HomeMy WebLinkAbout10-22-24 Joint Gallatin County Commission and City Commission Special Meeting Agenda and Packet MaterialsA. Call Special Joint Meeting to Order - 3:00 PM - Community Room, Gallatin County Courthouse,
311 W. Main Street
B. Pledge of Allegiance and a Moment of Silence
C. Authorize Absence
D. FYI
E. Consent
E.1 Formal Cancellation of the November 5, 2024 Regular City Commission Meeting (Maas)
E.2 Accounts Payable Claims Review and Approval (Armstrong)
E.3 Appoint a Sub-committee of Two Commissioners to Review Pledged Securities as of
September 30, 2024(Clark)
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, October 22, 2024
How to Participate:
If you are interested in commenting in writing on items on the agenda please send an email to
comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the
meeting.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items but you may only comment once per item.
As always, the meeting will be recorded and streamed through the Commission's video page and
available in the City on cable channel 190.
For more information please contact the City Clerks' Office at 406.582.2320.
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
Via Video Conference:
Click the Register link, enter the required information, and click submit.
Click Join Now to enter the meeting.
Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in-
person
United States Toll
+1 669 900 9128
Access code: 933 7244 1920
1
E.4 Authorize the City Manager to Sign the Energy Efficiency and Conservation Block Grant
Program Special Terms and Conditions and Submit a Program Application for a Solar Array at
the Bozeman Public Library(Meyer)
E.5 Authorize the City Manager to Accept a Federal Emergency Management Agency (FEMA)
Staffing for Adequate Fire and Emergency Response (SAFER) Grant to Add 12 New
Firefighter Positions(Waldo)
E.6 Authorize the City Manager to Sign a Maintenance Agreement with the Montana
Department of Transportation for the Bozeman Main Street Hotel Project(Lonsdale)
E.7 Authorize the City Manager to Sign Maintenance Agreements with the Montana
Department of Transportation (MDT) to Facilitate the Bidding, Construction, and Long-Term
Operation for the Manley Ditch Rehabilitation Project(Oliver)
E.8 Authorize the City Manager to Sign an Updated Funding Agreement with the Montana
Department of Transportation for the Kagy Boulevard Reconstruction Project(Ross)
E.9 Authorize the City Manager to Sign the Aftermarket Comprehensive Services Three Year
Plan with Aria Filtra for the Annual Inspection, Technical Support and Training of the City of
Bozeman's Aria Filtra System(Miller)
E.10 Authorize City Manager to Sign Professional Services Agreement with Central House
Strategies for Legislative Services for the 2025 Montana Legislative Session and
Interim(DiTommaso )
E.11 Authorize the City Manager to Sign an Amendment 1 to Use License Agreement with RTR
Holdings II for South University District Park(Jadin)
E.12 Authorize the City Manager to Sign an Amendment 3 to the Professional Services
Agreement for the Materials Testing Term Contract with Morrison-Maierle, Inc. for the
Purpose of Obtaining Materials Testing on Various City Projects Extending Through the 2025
Construction Season(Gamradt)
E.13 Authorize the City Manager to Sign an Amendment 3 to the Professional Services
Agreement with K2 Ventures, Inc. for Snow Removal and Maintenance Services in the Parks
and Trails District(Canter)
E.14 Resolution 5636 Modification of Special Improvement Lighting District 766 for Northwest
Crossing Ph 1 & 2.1 to include phases 2.2 and 2.3.(Hodnett)
E.15 Resolution 5638 Creation of Special Improvement Lighting District 787 Homestead at
Buffalo Run(Hodnett)
E.16 Resolution 5642 Creation of Special Improvement Lighting District 788 Hyatt House Hotel
Bozeman(Hodnett)
E.17 Resolution 5652 Intent to Create a Special Improvement Lighting District 790 for North
Central Master Plan(Hodnett)
2
E.18 Resolution 5654 Intent to Create a Special Improvement Lighting District 791 for West Side
Flats(Hodnett)
E.19 Resolution 5656 Authorizing Change Order 1 with Olympus Technical Services, Inc for the
2024 Soil Vapor Extraction Extension Project at the Story Mill Landfill(Flammond)
E.20 Ordinance 2169, Final Adoption of Revisions to Chapter 2, Article 6, Division 9 Impact Fees,
Bozeman Municipal Code to Revise Definitions, Reorganize Division Structure, Clarify
Relationship To The City's Capital Improvement Program, Update Provisions For Impact Fee
Refunds To Conform To Recent Changes In State Law, Strike Certain Exemptions, Update
Processes For Approval Of Impact Fee Credits And Custom Fee Studies, Update Processes
For Appeals, And Providing An Effective Date(Saunders)
E.21 Ordinance 2173, Final Adoption Establishing a Zoning Designation of B-2M, Community
Commercial-Mixed District, on Property Located on the Southeast Corner of West Babcock
and South 20th Street on 0.421 Acres, the 1920 West Babcock Zone Map Amendment,
Application 24024(Rogers)
F. Consent II
F.1 Ordinance 2172, Final Adoption Repealing Chapter 34, Article 9 and Chapter 20, Articles 1
and 2 of the Bozeman Municipal Code, and Establishing Chapter 2, Article 8, Division 2
Prohibiting Camping on Public Property and the Public Right-of-Way and Authorizing the
Establishment of a Permit System for Limited Camping on the City Right-Of-Way for Persons
Experiencing Homelessness(Saverud)
G. Joint County/City Discussion
H. Public Comment
I. Adjournment
1. MPO update and next steps - Jeff Butts
2. Urban Transportation District update and next steps - Sunshine Ross
3. Transfer station update and next steps - Stephanie Beckert
4. Behavioral health collaborative update and next steps - Kirsten Smith
5. Hidden Creek project update - Tyson O'Connell/United Housing Partners
6. How to collaboratively support shelter operations and transitional housing in the valley -
Kirsten Smith
7. Motor Vehicle Tax Ballot Question - County Commission
This is the time to comment on non-agenda items. Please note, no action may be taken on any
item which does not appear on the agenda.
City Commission meetings are open to all members of the public. If you have a disability that
requires assistance, please contact our Acting ADA Coordinator, Max Ziegler, at 406.582.2439 (TDD
406.582.2301).
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
Videos Page.
3
Memorandum
REPORT TO:City Commission
FROM:Alex Newby, Deputy City Clerk
Mike Maas, City Clerk
SUBJECT:Formal Cancellation of the November 5, 2024 Regular City Commission
Meeting
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Approve cancelling the November 5, 2024 Regular City Commission Meeting.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The Mayor has decided not to meet on November 5, 2024. Per Bozeman
Municipal Code Sec. 2.02.070.A.4, the Mayor or majority of the Commission
may cancel a regular meeting if not business is scheduled for that meeting.
This item formalizes this decision to cancel the meeting.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the City Commission.
FISCAL EFFECTS:None.
Report compiled on: June 12, 2024
4
Memorandum
REPORT TO:City Commission
FROM:Nicole Armstrong, Accounts Payable Clerk
Rhonda Edwards, Accounts Payable Clerk
Aaron Funk, City Controller
Melissa Hodnett, Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of claims as presented.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented
to the City Commission within one year of the date the claims accrued.
Claims presented to the City Commission under this item have been
reviewed and validated by the Finance Department. The Department has
ensured that all goods and services have been received along with necessary
authorizations and supporting documentation. Please provide approval for
checks dated October 16th, 2024 and October 23rd, 2024.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: August 21, 2024
5
Memorandum
REPORT TO:City Commission
FROM:Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Appoint a Sub-committee of Two Commissioners to Review Pledged
Securities as of September 30, 2024
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Finance
RECOMMENDATION:
Appoint Mayor Cunningham and Commissioner Bode to review the
depository bonds and pledged securities as of September 30, 2024.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:
Pledged securities are assets, such as government or municipal bonds, that a
financial institution commits as collateral to secure a deposit in excess of the
$250,000 insured by the FDIC. Utilizing pledged securities offers an added
layer of security for large deposits, ensuring that funds are protected beyond
the standard FDIC insurance limits. This practice ensures that public money
remains secure, promoting fiscal responsibility and stability. Per MCA section
7-6-207 the City Commission must approve pledged securities at least
quarterly.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The City is sufficiently pledged.
Attachments:
Depository Bonds & Securities 0924.pdf
Report compiled on: October 10, 2024
6
DEPOSITORY BONDS AND SECURITIES
AS OF
September 30, 2024
MATURITY CUSIP NO/LOC NO. TOTAL AMOUNT
US BANK
All Accounts
Federal Deposit Insurance Corporation-Operating Accts $ 250,000.00
LOC-FHLB Cincinnati 7/12/2024 575517 $ 20,000,000.00
TOTAL – US Bank $ 20,250,000.00
This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-
207, M.C.A., have this day certified the receipts of US Bank, for the Depository Bonds held by the Director of
Finance as security, for the deposit for the City of Bozeman funds as of September 30, 2024, by the banks of
Bozeman and approve and accept the same.
_____________________________________________
TERENCE CUNNINGHAM, Mayor
_______________________________________ _______________________________________
JOEY MORRISON, Deputy Mayor JENNIFER MADGIC, Commissioner
_______________________________________ _______________________________________
DOUGLAS FISCHER, Commissioner EMMA BODE, Commissioner
7
PLEDGED SECURITIES AND CASH IN BANK
As of
September 30, 2024
US BANK
Total Cash on Deposit $6,033,398.31
FDIC Coverage $250,000.00
Amount Remaining $5,783,398.31
Pledges Required 104% $6,014,734.24
Actual Pledges $20,000,000.00
Over (Under) Pledged $13,985,265.76
REFERENCE: Section 7-6-207, M.C.A.
8
Memorandum
REPORT TO:City Commission
FROM:Jamie Grabinski, Grants Coordinator
Natalie Meyer, Sustainability Program Manager
Jon Henderson, Strategic Services Director
SUBJECT:Authorize the City Manager to Sign the Energy Efficiency and Conservation
Block Grant Program Special Terms and Conditions and Submit a Program
Application for a Solar Array at the Bozeman Public Library
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to Sign the Energy Efficiency and Conservation
Block Grant Program Special Terms and Conditions and Submit a Program
Application for a Solar Array at the Bozeman Public Library.
STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas
(GHG) emissions, increase the supply of clean and renewable energy; foster
related businesses.
BACKGROUND:The City of Bozeman is eligible to receive a grant allocation from the
Department of Energy’s Energy Efficiency & Conservation Block Grant
(EECBG) for $116,320. Authorized under the Inflation Reduction Act, the
EECBG program supports reductions in energy use and fossil fuel emissions,
and improved energy efficiency. A wide range of program activities are
eligible under the program, such as energy audits, building retrofits, public
education, electric vehicles, and electric vehicle charging stations. There is
no project match requirement and funds should be expended within two
years of executing the grant agreement. The application deadline was
extended from April 30, 2024, to October 31, 2024.
The Bozeman Climate Plan calls for 100% net clean electricity by 2025
(Action 2.F.1). The City of Bozeman's 2025 Biennium Adopted Budget
includes an allocation of $232,600 for solar photovoltaics (PV) installations
for City facilities, including the Bozeman Public Library in Fiscal Year 2025.
These projects will result in long-term greenhouse gas emissions and utility
savings for the Bozeman community. Leveraging federal funding to support
these community investments in rooftop solar is well-aligned with EECBG
program requirements and the staff work plan. The grant will allow the City
to supplement the approved budget to maximize the installed capacity
within the limits of viable roof space and the EECBG rooftop solar limit of 60
kilowatts (kW).
9
On June 12, 2024, staff presented a recommendation to the Sustainability
Advisory Board to use the EECBG allocation to upgrade the existing 19-year-
old solar array at the Bozeman Public Library, citing that the Library is
among the City of Bozeman's top five largest electric loads with the potential
to increase rooftop solar electric production. In 2023, the Library completed
a renovation that included LED upgrades and building retro-commissioning.
Expanding the solar array complements these energy efficiency upgrades for
Bozeman's first LEED-certified building. Further, the Library serves an
average of 27,000 visitors per month, presenting opportunities to display
solar and building energy use data to visitors, as well as providing a shared
public benefit. The Sustainability Advisory Board unanimously recommended
that the City Commission authorize the City Manager to apply for the EECBG
application to expand the rooftop solar at the Bozeman Public Library.
Staff subsequently engaged with OnSite Energy to complete a solar
feasibility assessment to help evaluate the tradeoffs associated with
expanding versus replacing the existing solar array. This process highlighted
that rooftop solar efficiency and building codes have evolved considerably
over the past two decades. Replacing the current solar array would allow the
City to double capacity within the existing footprint and add solar to an
additional rooftop zone. Based on current code and setback requirements,
keeping the existing solar array may result in costly upgrades and reduced
capacity. Given these concerns, staff recommends replacing the current 16
kW solar array with a 48 kW solar array. The City will pursue opportunities to
reuse, sell, or donate the existing solar array. Pending a structural analysis
and final project costs, there is potential to expand the solar array to the
maximum installed capacity of 60 kW.
By expanding the solar array to 48 kW, the City expects to reduce
greenhouse gas emissions, offset the Library's electric bill by approximately
11%, and save at least $160,400 in utility costs over the next 25 years. Once
the EECBG application is approved, staff will issue a request for proposals for
a project installation in the summer of 2025.
Under the EECBG program, the proposed solar project will require
compliance with the Davis Bacon Act (DBA) and the Historic Preservation and
National Environmental Protection Act (NEPA), among other standard
federal grant compliance and reporting requirements, as detailed in the
attached Terms and Conditions. These requirements were evaluated as part
of the recommendation to pursue a solar PV project.
UNRESOLVED ISSUES:Pending a structural assessment and results from a competitive request for
proposals, staff may recommend increasing the solar array from 48 kW to 60
kW.
ALTERNATIVES:As suggested by the City Commission.
10
FISCAL EFFECTS:The grant allocation will provide approximately 75% of the capital outlay for
the 48 kW solar array. The balance will be funded within the approved 2025
Biennium Budget appropriated for solar arrays in FY25. Sufficient budget is
available.
Attachments:
EECBG Special Terms and Conditions.pdf
Report compiled on: October 8, 2024
11
Template Version 12/19/2023
EECBG Program
Special Terms and Conditions
Special Terms and Conditions
Entity Name:___________________________________ (“Recipient”), which is identified in the
Assistance Agreement, and the Office of State and Community Energy Programs (“SCEP”), and
Energy Efficiency and Conservation Block Grant Program (“EECBG”), an office within the United
States Department of Energy (“DOE”), enters into this Award, to achieve the project objectives
and the technical milestones and deliverables stated in Attachment 1 to this Award.
This Award consists of the following documents, including all terms and conditions therein:
Special Terms and Conditions
Attachment 1 Federal Assistance Reporting Checklist (FARC)1
Attachment 2 NEPA Determination2
The following are incorporated into this Award by reference:
• DOE Assistance Regulations, 2 CFR part 200 as amended by 2 CFR part 910 at
http://www.eCFR.gov.
• National Policy Requirements (November 12, 2020) at
http://www.nsf.gov/awards/managing/rtc.jsp.
• The Recipient’s application/proposal as approved by SCEP.
• Public Law 117-58, also known as the Bipartisan Infrastructure Law (BIL).
1 The FARC will be provided at a later date.
2 The NEPA Determination is attached to your application in the EECBG Program Voucher Application Portal
12
Special Terms and Conditions
2
Table of Contents
Subpart A. General Provisions ......................................................................................................................... 4
Term 1. Legal Authority and Effect ....................................................................................................................... 4
Term 2. Flow Down Requirement ........................................................................................................................ 4
Term 3. Compliance with Federal, State, and Municipal Law ............................................................................. 4 Term 4. Inconsistency with Federal Law .............................................................................................................. 4
Term 5. Federal Stewardship ................................................................................................................................ 4
Term 6. NEPA Requirements ................................................................................................................................ 4
Term 7. Notice Regarding the Purchase of American-Made Equipment and Products – Sense of Congress .... 5
Term 8. Reporting Requirements ......................................................................................................................... 5
Term 9. Lobbying ................................................................................................................................................... 5
Term 10. Publications ............................................................................................................................................. 5
Term 11. No-Cost Extension ................................................................................................................................... 6
Term 12. Property Standards .................................................................................................................................. 6 Term 13. Insurance Coverage ................................................................................................................................. 6
Term 14. Real Property ........................................................................................................................................... 7
Term 15. Equipment ............................................................................................................................................... 7
Term 16. Supplies .................................................................................................................................................... 8
Term 17. Property Trust Relationship .................................................................................................................... 8 Term 18. Record Retention ..................................................................................................................................... 8
Term 19. Audits ....................................................................................................................................................... 8
Term 20. Indemnity ................................................................................................................................................. 9
Term 21. Foreign National Participation ................................................................................................................ 9
Term 22. Post-Award Due Diligence Reviews ........................................................................................................ 9
Subpart B. Financial Provisions ....................................................................................................................... 10
Term 23. Maximum Obligation ............................................................................................................................. 10
Term 24. Refund Obligation.................................................................................................................................. 10
Term 25. Allowable Costs ..................................................................................................................................... 10
Term 26. Decontamination and/or Decommissioning (D&D) Costs .................................................................... 10 Term 27. Use of Program Income ......................................................................................................................... 10
Term 28. Payment Procedures ............................................................................................................................. 11
Term 29. Budget Changes ..................................................................................................................................... 11
Subpart C. Miscellaneous Provisions .............................................................................................................. 12
Term 30. Environmental, Safety and Health Performance of Work at DOE Facilities ........................................ 12 Term 31. System for Award Management and Universal Identifier Requirements ........................................... 12
Term 32. Nondisclosure and Confidentiality Agreements Assurances ............................................................... 14
Term 33. Contractor Change Notification ............................................................................................................ 15
Term 34. Recipient Integrity and Performance Matters ...................................................................................... 16 Term 35. Export Control ........................................................................................................................................ 18
Term 36. Interim Conflict of Interest Policy for Financial Assistance .................................................................. 18
Term 37. Organizational Conflict of Interest ........................................................................................................ 18
Term 38. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment ............ 19
Term 39. Human Subjects Research ..................................................................................................................... 20 Term 40. Fraud, Waste and Abuse ....................................................................................................................... 21
Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements ................................................................ 21
Term 41. Reporting, Tracking and Segregation of Incurred Costs ....................................................................... 21
13
Special Terms and Conditions
3
Term 42. Davis-Bacon Requirements ................................................................................................................... 22
Term 43. Buy American Requirement for Infrastructure Projects ...................................................................... 23
Term 44. Affirmative Action and Pay Transparency Requirements .................................................................... 29
Term 45. Potentially Duplicative Funding Notice ................................................................................................ 29 Term 46. Transparency of Foreign Connections................................................................................................... 29
Term 47. Foreign Collaboration Considerations .................................................................................................. 30
14
Special Terms and Conditions
4
Subpart A. General Provisions
Term 1. Legal Authority and Effect
A DOE financial assistance award is valid only if it is in writing and is signed, either in writing or
electronically, by a DOE Contracting Officer.
The Recipient may accept or reject the Award. Acknowledgement of award documents by the
Recipient’s authorized representative through electronic systems used by DOE, specifically The
EECBG Program Voucher Portal (https://doerebates.my.site.com/eecbgvouchers/s/),
constitutes the Recipient's acceptance of the terms and conditions of this Award.
Acknowledgement via the EECBG Program Voucher Portal by the Recipient’s authorized
representative constitutes the Recipient's electronic signature.
Term 2. Flow Down Requirement
The Recipient agrees to apply the terms and conditions of this Award, as applicable to all
subcontractors as required by 2 CFR 200.101, and to require their strict compliance therewith.
Further, the Recipient must apply the Award terms as required by 2 CFR 200.327 to all sub
contractors and to require their strict compliance therewith.
Term 3. Compliance with Federal, State, and Municipal Law
The Recipient is required to comply with applicable Federal, state, and local laws and
regulations for all work performed under this Award. The Recipient is required to obtain all
necessary Federal, state, and local permits, authorizations, and approvals for all work
performed under this Award.
Term 4. Inconsistency with Federal Law
Any apparent inconsistency between Federal statutes and regulations and the terms and
conditions contained in this Award must be referred to the DOE Award Administrator for
guidance.
Term 5. Federal Stewardship
SCEP will exercise normal Federal stewardship in overseeing the project activities performed
under this Award. Stewardship activities include, but are not limited to, conducting site visits;
reviewing performance and financial reports; providing technical assistance and/or temporary
intervention in unusual circumstances to address deficiencies that develop during the project;
assuring compliance with terms and conditions; and reviewing technical performance after
project completion to ensure that the project objectives have been accomplished.
Term 6. NEPA Requirements
DOE must comply with the National Environmental Policy Act (NEPA) prior to authorizing the
use of Federal funds. Based on all information provided by the Recipient, SCEP has made a
15
Special Terms and Conditions
5
NEPA determination by issuing a categorical exclusion (CX) for all activities listed in the
Application approved by the Contracting Officer and the DOE NEPA Determination. The
Recipient is thereby authorized to use Federal funds for the defined project activities, except
where such activity is subject to a restriction set forth elsewhere in this Award.
This authorization is specific to the project activities and locations as described in the
Application approved by the Contracting Officer and the DOE NEPA Determination.
If the Recipient later intends to add to or modify the activities or locations as described in the
approved Application and the DOE NEPA Determination, those new activities/locations or
modified activities/locations are subject to additional NEPA review and are not authorized for
Federal funding until the Contracting Officer provides written authorization on those additions
or modifications. Should the Recipient elect to undertake activities or change locations prior to
written authorization from the Contracting Officer, the Recipient does so at risk of not receiving
Federal funding for those activities, and such costs may not be recognized as allowable cost
share.
Condition(s):
NEPA Logs if conducting potentially ground disturbing activities.
Term 7. Notice Regarding the Purchase of American-Made Equipment and
Products – Sense of Congress
It is the sense of the Congress that, to the greatest extent practicable, all equipment and
products purchased with funds made available under this Award should be American-made.
Term 8. Reporting Requirements
The reporting requirements for this Award are identified on the Federal Assistance Reporting
Checklist, attached to this Award. Failure to comply with these reporting requirements is
considered a material noncompliance with the terms of the Award. Noncompliance may result
in withholding of future payments, suspension, or termination of the current award, and
withholding of future awards. A willful failure to perform, a history of failure to perform, or
unsatisfactory performance of this and/or other financial assistance awards, may also result in a
debarment action to preclude future awards by Federal agencies.
Term 9. Lobbying
By accepting funds under this Award, the Recipient agrees that none of the funds obligated on
the Award shall be expended, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. § 1913. This restriction is in addition to those
prescribed elsewhere in statute and regulation.
Term 10. Publications
16
Special Terms and Conditions
6
The Recipient is required to include the following acknowledgement in publications arising out
of, or relating to, work performed under this Award, whether copyrighted or not:
• Acknowledgment: “This material is based upon work supported by the U.S. Department
of Energy’s Office of State and Community Energy Programs (SCEP) under the Energy
Efficiency and Conservation Block Grant (EECBG) Program Application # XXXXXXXXX”
• Full Legal Disclaimer: “This report was prepared as an account of work sponsored by an
agency of the United States Government. Neither the United States Government nor
any agency thereof, nor any of their employees, makes any warranty, express or
implied, or assumes any legal liability or responsibility for the accuracy, completeness,
or usefulness of any information, apparatus, product, or process disclosed, or
represents that its use would not infringe privately owned rights. Reference herein to
any specific commercial product, process, or service by trade name, trademark,
manufacturer, or otherwise does not necessarily constitute or imply its endorsement,
recommendation, or favoring by the United States Government or any agency thereof.
The views and opinions of authors expressed herein do not necessarily state or reflect
those of the United States Government or any agency thereof.”
Abridged Legal Disclaimer: “The views expressed herein do not necessarily represent
the views of the U.S. Department of Energy or the United States Government.”
Recipients should make every effort to include the full Legal Disclaimer. However, in the
event that recipients are constrained by formatting and/or page limitations set by the
publisher, the abridged Legal Disclaimer is an acceptable alternative.
Term 11. No-Cost Extension
As provided in 2 CFR 200.308, the Recipient must provide the Contracting Officer with notice in
advance if it intends to utilize a one-time, no-cost extension of this Award. The notification
must include the supporting reasons and the revised period of performance. The Recipient
must submit this notification in writing to the Contracting Officer and DOE Technology
Manager/ Project Officer at least 30 days before the end of the current budget period.
Any no-cost extension will not alter the project scope, milestones, deliverables, or budget of
this Award.
Term 12. Property Standards
The complete text of the Property Standards can be found at 2 CFR 200.310 through 200.316.
Also see 2 CFR 910.360 for additional requirements for real property and equipment for For-
Profit recipients.
Term 13. Insurance Coverage
17
Special Terms and Conditions
7
See 2 CFR 200.310 for insurance requirements for real property and equipment acquired or
improved with Federal funds. Also see 2 CFR 910.360(d) for additional requirements for real
property and equipment for For-Profit recipients.
