Loading...
HomeMy WebLinkAbout24 - Professional Services Agreements - High Street Consulting Group, LLC - Bicycle and Pedestrian Gap Analysis Work Plan DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A is V 9x N �y co.y PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 16th day of April, 2024 ("Effective Date"), by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as "City," and, High Street Consulting Group, LLC,with a mailing address of 6938 Blenheim Court, Pittsburgh, PA, 15208, hereinafter referred to as "Contractor." The City and Contractor may be referred to individually as "Parry" and collectively as "Parties." In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 16th day of April, 2025, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services provided in the Budget document provided on March 18, 2024. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor's Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state, and local laws, ordinances, rules, Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 1 of 11 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A 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 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 2 of 11 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A 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 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 3 of 11 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A 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. Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 4 of 11 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A 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 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 5 of 11 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A Notice of Termination for City's Convenience. d. The compensation described in Section 9(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special,punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor's Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor's damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives and Notices: a. City's Representative: The City's Representative for the purpose of this Agreement shall be Candace Mastel or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City's Representative and approvals or authorizations shall be issued only by such Representative; provided,however,that in exigent circumstances when City's Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor's Representative: The Contractor's Representative for the purpose of this Agreement shall be Mark Egge or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor's Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 6 of 11 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A Representative; provided, however, that in exigent circumstances when Contractor's Representative is not available, City may direct its direction or communication to other designated Contractor personnel or agents. C. Notices: All notices required by this Agreement shall be in writing and shall be provided to the Representatives named in this Section. Notices shall be deemed given when delivered,if delivered by courier to Party's address shown above during normal business hours of the recipient; or when sent, if sent by email or fax (with a successful transmission report) to the email address or fax number provided by the Party's Representative; or on the fifth business day following mailing, if mailed by ordinary mail to the address shown above, postage prepaid. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances,rules,and regulations,obtain all necessary permits, licenses,including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13. Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers' compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services,programs, and activities offered or made available by the City. This includes ensuring that the City's communications with people with disabilities are as effective as its communications with others. If Contractor's Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 7 of 11 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104,MCA(the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants;DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.Department of Transportation (DOT)regulations governing anti-drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 8 of 11 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor's rights, including the right to compensation or duties arising hereunder,without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor's compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other parry'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 Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 9 of 11 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23. Survival: Contractor's indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 24. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 25. Severability: If any portion of this Agreement is held to be void or unenforceable,the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Consent to Electronic Signatures: The Parties have consented to execute this Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act, Title 30, Chapter 18, Part 1, MCA. 32. Extensions: This Agreement may,upon mutual agreement,be extended for a period of one year by written agreement of the Parties. In no case, however, may this Agreement run longer than two(2)years. Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 10 of 11 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A **** 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,MONTANAjocuSigned by:HIGH STREET CONSULTING,LLC s CONTRACTOR DxuSigned by: F 1 ORR A 4?:9 ®'S DocuSigned by: By By 1=AVlV, V UMMVS Chuck Winn,Acting City 7B13315E693049C... Print Name: Karin Demoors Print Title: Chief Financial Officer APPROVED AS TO FORM: DocuSigned by: By g -Bozeman City Attorney Professional Services Agreement for Bicycle and Pedestrian Gap Analysis Page 11 of 11 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A Exhibit A City of Bozeman Bicycle and Pedestrian Gap Anal s is Work Plan Mark Egge I Project Manager and GIS Lead 12 yrs.of experience w/Master of Information Systems Mark empowers great planning through data and technology. Mark leads _ High Street's GIS and data science offerings. He is an accomplished matchmaker between agency data, analytical tools, and the information I needs of planners,policymakers, and the public. Mark has developed regional and statewide GIS inventories of crosswalks,bicycle lanes, medians, and speed limits, and has led his team in developing and deploying countless project scoring and prioritization tools. Joe Gilpin I Planning and Prioritization Lead 22 yrs.of experience w/Master of Transportation Planning Joe is a national expert in bicycle and pedestrian facility design. Joe has been intimately involved in many of Bozeman's transportation planning projects since 2006 and has spent considerable time working with mapping data and identifying gaps and projects. Many of Joe's projects have featured project prioritization as a key deliverable and Joe has experience in both the qualitative and quantitative metrics that can inform a variety of methodologies. Kevin Ford, Ph.D. I Senior Advisor—Performance Based Planning and Programming 16 yrs.of experience w/Ph.D. in Civil Engineering Dr. Kevin Ford is a nationally recognized expert who leads High Street's Performance-Based Planning &Programming practice. Kevin is responsible for implementing innovative data-informed solutions to optimize performance outcomes for his clients. With a background in transportation engineering, planning, and data science, Kevin has applied his unique mixture of skills to produce technical solutions to complex problems and communicate them in a manner that inspires change while also empowering agency leaders to understand the performance implications of various policies. Ahjung Kim I GIS Scoring Tools Developer 14 yrs.of experience w/B.S. in Geography Ahjung is a software developer with 14 years of experience with geographic information systems. She provides digital solutions for mobile, web and desktop platforms. She has extensive experience with GIS application 1 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A development, field data collection projects, and administering and deploying solutions to ArcGIS Online and ArcGIS Enterprise. Itai Intrater I GIS Analyst 4 yrs.of experience w/Master of Geospatial Information Sciences Itai is a GIS analyst with experience in programming and transportation. He is proficient at creating user-friendly interfaces, generating walkable district boundaries, and updating web GIS tools. Itai is committed to using GIS and data analysis to improve the quality of life and accessibility of communities. He is passionate about creating innovative and sustainable solutions that address the challenges of urban planning and mobility. 2 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A ream Organizational Chart Street . . . L High Mark Egge Joe Gilpin Project Manager and GIS Lead Planning and Prioritization Lead I Kevin Ford I Senior Advisor Ahjung Kim I GIS Scoring Tools Developer Itai Intrater I GIS Analyst Figure 1 Organizational Chart High Street's proposed organization structure for this project is shown in Figure 5. Project Approach The High Street team's proposed approach mirrors the deliverables described in the RFP. We propose the following structure: Task 1: Inventory&Gap Identification. Using AI-derived and crowdsourced data, we'll produce for the city a data layer of existing bicycle and pedestrian infrastructure and a data layer of existing gaps in its bicycle and pedestrian infrastructure. Incorporating existing feature layers,we propose to produce new layers to supersede the city's existing layers. We will collaborate with city staff to provide clear definitions around gap types and ensure that our gap inventory includes both physical infrastructure gaps as well as experience gaps and desire line gaps. Task 2: Scoring &Prioritization Tool. Drawing on our industry-leading expertise in Performance- Based Planning and Programming and library of existing source code and GIS tools,we will advise on best practices for implementing a data-driven approach to project prioritization (including measure selection,weighting, and scoring), and develop and deliver to the city a GIS-based tool for project scoring and prioritization. Task 3: Prioritized Project List. Based on the gaps identified in Task 1,we will produce an list of projects to close all identified gaps. We'll work with the city project team to develop quantitative methods for existing prioritization criteria that can be used for automated scoring. Using the tool produced in Task 2,we will rank and prioritize the gap closure projects. Task 4: Project Report. To formalize the transition of the project deliverables to the city,we'll produce both a brief written report describing our methods and deliverables. We also propose to produce an Fsri StoryMap documenting the project and its deliverables. In the sections that follow we explain our proposed approach in greater detail. 