEREAS,the City Commission did, on the 14th day of February2023, authorizeaward of the bid for the Cottonwood Road – Oak to Baxter Project to Treasure State, Inc., Belgrade, Montana; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS,it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and Treasure State, Inc., as contained in Change Order No. 3,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. 152 Resolution No. , Change Order 3 for the Cottonwood Road – Oak to Baxter Project 2 of 2 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of January, 2025. __________________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _____________________________________________ GREG SULLIVAN City Attorney 153 Page 1 of 1 N:\0417\085 - Cottonwood Road\06 Construction\Change Orders\Change Order 3\Cottonwood Change Order Form 3.doc CHANGE ORDER No. 3 DATE OF ISSUANCE December 11, 2024 EFFECTIVE DATE OWNER City of Bozeman CONTRACTOR Treasure State, Inc. Contract: Cottonwood Road (Oak to Baxter) Project: Schedule 1 OWNER's Contract No. ENGINEER Morrison Maierle ENGINEER's Contract No. 0417.085 You are directed to make the following changes in the Contract Documents: Description: 1. Add work to the contract as listed in Work Change Directive 4, 5, 6 and two additional work items. Reason for Change Order: As identified on the Change Order No, 3 Summary Sheet. Attachments: (List documents supporting change) Change Order No. 3 Summary Sheet and associated referenced attachments. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price $ 7,955,703.50 Original Contract Times: Substantial Completion: 210 Ready for final payment: 240 (days) Net Increase (Decrease) from previous Change Orders No. 0 to 2 : $ 228,219.68 Net change from previous Change Orders No. 0 to No. 2 : Substantial Completion: 7 Ready for final payment: 7 (days) Contract Price prior to this Change Order: $ 8,183,923.18 Contract Times prior to this Change Order: Substantial Completion: 217 Ready for final payment: 247 (days) Net increase (decrease) of this Change Order: $ (208,694.85) Net increase (decrease) this Change Order: Substantial Completion: 0 (days) Ready for final payment: Changed to date Contract Price with all approved Change Orders: $ 7,975,228.33 Contract Times with all approved Change Orders: Substantial Completion: 217(days) Ready for final payment: June 15, 2025 Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein represents the full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. CONTRACTOR (Authorized Signature) Date RECOMMENDED BY: APPROVED BY: (ENGINEER - Signature) Date OWNER (Authorized Signature) Date EJCDC 1910-8-B (1996 Edition Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America and the Construction Specifications Institute. 154 Summary Sheet Change Order No. 3 Change Order No. 3 includes reconciliation of three Work Change Directives that were issued on the project and two additional change items. These are summarized below: Work Change Directive No. 4 This Work Change Directive included removing the use of thermoplastic pavement markings from the project and utilize epoxy paint instead. The pricing is based on unit pricing for specific bid items with a project savings of $262,098.00. This change order incorporates the Work Change Directive as attached to this summary sheet as Exhibit A. The one modification from what is included in the Work Change Directive is to delete the requirement that the Contractor deliver to the City the thermoplastic preformed tape and symbols that the Contractor procured for the project prior to issuing the directive. Work is completed. Work Change Directive No. 5 This Work Change Directive included additional traffic control associated with opening Baxter Lane prior to the end of the date of substantial completion to alleviate traffic concerns. The work was done on a time and material basis as outlined in the attached Work Change Directive No. 4, Exhibit B. The time and material pricing for this work is summarized in the attached Exhibit C. The cost for this work results in an increase of $10,853.12. Work is completed. Work Change Directive No. 6 This Work Change Directive included several items associated with grading and drainage in the northeast quadrant of the Baxter/Cottonwood Intersection as outlined in Exhibit D, Work Change Directive No. 6. The work was completed on a time and material basis with the breakdown included as Exhibit E. The cost for this work results in an increase of $26,868.51. Work is completed. Cottonwood/Baxter Roundabout Lighting Modification Due to overhead line utility conflicts, it was determined that standard height lights would not work in two locations at the Cottonwood/Baxter Roundabout. The modification includes supplying and installing luminaire extensions on Signal Poles #2 and #5 to have luminaire height as noted in Exhibit F. House Side Shields shall be supplied for each luminaire and be installed at direction of Engineer. Field adjustable wattage selector shall be set at position 4 at the time of install. The cost of the work is in addition to work included in bid items as part of the original contract. The cost of the work is included in Exhibit G. This work is to be completed on a lump sum basis of $15,427.50 with a completion date to align with the final completion date for the project. Modification to Seeding for HOA Property Frontage A lawn type seed mixture in the boulevard and adjacent open space is needed along a short section of Harper Puckett Road as it is maintained by the Baxter Meadows Homeowners’ Association. This work is to be completed on a lump sum basis of $254.02 with a completion date to align with the final completion date for the project. Pricing is provided as Exhibt H with a completion date to align with the final completion date for the project. 