Term 14. Real Property
Subject to the conditions set forth in 2 CFR 200.311, title to real property acquired or improved
under a Federal award will conditionally vest upon acquisition in the non-Federal entity. The
non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR
200.311 before disposing of the property.
Except as otherwise provided by Federal statutes or by the Federal awarding agency, real
property will be used for the originally authorized purpose as long as needed for that purpose.
When real property is no longer needed for the originally authorized purpose, the non-Federal
entity must obtain disposition instructions from DOE or pass-through entity. The instructions
must provide for one of the following alternatives: (1) retain title after compensating DOE as
described in 2 CFR 200.311(c)(1); (2) Sell the property and compensate DOE as specified in 2
CFR 200.311(c)(2); or (3) transfer title to DOE or to a third party designated/approved by DOE
as specified in 2 CFR 200.311(c)(3).
See 2 CFR 200.311 for additional requirements pertaining to real property acquired or improved
under a Federal award.
Term 15. Equipment
Subject to the conditions provided in 2 CFR 200.313, title to equipment (property) acquired
under a Federal award will conditionally vest upon acquisition with the non-Federal entity. The
non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR
200.313 before disposing of the property.
Equipment must be used by the non-Federal entity in the program or project for which it was
acquired as long as it is needed, whether or not the project or program continues to be
supported by the Federal award. When no longer needed for the originally authorized purpose,
the equipment may be used by programs supported by DOE in the priority order specified in 2
CFR 200.313(c)(1)(i) and (ii).
Management requirements, including inventory and control systems, for equipment are
provided in 2 CFR 200.313(d).
When equipment acquired under a Federal award is no longer needed, the non-Federal entity
must obtain disposition instructions from DOE or pass-through entity.
Disposition will be made as follows: (1) items of equipment with a current fair market value of
$5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to
DOE; (2) Non-Federal entity may retain title or sell the equipment after compensating DOE as
18
Special Terms and Conditions
8
described in 2 CFR 200.313(e)(2); or (3) transfer title to DOE or to an eligible third party as
specified in 2 CFR 200.313(e)(3).
See 2 CFR 200.313 for additional requirements pertaining to equipment acquired under a
Federal award. See also 2 CFR 200.439 Equipment and other capital expenditures.
Term 16. Supplies
See 2 CFR 200.314 for requirements pertaining to supplies acquired under a Federal award. See
also 2 CFR 200.453 Materials and supplies costs, including costs of computing devices.
Term 17. Property Trust Relationship
Real property, equipment, and intangible property, that are acquired or improved with a
Federal award must be held in trust by the non-Federal entity as trustee for the beneficiaries of
the project or program under which the property was acquired or improved. See 2 CFR 200.316
for additional requirements pertaining to real property, equipment, and intangible property
acquired or improved under a Federal award.
Term 18. Record Retention
Consistent with 2 CFR 200.334 through 200.338, the Recipient is required to retain records
relating to this Award.
Term 19. Audits
A. Government-Initiated Audits
The Recipient must provide any information, documents, site access, or other
assistance requested by SCEP, DOE or Federal auditing agencies (e.g., DOE Inspector
General, Government Accountability Office) for the purpose of audits and
investigations. Such assistance may include, but is not limited to, reasonable access
to the Recipient’s records relating to this Award.
Consistent with 2 CFR part 200 as amended by 2 CFR part 910, DOE may audit the
Recipient’s financial records or administrative records relating to this Award at any
time. Government-initiated audits are generally paid for by DOE.
DOE may conduct a final audit at the end of the project period (or the termination of
the Award, if applicable). Upon completion of the audit, the Recipient is required to
refund to DOE any payments for costs that were determined to be unallowable. If
the audit has not been performed or completed prior to the closeout of the award,
DOE retains the right to recover an appropriate amount after fully considering the
recommendations on disallowed costs resulting from the final audit.
DOE will provide reasonable advance notice of audits and will minimize interference
19
Special Terms and Conditions
9
with ongoing work, to the maximum extent practicable.
B. Annual Independent Audits (Single Audit or Compliance Audit)
The Recipient must comply with the annual independent audit requirements in 2
CFR 200.500 through .521 for institutions of higher education, nonprofit
organizations, and state and local governments (Single audit), and 2 CFR 910.500
through .521 for for-profit entities (Compliance audit).
The annual independent audits are separate from Government-initiated audits
discussed in part A. of this Term and must be paid for by the Recipient. To minimize
expense, the Recipient may have a Compliance audit in conjunction with its annual
audit of financial statements. The financial statement audit is not a substitute for
the Compliance audit. If the audit (Single audit or Compliance audit, depending on
Recipient entity type) has not been performed or completed prior to the closeout of
the award, DOE may impose one or more of the actions outlined in 2 CFR 200.339,
Remedies for Noncompliance.
Term 20. Indemnity
The Recipient shall indemnify DOE and its officers, agents, or employees for any and all liability,
including litigation expenses and attorneys' fees, arising from suits, actions, or claims of any
character for death, bodily injury, or loss of or damage to property or to the environment,
resulting from the project, except to the extent that such liability results from the direct fault or
negligence of DOE officers, agents or employees, or to the extent such liability may be covered
by applicable allowable costs provisions.
Term 21. Foreign National Participation
If the Recipient (including any of its contractors) anticipates involving foreign nationals in the
performance of the Award, the Recipient must, upon DOE’s request, provide DOE with specific
information about each foreign national to ensure compliance with the requirements for
participation and access approval. The volume and type of information required may depend
on various factors associated with the Award. The DOE Contracting Officer will notify the
Recipient if this information is required.
DOE may elect to deny a foreign national’s participation in the Award. Likewise, DOE may elect
to deny a foreign national’s access to a DOE sites, information, technologies, equipment,
programs or personnel.
Term 22. Post-Award Due Diligence Reviews
During the life of the Award, DOE may conduct ongoing due diligence reviews, through
Government resources, to identify potential risks of undue foreign influence. In the event, a risk
is identified, DOE may require risk mitigation measures, including but not limited to, requiring
an individual or entity not participate in the Award.
20
Special Terms and Conditions
10
Subpart B. Financial Provisions
Term 23. Maximum Obligation
The maximum obligation of DOE for this Award is the total “Funds Obligated” stated in Block 13
of the Assistance Agreement to this Award.
Term 24. Refund Obligation
The Recipient must refund any excess payments received from SCEP, including any costs
determined unallowable by the Contracting Officer. Upon the end of the project period (or the
termination of the Award, if applicable), the Recipient must refund to SCEP the difference
between (1) the total payments received from SCEP, and (2) the Federal share of the costs
incurred. Refund obligations under this Term do not supersede the annual reconciliation or
true up process if specified under the Indirect Cost Term.
Term 25. Allowable Costs
SCEP determines the allowability of costs through reference to 2 CFR part 200 as amended by 2
CFR part 910. All project costs must be allowable, allocable, and reasonable. The Recipient
must document and maintain records of all project costs, including, but not limited to, the costs
paid by Federal funds, costs claimed by its subcontractors, and project costs that the Recipient
claims as cost sharing, including in-kind contributions. The Recipient is responsible for
maintaining records adequate to demonstrate that costs claimed have been incurred, are
reasonable, allowable and allocable, and comply with the cost principles. Upon request, the
Recipient is required to provide such records to SCEP. Such records are subject to audit.
Failure to provide SCEP adequate supporting documentation may result in a determination by
the Contracting Officer that those costs are unallowable.
The Recipient is required to obtain the prior written approval of the Contracting Officer for any
foreign travel costs.
Term 26. Decontamination and/or Decommissioning (D&D) Costs
Notwithstanding any other provisions of this Award, the Government shall not be responsible
for or have any obligation to the Recipient for (1) Decontamination and/or Decommissioning
(D&D) of any of the Recipient’s facilities, or (2) any costs which may be incurred by the
Recipient in connection with the D&D of any of its facilities due to the performance of the work
under this Award, whether said work was performed prior to or subsequent to the effective
date of the Award.
Term 27. Use of Program Income
If the Recipient earns program income during the project period as a result of this Award, the
21
Special Terms and Conditions
11
Recipient must add the program income to the funds committed to the Award and used to
further eligible project objectives.
Term 28. Payment Procedures
A. Method of Payment
Payment will be made by reimbursement by CFO through ACH. Equipment rebate
voucher applications will be approved for payment by DOE once the equipment has
been installed and all required documentation has been provided.
B. Payments
All payments are made by electronic funds transfer to the bank account identified
attached to the Recipient’s UEI and identified in the Recipient’s SAM.gov account.
C. Unauthorized Drawdown of Federal Funds
For each budget period, the Recipient may not spend more than the Federal share
authorized to that award, without specific written approval from the Contracting
Officer. The Recipient must immediately refund SCEP any amounts spent in excess
of the authorized amount.
A. Supporting Documents for Agency Approval of Payments
DOE may request additional information from the Recipient to support the payment
requests prior to release of funds, as deemed necessary. The Recipient is required
to comply with these requests. Supporting documents include invoices, copies of
contracts, vendor quotes, proof of installation and other expenditure explanations
that justify the payment requests.
Term 29. Budget Changes
A. Budget Changes Generally
The Contracting Officer has reviewed and approved the budget in Attachment 1 to
this Award.
Any increase in the total project cost, whether DOE share or Cost Share, which is
stated as “Total” in Block 12 to the Assistance Agreement of this Award, must be
approved in advance and in writing by the Contracting Officer.
Any change that alters the project scope, milestones or deliverables requires prior
written approval of the Contracting Officer. SCEP may deny reimbursement for any
failure to comply with the requirements in this term.
22
Special Terms and Conditions
12
B. Transfers of Funds Among Direct Cost Categories
The Recipient is required to obtain the prior written approval of the Contracting
Officer for any transfer of funds among direct cost categories where the cumulative
amount of such transfers exceeds or is expected to exceed 10 percent of the total
project cost stated in the budget on the recipient’s application.
The Recipient is required to notify the DOE Technology Manager/Project Officer of
any transfer of funds among direct cost categories where the cumulative amount of
such transfers is equal to or below 10 percent of the total project cost, stated in the
budget on the recipient’s application.
Subpart C. Miscellaneous Provisions
Term 30. Environmental, Safety and Health Performance of Work at DOE
Facilities
With respect to the performance of any portion of the work under this Award which is
performed at a DOE -owned or controlled site, the Recipient agrees to comply with all State and
Federal Environmental, Safety and Health (ES&H) regulations and with all other ES&H
requirements of the operator of such site.
Prior to the performance on any work at a DOE-owned or controlled site, the Recipient shall
contact the site facility manager for information on DOE and site-specific ES&H requirements.
The Recipient is required apply this provision to its contractors.
Term 31. System for Award Management and Universal Identifier
Requirements
A. Requirement for Registration in the System for Award Management (SAM)
Unless the Recipient is exempted from this requirement under 2 CFR 25.110, tThe
Recipient must maintain the currency of its information in SAM until the Recipient
submits the final financial report required under this Award or receive the final
payment, whichever is later. This requires that the Recipient reviews and updates
the information at least annually after the initial registration, and more frequently if
required by changes in its information or another award term.
B. Unique Entity Identifier (UEI)
SAM automatically assigns a UEI to all active SAM.gov registered entities. Entities no
longer have to go to a third-party website to obtain their identifier. This information
23
Special Terms and Conditions
13
is displayed on SAM.gov.
If the Recipient is authorized to make subawards under this Award, the Recipient:
i. Must notify potential subrecipients that no entity (see definition in paragraph C
of this award term) may receive a subaward from the Recipient unless the entity
has provided its UEI number to the Recipient.
ii. May not make a subaward to an entity unless the entity has provided its UEI
number to the Recipient.
C. Definitions
For purposes of this award term:
i. System for Award Management (SAM) means the Federal repository into
which an entity must provide information required for the conduct of
business as a recipient. Additional information about registration procedures
may be found at the SAM Internet site (currently at ).
ii. Unique Entity Identifier (UEI) is the 12-character, alpha-numeric identifier
that will be assigned by SAM.gov upon registration.
iii. Entity, as it is used in this award term, means all of the following, as defined
at 2 CFR Part 25, subpart C:
1. A Governmental organization, which is a State, local government, or
Indian Tribe.
2. A foreign public entity.
3. A domestic or foreign nonprofit organization.
4. A domestic or foreign for-profit organization.
5. A Federal agency, but only as a subrecipient under an award or
subaward to a non-Federal entity.
iv. Subaward:
1. This term means a legal instrument to provide support for the
performance of any portion of the substantive project or program for
which the Recipient received this Award and that the Recipient
awards to an eligible subrecipient.
2. The term does not include the Recipient’s procurement of property
and services needed to carry out the project or program (for further
explanation, see 2 CFR 200.501 Audit requirements, (f) Subrecipients
24
Special Terms and Conditions
14
and Contractors and/or 2 CFR 910.501 Audit requirements, (f)
Subrecipients and Contractors).
3. A subaward may be provided through any legal agreement, including
an agreement that the Recipient considers a contract.
v. Subrecipient means an entity that:
1. Receives a subaward from the Recipient under this Award; and
2. Is accountable to the Recipient for the use of the Federal funds
provided by the subaward.
Term 32. Nondisclosure and Confidentiality Agreements Assurances
A. By entering into this agreement, the Recipient attests that it does not and will not
require its employees or contractors to sign internal nondisclosure or confidentiality
agreements or statements prohibiting or otherwise restricting its employees or
contactors from lawfully reporting waste, fraud, or abuse to a designated
investigative or law enforcement representative of a Federal department or agency
authorized to receive such information.
B. The Recipient further attests that it does not and will not use any Federal funds to
implement or enforce any nondisclosure and/or confidentiality policy, form, or
agreement it uses unless it contains the following provisions:
i. ‘‘These provisions are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or liabilities created by
existing statute or Executive order relating to (1) classified information, (2)
communications to Congress, (3) the reporting to an Inspector General of a
violation of any law, rule, or regulation, or mismanagement, a gross waste of
funds, an abuse of authority, or a substantial and specific danger to public
health or safety, or (4) any other whistleblower protection. The definitions,
requirements, obligations, rights, sanctions, and liabilities created by
controlling Executive orders and statutory provisions are incorporated into
this agreement and are controlling.’’
ii. The limitation above shall not contravene requirements applicable to
Standard Form 312, Form 4414, or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
iii. Notwithstanding provision listed in paragraph (a), a nondisclosure or
confidentiality policy form or agreement that is to be executed by a person
connected with the conduct of an intelligence or intelligence-related activity,
25
Special Terms and Conditions
15
other than an employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information received
in the course of such activity unless specifically authorized to do so by the
United States Government. Such nondisclosure or confidentiality forms shall
also make it clear that they do not bar disclosures to Congress, or to an
authorized official of an executive agency or the Department of Justice, that
are essential to reporting a substantial violation of law.
Term 33. Contractor Change Notification
Except for contractors specifically proposed as part of the Recipient’s Application for award, the
Recipient must notify the Contracting Officer and Project Manager in writing 30 days prior to
the execution of new or modified contract agreements, including naming any To Be Determined
contractors. This notification does not constitute a waiver of the prior approval requirements
outlined in 2 CFR part 200 as amended by 2 CFR part 910, nor does it relieve the Recipient from
its obligation to comply with applicable Federal statutes, regulations, and executive orders.
In order to satisfy this notification requirement, the Recipient documentation must, as a
minimum, include the following:
• A description of the service to be provided or the equipment to be purchased.
• An assurance that the process undertaken by the Recipient to solicit the contractor
complies with their written procurement procedures as outlined in 2 CFR 200.317
through 200.327.
• An assurance that no planned, actual or apparent conflict of interest exists between the
Recipient and the selected contractor and that the Recipient’s written standards of
conduct were followed.3
• A completed Environmental Questionnaire, if applicable.
• An assurance that the contractor is not a debarred or suspended entity.
• An assurance that all required award provisions will be flowed down in the resulting
contract agreement.
3 It is DOE’s position that the existence of a “covered relationship” as defined in 5 CFR 2635.502(a)&(b) between a member of
the Recipient’s owners or senior management and a member of a subrecipient’s owners or senior management creates at a
minimum an apparent conflict of interest that would require the Recipient to notify the Contracting Officer and provide
detailed information and justification (including, for example, mitigation measures) as to why the subrecipient agreement does
not create an actual conflict of interest. The Recipient must also notify the Contracting Officer of any new subrecipient
agreement with: (1) an entity that is owned or otherwise controlled by the Recipient; or (2) an entity that is owned or
otherwise controlled by another entity that also owns or otherwise controls the Recipient, as it is DOE’s position that these
situations also create at a minimum an apparent conflict of interest.
26
Special Terms and Conditions
16
The Recipient is responsible for making a final determination to award or modify contractor
agreements under this agreement, but the Recipient may not proceed with the contractor
agreement until the Contracting Officer determines, and provides the Recipient written
notification, that the information provided is adequate.
Should the Recipient not receive a written notification of adequacy from the Contracting Officer
within 30 days of the submission of the contractor documentation stipulated above, the
Recipient may proceed to award or modify the proposed contractor agreement.
Term 34. Recipient Integrity and Performance Matters
A. General Reporting Requirement
If the total value of your currently active Financial Assistance awards, grants, and
procurement contracts from all Federal awarding agencies exceeds $10,000,000 for
any period of time during the period of performance of this Federal award, then you
as the recipient during that period of time must maintain the currency of
information reported to the System for Award Management (SAM) that is made
available in the designated integrity and performance system (currently the Federal
Awardee Performance and Integrity Information System (FAPIIS)) about civil,
criminal, or administrative proceedings described in paragraph 2 of this term. This is
a statutory requirement under section 872 of Public Law 110-417, as amended (41
U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information
posted in the designated integrity and performance system on or after April 15,
2011, except past performance reviews required for Federal procurement contracts,
will be publicly available.
B. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
i. Is in connection with the award or performance of a Financial Assistance,
cooperative agreement, or procurement contract from the Federal
Government;
ii. Reached its final disposition during the most recent five-year period; and
iii. Is one of the following:
1. A criminal proceeding that resulted in a conviction, as defined in
paragraph E of this award term and condition;
2. A civil proceeding that resulted in a finding of fault and liability and
payment of a monetary fine, penalty, reimbursement, restitution, or
damages of $5,000 or more;
3. An administrative proceeding, as defined in paragraph E of this term,
that resulted in a finding of fault and liability and your payment of
either a monetary fine or penalty of $5,000 or more or
reimbursement, restitution, or damages in excess of $100,000; or
27
Special Terms and Conditions
17
4. Any other criminal, civil, or administrative proceeding if:
a. It could have led to an outcome described in paragraph B.iii.1,
2, or 3 of this term;
b. It had a different disposition arrived at by consent or
compromise with an acknowledgment of fault on your part;
and
c. The requirement in this term to disclose information about
the proceeding does not conflict with applicable laws and
regulations.
C. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about
each proceeding described in paragraph B of this term. You do not need to submit
the information a second time under assistance awards that you received if you
already provided the information through SAM because you were required to do so
under Federal procurement contracts that you were awarded.
D. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph A
of this term, you must report proceedings information through SAM for the most
recent five-year period, either to report new information about any proceeding(s)
that you have not reported previously or affirm that there is no new information to
report. Recipients that have Federal contract, Financial Assistance awards,
(including cooperative agreement awards) with a cumulative total value greater than
$10,000,000, must disclose semiannually any information about the criminal, civil,
and administrative proceedings.
E. Definitions
For purposes of this term:
i. Administrative proceeding means a non-judicial process that is adjudicatory
in nature in order to make a determination of fault or liability (e.g., Securities
and Exchange Commission Administrative proceedings, Civilian Board of
Contract Appeals proceedings, and Armed Services Board of Contract
Appeals proceedings). This includes proceedings at the Federal and State
level but only in connection with performance of a Federal contract or
Financial Assistance awards. It does not include audits, site visits, corrective
plans, or inspection of deliverables.
ii. Conviction means a judgment or conviction of a criminal offense by any court
of competent jurisdiction, whether entered upon a verdict or a plea, and
includes a conviction entered upon a plea of nolo contendere.
iii. Total value of currently active Financial Assistance awards, cooperative
agreements and procurement contracts includes—
28
Special Terms and Conditions
18
1. Only the Federal share of the funding under any Federal award with a
recipient cost share or match; and
2. The value of all expected funding increments under a Federal award and
options, even if not yet exercised.
Term 35. Export Control
The United States government regulates the transfer of information, commodities, technology,
and software considered to be strategically important to the U.S. to protect national security,
foreign policy, and economic interests without imposing undue regulatory burdens on
legitimate international trade. There is a network of Federal agencies and regulations that
govern exports that are collectively referred to as “Export Controls.” The Recipient is
responsible for ensuring compliance with all applicable United States Export Control laws and
regulations relating to any work performed under a resulting award.
The Recipient must immediately report to DOE any export control violations related to the
project funded under this award, at the recipient or subrecipient level, and provide the
corrective action(s) to prevent future violations.
Term 36. Interim Conflict of Interest Policy for Financial Assistance
The DOE interim Conflict of Interest Policy for Financial Assistance (COI Policy) can be found at
https://www.energy.gov/management/department-energy-interim-conflict-interest-policy-
requirements-financial-assistance. This policy is applicable to all non-Federal entities applying
for, or that receive, DOE funding by means of a financial assistance award (e.g., a grant,
cooperative agreement, or technology investment agreement) and, through the
implementation of this policy by the entity, to each Investigator who is planning to participate
in, or is participating in, the project funded wholly or in part under this Award. The term
“Investigator” means the PI and any other person, regardless of title or position, who is
responsible for the purpose, design, conduct, or reporting of a project funded by DOE or
proposed for funding by DOE. The Recipient must flow down the requirements of the interim
COI Policy to any contracting non-Federal entities, with the exception of DOE National
Laboratories. Further, the Recipient must identify all financial conflicts of interests (FCOI), i.e.,
managed and unmanaged/ unmanageable, in its initial and ongoing FCOI reports.
Prior to award, the Recipient was required to: 1) ensure all Investigators on this Award
completed their significant financial disclosures; 2) review the disclosures; 3) determine
whether a FCOI exists; 4) develop and implement a management plan for FCOIs; and 5) provide
DOE with an initial FCOI report that includes all FCOIs (i.e., managed and
unmanaged/unmanageable). Within 180 days of the date of the Award, the Recipient must be
in full compliance with the other requirements set forth in DOE’s interim COI Policy.
Term 37. Organizational Conflict of Interest
Organizational conflicts of interest are those where, because of relationships with a parent
company, affiliate, or subsidiary organization, the Recipient is unable or appears to be unable to
29
Special Terms and Conditions
19
be impartial in conducting procurement action involving a related organization (2 CFR
200.318(c)(2)).
The Recipient must disclose in writing any potential or actual organizational conflict of interest
to the DOE Contracting Officer. The Recipient must provide the disclosure prior to engaging in
a procurement or transaction using project funds with a parent, affiliate, or subsidiary
organization that is not a state, local government, or Indian tribe. For a list of the information
that must be included the disclosure, see Section VI. of the DOE interim Conflict of Interest
Policy for Financial Assistance at https://www.energy.gov/management/department-energy-
interim-conflict-interest-policy-requirements-financial-assistance.
If the effects of the potential or actual organizational conflict of interest cannot be avoided,
neutralized, or mitigated, the Recipient must procure goods and services from other sources
when using project funds. Otherwise, DOE may terminate the Award in accordance with 2 CFR
200.340 unless continued performance is determined to be in the best interest of the Federal
government.
The Recipient must flow down the requirements of the interim COI Policy to any contracting
non-Federal entities, with the exception of DOE National Laboratories. The Recipient is
responsible for ensuring contractor compliance with this term.
If the Recipient has a parent, affiliate, or subsidiary organization that is not a state, local
government, or Indian tribe, the Recipient must maintain written standards of conduct covering
organizational conflicts of interest.
Term 38. Prohibition on Certain Telecommunications and Video Surveillance
Services or Equipment
As set forth in 2 CFR 200.216, recipients and subrecipients are prohibited from obligating or
expending project funds (Federal and non-Federal funds) to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or
(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment,
services, or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any
system. As described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies Company
or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video
30
Special Terms and Conditions
20
surveillance and telecommunications equipment produced by Hytera
Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or
using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or
provided by an entity that the Secretary of Defense, in consultation with the Director
of the National Intelligence or the Director of the Federal Bureau of Investigation,
reasonably believes to be an entity owned or controlled by, or otherwise connected
to, the government of a covered foreign country.
See Public Law 115-232, section 889 for additional information.
Term 39. Human Subjects Research
Research involving human subjects, biospecimens, or identifiable private information
conducted with Department of Energy (DOE) funding is subject to the requirements of DOE
Order 443.1C, Protection of Human Research Subjects, 45 CFR Part 46, Protection of Human
Subjects (subpart A which is referred to as the “Common Rule”), and 10 CFR Part 745, Protection
of Human Subjects.
