HomeMy WebLinkAbout24 - Professional Services Agreements - Allied Engineering Services, Inc - Bozeman Creek Flood Conveyance PER Docusign Envelope ID:3305D756-9B66-4ECD-A2D5-E982D10CDEF3
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 25th day of June 2024
("Effective Date"), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, 121
North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as "City," and Allied Engineering Services, Inc. with a mailing
address of 32 Discovery Drive, Bozeman, MT 59718, hereinafter referred to as "Consultant."The
City and Consultant may be referred to individually as "Party" and collectively as "Parties."
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Consultant to perform for City services
described in the Scope of Services attached hereto as "Exhibit A" and by this reference made a
part hereof for the Project: Bozeman Creek Flood Conveyance PER. Scope of Services also include
elements of the City's Contract with Montana Department Commerce Montana Coal Endowment
Program Contract #MT-MCEP-PL-25-015 attached hereto as "Exhibit B" that are applicable to
Consultant.
2. Term/Effective Date: This Agreement is effective upon the date of its execution and will
terminate upon satisfactory completion of the agreed Scope of Services, which may be amended
from time to time by the mutual agreement of the Parties pursuant to terms of this agreement,
as determined by the City.
3. Scope of Services: Consultant will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
Consultant may, at its own risk, use or rely upon design elements and information ordinarily or
customarily furnished by others, including, but not limited to, specialty contractors, Sub-
consultants, manufacturers, suppliers, and publishers of technical standards.
4. Payment for Scope of Services: City agrees to pay Consultant for the completion of the
Scope of Services a lump sum amount of $48,000, being equal to the Consultant's Direct Labor
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Costs times a factor of approximately 3.2,which shall cover Direct Labor,the payroll Direct Labor
Overhead, General & Administrative Overhead, and Profit.
5. Reimbursable Expenses: As defined in section 8 of this Agreement,for completion of the
Scope of Services and approved Additional Services, reimbursable expenses shall be paid to the
Consultant by the City in the actual amount of the costs incurred up to an amount not to exceed
$0, which includes $0 for Sub-consultants hired by the Consultant and $0 for all other
reimbursable expenses. The estimated reimbursable expenses are provided herewith as "NA".
The administrative markup factor being applied by the Consultant for any of its Sub-consultants
shall be indicated on Attachment 2 and be no higher than 1.05.
6. Additional Services: If the City requests Consultant to perform any Additional Services
not otherwise provided for in this Agreement, City shall so instruct the Consultant in writing, and
the Consultant shall perform, or direct its Sub-consultants to perform, such services necessary to
complete the Additional Services requested. The City and Consultant shall mutually agree upon
a basis of payment for the Additional Services requested prior to the Consultant proceeding with
such Additional Services.
7. Times of Payments: The Consultant may submit monthly statements for the Scope of
Services and approved Additional Services rendered and for Reimbursable Expenses incurred.
The statements shall be based upon Consultant's estimate of the proportion of the total Scope
of Services actually completed for each task at the time of billing.
8. Meaning of Terms:
a. Additional Services: Additional Services means services resulting from significant
changes in the general scope, extent or character of the Project or major changes in
documentation previously accepted by the City where changes are due to causes beyond the
Consultant's control. Additional Services can also mean providing other services not otherwise
provided for in the Agreement that are substantially similar to and generally consistent with the
nature of services contained in the Scope of Services.
b. Agreement: As used herein the term "this Agreement" refers to the contents of
this document and its Attachments and Exhibits attached hereto and referred to as if they were
part of one and the same document.
C. Direct Labor Costs: Direct Labor Costs used as a basis for payment mean the
actual salaries and wages paid to all of the Consultant's personnel engaged directly on the Scope
of Services but does not included indirect payroll related costs or fringe benefits.
d. Reimbursable Expenses: Reimbursable expenses mean the actual expenses
incurred by the Consultant or its Sub-consultants directly in connection with the Project, such as
expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized
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technology or software subscription charges; reproduction of reports, technical memoranda,
drawings, renderings and similar Project-related items.
e. Sub-consultants: Sub-consultants means any independent professional
associates working on the Project that are not directly employed by the Consultant and have
rather been hired by the Consultant to serve a particular role or offer a particular service for the
Project.
9. Consultant's Representations: To induce City to enter into this Agreement, Consultant
makes the following representations:
a. Consultant has familiarized itself with the nature and extent of this Agreement,
the Scope of Services, and with all local conditions and federal, state and local laws, ordinances,
rules, and regulations that in any manner may affect cost, progress or performance of the Scope
of Services.
b. Consultant represents and warrants to City that it has the experience and ability
to perform the services required by this Agreement; that it will perform the services in a
professional, competent and timely manner and with 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.
10. Independent Contractor Status/Labor Relations: The parties agree that Consultant is an
independent Contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Consultant is not subject to the terms and provisions of the City's
personnel policies handbook and may not be considered a City employee for workers'
compensation or any other purpose. Consultant is not authorized to represent the City or
otherwise bind the City in any dealings between Consultant and any third parties.
Consultant shall comply with the applicable requirements of the Workers' Compensation
Act, Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana,Title 39, Chapter 71, MCA. Consultant shall maintain workers' compensation coverage
for all members and employees of Consultant's business, except for those members who are
exempted by law.
11. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered,
to the fullest extent permitted by law, Consultant agrees to release, defend, indemnify, and hold
harmless the City, its agents, representatives, employees, and officers (collectively referred to
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for purposes of this Section as the City) from and against any and all claims, demands, actions,
fees and costs (including attorney's fees and the costs and fees of expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and without
limit and without regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the City occasioned by, growing or
arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional
misconduct of the Consultant; or (ii) any negligent, reckless, or intentional misconduct of any of
the Consultant's agents.
For the professional services rendered, to the fullest extent permitted by law, Consultant
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses,
and expenses, including reasonable defense attorney fees,to the extent caused by the negligence
or intentional misconduct of the Consultant or Consultant's agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this
Section must not be construed to negate, abridge, or reduce any common-law or statutory rights
of the City as indemnitee which would otherwise exist as to such indemnitee(s).
Consultant's indemnity under this Section shall be without regard to and without any right
to contribution from any insurance maintained by City.
Should the City be required to bring an action against the Consultant to assert its right to
defense or indemnification under this Agreement or under the Consultant's applicable insurance
policies required below the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Consultant was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City's performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Consultant also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except "responsibility for
[City's] own fraud, for willful injury to the person or property of another, or for violation of law,
whether willful or negligent" as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
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In addition to and independent from the above, Consultant shall at Consultant's expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Consultant in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Consultant in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the City.
Consultant shall furnish to the City an accompanying certificate of insurance and accompanying
endorsements in amounts not less than as follows:
• Workers' Compensation—statutory;
• Employers' Liability- $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability- $1,000,000 property damage/bodily injury per accident; and
• Professional Liability- $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman shall be
endorsed as an additional or named insured on a primary non- contributory basis on both the
Commercial General and Automobile Liability policies.The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of
cancellation or non-renewal. The City must approve all insurance coverage and endorsements
prior to the Consultant commencing work. Consultant shall notify City within two (2) business
days of Consultant's receipt of notice that any required insurance coverage will be terminated or
Consultant's decision to terminate any required insurance coverage for any reason.
12. Termination for Consultant's Fault:
a. If Consultant refuses or fails to timely do the work, or any part thereof, or fails to
perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice,terminate this Agreement and the
Consultant's right to proceed with all or any part of the work ("Termination Notice Due to
Consultant's Fault"). The City may then take over the work and complete it, either with its own
resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 12, Consultant shall be
entitled to payment only for those services Consultant actually rendered.
C. Any termination provided for by this Section 12 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
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d. In the event of termination under this Section 12, Consultant shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
13. Termination for City's Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City, make
it advisable to the City to cease performance under this Agreement, the City may terminate this
Agreement by written notice to Consultant ("Notice of Termination for City's Convenience").The
termination shall be effective in the manner specified in the Notice of Termination for City's
Convenience and shall be without prejudice to any claims that the City may otherwise have
against Consultant.
b. Upon receipt of the Notice of Termination for City's Convenience, unless
otherwise directed in the Notice,the Consultant shall immediately cease performance under this
Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Consultant shall do only such work as may
be necessary to preserve, protect, and maintain work already completed or immediately in
progress.
