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HomeMy WebLinkAbout07- Amendment #1 South 19th & College ~- Montana Department of Transportation ___ Jim Lynch, Director serv/rg you wKh pr/de 2701 Prospect Avenue Brian Schweitzer, Governor August 27, 2007 PO Box 201001 /~ Helena MT 59620-1 00 1 _ ~;\ ~ ~,~'~\ Debra Arkell Director of Public Service 411 E. Main St. P.O. Box 640 Bozeman, MT 59771-0640 Subject: AMENDMENT ONE to Memorandum of Understanding CM 1201 ~9) CN 4918 South 19t & College -BZMN Enclosed are two originals of Amendment One to the Memorandum of Understanding (MOU) for the project South 19th & College -BZMN, project number CM 1201(9). Please provide to the appropriate local officials for review. If the amendments are found to be acceptable, please obtain the necessary signatures, returning all copies to me. The remaining MDT signatures will be obtained and a fully executed original will be returned to you for your files. If you have any questions please contact me at 444-7252. ~y~ Zia Kazimi, Supervisor Special Studies Section Enclosures(2) copy: without enclosures Jeff Ebert, District Administrator, Butte Dick Turner, Chief, Multimodal Planning Bureau project file -X65.13.04 An Equol Opportunity Employer AMENDMENT ONE SOUTH 19TH & COLLEGE - BOZEMAN CM 1201(9) - CN 4918 BETWEEN THE MONTANA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BOZEMAN The undersigned parties, the City of Bozeman hereinafter called the City and the Montana Department of Transportation hereinafter called the State, hereby agree and acknowledge that the SOUTH 19th & COLLEGE - BOZEMAN project's Memorandum of Understanding, entered into February 25, 2002, is amended as follows: 1) Third Whereas, Page 1 of the original agreement is replaced with the following: WHEREAS, this project is eligible for up to $1,785,715 of federal funding under the Montana Air & Congestion Initiative (MAGI) -Discretionary Program, with additional federal funding available through the STP Urban Program and high growth allocations; and, 2) Seventh Whereas, Page 1 of the original agreement is replaced with the following: WHEREAS, the financial participation will be 86.58% federal and 13.42% State for the project development, plan review, construction bid package development, construction, construction engineering, right of way acquisition and incidental construction: and, 3) Eighth Whereas, Page 1 of the original agreement is replaced with the following: WHEREAS, the City is responsible for making STP Urban program and. high growth allocation funds available for Construction, Construction Engineering, Right of Way and Incidental Construction activates as necessary (Refer to Section D for funding specifics); and, 4) Ninth Whereas, Page 2 of the original agreement is replaced with the following: WHEREAS, It is understood that all costs associated with the project in excess of $2,062,501 will be financed by the City, using federal STP Urban funds, and high growth allocation funds, if available, or an alternate funding source; and, 5) Item D PROJECT FUNDING. section 1, 3 and 4 of the original agreement is replaced with the following: The funding for this project is $2,062,501 MAGI-Discretionary Program funds. Necessary funding above this amount will be provided by federal STP Urban program funds and high growth allocation funding if available, or an alternate funding source. The State will provide federal funds up to a maximum of $1,785,715 in MACI- Discretionary Program funds and the remaining amount will be provided through the federal STP Urban program and high growth allocation funds. 3. MALI-Discretionary Program funds are available for the Preliminary Engineering (PE), Construction (CN), and Construction Engineering (CE) phases of the project. STP Urban program and high growth allocation funds will be used for CN, CE, Right of Way (R/W), and Incidental Construction (IC) phases as necessary for the construction of the project. 4. All costs exceeding $2,062,501 are the responsibility of the City. Federal STP Urban program and high growth allocation funds can be used to cover costs exceeding $2,062,501 subject to availability and adherence to Program requirements, or an alternate funding source can be used. 6) Item F. and all sections contained under Item F., Page 3, of the original agreement is replaced with the following: The City will be billed in advance for its portion of the estimated required match (13.42%) of the total estimated construction costs, construction engineering costs, indirect costs, and City- applicable costs of the project at least sixty (60) days before bid opening. Although the anticipated expenses will have been discussed with City representatives before that time, the State will provide a detailed breakdown of all estimated project costs with the billing. The billed amount includes the applicable required pro-rata match for Preliminary Engineering (PE) associated with the intersection improvements. PE costs accrued after submitting the bill to the City will be included either in a change order billing or in the final billing. The City will submit payment to the State within thirty (30) days of billing. The State will not proceed further with the project's development if payment is not made within that time. If the federal government requires a reimbursement or return of any federal funds because a project doesn't advance due to the City's failure to make any scheduled payment, the City agrees that it will reimburse the State for those federal funds within thirty (30) days of billing. If, after initial payment is made, bid opening or contract award by the State is delayed or postponed by 30 days or more, or canceled for any reason, the State agrees to immediately refund the City's initial payment upon the City's request. If the lowest acceptable bid exceeds the State's estimate by more than 