Federal regulation and the DOE Order require review by an Institutional Review Board (IRB) of
all proposed human subjects research projects. The IRB is an interdisciplinary ethics board
responsible for ensuring that the proposed research is sound and justifies the use of human
subjects or their data; the potential risks to human subjects have been minimized; participation
is voluntary; and clear and accurate information about the study, the benefits and risks of
participating, and how individuals’ data/specimens will be protected/used, is provided to
potential participants for their use in determining whether or not to participate.
The Recipient shall provide the Federal Wide Assurance number identified in item 1 below and
the certification identified in item 2 below to DOE prior to initiation of any project that will
involve interactions with humans in some way (e.g., through surveys); analysis of their
identifiable data (e.g., demographic data and energy use over time); asking individuals to test
devices, products, or materials developed through research; and/or testing of commercially
available devices in buildings/homes in which humans will be present. Note: This list of
examples is illustrative and not all inclusive.
No DOE funded research activity involving human subjects, biospecimens, or identifiable
private information shall be conducted without:
31
Special Terms and Conditions
21
1) A registration and a Federal Wide Assurance of compliance accepted by the Office of
Human Research Protection (OHRP) in the Department of Health and Human Services;
and
2) Certification that the research has been reviewed and approved by an Institutional
Review Board (IRB) provided for in the assurance. IRB review may be accomplished by
the awardee’s institutional IRB; by the Central DOE IRB; or if collaborating with one of
the DOE national laboratories, by the DOE national laboratory IRB.
The Recipient is responsible for ensuring all subrecipients comply and for reporting information
on the project annually to the DOE Human Subjects Research Database (HSRD) at
https://science.osti.gov/HumanSubjects/Human-Subjects-Database/home. Note: If a DOE IRB
is used, no end of year reporting will be needed.
Additional information on the DOE Human Subjects Research Program can be found at:
https://science.osti.gov/ber/human-subjects
Term 40. Fraud, Waste and Abuse
The mission of the DOE Office of Inspector General (OIG) is to strengthen the integrity,
economy and efficiency of DOE’s programs and operations including deterring and detecting
fraud, waste, abuse and mismanagement. The OIG accomplishes this mission primarily through
investigations, audits, and inspections of Department of Energy activities to include grants,
cooperative agreements, loans, and contracts. The OIG maintains a Hotline for reporting
allegations of fraud, waste, abuse, or mismanagement. To report such allegations, please visit
https://www.energy.gov/ig/ig-hotline.
Additionally, the Recipient must be cognizant of the requirements of 2 CFR § 200.113
Mandatory disclosures, which states:
The non-Federal entity or applicant for a Federal award must disclose, in a
timely manner, in writing to the Federal awarding agency or pass-through
entity all violations of Federal criminal law involving fraud, bribery, or gratuity
violations potentially affecting the Federal award. Non-Federal entities that
have received a Federal award including the term and condition outlined in
appendix XII of 2 CFR Part 200 are required to report certain civil, criminal, or
administrative proceedings to SAM (currently FAPIIS). Failure to make
required disclosures can result in any of the remedies described in § 200.339.
(See also 2 CFR part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.)
Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements
Term 41. Reporting, Tracking and Segregation of Incurred Costs
32
Special Terms and Conditions
22
BIL funds can be used in conjunction with other funding, as necessary to complete projects, but
tracking and reporting must be separate to meet the reporting requirements of the BIL and
related Office of Management and Budget (OMB) Guidance. The Recipient must keep separate
records for BIL funds and must ensure those records comply with the requirements of the BIL.
Funding provided through the BIL that is supplemental to an existing grant or cooperative
agreement is one-time funding.
Term 42. Davis-Bacon Requirements
This award is funded under Division D of the Bipartisan Infrastructure Law (BIL). All laborers
and mechanics employed by the recipient, subrecipients, contractors or subcontractors in the
performance of construction, alteration, or repair work in excess of $2,000 on an award funded
directly by or assisted in whole or in part by funds made available under this award shall be
paid wages at rates not less than those prevailing on similar projects in the locality, as
determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title
40, United States Code commonly referred to as the “Davis-Bacon Act” (DBA).
Recipients shall provide written assurance acknowledging the DBA requirements for the award
or project and confirming that all of the laborers and mechanics performing construction,
alteration, or repair, through funding under the award are paid or will be paid wages at rates
not less than those prevailing on projects of a character similar in the locality as determined by
Subchapter IV of Chapter 31 of Title 40, United States Code (Davis-Bacon Act).
The Recipient must comply with all of the Davis-Bacon Act requirements, including but not
limited to:
(1) ensuring that the wage determination(s) and appropriate Davis-Bacon clauses
and requirements are flowed down to and incorporated into any applicable
subcontracts.
(2) being responsible for compliance by any subcontractor with the Davis-Bacon
labor standards.
(3) receiving and reviewing certified weekly payrolls submitted by all
subcontractors and subrecipients for accuracy and to identify potential
compliance issues.
(4) maintaining original certified weekly payrolls for 3 years after the completion
of the project and must make those payrolls available to the DOE or the
Department of Labor upon request, as required by 29 CFR 5.6(a)(2).
(5) conducting payroll and job-site reviews for construction work, including
interviews with employees, with such frequency as may be necessary to assure
compliance by its subcontractors and as requested or directed by the DOE.
(6) cooperating with any authorized representative of the Department of Labor
in their inspection of records, interviews with employees, and other actions
undertaken as part of a Department of Labor investigation.
33
Special Terms and Conditions
23
(7) posting in a prominent and accessible place the wage determination(s) and
Department of Labor Publication: WH-1321, Notice to Employees Working on
Federal or Federally Assisted Construction Projects.
(8) notifying the Contracting Officer of all labor standards issues, including all
complaints regarding incorrect payment of prevailing wages and/or fringe
benefits, received from the recipient, , contractor, or subcontractor employees;
significant labor standards violations, as defined in 29 CFR 5.7; disputes
concerning labor standards pursuant to 29 CFR parts 4, 6, and 8 and as defined in
FAR 52.222-14; disputed labor standards determinations; Department of Labor
investigations; or legal or judicial proceedings related to the labor standards
under this Contract, a subcontract, or subrecipient award.
(9) preparing and submitting to the Contracting Officer, the Office of
Management and Budget Control Number 1910-5165, Davis Bacon Semi-Annual
Labor Compliance Report, by April 21 and October 21 of each year. Form
submittal will be administered through the iBenefits system
(https://doeibenefits2.energy.gov) or its successor system.
The Recipient must undergo Davis-Bacon Act compliance training and must maintain
competency in Davis-Bacon Act compliance. The Contracting Officer will notify the Recipient of
any DOE sponsored Davis-Bacon Act compliance trainings. The Department of Labor offers free
Prevailing Wage Seminars several times a year that meet this requirement, at
https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events.
The Department of Energy has contracted with, a third-party DBA electronic payroll compliance
software application. The Recipient must ensure the timely electronic submission of weekly
certified payrolls as part of its compliance with the Davis-Bacon Act unless a waiver is granted
to a particular contractor or subcontractor because they are unable or limited in their ability to
use or access the software.
Davis Bacon Act Electronic Certified Payroll Submission Waiver
A waiver must be granted before the award starts. The applicant does not have the right to
appeal SCEP’s decision concerning a waiver request.
For additional guidance on how to comply with the Davis-Bacon provisions and clauses, see
https://www.dol.gov/agencies/whd/government-contracts/construction and
https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in-
construction.
Term 43. Buy American Requirement for Infrastructure Projects
*NOTE: Buy American Requirements only apply to awards over $250,000. Please disregard this
section if your total EECBG Program award is less than $250,000.
34
Special Terms and Conditions
24
A. Definitions
Components are defined as the articles, materials, or supplies
incorporated directly into the end manufactured product(s).
Construction Materials are an article, material, or supply—other than
an item primarily of iron or steel; a manufactured product; cement
and cementitious materials; aggregates such as stone, sand, or gravel;
or aggregate binding agents or additives—that is used in an
infrastructure project and is or consists primarily of non-ferrous
metals, plastic and polymer-based products (including
polyvinylchloride, composite building materials, and polymers used in
fiber optic cables), glass (including optic glass), lumber, drywall,
coatings (paints and stains), optical fiber, clay brick; composite
building materials; or enginSCEPd wood products.
Domestic Content Procurement Preference Requirement- means a
requirement that no amounts made available through a program for
federal financial assistance may be obligated for an infrastructure
project unless—
(A) all iron and steel used in the project are produced in the United
States;
(B) the manufactured products used in the project are produced in the
United States; or
(C) the construction materials used in the project are produced in the
United States.
Also referred to as the Buy America Requirement.
Infrastructure includes, at a minimum, the structures, facilities, and
equipment located in the United States, for: roads, highways, and
bridges; public transportation; dams, ports, harbors, and other
maritime facilities; intercity passenger and freight railroads; freight
and intermodal facilities; airports; water systems, including drinking
water and wastewater systems; electrical transmission facilities and
systems; utilities; broadband infrastructure; and buildings and real
property; and generation, transportation, and distribution of energy -
including electric vehicle (EV) charging.
The term “infrastructure” should be interpreted broadly, and the
definition provided above should be considered as illustrative and not
exhaustive.
35
Special Terms and Conditions
25
Manufactured Products are items used for an infrastructure project
made up of components that are not primarily of iron or steel;
construction materials; cement and cementitious materials’
aggregates such as stone, sand, or gravel; or aggregate binding agents
or additives.
Primarily of iron or steel means greater than 50% iron or steel,
measured by cost.
Project- means the construction, alteration, maintenance, or repair of
infrastructure in the United States.
Public- The Buy America Requirement does not apply to non-public
infrastructure. For purposes of this guidance, infrastructure should be
considered “public” if it is: (1) publicly owned or (2) privately owned
but utilized primarily for a public purpose. Infrastructure should be
considered to be “utilized primarily for a public purpose” if it is
privately operated on behalf of the public or is a place of public
accommodation.
B. Buy America Requirement
None of the funds provided under this award (federal share or
recipient cost-share) may be used for a project for infrastructure
unless:
1. All iron and steel used in the project is produced in the
United States—this means all manufacturing processes,
from the initial melting stage through the application of
coatings, occurred in the United States;
2. All manufactured products used in the project are
produced in the United States—this means the
manufactured product was manufactured in the United
States; and the cost of the components of the
manufactured product that are mined, produced, or
manufactured in the United States is greater than 55
percent of the total cost of all components of the
manufactured product, unless another standard for
determining the minimum amount of domestic content of
the manufactured product has been established under
applicable law or regulation; and
36
Special Terms and Conditions
26
3. All construction materials are manufactured in the United
States—this means that all manufacturing processes for the
construction material occurred in the United States.
The Buy America Requirement only applies to articles, materials, and
supplies that are consumed in, incorporated into, or permanently
affixed to an infrastructure project. As such, it does not apply to tools,
equipment, and supplies, such as temporary scaffolding, brought into
the construction site and removed at or before the completion of the
infrastructure project. Nor does a Buy America Requirement apply to
equipment and furnishings, such as movable chairs, desks, and
portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or
permanently affixed to the infrastructure project.
Recipients are responsible for administering their award in accordance
with the terms and conditions, including the Buy America
Requirement. The recipient must ensure that the Buy America
Requirement flows down to all subawards and that the subawardees
and subrecipients comply with the Buy America Requirement. The
Buy America Requirement term and condition must be included all
sub-awards, contracts, subcontracts, and purchase orders for work
performed under the infrastructure project.
C. Certification of Compliance
The Recipient must certify or provide equivalent documentation for
proof of compliance that a good faith effort was made to solicit bids
for domestic products used in the infrastructure project under this
Award.
The Recipient must also maintain certifications or equivalent
documentation for proof of compliance that those articles, materials,
and supplies that are consumed in, incorporated into, affixed to, or
otherwise used in the infrastructure project, not covered by a waiver
or exemption, are produced in the United States. The certification or
proof of compliance must be provided by the suppliers or
manufacturers of the iron, steel, manufactured products and
construction materials and flow up from all subawardees, contractors
and vendors to the Recipient. The Recipient must keep these
certifications with the award/project files and be able to produce
them upon request from DOE, auditors or Office of Inspector General.
37
Special Terms and Conditions
27
D. Waivers
When necessary, the Recipient may apply for, and DOE may grant, a
waiver from the Buy America Requirement. Requests to waive the
application of the Buy America Requirement must be in writing to the
Contracting Officer. Waiver requests are subject to review by DOE and
the Office of Management and Budget, as well as a public comment
period of no less than 15 calendar days.
Waivers must be based on one of the following justifications:
1. Public Interest- Applying the Buy America Requirement would
be inconsistent with the public interest;
2. Non-Availability- The types of iron, steel, manufactured
products, or construction materials are not produced in the
United States in sufficient and reasonably available quantities
or of a satisfactory quality; or
3. Unreasonable Cost- The inclusion of iron, steel, manufactured
products, or construction materials produced in the United
States will increase the cost of the overall project by more than
25 percent.
Requests to waive the Buy America Requirement must include the
following:
• Waiver type (Public Interest, Non-Availability, or Unreasonable
Cost);
• Recipient name and Unique Entity Identifier (UEI);
• Award information (Federal Award Identification Number,
Assistance Listing number);
• A brief description of the project, its location, and the specific
infrastructure involved;
• Total estimated project cost, with estimated federal share and
recipient cost share breakdowns;
• Total estimated infrastructure costs, with estimated federal
share and recipient cost share breakdowns;
• List and description of iron or steel item(s), manufactured
goods, and/or construction material(s) the recipient seeks to
waive from the Buy America Preference, including name, cost,
quantity(ies), country(ies) of origin, and relevant Product
Service Codes (PSC) and North American Industry Classification
System (NAICS) codes for each;
38
Special Terms and Conditions
28
• A detailed justification as to how the non-domestic item(s)
is/are essential the project;
• A certification that the recipient made a good faith effort to
solicit bids for domestic products supported by terms included
in requests for proposals, contracts, and non-proprietary
communications with potential suppliers;
• A justification statement—based on one of the applicable
justifications outlined above—as to why the listed items
cannot be procured domestically, including the due diligence
performed (e.g., market research, industry outreach, cost
analysis, cost-benefit analysis) by the recipient to attempt to
avoid the need for a waiver. This justification may cite, if
applicable, the absence of any Buy America-compliant bids
received for domestic products in response to a solicitation;
and
• Anticipated impact to the project if no waiver is issued.
The Recipient should consider using the following principles as
minimum requirements contained in their waiver request:
• Time-limited: Consider a waiver constrained principally by a
length of time, rather than by the specific project/award to
which it applies. Waivers of this type may be appropriate, for
example, when an item that is “non-available” is widely used in
the project. When requesting such a waiver, the Recipient
should identify a reasonable, definite time frame (e.g., no more
than one to two years) designed so that the waiver is reviewed
to ensure the condition for the waiver (“non-availability”) has
not changed (e.g., domestic supplies have become more
available).
• Targeted: Waiver requests should apply only to the item(s),
product(s), or material(s) or category(ies) of item(s),
product(s), or material(s) as necessary and justified. Waivers
should not be overly broad as this will undermine domestic
preference policies.
• Conditional: The Recipient may request a waiver with specific
conditions that support the policies of IIJA/BABA and Executive
Order 14017.
DOE may request, and the Recipient must provide, additional
information for consideration of this wavier. DOE may reject or grant
39
Special Terms and Conditions
29
waivers in whole or in part depending on its review, analysis, and/or
feedback from OMB or the public. DOEs final determination regarding
approval or rejection of the waiver request may not be appealed.
Waiver requests may take up to 90 calendar days to process.
Term 44. Affirmative Action and Pay Transparency Requirements
All federally assisted construction contracts exceeding $10,000 annually will be subject to the
requirements of Executive Order 11246:
(1) Recipients and contractors are prohibited from discriminating in
employment decisions on the basis of race, color, religion, sex, sexual
orientation, gender identity or national origin.
(2) Recipients and contractors are required to take affirmative action to
ensure that equal opportunity is provided in all aspects of their
employment. This includes flowing down the appropriate language to all
subrecipients, contractors and subcontractors.
(3) Recipients and contractors are prohibited from taking adverse
employment actions against applicants and employees for asking about,
discussing, or sharing information about their pay or, under certain
circumstances, the pay of their co-workers.
The Department of Labor’s (DOL) Office of Federal Contractor Compliance Programs (OFCCP)
uses a neutral process to schedule contractors for compliance evaluations. OFCCP’s Technical
Assistance Guide4 should be consulted to gain an understanding of the requirements and
possible actions the recipients, subrecipients, contractors and subcontractors must take.
Term 45. Potentially Duplicative Funding Notice
If the Recipient have or receive any other award of federal funds for activities that potentially
overlap with the activities funded under this Award, the Recipient must promptly notify DOE in
writing of the potential overlap and state whether project funds (i.e., recipient cost share and
federal funds) from any of those other federal awards have been, are being, or are to be used
(in whole or in part) for one or more of the identical cost items under this Award. If there are
identical cost items, the Recipient must promptly notify the DOE Contracting Officer in writing
of the potential duplication and eliminate any inappropriate duplication of funding.
Term 46. Transparency of Foreign Connections
4 See OFCCP’s Technical Assistance Guide at:
https://www.dol.gov/sites/dolgov/files/ofccp/Construction/files/ConstructionTAG.pdf?msclkid=9e397d68c4b111ec9d8e6fecb6c710ec Also see the National Policy Assurances http://www.nsf.gov/awards/managing/rtc.jsp
40
Special Terms and Conditions
30
During the term of the Award, the Recipient must notify the DOE Contracting Officer within
fifteen (15) business days of learning of the following circumstances in relation to the Recipient
or contractors:
1. The existence of any joint venture or subsidiary that is based in, funded by, or has a
foreign affiliation with any foreign country of risk;
2. Any current or pending contractual or financial obligation or other agreement
specific to a business arrangement, or joint venture-like arrangement with an
enterprise owned by a country of risk or foreign entity based in a country of risk;
3. Any current or pending change in ownership structure of the Recipient or
contractors that increases foreign ownership related to a country of risk;
4. Any current or pending venture capital or institutional investment by an entity that
has a general partner or individual holding a leadership role in such entity who has a
foreign affiliation with any foreign country of risk;
5. Any current or pending technology licensing or intellectual property sales to a
foreign country of risk; and
6. Any current or pending foreign business entity, offshore entity, or entity outside the
United States related to the Recipient or subrecipient.
Term 47. Foreign Collaboration Considerations
a. Consideration of new collaborations with foreign organizations and governments.
The Recipient must provide DOE with advanced written notification of any potential
collaboration with foreign entities, organizations or governments in connection with
its DOE-funded award scope. The Recipient must await further guidance from DOE
prior to contacting the proposed foreign entity, organization or government
regarding the potential collaboration or negotiating the terms of any potential
agreement.
b. Existing collaborations with foreign entities, organizations and governments. The
Recipient must provide DOE with a written list of all existing foreign collaborations in
which has entered in connection with its DOE-funded award scope.
c. Description of collaborations that should be reported: In general, a collaboration will
involve some provision of a thing of value to, or from, the Recipient. A thing of value
includes but may not be limited to all resources made available to, or from, the
recipient in support of and/or related to the Award, regardless of whether or not
they have monetary value. Things of value also may include in-kind contributions
(such as office/laboratory space, data, equipment, supplies, employees, students).
In-kind contributions not intended for direct use on the Award but resulting in
provision of a thing of value from or to the Award must also be reported.
Collaborations do not include routine workshops, conferences, use of the Recipient’s
services and facilities by foreign investigators resulting from its standard published
41
Special Terms and Conditions
31
process for evaluating requests for access, or the routine use of foreign facilities by
awardee staff in accordance with the Recipient’s standard policies and procedures.
________________________________________________________________
Authorized Signature Date
Name:
Title:
Entity Name:
42
Memorandum
REPORT TO:City Commission
FROM:Josh Waldo, Fire Chief
SUBJECT:Authorize the City Manager to Accept a Federal Emergency Management
Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER)
Grant to Add 12 New Firefighter Positions
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the City Manager to accept a Federal Emergency Management
Agency (FEMA) Staffing for Adequate Fire and Emergency Response (SAFER)
grant to add 12 new firefighter positions.
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:
The City applied for a Staffing for Adequate Fire and Emergency Response
(SAFER) grant via the Federal Emergency Management Agency (FEMA) back
in February 2024. The City was notified in September that the City has been
awarded a grant for 12 new firefighter positions. This is a three-year grant
that covers 100 percent of the salaries and benefits costs of the 12
firefighter positions. The funding (performance period) for this grant begins
on March 23, 2025 and will end on March 22, 2028. The funding breakdown
is provided below,
Year 1: $1,387,956
Year 2: $1,491,600
Year 3: $1,589,088
Total: $4,468,644
The City has until October 23, 2024 to accept the grant. After acceptance
the Fire Department will work with the Human Resources Department to
immediately begin a recruitment effort to prepare to fill these 12 new
positions on March 24, 2025.
43
Upon expiration of the grant in 2028, the City will be responsible for funding
the salaries and benefits for these positions.
UNRESOLVED ISSUES:None at this time
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:The grant covers 100 percent of the salary and benefits for these 12
firefighting positions from March 23, 2025 through March 23, 2028. The city
will be responsible for the salary and benefits cost of these employees
beginning on March 22, 2028.
Attachments:
FEMA SAFER award letter.pdf
Report compiled on: October 9, 2024
44
45
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Nick Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Maintenance Agreement with the
Montana Department of Transportation for the Bozeman Main Street Hotel
Project
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the City Manager to Sign a Maintenance Agreement with the
Montana Department of Transportation for the Bozeman Main Street Hotel
Project.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The intent of this agreement is to define maintenance responsibilities
between the Montana Department of Transportation (MDT) and city of
Bozeman (city) for the landscaping and street furniture associated with the
Main Street Hotel project.
The Main Street Hotel project, located at 507 West Main Street, has
advanced through development review by the city. The city has applied its
street frontage requirements for amenities such as sidewalks, benches, and
street trees. Main Street (N-50) is a route owned and maintained by MDT.
MDT holds the approval authority for right of way encroachments and
requires maintenance agreements with municipalities for features such as
those requested by the city.
This maintenance agreement will allow the project to advance under the
conditions defined by the city's Unified Development Code.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:The maintenance of the facilities will be undertaken through existing budget
appropriations.
Attachments:
46
Maintenance Agreement_Bozeman_Main St Hotel.pdf
Report compiled on: August 29, 2024
47
Project Name Bozeman Main Street Hotel
Project Address 507 W. MAIN STREET
MDT Maintained Route (Route) N-50
Reference Post 88.85
Project Developer/Encroachment
Applicant
JOEY STASZCUK
Name of City or Municipality Bozeman, Gallatin County
Address of City or Municipality 121 N Rouse Ave. Bozeman, MT 59715
Current IDC Rate for Fiscal Year Year: 2024 13.56%
Current year MDT Nondiscrimination and
Disability Accommodation Notice
Revised (Month/Year): 01/2022
Attachment A This Agreement by and between Bozeman, and the Montana Department of Transportation
(MDT, Department, or State), establishes the responsibilities and duties of the parties in
respect to Project activities on a portion of Route C000050 located within Bozeman.
The purpose of this Agreement is to set forth the respective responsibilities and duties of the
Parties associated with the installation and maintenance of the Project Specific Features within
the above referenced MDT right-of-way, a commission-designated highway system, per the
approved plans (Attachment B) received from the Developer. This Agreement sets forth terms
regarding the Bozeman Gallatin County’s maintenance responsibilities for the Project that the
Bozeman Gallatin County must meet for MDT to provide the Developer the necessary
Encroachment Permit to install the Project Specific Features. Any Encroachment Permit
granted to the Developer by this Agreement is explicitly subject and subordinate to the rights
and title of MDT and the State of Montana and the attached General Terms and Conditions.
Project Features
Select the checkbox next to every feature listed below that your project includes and that you
intend to address in the current agreement. Standard language is provided in the template for
these features. (See Article III Project Specific Features)
☒ 1. Landscaping and/or Irrigation ☐ 4. Shared-Use Path*
☒ 2. Sidewalks* ☐ 5. Bulb-outs*
☒ 3. Sidewalk Benches/Bike Racks/Other
Sidewalk Amenities*
☐ 6. Lighting
*Submit preliminary plans to MDT external ADA coordinator in Helena for compliance review.
Is the project located within one of the following MS4 areas? No ☐Yes ☒
Billings/Portion of Yellowstone Co. ☐ Missoula/Portion of Missoula Co. ☐
Great Falls/Portion of Cascade Co. ☐ Bozeman ☒
Billings ☐ Butte ☐ Kalispell ☐ Helena ☐
Projects located in a Small Municipal Separate Storm Sewer System (MS4) Permit area subject to the following
conditions.
STATE OF MONTANA
Department of Transportation MAINTENANCE AGREEMENT
48
1. MDT concludes, and the City of Bozeman agrees, the project work is designed in compliance with
applicable Small MS4 Permit requirements.
2. The City of Bozeman agrees to operate, monitor and maintain storm water management features in
compliance with applicable MS4 requirements.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representative effective as of the date of final signature.