C. In the event of a termination pursuant to this Section 13, Consultant is entitled to
payment only for those services Consultant actually rendered on or before the receipt of the
Notice of Termination for City's Convenience.
d. The compensation described in Section 13(c) is the sole compensation due to
Consultant for its performance of this Agreement. Consultant shall, under no circumstances, be
entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity,field office overhead,general conditions costs, or lost profits damages of any nature
arising, or claimed to have arisen, as a result of the termination.
14. Limitation on Consultant's Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Consultant under this Agreement,
Consultant's damages shall be limited to contract damages and Consultant hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of any
nature or kind.
b. In the event Consultant wants to assert a claim for damages of any kind or nature,
Consultant shall provide City with written notice of its claim, the facts and circumstances
surrounding and giving rise to the claim, and the total amount of damages sought by the claim,
within thirty (30) days of the Consultant becoming aware of the facts and circumstances giving
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rise to the claim. In the event Consultant fails to provide such notice, Consultant shall waive all
rights to assert such claim.
15. Representatives and Notices:
a. City's Representative:The City's Representative for the purpose of this Agreement
shall be Shawn Kohtz, Utilities Director or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is required by
this Agreement, such communication or submission shall be directed to the City's Representative
and approvals or authorizations shall be issued only by such Representative; provided, however,
that in exigent circumstances when City's Representative is not available, Consultant may direct
its communication or submission to other designated City personnel or agents as designated by
the City in writing and may receive approvals or authorization from such persons.
b. Consultant's Representative: The Consultant's Representative for the purpose of
this Agreement shall be Doug Chandler, PhD, PE, Founder or such other individual as Consultant
shall designate in writing. Whenever direction to or communication with Consultant is required
by this Agreement, such direction or communication shall be directed to Consultant's
Representative; provided, however, that in exigent circumstances when Consultant's
Representative is not available, City may direct its direction or communication to other
designated Consultant personnel or agents.
C. Notices: All notices required by this Agreement shall be in writing and shall
be provided to the Representatives named in this Section. Notices shall be deemed given when
delivered, if delivered by courier to Party's address shown above during normal business hours
of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to
the email address or fax number provided by the Party's Representative; or on the fifth business
day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid.
16. Permits: Consultant shall provide all notices, comply with all applicable laws, ordinances,
rules,and regulations,obtain all necessary permits, licenses, including a City of Bozeman business
license, and inspections from applicable governmental authorities, and pay all fees and charges
in connection therewith.
17. Laws and Regulations: Consultant shall comply fully with all applicable state and federal
laws, regulations, and municipal ordinances including, but not limited to, all workers'
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
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18. Nondiscrimination and Equal Pay: The Consultant agrees that all hiring by
Consultant of persons performing this Agreement shall be on the basis of merit and qualifications.
The Consultant will have a policy to provide equal employment opportunity in accordance with
all applicable state and federal anti-discrimination laws, regulations, and contracts. The
Consultant will not refuse employment to a person, bar a person from employment, or
discriminate against a person in compensation or in a term,condition,or privilege of employment
because of race, color, religion, creed, political ideas, sex, age, marital status, national origin,
actual or perceived sexual orientation,gender identity, physical or mental disability,except when
the reasonable demands of the position require an age, physical or mental disability, marital
status or sex distinction. The Consultant shall be subject to and comply with Title VI of the Civil
Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated
thereunder.
Consultant represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Consultant must report to the City any violations of the Montana Equal Pay Act that
Consultant has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Consultant shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
19. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Consultant shall not
permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by
any employee or agent engaged in services to the City under this Agreement while on City
property or in the performance of any activities under this Agreement. Consultant acknowledges
it is aware of and shall comply with its responsibilities and obligations under the U.S. Department
of Transportation (DOT) regulations governing anti-drug and alcohol misuse prevention plans and
related testing. City shall have the right to request proof of such compliance and Consultant shall
be obligated to furnish such proof.
The Consultant shall be responsible for instructing and training the Consultant's
employees and agents in proper and specified work methods and procedures. The Consultant
shall provide continuous inspection and supervision of the work performed. The Consultant is
responsible for instructing its employees and agents in safe work practices.
20. Modification and Assignability: This Agreement may not be enlarged, modified,
amended or altered except by written agreement signed by both parties hereto. The Consultant
may not subcontract or assign Consultant's rights, including the right to compensation or duties
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arising hereunder, without the prior written consent of the City. Any Sub-consultant or assignee
will be bound by all of the terms and conditions of this Agreement.
21. Reports/Accountability/Public Information: Consultant agrees to develop and/or
provide documentation as requested by the City demonstrating Consultant's compliance with
the requirements of this Agreement. Consultant shall allow the City, its auditors, and other
persons authorized by the City to inspect and copy its books and records for the purpose of
verifying that the reimbursement of monies distributed to Consultant pursuant to this Agreement
was used in compliance with this Agreement and all applicable provisions of federal, state, and
local law. The Consultant shall not issue any statements, releases or information for public
dissemination without prior approval of the City.
22. Non-Waiver: A waiver by either party of any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party's right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
23. Attorneys Fees and Costs: In the event it becomes necessary for either Party to retain an
attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein,then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney's Office staff.
24. Taxes: Consultant is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
25. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents, employees,
or representatives shall be resolved first by negotiation between senior-level personnel from
each party duly authorized to execute settlement agreements. Upon mutual agreement of the
parties,the parties may invite an independent, disinterested mediator to assist in the negotiated
settlement discussions.
b. If the Parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised,then such dispute may only be resolved in a court of competent
jurisdiction in compliance with the Applicable Law provisions of this Agreement.
26. Survival: Consultant's indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
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27. Headings: The headings used in this Agreement are for convenience only and are not be
construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs
to which they refer.
28. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
29. Applicable Law: The parties agree that this Agreement is governed in all respects by the
laws of the State of Montana.
30. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
31. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties,
does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced
by a third party.
32. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
33. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part
thereof by reference, are not binding upon the parties. There are no understandings between
the parties other than as set forth in this Agreement. All communications, either verbal or
written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless
specifically made a part of this Agreement by reference.
34. Standard of Care: In providing services under this Agreement, Consultant will perform in
a manner consistent with the degree of care and skill ordinarily exercised by members of the
same profession currently practicing under similar circumstances. If any service should be found
to be not in conformance with this standard, the Consultant shall, at the City's request, re-
perform the service at its own expense. Consultant shall also, at its own expense, make such
changes, modifications or additions to the project which are made necessary as a result of the
initial non-performance or the re-performance of services. The City's rights herein are in addition
to any other remedies the City may have under the law
35. Ownership and Reuse of Documents: Upon payment in full by City to Consultant for all
monies due Consultant under this Agreement, Consultant's work products produced under this
Agreement shall become the sole property of the City. The City's use, reuse, alteration, or
modification of the work products will be at City's sole risk and without liability or legal exposure
to Consultant or to its officers, directors, members, partners, agents, employees, and
consultants.
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36. Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30,
Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA CONSULTANT
BY: rDocuSigned by: DocuSigned by:
wig BY: F06!4
uc�C in interim City Manager f9§BCC -hdler, PhD, PE, Founder
DATE: 7/15/2024 DATE: 7/15/2024
ATTEST: DocuSigned by:
8oZ£
U
DocuSigned by:
Nl ham
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BY:
Mike Maas, City Clerk
APPROVED AS TO FORM:
BY: rDocuSigned by:
SVWVAJA,
876992AC ACA44B...
Greg Su livan, City Attorney
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Civil • Geotechnical • Water Resources • Land Surveying • Construction Services
ALLIED Corporate Office
ENGINEERING °
SERVICES,INC. o\� 32 Discovery Dr.