3 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A Task 1 : Inventory &Gap Identification In this task, we'll establish a clear baseline of existing bicycle and pedestrian infrastructure and where gaps in that infrastructure exist. Sidewalk, Bike Lane, and Marked Crossing Inventory High resolution aerial imagery coupled with Artificial Intelligence and sophisticated processing algorithms can cost effectively identify existing infrastructure across large geographic areas. Ecopia is a leading and cost-effective provider of infrastructure inventories using aerial imagery and its proprietary AI and algorithms to produce accurate and cost-effective inventories of roadway elements including sidwalks and bicycle lanes. Ecopia's industry-leading Al detection models are coupled with advanced processing algorithms and information from complementary data sources (including OpenStreetMaps) to make smart inferences that improve the accuracy of its AI-derived locations. At the outset of this task High Street will contract Ecopia to produce three data layers using Bozeman's 2023 7.5cm resolution aerial imagery: 1) Sidewalks. Polyline representation with width attribute. 2) Bicycle lanes and shared use paths. Polyline representation with type attribute. 3) Painted pedestrian crosswalks. Polyline representation. In total, we estimate that Bozeman has more than 500 miles of sidewalks. Ecopia provides a cost- effective method to produce an inventory of all sidewalks within city limits. This service is included within our proposed scope, and we have allocated for its cost in our internal budget. Ecopia's process typically takes three to four weeks. The resulting layer linework will represent the actual geographic locations and alignments and include key attributes like width (sidewalks) and type (bike lanes). Based on our prior experience using Ecopia data, we've found that the outputs from Ecopia's processing are good but not perfect. We will manually review the outputs of the Ecopia processing against existing data layers, data validation rules, and our own knowledge of existing conditions, and make corrections as necessary. The resulting infrastructure data layers will be reviewed for quality and completeness. We will ensure the data layers conform to inventory standards provided by the City of Bozeman. As necessary, we will compliment these standards with bicycle and pedestrian data schema guidance from the NationalBikewayNetworkand emerging recommendations from the Bicycle, Pedestrian, and Accessibility Infrastructure Data Working Group convened by the Bureau of Transportation Statistics (BTS). With the benefit of a complete inventory of existing infrastructure, we will proceed to gap identification. Mark Egge will be the primary liaison between Ecopia,the consultant team, and the City. Itai Intrater will take primary responsibility for manual review of the Ecopia outputs against existing GIs resources, and Mark Egge will review for accuracy and completeness. Gap Definition Before identifying gaps,we will first work with the City's project team to define the gaps to be identified. 4 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A We propose to meet with the City's project team and any relevant stakeholder groups (GVLT, etc.) to collectively define and accept the methodology for the identification of gaps within the City of Bozeman. Past experience with similar projects has shown that cities around the country have different understandings of what constitutes a gap and how it should be accounted for within the planning process. Based on our team's extensive experience working with Bozeman transportation planning projects we believe the following types of gaps may be useful to be independently identified and tracked throughout the project. 1. Sidewalk Gaps — Streets in Bozeman that lack sidewalk on one or both sides of the street. 2. Area Gaps — Full neighborhoods or areas that have few to no sidewalks (such as the New Hyalite View subdivision) or areas that lack any comfortable bicycle facilities (such as Downtown Bozeman). 3. Lineal Gaps — Longer sections of street or missing segments of trail or shared use path that create gaps between existing built facilities. 4. Planning Gap — Sections of disconnected,but previously planned transportation facilities, such as within future subdivisions or to be included with future roadway improvement projects. Such facilities should not necessarily be included within the Lineal Gap category as they would typically not be implemented as an exclusive project targeted solely at active transportation users. (Alternatively, an attribute for lineal gaps indicating if the gap may be filled with developer, MDT road improvement projects or other CIP level identified projects, or if the gap would need to be filled with a unique active transportation specific project.) 