Have the Following General Terms and Conditions of this agreement been modified?
Yes ☐ No ☒
MDT City of Bozeman
X Dated:
District Administrator
X Dated:
City of Bozeman Attorney
X Dated:
City of Bozeman Manager/Mayor
X Dated:
City of Bozeman Clerk
Copy: MDT Office of Civil Rights (DocuSign Notification)
General Terms and Conditions AGREEMENT
ARTICLE I. GENERAL OBLIGATIONS OF MDT
1. If the City of Bozeman does not fulfill their maintenance requirements as stated herein, MDT may complete
the required maintenance and seek compensation from the City of Bozeman. In doing so, MDT must first
49
provide notice to the City of Bozeman allowing 60 days to complete any such maintenance. If MDT performs
such maintenance under this section, it must provide detailed invoices of such costs to the City of Bozeman.
2. MDT may complete any maintenance required due to public emergency and seek compensation from the City
of Bozeman for any costs incurred. In doing so, MDT may first provide notice to the City of Bozeman, when
possible, allowing time to complete any such maintenance. If MDT performs maintenance under this section,
it must provide detailed invoices of such costs to the City of Bozeman.
ARTICLE II. GENERAL OBLIGATIONS OF THE CITY OF BOZEMAN
1. The City of Bozeman agrees that no fixture, building, structure, or other permanent installation will be
constructed or placed within commission designated right-of-way without prior written approval from MDT.
2. The City of Bozeman agrees any maintenance within MDT right-of-way that requires lane closure or
equipment must be reviewed and approved by MDT maintenance staff prior to initiation of the maintenance.
3. The City of Bozeman shall complete the necessary environmental processes for modification to the state
highways and roadways and demonstrate that all, if any, environmental issues associated with the proposed
project have been identified and mitigated. The City of Bozeman agrees it will prepare and file any required
environmental documents and apply for and obtain any permits required by other governmental agencies at
no expense to MDT prior to maintenance taking place within commission designated right-of-way.
4. The City of Bozeman agrees to be responsible for any and all damages to facilities within commission
designated right-of-way caused by the City of Bozeman, the City of Bozeman’s staff or contractors, or
resulting from the City of Bozeman’s operations. The City of Bozeman must repair any and all damages, at its
sole expense, after notification of damage by MDT and approval of repair work needed, method of repair, and
schedule for repair.
5. If the City of Bozeman fails to perform or cause to be performed, the maintenance obligations as required by
this agreement within 60 days of written notification from MDT, MDT may complete the required
maintenance and the City of Bozeman be required to compensate MDT for its performance of said
maintenance.
6. MDT may complete any maintenance required due to a public emergency without prior notice to the City of
Bozeman. The City of Bozeman agrees to be responsible for and to reimburse MDT for said maintenance.
ARTICLE III – PROJECT SPECIFIC FEATURES
1. Landscaping/Irrigation Equipment
a. Upon completion of the Project, the City of Bozeman agrees that it is responsible, at no cost to MDT,
to service, maintain and repair the landscaping and irrigation equipment installed as part of this
project.
b. For the purposes of this Agreement, “maintenance of landscaping and irrigation system,” is defined
as: mowing, watering, debris removal, weed control, fertilizing, tree/shrub trimming including
removal, replacement and maintenance of sight triangles, the repair and replacement of fences, and
maintenance of all features in compliance with ADA/PROWAG. The irrigation system shall be fully
operational, free of leaks, with heads selected and adjusted to reduce water waste.
c. If the City of Bozeman is not able to complete the maintenance on the landscaping and irrigation
system as per this Agreement, the improvements may become the property of MDT, without
reimbursement. If landscaping or irrigation become MDT property, MDT will maintain the property
as it sees fit and may remove the landscaping and irrigation system without the City of Bozeman’s
50
approval. MDT may seek compensation for the maintenance or removal of the landscaping and
irrigation system from the City of Bozeman.
2. Sidewalks/Curb
a. Sidewalk Maintenance: Upon completion of the Project the City of Bozeman agrees, through the
enforcement of local ordinance(s) or otherwise, to maintain the sidewalks within the Project limits
and ensure they are safe and functional for the traveling public. Maintenance includes removing
snow and ice, removing debris and other obstructions or impediments to safe pedestrian travel, and
any and all other normally accepted maintenance practices.
b. Sidewalk Repair: In the event either the City of Bozeman or MDT identifies any portion of the
sidewalk within the Project limits requiring repair, the City of Bozeman agrees to make a good faith
effort to enforce any local ordinances requiring adjacent landowners to make the necessary repairs.
If the City of Bozeman is unable to cause the necessary repairs to be completed the City of Bozeman
shall notify MDT. MDT will collaborate with the City of Bozeman to determine whether State or local
funding is available to complete the necessary repairs and facilitate project nomination. Repairs
include grinding or milling down displacements; surface patching; crack sealing; replacing portions
of damaged sidewalk; repairing chipped, fractured, or broken surfaces from any cause, including but
not limited to frost heaving, landscaping, tree roots or encroachments, and any and all other
normally accepted repair practices.
c. Sidewalk requiring closure: If any portion of the sidewalk within the Project limits becomes
hazardous for use, the City of Bozeman agrees to notify MDT and restrict access to the affected area
until the condition has been remedied. MDT agrees to work with the City of Bozeman to expedite
the necessary repairs.
3. Sidewalk Benches/Bike Racks/Other Sidewalk Amenities
a. Upon completion of the project, the City of Bozeman agrees that it is responsible, at no cost to MDT,
to service, maintain and repair the benches, bike racks, planters, tree grates, and other sidewalk
amenities installed as part of this project.
b. For the purposes of this Agreement, “maintenance of benches, bike racks, planters, tree grates, and
other sidewalk amenities,” is defined as: regular inspection to ensure the safety and functionality of
the amenity, and that the hardware is intact, fasteners are made flush with surfaces, and seats and
backings are smooth with no protrusions or sharp edges. The placement must allow for a clear
approach area adjacent to the furnishing and meet pedestrian access route requirements consistent
with ADA (PROWAG) requirements.
ARTICLE IV – GENERAL TERMS AND CONDITIONS
1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10) year term, this Agreement
will renew automatically, for successive one (1) year terms, unless superseded by a new Agreement between
the parties.
2. Termination – This Agreement may be terminated by MDT if the City of Bozeman has violated or breached
any term, condition or article of this Agreement and the City of Bozeman has failed to correct the same within
60 days of receiving notice in writing addressed to the City of Bozeman at the addresses shown above, from
MDT of such violation or breach of any term condition or article of this Agreement. If this Agreement is
terminated, the improvements become the property of MDT, without reimbursement. MDT will maintain the
Project as it sees fit and may remove it without City of Bozeman approval. MDT may seek compensation for
maintenance or removal of the Project from the City of Bozeman.
3. Hold Harmless & Indemnification
The City of Bozeman agrees to protect, defend, indemnify, and hold MDT, its elected and appointed officials,
agents, and employees, while acting within their duties as such, harmless from and against all claims,
liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney
51
fees) arising in favor of or asserted by the City of Bozeman’s employees or third parties on account of
personal or bodily injury, death or damage to property, arising out of the acts or omissions of the City of
Bozeman, its agents, or sub-contractors, under this Agreement, except the negligence of MDT.
MDT agrees to protect, defend, indemnify, and hold the City of Bozeman, its elected and appointed officials,
agents, and employees, while acting within their duties as such, harmless from and against all claims,
liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney
fees) arising in favor of or asserted by the MDT’s employees or third parties on account of personal or bodily
injury, death or damage to property, arising out of the acts or omissions of MDT, its agents, or sub-
contractors, under this Agreement, except the negligence of the City of Bozeman.
4. Insurance
a. General Requirements: Each party shall maintain for the duration of this Agreement, at its own cost
and expense, insurance against claims for injuries to persons or damages to property that may arise
from or in connection with the performance of the duties and obligations in this Agreement by each
party, its agents, employees, representatives, assigns, or sub-contractors. This insurance shall cover
such claims as may be caused by any negligent act or omission.
b. General Liability Insurance: Each party shall purchase and maintain occurrence coverage with
combined single limits for bodily injury, personal injury, and property damage of $1 million per
occurrence and $2 million aggregate per year to cover such claims as may be caused by or arising
out of any negligent acts or omissions in work or services performed under this Agreement, or as
established by statutory tort limits as provided by a public entity self-insurance program either
individually or on a pool basis as provided by Mont. Code Ann. Title 2, Chapter 9.
c. General Provisions: All insurance coverage must be with a carrier licensed to do business in the
State of Montana or by a public entity self-insured program either individually or on a pool basis.
Each party must notify the other immediately of any material change in insurance coverage, such as
changes in limits, coverage, change in status of policy, etc. Each party reserves the right to request
complete copies of the other party’s insurance policy or self-insured memorandum of coverage at
any time.
d. Workers’ Compensation Insurance: The City of Bozeman must maintain workers’ compensation
insurance and require its contractors and its contractor’s sub-contractors to carry their own
workers compensation coverage while performing work within MDT right-of-way in accordance
with Mont. Code Ann. §§39-71-401 and 39-71-405. Neither the contractor nor its employees are
employees of MDT. This insurance/exemption must be valid for the entire Agreement period.
5. Public Safety
If any repairs to the elements of the Project must be performed to address or prevent a public hazard, the City
of Bozeman will immediately protect the area from public access, and make reasonable and timely effort to
correct or repair the hazard.
6. Invoicing and Indirect Cost (IDC)
Section 17-1-106, MCA, requires any state agency, including MDT, which receives non-general funds to
identify and recover its indirect costs (IDC). These costs are in addition to direct project costs. MDT’s IDC rate
is determined annually as a percentage of the project’s direct costs to cover the project’s share of MDT’s IDC
as defined by 2 CFR Part 200, Appendix VII.
7. Choice of Law and Venue
This Agreement shall be governed by the laws of Montana. The parties agree that any litigation concerning
this Agreement must be brought in the First Judicial District Court, in and for the County of Lewis and Clark,
State of Montana, and each party shall pay its own costs and attorney fees, except as otherwise noted in this
Agreement on Indemnification.
8. Binding Effect – The benefits and obligations set forth in this Agreement shall be binding upon, and insure to
the benefit of, their respective successors, administrators and assigns of the Parties.
52
9. Relationship of Parties – Nothing contained in this Agreement shall be deemed or construed (either by the
Parties hereto or by any third party) to create the relationship of principal and agent or create any
partnership joint venture or other association between the Parties.
10. Non-Discrimination – The City of Bozeman will require that during the performance of any work arising out
of this Agreement the City of Bozeman, for itself, assignees, and successors shall comply with all applicable
non-discrimination regulation set forth in Attachment “A” attached hereto and made part of this Agreement.
11. ADA - MDT requires that any construction or maintenance resulting from this Agreement must include
appropriate pedestrian facilities that meet or exceed current MDT standards for accessibility as set forth by
the United States Department of Justice 2010 ADA Standards for Accessible Design, United States Accessibility
Guidelines for Pedestrian Facilities in the Public Right-of-Way, and MDT’s Detailed Drawings, 608 series.
12. Audit – The Legislative Auditor and the Legislative Fiscal Analyst may, without prior notice and during
normal business hours, audit, at their own cost and expense, all records, reports, and other documents the
City of Bozeman maintain in connection with this Agreement.
13. Access and Retention of Records – The City of Bozeman agrees to provide the State, Legislative Auditor, or
their authorized agents access to any records necessary to determine compliance with this MOA (Mont. Code
Ann. §18-1-118). The City of Bozeman agrees to create and retain records supporting this Agreement for a
period of three years after the completion date of this Agreement or the conclusion of any claim, litigation or
exception relating to the Agreement taken by the State of Montana or a third party.
14. Highway Modifications – If MDT modifies or improves the highway or roadway facilities, the City of Bozeman
will modify, upon reasonable notice at no expense to MDT, the Project accordingly.
15. Revocation – This Agreement is revocable by MDT in the event that the Project facilities within the right-of-
way cease to be used by the City of Bozeman for a period of one year or abandoned otherwise. Upon
revocation or abandonment, the Project facilities must be removed in compliance with this Agreement.
16. Utilities – The right of any private or public utility now lawfully occupying the right-of-way to operate and
maintain utility facilities supersedes any right granted by this Agreement to the City of Bozeman. Copies of
existing utility permits may be obtained from the MDT District Utility Agent.
17. Amendment and Modification – The Parties may modify or amend this Agreement only by a written
Amendment signed by the Parties. In addition to the terms and conditions contained herein, the provisions of
any Amendment may be incorporated and made a part hereof by this reference in the terms of the
amendment so provided. In the event of any conflict between the terms and conditions hereof and the
provision of any Amendment, the provision of the Amendment shall control, unless the provisions thereof are
prohibited by law.
18. Representatives
a. The City of Bozeman’s Representative: The City of Bozeman’s Representative for this Agreement shall be
the City of Bozeman Manager or designee or such other individual as City of Bozeman shall designate in
writing. Whenever approval or authorization from or communication or submission to City of Bozeman
is required by this Agreement, such communication or submission shall be directed to the City of
Bozeman’s Representative and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when City of Bozeman’s Representative is not available,
MDT may direct its communication or submission to other designated City of Bozeman personnel or
agents.
a. MDT’s Representative: The MDT Representative for this Agreement shall be the District
Administrator or Maintenance Chief or such other individual as MDT shall designate in writing.
Whenever direction to or communication with MDT is required by this Agreement, such
53
direction or communication shall be directed to MDT’s Representative; provided, however, that
in exigent circumstances when MDT’s Representative is not available, City of Bozeman may
direct its direction or communication or submission to other designated MDT personnel or
agents.
19. Counterpart Execution - This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original but all of which together shall constitute one and the same Agreement. The counterparts
of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the
parties to any other party and the receiving party may rely on the receipt of such document so executed and
delivered by facsimile or other electronic means as if the original had been received.
54
ATTACHMENT A
MDT Nondiscrimination and Disability Accommodation Notice
55
ATTACHMENT B
Plan
56
Page 1 of 4
Rev. 01/2022
MDT NONDISCRIMINATION AND
DISABILITY ACCOMMODATION NOTICE
its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and
Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter
nyone with whom MDT does business:
Federal protected classes State protected classes
Race, color, national origin,
sex, sexual orientation, gender identity,
age, disability, income-level & Limited
English Proficiency
Race, color, national origin, parental/marital status,
pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth, religion/creed, social origin or
condition, genetic information, sex, sexual orientation,
gender identification or expression, ancestry, age,
disability mental or physical, political or religious
affiliations or ideas, military service or veteran status,
vaccination status or possession of immunity passport
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all
Acts and Regulations of the United States and the State of Montana relative to Non-
Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes in the
selection and retention of subcontractors, including procurements of materials and
leases of equipment, employment, and all other activities being performed under this
contract/agreement.
b. The PARTY will provide notice to its employees and the members of the public that it
serves that will include the following:
i. A statement that the PARTY does not discriminate on the grounds of any
protected classes.
ii. A statement that the PARTY will provide employees and members of the public
that it serves with reasonable accommodations for any known disability, upon
request, pursuant to the Americans with Disabilities Act as Amended (ADA).
iii. Contact information for the -
discrimination complaints and providing reasonable accommodations under the
ADA.
iv. Information on how to request information in alternative accessible formats.
57
Page 2 of 4
Rev. 01/2022
c. In accordance with Mont. Code Ann. § 49-3-207, the PARTY will include a provision, in all
of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of
merit and qualifications and that the PARTY does not discriminate on the grounds of any
protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the
PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services. The list of all currently certified DBE firms is located on the MDT
website at mdt.mt.gov/business/contracting/civil/dbe.shtml
b. By signing this agreement, the PARTY assures MDT that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy as the recipient deems appropriate.
c. The PARTY must include the above assurance in each contract/agreement the PARTY
enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be
performed under a subcontract, including procurements of materials, or leases of equipment,
under this contract/agreement and all Acts and Regulations of the United States and the State of
Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the
Acts, Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by MDT or
relevant US DOT Administration to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the PARTY will so certify to
MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
(6) Sanctions for Noncompliance: - discrimination
provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY
complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
58
Page 3 of 4
Rev. 01/2022
(7)Pertinent Non-Discrimination Authorities:During the performance of this contract/agreement,
the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following
non-discrimination statutes and authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
- Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
-aid recipients,
sub-recipients, and contractors, whether such programs or activities are Federally funded or
not);
- Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
- -Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
59
Page 4 of 4
Rev. 01/2022
- Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.).
- Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of
gender identity and in hiring by federal contractors on the basis of both sexual orientation and
gender identity.
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through
seven in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The
PARTY will take action with respect to any subcontract or procurement as MDT or the relevant
US DOT Administration may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT
to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request
the United States to enter into the litigation to protect the interests of the United States.
60
WEST MENDENHALL STREET
WEST MAIN STREET NORTH 5TH AVENUELIMIT OF WORK
EXISTING EDGE OF
CONCRETE
EXISTING CONCRETE SIDEWALK
EXISTING 24" DIA. TREES
TO BE REMOVED
EXISTING
GRAVEL
EXISTING EDGE OF
LANDSCAPING
EXISTING
LANDSCAPING
EXISTING 24" DIA.
TREE TO REMAIN
EXISTING 36" DIA.
TREE TO BE REMOVED
EXISTING EDGE
OF ASPHALT
EXISTING 4" DIA. TREE
TO BE REMOVED
EXISTING BUSHES
TO BE REMOVED
EXISTING 24" DIA. TREE
TO BE REMOVED
PROPERTY LINE
EXISTING CONCRETE SIDEWALK
EXISTING CONCRETE
PAVING
LIMIT OF WORK
TREE PROTECTION FENCE
EXISTING DECIDUOUS TREE
EXISTING CONIFEROUS TREE
EXISTING SHRUB
TREE TO BE REMOVED
TREE TO REMAIN AND BE PROTECTED
SP SUBMITTALNORTH FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTION----TREE PROTECTION PLANMAIN STREET HOTELCONSTRUCTION PLANSBOZEMAN, MTL1.0 RPEBOZ_07022_01_LS_TP.DWGDME5/24/20221ST SITE PLAN SUBMITTAL8/15/202211/3/2023----COVER SHEET REVISION2ND SITE PLAN SUBMITTAL------BOZ-07022.010 20SCALE: 1" = 20'401020
TREE PROTECTION PLAN
UULC
LE*EN'ALMJMCTREE PROTE&TION NOTES
1.TREE REMOVAL BY OWNER.
2.PRIOR TO DEMOLITION OR CONSTRUCTION ACTIVITY, ALL TREES TO REMAIN WITHIN THE CONSTRUCTION LIMITS SHALL BE TAGGED WITH ORANGE OR PINK SURVEYOR FLAGGING.
OWNER'S REPRESENTATIVE SHALL VERIFY TAGGED TREES ARE THOSE TO BE PROTECTED.
3.TREES SMALLER THAN 6" IN DIA ARE NOT IDENTIFIED IN THE TREE PROTECTION PLAN. ALL EXISTING VEGETATION WITHIN THE TREE PROTECTION ZONE SHALL REMAIN AND BE
PROTECTED.
4.TREE STUMPS TO BE REMOVED WITH CLEARING AND GRUBBING.
5.NO CONSTRUCTION ACTIVITIES SHALL BE PERMITTED IN THE TREE PROTECTION ZONE. INCLUDING, BUT NOT LIMITED TO, MATERIALS STORAGE, TRUCK OR MATERIALS WASHOUT, OR
OTHER SITE WORK ASSOCIATED WITH THIS PROJECT.
6.DAMAGE TO TREES OR BRANCHES DURING CONSTRUCTION ACTIVITIES, WHETHER FROM THE GROUND OR OVERHEAD CRANE, SHALL INCUR A FINE OF $500 PER OCCURRENCE. NOTIFY
OWNER'S REPRESENTATIVE IMMEDIATELY UPON OCCURRENCE OF DAMAGE.
7.DO NOT CHANGE OR ALTER GRADES WITHIN THE TREE PROTECTION ZONE.
8.CUT OFF EXPOSED ROOTS WHERE FOUND ALONG GRADING AND CLEARING LIMITS. CLEANLY CUT ROOTS, AVOIDING TEARS. COVER ALL EXPOSED ROOTS WITH ORGANIC MULCH, COMPOST
OR TOPSOIL.
9.DEMOLITION AND REMOVAL ACTIVITIES SHALL AVOID TREE PROTECTION AREAS AND AVOID BRANCHES OF TREES TO REMAIN.
10.CONTRACTOR SHALL REMOVE AND DISPOSE OF OFF SITE ALL TREE LIMBS, TRUNKS, AND STUMPS.
VARIES PER TREE SIZE - EXTEND FROM DRIPLINE TO DRIPLINE
4'-0"SECTION
NOTES:
1.IN AREAS WHERE GRADING EXTENDS INTO EXISTING TREE
DRIPLINES, CONTRACTOR SHALL HAND GRADE.
2.REMOVAL OF TREE PROTECTION FENCE DURING CONSTRUCTION
WILL RESULT IN A $500 PER INCIDENT, PER DAY FINE TO THE
CONTRACTOR.
3.TREE PROTECTION FENCE SHALL BE INSTALLED PRIOR TO ANY
LAND DISTURBING ACTIVITIES.
4.ANY DAMAGED FENCE SHALL BE REPAIRED ON A DAILY BASIS.
5.DEAD TREES, SHRUBS, OR UNDERGROWTH SHALL BE CUT FLUSH
WITH ADJACENT GRADE. THERE SHALL BE NO SOIL DISTURBANCE
UNDER THE DRIPLINE OF THE TREE TO REMAIN.
6.BOULEVARD TREE PROTECTION FENCING TO BE ADJUSTED TO
REFLECT THE WIDTH OF THE TREE LAWN OR TREE GRATE AREA
WHERE PROVIDING FENCING TO THE DRIPLINE EXTENTS IS NOT
POSSIBLE.
7.PROVIDE SUPPLEMENTAL WATER DURING CONSTRUCTION.
INSTALL 6' T-POST 6' ON CENTER AT
DRIP LINE OF TREE. INSTALL 4'
ORANGE CONSTRUCTION FENCE
AROUND TREE. USE 3 CABLE TIES PER
POST. FENCING NOT TO BE REMOVED
WITHOUT WRITTEN CONSENT OF THE
PROJECT REPRESENTATIVE
3" DEPTH MULCH ORGANIC MULCH
DO NOT TRENCH, FILL, PARK
VEHICLES, OR STORE MATERIALS IN
DRIP LINE AREA OF TREE OR
WITHIN FENCING
TREE PROTECTION
N.T.S.
4' ORANGE CONSTRUCTION
FENCE WITH 6' T-POST, 6' O.C.
PLAN
1
61
TREES CODE BOTANICAL / COMMON NAME PLANTING SIZE DROUGHT TOLERANT NATIVE OR ADAPTED QTY
AO
Aesculus glabra / Ohio Buckeye
MATURE HEIGHT: 40'
MATURE SPREAD: 40'
1-1/2" MIN. CAL.No Adapted 3
QM
Quercus macrocarpa / Burr Oak
MATURE HEIGHT: 70'
MATURE SPREAD: 70'
1-1/2" MIN. CAL.Yes Adapted 2
SI
Syringa Reticulata 'Ivory Silk' / Ivory Silk Japanese Tree Lilac
MATURE HEIGHT: 25'
MATURE SPREAD: 20'
1-1/2" MIN. CAL.No Adapted 6
TC
Tilia cordata / Littleleaf Linden
MATURE HEIGHT: 50'
MATURE SPREAD: 40'
1-1/2" MIN. CAL.Yes Adapted 10
SHRUBS CODE BOTANICAL / COMMON NAME PLANTING SIZE DROUGHT TOLERANT NATIVE OR ADAPTED QTY
AR
Amelanchier alnifolia 'Regent' / Regent Serviceberry
MATURE HEIGHT: 6'
MATURE SPREAD: 5'
5 GAL.Yes Native 18
EA
Euonymus alatus / Burning Bush
MATURE HEIGHT: 10'
MATURE SPREAD: 10'
5 GAL.No Adapted 3
EC2
Euonymus alatus 'Compactus' / Compact Burning Bush
MATURE HEIGHT: 7'
MATURE SPREAD:7'
5 GAL.No Adapted 18
JH
Juniperus horizontalis / Creeping Juniper
MATURE HEIGHT: 6"
MATURE SPREAD: 8'
2 GAL.Yes Native 7
JM
Juniperus scopulorum 'Moonglow' / Moonglow Juniper
MATURE HEIGHT: 18'
MATURE SPREAD: 6'
5 GAL.Yes Native 7
PR
Physocarpus opulifolius 'Hoogi018' TM / Angel Ninebark
MATURE HEIGHT: 3'
MATURE SPREAD: 3'
5 GAL.Yes Adapted 86
PE
Potentilla fruticosa 'SMPFMY' TM / CheeseHead Bush Cinquifoil
MATURE HEIGHT: 24"
MATURE SPREAD: 24"
2 GAL.Yes Native 31
RG
Ribes aureum / Golden Currant
MATURE HEIGHT: 7'
MATURE SPREAD: 7'
5 GAL.Yes Native 19
SG
Spiraea x bumalda 'Goldflame' / Goldflame Spirea
MATURE HEIGHT: 3'
MATURE SPREAD: 4'
2 GAL.Yes Adapted 20
GRASSES CODE BOTANICAL / COMMON NAME PLANTING SIZE DROUGHT TOLERANT NATIVE OR ADAPTED QTY
BG
Bouteloua gracilis / Blue Grama Grass
MATURE HEIGHT: 15"
MATURE SPREAD: 24"
1 GAL.Yes Native 70
CK
Calamagrostis x acutiflora 'Karl Foerster' / Karl Foerster Feather Reed Grass
MATURE HEIGHT: 4'
MATURE SPREAD: 32"
1 GAL.Yes Adapted 68
SS
Schizachyrium scoparium 'Standing Ovation' / Standing Ovation Little Bluestem
MATURE HEIGHT: 3'
MATURE SPREAD: 20"
1 GAL.Yes Native 61
PERENNIALS CODE BOTANICAL / COMMON NAME PLANTING SIZE DROUGHT TOLERANT NATIVE OR ADAPTED QTY
AM
Achillea x 'Moonshine' / Moonshine Yarrow
MATURE HEIGHT: 24"
MATURE SPREAD: 24"
1 GAL.Yes Native 23
EC3
Echinacea x `Cheyenne Spirit` / Cheyenne Spirit Coneflower
MATURE HEIGHT: 24"
MATURE SPREAD: 18"
1 GAL.Yes Adapted 19
GROUND COVERS CODE BOTANICAL / COMMON NAME MATERIAL DROUGHT TOLERANT NATIVE OR ADAPTED SPACING QTY
AU
Arctostaphylos uva-ursi / Kinnikinnick
MATURE HEIGHT: 8"
MATURE SPREAD: 3'
4" POT Yes Native 18" o.c.38
NS
NATIVE GRASS SEED
WESTERN NATIVE SEED MIX. DRILLED SEEDING OR MECHANICAL
BROADCAST RATE SHALL BE 7 LBS PER ACRE.