Bozeman, MT 59718
"OkerseProle��s Ph: (406) 582-0221
Shawn Kohtz, PE
Utilities Director
20 East Olive
Bozeman, MT 59715 June 12, 2024
RE: Exhibit A-Scope of Work for Bozeman Creek Flood Conveyance PER
The project is to develop a preliminary engineering report (PER) to evaluate options to mitigate
the existing flood hazard to Bozeman, Montana by Bozeman Creek concentrated in downtown Bozeman
near the Main Street area, a major thoroughfare in the city as well as a critical artery to the local hospital.
Major flooding has occurred multiple times in this area over the last 50 years including extensive flooding
in May 2011.
The Bozeman Creek reach of interest is approximately 3.8 miles long through downtown starting
upstream at Kagy Boulevard and continuing to the East Gallatin River. The reach includes about 22 bridges
or structures including three "tunnels"totaling about 700 feet of stream length in the downtown district.
The longest tunnel was built in 1890 and traverses under Main Street and two historic buildings.The reach
is covered by four FEMA FIRM (Flood Insurance Rate Map) Panels with an effective date of 4-21-21. The
floodplain model indicates that the tunnels are undersized by about half and force the flood to flow
through town on various streets and routes that are deemed administrative floodways in the model.The
City of Bozeman retained Allied Engineering Services, Inc. (AESI) in the past to perform detailed 2D
modelling of numerous critical areas.The detailed modelling confirmed the flood hazard represented by
the undersized tunnels was one of the main drivers of flooding in the downtown district.The historic flood
tunnels have irregular cross sections as well as limited open area. In addition, the tunnels are subject to
plugging by flood debris(e.g.,trees, branches,trash)which can exacerbate flooding beyond what is shown
on the regulated FEMA flood maps.
The City of Bozeman and cooperating non-profit organizations are partnering together for this work to
develop sustainable solutions as part of the PER. There is considerable interest in opening the tunnel
sections of Bozeman Creek back up to a natural looking and functioning creek channel able to convey the
flood water but also providing other benefits including environmental services and recreation. Regardless
of the exact limits of the study,the scope of work would include:
1) Preliminary conference call with the Department of Commerce prior to beginning the Project to
confirm Project components and design as required by Department of Commerce.
2) Obtaining and reviewing the existing effective hydraulic model(s) and notes for the effective
FEMA floodplain model (2021) for the prescribed reach and converting this model to a 2D model
for purposes of analyzing alternatives.
3) Gathering plans and available information for existing surface, underground and overhead
utilities, bridges, culverts, and other pertinent infrastructure through this reach. This would
www.alliedengineering.com
DUNS:00-769-3724
CAGE:IGHU7
Docusign Envelope ID:3305D756-9B66-4ECD-A2D5-E982D10CDEF3
Exhibit A 23-157
Scope of Work for Bozeman Creek Flood Conveyance PER 6-13-24
include a new terrestrial LiDAR scan of the existing 325' long tunnel under Main Street and two
buildings plus two other shorter upstream tunnels/culverts.
4) Inventorying and characterizing flood insurance data and specific properties that are presently
within the regulatory 100 year floodway, floodplain, and the shallow flooding zones that are
potential routes of the proposed conveyance channel.
5) Inventorying and summarizing historical data related to past flood damage in the designated
reach.
6) Inventorying and summarizing present FEMA data on annual flood insurance costs and the
estimated flood damage for various events and time periods.
7) Roughly modelling the floodplain for a design event that included full or partial blockage of the
existing tunnel under Main Street and the other tunnel(s) upstream.
8) Settling on a design flood flow. This will likely be the existing FEMA flow rates.
9) Designing and hydraulic modelling of rough grading concepts that would convey the design flood
through town and developing conceptual design alternatives including no action. Note that the
design and modelling of a new channel is necessarily more than just eliminating the constriction
at the existing tunnel (s). If those restrictions are removed,the downstream channel must also be
enlarged to convey the enlarged flow that presently is spread out to the existing flood plain by
the tunnel constriction(s).
10) Conceptual design and cost estimating of infrastructure changes required for the proposed new
conveyance channel (i.e. modifications to water, sewer, storm sewer, bridges, culverts, etc.).
11) Rough costs of right of way acquisition (i.e. purchase of existing buildings, homes and lots) to
accommodate the flood channel.
12) Rough Cost/Benefit analyses of the alternatives.
13) Lead two public meetings to present and discuss the draft and later the final PER and
recommended alternative.
14) Professional Engineering Services to complete a Preliminary Engineering Report(PER)that meets
the requirements and follows the format of the most recent edition of the Uniform PER Outline,
to study the stormwater system;
15) Submit one(1)electronic copy of the stormwater PER to the Department of Commerce and to the
City of Bozeman.
16) Assist the City of Bozeman as needed to perform the administration of this Contract pursuant to
the most current version of the MCEP Administration Guidelines for Infrastructure Planning
Grants.
Based on our experience modelling FEMA flood plains for Montana Department of Natural Resources,we
believe the above scope of work will cost more than the$40,000 grant funding plus 20%local match. We
are committed to completing the work for the available$48,000 budget and will consider any excess work
a contribution to the community and the Bozeman Creek vision. Since any significant increase would also
boost the cost of the project to an amount greater than the $50,000 Qualifications Based Selection
exemption, it would also be contrary to the state and city regulations to receive an increase in fee for the
work.
Allied Engineering Services, Inc.
Douglas S. Chandler, PhD, PE, Founder
Bozeman Office: 32 Discovery Drive. Bozeman,Montana 59718. ' Ph:(406)582-0221 ' Fax:(406)582-5770 Page 2
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MONTANA DEPARTMENT OF COMMERCE
MONTANA COAL ENDOWMENT PROGRAM
CONTRACT #MT-MCEP-PL-25-015
This agreement ("Contract") is entered into by the City of Bozeman, Montana
("Grantee") and the Montana Department of Commerce ("Department").
The Grantee and the Department hereby agree to the following terms:
Section 1. PURPOSE
The purpose of this Contract is to provide funding to the Grantee for infrastructure
planning activities approved by the Department under the Montana Coal Endowment
Program ("MCEP" or "Program") as authorized by HB 11, passed by the 68th Legislature
and as signed into law by Governor Gianforte on May 18, 2023 (Chapter 595, Laws 2023).
The Montana Coal Endowment Program was formerly known as the Treasure State
Endowment Program. Any references to the Treasure State Endowment Program or
"TSEP" now refer to the Montana Coal Endowment Program as authorized by the 67th
Montana Legislature in Senate Bill 258 (Chapter 330, Laws 2021).
Section 2. AUTHORITY
This Contract is issued under authority of Title 90, Chapter 6, Part 7 of the Montana Code
Annotated ("MCA"), Title 8, Chapter 94, Subchapter 38 of the Administrative Rules of
Montana ("ARM"), and the terms of Chapter 595, Laws 2023.
Section 3. APPLICATION INCORPORATED BY REFERENCE
The Grantee's application for Program assistance, including any written modifications or
reports resulting from the review of the application by the Department (collectively
"Project"), is specifically incorporated into this Contract by this reference and the
representations made therein are binding upon the Grantee.
Section 4. ACCEPTANCE OF PROGRAM REQUIREMENTS
(a) The Grantee will comply with all applicable local, state, and federal laws as well as
all applicable regulations, ordinances, and resolutions now in effect or as may be
amended during the term of this Contract. In particular, Grantee will comply with
the terms of Montana HB 11 (Chapter 595, Laws 2023), the terms of which are
incorporated herein by reference. Grantee will comply with all administrative
directives and procedures that may be established or amended by the Department
for the Program, including the most current version of the MCEP Administration
Guidelines forInfrastructure Planning Grants maintained by the Department.
(b) The Grantee agrees that all contracts and subcontracts it enters into for the
completion of the activities described in Section 6 will require such contractors,
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subcontractors, and subrecipient entities to also comply with all requirements
placed on the Grantee in paragraph (a) of this Section.
(c) The Grantee agrees to repay to the Department any funds advanced under this
Contract that the Grantee, its contractors, subcontractors, or subrecipient entities,
or any public or private agent or agency to which it delegates authority to carry
out any portions of this Contract, expends in violation of: (i) the terms of this
Contract; (ii) the statutes, and regulations governing the Program; (iii) or any
applicable local, state, or federal requirements.