155 Summary of Contract Price Work Change Directive No. 4 ($262,098.00) Work Change Directive No. 5 $10,853.12 Work Change Directive No. 6 $26,868.51 Lighting Modification $15,427.50 HOA Area Seeding $ 254.02 Total ($208,694.85) Summary of Contract Time The project was completed within the designated substantial completion time. Work Change Directive No. 6, the lighting modification and related items have extended the final completion time frame beyond the contract final completion period as identified in Work Change Directive No. 6. While a vast majority of the final completion items are done, the lead time to procure the luminaire extensions will delay project close out. Based on that the Final Completion time is changed with this change order from a set number of days to a completion date of June 15, 2025. 156 Exhibit A 157 11-3-23 158 159 Exhibit B 160 12-7-23161 Summary Sheet WCD 5 You are directed to open Baxter Lane to the traveling public by the end of the day Friday, December 8, 2023. The following items are the minimum items required to safely open the street: 1. Make the streetlights on the Baxter Lane corridor operational. If Northwestern Energy does not connect the electrical service, provide a quiet generator to power lights during the nighttime hours. If this is not possible, please advise and a construction traffic control plan will need to be implemented. 2. Remove detour signs on the Baxter Lane corridor. Do not remove Harper Puckett closure signs or Baxter Meadow detour signs. Remove detour signs associated with directing traffic to Durston. Do not remove any of the signs associated with the stop control on Love Lane and Durston Road. If Cottonwood Road and Harper Puckett are intended to be kept closed for more than one week provide and implement updated overall project traffic control plan. 3. Four project signs will need to be installed prior to opening. These are identified on Attachment A. If needed, provide temporary posts for these signs. Please provide a traffic control plan if you have an alternate temporary solution. 4. Cottonwood Road and Harper Puckett Road can be kept closed. If this option is implemented the following minimum traffic control will be needed, Type 3 Barricades will be needed on the Cottonwood and Harper Puckett legs of the roundabout and candles placed to direct traffic to proceed straight through the roundabout. 5. Provide sidewalk closed barricades in multiple locations as shown on Attachment B and as needed to be modified based on your construction activity. The goal is to close all pedestrian access to the roundabout crossings. 6. Provide local traffic control for project construction activity as needed to keep the street open and project construction proceeding. 162 TP 197+00 198+00 199+00 200+00 201+00 202+00 203+00 BAXTER LANE M P H15202+35.10 28.64' RT W2-6 (30"X30") W13-1P (18"X18") (15 MPH) NEW 197+20.31 10.50' LT BEGIN 4" WHITE 197+20.31 0.33' LT BEGIN 4" YELLOW 197+20.31 0.33' RT BEGIN 4" YELLOW 197+20.30 10.50' RT BEGIN 4" WHITE 202+78.97 17.99' RT END 4" WHITE BEGIN 6" 2:3 DASHED WHITE 202+61.15 16.85' LT END 4" WHITE BEGIN 6" 2:3 DASHED WHITE 202+99.10 17.25' LT END 6" 2:3 DASHED WHITE BEGIN 4" WHITE 198+50.93 0.00' T BEGIN 4" DOUBLE YELLOW 202+82.08 5.71' LT END 4" DOUBLE YELLOW 202+84.92 5.72' RT END 4" DOUBLE YELLOW 198+70.52 0.26' LT BEGIN 24" YELLOW CHEVRONS VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! 2022COPYRIGHT © MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NUMBER DRAWING NUMBER DATEDESCRIPTIONNO.BY N:\PROJECTS\0417\085 - COTTONWOOD ROAD\ACAD\SHEETS\BAXTER LANE SIGNING AND MARKING.DWG PLOTTED BY:BEN SLAKEY ON Apr/20/2022 REVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net engineers surveyors planners scientists MorrisonMaierle COTTONWOOD ROAD (OAK TO BAXTER) BOZEMAN MT BAXTER LANE SIGNING & MARKING PLANS: STA. 197+00 - 203+00 0417.085 57 TC-11 BRS BEV JRN 04/2022 SWF 04/2022 ### ### #### #### # ## GENERAL NOTES 1.UNLESS OTHERWISE NOTED, ALL STREET SIGNS SHALL BE POST MOUNTED PER COB STANDARD DETAIL DRAWING 09810-1 2.ALL PEDESTRIAN CROSSING AHEAD SIGNS (W11-2) WITH AHEAD (W16-9P) OR DOWNWARD ARROW (W16-7P) SIGNS SHALL HAVE FLUORESCENT YELLOW GREEN BACKGROUNDS. 3.ALL CURB MARKINGS ARE SHOWN IN A YELLOW HATCH BETWEEN THE BACK OF THE CURB AND THE FLOWLINE OF THE CURB. ALL CURB MARKINGS SHALL BE EPOXY PAINT. 4.ALL PAVEMENT MARKINGS LESS THAN 8" SHALL BE EPOXY PAINT. 5.ALL PAVEMENT MAKINGS OVER 8" AND ALL SYMBOLS SHALL EITHER BE HOT EXTRUDED INLAID OR PREFORMED THERMOPLASTIC MARKINGS 6.ALL BIKE LANE SYMBOL PAVEMENT MARKINGS SHALL BE PREFORMED THERMOPLASTIC. 7.SEE SHEETS DT 2-3 FOR PAVEMENT MARKING SYMBOL DETAILS. 8.SIGNS NOT SHOWN ARE "USE AS IS" UNLESS OTHERWISE SPECIFIED BY THE ENGINEER 9.UNLESS INSTALLED ON A SIGN POST WITH ANOTHER SIGN, ALL "NO PARKING" SIGNS SHALL BE SET AT A 45° ANGLE. 25 0 HORIZ. SCALE IN FEET 25 50 04/20/2022 INSTALL SIGN PROVIDE CONSTRUCTION AHEAD STANDARD WARNIG SIGNS ATTACHMENT A - PAGE 1 OF 3 163 50+00 51+00 52+00 53+00 54+0 0 55+00 56+00 TESESES E S E S ESES===[]======[]======[]===IIII50+00 51+00 52+00 53+00 54+0 0 55+00 56+00 BAXTER LANECOTTONWOOD ROA D BaxterLNNOPARKINGANYTIMENOPARKINGANYTIME YIELDYIELDBaxterLNCottonwoodRDONE WAYONE WAYONE WAYONE WAY RIGHTLANEENDSBIKE ROUTEBIKE ROUTELEFTLANERIGHTLANESTOPON REDCROSSWALKSTOPON REDCROSSWALKSTOPON REDCROSSWALKSTOPON REDCROSSWALK11.5' 5.5' 11.5' 11.5' 5.5' 11.5' CottonwoodRD YIELDPB BPBPBPBPBPBPBPBP BPBPBPBPBP BP BP BPBPBPBPBPBP BP BPBP BP BP BPBPBP BP BPBP BPBP BPBP BPBPBPBPBPBP BPBP BPBP B P BPBPBP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BP BPBP BP BP BP BP BP BP BP BP PB PBPBPB PBPBPBPBPBPBPBPBPBPBPBPB53+07.04 37.35' LT R6-4A (48"X24") R6-1 (36"X18") NEW 51+10.85 45.50' LT D11-1 (24"X18") M6-2 (21"X15") NEW 51+79.91 48.80' RT OHR10-23 (24"X30") NEW 51+60.53 41.38' RT W11-2 (36"X36") W16-7P (24"X12") R7-1A (12"X18") NEW 52+48.27 75.27' RT R1-2 (36"X36"X36") NEW 52+49.27 21.58' RT R1-2 (36"X36"X36") D3-1 (62"X9") D3-1 (31"X9") NEW 51+92.86 44.56' LT W11-2 (36"X36") W16-7P (24"X12") R7-1A (12"x18") NEW 54+48.88 16.98' LT R1-2 (36"X36"X36") D3-1 (62"X9") D3-1 (31"X9") NEW 53+10.34 44.08' RT R6-4A (48"X24") R6-1 (36"X18") NEW 53+98.87 28.69' RT R6-4A (48"X24") R6-1 (36"X18") NEW 53+78.52 47.60' LT R6-4A (48"X24") R6-1 (36"X18") NEW 55+92.81 41.16' RT W9-1 (36"X36") NEW 51+69.11 45.57' LT OHR10-23 (24"X30") NEW 50+30.00 46.52' RT R3-8 (48"X48") NEW 51+64.00 7.00' RT W11-2 (36"X36") W16-7P (24"X12") NEW 51+95.10 7.93' LT W11-2 (36"X36") W16-7P (24"X12") NEW 51+17.84 47.03' RT D11-1 (24"X18") M6-2 (21"X15") NEW 55+08.85 2.88' RT W11-2 (36"X36") W16-7P (24"X12") NEW 55+30.85 2.00' LT W11-2 (36"X36") W16-7P (24"X12") NEW 54+45.23 79.45' LT R1-2 (36"X36"X36") NEW 50+94.75 80.64' RT X3-2 (24"X30") NEW 51+04.65 80.66' RT X3-2 (24"X30") NEW 50+99.70 80.65' RT X3-2 (24"X30") NEW 55+12.23 38.75' RT W11-2 (36"X36") W16-7P (24"X12") NEW 55+28.99 41.75' RT OHR10-23 (24"X30") NEW 55+33.37 37.59' LT W11-2 (36"X36") W16-7P (24"X12") NEW 55+18.29 43.41' LT OHR10-23 (24"X30") NEW YIELD50+91.16 9.67' LT DELINEATOR 51+70.47 9.46' LT DELINEATOR 51+70.01 9.39' RT DELINEATOR 51+82.31 9.66' LT DELINEATOR 51+82.32 9.39' RT DELINEATOR 52+54.99 24.20' LT DELINEATOR 52+52.92 25.81' RT DELINEATOR 54+43.99 22.26' LT DELINEATOR 54+44.14 21.25' RT DELINEATOR 55+14.19 4.55' LT DELINEATOR 55+14.03 5.01' RT DELINEATOR 55+26.35 4.47' LT DELINEATOR 55+26.02 4.48' RT DELINEATOR VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! 2023COPYRIGHT © MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NUMBER DRAWING NUMBER DATEDESCRIPTIONNO.BY N:\0417\085 - COTTONWOOD ROAD\ACAD\SHEETS\COTTONWOOD ROAD SIGNING AND MARKING.DWG PLOTTED BY:BRYAN VANDERLOOS ON Oct/31/2023 REVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net engineers surveyors planners scientists MorrisonMaierle COTTONWOOD ROAD (OAK TO BAXTER) BOZEMAN MT COTTONWOOD ROAD SIGNING PLANS: STA. 50+00 - 56+00 0417.085 54 TC-8 BRS BEV JRN 04/2022 SWF 04/2022 1 UPDATED OVERHEAD SIGNS BASED ON NEW SIGNAL LOCATION 10/31/23 BEV GENERAL NOTES 1.UNLESS OTHERWISE NOTED, ALL STREET SIGNS SHALL BE POST MOUNTED PER COB STANDARD DETAIL DRAWING 09810-1 2.ALL PEDESTRIAN CROSSING AHEAD SIGNS (W11-2) WITH AHEAD (W16-9P) OR DOWNWARD ARROW (W16-7P) SIGNS SHALL HAVE FLUORESCENT YELLOW GREEN BACKGROUNDS. 3.ALL CURB MARKINGS ARE SHOWN IN A YELLOW HATCH BETWEEN THE BACK OF THE CURB AND THE FLOWLINE OF THE CURB. ALL CURB MARKINGS SHALL BE EPOXY PAINT. 4.ALL PAVEMENT MARKINGS LESS THAN 8" SHALL BE EPOXY PAINT. 5.ALL PAVEMENT MAKINGS OVER 8" AND ALL SYMBOLS SHALL EITHER BE HOT EXTRUDED INLAID OR PREFORMED THERMOPLASTIC MARKINGS 6.ALL BIKE LANE SYMBOL PAVEMENT MARKINGS SHALL BE PREFORMED THERMOPLASTIC. 7.SEE SHEETS DT 2-3 FOR PAVEMENT MARKING SYMBOL DETAILS. 8.SIGNS NOT SHOWN ARE "USE AS IS" UNLESS OTHERWISE SPECIFIED BY THE ENGINEER 9.UNLESS INSTALLED ON A SIGN POST WITH ANOTHER SIGN, ALL "NO PARKING SINGS SHALL BE SET AT A 45° ANGLE. 10.SEE SHEET DT-4 FOR OHR 10-23 MOUNTING REQUIREMENTS 11.SIGN AT STATION 50+30.00 REQUIRES TWO SIGN POSTS. INSTALL POSTS AND SIGN PER COB STANDARD DETAIL DRAWING 09801-1. 25 0 HORIZ. SCALE IN FEET 25 50 10/31/2023 INSTALL SIGN INSTALL SIGN ATTACHMENT A - PAGE 2 OF 3 164 ESESESI TV TV IIII I I I T ESESES206+00 207+00 208+00 209+00 210+00 211+00M P H15209+48.58 27.93' LT W2-6 (30"X30") W13-1P (18"X18") (15 MPH) NEW 207+24.69 51.13' LT R1-2 (36"X36"X36") NEW STOPON REDCROSSWALKSTOPON REDCROSSWALK207+55.75 40.84' RT OHR10-23 (24"X30") NEW 207+44.31 36.53' LT OHR10-23 (24"X30") NEW 207+42.32 40.35' RT W11-2 (36"X36") W16-7P (24"X12") NEW 207+57.66 29.00' LT W11-2 (36"X36") W16-7P (24"X12") NEW 208+50.74 33.67 LT R3-2 (24"X24") NEWBaxterLNCottonwoodRD 207+31.66 7.06' RT W11-2 (36"X36") W16-7P (24"X12") NEW 207+56.71 2.76' LT W11-2 (36"X36") W16-7P (24"X12") NEW PB PB PB PB PB PB PB PB PB PB 207+07.81 10.17' LT R1-2 (36"X36"X36") D3-1 (62"X9") D3-1 (31"X9") NEWYIELD YIELD208+44.06 2.84' RT DELINEATOR 208+44.15 3.73' LT DELINEATOR 207+49.05 5.67' LT DELINEATOR 207+36.70 6.75' LT DELINEATOR 207+37.28 8.37' RT DELINEATOR 207+07.12 15.84' RT DELINEATOR 207+06.01 13.75' LT DELINEATOR 207+49.13 6.40' RT DELINEATOR VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! 2023COPYRIGHT © MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NUMBER DRAWING NUMBER DATEDESCRIPTIONNO.BY N:\0417\085 - COTTONWOOD ROAD\ACAD\SHEETS\REVISED SHEET TC-13A 14A.DWG PLOTTED BY:BRYAN VANDERLOOS ON Oct/31/2023 REVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net engineers surveyors planners scientists MorrisonMaierle COTTONWOOD ROAD (OAK TO BAXTER) BOZEMAN MT BAXTER LANE MARKING PLANS: STA. 203+00 - 209+00 0417.085 59 TC-13A BRS BEV JRN 04/2022 SWF 04/2022 1 REVISED SPLITTER ISLAND 10/31/2023BEV GENERAL NOTES 1.UNLESS OTHERWISE NOTED, ALL STREET SIGNS SHALL BE POST MOUNTED PER COB STANDARD DETAIL DRAWING 09810-1 2.ALL PEDESTRIAN CROSSING AHEAD SIGNS (W11-2) WITH AHEAD (W16-9P) OR DOWNWARD ARROW (W16-7P) SIGNS SHALL HAVE FLUORESCENT YELLOW GREEN BACKGROUNDS. 3.ALL CURB MARKINGS ARE SHOWN IN A YELLOW HATCH BETWEEN THE BACK OF THE CURB AND THE FLOWLINE OF THE CURB. ALL CURB MARKINGS SHALL BE EPOXY PAINT. 4.ALL PAVEMENT MARKINGS LESS THAN 8" SHALL BE EPOXY PAINT. 5.ALL PAVEMENT MAKINGS OVER 8" AND ALL SYMBOLS SHALL EITHER BE HOT EXTRUDED INLAID OR PREFORMED THERMOPLASTIC MARKINGS 6.ALL BIKE LANE SYMBOL PAVEMENT MARKINGS SHALL BE PREFORMED THERMOPLASTIC. 7.SEE SHEETS DT 2-3 FOR PAVEMENT MARKING SYMBOL DETAILS. 