MOUNTAIN MEADOWS WILDFLOWER & GRASS SEEDS
PO BOX 1449, RED LODGE, MT 59068
(406) 861-8300
SEED 1,917 sf
VA
Vinca minor 'Alba' / White Dwarf Periwinkle
MATURE HEIGHT: 6"
MATURE SPREAD: 18"
4" POT Yes Adapted 18" o.c.61
SITE CODE BOTANICAL / COMMON NAME MATERIAL DROUGHT TOLERANT NATIVE OR ADAPTED SPACING QTY
RR
MIXED WASHED RIVER ROCK
RIVER ROCK SHALL VARY IN SIZE FROM 3"-4". COLOR TBD BY OWNERS
REPRESENTATIVE.
ROCK 53 sf
RM
ROCK MULCH
CRUSHED ROCK 1" DIA. OR SMALLER. 2" DEPTH. COLOR TBD BY OWNERS
REPRESENTATIVE.
ROCK 3,216 sf
PLANT_SCHEDULE
CCCCCCCCCCFUTUREEVEVEVEVEVFUTUREEVFUTUREEVFUTUREEVLIMIT OF WORK
OPEN SPACE SP SUBMITTALFILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTION----PLANT SCHEDULE & NOTESMAIN STREET HOTELCONSTRUCTION PLANSBOZEMAN, MTL1.1 RPEBOZ_07022_01_LS_PROD.DWGDME5/24/20221ST SITE PLAN SUBMITTAL8/15/202211/3/2023----COVER SHEET REVISION2ND SITE PLAN SUBMITTAL------BOZ-07022.01PLANT S&HE'ULE
ALMJMC*ENERAL NOTES
1.THE CONTRACTOR SHALL OBTAIN, AT THEIR OWN EXPENSE, APPLICABLE LICENSES, STANDARDS, PERMITS, ETC. WHICH ARE NECESSARY TO
PERFORM THE WORK.
2.THE CONTRACTOR SHALL LOCATE, CLEARLY MARK AND MAINTAIN EXISTING UTILITIES ON THE SITE PRIOR TO WORK START UP. CALL FOR
UTILITY LOCATES PRIOR TO COMMENCING WORK.
3.THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROTECTION OF ALL UTILITIES AND REPAIR OF UTILITIES IF DAMAGED. REPAIR SHALL
BE DONE AT NO ADDITIONAL COST TO THE OWNER
4.ALL DIMENSIONS SHALL BE FIELD VERIFIED BY CONTRACTOR PRIOR TO CONSTRUCTION. ANY DEVIATION FROM THESE PLANS MUST BE
APPROVED BY OWNER OR LANDSCAPE ARCHITECT PRIOR TO CONSTRUCTION.
5.LIMIT OF WORK IS AS INDICATED ON THE PLANS.
6.COORDINATE SITE ACCESS, STAGING, STORAGE AND CLEANOUT AREAS WITH OWNER'S REPRESENTATIVE.
PLANTIN* NOTES
1.THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL PLANT QUANTITIES. GRAPHIC QUANTITIES TAKE PRECEDENCE OVER WRITTEN
QUANTITIES.
2.ALL EXISTING GRASS STAND AREAS DISTURBED BY CONSTRUCTION OPERATIONS SHALL BE SOIL PREPARED AND SEEDED BY THE
CONTRACTOR.
3.EXISTING TURF AREAS THAT ARE DISTURBED DURING CONSTRUCTION, ESTABLISHMENT AND THE MAINTENANCE PERIOD SHALL BE
RESTORED WITH NEW SOD TO MATCH EXISTING TURF SPECIES.
4.ALL LANDSCAPE MATERIALS SHALL BE INSTALLED ACCORDING TO SOUND HORTICULTURAL PRACTICES AND AMERICAN NURSERY STANDARDS
IN A MANNER DESIGNED TO ENCOURAGE QUICK ESTABLISHMENT AND HEALTHY GROWTH.
5.REPAIR DISTURBED AREAS BENEATH SHRUBS BY HAND.
6.REPAIR AND RESEED STAGING AREA.
7.CONTRACTOR SHALL COORDINATE IRRIGATION AND PLANTING WORK SUCH THAT INSTALLED IRRIGATION EQUIPMENT SHALL NOT CAUSE
ADJUSTMENT OF PLANTING LOCATIONS CONTRARY TO THE PLANS. IF IRRIGATION EQUIPMENT IS INSTALLED IN LOCATIONS OBSTRUCTING
THE INTENDED LOCATIONS OF THE PLANTINGS, NOTIFY THE LANDSCAPE ARCHITECT FOR CLARIFICATION.
8.THE CONTRACTOR SHALL WARRANTY ALL CONTRACTED WORK AND MATERIALS FOR A PERIOD OF ONE YEAR AFTER SUBSTANTIAL
COMPLETION HAS BEEN ISSUED BY THE OWNER'S REPRESENTATIVE FOR THE ENTIRE PROJECT UNLESS OTHERWISE SPECIFIED IN THE
CONTRACT DOCUMENTS OR SPECIFICATIONS.
9.PLANTING BEDS TO BE AMENDED WITH A MIN. 12" DEPTH TOP QUALITY TOPSOIL PRIOR TO PLANTING.
10.AREAS TO BE SEEDED OR SODDED TO BE AMENDED WITH A MIN. 4" DEPTH TOP QUALITY TOPSOIL PRIOR TO SEEDING OR SODDING.
&IT< O) BO=EMAN &O'E RE4UIREMENTS
REQUIRED AS SHOWN
SECTION 38.320.50 &
38.510.030
SETBACKS NORTH - MIXED BLOCK FRONTAGE :10 FT MIN.0 FT
SOUTH - MIXED BLOCK FRONTAGE: 0 FT 0 FT
SIDE- 5 FT MIN.5 FT +
SECTION 38.520.070
SCREENING OF SERVICE AREAS
AND MECHANICAL EQUIPMENT ENCLOSED IN MASONRY OR HIGH GAUGE METAL
STRUCTURE, SIDES AND REAR LANDSCAPED WITH 5FT
WIDE SCREEN
TRASH ENCLOSURE: ENCLOSED IN A MASONRY AND
METAL STRUCTURE, SIDES AND REAR LANDSCAPED
WITH 5 FT+ WIDE SCREEN
SECTION 38.540.020
PEDESTRIAN FACILITIES IN
PARKING LOTS SIDEWALKS 5 FT MIN.SIDEWALKS 5 FT+
SNOW REMOVAL PROVIDE AREAS FOR SNOW REMOVAL
SNOW STORAGE AREAS PROVIDED, SEE LAYOUT PLAN
FOR LOCATIONS
SECTION 38.550
DROUGHT TOLERANT SPECIES
75% DROUGHT TOLERANT SPECIES
84% DROUGHT TOLERANT SPECIES, SEE PLANT
SCHEDULE
PARKING LOT SCREENING SCREEN FROM PUBLIC STREET WITH CONTINUOUS 4
FT MIN. HEIGHT FENCE OR HEDGE
4 FT+ CONTINUOUS SHRUB SCREENING ALONG WEST
MENDENHALL STREET
PARKING LOT LANDSCAPING 1 CANOPY TREE PER 9 SPACES (64 SPACES / 9= 8
TREES), EACH SPACE WITHIN 70 FT OF TREE, NO TREE
CLOSER THAN 3 FT TO CURB OR EDGING
8 TREES PROVIDED, EVERY SPACE IS WITHIN 70' OF A
TREE, NO TREE CLOSER THAN 3' TO CURB OR EDGING
PARKING AREAS WITH MORE
THAN 15 SPACES
20 SF LANDSCAPE AREA PER SPACE (64 SPACES x 20=
1,280 SF LANDSCAPE AREA), MAX OF 100 FT
UNBROKEN LENGTH, 8 FT MIN LANDSCAPE WIDTH
1,629 SF LANDSCAPE AREA, MAX UNBROKEN LENGTH
LESS THEN 100 FT
STREET FRONTAGE LANDSCAPE 1 CANOPY TREE PER 50 FT: NORTH - 196 FT / 50= 4
TREES, SOUTH - 267 FT / 50= 6 TREES, EAST - 141 FT /
50= 3 TREES
NORTH - 5 CANOPY TREES, SOUTH - 6 CANOPY TREES,
EAST - 2 CANOPY TREES, EXISTING UNDERGROUND
UTILITIES PREVENT PLANTING OF A THIRD TREE.
SE&TION NSITE &OMMER&IAL OPEN SPA&E
REQUIRED - 2% OF SITE AREA (1,570 SF)
PROVIDED - 2% OF SITE AREA (1,570 SF), CONSISTING OF PLAZA SPACE, BENCHES, LANDSCAPING AND CONCRETE SEAT WALL.
REQUIRED SEATING - 1 INDIVIDUAL SEAT (2 FT MIN) PER 60 SF OF OPEN SPACE (26 INDIVIDUAL SEATS)
PROVIDED SEATING - 26 INDIVIDUAL SEATS CONSISTING OF BENCHES AND CONCRETE SEAT WALL.
LE*EN'
NEW BUILDING
PARKING
NORTH
OPEN SPACE PLAN
4
4
62
CCCCCCCCCCFUTUREEVEVEVEVEVFUTUREEVFUTUREEVFUTUREEVWEST MENDENHALL STREET
WEST MAIN STREET NORTH 5TH AVENUESTREET VISION
TRIANGLES, TYP.
STREET VISION
TRIANGLES, TYP.
ASPHALT RESTORATION,
SEE CIVIL
UTILITY EASEMENT
CURB & GUTTER,
SEE CIVIL
ASPHALT PAVING,
SEE CIVIL
CONCRETE SIDEWALK,
SEE CIVIL
PORTE COCHERE,
SEE ARCH.
2
L1.5
EDGING
DETAIL
1
L1.6
TREE WELL
2
L1.6
TREE GRATE
NEW SIDEWALK, CURB &
GUTTER, SEE CIVIL
4
L1.5
LANDSCAPE
ROCK WALL
U-BIKE RACK
BENCH
GARBAGE CAN
NEW BUILDING,
SEE ARCH.
7
L1.5
LIGHTED BOLLARD
PROPERTY LINE
1
L1.5
ROCK MULCH
6
L1.5
DOWNTOWN STYLE BIKE RACK
6
L1.5
DOWNTOWN STYLE
BIKE RACK
EXISTING CONCRETE
PAVING
NEW CONCRETE,
SEE CIVIL
3
L1.5
CONCRETE SEAT WALL
8
L1.5
5
L1.5
9
L1.5
SNOW STORAGE
SNOW
STORAGE
SNOW STORAGE
STREET VISION
TRIANGLES, TYP.
STREET VISION
TRIANGLES, TYP.
LIMIT OF WORK
LIMIT OF WORK
LANDSCAPE EDGING
EXISTING DECIDUOUS TREE
BIKE RACKS
BENCH
TRASH RECEPTACLE
MIXED WASHED RIVER ROCK
ROCK MULCH
NATIVE GRASS SEED
SP SUBMITTALNORTH FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTION----LANDSCAPE LAYOUT PLANMAIN STREET HOTELCONSTRUCTION PLANSBOZEMAN, MTL1.2 RPEBOZ_07022_01_LS_LAYOUT.DWGDME5/24/20221ST SITE PLAN SUBMITTAL8/15/202211/3/2023----COVER SHEET REVISION2ND SITE PLAN SUBMITTAL------BOZ-07022.010 20SCALE: 1" = 20'401020
LANDSCAPE LAYOUT PLAN
UULC
LE*EN'ALMEJS4
4
63
CCCCCCCCCCFUTUREEVEVEVEVEVFUTUREEVFUTUREEVFUTUREEVWEST MENDENHALL STREET
WEST MAIN STREET NORTH 5TH AVENUESTREET VISION
TRIANGLES, TYP.
STREET VISION
TRIANGLES, TYP.
STREET VISION
TRIANGLES, TYP.
TRASH PAD ENCLOSURE,
SEE ARCH 1
L1.4
DECIDUOUS TREE
2
L1.4
SHRUB PLANTING
3
L1.4
PERENNIAL/GRASS/GROUNDCOVER
PLANTING
4
L1.4
SEEDING
5
L1.4
TYPICAL
SPACING
ELECT. TRANSFORMER
NEW BUILDING,
SEE ARCH.
PROPERTY LINE
STREET VISION
TRIANGLES, TYP.
LIMIT OF WORK
LIMIT OF WORK
LANDSCAPE EDGING
EXISTING DECIDUOUS TREE
BIKE RACKS
BENCH
TRASH RECEPTACLE
SP SUBMITTALNORTH FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTION----LANDSCAPE PLANMAIN STREET HOTELCONSTRUCTION PLANSBOZEMAN, MTL1.3 RPEBOZ_07022_01_LS_PROD.DWGDME5/24/20221ST SITE PLAN SUBMITTAL8/15/202211/3/2023----COVER SHEET REVISION2ND SITE PLAN SUBMITTAL------BOZ-07022.010 20SCALE: 1" = 20'401020
LANDSCAPE PLAN
UULC
LE*EN'ALMJMC4
4
64
SP SUBMITTALFILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTION----PLANTING DETAILSMAIN STREET HOTELCONSTRUCTION PLANSBOZEMAN, MTL1.4 RPEBOZ_07022_01_LS_DETAILS.DWGDME5/24/20221ST SITE PLAN SUBMITTAL8/15/202211/3/2023----COVER SHEET REVISION2ND SITE PLAN SUBMITTAL------BOZ-07022.01ALMJMC32" LENGTH NON-ABRASIVE RUBBER
TIES
(2)3" DIA LODGE POLE PINE STAKES 1-1/2'
FROM TRUNK. STAKE LOCATION SHALL
NOT INTERFERE WITH PERMANENT
BRANCHES
2" DEPTH MULCH
FINISH GRADE
BOTTOM OF ROOT BALL RESTS
ON EXT OR RECOMPACTED SOIL
EXT SOIL
DECIDUOUS TREE
N.T.S.
TOP OF ROOT FLARE 2" ABOVE EXT
GRADE. NO SOIL ON ROOT FLARE
LOOSENED SOIL. DIG AND TURN
THE SOIL TO REDUCE
COMPACTION TO THE AREA TO
DEPTH OF ROOT BALL.
NOTES:
1.REMOVE NURSERY STAKES.
2.PRUNE DEAD OR DAMAGED LIMBS IMMEDIATELY AFTER PLANTING.
3.REMOVE WIRE TIES AND BURLAP FROM ROOT BALL.
4.PRIOR TO MULCHING, LIGHTLY TAMP SOIL AROUND ROOT BALL IN 6" LIFTS TO BRACE TREE. DO
NOT OVER COMPACT. WHEN PLANTING PIT HAS BEEN BACKFILLED, POUR WATER AROUND ROOT
BALL TO SETTLE THE SOIL.
5.BACKFILL WITH AMENDED SOIL.
6.REMOVE STAKES FOLLOWING FIRST GROWING SEASON.
7.SCARIFY SUBGRADE 12", RAKE SUBGRADE AND REMOVE ALL DEBRIS GREATER THAN 1/2" IN DIA.
INCLUDING ROCKS, CONCRETE, ORGANIC DEBRIS, AND OR CONSTRUCTION DEBRIS.
8.PROVIDE SUPPLEMENTAL WATER FOR THE FIRST YEAR FOLLOWING INSTALLATION.
1 SHRUB PLANTING
N.T.S.
NOTES:
1.SHRUBS WITH BROKEN OR CRUMBLING ROOT BALLS WILL BE REJECTED. CONTAINER
REMOVAL WILL NOT BE AN EXCUSE FOR DAMAGED ROOT BALLS.
2.TOP OF MULCH TO BE 1" BELOW ADJ WALKWAY, CURB, EDGING, OR OTHER SURFACE.
3.PRUNE OUT ALL DAMAGED OR DEAD WOOD.
4.ALL PLANT MATERIAL TO BE INSPECTED UPON DELIVERY. REJECTED MATERIALS TO BE
IMMEDIATELY RETURNED TO SOURCE.
6.SCARIFY SUBGRADE 12", RAKE SUBGRADE AND REMOVE ALL DEBRIS GREATER THAN 1/2" IN
DIA. INCLUDING ROCKS, CONCRETE, ORGANIC DEBRIS, AND OR CONSTRUCTION DEBRIS.
TOP OF ROOT BALL
SHALL BE 1-2" ABOVE
SURROUNDING GRADE
2" DEPTH MULCH, KEEP
MULCH AWAY FROM TRUNK
REMOVE CONTAINER,
LIGHTLY SCARIFY
ROOTS
BACKFILL WITH 75%
NATIVE SOIL, 25%
COMPOST
2
NOTES:
1.REMOVE SPENT FLOWERS PRIOR TO PLANTING.
2.LOOSEN ROOT MASS AT BOTTOM OF ROOTBALL.
3.STRIP TOP OF ROOTBALL 14" OF SURFACE GROWING MEDIA AND
COVER WITH 14" PLANTING MIX PLUS SURFACE MULCH.
4.QUANTITY AND SPACING AS NOTED IN PLANT SCHEDULE.
SET PLANT AT
ORIGINAL DEPTH
POTTED PLANT
TOPSOIL
EXISTING SOIL
2" DEEP MULCH
KEEP AWAY FROM
CROWN OF PLANT
PERENNIAL/GRASS/GROUNDCOVER PLANTING
N.T.S.3
EXISTING NATIVE TOPSOIL
AMEND WITH 4" OF TOPSOIL
REMOVE ALL LARGE DEBRIS
AND ROCKS OVER 1/2"
EXISTING VEGETATION
SEEDING
N.T.S.
NOTE:
1.EXISTING TOPSOIL WILL BE PLACED BY SITE WORK CONTRACTOR TO ROUGH GRADE.
2.LANDSCAPE CONTRACTOR SHALL AMEND SOIL WITH 4" DEPTH OF TOPSOIL AND TILL INTO
EXISTING TOPSOIL AND PREPARE FOR SEEDING.
3.LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL FINAL GRADING AND SEEDING
PREPARATION.
SEEDED AREA
4
1/2 (X)
(X) PLANT SPACING PER
PLAN
(X) PLANT SPACING PER
PLAN
PERENNIAL/GRASS/GROUNDCOVER SPACING
N.T.S.5
65
SP SUBMITTALFILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTION----LANDSCAPE DETAILSMAIN STREET HOTELCONSTRUCTION PLANSBOZEMAN, MTL1.5 RPEBOZ_07022_01_LS_DETAILS.DWGDME5/24/20221ST SITE PLAN SUBMITTAL8/15/202211/3/2023----COVER SHEET REVISION2ND SITE PLAN SUBMITTAL------BOZ-07022.01ALMJMCNOTES:
1.BENCHES TO BE SCARBOROUGH BENCH, BACKED, 48", WITH
HORIZONTAL STRAP SEAT STYLE FROM LANDSCAPE FORMS.
2.INSTALL PER MANUFACTURER'S INSTRUCTIONS.
3.ANCHOR BOLTS SHALL HAVE A MINIMUM CLEARANCE OF 3" OF
CONCRETE BELOW ANCHOR BOLT OR ALL THREAD.
4.COLOR: BLACK POWDERCOAT.
5.SURFACE MOUNT OR FREESTANDING, SEE PLAN.
BENCH
N.T.S.
COMPACTED SUBGRADE
COMPACTED
AGGREGATE BASE
SURFACE MOUNT OR
FREESTANDING, SEE PLAN
CONCRETE, SEE CIVIL
SHEET C5.0
5 24 12"33"NOTES:
1.GARBAGE CAN TO BE SCARBOROUGH LITTER RECEPTACLE,
TOP-OPENING, WITH VERTICAL STRAP SIDE PANELS FROM
LANDSCAPE FORMS.
2.INSTALL PER MANUFACTURER'S INSTRUCTIONS.
3.COLOR: BLACK POWDERCOAT.
4.SURFACE MOUNT.
8" Ø
OPENING
GARBAGE CAN
N.T.S.
COMPACTED
SUBGRADE
COMPACTED
AGGREGATE
VERTICAL STRAP
BASKET INSERT
CONCRETE, SEE
CIVIL SHEET C5.0
9
NOTES:
1.BIKE RACKS TO BE U24 BIKE RACK BY MADRAX.
2.INSTALL BIKE RACKS TO MANUFACTURER'S SPECIFICATIONS.
3.COLOR: BLACK POWDERCOAT.
4.SURFACE MOUNT.
5.SEE SITE PLAN FOR LOCATION.
Ø 1-7/8" STEEL
TUBING
U-BIKE RACK - MADRAX U24
N.T.S.
FINISH GRADE
3" X 6" X 3/8" THICK
2 EA. 7/16" SQ. HOLE TYP.
SPIKE
24"35"COMPACTED
SUBGRADE
COMPACTED
AGGREGATE
CONCRETE, SEE
CIVIL SHEET C5.0
8
ROCK MULCH
WEED BARRIER FABRIC
NEW TOPSOIL
EXISTING SUBGRADE2"ROCK MULCH
N.T.S.1
N.T.S.
ISOMETRIC VIEW
METAL EDGING
(TOP OF EDGING TO BE MAXIMUM
OF 12" ABOVE SURFACE MATERIAL)
MULCH
WEED BARRIER
COMPACT GRADES ADJACENT
TO EDGING TO AVOID
SETTLING
12" STAKES TO LOCK INTO
PREFORMED LOOPS ON THE EDGING
STAKES
EDGING DETAIL
N.T.S.2
COMPACTED SUBGRADE
6" COMPACTED AGGREGATE
LANDSCAPE ROCK
12"-18"6"VARIES SEEPLANLANDSCAPE ROCK WALL
N.T.S.4
NOTES:
1.BIKE RACKS TO BE FABRICATED BY DUFF'S WELDING & REPAIR, 1525
N ROUSE AVE, BOZEMAN, MT 59715, (406) 922-5493
2.BIKE RACKS TO MATCH EXISTING BIKE RACKS ALONG MAIN STREET.
3.INSTALL BIKE RACKS TO MANUFACTURER'S SPECIFICATIONS.
4.SURFACE MOUNT.
5.SEE SITE PLAN FOR LOCATION.
FINISH GRADE
3.00'3.25'COMPACTED
SUBGRADE
COMPACTED
AGGREGATE
CONCRETE, SEE
CIVIL SHEET C5.0
SURFACE MOUNT
DOWNTOWN STYLE BIKE RACK
N.T.S.6
24"8"℄
℄
18"18"12" CHAMFER
#4 BAR 3" CLR
#4 BAR 18"
O.C. VERTICAL
COMPACTED
AGGREGATE
6" COMPACTED
AGGREGATE
95% COMPACTED
SUBGRADE
LANDSCAPE BED, SEE
L1.3 FOR LANDSCAPE
PLAN
CONCRETE WALK,
SEE CIVIL SHEET C5.0
#4 BAR 3" CLR TYP.