(d) The Grantee acknowledges and agrees that neither the funding of the Project
under this Contract nor any review of the final deliverables by the Department
constitutes the Department's approval or endorsement of the contents of such,
and that such funding and/or review will have no influence on the Department's
ranking of a subsequent application from the Grantee for any project grant.
Section S. EFFECTIVE DATE AND TIME OF PERFORMANCE
(a) This Contract shall take effect upon execution by the parties and will terminate on
March 31, 2026 or upon approval of Grantee's Project completion report by the
Department, whichever is later, unless otherwise terminated in accordance with
this Contract.
(b) All authorized expenses to be reimbursed must be incurred by the Grantee
between March 14, 2024 and no later than December 31, 2025. All requests for
reimbursement must be submitted to the Department within ninety (90) days after
December 31, 2025.
(c) The activities to be performed by the Grantee will be completed according to the
implementation schedule set forth in Exhibit A. The Grantee may modify the
implementation schedule set forth in Exhibit A only with prior written approval of
the Department.
(d) The Grantee will procure its engineer or other primary contractor to complete the
Project within six (6) months of the execution of this Contract or the Contract will
terminate unless the Department determines, in its sole discretion, that Grantee
has demonstrated substantial progress towards procuring an engineer.
(e) The Department may grant an extension to this Contract upon request by the
Grantee if the Department determines, in its sole discretion, that the Grantee has
demonstrated progress toward completion of the Project, has engaged in a good
faith effort to comply with the duties, terms, and conditions of this Contract, and
that the failure to comply with any of those services, duties, terms, or conditions
resulted from circumstances beyond the Grantee's control. A written request for
an extension must be submitted at least sixty (60) days prior to March 31, 2026.
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Section 6. SCOPE OF WORK
The Grantee will complete the Project and administer this Contract in compliance with
the Project management plan, including any amendments, approved by the Department.
The Grantee will use Program funds for the following major components of the Project:
• Preliminary conference call with the Department prior to beginning the
Project to confirm Project components and design;
• Professional Engineering Services to complete a Preliminary Engineering
Report (PER) that meets the requirements and follows the format of the
most recent edition of the Uniform PER Outline, to study the stormwater
system;
• Limited administration of this Contract pursuant to the most current
version of the MCEP Administration Guidelines for Infrastructure
Planning Grants, and
• Submit one (1) electronic copy of the stormwater PER to the
Department.
Section 7. BUDGET
(a) The total amount to be awarded to the Grantee under this Contract shall not
exceed $40,000.
(b) A copy of the Project budget is attached as Exhibit B and specifically incorporated
herein by this reference. Any changes to the budget as proposed and incorporated
within this Contract require a written request to and approval by the Department.
(c) Any authorized funds not expended under this grant by the later date referenced
in Section 5(b) or otherwise accounted for in accordance with the provisions of this
Section will revert to the Department and will be used to finance other Program
projects.
Section 8. ACCESS TO AND RETENTION OF RECORDS
(a) The Grantee agrees to create and maintain records supporting the services
covered by this Contract, including but not limited to, financial records,
supporting documents, and such other records as are required by law or other
authority, for a period of five (5) years after either the termination date of the
Contract or the conclusion of any claim, litigation, or exception relating to the
Contract taken by the State of Montana or third party, whichever is later. These
records will be kept in the Grantee's offices.
(b) The Grantee shall provide the Department, Montana Legislative Auditor, or their
authorized agents access to any records related to the Project or otherwise
necessary to determine contract compliance, at no cost to the Department, the
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Montana Legislative Auditor, or their authorized agents.
Section 9. LIAISONS
All project management and coordination on behalf of the Department shall be through
a single point of contact designated as the Department's liaison. Grantee shall designate
a liaison that will provide the single point of contact for management and coordination
of Grantee's work. All work performed pursuant to this Contract shall be coordinated
between the Department's liaison and the Grantee's liaison. The liaisons for this Contract
are:
For the Department: For the Grantee:
Alisha Oellermann (or successor) Jamie Grabinski (or successor)
Program Specialist, MDOC Grants Coordinator, City of Bozeman
301 S. Park Ave. 121 N. Rouse Ave
P.O. Box 200523 Bozeman, MT 59715
Helena, MT 59620-0523 406-582-2364
406-841-2226 jgrabinski@bozeman.net
alisha.oellermann2@mt.gov
Section 10. METHOD OF REIMBURSEMENT
(a) The Department will use the funds appropriated in HB 11 to fund infrastructure
planning awards to Grantees that have received a notice of award letter from the
Department. Grantee acknowledges that its access to Program funds is subject to
their availability.
(b) The Department agrees that, if and when the funds described in paragraph (a) of
this Section are available, the Department will authorize the Grantee to request
reimbursement from funding awarded for the Project.
(c) The Department agrees to reimburse the Grantee for eligible Project costs incurred
on or after the date identified in Section 5(b) upon the successful completion of
activities set forth in Section 6.All reimbursements must be supported by adequate
documentation requested by the Department and provided by the Grantee, and
require Department approval of the Grantee's request for reimbursement. In
requesting reimbursement, the Grantee will follow the instructions supplied by the
Department.
(d) Payment to the Grantee for approved Project activities under this Contract will
generally be in accordance with the disbursement schedule listed below:
(i) Payment #1 — 50% of the grant award amount will be available after the
Department receives a draft of the Project deliverables in accordance with
the preliminary conference call. This draft will also serve to document that
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the Grantee is adequately proceeding toward the preparation of a complete
and acceptable final product.
(ii) Payment #2 — The remaining 50% of the grant award amount will be
available after the Department receives a final copy of all required
deliverables to be completed under the Contract, proof of matching funds,
a Project completion report, and Grantee's final request for funds.
(e) The Department will not reimburse the Grantee for any costs incurred prior to the
date identified in Section 5(b), any expenses not included in Exhibit B or an
approved adjustment thereto, any ineligible expenses as set forth in the most
current version of the MCEPAdministration Guidelines for Infrastructure Planning
Grants, or any expenses not adequately supported in writing by the Grantee's
records.
(f) As set forth in Section 17, if the Grantee fails to or is unable to comply with any of
the terms and conditions of this Contract any costs incurred will be the Grantee's
sole responsibility.
(g) The Grantee understands and acknowledges that the Department will report to the
Legislature and Legislative Interim Committees on the status of all Program
projects in accordance with HB 11. If the Department determines that the Grantee
has failed to commence its project in a timely manner or complete its Project by
the date prescribed in this Contract, the Department may recommend to the
Legislature that the Contract be terminated. If that occurs, any remaining Project
funds will revert to the Department and may be used, at the Department's
discretion, to fund other Program grants.
(h) The Department is allowed fifteen (15) business days to process a request for
reimbursement once adequate supporting documentation has been received by
the Department. The Grantee shall provide banking information before or at the
time of Contract execution in order to facilitate electronic funds transfer
payments.
(i) If the Grantee changes one of its sources of funding or the cost of the Project
increases after the Grantee has obtained the firm commitment of non-Program
funds, the Department may, at its discretion, suspend the distribution of Program
funds until the Grantee obtains a firm commitment of funds for the full Project
budget.
(j) The Department may reduce the Grantee's amount of Program funds provided by
this Contract if actual Project expenses are lower than projected by the Grantee in
Exhibit B or the Grantee obtains a greater amount of grant funds from other
sources than as presented in the Project application.
(k) If the Department, in its sole discretion, determines that the Grantee has failed
to satisfactorily carry out its responsibilities under this Contract or has breached
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the terms of this Contract, the Department may withhold reimbursement to the
Grantee until such time as the Department and the Grantee agree on a plan to
remedy the deficiency.
(l) Requests for reimbursement for contracted or subcontracted services must
include appropriate documentation demonstrating compliance with contract
requirements.
(m) The Grantee may not use monies provided through this Contract as payment for
Project costs that are reimbursed from other sources.
(n) The Department, in its sole discretion, may allow the Grantee to amend Section 6.
The Department will review the following: likelihood to expend all grant funds prior
to the deadline in Section 5(b); progress toward completion of the Project; good
faith effort to comply with any of the duties, terms, and conditions of this Contract;
and the failure to comply with any of those services, duties, terms, or conditions
resulted from circumstances beyond the Grantee's control. A written request for
an amendment to Section 6 must be submitted at least sixty (60) days prior to the
termination date of this Contract.