10%, the City and State will confer and decide whether or not the project will be awarded, since the City is also responsible for the cost increase. If the City does not concur, the project will not be awarded. If the City does concur, the project will be awarded and the City will be billed for the amount exceeding the initial payment. The City will pay that amount within thirty (30) days of the billing. If the City's share of the cost of the awarded project exceeds the amount paid by the City, the City may determine if other eligible federal funds are available and reach an agreement with the State to allocate those funds to pay the excess. If other federal funds are not available, the City will pay the excess as stated above. The contact for billing, accounting and change order questions for the City shall be: Bozeman -City Engineer P.O. Box 1230 Bozeman, MT 59771-1230 The parties understand that it is possible that the estimate may be exceeded once construction is begun, and any change orders, increases, or unforeseen expenses applicable to the City's portion of the project will be borne by the City. The State will inform the City, and as early as possible, of anything that appears will result in a cost increase, and will discuss the need for any possible 2 change order with the City. But it is agreed that the City does not have the ability to veto or delay, or refuse to pay for, any change orders deemed necessary by the State. The City's portion of the cost of any change order will be billed as early as it can be readily determined, and will be due and payable by the City within thirty (30) days of the statement. Within six (6) months after the project has been finally accepted with the final costs submitted, the State will submit a final statement to the City. The final statement will provide details of any expenses that maybe identified as "miscellaneous". The final statement will include a refund of unspent portions of the City's initial payment, payable to the City in an amount equaling the difference between that payment and the City's share of the final costs. If the final statement exceeds the City's payments thus far, the City will remit to the State within thirty (30) days of the final statement the difference between City's share of final costs and City's earlier payment. If payment is not made within that thirty (30) day period, interest on the unpaid amount will accrue at the rate of 10% per year, and continue to accrue until paid in full. If the City is billed for additional funds, MDT will not participate in any future funding agreements with the City until full payment, including interest, is received from the City. Payments to this project will be coordinated through MDT's Administration Division (to be directed to the State's Accounts Receivable Collections Technician and Accounting Systems Operations Supervisor). Payments to this project will be provided to the above State staff in the form of a check to be credited to this project. Section 17-1-106, MCA, requires any state agency, including MDT that receives non-general funds to identify and recover its indirect costs. These costs are in addition to direct project costs. The MDT's indirect cost rate is determined annually as a percentage of the project's direct costs to cover the project's share of MDT's indirect costs as defined by OMB Circular A-87. MDT's current indirect cost rate is 12.25% for fiscal year 2008 (July 1, 2007 to June 30, 2008). For this project, indirect costs will be charged to the federal funding and the required local match. MDT will bill the City the indirect costs applicable to the local match. [Note: If this project extends across more than one fiscal year, more than one annual rate will be involved, as the rates may change during the life of the project.] Preliminary Engineering (PE) and Right of Way (R/W) costs charged against this project will not be subject to indirect costs due to the PE and R/W phases already being open and active. Indirect costs will be charged on the remaining phases. 7) Attachment B (NON-DISCRIMINATION NOTICE) to be replaced by the following: NON-DISCRIMINATION NOTICE During the performance of this Agreement, the City (hereafter in this Section "the Party"), for itself, its assignees and successors in interest, agrees as follows: A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS (1) Compliance with Regulations: The Party shall comply with all Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, 49 Code of Federal Regulations (CFR), Part 21, as they maybe amended (hereafter referred to as the Regulations), which are incorporated by reference and made a part of this Agreement, even if only state funding is here involved. (2) Nondiscrimination: The Party, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of sex, race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Sec. 21.5. (3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, whether by competitive bidding or negotiation by the Party for work to be performed under a subcontract, including procurement of materials or leases of equipment, any potential subcontractor or supplier shall be notified by the Party of the Party's obligations under this Agreement and the Regulations relative to nondiscrimination. (4) Information and Reports: The Party will provide all reports and information required by the Regulations, or directives issued pursuant thereto, and permit access to its books, records, accounts, other sources of information and its facilities as maybe determined by State or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with Regulations or directives. Where any information required of the Party is in the exclusive possession of another who fails or refuses to furnish this information, the Party shall so certify to the Department or the FHWA as requested, setting forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Party's noncompliance with the nondiscrimination provisions of this Agreement, State may impose sanctions as it or the FHWA determines appropriate, including, but not limited to, (a) Withholding payments to the Party under the Agreement until the Party complies, and/or (b) Cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: The Party will include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Party will take such action with respect to any subcontract or procurement as the State or the FHWA may direct to enforce such provisions including sanctions for noncompliance: Provided, however, that in the event the Party is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction, the Party may request the State to enter into the litigation to protect the interests of the State, and, in addition, the Party or the State may request the United States to enter into such litigation to protect the interests of the United States. B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, SEC. 49-3-207, MCA In accordance with Section 49-3-207, MCA, the Party agrees that for this Agreement all hiring will be made on the basis of merit and qualifications and that there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the Agreement. 4 C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) (1) The Party will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT. (2) The Party will incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: "The Party will provide reasonable accommodations for any known disability that may interfere with a person in participating in any service, program or activity offered by the Party. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information call the Party." (3) All video recordings produced and created under contract and/or agreement will be closed-captioned. D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS, 49 CFR PART 26 Each Agreement the Department signs with a Party (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The Party, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Party shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Party to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate The agreement between the City and State executed February 25, 2002, as amended herein, constitutes the entire agreement between the parties and no statement, promises or inducements made by either party, or agents of either party, which are not contained in the written agreement is binding or valid. This amendment is necessary to reflect the increased level of funding and method of payment in the memorandum of understanding between the State and City. All other terms, conditions, requirements, and specifications remain as stated in the original agreement. IN WITNESS WHEREOF, the Director of Transportation's authorized representative has signed on behalf of the State, and the City Manager, on behalf of the City, has signed and affixed hereto the seal of the City. DATED this day of , 2007 STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION Jim Lynch, Director of Transportation BY Loran Frazier, P.E. Chief Engineer, Engineering Division ATTEST City Cler APPROVED FOR LEGAL CONTENT City Official BY ~ ~/"r. ~°~1 City Manager By: ~~ i~ Bozeman -City a.~+H a`-~~y 6 AND CIVIL RIGHTS CONTENT AMENDMENT ONE SOUTH 19TH & COLLEGE - BOZEMAN CM 1201(9) - CN 4918 BETWEEN THE MONTANA DEPARTMENT OF TRANSPORTATION AND THE CITY OF BOZEMAN The undersigned parties, the City of Bozeman hereinafter called the City and the Montana Department of Transportation hereinafter called the State, hereby agree and acknowledge that the SOUTH 19th & COLLEGE - BOZEMAN project's Memorandum of Understanding, entered into February 25, 2002, is amended as follows: 1) Third Whereas, Page 1 of the original agreement is replaced with the following: WHEREAS, this project is eligible for up to $1,785,715 of federal funding under the Montana Air & Congestion Initiative (MAGI) -Discretionary Program, with additional federal funding available through the STP Urban Program and high growth allocations; and, 2) Seventh Whereas, Page 1 of the original agreement is replaced with the following: WHEREAS, the financial participation will be 86.58% federal and 13.42% State for the project development, plan review, construction bid package development, construction, construction engineering, right of way acquisition and incidental construction: and, 3) Eighth Whereas, Page 1 of the original agreement is replaced with the following: WHEREAS, the City is responsible for making STP Urban program and high growth allocation funds available for Construction, Construction Engineering, Right of Way and Incidental Construction activites as necessary (Refer to Section D for funding specifics); and, 4) Ninth Whereas, Page 2 of the original agreement is replaced with the following: WHEREAS, It is understood that all costs associated with the project in excess of $2,062,501 will be financed by the City, using federal STP Urban funds, and high growth allocation funds, if available, or an alternate funding source; and, 5) Item D PROJECT FUNDING. section 1, 3 and 4 of the original agreement is replaced with the following: 1. The funding for this project is $2,062,501 MAGI-Discretionary Program funds. Necessary funding above this amount will be provided by federal STP Urban program funds and high growth allocation funding if available, or an alternate funding source. The State will provide federal funds up to a maximum of $1,785,715 in MACI- Discretionary Program funds and the remaining amount will be provided through the federal STP Urban program and high growth allocation funds. 3. MACI-Discretionary Program funds are available for the Preliminary Engineering (PE), Construction (CN), and Construction Engineering (CE) phases of the project. STP Urban program and high growth allocation funds will be used for CN, CE, Right of Way (R/W), and Incidental Construction (IC) phases as necessary for the construction of the project. 