TOPSOIL
CONCRETE SEAT WALL
N.T.S.3"12" O.C.16"3
PER MANUFACTURER
PER MANUFACTURERNOTES:
1.MODELSHALL BE LITHONIA LIGHTING DSXB LED
LUMINAIRE MODEL #DSXB. SEE PHOTOMETIRC PLAN.
2.INSTALL PER MANUFACTURER'S INSTRUCTIONS.
12" O.C.8"18"12"
METAL LIGHTED BOLLARD
COMPACTED AGGREGATE
BASE
COMPACTED SUBGRADE
CONCRETE WALK, SEE
CIVIL SHEET C5.0
ASPHALT PAVING, SEE
CIVIL SHEET C5.0
CONCRETE CURB, SEE
CIVIL
THICKENED EDGE
ANCHOR BOLTS PER MANUFACTURER'S
INSTRUCTION, 3" CLR.
LIGHTED BOLLARD
N.T.S.7
66
SP SUBMITTALFILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTION----LANDSCAPE DETAILS 2MAIN STREET HOTELCONSTRUCTION PLANSBOZEMAN, MTL1.6 RPEBOZ_07022_01_LS_DETAILS.DWGDME5/24/20221ST SITE PLAN SUBMITTAL8/15/202211/3/2023----COVER SHEET REVISION2ND SITE PLAN SUBMITTAL------BOZ-07022.0124"TREE WELL SIZE PER PLAN
COMPACTED
AGGREGATE
BASE
CONCRETE
WITH
THICKENED
EDGE
COMPACTED
SUBGRADE
TREE WELL
N.T.S.
PRECAST METAL TREE GRATE
1
L1.4
DECIDUOUS TREE
3
L1.6
TREE GRATE FRAMING
1
CONCRETE PAVING SEE PLANS
AND DETAILS (THICKEN EDGE AS
SHOWN)
F.G.
TREE GRATE FRAMING
N.T.S.
#4 REBAR CONTINUOUS 2" CLEAR
MIN. TOP AND BOTTOM (TYP.)
ANGLE FRAME, INSTALL PER
MANUFACTURER'S SPECIFICATIONS
ANGLE FRAME, INSTALL PER
MANUFACTURER'S SPECIFICATIONS
ANGLE FRAME, INSTALL PER
MANUFACTURER'S SPECIFICATIONS
95% COMPACTED SUBGRADE
6"x1/4" EYE BOLT W/ NUT - EMBED IN
CONCRETE TO SECURE TREE GUY WIRES
BACKFILL FOR TREE PLANTING
6"
COMPACTED AGGREGATE BASE12" MIN.3
NOTES:
1.IRON GRATE TO BE MODEL 8707-0002 5' SQUARE ORDERED FROM NEENAH
FOUNDRY COMPANY.
2.FRAME TO BE MODEL 8500-6060 ORDERED FROM NEENAH FOUNDRY COMPANY.
3.ALL SLOT WIDTHS TO BE 1/4" MAX.
4.TREE OPENING SIZE TO BE 18" DIAMETER.
5.INSTALL PER MANUFACTURERS INSTRUCTIONS.
5.00'2.50'18"
TREE GRATE
N.T.S.
18"2"1 12"2 ALMJMC5.00'14" x 1 12" STEEL BAR STOCK
18"
NOTES:
1.TREE GUARD TO BE MODEL NF42648 5' HEIGHT FROM
NEENAH FOUNDRY COMPANY.
2.TREE OPENING TO BE 18" DIAMETER.
3.COLOR: BLACK POWDERCOAT.
4.INSTALL PER MANUFACTURERS INSTRUCTIONS.
TREE GUARD
N.T.S.
2
L1.6
TREE GRATE
4
67
SYMBOL MANUFACTURER/MODEL/DESCRIPTION QTY PSI
HUNTER MP STRIP PROS-04-PRS40-CV
TURF ROTATOR, 4" POP-UP WITH FACTORY INSTALLED CHECK
VALVE, PRESSURE REGULATED TO 40 PSI, MP ROTATOR NOZZLE
ON PRS40 BODY. LST=IVORY LEFT STRIP, SST=BROWN SIDE
STRIP, RST=COPPER RIGHT STRIP.
8 40
HUNTER MP1000 PROS-04-PRS40-CV
TURF ROTATOR, 4" POP-UP WITH CHECK VALVE, PRESSURE
REGULATED TO 40 PSI, MP ROTATOR NOZZLE ON PRS40 BODY.
M=MAROON ADJ ARC 90 TO 210, L=LIGHT BLUE 210 TO 270
ARC, O=OLIVE 360 ARC.
4 40
HUNTER MP2000 PROS-04-PRS40-CV
TURF ROTATOR, 4" POP-UP WITH FACTORY INSTALLED CHECK
VALVE, PRESSURE REGULATED TO 40 PSI, MP ROTATOR NOZZLE
ON PRS40 BODY. K=BLACK ADJ ARC 90-210, G=GREEN ADJ ARC
210-270, R=RED 360 ARC.
6 40
SYMBOL MANUFACTURER/MODEL/DESCRIPTION QTY
HUNTER ICZ-101-25
DRIP CONTROL ZONE KIT. 1" ICV GLOBE VALVE WITH 1" HY100
FILTER SYSTEM. PRESSURE REGULATION: 25PSI. FLOW RANGE:
2 GPM TO 20 GPM. 150 MESH STAINLESS STEEL SCREEN.
5
AREA TO RECEIVE DRIP EMITTERS
HUNTER RZWS-18
18" LONG RZWS WITH INSTALLED .25 GPM OR .50 GPM BUBBLER
OPTIONS, 1/2" SWING JOINT FOR CONNECTION TO 1/2" PIPE
324.8 S.F.
25 emitters (2 assigned to each 1-1/2" MIN. CAL. plant)26
AREA TO RECEIVE DRIP EMITTERS
RAIN BIRD XB-PC
SINGLE OUTLET, PRESSURE COMPENSATING DRIP EMITTERS.
FLOW RATES OF 0.5 GPH=BLUE, 1.0 GPH=BLACK, AND 2.0
GPH=RED. COMES WITH A SELF-PIERCING BARB INLET X BARB
OUTLET.
5,561 S.F.
05PC emitters (1 assigned to each 4" POT plant)29
10PC emitters (1 assigned to each 1 GAL. plant)241
20PC emitters (3 assigned to each 1-1/2" MIN. CAL. plant)24
20PC emitters (1 assigned to each 2 GAL. plant)58
20PC emitters (1 assigned to each 5 GAL. plant)151
SYMBOL MANUFACTURER/MODEL/DESCRIPTION QTY
HUNTER ICV-G
1", 1-1/2", 2", AND 3" PLASTIC ELECTRIC REMOTE CONTROL
VALVES, GLOBE CONFIGURATION, WITH NPT THREADED
INLET/OUTLET, FOR COMMERCIAL/MUNICIPAL USE.
2
FEBCO 850 1"
DOUBLE CHECK BACKFLOW PREVENTION, 1/2" TO 2"1
HUNTER IC-1200-M
MODULAR CONTROLLER, 12 STATIONS, OUTDOOR MODEL,
METAL CABINET. COMMERCIAL USE. WITH ONE ICM-600
MODULE INCLUDED.
1
POINT OF CONNECTION 1
IRRIGATION LATERAL LINE: PVC CLASS 200 SDR 21 1,559 L.F.
IRRIGATION MAINLINE: PVC CLASS 200 SDR 21 547.7 L.F.
C1
NUMBER MODEL SIZE TYPE GPM DESIGN PSI PSI PSI @ POC PRECIP
1 Hunter ICZ-101-25 1"Area for Drip Emitters 2.32 10 13.2 0.8 in/h
2 Hunter ICZ-101-25 1"Area for Drip Emitters 4.5 25 30.5 0.16 in/h
3 Hunter ICZ-101-25 1"Area for Drip Emitters 3.11 10 13.8 0.38 in/h
4 Hunter ICV-G 1"Turf Rotary 5.78 40 42.9 0.34 in/h
5 Hunter ICZ-101-25 1"Area for Drip Emitters 5.28 10 15.3 0.31 in/h
6 Hunter ICV-G 1"Turf Rotary 0.89 40 42.0 0.27 in/h
7 Hunter ICZ-101-25 1"Area for Drip Emitters 2.5 25 28.4 0.06 in/h SP SUBMITTALFILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTION----IRRIGATION SCHEDULE & NOTESMAIN STREET HOTELCONSTRUCTION PLANSBOZEMAN, MTL2.0 RPEBOZ_07022_01_LS_IRRIGATION.DWGDME5/24/20221ST SITE PLAN SUBMITTAL8/15/202211/3/2023----COVER SHEET REVISION2ND SITE PLAN SUBMITTAL------BOZ-07022.01KAAJMCIRRI*ATION S&HE'ULE
ESTIMATE' :ATER &ONSUMPTION
IRRI*ATION NOTES
1.THIS SYSTEM DESIGN ASSUMES A MINIMUM DYNAMIC PRESSURE FOR THE IRRIGATION SYSTEM OF 55 PSI, AT A MAXIMUM DISCHARGE OF 15 GPM AT THE 1" POINT-OF-CONNECTION. VERIFY
PRESSURE AND FLOW ON SITE PRIOR TO CONSTRUCTION.
2.THE IRRIGATION SYSTEM POINT-OF-CONNECTION SHALL BE IN MECHANICAL ROOM IN BUILDING AT SOURCE PROVIDED APPROXIMATE LOCATION SHOWN. INSTALL BACKFLOW
PREVENTION/ANTI SIPHON ASSEMBLY PER CITY & STATE BUILDING CODES. VERIFY EXACT LOCATION OF P.O.C. WITH OWNERS REPRESENTATIVE.
3.CONTROLLER AT THE APPROXIMATE LOCATION SHOWN. COORDINATE ELECTRICAL POWER TO THE CONTROLLER WITH THE OWNER'S REPRESENTATIVE. CARE SHOULD BE TAKEN TO INSTALL
THE IRRIGATION CONTROLLER IN A LOCATION THAT IS ACCESSIBLE FOR MAINTENANCE. FINAL LOCATION TO BE APPROVED BY OWNERS REPRESENTATIVE.
4.COORDINATE UTILITY LOCATES OF ALL UNDERGROUND UTILITIES PRIOR TO CONSTRUCTION.
5.COORDINATE SLEEVING PRIOR TO ALL HARDSCAPE INSTALLATION.
6.DO NOT PROCEED WITH THE INSTALLATION OF THE IRRIGATION SYSTEM WHEN IT IS OBVIOUS IN THE FIELD THAT OBSTRUCTIONS OR GRADE DIFFERENCES EXIST THAT MIGHT NOT HAVE
CONSIDERED IN THE DESIGN PROCESS. IF DISCREPANCIES IN CONSTRUCTION DETAILS, LEGEND, NOTES OR SPECIFICATIONS ARE DISCOVERED, BRING ALL SUCH OBSTRUCTIONS OR
DISCREPANCIES TO THE ATTENTION OF THE OWNER'S REPRESENTATIVE.
7.DRAWINGS ARE DIAGRAMMATIC. THEREFORE, THE FOLLOWING SHOULD BE NOTED:
A.ALTHOUGH IRRIGATION COMPONENTS MAY BE SHOWN OUTSIDE OF PLANTING AREAS FOR CLARITY, INSTALL IRRIGATION PIPE, WIRING, VALVES, ETC. IN LANDSCAPED AREAS AND WITH
PROPERTY LINES.
B.TREE AND SHRUB LOCATION SHOWN ON LANDSCAPE PLANS TAKE PRECEDENCE OVER IRRIGATION EQUIPMENT LOCATIONS. AVOID CONFLICTS BETWEEN THE IRRIGATION SYSTEM, PLANTING
MATERIALS, AND ARCHITECTURAL FEATURES.
C.USE ONLY STANDARD TEES AND ELBOW FITTINGS.
7.PROVIDE THE FOLLOWING COMPONENTS TO THE OWNER PRIOR TO THE COMPLETION OF THE PROJECT:
A.TWO (2) OPERATING KEYS FOR EACH TYPE OF MANUALLY OPERATED VALVES AND CONTROLLERS.
8.THE IRRIGATION CONTRACTOR IS RESPONSIBLE FOR THE INSTALLATION OF IRRIGATION SLEEVING. SLEEVES ARE REQUIRED FOR BOTH PIPING AND ELECTRICAL WIRING AT EACH HARDSCAPE
CROSSING. COORDINATE INSTALLATION OF SLEEVING WITH OTHER TRADES. ANY PIPE OR WIRE WHICH WAS NOT INSTALLED WILL REQUIRE HORIZONTAL BORING BY THE IRRIGATION
CONTRACTOR. IRRIGATION CONTRACTOR TO COORDINATE WITH SITE CONTRACTOR FOR TIME OF INSTALLATION AND LOCATION OF ANY SLEEVE AND/OR CONDUIT INSTALLATION.
9.INSTALL ALL ELECTRICAL POWER TO THE IRRIGATION CONTROL SYSTEM IN ACCORDANCE WITH THE NATIONAL ELECTRIC CODE AND ALL APPLICABLE LOCAL ELECTRIC UTILITY CODES.
10.ALL PLANT MATERIAL NOT LOCATED IN LAWN AREAS SHALL BE DRIP IRRIGATED BY AUTOMATIC CONTROLLED SYSTEM. HUNTER EQUIPMENT OR EQUAL. A COMPLETE LIST OF EQUIPMENT,
SHOP DRAWING CATALOG CUTS, LAYOUT PERFORMANCE AND MAINTENANCE WARRANTY INFORMATION SHALL BE SUBMITTED TO THE OWNERS REPRESENTATIVE FOR APPROVAL PRIOR TO
COMMENCING WORK. SAID INFORMATION SHALL BE COMPILED ALONG WITH AS-BUILT DRAWINGS AND MAINTENANCE INSTRUCTION AND SUBMITTED TO OWNER'S REPRESENTATIVE FOR
APPROVAL AT FINAL COMPLETION. CONTRACTOR SHALL DEMONSTRATE COMPLETE OPERATING SYSTEM AND MAINTENANCE TO OWNER'S REPRESENTATIVE AND OWNER'S MAINTENANCE AND
OPERATING PERSONNEL.
11.CONTRACTOR SHALL BE REQUIRED TO START UP AND WINTERIZE SYSTEM FOR THE WARRANTY PERIOD, ONE YEAR FROM FINAL COMPLETION, AND MAKE ALL ADJUSTMENTS AND REPAIRS
REQUIRED TO INSURE EFFICIENT OPERATION.
12.CONTRACTOR SHALL PROVIDE ALL REQUIRED IRRIGATION WATER CONTROL, FILTRATION PRESSURE REGULATION, WASTE AND DRAINAGE REQUIREMENTS OF A COMPLETE MAINTENANCE
SYSTEM.
13.CONTRACTOR SHALL PROVIDE 2- ROOT ZONE WATERING SYSTEMS TO EACH TREE IN TREE WELL, 3 EACH 2 G.P.H. EMITTERS TO EACH TREE, 2 EACH 1 G.P.H. EMITTERS TO EACH 2 GALLON
AND 5 GALLON SHRUB, VINE OR HERBACEOUS PLANT AND 1 EACH 1 G.P.H. EMITTERS TO EACH 1 GALLON AND 4" POT SHRUB, VINE OR HERBACEOUS PLANT. ALL EQUIPMENT SHALL BE
CONCEALED OR OTHERWISE PROTECTED UNDER SPECIFIED MULCHES AND IN VALVE BOXES WHERE ACCESS IS REQUIRED.
9AL9E S&HE'ULE
NUMBER MODEL TYPE PRECIP IN./WEEK MIN./WEEK GAL./WEEK GAL./DAY ACRE FEET/YEAR
1 HUNTER ICZ-101-25
AREA FOR DRIP
EMITTERS 0.8004 1 75.0 173.8 57.9
2 HUNTER ICZ-101-25
AREA FOR DRIP
EMITTERS 0.1587 1 378.1 1701.3 567.1
3 HUNTER ICZ-101-25
AREA FOR DRIP
EMITTERS 0.3817 1 157.2 488.6 162.9
4 HUNTER ICV-G TURF ROTARY 0.3426 1.5 262.7 1518.1 506.0
5 HUNTER ICZ-101-25
AREA FOR DRIP
EMITTERS 0.3144 1 190.8 1007.5 335.8
6 HUNTER ICV-G TURF ROTARY 0.2748 1.5 327.5 291.2 97.1
7 HUNTER ICZ-101-25
AREA FOR DRIP
EMITTERS 0.0638 1 940.4 2351.1 783.7
TOTALS:2331.7 7531.6 2510.5 0.42
TOTALS
BASED ON 18
WATERING
WEEKS A
YEAR.
4
4
68
CCCCCCCCCCFUTUREEVEVEVEVEVFUTUREEVFUTUREEVFUTUREEVWEST MENDENHALL STREET
WEST MAIN STREET NORTH 5TH AVENUENEW BUILDING,
SEE ARCH.
LIMIT OF WORK
PROPERTY LINE
C1
POINT OF CONNECTION,
LOCATED IN MECHANICAL
ROOM. COORDINATE
WITH MECHANICAL AND
ELECTRICAL
SLEEVE WITH 4" SCHEDULE
80 PVC SWEEP ELBOW
INSTALL VALVE INSIDE
IRRIGATION VAULT
2.321
1"33.11
1"5.784
1"
0.896
1"PROTECT EXISTING TREE
ROOTS DURING IRRIGATION
INSTALLATION
IRRIGATION
VAULT
DRIP ZONE LATERALS TO
TREES SHALL BE 1.5" HDPE
4.52
1"
2.57
1"
55.28
1"
SLEEVE TYP.
1
L2.2
INTERIOR POINT OF
CONNECTION
4
L2.2
CONTROLLER -
WALL MOUNT
7
L2.2
POP-UP SPRAY HEAD
6
L2.2
DRIP EMITTER
5
L2.2
1" DRIP ZONE KIT
2
L2.2
ELECTRIC CONTROL VALVE
3
L2.2
TRENCHING DETAILS
CONTRACTOR TO VERIFY
ANGLE OF PIPE TO AVOID CONFLICTS
WITH EXISTING FEATURES SP SUBMITTALNORTH FILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTION----IRRIGATION PLANMAIN STREET HOTELCONSTRUCTION PLANSBOZEMAN, MTL2.1 RPEBOZ_07022_01_LS_IRRIGATION.DWGDME5/24/20221ST SITE PLAN SUBMITTAL8/15/202211/3/2023----COVER SHEET REVISION2ND SITE PLAN SUBMITTAL------BOZ-07022.010 20SCALE: 1" = 20'401020
IRRIGATION PLAN
UULC KAAJMC4
69
SP SUBMITTALFILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTION----IRRIGATION DETAILSMAIN STREET HOTELCONSTRUCTION PLANSBOZEMAN, MTL2.2 RPEBOZ_07022_01_LS_DETAILS.DWGDME5/24/20221ST SITE PLAN SUBMITTAL8/15/202211/3/2023----COVER SHEET REVISION2ND SITE PLAN SUBMITTAL------BOZ-07022.01ALMJMCFROM WATER
SOURCE
TO IRRIGATION
SYSTEM
GROUND LEVEL
BACKFLOW PREVENTOR
METER
BLOWOUT TEE WITH CAP
COPPER PIPE
MAIN LINE
(PVC PIPE)
COPPER PIPE 1.5' MINPIPE STRAP
INTERIOR WALL
INTERIOR POINT OF CONNECTION
N.T.S.
NOTES:
1.SEE MECHANICAL FOR INTERIOR CONNECTION.
1
12"
NOTES:
1.USE TEFLON TAPE FOR ALL THREADED PIPE
CONNECTIONS.
2.ALL WIRES TO BE INSTALLED AS PER LOCAL CODES. NO
''IN-LINE'' WIRE SPLICES WILL BE ALLOWED.24"PVC MALE ADAPTOR & LATERAL LINE
FINISHED GRADE
12" STANDARD VALVE BOX
DRAIN GRAVEL
1 CU. FOOT
SCH.80 UNION
CENTER VALVE IN BOX
SCH.80 NIPPLE
SCH.40 PVC SXT 90\
CLASS 200 PVC PIPE
CONTROL WIRES
SCH.40 PVC TEE OR 90
ANGLE TO DIRECT
LATERAL IN TRENCH
SUCH THAT PIPE IS NOT
CURVED OR OTHERWISE
STRESSED.DOUBLE VALVE BOXES
BOLTED BACK TO BACK
ELECTRIC CONTROL VALVE
N.T.S.2
18"
PLANS
SECTIONS
DIRECT BURY PLAN
DIRECT BURY SECTION
TAPE & BUNDLE ALL WIRING AT 10' INTERVALS.
USE 6" WIDE MARKING TAPE 6" ABOVE ALL
DIRECT BURIAL WIRING.
ALL SPLICES SHALL BE MADE IN VALVE BOXES
AND LOCATED ON AS-BUILT PLANS (ALL 120 V).
WIRING SHALL BE IN CONDUIT WITH MARKER
TAPE AS ABOVE.
ALL WIRING UNDER PAVEMENT & THROUGH
SLEEVES SHALL BE IN CONDUIT. TIE A LOOSE 20
INCH LOOP IN WIRING AT ALL CHANGES IN
DIRECTION GREATER THAN 30 DEGREES. UNTIE
ALL LOOPS AFTER MAKING CONNECTIONS.
18"
CONDUIT SECTION
CONDUIT PLAN
24" 36" 24" 36"
LATERAL PIPE IN
TRENCH SNAKE ALL
FINISHED GRADE
MARKING TAPE
LOOP
TIES
FINISHED GRADE
LATERAL
MAIN LINE
BEDDING
LOW VOLTAGE WIRE OR 120V WIRE IN CONDUIT
LATERAL
TRENCHING DETAILS
N.T.S.3
1
2
3
4
1
2
3
NOTES:
1.MOUNT CONTROLLER LCD SCREEN AT EYE
LEVEL, CONTROLLER SHALL BE HARD-WIRED
TO GROUNDED 110 VAC POWER SOURCE
4
LEGEND:
4
IRRIGATION CONTROLLER
IRRIGATION CONTROL WIRE IN CONDUIT
SIZE AND TYPE PER LOCAL CODES
ELECTRICAL SUPPLY CONDUIT
CONNECT TO POWER SOURCE, J-BOX INSIDE
CONTROLLER
ADJACENT SURFACE TO MOUNT CONTROLLER PER
PLAN
CONTROLLER - WALL MOUNT
N.T.S.
RIGHT ELEVATION
FRONT ELEVATION
4
NOTES:
1.COVER DRIP LATERAL AND EMITTER DISTRIBUTION TUBING WITH
MULCH, ALL PLANTING BEDS.
2.BURY TUBING AT 6" DEPTH IN OPEN AREAS.
'RAINBIRD EMITTER, INLINE OR
XB-10,AT BASE OF EACH
PLANTING
RAINBIRD XT-700 1/2" DRIP
TUBING
6" STL. STAPLE AT 6' O.C. MAXIMUM
ALONG DRIP LATERAL; NOT REQUIRED
WHERE DRIP LATERAL IS BURIED
FINISH GRADE
WEED BARRIER LANDSCAPE FABRIC, TYP.
SECTION
DRIP EMITTER
N.T.S.6 POP-UP SPRAY HEAD
N.T.S.
4"
FINISH GRADE
POP-UP SPRINKLER BODY.
SEE SPECIFICATION FOR
TYPE.
WALK/CURB
(3) MARLEX STREET ELLS
FLEXIBLE PIPE
SCH. 40 P.V.C. TEE
NOTES:
1. NIPPLE AND STREET ELL DIAMETERS SHALL EQUAL INLET
SIZE SPRAY BODY.
7
3"
FINISHED GRADE
PVC SCH 40 ELL
PVC SCH 80 NIPPLE (LENGTH AS REQUIRED)
30" LINEAR LENGTH OF WIRE, COILED
WATERPROOF CONNECTION: SPLICE-1 (1 OF 2)
ID TAG
VALVE BOX WITH COVER
PVC SCH 40 FEMALE ADAPTER
LATERAL PIPE
BRICK (1 OF 4)
3" MINIMUM DEPTH OF 3/4" PEA GRAVEL
CONTROL ZONE KIT: (INCLUDES 1" VALVE, BACK
FLUSH PRESSURE REGULATING FILTER, DUCK BILL
BOOT).