Section 11. REPORTING REQUIREMENTS
(a) Project Progress Reports: During the term of this Contract the Grantee will submit
Project progress reports to the Department in conjunction with each request for
reimbursement. These reports will describe the status of the activities set forth in
Section 6, including, at a minimum, the percentage completed, costs incurred,
funds remaining, and projected completion date. Additionally, the report must
provide documentation supporting each claim for expenses to be reimbursed,
describe any significant problems encountered in carrying out the Project, and the
scope of any necessary modifications the Grantee is requesting in the Project scope
of work, budget, or implementation schedule. The Department, at its sole
discretion, may decline to honor any request for reimbursement if the required
project progress report has not been submitted to or approved by the Department.
(b) Pro Completion Report: Upon completion of the Project, the Grantee will
submit a final Project completion report for Department approval. The Project
completion report will describe the total costs incurred for the Project, identify the
final completion date, and summarize any significant problems encountered in
carrying out the Project. Upon approval of the Project completion report, the
Department will issue a notice of Project close-out.
Section 12. PROJECT MONITORING
The Department or any of its authorized agents may monitor and inspect all phases and
aspects of the Grantee's performance to determine compliance with Section 6 of this
Contract, the proper use of funds, and other technical and administrative requirements of
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this Contract, including the adequacy of the Grantee's records and accounts. The
Department may advise the Grantee of any specific areas of concern and provide the
Grantee opportunity to propose corrective actions acceptable to the Department.
Section 13. NOTICE
All notices required under the provisions of this Contract must be in writing and delivered
to the parties' liaisons identified herein either by first class mail, electronic mail, or
personal service.
Section 14. REFERENCE TO CONTRACT
The Contract number must appear on all invoices, reports, and correspondence pertaining
to the Contract. If the number is not provided, the Department is not obligated to pay the
invoice.
Section 15. ASSIGNMENT, TRANSFER AND SUBCONTRACTING
The Grantee may not assign, transfer, or subcontract any portion of this Contract without
the Department's prior written consent. (§ 18-4-141, MCA). The Grantee is responsible to
the Department for the acts and omissions of all Grantee's subcontractors or agents and
of persons directly or indirectly employed by such subcontractors, and for the acts and
omissions of persons employed directly by the Grantee. No contractual relationships exist
between any subcontractor and the Department under this Contract.
Section 16. CONTRACT AMENDMENT
This Contract may not be enlarged, modified, or altered without a written agreement
signed by all parties to the Contract.
Section 17. TERMINATION OF CONTRACT
This Contract may only be terminated in whole or in part as follows:
(a) Termination Due to Loss or Reduction of Funding: The Department, at its sole
discretion, may terminate or reduce the scope of this Contract if any funding
sources are eliminated or reduced for any reason, including as permitted by
Montana Code Annotated § 18-4-313(4), If a termination or modification is
required, the Department may, if sufficient Program funds are available,
compensate the Grantee for eligible services rendered and actual, necessary, and
eligible expenses incurred as of the revised termination date. The Department will
notify the Grantee of the effective date of the termination or modification of this
Contract and, if a reduction in funding is required, provide the Grantee with a
modified Project budget.
(b) Termination for Cause with Notice to Cure Requirement: The Department may
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terminate this Contract for failure of the Grantee, its contractors, subcontractors,
or subrecipient entities to perform or comply with any of the services, duties, terms,
or conditions contained in this Contract after giving the Grantee written notice of
the stated failure. The written notice will demand performance of the stated failure
within a specified period of time not less than thirty (30) calendar days. If the
demanded performance is not completed within the specified period, the
termination is effective at the end of the specified period.
(c) Effect of Termination: In the event of termination due to the Grantee's, its
contractors', subcontractors', or subrecipient entities' failure to perform or comply
with any of the services, duties, terms, or conditions of this Contract, any costs
incurred will be the sole responsibility of the Grantee. However, at its sole
discretion, the Department may approve written requests by the Grantee for
reimbursement of eligible expenses incurred. The Department's decision to
authorize payment of any costs incurred or to recover expended Program funds
will be based on a consideration of the extent to which the expenditure of those
funds represented a good faith effort of the Grantee to comply with any of those
services, duties, terms, or conditions of this Contract, and on whether the failure to
comply with any of those services, duties, terms, or conditions resulted from
circumstances beyond the Grantee's control.
Section 18. COMPLIANCE WITH APPLICABLE LAWS
Grantee shall, in performance of work under this Contract, fully comply with all applicable
federal, state, or local laws, rules, regulations, and executive orders including but not
limited to, the Montana Human Rights Act, the Equal Pay Act of 1963, the Civil Rights Act
of 1964, the Age Discrimination Act of 1975, the Americans with Disabilities Act of 1990,
and Section 504 of the Rehabilitation Act of 1973. Grantee is the employer for the purpose
of providing healthcare benefits and paying any applicable penalties,fees and taxes under
the Patient Protection and Affordable Care Act [P.L. 111-148, 124 Stat. 119].Any subletting
or subcontracting by Grantee subjects subcontractors to the same provisions. In
accordance with § 49-3-207, MCA, and Executive Order No. 04-2016. Grantee agrees that
the hiring of persons to perform this Contract will be made on the basis of merit and
qualifications and there will be no discrimination based on race, color, sex, pregnancy,
childbirth or medical conditions related to pregnancy or childbirth, political or religious
affiliation or ideas, culture, creed, social origin or condition, genetic information, sexual
orientation, gender identity or expression, national origin, ancestry, age, disability,
military service or veteran status, vaccination status, or marital status by the persons
performing this Contract.
Section 19. ACCOUNTING, COST PRINCIPLES, AND AUDITING
(a) The Grantee, in accordance with §§ 2-7-503, 2-7-504, MCA, implementing
administrative rules, and other authorities, must maintain for the purposes of this
Contract an accounting system of procedures and practices that conforms to
Generally Accepted Accounting Principles ("GAAP").
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(b) The Department, any other legally authorized governmental entity, or their
authorized agents may, at any time during or after the term of this Contract,
conduct in accordance with §§ 2-7-503, 5-13-304, and 18-1-118, MCA and other
authorities, audits for the purposes of ensuring the appropriate administration,
expenditure of monies, and delivery of services provided through this Contract, at
no cost to the Department.
Section 20. AVOIDANCE OF CONFLICT OF INTEREST
(a) The Grantee will comply with §§ 2-2-121, 2-2-201, 7-3-4256, 7-3-4367, 7-5-2106,
and 7-5-4109, MCA, as applicable, and any other applicable local, state, or federal
law regarding the avoidance of conflict of interest.
(b) The Grantee agrees that none of its officers, employees, or agents will solicit or
accept gratuities, favors, or anything of monetary value from contractors,
subcontractors, or potential contractors and subcontractors, who provide or
propose to provide services relating to the project funded under this Contract.
(c) The Grantee shall promptly refer to the Department any credible evidence that a
principal, employee, agent, contractor, sub-grantee, subcontractor, or other person
has submitted any false claim or has committed any criminal or civil violation of
laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct
involving funds provided under this Contract.
Section 21. COMPLIANCE WITH WORKERS' COMPENSATION ACT
Grantees shall comply with the provisions of the Montana Workers' Compensation Act
while performing work for the State of Montana in accordance with Sections 39-71-401,
39-71-405, and 39-71-417, MCA. The Grantee accepts responsibility for supplying, and
requiring all subcontractors to supply, the Department proof of compliance with the
Montana Worker's Compensation Act while performing work for the State of Montana.
The Grantee agrees that neither the Grantee nor its employees are employees of the state.
Proof of compliance must be in the form of workers' compensation insurance, an
independent contractor's exemption, or documentation of corporate officer status. This
insurance/exemption must be valid for the entire term of the Contract. Proof of
compliance and renewal documents must be sent to the Department within thirty (30)
calendar days of Contract execution.