8.SIGNS NOT SHOWN ARE "USE AS IS" UNLESS OTHERWISE SPECIFIED BY THE ENGINEER 9.UNLESS INSTALLED ON A SIGN POST WITH ANOTHER SIGN, ALL "NO PARKING" SIGNS SHALL BE SET AT A 45° ANGLE 10.SEE SHEET DT-4 FOR OHR 10-23 MOUNTING REQUIREMENT 25 0 HORIZ. SCALE IN FEET 25 50 10/31/2023 PROVIDE CONSTRUCTION AHEAD STANDARD WARNIG SIGNS INSTALL SIGN ATTACHMENT A - PAGE 3 OF 3 165 52+0053+0054+0055+00203+00 204+00 205+00 206+00 207+00 208+00 209+00ESESES 203+16.97 17.54' RT END 6" 2:3 DASHED WHITE BEGIN 4" WHITE I TV I I I T ESESES203+00 204+00 205+00 206+00 207+00 208+00 209+00 PB PB PB PB PB PB PB PB PB PB PB PB PB PB PB PB 204+68.24 43.02' RT 207+06.91 18.13' LT 203+93.40 19.59' RT END 4" WHITE 203+94.77 22.53' LT BEGIN 24" WHITE 203+92.63 23.30' LT END 4" WHITE 204+06.84 24.76' LT BEGIN 4" WHITE 204+34.86 29.48' LT BEGIN 24" WHITE 203+95.91 8.47' RT BEGIN 24" WHITE 203+93.81 7.57' LT END 4" YELLOW 204+07.95 7.63' RT BEGIN 4" YELLOW 204+07.13 21.16' RT BEGIN 4" WHITE 204+87.29 25.56' LT END 4" YELLOW 204+79.09 22.33' RT 205+16.59 0.00' T 4" YELLOW 206+10.09 73.96' LT 4" YELLOW 205+84.74 92.67' LT END 12" 2:3 DASHED WHITE BEGIN 4" WHITE 204+87.49 53.94' LT START 12" 2:3 DASHED 206+42.69 78.36' LT END 4" WHITE 206+27.90 79.23' LT WHITE SYMBOL 206+68.59 0.00' T 4" YELLOW 205+85.73 75.69' RT 4" YELLOW 205+66.99 82.87' RT WHITE SYMBOL205+52.21 83.77' RT BEGIN 4" WHITE 206+17.73 89.54' RT END 4" WHITE BEGIN 12" 2:3 DASHED WHITE 206+98.42 23.76' RT BEGIN 4" YELLOW 207+02.47 18.35' LT BEGIN 4" YELLOW 207+79.90 17.91' LT BEGIN 24" WHITE 207+36.34 9.86' LT END 4" YELLOW 207+50.67 8.55' LT BEGIN 4" YELLOW 207+37.03 11.51' RT END 4" YELLOW 207+50.55 9.20' RT BEGIN 4" YELLOW 207+39.11 11.84' RT BEGIN 24" WHITE 207+12.33 19.32' RT BEGIN 24" WHITE 207+42.02 34.61' RT END 4" WHITE 207+54.66 31.09' RT BEGIN 4" WHITE 204+83.30 23.19' RT END 4" YELLOW 204+07.87 7.87' LT BEGIN 4" YELLOW 206+95.84 55.19' RT END 12" 2:3 DASHED WHITE 203+65.46 7.45' RT BEGIN 24" WHITE 203+94.00 7.17' RT END 4" YELLOW 207+54.48 24.20' LT BEGIN 4" WHITE 207+40.41 29.18' LT END 4" WHITE 207+17.15 39.04' LT 207+41.82 25.73' LT BEGIN 24" WHITE 207+43.66 33.32' RT END 24" WHITE 207+18.55 42.73' RT END 24" WHITE 207+38.87 12.02' LT END 24" WHITE 207+79.46 7.94' LT END 24" WHITE 203+95.39 18.46' RT END 24" WHITE 203+65.14 17.24' RT END 24" WHITE 204+37.54 11.98' LT END 24" WHITE 203+95.77 8.56' LT END 24" WHITE VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! 2023COPYRIGHT © MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NUMBER DRAWING NUMBER DATEDESCRIPTIONNO.BY N:\0417\085 - COTTONWOOD ROAD\ACAD\SHEETS\BAXTER LANE SIGNING AND MARKING.DWG PLOTTED BY:BRYAN VANDERLOOS ON Oct/31/2023 REVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net engineers surveyors planners scientists MorrisonMaierle COTTONWOOD ROAD (OAK TO BAXTER) BOZEMAN MT BAXTER LANE MARKING PLANS: STA. 203+00 - 209+00 0417.085 59 TC-13 BRS BEV JRN 04/2022 SWF 04/2022 1 REVISED STOP BAR LOCATIONS BASED ON NEW SIGNAL LOCATIONS 10/31/23 BEV GENERAL NOTES 1.UNLESS OTHERWISE NOTED, ALL STREET SIGNS SHALL BE POST MOUNTED PER COB STANDARD DETAIL DRAWING 09810-1 2.ALL PEDESTRIAN CROSSING AHEAD SIGNS (W11-2) WITH AHEAD (W16-9P) OR DOWNWARD ARROW (W16-7P) SIGNS SHALL HAVE FLUORESCENT YELLOW GREEN BACKGROUNDS. 3.ALL CURB MARKINGS ARE SHOWN IN A YELLOW HATCH BETWEEN THE BACK OF THE CURB AND THE FLOWLINE OF THE CURB. ALL CURB MARKINGS SHALL BE EPOXY PAINT. 4.ALL PAVEMENT MARKINGS LESS THAN 8" SHALL BE EPOXY PAINT. 5.ALL PAVEMENT MAKINGS OVER 8" AND ALL SYMBOLS SHALL EITHER BE HOT EXTRUDED INLAID OR PREFORMED THERMOPLASTIC MARKINGS 6.ALL BIKE LANE SYMBOL PAVEMENT MARKINGS SHALL BE PREFORMED THERMOPLASTIC. 7.SEE SHEETS DT 2-3 FOR PAVEMENT MARKING SYMBOL DETAILS. 8.SIGNS NOT SHOWN ARE "USE AS IS" UNLESS OTHERWISE SPECIFIED BY THE ENGINEER 9.UNLESS INSTALLED ON A SIGN POST WITH ANOTHER SIGN, ALL "NO PARKING" SIGNS SHALL BE SET AT A 45° ANGLE 10.SEE SHEET DT-4 FOR OHR 10-23 MOUNTING REQUIREMENT 25 0 HORIZ. SCALE IN FEET 25 50 10/31/2023COTTONWOOD ROADBAXTER LANE SIDEWALK CLOSED BARRICADE CONE OFF BIKE LANE EXIT ATTACHMENT B 166 Exhibit C 167 Date 12/22/2023 Estimate # E23-003 CO5 Name / Address City of Bozeman c/o Morrison Maierle, Inc. 2880 Technology Blvd Bozeman, MT 59718 PO Box 588 Belgrade MT 59714 Project # Cottonwood O2B Project Name 23-003 Cottonwood - Oak to Baxter Phone # (406) 924-4525 Fax # (406) 924-8452 TotalPayment will be due upon receipt of invoice. 1.5% Finance Charge assessed after 30 days. Abby@treasurestateinc.com Email Item Description Qty U/M Rate Total CO 5: Traffic Control Supervision for the week Baxter was open. Traffic control devices were covered in the base bid as discussed with Bob. However, the onsite supervision and flaggers needed to cover completion of work with open traffic was not. 31.2 Sitework MWHC 1 LS 14,175.00 14,175.00 Thanks for the opportunity to work with you! - Abby $14,175.00 168 w/ 5% TSI markup= $14,175169 Exhibit D 170 171 Summary Sheet WCD 6 You are directed to complete the following work: 1. Install two drywells and modify grading near and on property located at 4687 Baxter Lane per attached Drawing No. 1. 2. Repair existing irrigation system impacted by the additional grading work required by the Work Change Directive. Repair existing irrigation system impacted by exploratory excavation and additional sewer service work completed in 2023 that was required to connect second sewer service from house. 3. Provide restoration of landscape features as needed that are impacted by Items 1 and 2 above. Contract price will be determined based on a time and material basis per the requirements of the contract. The cost is not to exceed the attached estimate provided by Treasure State, Inc. Mobilization limited to bringing in equipment that is not needed for other work still be completed on the project. It is anticipated that this will only include one larger excavator needed to set the dry wells. It is recognized that some of the proposed grading work overlaps with finished grading work that is not fully completed at this time. The Contractor shall coordinate with Engineer prior to each work session to come to agreement on what is additional work and what is work under the base contract. Contract time to be extended based on the duration of the work as long as it is done diligently. 172 OOSTA 1+63.00 3.00' RT 1+00 2+00 3+004+005+005+35D DRY WELL-1 STA 1+63.00 RIM ELEV=4716.29 SUMP ELEV=4708.29 DRY WELL-2 STA 4+30.00 RIM ELEV=4712.92 SUMP ELEV=4704.92 D 4717.18 4717.05 4717.07 4716.79 STA 1+11.07 STA 1+11.07 14.22' RT STA 1+63.00 9.01' RT PI 3+10.83PI 4+75.00PI 5+00.00PI 4+08.58PI 4+25.00PC 1+84.69 PT 2+52.39SWALE PROPOSED CENTERLINE 4704 4710 4720 4704 4710 4720 SWALE PROPOSED CENTERLINE 4704 4710 4720 4704 4710 4720 2.84% -6. 