5. Fxperiential Gap — Fxisting sections of street or trail which do not offer as comfortable or attractive an experience as upstream and downstream segments. This may result in some types of users to not travel due to a reduction in experience quality. Fxamples could include a shared use path terminating and reappearing along a street, or a bike lane dropping to a shared lane. Identifying these gaps will rely on the existing Level of Traffic Stress (LTS) data layer developed during the 2017 TMP. 6. Spot Gap — Key focal points, such as short sections of missing bike lane or trail, crossings or intersections that lack appropriate accommodations for comfortable pedestrian or bicycle travel. We will meet with the City project team to formalize and revise these gap definitions. Joe Gilpin will lead the process of defining gap types. Gap Identification Once accepted definitions are agreed upon, the project team will use GIS processing and manual review to identify these gaps. We will combine the newly created inventory of sidewalks and bicycle facilities with the team's advanced GIS analytics capabilities to automatically scan and identify gaps. Automated evaluations will include: 1. Scan of roadways without sidewalks. Using the city's existing roads GIS layer,we'll buffer the roadway features and intersect with the sidewalks layer. Divided roads should match 5 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A with one sidewalk or shared use path. Undivided roads should match with two sidewalks or shared use paths. Where these conditions are not a met, a gap is identified. This approach will be used to quickly identify local streets lacking sidewalks (e.g. the "Tree Streets"). 2. Scan of active transportation activity without corresponding infrastructure. Strava Metro provides a rich dataset of active transportation data. Although heavily overrepresenting recreational users and uses, Strava Metro can be used to identify locations that exceed a threshold quantity of foot or bicycle activity that do not match with i) a sidewalk or shared use path for foot activity; or, ii) a bike lane, shared use path, or low level of traffic stress roadway for bicycle activity. Strava Metro data uses OpenStreetMap (OSM) segments as its underlying GIS representation. We have extensive experience conflating between OSM and local GIS layers. The purpose of the automated evaluation is to be as exhausted as possible in gap definition. With the benefit of automation,we will be able to identify where whole neighborhoods are missing sidewalks or where long segments of higher functional class roads (e.g. Main Street) lack bicycle facilities. Once the automated process is complete, the consultant team will review the identified gaps and correct or remove errors or omissions from the automated processing. To aid our verification, we will review the outputs against the existing gap identification data layers (e.g. the Neighborhoods Lacking Sidewalks layer from the 2017 TMP, the PRAT project list, etc.) and knowledge of the area. Where necessary, we will manually add or remove additional gaps based on the gap defmitions established earlier in this task. The gaps will be mapped as GIS features. Lineal gaps will be represented as polylines. Area gaps will be represented as polygon overlays. Spot gaps will be represented as points or polylines. Ahjung Kim will lead the automated GIS gap identification, with support from Itai Intrater. Mark Egge will provide quality oversight and review. GIS Data Layer &Review The inventory data will be equal in extent to the coverage of the City's 2023 Aerial Imagery. Having prepared draft inventory and gap data layers, the draft layers will be shared with the City of Bozeman project team for review. Our review of gaps will be limited to the outer extent of current city limits, with clear delineation of facilities and gaps that exist within Gallatin County inholdings. Gaps within county inholdings will be included in our gap inventory, and can be included or excluded from subsequent analysis at the City's direction. At the City of Bozeman's direction,we are prepared to also share the draft data layers with other stakeholders (e.g. GVLT, WTI, Gallatin County, Streamline, etc.) for review and comment, if desired. We have not included any public outreach in our proposed approach, but are prepared to support the City if it desires to launch a public Engage Bozeman map with the gaps to identify other missing gaps and barriers or to facilitate the prioritization process. The objective would be to allow an easily imported public input layer into the ultimate tool described in Task 2. 