Section 22. OWNERSHIP AND PUBLICATION OF MATERIALS
All reports, information, data, and other materials prepared by the Grantee or any of its
contractors or subcontractors in furtherance of this Contract are the property of the
Grantee and the Department. Both Grantee and the Department have the royalty-free,
nonexclusive, and irrevocable right to reproduce, publish, authorize others to use, and to
otherwise use, in whole or part, such property and any information relating thereto. No
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material produced in whole or part under this Contract may be copyrighted or patented
in the United States or in any other country without the prior written approval of both the
Department and the Grantee.
Section 23. INSURANCE
(a) General Requirements: Grantee must maintain and assure that its representatives,
assigns, and subcontractors maintain for the duration of the Contract, at their own
cost and expense, primary liability insurance against claims for injuries to persons
or damages to property, including contractual liability, that may arise from or in
connection with the performance of the duties and obligations in the Contract by
Grantee, its agents, employees, representatives, assigns, or subcontractors. This
insurance must cover such claims as may be caused by any negligent act or
omission. The State, its officers, officials, employees, and volunteers must be
covered as additional insureds for all claims arising out of the use of grant
proceeds provided by the State of Montana.
(b) Primary Insurance: Grantee's insurance coverage must be primary insurance with
respect to the State of Montana, its elected or appointed officers, officials,
employees, or volunteers and the State's insurance will not contribute with it.
(c) General Liability Insurance: At its sole cost and expense, Grantee must purchase
and maintain occurrence coverage with minimum combined single limits of $1
million per occurrence and $2 million aggregate per year, or as established by
statutory tort limits of $750,000 per claim and $1,500,000 per occurrence as
provided by a self-insurance pool insuring counties, cities, or towns, as authorized
under Section 2-9-211, MCA.
(d) Professional Liability Insurance: Grantee shall assure that any representatives,
assigns, and subcontractors performing professional services under this Contract
purchase occurrence coverage with combined single limits for each wrongful act
of $1,000,000 per occurrence and $2,000,000 aggregate per year. Note: if
"occurrence" coverage is unavailable or cost prohibitive, the contractor may
provide "claims made"coverage provided the following conditions are met.•(1) the
commencement date of the Contract must not fall outside the effective date of
insurance coverage and it will be the retroactive date for insurance coverage in
future years; and (2) the claims made policy must have a three (3)year tail for
claims that are filed after the cancellation or expiration date of the policy.
(e) General Provisions: All insurance coverage must be with a carrier licensed to do
business in the State of Montana and with a Best's rating of at least A-, or by a
public entity self-insured program either individually or on a pool basis as provided
by Title 2, MCA. All certificates and endorsements must be received by the
Department prior to beginning any activity provided for under the Contract.
Grantee must notify the Department immediately of any material change in
insurance coverage, such as changes in limits, coverage, change in status of policy,
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etc. The Department reserves the right to request complete copies of Grantee's
insurance policy, including endorsements, at any time.
Section 24. HOLD HARMLESS AND INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify and hold harmless
State, its elected and appointed officials, officers, agents, directors, and employees from
and against all claims, damages, losses and expenses, including the cost of defense
thereof, to the extent caused by or arising out of the Grantee's negligent acts, errors, or
omissions in work or services performed under this Contract, including but not limited
to, the negligent acts, errors, or omissions of any subcontractor or anyone directly or
indirectly employed by any subcontractor for whose acts subcontractor may be liable.
Claims under this provision also include those arising out of or in any way connected
with the Grantee's breach of this contract, including any Claims asserting that any of the
Grantee's employees are actually employees or common law employees of the State or
any of its agencies, including but not limited to, excise taxes or penalties imposed on
the State under Internal Revenue Code ("Code") §§ 4980H, 6055 or 6056.
Section 25. DEFAULT
Failure on the part of either party to perform the provisions of the Contract constitutes
default. Default may result in the pursuit of remedies for breach of contract as set forth
herein or as otherwise legally available, including but not limited to damages and
specific performance.
Section 26. DEBARMENT
The Grantee certifies and agrees to ensure during the term of this Contract that neither it
nor its principals, contractors, subcontractors, or subrecipient entities are debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this Contract by any governmental department or agency.
Section 27. FORCE MAJEURE
Neither party will be liable for any failure or delay in performing its duties in this
agreement due to Force Majeure Events. "Force Majeure Event" means an event or
circumstance beyond a party's reasonable control, such as natural catastrophes and acts
of terrorism or war, and the consequences of that event or circumstance. Force Majeure
Event does not include a strike or other labor unrest that affects only that party, an
increase in prices or other change in general economic conditions, a change in law, or an
event or circumstance that results in that Party's not having sufficient funds to comply
with an obligation to pay. If a Force Majeure Event continues for 30 days, the other party
may terminate this agreement or suspend payments while the event continues.
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Montana Coal Endowment Program Contract# MT-MCEP-PL-25-015
Montana Department of Commerce City of Bozeman
Docusign Envelope ID:3305D756-9B66-4ECD-A2D5-E982D10CDEF3
Section 28. SEPARABILITY
A declaration by any court, or any other binding legal forum, that any provision of the
Contract is illegal or void shall not affect the legality and enforceability of any other
provision of the Contract, unless the provisions are mutually dependent.
Section 29. ARBITRATION
Unless otherwise agreed to in writing or provided for by law, arbitration is not available
to the parties as a method of resolving disputes that would arise under the Contract.
Section 30. NO WAIVER OF BREACH
No failure by the Department to enforce any provisions hereof after any event of breach
will be deemed a waiver of its rights regarding that event, or any subsequent event. No
express failure of any event of breach will be deemed a waiver of any provision hereof.
No such failure or waiver will be deemed a waiver of the right of the Department to
enforce each and all the provisions hereof upon any further or other breach on the part
of the Grantee.
Section 31. JURISDICTION AND VENUE
This Contract is governed by the laws of Montana. The parties agree that any litigation
concerning this Contract must be brought in the First Judicial District in Lewis and Clark
County, State of Montana and each party must pay its own costs and attorney fees, except
as provided in Section 24, Hold Harmless and Indemnification
Remainder of page intentionally left blank.
12 of 15
Montana Coal Endowment Program Contract# MT-MCEP-PL-25-015
Montana Department of Commerce City of Bozeman
Docusign Envelope ID:3305D756-9B66-4ECD-A2D5-E982D10CDEF3
Section 32. INTEGRATION
The Contract contains the entire agreement between the parties. No statements,
promises, or inducements of any kind made by either party or the agents of either party,
not contained herein or in a properly executed amendment hereto are valid or binding.
The parties through their authorized agents have executed this Contract on the dates set
out below.
GRANTEE:
LDocuSignee'd11by:
( WU/llA, 6/6/2024
Chuck Winn, Interim City Manager Date
City of Bozeman
ATTEST:
5 DocuSigned by:
M.O, Maas
i ''69M999','City Clerk
APPROVED AS TO FORM:
DocuSigned by:
r��059ft fa°n, City Attorney
DEPARTMENT:
DocuSigned by:
" 4*q4 6/6/2024
Mandy Rambo, Deputy Director Date
13 of 15
Montana Coal Endowment Program Contract# MT-MCEP-PL-25-015
Montana Department of Commerce City of Bozeman
Docusign Envelope ID:3305D756-9B66-4ECD-A2D5-E982D10CDEF3
EXHIBIT A
Implementation Schedule
TASK MONTH
PROJECT START UP
Preparation of MDOC Contract May 2024
PROCUREMENT OF PROFESSIONAL ASSISTANCE
Submit Request for Proposals to DOC for approval, if required June 2024
Publish RFP July 2024
Select professional August 2024
Execute agreement with professional September 2024
PROJECT IMPLEMENTATION
Prepare draft deliverables March 2025
Submit interim Request for Funds, Progress Report and draft May 2025
deliverables
Public review and comment July 2025
Finalize deliverables September 2025
PROJECT CLOSE OUT
Submit final deliverables December 2025
Submit final Request for Funds and Completion Report March 2026
14 of 15
Montana Coal Endowment Program Contract# MT-MCEP-PL-25-015
Montana Department of Commerce City of Bozeman
Docusign Envelope ID:3305D756-9B66-4ECD-A2D5-E982D10CDEF3
EXHIBIT B
Budget
SOURCE: SOURCE: TOTAL
MCEP Local
Professional $40,000 $10,000 $50,000
Engineering Services
15 of 15
Montana Coal Endowment Program Contract# MT-MCEP-PL-25-015
Montana Department of Commerce City of Bozeman
Docusign Envelope ID:3305D756-9B66-4ECD-A2D5-E982D10CDEF3
Contract Information Sheet
Division staff are required to complete the items in blue print. Lost Revised September 2023
Contract Number: MT-MCEP-PL-25-015 Original Contract Amount: 40,000.00
Contractor's Name: City of Bozeman Amount of Prior Amendments:
Contractor Liaison: Jamie Grabinski Current Amendment Amount:
Contractor's Liaison Email: irabinski@bozeman.net Total Contract Value: 40,000.00
Approved to Form Name: Greg Sullivan
Approved to Form Email: gsullivan(a)bozeman.net Funding Source: State
Contractor (signee) Name: Chuck Winn
Contractor's Email: cwinn@bozeman.net Program Number/Division: 60- Community MT
Contractor's Address: 121 N Rouse St, Suite 201 Org Number: 608025
Contractor's Address 2: Bozeman, MT 59715 Vendor Number: 23437
Attest Name: Mike Maas Project Name (optional): MCEP-PL-25-015
Attest Email: mmaas(a)bozeman.net
Start Date: Upon execution
Delegation: Commerce End Date: 3/31/2026
Procurement Method: Exempt* Absolute End Date:
Contract Type: Grant
Contract Usage: Fixed
Purpose of this Delegation Agreement Section 5.1 * Grants with governments. Stormwater preliminary
contract/amendment: engineering report.