2 5 % -0.50% STA=1+00.00 ELEV=4717.75 STA=2+20.00 ELEV=4717.91 STA=1+20.00 ELEV=4716.50 STA=1+63.00ELEV=4716.29FG-4717.75EG-4717.751+00 FG-4716.35EG-4716.89FG-4717.34EG-4717.532+00 FG-EG-4717.722+50 -2.06% 0.65%STA=3+50.00ELEV=4714.57STA=4+30.00ELEV=4712.92STA=5+35.00ELEV=4713.60FG-EG-4716.203+00 FG-4714.57EG-4714.57FG-4713.54EG-4714.574+00 FG-4713.05EG-4714.22FG-4713.37EG-4713.905+00 FG-4713.60EG-4713.605+35 EXISTING BLVD. WIDTH VARIES EXISTING SIDEWALK EXISTING CURB & GUTTER EX. GROUND CL SLOPE V A R I E S MIN. 10. 0 : 1 H : V MAX. 3 : 1 H : V 2.0'* WIDTH VARIES MIN.: 4.5' MAX.: 18.5' WIDTH VARIES MIN.: 0.3' MAX.: 5.8' SLOPE VA R I E S MIN. 6:1 H : V MAX. 4:1 H : V * TYPICAL WIDTH IS 2.0'. THE WIDTH VARIES AROUND EXISTING POWER AND SIGNAL EQUIPMENT EXISTING BLVD. WIDTH VARIES EXISTING SIDEWALK EXISTING CURB & GUTTER EX. GROUND CL SLOPE V A R I E S MIN. 10. 0 : 1 H : V MAX. 3: 1 H : V 2.0'* WIDTH VARIES MIN.: 4.5' MAX.: 18.5' WIDTH VARIES MIN.: 1.75' MAX.: 3' 6:1 H:V * TYPICAL WIDTH IS 2.0'. THE WIDTH VARIES AROUND EXISTING POWER AND SIGNAL EQUIPMENT SLOPE VARIES 0.84% MIN. 4.3% MAX. WIDTH VARIES MIN.: 6.01' MAX.: 14.2'PRELIMINARY60% DESIGN0 SCALE IN FEET 1020 20 40 VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! 2024COPYRIGHT © MORRISON-MAIERLE, SHEET NUMBER PROJECT NUMBER DRAWING NUMBER DATEDESCRIPTIONNO.BY N:\0417\085 - COTTONWOOD ROAD\ACAD\SHEETS\COTTONWOOD ROAD ROUNDABOUT NE QUADRANT GRADING PLAN & PROFILE SHEET.DWGREVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net engineers surveyors planners scientists MorrisonMaierle PLOTTED BY:BRYAN VANDERLOOS ON Apr/24/2024 COTTONWOOD ROAD (OAK TO BAXTER) BOZEMAN MONTANA COTTONWOOD ROAD ROUNDABOUT NORTHEAST CORNER GRADING PLAN & PROFILE 0417.085 1 1 BEV BEV JRN 04/2024 JRN 04/2024 SWALE TYPICAL SECTION STA. 1+00 - 1+11.07 STA. 1+70 - 2+20 STA. 3+50 - 5+35 SCALE: 1" = 10' EX. PROPERTY LINE EX. GROUND PROFILE PROPOSED CENTERLINE PROFILE DRY WELL DETAIL SCALE: NTS D&L A-1178 FRAME WITH D&L C-1178 GRATE OR ENGINEER APPROVED EQUAL CONTRACTOR SHALL USE MIN 2" COMPOSITE TAPER ADJUSTMENT RINGS AND 2" MIN CONCRETE ADJUSTMENT RINGS TO ACHEIVE FINAL GRADE. CONCRETE ADJUSTMENT RINGS TO BE SET IN MASTIC. TOTAL ADJUSTMENT RINGS SHALL NOT EXCEED 12". PRECAST ECCENTRIC CONE (ASTM C478) NON-WOVEN SEPARATION FABRIC 4-5 OZ 3" - 8" CLEAN DRAIN ROCK 3" - 8" WASHED DRAIN ROCK 2' MIN. 4' - 0" 4' - 0" 24" 4' - 0" 2' MIN. NOTES: 1.USE NATIVE MATERIAL COMPACTED TO 95% AASHTO T-99. 2.OVER EXCAVATE WHERE REQUIRED TO ENSURE BOTTOM OF EXCAVATION IS A MIN. 2' INTO GRAVELLY SOIL. 3.NO GRADE RING TO BE OFFSET MORE THAN 2" AND TOTAL OFFSET NOT TO EXCEED WALL THICKNESS OF CONE. 4.GRADE RINGS SHALL BE 2" THICKNESS MAXIMUM. 5.NO WEDGES ALLOWED BETWEEN GRADE RINGS AND FRAME MUST BE SET FLUSH WITH TOP GRADE RING. PROPOSED CENTERLINE PROFILE EX. GROUND PROFILE SWALE & DRIVEWAY TYPICAL SECTION STA. 120+00 - 163+00 SCALE: 1" = 10' NOTES: 1.STATION 1+11.07 TO 1+20 TRANSITION SWALE TYPICAL SECTION TO SWALE & DRIVEWAY TYPICAL SECTION. 2.STATION 1+63 TO 1+70 TRANSITION SWALE & DRIVEWAY TYPICAL SECTION TO SWALE TYPICAL SECTION. 173 Exhibit E 174 Date 4/26/2024 Estimate # E23-003 CO7 Name / Address City of Bozeman c/o Morrison Maierle, Inc. 2880 Technology Blvd Bozeman, MT 59718 PO Box 588 Belgrade MT 59714 Project # Cottonwood O2B Project Name 23-003 Cottonwood - Oak to Baxter Phone # (406) 924-4525 TotalPayment will be due upon receipt of invoice. 1.5% Finance Charge assessed after 30 days. Abby@treasurestateinc.com Email Item Description Qty U/M Rate Total CO #7: 4687 Drainage Work and repair to irrigation during exploratory excavation for septic system: 31.2 Sitework Sitework - Duneman 1 LS 26,213.18 26,213.18 00.103 Bonds &... Bonding 0.025 LS 26,213.18 655.33 ~~~~~ CHANGE ORDER. incorporated as-built T&M ~~~~~ July 2, 2024 > Increased price of 31.2 Sitework from $36,356.25 to $37,317.00. Total change to estimate +$960.44 ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~ CHANGE ORDER. swapped seed mixes and squirt in Summer. ~~~~~ July 12, 2024 > Added -1,112 32.930 Landscaping. (-$1,085.87) > Added 1,112 32.930 Landscaping. (+$1,576.26) > Added 1 32.930 Landscaping. (+$525.00) Total change to estimate +$1,015.39 ~~~~~~~~~~~~~~~~~~~~~~~~~ Page 1 175 Date 4/26/2024 Estimate # E23-003 CO7 Name / Address City of Bozeman c/o Morrison Maierle, Inc. 2880 Technology Blvd Bozeman, MT 59718 PO Box 588 Belgrade MT 59714 Project # Cottonwood O2B Project Name 23-003 Cottonwood - Oak to Baxter Phone # (406) 924-4525 TotalPayment will be due upon receipt of invoice. 1.5% Finance Charge assessed after 30 days. Abby@treasurestateinc.com Email Item Description Qty U/M Rate Total ~~~~~ CHANGE ORDER ~~~~~ August 21, 2024. Removed seed swap and updated Duneman T&M. seed swap handled under seed item and misc. work. > Removed -1,112 32.930 Landscaping. (+$1,085.87) > Removed 1,112 32.930 Landscaping. (-$1,576.26) > Removed 1 32.930 Landscaping. (-$525.00) > Decreased price of 31.2 Sitework from $37,317.00 to $29,788.30. (-$7,528.70) Total change to estimate -$8,544.09 ~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~ CHANGE ORDER ~~~~~ November 15, 2024. modified costs allowed per specs. > Decreased price of 31.2 Sitework from $29,788.30 to $29,161.32. (-$626.98) > Removed 10 90.11 Super1. (-$1,000.00) > Added 0.025 00.103 Bonds & Insurance. (+$729.03) Total change to estimate -$897.95 ~~~~~~~~~~~~~~~~~~~~~~~~~ Page 2 176 Date 4/26/2024 Estimate # E23-003 CO7 Name / Address City of Bozeman c/o Morrison Maierle, Inc. 2880 Technology Blvd Bozeman, MT 59718 PO Box 588 Belgrade MT 59714 Project # Cottonwood O2B Project Name 23-003 Cottonwood - Oak to Baxter Phone # (406) 924-4525 TotalPayment will be due upon receipt of invoice. 