6 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A The GIs bicycle and pedestrian infrastructure feature layers produced will be intended to be contiguous, such that the features could ultimately be (as part of a future project) combined into a routable network. Aroutable network makes possible many types of advanced analytics such as accessibility and connectivity analysis and travel demand modeling which can be used for future planning or prioritization. The data layers will be provided in the format specified in the RFP (Esri file geodatabase in UTM and State Plane coordinate systems). Mark Egge will lead the review and submission of the GIs feature layer deliverables, including the inventory of bicycle lanes and facilities; the inventory of sidewalks; and, the draft and final inventory of gaps therein,with support from Itai Intratier. Deliverables we'll submit: (1) Updated GIs inventory of active transportation facilities; (2) Memo and meeting to finalize gap definitions; (3) Draft and final GIs features of identified gaps using definitions and existing conditions. Task 2: Scoring &Prioritization Tool Prioritization Criteria &Weights As part of the RFP document for this project the City provided a list of prioritization criteria within the RFP Appendix C. After review, our project team confirms that the overall Criteria are in line with peer city best practices,however the elements and questions within each criterion are decidedly qualitative, labor intensive to create and update, and, in some cases, subjective. Our team proposes to create a memorandum summarizing various qualitative and quantitative measures that peer cities have employed to prioritize gaps and projects within their active transportation systems. This memo will also provide examples of entirely data-driven methodologies that would rely primarily on spatial data and analysis and would not use qualitative or subjective processes that would be more time intensive in the future should city staff wish to update the prioritization process. (See Table 1 Scoring Logic for Automation on Page Error! Bookmark not defined. for more details.) Shortly following distribution of the memo, our project team proposes to engage with City staff and key stakeholders to review the contents of the memo and identify the preferred prioritization criteria and methodology. The goal of this meeting is to identify the ideal criteria and methodology for Bozeman; one that provides both meaningful outputs, supports automation, and preserves the ability of city staff to update the results in the future. Weighting Methods: Weighting performance measures enables agencies to align performance measures with agency goals and to make tradeoffs between competing objectives (e.g. quality vs. quantity) and implementation of multi-objective decision analysis. 7 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A Least time intensiveConsensus - Delphi .. -. - - Swing Weighting Rankings Directly rank Directly Pairwise Pairwise projects set weights comparison of comparison of criteria projects Figure 2 Typical Weighting Options High Street frequently assists agencies in establishing weights for their project evaluation criteria. Common methods employed for establishing weights are summarized in Figure 7. Our team has experience with each of these methods. For this project we recommend directly setting weights by consensus among subject matter experts based on their assessment of measure outcome importance. We will provide draft weights for initial scoring and then revise these weights with the City's subject matter experts in the Task 3 workshop. The provided tool will make it easy to adjust weights in the future based on ranking outcomes or based on a future AHP or Swing Weighting exercise (which we typically subcontract out and could offer as an optional addendum). Joe Gilpin will draft memo content describing best practices among peer cities. Kevin Ford will contribute content for establishing weights. Mark Egge will review existing measures and draft recommended calculation procedures based on existing data to automate the City's existing measures. Tool Development Over the past five years High Street has developed and implemented more than a dozen prioritization tools for transportation agencies. This experience enables us to cost effectively provide the City of Bozeman with scoring and prioritization tools that conform to national best practices as part of this project. Based on the outcome of staff and stakeholder engagement our team will provide a flexible and scalable platform for scoring spatial features for bicycle and pedestrian infrastructure need and prioritizing candidate improvements. Our approach is flexible, though we anticipate that the High Street team will develop and deliver a geoprocessing toolbox designed to be run from within Esri's ArcGIS Pro desktop geographic information systems (GIS) software. The toolbox will contain tools for project scoring, analysis, and prioritization using a simple, user-friendly interface. Each tool contained within the toolbox will be written in Python. This design will allow the toolbox and embedded tools to be shared easily across the organization with seamless integration into ArcGIS. Project Scoring and Prioritization Process Figure 8 shows a typical project scoring process,which begins by applying each scoring criteria to every GIS feature contained within the data layer being scored. Project scores can be assigned either with automated scoring tools or with scores provided by subject matter experts. Each performance measure produces initial scores known as rawscores. Raw scores are normalized to a 0— 100 range, and the measures weights are multiplied by the normalized scores to produce a project score or composite score. 