Scope & duties of this contract: The proposed project is to develop a preliminary engineering report (PER) to evaluate options to
mitigate the existing flood hazard to Bozeman, Montana by Bozeman Creek concentrated in
downtown Bozeman near the Main Street area, a major thoroughfare in the city as well as a critical
artery to the local hospital.
Liaison: Alisha Oellermann Program Manager: scrider@mt.gov
Liaison Email: alisha.oellermann2@mt.gov Bureau Chief: galen.steffens(a)mt.gov
Liaison Phone: 406-841-2226 Additional Email:
Signatures: DoauSigned by: Copies To:
Division Administrator E
�`�`� k�a 6/6/2024 Liaison ❑
,
Fiscal Review 5,,d7 UCa7 6/6/2024 Director (>$200K) ❑
Bocu Igned by477...
Legal Counsel �¢ �� �A A ��ti 6/6/2024 Deputy Director (<$25K) ❑
986438D6200F443...
Deputy Director Perceptive
OBPP
Information Technology
SITSD
Docusign Envelope ID:3305D756-9B66-4ECD-A2D5-E982D10CDEF3
DocuSign
Certificate Of Completion
Envelope Id: FE8D4ED800AE43OE84D7314CF46EFC3D Status:Completed
Subject: Montana Department of Commerce Contract#MT-MCEP-PL-25-015 for Signature
Source Envelope:
Document Pages: 16 Signatures:7 Envelope Originator:
Certificate Pages:6 Initials:0 Contracts Admin
AutoNav: Enabled PO Box 200501
Envelopeld Stamping: Enabled 301 S. Park Ave
Time Zone: (UTC-07:00)Mountain Time(US&Canada) Helena,MT 596200501
doccontracts@esign.mt.gov
IP Address: 161.7.39.7
Record Tracking
Status:Original Holder:Contracts Admin Location: DocuSign
6/6/2024 8:06:18 AM doccontracts@esign.mt.gov
Signer Events Signature Timestamp
Mandy Rambo EDI-Sig"Idby:
Sent:6/6/2024 8:22:07 AM
Mandy.rambo@mt.gov ""'� 4`"`-t- Viewed:6/6/2024 8:31:41 AM
Deputy Director c1288DD421CA4E2 Signed:6/6/2024 8:31:47 AM
Security Level: Email,Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 161.7.39.7
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Judy Clay by: Sent:6/6/2024 8:31:48 AM
judy.clay@mt.gov ED*,uSi,n,d
:sIlUay Viewed:6/6/2024 9:00:37 AM
Security Level: Email,Account Authentication B88690E781c6477_ Signed:6/6/2024 9:01:46 AM
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 161.7.39.7
Electronic Record and Signature Disclosure:
Accepted:6/6/2024 9:00:37 AM
ID:e93e2780-0876-4228-88d5-b5152eaf6bf6
Bonnie Martello EDI-Sign1dbySent:6/6/2024 9:01:48 AM
bmartello@mt.gov 6W'U", Nt.aVk(,(,p Viewed:6/6/2024 9:28:40 AM
Security Level: Email,Account Authentication 986438D620DF443... Signed:6/6/2024 9:28:45 AM
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 161.7.39.7
Electronic Record and Signature Disclosure:
Accepted:9/23/2016 10:59:41 AM
ID: lblb08d4-a7e2-4780-be4c-48cO85b25cec
DocuSigned by:
Chuck Winn Ec6& Sent:6/6/2024 9:28:47 AM
cwinn@bozeman.net UJIV Viewed:6/6/2024 9:52:56 AM
Assistant City Manager AFFA5c3A7c3o412 Signed:6/6/2024 9:53:34 AM
Security Level: Email,Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address:69.145.53.144
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted:6/6/2024 9:52:56 AM
ID:0990dcbf-c2d5-4a03-afd7-0076d7c86569
Docusign Envelope ID:3305D756-9B66-4ECD-A2D5-E982D10CDEF3
Signer Events Signature Timestamp
Greg Sullivan ED7702C53F56F4E4
DocnS'gned bySent:6/6/2024 9:53:36 AM
gsullivan@bozeman.net Sl�.�."I& Viewed:6/6/2024 10:21:26 AM
Security Level: Email,Account Authentication Signed:6/6/2024 10:21:47 AM
(None)
Signature Adoption: Pre-selected Style
Using IP Address:69.145.83.100
Electronic Record and Signature Disclosure:
Accepted:6/6/2024 10:21:26 AM
ID:8fed6de1-2a44-4ae0-9010-409db3fbcb85
Mike Maas by Sent:6/6/2024 10:21:49 AM
mmaas@bozeman.net ED—Sign1d
1aU, AWS Viewed:6/6/2024 11:05:16 AM
ecurit Level: Email Account Authentication F41F922095AB475... I ned:6/6/2024 11:05:30 AM
Security Signed:
(None)
Signature Adoption: Pre-selected Style
Using IP Address:69.145.83.100
Electronic Record and Signature Disclosure:
Accepted:6/6/2024 11:05:16 AM
ID:a24cfe0b-9712-415f-9fdf-256bfalad5b6
Mandy Rambo EDII"Sig"Idby: Sent:6/6/2024 11:05:32 AM
Mandy.rambo@mt.gov d ka'� Viewed:6/6/2024 11:20:57 AM
Deputy Director c1288°°421CA4E2 Signed:6/6/2024 11:21:03 AM
Security Level: Email,Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 161.7.39.7
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Stephanie Crider COPIED Sent:6/6/2024 8:22:07 AM
scrider@mt.gov Viewed:6/6/2024 9:32:03 AM
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted:6/6/2024 9:10:49 AM
ID:3861279e-9843-4a2a-a966-da31b2937534
Jamie Grabinski COPIED Sent:6/6/2024 8:22:07 AM
jrabinski@bozeman.net Viewed:6/6/2024 8:45:14 AM
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Docusign Envelope ID:3305D756-9B66-4ECD-A2D5-E982D10CDEF3
Carbon Copy Events Status Timestamp
Alisha Oellermann COPIED Sent:6/6/2024 8:22:08 AM
Alisha.Oellermann2@mt.gov
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted:5/24/2024 1:58:08 PM
ID:2c0129a 1-8997-4983-bc4f-f342fbde93f5
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/6/2024 8:22:08 AM
Certified Delivered Security Checked 6/6/2024 11:20:57 AM
Signing Complete Security Checked 6/6/2024 11:21:03 AM
Completed Security Checked 6/6/2024 11:21:03 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Docusign Envelope ID:3305D756-9B66-4ECD-A2D5-E982D10CDEF3 7 AM
Parties agreed to:Judy Clay,Bonnie Martello,Chuck Winn,Greg Sullivan,Mike Maas,Stephanie Crider,Alisha Oellermann
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, MT Dept of Commerce (we, us or Company) may be required by law to
provide to you certain written notices or disclosures. Described below are the terms and
conditions for providing to you such notices and disclosures electronically through the
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to you through the DocuSign system during and immediately after signing session and, if you
elect to create a DocuSign signer account, you may access them for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
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If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
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If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
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and then wait until we receive back from you your acknowledgment of your receipt of such
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withdraw your consent using the DocuSign `Withdraw Consent' form on the signing page of a
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consent to receive required notices and disclosures electronically from us and you will no longer
be able to use the DocuSign system to receive required notices and consents electronically from
us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or
made available to you during the course of our relationship with you. To reduce the chance of
you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
Docusign Envelope ID:3305D756-9B66-4ECD-A2D5-E982D10CDEF3
electronically from us.