1.5% Finance Charge assessed after 30 days. Abby@treasurestateinc.com Email Item Description Qty U/M Rate Total ~~~~~ CHANGE ORDER. adjustments after negotiations completed. ~~~~~ November 27, 2024 > Decreased price of 31.2 Sitework from $29,161.32 to $26,213.18. (-$2,948.14) > Decreased price of 00.103 Bonds & Insurance from $729.03 to $655.33. (-$73.70) Total change to estimate -$3,021.84 ~~~~~~~~~~~~~~~~~~~~~~~~~ Page 3 Thanks for the opportunity to work with you! - Abby $26,868.51 177 Work Change Directive 6 Time & Material Cost Summary 11/27/2024 LABOR 5/16/2024 5/20/2024 5/21/2024 7/10/2024 Total Hours Payroll Pay Rate Payroll taxes Fringe Benefits (as outlined in Article 11 of Standard General Conditions) Labor Rate (Pay Rate + Fringe) payroll tax % Supervisor 6 4 4 6 20 70.45$ 11.81$ 13.65 1,918.15$ 0.0439 Work Comp -$ 0.0145 Medicare A. Sanders Trk Regular 1.5 1.5 31.28$ 5.24$ 9.37 68.84$ 0.0602 SS Tax Trk OT 0 -$ 0.006 FUTA A. Sanders EQ 1 Regular 4 4 28.21$ 4.73$ 13.65 186.35$ 0.043 MT UI EQ 1 OT 0 -$ 0.1676 A. Sanders Lab 3 Regular 1 1 26.07$ 4.37$ 11.77 42.21$ Lab 3 OT 0 -$ P. Stidham Lab 3 Regular 10 8 1 19 26.07$ 4.37$ 11.77 801.98$ Lab 3 OT 1 1 39.11$ - 39.11$ P. Stidham EQ 1 Regular 1 1 28.21$ 4.73$ 13.65 46.59$ EQ 1 OT 0 -$ T. Korang Lab 3 Regular 5 5 26.07$ 4.37$ 11.77 211.05$ Lab 3 OT 0 -$ T. Korang EQ 2 Regular 4 4 30.04$ 5.03$ 13.65 194.90$ EQ 2 OT 1 1 45.06$ - 45.06$ Z. Havener EQ 2 Regular 4 2 6 30.04$ 5.03$ 13.65 292.35$ EQ 2 OT 0 -$ Z. Havener EQ 1 Regular 2 2 28.21$ 4.73$ 13.65 93.18$ EQ 1 OT 0 -$ Z. Havener Lab 3 Regular 6 5 11 26.07$ 4.37$ 11.77 464.30$ Lab 3 OT 1 1 39.11$ - 39.11$ C. Huckert Lab 2 Regular 4 4 25.90$ 4.34$ 11.77 168.04$ Lab 2 OT 0 -$ C. Huckert EQ 2 Regular 7 7 30.04$ 5.03$ 13.65 341.07$ EQ 2 OT 0 -$ C. Duneman EQ 2 Regular 6.5 11 17.5 30.04$ 5.03$ 13.65 852.68$ EQ 2 OT 0 -$ E. Major EQ 1 Regular 6.5 6.5 28.21$ 4.73$ 28.21 397.46$ EQ 1 OT 0 -$ J. Bonamarte EQ 2 Regular 1.5 1.5 30.04$ 5.03$ 13.65 73.09$ EQ 2 OT 0 -$ J. Bonamarte Trk Regular 4 4 31.28$ 5.24$ 9.37 183.57$ Trk OT 0 -$ J. Bonamarte Lab 2 Regular 2.5 2.5 24.14$ 4.05$ 11.77 99.89$ Lab 2 OT 0 -$ 120.5 TOTAL LABOR 6,558.97$ EQUIPMENT 178 5/16/2024 5/20/2024 5/21/2024 7/10/2024 Total Hours Blue Book Hourly Rate Blue Book Equipment Cost Jobsite Truck 8 8 50.60$ 404.80$ Lowbed Tractor 1.5 1.5 60.87$ 91.31$ Lowbed Trailer 1.5 1.5 29.51$ 44.27$ Sidedump Tractor 4 4 60.87$ 243.48$ Sidedump Trailer 4 4 13.87$ 55.48$ Cat 320C Excavator 7 1.5 8.5 93.97$ 798.75$ Cat 420D Backhoe 1 1 2 54.43$ 108.86$ Volvo L70H Loader 1 1 61.78$ 61.78$ Volvo L120H Loader 5 2 2.5 9.5 105.12$ 998.64$ JD 333G Skid Steer 1 6 3 4.5 14.5 82.25$ 1,192.63$ Cat 303.5 Excavator 4 3 7 24.70$ 172.90$ JD Motor Grader 1 1 111.30$ 111.30$ Keith's Pickup 3 3 50.60$ 151.80$ Double-Axle Trailer 3 3 24.86$ 74.58$ TOTAL EQUIPMENT 4,510.56$ Permanent Materials Precast Drywells $5,790.00 Filter Fabric $600.00 Cobble Rock $556.13 TOTAL PM's $6,946.13 STS Irrigation Repair $3,285.00 Summary Subtotal of Duneman direct costs 18,015.66$ % or days Subtotal of Duneman subcontracted costs 3,285.00$ Markup allowed on Duneman direct costs 2,702.35$ 15 Markup allowed on Duneman subcontracted costs 164.25$ 5 Subtotal Duneman to TSI 24,167.26$ Bonding 2.5% of Subtotal 604.18$ 2.5 Insurance @ $29.50 per $1000 payroll 193.49$ 4 Total Duneman to TSI 24,964.93$ Markup allowed on TSI subcontracted costs 1,248.25$ 5 Subtotal 26,213.18$ Bonding 2.5% of Subtotal 655.33$ 2.5 Total 26,868.51$ 179 Exhibit F 180 WATCH FORVEHICLES FINISH CROSSING IF STARTED TO CROSS PUSH BUTTON TYPICAL SIGNAL MOUNTINGS 114" - 7 UNC - 6" A325 114" - 7 UNC - 6" A325 1 12" - 6 UNC - 6" A325 5" x 734" ALUMINUMSIGN, BLACK LETTERSON WHITE BACKGROUND. TYPE 2A & 3A SIGNAL STANDARDS, FOUNDATION DETAILS, AND TYPICAL SIGNAL MOUNTINGS 134 " x 84" x 6" (OVERALL - 90") 134 " x 84" x 6" (OVERALL - 90") 134" x 84" x 6" (OVERALL - 90") *1, *2, AND *3, *1, *2, *3, AND *4 *1, *2, *3, *4, AND 5**1, *2, *3, *4, *5, AND *6 (NOT APPLICABLE TO *8, *9, AND *10) FOR *1, *2, *3, *4, *5, AND *6 FOR *7 NOTE- SUPPLY REMOVABLE METAL CAPS WITH EACH COUPLING EXCEPT FOR *8, *9, AND *10 STANDARD MAST ARM MOUNTING PIPE BRACKETS FOR POLE MOUNTING TRAFFIC AND PEDESTRIAN SIGNALS ELEVATOR PLUMBIZER MAST ARM MOUNTING NOTE- USE PIPE BRACKETS TO MOUNT TRAFFIC AND PEDESTRIAN SIGNALS TO THE POLE SHAFT UNLESS OTHERWISE SHOWN ON THE PLANS. SIGNAL ARM SLIP JOINT SPAN 55' 60' 12.60' LENGTH BASE SECTION END SECTION LENGTH 45.00' 50.00'12.60' TABLE 1 TYPE (1) LOWER SHAFT TYPE (2) LOWER SHAFT TYPE (2) LOWER SHAFT TYPE (3) LOWER SHAFT A 15', 20', 25', 30' 35', 40', 45' 50' 55', 60' 18" SQ. 19" SQ. 19" SQ. 20" SQ. B 19" 19" 20" C D POLE SHAFT ANCHOR BOLTS E 17" SQ. 19" SQ. 19" SQ. 19" SQ. F 19" 20" 20" 20" SIGNAL ARM G H 2" J 2" FOUNDATION K 8 8 12 13 L 8' 0" 8' 0" 12' 0" 13' 0" M 7' 6" 7' 6" 11' 6" 12' 6" N 2' 6" 2' 6" 3' 0" 3' 0" TABLE 2 DESIGN AREA DESIGN WEIGHT DRAG COEF.(Cd) 12.0 SQ.FT. 135 LB. 1.2 NIL NIL NIL 8.0 SQ.FT. 100 LB. 1.2 9.0 SQ.FT. 105 LB. 1.2 9.0 SQ.FT. 105 LB. 1.2 9.0 SQ.FT. 105 LB. 1.2 3.3 SQ.FT. 75 LB. 0.5 9.0 SQ.FT. 210 LB. 1.2 MOUNTING POINTS 3.0 SQ.FT. 80 LB. 1.2 4.72 SQ.FT. 200 LB. 1.2 NOTES DESIGN STANDARDS IN ACCORDANCE WITH THE 1994 AASHTO STANDARD SPECIFICATIONS FOR STRUCTURAL SUPPORTS FOR HIGHWAY SIGNS, LUMINAIRES AND TRAFFIC SIGNALS (AND ANY AMENDMENTS THERETO). USE A DESIGN WIND VELOCITY OF 90 MPH. DESIGN AREA = AREA WITH MAXIMUM WIND LOAD (WIND IS PERPENDICULAR TO STANDARD, AS SHOWN). DESIGN WEIGHT = DEAD LOAD. DESIGN ALL TYPE (1) LOWER SHAFTS FOR A = 30' AND A MOUNTING HEIGHT OF 45'. DESIGN ALL TYPE (2) LOWER SHAFTS FOR A = 50' AND A MOUNTING HEIGHT OF 45'. DESIGN ALL TYPE (3) LOWER SHAFTS FOR A = 60' AND A MOUNTING HEIGHT OF 45'. PROVIDE ANCHOR BOLTS CONFORMING TO ASTM F1554 OR EQUAL. GALVANIZE AND THREAD THE TOP END (12" MIN.). CALL OUT WELDING PROCEDURES, SYMBOLS, BASE METAL SPECIFICATIONS AND GRADES PRIOR TO FABRICATION OR APPROVAL. GALVANIZE POLE SHAFTS, ARMS, AND ACCESSORIES PER ASTM A123. GALVANIZE HARDWARE PER ASTM A153. 