8 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A • • • • Calculate Raw • Compute rGeneratle • Scores Normalize Scores Apply Weights Composite . . L- --A Figure 3 Typica I Project Scoring Process Raw score values each have their own unique ranges, e.g. a binary 0/1 score for"overlaps with a PRAT Plan route"versus a count of residents living within a half mile of the proposed project. To allow apples-to-apples comparison between raw score ranges,the raw scores will be normalized to a 0— 100 scale. Normalization logic may include clipping extreme values or log transformation before being scaled based on business logic suggested by the consultant team and endorsed by the City. The outcome will be normalized score values than can be weighted and compared across prioritization criterion. Geoprocessing 4 X Geoprocessing 4 X Q 3.Score Raw Measures Q @ 5.Compute Composite Scores Parameters Environments C?) Parameters Environments Q *Candidate Data Layer ►Candidate Data Layer *Select a program *Default Buffer Size ©❑Bridge Condition Arterial Weights ©I]Pavement Condition Field Name Weight ©I]Transit Propensity Index norm_crash_rate 0.125 ©I]Volume Capacity Ratio norm_serious_fatal_crash_rate 0.125 02 Current Employment Density Iorm_current_maz_employment�I0.075 ©O Current Population Density Lorm_future maz_employment--]1 0.05 ©O Future Employment Density normcument maz_population--] 0.075 OR Future Population Density normfuturemazpopulation 0.05 ©.❑Planning Time Index norm-planning-time index 0.1 ©(]Truck Planning Time Index norm_Mement_condition 0.05 ©✓❑Travel Time Index norm_bridge_condition 0.05 ©R)Truck Travel Time Index [norm_travel_time_index J 0.15 © )Crash Rate rnorm_volume_capacity 0.15 ©(]Serious Injury and Fatal Crash Rate sum 1 Figure 4 Example GIS Geoprocessmg Tools for Scoring Once normalized scores have been generated for prioritization criterion, a composite score can be calculated for each feature by applying the measure weights to the normalized score values and calculating the prioritization criterion total. The composite score, in turn, is used for project ranking and prioritization. 9 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A Toolbox GIS Infrastructure &Design The toolbox and tools within will be ArcGIS Online/ArcGIS Enterprise designed to use either an ArcGIS Online or ArcGIS Enterprise instance as the foundation platform. Weight values will be adjustable on-the- Hosted Resources fly so that users can experiment with ��, T,n� different scenarios (e.g. Figure 9). The toolbox and tools will be designed to work with local feature classes or hosted Toolbox I Local Resources feature classes on ArcGIS Online or ArcGIS Pro ArcGIS Enterprise. \\ - The scoring toolbox will be used v internally for Task 3 and delivered to City of Bozeman staff for training and testing. Ahjung Kim will lead the tool development and operation with support from other High Street staff. Deliverables we'll submit: (1) Prioritization Criteria Memo; (2) Project scoring geoprocessing toolbox. Task 3: Prioritized Project list Our team will use the finalized prioritization methodology to score and rate each of the identified gaps. Gaps included within the PRAT project list will be attributed as such (and any differences reconciled with direction from the city). Project scores can then be sorted either against each other, or categorized within specific project categories. For example, it may be better to rate on- street bikeway projects against each other separately of shared use path or trail projects due to the differences in funding streams and departments involved. Similarly, spot gap projects (such as intersections and crossings) may be better to compare against each other rather than against a lineal project. We will work collaboratively with city staff to score gaps using the existing criteria provided in the RFP Appendix C. With some light modification many of the exiting criteria can be automated. As an example, possible automations for existing measures under the Safety, Equity and Public Input criteria are suggested in Table 1. We would work with the city to refine these suggested data driven implementations of existing measures and define similar approaches for the remaining criteria. Once automation procedures are identified and agreed upon, High Street staff will implement the measures in the Scoring and Prioritization Tool for those measures where the necessary GIS feature layers are available. We characterize this approach to project scoring as a "needs analysis"to the extent that we are scoring gaps based on existing conditions, rather than benefits (and costs) of a particular project to address an existing deficiency. This type of needs analysis is a useful basis for choosing which projects warrant the engineering effort to scope. Per the City's instructions,we will identify existing gaps, but leave selection of treatments or facilities as future work for City engineering staff. Without having specific project scopes (e.g. 10 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A crossing gap could be addressed with a painted crosswalk, a raised crosswalk, an RFFB, or a tunnel—treatments with very different costs and benefits), we will instead score based on data about the needs (such as nearby