4. All costs exceeding $2,062,501 are the responsibility of the City. Federal STP Urban program and high growth allocation funds can be used to cover costs exceeding $2,062,501 subject to availability and adherence to Program requirements, or an alternate funding source can be used. 6) Item F. and all sections contained under Item F., Page 3, of the original agreement is replaced with the following: The City will be billed in advance for its portion of the estimated required match (13.42%) of the total estimated construction costs, construction engineering costs, indirect costs, and City- applicable costs of the project at least sixty (60) days before bid opening. Although the anticipated expenses will have been discussed with City representatives before that time, the State will provide a detailed breakdown of all estimated project costs with the billing. The billed amount includes the applicable required pro-rata match for Preliminary Engineering (PE) associated with the intersection improvements. PE costs accrued after submitting the bill to the City will be included either in a change order billing or in the final billing. The City will submit payment to the State within thirty (30) days of billing. The State will not proceed further with the project's development if payment is not made within that time. If the federal government requires a reimbursement or return of any federal funds because a project doesn't advance due to the City's failure to make any scheduled payment, the City agrees that it will reimburse the State for those federal funds within thirty (30) days of billing. If, after initial payment is made, bid opening or contract award by the State is delayed or postponed by 30 days or more, or canceled for any reason, the State agrees to immediately refund the City's initial payment upon the City's request. If the lowest acceptable bid exceeds the State's estimate by more than 10%, the City and State will confer and decide whether or not the project will be awarded, since the City is also responsible for the cost increase. If the City does not concur, the project will not be awarded. If the City does concur, the project will be awarded and the City will be billed for the amount exceeding the initial payment. The City will pay that amount within thirty (30) days of the billing. If the City's share of the cost of the awarded project exceeds the amount paid by the City, the City may determine if other eligible federal funds are available and reach an agreement with the State to allocate those funds to pay the excess. If other federal funds are not available, the City will pay the excess as stated above. The contact for billing, accounting and change order questions for the City shall be: Bozeman -City Engineer P.O. Box 1230 Bozeman, MT 59771-1230 The parties understand that it is possible that the estimate may be exceeded once construction is begun, and any change orders, increases, or unforeseen expenses applicable to the City's portion of the project will be borne by the City. The State will inform the City, and as early as possible, of anything that appears will result in a cost increase, and will discuss the need for any possible 2 ^. change order with the City. But it is agreed that the City does not have the ability to veto or delay, or refuse to pay for, any change orders deemed necessary by the State. The City's portion of the cost of any change order will be billed as early as it can be readily determined, and will be due and payable by the City within thirty (30) days of the statement. Within six (6) months after the project has been finally accepted with the final costs submitted, the State will submit a final statement to the City. The final statement will provide details of any expenses that maybe identified as "miscellaneous". The final statement will include a refund of unspent portions of the City's initial payment, payable to the City in an amount equaling the difference between that payment and the City's share of the final costs. If the final statement exceeds the City's payments thus far, the City will remit to the State within thirty (30) days of the final statement the difference between City's share of final costs and City's earlier payment. If payment is not made within that thirty (30) day period, interest on the unpaid amount will accrue at the rate of 10% per year, and continue to accrue until paid in full. If the City is billed for additional funds, MDT will not participate in any future funding agreements with the City until full payment, including interest, is received from the City. Payments to this project will be coordinated through MDT's Administration Division (to be directed to the State's Accounts Receivable Collections Technician and Accounting Systems Operations Supervisor). Payments to this project will be provided to the above State staff in the form of a check to be credited to this project. Section 17-1-106, MCA, requires any state agency, including MDT that receives non-general funds to identify and recover its indirect costs. These costs are in addition to direct project costs. The MDT's indirect cost rate is determined annually as a percentage of the project's direct costs to cover the project's share of MDT's indirect costs as defined by OMB Circular A-87. MDT's current indirect cost rate is 12.25% for fiscal year 2008 (July 1, 2007 to June 30, 2008). For this project, indirect costs will be charged to the federal funding and the required local match. MDT will bill the City the indirect costs applicable to the local match. [Note: If this project extends across more than one fiscal year, more than one annual rate will be involved, as the rates may change during the life of the project.] Preliminary Engineering (PE) and Right of Way (R/W) costs charged against this project will not be subject to indirect costs due to the PE and R/W phases already being open and active. Indirect costs will be charged on the remaining phases. 