1"- 8 UNC - 5" A325 2" x 84" x 6" (OVERALL - 90") 112" TABLE 3 MTG.PTS. 15'20' & 25' A 30', 35', 40' & 45'50', 55' & 60' LUMINAIRE ARM CONNECTION SIGNAL ARM CONNECTION SHAFT TO SHAFT MOUNTING PLATES DETAIL BASE DETAIL TYPICAL ORIENTATION FOR PIPE BRACKET MOUNTED SIGNALS ARROW TO BE LEFT OR RIGHT, OR BOTH AS REQUIRED. BACK OF CASTING SHAPED TO FIT CURVATURE OF POLE. START CROSSING DON'T START FLASHINGSTEADY DON'T CROSS 2A & 3A STANDARDS TYPE 2A TYPE 3A NO SCALE TYPICAL FOUNDATION USE GRADE 60 REINFORCING STEELPEDESTRIAN PUSH BUTTON SIGN NOTE- LUMINAIRE ARM AND SIGNAL ARM ARE IN THE SAME VERTICAL PLANE, ON THE SAME SIDE OF THE POLE. COUPLING DETAIL NOTE- COVER PLATE DETAIL IS REQUIRED. NOTE- A HANDHOLE DETAIL AND A NUT HOLDER DETAIL ARE REQUIRED. *1 SIGNAL *2 EMERG. VEHICLE DETECTOR *3 SIGN PANEL *4 SIGNAL *5 SIGNAL *6 SIGNAL *7 LUMINAIRE *8 SIGNALS *9 PED. SIGNAL *10 CONTROLLER CAB L 3"6" 6" ANCHOR BOLT PROTRUSION 5" TO 712"3' 4"3"2' 0" 35' 40', & 45' MOUNTING HEIGHT 19' 0" MIN. 10' 0" 7' 0" 4' 0" 2' 6" B 18" D 34" PLATE 912" 7" 114" 7" 10" 214" 1" 2' 6" ± 1' 6" 13" SQ. 34" PLATE 1'- 4" LAP 45° (TYP.) 45° (TYP.) 45° (TYP.) 1412" 34" PLATE 1" PLATE F E H J 6"3' 0" 2' 6" 12' 6" A 12' 12' N 2' 0" MIN. FIELD ASSEMBLED TO ACHIEVE A SNUG TIGHT JOINT (MIN. OVERLAP NOT LESS THAN 2.5 FT). C 212" CLEARANCE 2"612"612"212" 15' 15" 5° 112" 134" 134" 134" 134" 112" 112" 112" 134" 1712" VERIFY SCALE! THESE PRINTS MAY BE REDUCED. LINE BELOW MEASURES ONE INCH ON ORIGINAL DRAWING. MODIFY SCALE ACCORDINGLY! 2022COPYRIGHT © MORRISON-MAIERLE, INC., SHEET NUMBER PROJECT NUMBER DRAWING NUMBER DATEDESCRIPTIONNO.BY N:\PROJECTS\0417\085 - COTTONWOOD ROAD\ACAD\SHEETS\ELECTRICAL SHEETS\ELECTRICAL DETAIL SHEETS.DWG PLOTTED BY:BEN SLAKEY ON Apr/20/2022 REVISIONS DRAWN BY: DSGN. BY: APPR. BY: DATE: Q.C. REVIEW DATE: BY: 2880 Technology Blvd West Bozeman, MT 59718 406.587.0721 www.m-m.net engineers surveyors planners scientists MorrisonMaierle COTTONWOOD ROAD (OAK TO BAXTER) BOZEMAN MONTANA ELECTRICAL DETAILS 0417.085 90 EL-10 BRS BLF JRN 04/2022 RJH 04/2022 K OF #4 REBAR HOOPS SPACED EQUALLY AT ABOUT 1' 0" CENTERS 8 OF #6 REBAR M LONG (TYP.) EQUALLY SPACED CLASS GENERAL CONCRETE FOUNDATION PEDESTRIAN PUSH BUTTON WHEN SPECIFIED 2" BEVEL COPPER GROUNDING STRAP BETWEEN ANCHOR BOLT, CONDUIT (IF METAL) AND BARE AWG NO.6 GROUND WIRE FACE OF CURB 3" THREADED SCHEDULE 40 A53 PIPE, PROJECTING FROM SHAFT 2", WITH REMOVABLE CAP. BREAK SHARP EDGES FOR WIRE PROTECTION. *10 IS ELEVATION AT BOTTOM OF CONTROLLER CABINET (BAND MOUNTED) *9 IS ELEVATION AT BOTTOM OF PED. SIGNAL HEADS (FIELD MOUNTED) *8 IS ELEVATION AT BOTTOM OF TRAF. SIGNAL HEADS (FIELD MOUNTED) LOWER SHAFT MIN. 7 GUAGE *6 SIGNAL ARM MIN. 7 GUAGE *5 *4 *3 *2 *1 REMOVABLE CAP A36 PLATE SLOT = ANCHOR BOLT + 14" (TYP.) 12" NUT HOLDER FOR GROUNDING 4" x 612" HANDHOLE AND COVER LOWER SHAFT PROVIDE A REMOVABLE COVER PLATE WITH EACH POLE SHAFT. A36 PLATE A36 PLATE A36 PLATE 14" PLATE TOP,BOTTOM, AND SIDES LOWER SHAFT 2" SCHEDULE 40 A53 PIPE (BREAK SHARP EDGES FOR WIRE PROTECTION) 4" x 612"HANDHOLE AND COVER UPPER SHAFT G (TYP.) 58"- 11 UNC - 212" A325 (TYP.) *7 LUMINAIRE ARM MIN. 11 GAUGE UPPER SHAFT MIN. 11 GUAGE BASE SECTION WITH FIELD DRILLED HOLE FOR 58" BOLT END SECTION WITH 34" HOLE FOR 58" BOLT 58" THRU BOLT 14" PLATE TOP,BOTTOM AND SIDES WELD HOOK TO POLE SHAFT FOR SUPPORT OF WIRE CLAMP 2" SCHEDULE 40 A53 PIPE (BREAK SHARP EDGES FOR WIRE PROTECTION) REMOVABLE CAP 34"- 10 UNC - 3" A325 (TYP.) 112" SCHEDULE 40 A53 PIPE(BREAK SHARP EDGES FOR WIRE PROTECTION) *3 SIGNAL MAST ARM *2 34" THREADED SCHEDULE 40 A53 PIPE (BREAK SHARP EDGES FOR WIRE PROTECTION) 2" SCHEDULE 40 A53 PIPE (BREAK SHARP EDGES FOR WIRE PROTECTION) FILLER MATERIAL LUMINAIRE MAST ARM TERMINAL COMPARTMENT POLE SHAFT SIGNAL CURB UPPER SHAFT LOWER SHAFT *1, *4, *5, *6 *7 04/20/2022 25' 181 Exhibit G 182 Date 5/13/2024 Estimate # E23-003 CO8 Name / Address City of Bozeman c/o Morrison Maierle, Inc. 2880 Technology Blvd Bozeman, MT 59718 PO Box 588 Belgrade MT 59714 Project # Cottonwood O2B Project Name 23-003 Cottonwood - Oak to Baxter Phone # (406) 924-4525 Fax # (406) 924-8452 TotalPayment will be due upon receipt of invoice. 1.5% Finance Charge assessed after 30 days. Abby@treasurestateinc.com Email Item Description Qty U/M Rate Total Install 2 ea shorter luminaire extensions and shields. Includes dimming both and installing a shield on one. Spare shield to be given to the City. The material price is for new luminaire extensions. This price does not include luminaire fixtures. The 2 EA remaining luminaire fixtures to be paid under the existing bid item 160 High Efficacy Luminaire LED. Confirmed, the original luminaire extensions were delivered to the city shop last fall at the end of October Luminaire Work: 31.2 Sitework MTL @ $10,050 LS. Mob @ $2,780, Equip @ $960, Labor @ $1,280, Materials @ $5,030. 1 LS 10,552.50 10,552.50 Traffic Control: Work anticipated to be completed in 1 day with 4 lane closures. Actual days to be billed. Option #1: Traffic Control by MWHC per units. 31.2 Sitework TC Device units - 24 ea portable signs @ 39 units/ea 936 EA 1.4175 1,326.78 31.2 Sitework TC Device units - 15 ea drums @ 15 units/ea 300 EA 1.4175 425.25 31.2 Sitework TC Device units - 60 ea candles @ 8 units/ea 480 EA 1.4175 680.40 31.2 Sitework TC Device units - 4 ea LED flashers @ 13 units/hr per 10 hr day 520 EA 1.4175 737.10 31.2 Sitework TC Device units - 1 ea arrow board @ 13 units/hr per 10 hr day 130 EA 1.41754 184.28 31.2 Sitework MWHC flaggers. 4 ea flaggers @ 76 units/ea per 10 hr day. Actual number of flaggers for 10 hr min per day will be charged. 3,040 EA 1.4175 4,309.20 90.11 Super1 Supervisor - TSI half day (5 hr) increments 5 HR 100.00 500.00 Option #2: Traffic Control by TSI Page 1 183 Date 5/13/2024 Estimate # E23-003 CO8 Name / Address City of Bozeman c/o Morrison Maierle, Inc. 2880 Technology Blvd Bozeman, MT 59718 PO Box 588 Belgrade MT 59714 Project # Cottonwood O2B Project Name 23-003 Cottonwood - Oak to Baxter Phone # (406) 924-4525 Fax # (406) 924-8452 TotalPayment will be due upon receipt of invoice. 