demand, connectivity enabled, etc.) of a particular location based on the City's existing criteria. It is likely that a first run of the prioritization methodology may result in lists of projects that score in an order that provides unexpected results. An example might be a long-desired community project that rates lower in the rankings than expected. Ahjung Kim will apply the scoring tools developed in the previous task. As necessary, Mark Egge and Itai Intrater will assist with gathering and preparing supporting data layers. Kevin Ford will provide oversight of the scoring and weighting process. Upon completion of the first run of the scoring and prioritization methodology,we propose an in- person workshop with the City project team to: 1. Finalize Performance Measure Weights. We will facilitate a conversation among the project team to establish criteria and measure weights by consensus. Once weights are established, the projects will be rescored in real time with new weights using the Task 2 Scoring and Prioritization Tool. 2. Review results of the initial prioritization. 3. Discuss any desired revisions to the methodology,measures, or measure calculation procedures. This is an opportunity to validate the methodology and determine if it is producing overall results that match the expectations of City staff and key stakeholder groups. If needed, the project team can adjust the methodology based on feedback to produce the final methodology. Once the scoring methodology is agreed upon and adopted,we will apply the methodology to create a complete list,by facility type (i.e., sidewalks, shared use paths,bicycle lanes, and intersection and mid-block crossings at arterial and minor arterial streets), of prioritized projects for the next five (5) years based on the analysis tool. Joe Gilpin will lead the planning and execution of the scoring workshop and attend in person along with Mark Egge. Mark Egge will be responsible for delivery of the scored and ranked gaps. Deliverables we'll submit: (1) Documentation of measure scoring methodology for automated measures; (2) In-person workshop to refine process after initial scoring and ranking; (3) Complete list of scored and ranked projects. Task 4: Project Report The High Street team will produce a succinct written report summarizing the project, its objectives,methods employed, spatial data layers produced (including additional metadata, as necessary), key decisions made, and top-ranked projects/gaps. The report will document recommendations for updating and maintaining the data layers over time and for repeating the scoring procedures. The team will prepare and provide a user guide for the Scoring and Prioritization Tool geoprocessing toolbox as well. We will provide training and instruction for city GIs or engineering 11 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A staff on operating the tool and a high-level overview of how the tool is built and organized should the City desire to modify or extend the tool in the future. Finally, to memorialize the project and its outputs in a visual, engaging, and accessible manner (which can optionally be shared with the public), the consultant team will develop an Esri StoryMap that summarizes the project and presents the key project deliverables. Mark Egge will coordinate drafting of the project report, with content written and contributed by the respective contributors. Ahjung Kim will draft the user guide. High Street's Mackenzie Bartek will provide layout and graphic design support for the written report and StoryMap, and High Street's Joe Crossett will review for quality. Mark Egge will publish the GIS resources for the StoryMap and Joe Gilpin will draft the content. Deliverables we'll submit: (1) Concise written report summarizing project approach, guidance on project weighting system, and best practices to support methodology; (2) User guide for Scoring and Prioritization geoprocessing tools; (3) Interactive Esri StoryMap project summary. Work Plan Resource Summary Task 1 Task 2 Task 3 Task 4 Taw Inventory Analysis Prioritized Report Tool Project Personnel Labor Category Role Hours Hours Hours Hours Hours High Street Egge,Mark Director Project Manager 60 16 16 8 100 Kim,Ahjung Senior Consultant II Senior Software Developer 4 60 4 4 72 Intrater,Itai Consultant II GISAnalyst 80 0 24 12 116 Bartek,Mackenzie Senior Consultant I Graphic Designer 0 0 0 8 8 Crossett,Joe Partner Quality Control Officer 1 1 0 1 3 Bott,Ash Iey SeniorAdmin Support ll Administrative Support 2 1 1 2 6 Ford,Kevin Partner PBPP SME 2 2 8 2 14 High Street Labor Total 149 80 53 37 319 Gilpin,Joe Director Senior Bike/Ped Planner 80 24 60 12 176 Subcontractor Labor Total 80 24 60 12 176 Total Labor 229 104 113 49 495 12 DocuSign Envelope ID:C9CAFEF1-2244-450B-8019-E513B626606A Bozeman MT Bike Ped Gap Analysis High Street Consulting Group Date Developed 3/18/24 Start Date 4/1/24 End Date 2/28/25 Task I Task 2 Task 3 Task 4 Inventory Analysis Tool Prioritized Project List Report Personnel Labor Category Role Rate Hours Dollars Hours Dollars Hours Dollars Hours Dollars Hours Dollars High Street NJ Egge,Mark Director Project Manager $230 60 $13,800 16 $3,680 16 $3,680 8 $1,840 100 $23,000 Kim,Ahjung Senior Consultant ll Senior5oftwareDeveloper $165 4 $660 60 $9,900 4 $660 