7) Attachment B (NON-DISCRIMINATION NOTICE) to be replaced by the following: NON-DISCRIMINATION NOTICE During the performance of this Agreement, the City (hereafter in this Section "the Party"), for itself, its assignees and successors in interest, agrees as follows: A) COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 FOR FEDERAL-AID CONTRACTS (1) Compliance with Regulations: The.Party shall comply with all Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, 49 Code of Federal Regulations (CFR), Part 21, as they maybe 3 amended (hereafter referred to as the Regulations), which are incorporated by reference and made a part of this Agreement, even if only state funding is here involved. (2) Nondiscrimination: The Party, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of sex, race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Party shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Sec. 21.5. (3) Solicitations for Subcontracts Including Procurement of Materials and Equipment: In all solicitations, whether by competitive bidding or negotiation by the Party for work to be performed under a subcontract, including procurement of materials or leases of equipment, any potential subcontractor or supplier shall be notified by the Party of the Party's obligations under this Agreement and the Regulations relative to nondiscrimination. (4) Information and Reports: The Party will provide all reports and information required by the Regulations, or directives issued pursuant thereto, and permit access to its books, records, accounts, other sources of information and its facilities as maybe determined by State or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with Regulations or directives. Where any information required of the Party is in the exclusive possession of another who fails or refuses to furnish this information, the Party shall so certify to the Department or the FHWA as requested, setting forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Party's noncompliance with the nondiscrimination provisions of this Agreement, State may impose sanctions as it or the FHWA determines appropriate, including, but not limited to, (a) Withholding payments to the Party under the Agreement until the Party complies, and/or (b) Cancellation, termination or suspension of the Agreement, in whole or in part. (6) Incorporation of Provisions: The Party will include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Party will take such action with respect to any subcontract or procurement as the State or the FHWA may direct to enforce such provisions including sanctions for noncompliance: Provided, however, that in the event the Party is sued or is threatened with litigation by a subcontractor or supplier as a result of such direction, the Party may request the State to enter into the litigation to protect the interests of the State, and, in addition, the Party or the State may request the United States to enter into such litigation to protect the interests of the United States. B) COMPLIANCE WITH THE MONTANA GOVERNMENTAL CODE OF FAIR PRACTICES, SEC. 49-3-207, MCA In accordance with Section 49-3-207, MCA, the Party agrees that for this Agreement all hiring will be made on the basis of merit and qualifications and that there will be no discrimination on the basis of race, color, religion, creed, political ideas, sex, age, marital status, physical or mental disability, or national origin by the persons performing the Agreement. 4 C) COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) (1) The Party will comply with all regulations relative to implementation of the AMERICANS WITH DISABILITIES ACT. (2) The Party will incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: "The Party will provide reasonable accommodations for any known disability that may interfere with a person in participating in any service, program or activity offered by the Party. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information call the Party." (3) All video recordings produced and created under contract and/or agreement will be closed-captioned. D) COMPLIANCE WITH PARTICIPATION BY DISADVANTAGED BUSINESS ENTERPRISES IN DEPARTMENT OF TRANSPORTATION FINANCIAL ASSISTANCE PROGRAMS, 49 CFR PART 26 Each Agreement the Department signs with a Party (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The Party, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Party shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Party to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate The agreement between the City and State executed February 25, 2002, as amended herein, constitutes the entire agreement between the parties and no statement, promises or inducements made by either party, or agents of either party, which are not contained in the written agreement is binding or valid. This amendment is necessary to reflect the increased level of funding and method of payment in the memorandum of understanding between the State and City. All other terms, conditions, requirements, and specifications remain as stated in the original agreement. IN WITNESS WHEREOF, the Director of Transportation's authorized representative has signed on behalf of the State, and the City Manager, on behalf of the City, has signed and affixed hereto the seal of the City. DATED this day of , 2007 STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION Jim Lynch, Director of Transportation BY Loran Frazier, P.E. Chief Engineer, Engineering Division ATTEST Ci Cler APPROVED FOR LEGAL CONTENT AND CIVIL RIGHTS CONTENT City Official By , City Manager S ~' ,~'°`r~'ni C~~G~ By: Bozeman - Cit ttorn y 6