PVC SCH 80 NIPPLE (2-INCH LENGTH, HIDDEN)
AND PVC SCH 40 ELL
PVC SCH 40 TEE OR ELL
PVC MAINLINE
1" DRIP ZONE KIT
N.T.S.5
70
Memorandum
REPORT TO:City Commission
FROM:Adam Oliver, Stormwater Program Manager
Shawn Kohtz, Utilities Director
SUBJECT:Authorize the City Manager to Sign Maintenance Agreements with the
Montana Department of Transportation (MDT) to Facilitate the Bidding,
Construction, and Long-Term Operation for the Manley Ditch Rehabilitation
Project
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Agreement - Agency/Non-profit
RECOMMENDATION:Authorize the Interim City Manager to sign maintenance agreements with
the Montana Department of Transportation to facilitate the bidding,
construction and long-term operation for the Manley Ditch Rehabilitation
Project.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The Manley Ditch Rehabilitation (Project) includes the restoration of a
historical Manley Ditch (Ditch) that conveys stormwater from a 58-acre
drainage basin to the Cherry Creek Fishing Access. The Ditch is degraded
and, in some cases, non-existent due to inadequate past management. A
functioning Ditch is critical in mitigating flooding and property damage. The
staff has coordinated with stakeholders to acquire necessary easements and
permissions to complete the work and locate the Ditch indefinitely. A
portion of the project is located on MDT easements which connects to the
Cherry River Fishing Access Trail. The following Memorandum of Agreement
documents require the City Manager’s signature before moving to the
construction bidding phase:
1) Montana Department of Transportation (MDT) Encroachment
Maintenance Agreement for the Manley Stormwater Ditch: An agreement
that sets forth the respective design, construction, and maintenance
responsibilities associated with the Manley stormwater ditch improvements,
structures, piping, and maintenance access road encroachments within MDT
right-of-way on North 7th Ave.
2) MDT Encroachment Maintenance Agreement for the Cherry River Fishing
Access Trail: A portion of the Manley Ditch Rehabilitation Project will
relocate the Trail. This Agreement sets forth terms necessary for the City to
71
provide long term maintenance of the Trail within the MDT right-of-way.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:Construction of the Manley Ditch Rehabilitation Project has been approved
in the FY2025 CIP. Staff will maintain the ditch as part of City maintained
stormwater infrastructure.
There is no direct fiscal effect in tied to these agreements.
Attachments:
ManleyDitch-CityState-MaintenanceAgr-without-trail.pdf
CherryRiverFishingAccessTrail-MaintenanceAgr.pdf
Report compiled on: October 2, 2024
72
Page | 1
CITY/STATE MEMORANDUM OF AGREEMENT
MANLEY STORMWATER DITCH - ENCROACHMENT
MAINTENANCE AGREEMENT
October 2024
This Agreement is made and entered into by and between of City of Bozeman (the “City”),
whose address is 121 N. Rouse, Bozeman MT 59715 and the State of Montana Department
of Transportation (“MDT” or the “State”), whose address is 2701 Prospect Ave. P.O. Box
201001, Helena MT 59620-1001, together referred to as the “Parties”.
The Purpose of this Agreement is to set forth the respective design, construction, and
maintenance responsibilities and duties of the Parties associated with the Manley
stormwater ditch improvements, structures, piping, and maintenance access road
encroachments within MDT right-of-way on North 7th Ave (P-118) north of the BNSF
Railway Company (“BNSF”) railroad tracks at Reference Post (“RP”) 1.9. This Agreement
sets forth terms necessary for the City to provide long term maintenance of the Manley
stormwater ditch, structures, piping, and maintenance access road shown in Attachment B
within MDT right-of-way.
WHEREAS, MDT is responsible for planning, designing, constructing, and maintaining State
highways and roadways, associated transportation facilities, including associated pull-off,
parking areas, and rest areas for the use and benefit of the traveling public, in a safe and
efficient manner in accordance with Title 23 United States Code and Title 60 of the
Montana Code Annotated which includes North 7th Ave (P-118); and
WHEREAS, North 7th Ave (P-118) is on the Primary Highway System within the State of
Montana and is eligible to receive Federal Highway Funds; and
WHEREAS, the City has agreed to be responsible for the maintenance of the Manley
stormwater ditch, structures, piping, and maintenance access road (herein after referred to
as the “Project”) within MDT right-of-way; and
WHEREAS, in accordance with MDT’s agreement with the Federal Highway Administration
of the U.S. Department of Transportation (“FHWA”), MDT must ensure that minimum
requirements are met in order for MDT to fulfill its obligations to the FHWA and for North
7th Ave (P-118) to be eligible for federal funds; and
WHEREAS, the Project includes the installation of ditch improvements, structures, piping,
and maintenance access road encroachments within MDT right-of-way on North 7th Ave (P-
118) north of BNSF railroad tracks within the City limits, per approved plans (Attachment
B); and
73
Page | 2
WHEREAS, the City has agreed to maintain, or cause to be maintained the Project within
the MDT’s North 7th Ave (P-118) right-of-way subject to this Agreement; and
WHEREAS, this Agreement must be fully executed before the facilities and improvements
may be installed within MDT right-of-way; and
NOW, THEREFORE, the Parties set forth the fundamental duties, obligations, and
responsibilities necessary for the City to maintain the facilities proposed by the Project
within MDT right-of-way.
ARTICLE I. OBLIGATIONS OF THE CITY:
1. The Parties acknowledge the City has agreed to, and MDT has approved the general
design of the Project including the Manley stormwater ditch improvements,
structures, piping, and maintenance access road within MDT right-of-way. The
documents are identified as Attachment B attached and made part of this
Agreement.
2. The City shall submit and receive approval from MDT’s Bozeman Area Office for a
traffic control plan prior to allowing work within MDT right-of-way.
3. The City shall schedule a preconstruction meeting with MDT’s Bozeman Area staff to
discuss construction-related activities and coordination prior to initiating any work
within MDT right-of-way. MDT’s Bozeman Area Maintenance staff must be notified,
and an approval received a minimum of four (4) calendar days before commencing
any construction and/or maintenance work within MDT right-of-way.
4. The City shall not install or allow others to install any fixture, building, structure,
improvement, or other permanent installation other than those shown in
Attachment B within MDT right-or-way without prior approval from MDT.
5. The City, at its sole expense, will repair, or cause to be repaired, any damage to
North 7th Ave (P-118) right-of-way attributable to the City’s maintenance of the
Project. The City will repair North 7th Ave (P-118) right-of-way to approved
standards determined by MDT. The City shall repair any damage identified by the
City within 60 calendars days of malfunction or damage. The City shall repair any
damage identified by MDT within 60 calendar days after notice by MDT.
6. The City will not perform any maintenance within MDT right-of-way that requires
lane closure or equipment without first obtaining written approval by MDT
District/Area maintenance staff.
7. The City shall complete the necessary environmental processes for modification to
the State highways and roadways and demonstrate that all, if any, environmental
issues associated with the Project have been identified and mitigated. The City will
prepare and file any required environmental documents and apply for and obtain
74
Page | 3
any permits required by other governmental agencies at no expense to MDT prior to
maintenance taking place within MDT right-of-way.
8. The City will maintain any and all BNSF Encroachments and Montana Department of
Fish, Wildlife and Parks Agreements for the Manley ditch location, maintenance
road, and outfall as necessary or applicable.
9. If the City fails to cure any and all deficiencies in its duties to perform or cause to be
performed, its maintenance obligations as required by this Agreement within 60
days after written notice from MDT, MDT may complete the required maintenance
and the City shall compensate MDT for its performance of said maintenance.
10. MDT may complete any maintenance required due to a public emergency without
prior notice to the City. The City shall reimburse MDT for said maintenance,
including Indirect Costs.
11. The City shall provide acceptable contract performance security for future
maintenance work if MDT District/Area Maintenance staff determines security is
required. The security amount and terms will be provided by MDT’s Bozeman Area
Maintenance Chief based on maintenance work scope and impacts to MDT
facilities. The safety requirements will be based on the State of Montana
requirements for contract performance securities.
ARTICLE II. GENERAL OBLIGATIONS OF MDT
1. MDT, at MDT’s sole expense, will maintain the roadway, curbing, and bridge
structure on North 7th Ave (P-118) associated with the Project in a satisfactory
condition.
2. MDT will review any proposed encroachments within the Project area on MDT
right-of way for compliance with state and federal laws and rules. If an
encroachment is allowed within MDT right-of-way and the appropriate submissions
are made, MDT will issue the appropriate permits.
3. If the City does not fulfill its maintenance requirements as stated herein, MDT may
complete the required maintenance and seek compensation from the City for any
and all costs incurred. In doing so, MDT must first provide notice to the City
allowing 60 days to complete any such maintenance. If MDT performs such
maintenance under this section, it must provide detailed invoices of such costs to
the City.
75
Page | 4
4. MDT may complete any maintenance required due to public emergency and seek
compensation from the City for any and all costs incurred. In doing so, MDT may
first provide notice to the City, when possible, allowing time to complete any such
maintenance. If MDT performs maintenance under this section, it must provide
detailed invoices of such costs to the City.
5. MDT will notify the City and grant permission to initiate work within MDT right-of-
way on North 7th Ave (P-118) after execution and under the terms of this Agreement
as determined by MDT’s Bozeman Area Maintenance Chief.
6. MDT may assign staff to provide construction oversight during the Project.
7. MDT’s Point of Contact for construction as well as fee assessment related issues for
this project is Ted Jones, Bozeman Area Maintenance Chief, tejones@mt.gov,
(406)556-4704.
ARTICLE III. PROJECT SPECIFIC PROVISIONS:
1. Construction Storm Water General Permit
a. The City will follow the DEQ and City Storm Water Pollution Prevention Plan
(SWPPP) requirements.
b. The City will pay annual fees associated with permit coverage until
termination.
2. Small Municipal Separate Storm Sewer System (MS4) Permit
a. MDT concludes, and the City agrees, the Project work is designed in
compliance with applicable Small MS4 Permit requirements.
b. The City agrees to operate, monitor, and maintain stormwater management
features in compliance with applicable MS4 requirements.
ARTICLE IV. PROJECT SPECIFIC FEATURES:
1. Stormwater Ditch and Structures
a. Upon completion of the Project, the City is responsible, at no cost to MDT, to
service, maintain, repair, and pay the cost of operating the stormwater ditch
and structures within MDT right-of-way, such that it does not negatively
impact the operation of the stormwater ditch, structures, recreational non-
motorized trail, and the safety of the traveling public. If all or part of the
stormwater ditch and structures become unsafe for use, the City agrees to
restrict access to the affected area until the condition has been remedied.
b. For the purposes of this Agreement, “maintenance of the stormwater ditch
and structure” includes annual inspection of the ditch and structures and any
necessary repairs including confirming the stormwater ditch and structures
are functioning in good working order.
76
Page | 5
ARTICLE V. GENERAL TERMS AND CONDITIONS:
1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10)
year term, this Agreement will renew automatically, for successive one (1) year
terms, unless superseded by a new agreement between the Parties.
2. Termination – This Agreement may be terminated by MDT if the City violated or
breaches any term, condition, or article of this Agreement and the City has failed to
correct (or reasonably initiate correction) within 60 days of receiving notice in
writing addressed to the City’s representative, or such violation or breach of any
term, condition, or article of the Agreement. If this Agreement is terminated, the
City shall remove the improvements and fully restore MDT right-of-way or abandon
the Project improvements in place within 60 days. To the extent the City abandons
the Project improvements in place, the improvements may, as solely determined by
MDT, become the property of MDT, without reimbursement. MDT will maintain the
property as it sees fit and may remove the improvements without the City’s or
landowner approval. MDT may seek compensation for maintenance or removal of
the improvements from the City.
3. Other Agreements – Other agreements pertaining to the Project area remain in full
force and effect. In case of a conflict between this Agreement and a previously
executed agreement, the terms of this Agreement apply.
4. Hold Harmless & Indemnification
a. The City shall to protect, defend, indemnify, and hold MDT, its elected and
appointed officials, agents, and employees, while acting within their duties as
such, harmless from and against all claims, liabilities, demands, causes of
action, and judgments (including the cost of defense and reasonable attorney
fees) arising in favor of or asserted by the City’s employees or third parties
on account of personal or bodily injury, death, or damage to property, arising
out of the actions or omissions of the City, its agents, contractors, or sub-
contractors, under this Agreement, except the negligence of MDT.
b. MDT agrees to protect, defend, indemnify, and hold the City, its elected and
appointed officials, agents, and employees while acting within their duties as
such, harmless from and against all claims, liabilities, demands, causes of
action, and judgements (including the cost of defense and reasonable
attorney fees) arising in favor of or asserted by MDT’s employees or third
parties on account of personal or bodily injury, death, or damage to property,
arising out of the acts or omissions of MDT, its agents, or sub-contractors,
under this Agreement, except the negligence of the City.
5. Insurance
a. General Requirements: Each Party shall maintain for the duration of this
Agreement, at its own cost and expense, insurance against claims for injuries
77
Page | 6
to persons or damages to property that may arise from or in connection with
the performance of duties and obligations in this Agreement by each Party,
its agents, employees, representatives, assigns, or sub-contractors. This
insurance shall cover such claims as may be caused by any negligent act or
omission.
b. General Liability Insurance: Each Party shall purchase and maintain
occurrence coverage with combined single limits for bodily injury, personal
injury, and property damage of at a minimum $1 million per occurrence and
$2 million aggregate per year to cover such claims as may be caused by or
arising out of any negligent acts or omissions in work or services performed
under this Agreement, or as established by statutory tort limits as provided
under this Agreement or as established by statutory tort limits as provided
by a public entity self-insurance program either individually or on a pool
basis as provided by Montana Code Annotated Title 2, Chapter 9.
c. General Provisions: All insurance coverage must be with a carrier licensed to
do business in the State of Montana or by a public entity self-insured
program either individually or on a pool basis. Each Party must notify the
other immediately of any material change in insurance coverage, such as
changes in limits, coverage, change in status of policy, etc. Each Party
reserves the right to request complete copies of the other Party’s insurance
policy or self-insured memorandum of coverage at any time.
d. Workers’ Compensation Insurance: The City must maintain workers’
compensation insurance and require its contractors and its contractor’s sub-
contractors to carry their own workers’ compensation coverage while
performing work within MDT right-of-way in accordance with Montana Code
Annotated §§ 39-71-401 and 39-71-405. Neither the City nor its contractor,
subcontractors, and employees are employees of MDT. This
insurance/exemption must be valid for the entire Agreement period.
6. Public Safety
If any repairs to the elements of the Project must be performed to address or
prevent a public hazard, the City will immediately protect the area from public
access, contact the appropriate MDT District Maintenance Office, and make
reasonable and timely effort to correct or repair the hazard.
7. Invoicing and Indirect Costs (IDC)
78
Page | 7
If MDT incurs any costs resulting from this Agreement, MDT shall be compensated
for such costs by the City and the City shall pay the same within thirty (30) days of
its receipt of such invoices.
Montana Code Annotated § 17-1-106, requires any state agency, including MDT,
which receives non-general funds to identify and recover its indirect costs (“IDC”).
These costs are in addition to direct project costs. MDT’s IDC rate is determined
annually as a percentage of the project’s direct costs to cover the project’s share of
MDT’s IDC as defined by 2 CFR § 200, Appendix VII. MDT’s current IDC rate is
11.32% for fiscal year 2025 (July 1, 2024, to June 30, 2025). If the work occurs or
extends into fiscal year 2025 or beyond the IDC rate will be charged at the rate
agreed to by MDT and FHWA at that time.
Invoice will be sent to:
City of Bozeman
Attn: Adam Oliver
PO Box 1230
Bozeman, MT 59771
Payments shall be made to:
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
PO Box 201001
Helena MT 59620-1001
8. Choice of Law and Venue – This Agreement shall be governed by the laws of
Montana. The Parties agree that any litigation concerning this Agreement must be
brought in the First Judicial District Court, in and for the County of Lewis and Clark,
State of Montana, and each Party shall pay its own costs and attorney fees except as
otherwise noted in this Agreement. In case of conflict between the terms and
conditions of this Agreement the laws of the State of Montana, the laws of the State
of Montana shall control.
9. Binding Effect – The benefits and obligations set forth in this Agreement shall be
binding upon, and inure to the benefit of, their respective successors, administrators
and assigns of the parties.
10. Relationship of Parties – Nothing contained in this Agreement shall be deemed or
construed (either by the parties hereto or by any third party) to create the
relationship of principal and agent or create any partnership joint venture or other
association between the Parties.
79
Page | 8
11. Non-Discrimination – The City will require that during the performance of any work
arising out of this Agreement the City, for itself, assignees, and successors shall
comply with all applicable non-discrimination regulation set forth in Attachment A
attached hereto and made a part of this Agreement.
12. ADA – Any construction resulting from this Agreement must include appropriate
pedestrian facilities that meet or exceed current MDT standards for accessibility as
set forth by the United States Department of Justice 2010 ADA Standards for
Accessible Design, United States Access Board Proposed Guidelines for Pedestrian
Facilities in the Public Right-or-Way, and MDT’s Detailed Drawings, 608 series.
13. Audit – The Legislative Auditor and the Legislative Fiscal Analysts may, without
prior notice and during normal business hours, audit, at their own cost and expense
all records, reports, and other documents, the City maintains in connection with this
Agreement.
14. Access and Retention of Records – The City shall provide the State, Legislative
Auditor, or their authorized agents access to any records necessary to determine
compliance with this Agreement (Mont. Code Ann. § 18-1-118). The City agrees to
create and retain records supporting this Agreement for a period of three years
after the completion date of this Agreement or the conclusion of any claim, litigation,
or exception relating to this Agreement taken by the State of Montana or a third
party.
15. Highway Modifications – If MDT modifies or improves the highway or roadway
facilities impacted by the Project, the City will modify, upon reasonable notice at no
expense to MDT, the Project accordingly.
16. Revocation – This Agreement is revocable by MDT in the event that the Project
facilities within the right-of-way cease to be used by the City for a period of one year
or are otherwise abandoned. Upon revocation or abandonment, the system facilities
must be removed in compliance with this Agreement.
17. Utilities – The right of any private or public utility entity now lawfully occupying the
right-of-way to continue to operate and maintain utility facilities supersedes any
right granted by this Agreement to the City. Copies of existing utility permits may
be obtained from MDT’s District Utility Agent.
18. Permission From Other Landowners/Entities - The parties recognize MDT may not
own in fee simple the entire highway corridor upon which the Project is situated.
Portions of MDT’s highway may be situated upon lands owned by entities such as
the United States Forest Service, Bureau of Land Management, Railroads, Indian
Tribal Lands or others by permit or easement. It is the City’s responsibility to
80
Page | 9
determine if any other permits are necessary and obtain them from the other
entities and if requested, provide them to MDT prior to commencement of any
construction work. If, at any time after the Project is installed, the City is required to
remove the Project on portions of the MDT roadway right-of-way because they do
not have authority to locate therein from the underlying landowner, all removal
costs shall be at the City’s sole expense. If any permits are required from local
governments whose highways cross over or under MDT's highway right-of-way, the
City is responsible for determining ownership and obtaining necessary permits even
though the City’s facility is technically within MDT's Highway right-of-way.
19. Amendment and Modification – This Agreement may be modified or amended only
by written addendum signed by the Parties. In addition to the terms and conditions
contained herein, the provisions of any addendum may be incorporated and made a
part hereof by this reference in the terms of the amendment so provided. In the
event of any conflict between the terms and conditions hereof and the provisions of
any addendum, the provision of the addendum shall control, unless the provisions
thereof are prohibited by law.
20. Representatives
a. The City’s Representative: The City’s Representative for this Agreement shall
be the City Mayor, City Manager, designee, or such individual as the City shall
designate in writing. Whenever approval or authorization form or
communication or submission to the 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 the City’s
Representative is not available, MDT may direct its communication or
submission to other designated City personnel or agents.
b. MDT’s Representative: MDT’s Representative for this Agreement shall be the
District Administrator or Maintenance Chief or such other individual as MDT
shall designate in writing. Whenever direction to or communication with
MDT is required by this Agreement, such direction or communication shall
be directed to MDT’s Representative; provided, however, that the exigent
circumstances when MDT’s Representative is not available, the City may
direct its directions or communication or submission to other designated
MDT personnel or agents.
21. Counterpart Execution – This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together
shall constitute one and the same Agreement. The counterparts of this Agreement
may be executed and delivered by facsimile or other electronic signature by any of
81
Page | 10
the Parties to any other party and the receiving party may rely on the receipt of such
document so executed and delivered by facsimile or other electronic means as if the
original had been received.
82
Page | 11
IN WITNESS WHEREOF, MDT’s authorized representative has hereunto signed on behalf of
MDT, and the City Manager of the City of Bozeman, on behalf of the City, has signed and
affixed hereto the seal of the City.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
By ______________________________________________ ______________________, 2024
Montana Department of Transportation
________________________________
Approved for Legal Content
________________________________
Approved for Civil Rights
CITY OF BOZEMAN
By __________________________________________________ _______________________, 2024
Chuck Winn, Interim City Manager
ATTEST: APPROVED AS TO FORM AND CONTENT:
________________________________
Mike Maas, City Clerk
_________________________________
Greg Sullivan, City Attorney
(SEAL)
83
ATTACHMENT A
MDT Nondiscrimination and Disability Accommodation Notice
84
Page 1 of 4
Rev. 01/2022
MDT NONDISCRIMINATION AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and
Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter
“protected classes”) by its employees or anyone with whom MDT does business:
Federal protected classes State protected classes
Race, color, national origin,
sex, sexual orientation, gender identity,
age, disability, income-level & Limited
English Proficiency
Race, color, national origin, parental/marital status,
pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth, religion/creed, social origin or
condition, genetic information, sex, sexual orientation,
gender identification or expression, ancestry, age,
disability mental or physical, political or religious
affiliations or ideas, military service or veteran status,
vaccination status or possession of immunity passport
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all
Acts and Regulations of the United States and the State of Montana relative to Non-
Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes in the
selection and retention of subcontractors, including procurements of materials and
leases of equipment, employment, and all other activities being performed under this
contract/agreement.
b. The PARTY will provide notice to its employees and the members of the public that it
serves that will include the following:
i. A statement that the PARTY does not discriminate on the grounds of any
protected classes.
ii. A statement that the PARTY will provide employees and members of the public
that it serves with reasonable accommodations for any known disability, upon
request, pursuant to the Americans with Disabilities Act as Amended (ADA).
iii. Contact information for the PARTY’s representative tasked with handling non-
discrimination complaints and providing reasonable accommodations under the
ADA.
iv. Information on how to request information in alternative accessible formats.
85
Page 2 of 4
Rev. 01/2022
c. In accordance with Mont. Code Ann. § 49-3-207, the PARTY will include a provision, in all
of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of
merit and qualifications and that the PARTY does not discriminate on the grounds of any
protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the
PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services. The list of all currently certified DBE firms is located on the MDT
website at mdt.mt.gov/business/contracting/civil/dbe.shtml
b. By signing this agreement, the PARTY assures MDT that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy as the recipient deems appropriate.
c. The PARTY must include the above assurance in each contract/agreement the PARTY
enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be
performed under a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation
under this contract/agreement and all Acts and Regulations of the United States and the State of
Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the
Acts, Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by MDT or
relevant US DOT Administration to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the PARTY will so certify to
MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination
provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY
complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
86
Page 3 of 4
Rev. 01/2022
(7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement,
the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following
non-discrimination statutes and authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
- Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the Federal-aid recipients,
sub-recipients, and contractors, whether such programs or activities are Federally funded or
not);
- Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
- The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
87
Page 4 of 4
Rev. 01/2022
- Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.).
- Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of
gender identity and in hiring by federal contractors on the basis of both sexual orientation and
gender identity.
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through
seven in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The
PARTY will take action with respect to any subcontract or procurement as MDT or the relevant
US DOT Administration may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT
to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request
the United States to enter into the litigation to protect the interests of the United States.