4 $660 72 $11,880 Intrater,ltai Consultantll GIS Analyst $125 80 $10,000 0 $0 24 $3,000 12 $1,500 116 $14,500 Bartek,Mackenzie Senior Consultant Graphic Designer $135 0 $0 0 $0 0 $0 8 $1,083 8 $1,083 Crossett,Joe Partner Quality Control Officer $338 1 $338 1 $338 0 $0 1 $338 3 $1,015 Bott,Ashley Senior Admin Support I I Quality Control Officer $157 2 $315 1 $157 1 $157 2 $315 6 $944 Ford,Kevin Partner Quality Control Officer $302 2 $603 2 $603 8 $2,412 2 $603 14 $4,222 High Street Labor Total 149 $25,716 80 $14,679 53 $9,910 37 $6,339 319 $56,643 Joe Gilpin Consulting Gilpin,Joe Director Senior Bike/Ped Pla nner $220 80 $17,600 24 $5,280 60 $13,200 12 $ 2,640 176 $38,720 Subcontractor Labor Total 80 $17,600 24 $5,280 60 $13,200 12 $ 2,640 176 $38,720 Total Labor 229 $43,316 104 $19,959 113 $23,110 49 $ 8,979 495 $95,363 ODCs Description Postage and Printing $0 Software Ecopia Sidewalk and Bike Lane Inventory $3,580 Lodging $0 Airfare $550 Ground Transport $257 Meals $250 ODCs Total $4,637 TOTAL $100,000 DocuSign Certificate Of Completion Envelope Id:C9CAFEF1224445OB8019E513B626606A Status:Completed Subject:Complete with DocuSign:PSA_Bicycle_and_Pedestrian_Gap_Analysis.pdf Source Envelope: Document Pages:24 Signatures:3 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 4/17/2024 10:23:13 AM Mmaas@bozeman.net Security Appliance Status:Connected Pool:StateLocal Storage Appliance Status:Connected Pool:City of Bozeman Location: DocuSign Signer Events Signature Timestamp Karin Demoors aYtt& vt,*666° Sg dby Sent:4/17/2024 10:32:05 AM demoors@highstreetconsulting.com E Resent:4/18/2024 4:09:09 PM Partner 7E13315E6e3049C Viewed:4/18/2024 4:16:16 PM Security Level: Email,Account Authentication Signed:4/18/2024 4:16:27 PM (None) Signature Adoption: Pre-selected Style Using IP Address:35.139.82.226 Electronic Record and Signature Disclosure: Accepted:4/17/2024 12:34:00 PM ID:5aee1251-1ef7-41ec-9788-3ac98986ee28 Greg Sullivan E876992ACgACA44B DocuSigned by: Sent:4/18/2024 4:16:28 PM gsullivan@bozeman.net SASViewed:4/22/2024 8:25:23 AM Bozeman City Attorney Signed:4/22/2024 8:25:35 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:4/22/2024 8:25:23 AM ID:86eeaeOf-61a2-4b7b-81b8-93174db85ede Chuck Winn ED—Sig-dby: Sent:4/22/2024 8:25:36 AM IIcwinn@bozeman.net 6 .. g 9hv" Viewed:4/23/2024 8:57:04 PM 9 Y Manager Actin City Mana Signed:4/23/2024 8:57:17 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:4/23/2024 8:57:04 PM ID:c7353875-47c6-42fa-8632-50e3773f9777 Mike Maas Sent:4/23/2024 8:57:19 PM mmaas@bozeman.net Viewed:4/26/2024 10:44:35 AM City Clerk .9, Signed:4/26/2024 10:44:43 AM City of Bozeman Security Level: Email,Account Authentication (None) Using IP Address:69.145.83.100 Electronic Record and Signature Disclosure: Signer Events Signature Timestamp 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 Candace Mastel COPIED Sent:4/26/2024 10:44:45 AM cmastel@bozeman.net Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:3/25/2022 4:34:43 PM ID:311cba02-78f8-4cfc-a716-a6f5988b241f Alex Newby COPIED Sent:4/26/2024 10:44:46 AM anewby@bozeman.net Deputy City Clerk City of Bozeman Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:4/1/2024 10:22:16 AM ID:3e8415b5-e656-4971-8e88-e1949020dd39 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 4/17/2024 10:32:05 AM Envelope Updated Security Checked 4/17/2024 3:13:53 PM Envelope Updated Security Checked 4/17/2024 3:13:53 PM Envelope Updated Security Checked 4/17/2024 3:13:53 PM Envelope Updated Security Checked 4/17/2024 3:13:53 PM Envelope Updated Security Checked 4/17/2024 3:13:53 PM Certified Delivered Security Checked 4/26/2024 10:44:35 AM Signing Complete Security Checked 4/26/2024 10:44:43 AM Completed Security Checked 4/26/2024 10:44:46 AM 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:Karin Demoors,Greg Sullivan,Chuck Winn,Mike Maas,Candace Mastel,Alex Newby 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 in your DocuSign account by following the process for changing e-mail in the DocuSign system. To request paper copies from City of Bozeman 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 jolson@bozeman.net 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 City of Bozeman To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to jolson@bozeman.net and in the body of such request you must 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.. Required hardware and software Operating Windows® 2000, Windows®XP, Windows Vista®; Mac OS®X Systems: Final release versions of Internet Explorer® 6.0 or above (Windows only); Browsers: Mozilla Firefox 2.0 or above (Windows and Mac); SafariTM 3.0 or above (Mac only) PDF Reader: jAcrobatV or similar software may be required to view and print PDF files Screen 800 x 600 minimum Resolution: Enabled Security Allow per session cookies Settings: ** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta)versions of operating systems and browsers are not supported. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the `I agree' button below. By checking the `I agree' box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC CONSUMER DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify City of Bozeman 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 City of Bozeman during the course of my relationship with you.