1.5% Finance Charge assessed after 30 days. Abby@treasurestateinc.com Email Item Description Qty U/M Rate Total 31.2 Sitework TC Device Rental per day 1 EA 575.00 575.00 90.02 Labor2 Labor - TC Device mobilization, setup, tear down. 8 HR 75.00 600.00 50.360 Pickup 1T Pickup 1T w/ trailer - TC Device mobilization 2 HR 100.00 200.00 90.02 Labor2 Labor - Flagging by TSI. Includes 4 ea flaggers for 5 hr min per day. Actual number of flaggers for 5 hr min per day will be charged. 40 HR 75.00 3,000.00 90.11 Super1 Supervisor - TSI half day (5 hr) increments 5 HR 100.00 500.00 Page 2 Thanks for the opportunity to work with you! - Abby $23,590.51 184 Exhibit H 185 Date 9/11/2024 Estimate # E23-003 CO9 Name / Address City of Bozeman c/o Morrison Maierle, Inc. 2880 Technology Blvd Bozeman, MT 59718 PO Box 588 Belgrade MT 59714 Project # Cottonwood O2B Project Name 23-003 Cottonwood - Oak to Baxter Phone # (406) 924-4525 TotalPayment will be due upon receipt of invoice. 1.5% Finance Charge assessed after 30 days. Abby@treasurestateinc.com Email Item Description Qty U/M Rate Total CO #9: Change seed mix within ROW surrounding 4687 Baxter Lane and the disturbed area within Baxter HOA to residential 32.930 Landsca... Soil Conditioning - skid steer w/ attachment 8 HR 152.25 1,218.00 32.930 Landsca... Deduct original cost w/ 5% markup -576 SY 0.97649 -562.46 32.930 Landsca... Add new cost w/ 5% markup 576 SY 1.4175 816.48 Thanks for the opportunity to work with you! - Abby $1,472.02 186 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Interim City Manager SUBJECT:Allocate Remaining $140,000 from Community Support Fund in FY2025 Budget MEETING DATE:January 7, 2025 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to allocate $100,000 to Family Promise and $40,000 to Haven from the remaining funds in the Community Support line item in the Fiscal Year 2025 City of Bozeman approved budget. STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education, public awareness, and to coordinate programs concerning emergency services, criminal justice, and important social services. BACKGROUND:The Fiscal Year 2025 city budget contains $500,000 to support non-profit organizations that partner with the city to provide services to our community. This money is allocated by the City Commission through a yearly application process. That process occurred earlier this year and the Commission allocated $360,000 to HRDC. This action item tonight allocates the remaining $140,000 to Family Promise ($100,000) and Haven ($40,000) to support their work to provide shelter and services in accordance with their missions as stated in their applications. UNRESOLVED ISSUES:None ALTERNATIVES:As Identified by the Commission FISCAL EFFECTS:The funds are included in the in the Fiscal Year 2025 Approved City Budget Report compiled on: December 26, 2024 187 Memorandum REPORT TO:City Commission FROM:Chuck Winn, Interim City Manager SUBJECT:Reallocation of Previously Budgeted Mobile Crisis Funds to Transitional Housing Program MEETING DATE:January 7, 2025 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to reallocate $150,000 from FY24 and $150,000 from FY25 mobile crisis response support to the city's transitional housing programs. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The city's FY24 and FY25 approved budgets each have $150,000 allocated to support the Gallatin County Mobile Crisis Response program. This money was intended to bridge a funding gap caused by uncertainty in state reimbursements for the program. The FY24 contribution was sent to Gallatin County but not needed after the state support was received. The FY25 contribution will not be needed to operate the Mobile Crisis Response. The county has indicated it will return the FY24 Mobile Crisis money if the city does not authorize that money to go to another related county-run program. Bozeman's FY25 budget was amended to add $250,000 from the general fund to support transitional housing initiatives. Additionally, the city commission authorized allocations ($212,687) from a new Community Development Block Grant program to go toward the city's transitional housing effort. The total for those two funding sources is $462,687. Should the commission allocate the Mobile Crisis money toward transitional housing, the total contribution for the program would be $762,687. The city intends to draft a request for proposals (RFP) to solicit community partners to submit ideas on how best to use the city's transitional housing money to develop a sustainable transitional housing program. We expect to have that ready this spring. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the City Commission 188 FISCAL EFFECTS:All monies have been allocated previously in approved city budgets. Report compiled on: December 26, 2024 189 Name:Contractor #:Affirmation Form:Bid Bond:Addendum 1 Addendum 2 Addendum 3 Base Bid Total:Alternate 2 Alternate 3 Alternate 4 Alternate 5 Alternate 6 Total Ingram-Clevenger PO Box 5387 Helena 59604 2009 no x x x x 1,240,000.00$ 95,000.00$ 61,000.00$ 62,000.00$ 33,000.00$ 40,000.00$ 1,531,000.00$ R&R Taylor 1775 Love Ln Belgrade 59714 no x x x x 1,898,800.00$ 57,739.00$ 58,409.00$ 72,727.00$ 38,176.00$ 50,165.00$ 2,176,016.00$ CS Structures PO Box 104 Gallatin Gateway 59730 no x x x x 1,304,444.00$ 55,444.00$ 54,444.00$ -$ 36,444.00$ 47,444.00$ 1,498,220.00$ Jackson Contractor Group PO Box 6581 Bozeman 59771 no x x x x 1,287,700.00$ 68,600.00$ 55,200.00$ 60,700.00$ 36,100.00$ 47,400.00$ 1,555,700.00$ Blanton Contracting 34 Remmy Way Belgrade 59714 no x x x x 1,404,368.00$ 70,650.00$ 75,830.00$ 87,285.00$ 32,475.00$ 40,595.00$ 1,711,203.00$ Mike Maas Jon Henderson City Clerk Assistant City Manager Bid - City Hall Interior Remodel These bids were opened and read before the undersigned at 3:00 pm on Thursday, November 21, 2024. Docusign Envelope ID: A06CD87A-6C43-4756-96FE-061F57CBE8D9 9190