How to contact MT Dept of Commerce:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: doccontracts@mt.gov
To advise MT Dept of Commerce of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at doccontracts@mt.gov and in the
body of such request you must state: your previous e-mail address, your new e-mail address. We
do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected
in your DocuSign account by following the process for changing e-mail in the DocuSign system.
To request paper copies from MT Dept of Commerce
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an e-mail to doccontracts@mt.gov and in the body
of such request you must state your e-mail address, full name, US Postal address, and telephone
number. We will bill you for any fees at that time, if any.
To withdraw your consent with MT Dept of Commerce
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
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state your e-mail, full name, US Postal Address, and telephone number. We do not need
any other information from you to withdraw consent.. The consequences of your
withdrawing consent for online documents will be that transactions may take a longer time
to process..
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Acknowledging your access and consent to receive materials electronically
Docusign Envelope ID:3305D756-9B66-4ECD-A2D5-E982D10CDEF3
To confirm to us that you can access this information electronically, which will be similar to
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by clicking the `I agree' button below.
By checking the `I agree' box, I confirm that:
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ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and
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print it, for future reference and access; and
• Until or unless I notify MT Dept of Commerce as described above, I consent to receive
from exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to me by MT Dept of Commerce during the course of my relationship with you.
DocuSign
Certificate Of Completion
Envelope Id:3305D7569B664ECDA2D5E982DlOCDEF3 Status:Completed
Subject:Complete with Docusign: PSA_Allied_Engineering_Bozeman_Creek_d raft_3.pdf
Source Envelope:
Document Pages:36 Signatures:4 Envelope Originator:
Certificate Pages:5 Initials:0 Mike Maas
AutoNav: Enabled Stamps: 1 PO Box 1230
Envelopeld Stamping: Enabled Bozeman, MT 59771
Time Zone: (UTC-07:00)Mountain Time(US& Mmaas@bozeman.net
Canada) IP Address:69.145.83.100
Record Tracking
Status:Original Holder:Mike Maas Location: DocuSign
6/25/2024 3:26:53 PM Mmaas@bozeman.net
Security Appliance Status:Connected Pool:StateLocal
Storage Appliance Status:Connected Pool:City of Bozeman Location: DocuSign
Signer Events Signature Timestamp
Doug Chandler EDO-Sig"Id
by: Sent:6/25/2024 8:00:07 PM
doug@alliedengineering.com 64 (6AA At,v Resent:7/3/2024 9:57:14 AM
Security Level: Email,Account Authentication 91eF67FEeD7B437... Resent:7/10/2024 9:20:46 AM
(None) Resent:7/12/2024 8:18:34 AM
Signature Adoption: Pre-selected Style
Viewed:7/15/2024 7:53:05 AM
Using IP Address:208.75.142.202
Signed:7/15/2024 10:50:18 AM
Electronic Record and Signature Disclosure:
Accepted:7/15/2024 7:53:05 AM
ID:OOf63645-bdab-4b8e-b9e6-7579bd57b906
Greg Sullivan E876992ACgACA44B
DmuSigned by: Sent:7/15/2024 10:50:20 AM
gsullivan@bozeman.net Suw",& Viewed:7/15/2024 11:03:34 AM
Bozeman City Attorney _ Signed:7/15/2024 11:03:51 AM
City of Bozeman,Montana
Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style
(None) Using IP Address:69.145.83.100
Electronic Record and Signature Disclosure:
Accepted:7/15/2024 11:03:34 AM
ID:e66aa8a4-3e56-4de6-ad56-1 b441 e59a94e
Chuck Winn ED—Sig-dby: Sent:7/15/2024 11:03:54 AM
IIcwinn@bozeman.net 5 Ig 9hv" Viewed:7/15/2024 3:39:12 PM
9 Y Manager
Actin City Mana Signed:7/15/2024 3:39:44 PM
City of Bozeman
Signature Adoption: Pre-selected Style
Security Level: Email,Account Authentication
(None) Using IP Address:69.145.53.144
Signed using mobile
Electronic Record and Signature Disclosure:
Accepted:7/15/2024 3:39:12 PM
ID:3cb2b75e-9a30-41cc-8531-d594f4c4c73b
Signer Events Signature Timestamp
Mike Maas EDocoSig"ed°j Sent:7/15/2024 3:39:46 PM
mmaas@bozeman.net 1t0, kAAS Viewed:7/15/2024 4:10:21 PM
City Clerk F4,F922095AB475 Signed:7/15/2024 4:10:30 PM
City of Bozeman
Security Level: Email,Account Authentication oFy
(None)
Signature Adoption: Pre-selected Style
Using IP Address:69.145.83.100
Electronic Record and Signature Disclosure:
Accepted: 1/6/20204:08:14 PM
ID:79370d6f-72a4-4837-866f-9ec31 f00062f
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Shawn Kohtz COPIED Sent:7/15/2024 4:10:32 PM
skohtz@bozeman.net
Utilites Director
City_of_Bozeman
Security Level: Email,Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted:7/12/2018 8:23:18 AM
ID:080212ce-40d8-4c8b-9960-67c84f8d40da
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 6/25/2024 8:00:07 PM
Certified Delivered Security Checked 7/15/2024 4:10:21 PM
Signing Complete Security Checked 7/15/2024 4:10:30 PM
Completed Security Checked 7/15/2024 4:10:32 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
Electronic Record and Signature Disclosure created on:7/9/2018 4:06:02 PM
Parties agreed to:Doug Chandler,Greg Sullivan,Chuck Winn,Mike Maas,Shawn Kohtz
CONSUMER DISCLOSURE
From time to time, City of Bozeman(we,us or Company)may be required by law to provide to
you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through the DocuSign, Inc.
(DocuSign) electronic signing system. Please read the information below carefully and
thoroughly, and if you can access this information electronically to your satisfaction and agree to
these terms and conditions,please confirm your agreement by clicking the `I agree' button at the
bottom of this document.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after signing session and, if you
elect to create a DocuSign signer account, you may access them for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. To indicate to us that you are changing your mind, you must
withdraw your consent using the DocuSign `Withdraw Consent' form on the signing page of a
DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your
consent to receive required notices and disclosures electronically from us and you will no longer
be able to use the DocuSign system to receive required notices and consents electronically from
us or to sign electronically documents from us.
All notices and disclosures will be sent to you electronically
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure,we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process,please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Bozeman:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to:jolson@bozeman.net
To advise City of Bozeman of your new e-mail address
To let us know of a change in your e-mail address where we should send notices and disclosures
electronically to you, you must send an email message to us at jolson@bozeman.net and in the
body of such request you must state: your previous e-mail address, your new e-mail address. We
do not require any other information from you to change your email address..
In addition, you must notify DocuSign, Inc. to arrange for your new email address to be reflected
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by us to you electronically, you must send us an e-mail to jolson@bozeman.net and in the body
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number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Bozeman
To inform us that you no longer want to receive future notices and disclosures in electronic
format you may:
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state your e-mail, full name, US Postal Address, and telephone number. We do not need
any other information from you to withdraw consent.. The consequences of your
withdrawing consent for online documents will be that transactions may take a longer
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available to me by City of Bozeman during the course of my relationship with you.