88
ATTACHMENT B
Plans
89
406-586-8834
CONSTRUCTION DRAWINGS
for
CITY OF BOZEMAN
MANLEY DITCH REHABILITATION
BOZEMAN, MONTANA
PREPARED FOR:
CITY OF BOZEMAN
20 EAST OLIVE ST.
BOZEMAN, MT 59771
KAYLA MEHRENS
406-582-2270
PREPARED BY:
SHEET INDEX
C0
KALISPELL
SHELBY
HAVRE
GLASGOW
GREAT FALLS
LEWISTOWNMISSOULA
HELENA
BUTTE
DILLON
BOZEMAN BILLINGS HARDIN
SHERIDAN
MILES CITY
GLENDIVE
SIDNEY
ANACONDA
I-90
PROJECT LOCATION
I-90N7THAVENUEMANLEYROADG
A
L
L
A
TIN
P
A
R
K
D
RIV
E
BID SET
UTILITY COMPANY CONTACTS:
SPRINT
Steven Schauer
360-402-7725
Steven.schauer@sprint.com
CENTURY LINK
Jana Harmon
800-573-1311
Jana.harmon@centurylink.com
CITY OF BOZEMAN
Kayla Mehrens
406-582-2270
KMehrens@bozeman.net
NORTHWESTERN ENERGY
Joe Carmody
406-422-3276
Joe.Carmody@northwestern.com
PEDESTRIAN BRIDGE LOCATION
Permitting Set
RUSSELL SMITH
RUSSELL SMITH
406-582-2937
rsmith@bozeman.net
90
CONTROL POINT TABLE
CITYOFBOZEMAN-MANLEYDITCHREHABILITATIONBOZEMAN,MONTANA406-586-8834SURVEYCONTROLGENERALNOTESANDG0
GENERAL NOTES
UTILITY NOTES SURVEY CONTROL AND COORDINATE SYSTEM NOTES
CONSTRUCTION NOTES
WETLAND PLANT INSTALLATION GUIDELINES
Species Name Common Name Percent of Mix
Carex nebrascensis Nebraska sedge 20%
Carex utriculata Northwest Territory sedge 20%
Eleocharis palustris common spikerush 10%
Juncus arcticus arctic rush 20%
Schoenoplectus acutus hardstem bulrush 20%
Scirpus microcarpus small-fruited bulrush 10%
SEEDING GUIDELINES
SEEDBED PREPARATION
Species Name Common Name Pure Live Seed(PLS) lbs/acre
Beckmannia syzigachne American sloughgrass 0.5
Calamagrostis canadensis bluejoint reedgrass 0.25
Carex nebrascensis Nebraska sedge 1
Deschampsia cespitosa tufted hairgrass 1
Elymus trachycaulus slender wheatgrass 4
Juncus arcticus arctic rush 0.1
Pascopyrum smithii western wheatgrass 2
TOTAL 8.85
BID SETPermitting Set
91
CITYOFBOZEMAN-MANLEYDITCHREHABILITATIONBOZEMAN,MONTANA406-586-8834SHEET PP3
SHEETPP4
SHEET PP2
SHEET S1
SHEET S2
SHEET S3
SHEET PP1
SHEETINDEXOVERALLPROJECTMAP&G1BID SETPermitting Set
92
MAINTENANCE ACCESS ROAD CENTERLINE ALIGNMENT
D
D
D MAINTENANCEACCESSCONNECTIONS1
DETAIL
GRAVEL MAINTENANCE ROAD
CITYOFBOZEMAN-MANLEYDITCHREHABILITATIONBOZEMAN,MONTANA406-586-8834BID SETPermitting Set
93
IMPROVEMENTSPARKINGS2
DETAIL
GRAVEL PARKINNG
CITYOFBOZEMAN-MANLEYDITCHREHABILITATIONBOZEMAN,MONTANA406-586-8834BID SETPermitting Set
94
SOUTH SIDE SWALE CENTERLINE ALIGNMENT
SOUTHSIDESWALES3 PLANANDPROFILESECTION
V-DITCH
CITYOFBOZEMAN-MANLEYDITCHREHABILITATIONBOZEMAN,MONTANA406-586-8834BID SETPermitting Set
95
MANLEY DITCH CENTERLINE ALIGNMENT
D
D STA.0+00TOSTA.5+70PLANANDPROFILEPP1MATCHLINE-5+70CITYOFBOZEMAN-MANLEYDITCHREHABILITATIONBOZEMAN,MONTANA406-586-8834BID SETPermitting Set
96
STA.5+70TOSTA.11+40PLANANDPROFILEPP2MATCHLINE-5+70MATCHLINE-11+40CITYOFBOZEMAN-MANLEYDITCHREHABILITATIONBOZEMAN,MONTANA406-586-8834BID SET
97
STA.11+40TOSTA.17+10PLANANDPROFILEPP3MATCHLINE-11+40MATCHLINE-17+10CITYOFBOZEMAN-MANLEYDITCHREHABILITATIONBOZEMAN,MONTANA406-586-8834BID SETPermitting Set
98
STA.17+10TOSTA.22+60PLANANDPROFILEPP4MATCHLINE-17+10CITYOFBOZEMAN-MANLEYDITCHREHABILITATIONBOZEMAN,MONTANA406-586-8834BID SETPermitting Set
99
A
A
A
AB
BDETAILSD1
DETAIL
BIORETENTION SWALES
CITYOFBOZEMAN-MANLEYDITCHREHABILITATIONBOZEMAN,MONTANA406-586-8834BID SETPermitting Set
100
DETAIL
SECURITY GATE
DETAILSD2
DETAIL
DROP STRUCTURES
DETAIL
PEDESTRIAN BRIDGE CHANNEL PROTECTION
DETAIL
OUTLET STRUCTURE MODIFICATION
DETAIL
CHANNEL CROSS-SECTION
INLET RCP STRUCTURE OUTLET RCP PIPE SKEW
FETSINVERT IN RCP INVERTIN @ MH LENGTH (FT.)STRUCTURE STATION DIAMETER (IN.)RIM ELEV.RCP INVERTOUT @ MH FETSINVERT OUT LENGTH (FT.) ANGLE (DEG.)
4700.07 4697.45 40 DROP STRUCTURE #1 1+78.62 96 4702.56 4695.65 4695.61 8 98
4694.78 4694.74 8 DROP STRUCTURE #2 9+48.36 72 4699.78 4689.52 4689.46 16 160
4689.33 4689.29 8 DROP STRUCTURE #3 14+47.04 72 4694.28 4683.76 4683.70 16 161
4683.18 4683.14 8 DROP STRUCTURE #4 20+99.43 72 4688.13 4676.32 4676.04 104 158
NOTE: LENGTHS SHOWN ARE RCP ONLY AND DO NOT INCLUDE FETS.
DETAIL
RIPRAP APRON
·CITYOFBOZEMAN-MANLEYDITCHREHABILITATIONBOZEMAN,MONTANA406-586-8834BID SETPermitting Set
101
PLAN VIEW
ELEVATION VIEW
DETAIL "A"DETAILSD3CITYOFBOZEMAN-MANLEYDITCHREHABILITATIONBOZEMAN,MONTANA406-586-8834BID SET
DETAIL
SWING ACCESS GATE
DETAIL
SIGN
Permitting Set
102
CROSSSECTIONSCHANNELXSCITYOFBOZEMAN-MANLEYDITCHREHABILITATIONBOZEMAN,MONTANA406-586-8834BID SETPermitting Set
103
Page | 1
CITY/STATE MEMORANDUM OF AGREEMENT
CHERRY RIVER FISHING ACCESS TRAIL - ENCROACHMENT
MAINTENANCE AGREEMENT
October 2024
This Agreement is made and entered into by and between of City of Bozeman (the “City”),
whose address is 121 N. Rouse, Bozeman MT 59715 and the State of Montana Department
of Transportation (“MDT”), whose address is 2701 Prospect Ave. P.O. Box 201001, Helena
MT 59620-1001, together referred to as the “Parties”.
The Purpose of this Agreement is to set forth the respective design, construction and
maintenance responsibilities and duties of the Parties associated with the Cherry River
Fishing Access Trail non-motorized recreational trail encroachment within MDT right-of-
way on North 7th Ave (P-118) north of the BNSF Railway Company (“BNSF”) railroad tracks
at Reference Post (“RP”) 1.9 (the “CRFA Trail”). This Agreement sets forth terms necessary
for the City to provide long term maintenance of the CRFA Trail shown in Attachment B
within MDT right-of-way.
WHEREAS, MDT is responsible for planning, designing, constructing, and maintaining State
highways and roadways, associated transportation facilities, including associated pull-off,
parking areas, and rest areas for the use and benefit of the traveling public, in a safe and
efficient manner in accordance with Title 23 United States Code and Title 60 of the
Montana Code Annotated which includes North 7th Ave (P-118); and
WHEREAS, North 7th Ave (P-118) is on the Primary Highway System within the State of
Montana and is eligible to receive Federal Highway Funds; and
WHEREAS, the City has agreed to be responsible for the maintenance of the CRFA Trail
within MDT right-of-way; and
WHEREAS, in accordance with the State’s agreement with the Federal Highway
Administration of the U.S. Department of Transportation (“FHWA”), MDT must ensure that
minimum requirements are met in order for MDT to fulfill its obligations to the FHWA and
for North 7th Ave (P-118) to be eligible for federal funds; and
WHEREAS, the CRFA Trail includes the installation of the CRFA Trail improvements within
MDT right-of-way on North 7th Ave (P-118) north of BNSF railroad tracks within the City
limits, per approved plans (Attachment B); and
WHEREAS, the City has agreed to maintain, or cause to be maintained the CRFA Trail
within the MDT’s North 7th Ave (P-118) right-of-way subject to this Agreement; and
104
Page | 2
WHEREAS, this Agreement must be fully executed before the facilities and improvements
may be installed within MDT right-of-way; and
NOW, THEREFORE, the Parties set forth the fundamental duties, obligations, and
responsibilities necessary for the City to maintain the facilities proposed by the CRFA Trail
within MDT right-of-way.
ARTICLE I. OBLIGATIONS OF THE CITY:
1. The Parties acknowledge the City has agreed to, and MDT has approved the general
design of the CRFA Trail including the CRFA Trail improvements within MDT right-
of-way. The documents are identified as Attachment B attached and made part of
this Agreement.
2. The City shall submit and receive approval from MDT’s Bozeman Area Office for a
traffic control plan prior to allowing work within MDT right-of-way.
3. The City shall schedule a preconstruction meeting with MDT’s Bozeman Area staff to
discuss construction-related activities and coordination prior to initiating any work
within MDT right-of-way. MDT’s Bozeman Area Maintenance staff must be notified,
and an approval received a minimum of four (4) calendar days before commencing
any construction and/or maintenance work within MDT right-of-way.
4. The City shall not install or allow others to install any fixture, building, structure,
improvement or other permanent installation other than those shown in
Attachment B within MDT right-or-way without prior approval from MDT.
5. The City, at its sole expense, will repair, or cause to be repaired, any damage to
North 7th Ave (P-118) right-of-way attributable to the City’s maintenance of the
CRFA Trail. The City will repair North 7th Ave (P-118) right-of-way to approved
standards determined by MDT. The City shall repair any damage identified by the
City within 60 calendars days of malfunction or damage. The City shall repair any
damage identified by MDT within 60 calendar days after notice by MDT.
6. The City will not perform any maintenance within MDT right-of-way that requires
lane closure or equipment without first obtaining written approval by MDT
District/Area maintenance staff.
7. The City shall complete the necessary environmental processes for modification to
the State highways and roadways and demonstrate that all, if any, environmental
issues associated with the CRFA Trail have been identified and mitigated. The City
will prepare and file any required environmental documents and apply for and
obtain any permits required by other governmental agencies at no expense to MDT
prior to maintenance taking place within MDT right-of-way.
105
Page | 3
8. The City will maintain any and all Montana Department of Fish, Wildlife and Parks
Agreements for the CRFA Trail location as necessary or applicable.
9. If the City fails to cure any and all deficiencies in its duties to perform or cause to be
performed, its maintenance obligations as required by this Agreement within 60
days after written notice from MDT, MDT may complete the required maintenance
and the City shall compensate MDT for its performance of said maintenance.
10. MDT may complete any maintenance required due to a public emergency without
prior notice to the City. The City shall reimburse MDT for said maintenance,
including Indirect Costs.
11. The City shall provide acceptable contract performance security for future
maintenance work if MDT District/Area Maintenance staff determines a security is
required. The security amount and term will be provided by MDT’s Bozeman Area
Maintenance Chief based on maintenance work scope and impact to MDT
facilities. The safety requirements will be based on the State of Montana
requirements for contract performance securities.
12. If the City upgrades the CRFA Trail to be used as a connector to other pedestrian
facilities, the CRFA Trail must be upgraded to shared-use path and present ADA
design requirements.
ARTICLE II. GENERAL OBLIGATIONS OF MDT
1. MDT, at MDT’s sole expense, will maintain the roadway, curbing, and bridge
structure on North 7th Ave (P-118) associated with the CRFA Trail in a satisfactory
condition.
2. MDT will review any proposed encroachments within the CRFA Trail area on MDT
right-of way for compliance with state and federal laws and rules. If an
encroachment is allowed within MDT right-of-way and the appropriate submissions
are made, MDT will issue the appropriate permits.
3. If the City does not fulfill its maintenance requirements as stated herein, MDT may
complete the required maintenance and seek compensation from the City for any
and all costs incurred. In doing so, MDT must first provide notice to the City
allowing 60 days to complete any such maintenance. If MDT performs such
maintenance under this section, it must provide detailed invoices of such costs to
the City.
106
Page | 4
4. MDT may complete any maintenance required due to public emergency and seek
compensation from the City for any and all costs incurred. In doing so, MDT may
first provide notice to the City, when possible, allowing time to complete any such
maintenance. If MDT performs maintenance under this section, it must provide
detailed invoices of such costs to the City.
5. MDT will notify the City and grant permission to initiate work within MDT right-of-
way on North 7th Ave (P-118) after execution and under the terms of this Agreement
as determined by MDT’s Bozeman Area Maintenance Chief.
6. MDT may assign staff to provide construction oversight during the CRFA Trail.
7. MDT’s Point of Contact for construction as well as fee assessment related issues for
this project is Ted Jones, Bozeman Area Maintenance Chief, tejones@mt.gov,
(406)556-4704.
ARTICLE III. PROJECT SPECIFIC PROVISIONS:
1. Construction Storm Water General Permit
a. The City will follow the DEQ and City Storm Water Pollution Prevention Plan
(SWPPP) requirements.
b. The City will pay annual fees associated with permit coverage until
termination.
2. Small Municipal Separate Storm Sewer System (MS4) Permit
a. MDT concludes, and the City agrees, the CRFA Trail work is designed in
compliance with applicable Small MS4 Permit requirements.
b. The City agrees to operate, monitor and maintain stormwater management
features in compliance with applicable MS4 requirements.
ARTICLE IV. PROJECT SPECIFIC FEATURES:
1. Recreational Non-Motorized Trail
a. Upon completion of the CRFA Trail, the City is responsible, at no cost to MDT,
to service, maintain, repair, and pay the cost of operating the recreational
non-motorized trail within MDT right-of-way, such that it does not negatively
impact the operation of the recreational non-motorized trail or the safety of
the traveling public. If all or part of the recreational non-motorized trail use
trail becomes unsafe for use, the City agrees to restrict access to the affected
area until the condition is remedied.
107
Page | 5
b. For the purposes of this Agreement, “maintenance of a recreational non-
motorized trail” is defined as: surface grading; replacing damaged portions of
the recreational non-motorized trail; removal of debris and other
obstructions or impediments to the safe travel of pedestrians and other trail
users; maintenance of all associated drainage features; maintenance of trail-
related signs; and any and all other normally accepted maintenance practices
and responsibilities.
ARTICLE V. GENERAL TERMS AND CONDITIONS:
1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10)
year term, this Agreement will renew automatically, for successive one (1) year
terms, unless superseded by a new agreement between the Parties.
2. Termination – This Agreement may be terminated by MDT if the City violated or
breaches any term, condition, or article of this Agreement and the City has failed to
correct (or reasonably initiate correction) within 60 days of receiving notice in
writing addressed to the City’s representative, or such violation or breach of any
term, condition, or article of the Agreement. If this Agreement is terminated, the
City shall remove the improvements and fully restore MDT right-of-way or abandon
the CRFA Trail improvements in place within 60 days. To the extent the City
abandons the CRFA Trail improvements in place, the improvements may, as solely
determined by MDT, become the property of MDT, without reimbursement. MDT
will maintain the property as it sees fit and may remove the improvements without
the City’s or landowner approval. MDT may seek compensation for maintenance or
removal of the improvements from the City.
3. Other Agreements – Other agreements pertaining to the CRFA Trail area remain in
full force and effect. In case of a conflict between this Agreement and a previously
executed agreement, the terms of this Agreement apply.
4. Hold Harmless & Indemnification
a. The City shall to protect, defend, indemnify, and hold MDT, its elected and
appointed officials, agents, and employees, while acting within their duties as
such, harmless from and against all claims, liabilities, demands, causes of
action, and judgments (including the cost of defense and reasonable attorney
fees) arising in favor of or asserted by the City’s employees or third parties
on account of personal or bodily injury, death or damage to property, arising
out of the actions or omissions of the City, its agents, contractors, or sub-
contractors, under this Agreement, except the negligence of MDT.
b. MDT agrees to protect, defend, indemnify, and hold the City, its elected and
appointed officials, agents, and employees while acting within their duties as
such, harmless from and against all claims, liabilities, demands, causes of
action, and judgements (including the cost of defense and reasonable
108
Page | 6
attorney fees) arising in favor of or asserted by MDT’s employees or third
parties on account of personal or bodily injury, death or damage to property,
arising out of the acts or omissions of MDT, its agents, or sub-contractors,
under this Agreement, except the negligence of the City.
5. Insurance
a. General Requirements: Each Party shall maintain for the duration of this
Agreement, at its own cost and expense, insurance against claims for injuries
to persons or damages to property that may arise from or in connection with
the performance of duties and obligations in this Agreement by each Party,
its agents, employees, representatives, assigns, or sub-contractors. This
insurance shall cover such claims as may be caused by any negligent act or
omission.
b. General Liability Insurance: Each Party shall purchase and maintain
occurrence coverage with combined single limits for bodily injury, personal
injury, and property damage of $1 million per occurrence and $2 million
aggregate per year to cover such claims as may be caused by or arising out of
any negligent acts or omissions in work or services performed under this
Agreement, or as established by statutory tort limits as provided under this
Agreement or as established by statutory tort limits as provided by a public
entity self-insurance program either individually or on a pool basis as
provided by Montana Code Annotated Title 2, Chapter 9.
c. General Provisions: All insurance coverage must be with a carrier licensed to
do business in the State of Montana or by a public entity self-insured
program either individually or on a pool basis. Each Party must notify the
other immediately of any material change in insurance coverage, such as
changes in limits, coverage, change in status of policy, etc. Each Party
reserves the right to request complete copies of the other Party’s insurance
policy or self-insured memorandum of coverage at any time.
d. Workers’ Compensation Insurance: The City must maintain workers’
compensation insurance and require its contractors and its contractor’s sub-
contractors to carry their own workers’ compensation coverage while
performing work within MDT right-of-way in accordance with Montana Code
Annotated §§ 39-71-401 and 39-71-405. Neither the City nor its contractors,
subcontractors, and employees are employees of MDT. This
insurance/exemption must be valid for the entire agreement period.
6. Public Safety
109
Page | 7
If any repairs to the elements of the CRFA Trail must be performed to address or
prevent a public hazard, the City will immediately protect the area from public
access, contact the appropriate MDT District Maintenance Office, and make
reasonable and timely effort to correct or repair the hazard.
7. Invoicing and Indirect Costs (IDC)
If MDT incurs any costs resulting from this Agreement, MDT shall be compensated
for such costs by the City and the City shall pay the same within thirty (30) days of
its receipt of such invoices.
Montana Code Annotated § 17-1-106, requires any state agency, including MDT,
which receives non-general funds to identify and recover its indirect costs (“IDC”).
These costs are in addition to direct project costs. MDT’s IDC rate is determined
annually as a percentage of the project’s direct costs to cover the CRFA Trail’s share
of MDT’s IDC as defined by 2 CFR § 200, Appendix VII. MDT’s current IDC rate is
11.32% for fiscal year 2025 (July 1, 2024, to June 30, 2025). If the work occurs or
extends into fiscal year 2022 or beyond the IDC rate will be charged at the rate
agreed to by MDT and FHWA at that time.
Invoice will be sent to:
City of Bozeman
Attn: Adam Oliver
PO Box 1230
Bozeman, MT 59771
Payments shall be made to:
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
PO Box 201001
Helena MT 59620-1001
8. Choice of Law and Venue – This Agreement shall be governed by the laws of
Montana. The Parties agree that any litigation concerning this Agreement must be
brought in the First Judicial District Court, in and for the County of Lewis and Clark,
State of Montana, and each Party shall pay its own costs and attorney fees except as
otherwise noted in this Agreement. In case of conflict between the terms and
conditions of this Agreement the laws of the State of Montana, the laws of the State
of Montana shall control.
110
Page | 8
9. Binding Effect – The benefits and obligations set forth in this Agreement shall be
binding upon, and inure to the benefit of, their respective successors, administrators
and assigns of the parties.
10. Relationship of Parties – Nothing contained in this Agreement shall be deemed or
construed (either by the parties hereto or by any third party) to create the
relationship of principal and agent or create any partnership joint venture or other
association between the Parties.
11. Non-Discrimination – The City will require that during the performance of any work
arising out of this Agreement the City, for itself, assignees, and successors shall
comply with all applicable non-discrimination regulation set forth in Attachment A
attached hereto and made a part of this Agreement.
12. ADA – Any construction resulting from this Agreement must include appropriate
pedestrian facilities that meet or exceed current MDT standards for accessibility as
set forth by the United States Department of Justice 2010 ADA Standards for
Accessible Design, United States Access Board Proposed Guidelines for Pedestrian
Facilities in the Public Right-or-Way, and MDT’s Detained Drawings, 608 series.
13. Audit – The Legislative Auditor and the Legislative Fiscal Analysts may, without
prior notice and during normal business hours, audit, at their own costs and
expense all records, reports, and other documents, the City maintains in connection
with this Agreement.
14. Access and Retention of Records – The City shall provide the State, Legislative
Auditor, or their authorized agents access to any records necessary to determine
compliance with this Agreement (Mont. Code Ann. §18-1-118). The City agrees to
create and retain records supporting this Agreement for a period of three years
after the completion date of this Agreement or the conclusion of any claim, litigation
or exception relating to this Agreement taken by the State of Montana or a third
party.
15. Highway Modifications – If MDT modifies or improves the highway or roadway
facilities impacted by the CRFA Trail, the City will modify, upon reasonable notice at
no expense to MDT, the CRFA Trail accordingly.
16. Revocation – This Agreement is revocable by MDT in the event that the CRFA Trail
facilities within the right-of-way cease to be used by the City for a period of one year
or are otherwise abandoned. Upon revocation or abandonment, the system facilities
must be removed in compliance with this Agreement.
111
Page | 9
17. Utilities – The right of any private or public utility entity now lawfully occupying the
right-of-way to continue to operate and maintain utility facilities supersedes any
right granted by this Agreement to the City. Copies of existing utility permits may
be obtained from MDT’s District Utility Agent.
18. Permission From Other Landowners/Entities - The Parties recognize MDT may not
own in fee simple the entire highway corridor upon which the CRFA Trail is
situated. Portions of MDT’s highway may be situated upon lands owned by entities
such as the United States Forest Service, Bureau of Land Management, Railroads,
Indian Tribal Lands, or others by permit or easement. It is the City’s responsibility to
determine if any other permits are necessary and obtain them from the other
entities and if requested, provide them to MDT prior to commencement of any
construction work. If, at any time after the CRFA Trail is installed, the City is
required to remove the CRFA Trail on portions of the MDT roadway right-of-way
because they do not have authority to locate therein from the underlying
landowner, all removal costs shall be at the City’s sole expense. If any permits are
required from local governments or authorities whose highways cross over or
under MDT's highway right-of-way, the City is responsible for determining
ownership and obtaining necessary permits even though the City’s facility is
technically within MDT's Highway right-of-way.
19. Amendment and Modification – This Agreement may be modified or amended only
by written addendum signed by the Parties. In addition to the terms and conditions
contained herein, the provisions of any addendum may be incorporated and made a
part hereof by this reference in the terms of the amendment so provided. In the
event of any conflict between the terms and conditions hereof and the provisions of
any addendum, the provision of the addendum shall control, unless the provisions
thereof are prohibited by law.
20. Representatives
a. The City’s Representative: The City’s Representative for this Agreement shall
be the City Mayor, City Manager or designee or such individual as the City
shall designate in writing. Whenever approval or authorization form or
communication or submission to the 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 the City’s
Representative is not available, MDT may direct its communication or
submission to other designated City personnel or agents.
b. MDT’s Representative: MDT’s Representative for this Agreement shall be the
District Administrator or Maintenance Chief or such other individual as MDT
shall designate in writing. Whenever direction to or communication with
112
Page | 10
MDT is required by this Agreement, such direction or communication shall
be directed to MDT’s Representative; provided, however, that the exigent
circumstances when MDT’s Representative is not available, the City may
direct its directions or communication or submission to other designated
MDT personnel or agents.
21. Counterpart Execution – This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together
shall constitute one and the same Agreement. The counterparts of this Agreement
may be executed and delivered by facsimile or other electronic signature by any of
the Parties to any other party and the receiving party may rely on the receipt of such
document so executed and delivered by facsimile or other electronic means as if the
original had been received.
113
Page | 11
IN WITNESS WHEREOF, MDT’s authorized representative has hereunto signed on behalf of
MDT, and the City Manager of the City of Bozeman, on behalf of the City, has signed and
affixed hereto the seal of the City.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
By ______________________________________________ ______________________, 2023
Montana Department of Transportation
________________________________
Approved for Legal Content
________________________________
Approved for Civil Rights
CITY OF BOZEMAN
By __________________________________________________ _______________________, 2023
Chuck Winn, Interim City Manager
ATTEST: APPROVED AS TO FORM AND CONTENT:
________________________________
Mike Maas, City Clerk
_________________________________
Greg Sullivan, City Attorney
(SEAL)
114
ATTACHMENT A
MDT Nondiscrimination and Disability Accommodation Notice
115
Page 1 of 4
Rev. 01/2022
MDT NONDISCRIMINATION AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and
Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter
“protected classes”) by its employees or anyone with whom MDT does business:
Federal protected classes State protected classes
Race, color, national origin,
sex, sexual orientation, gender identity,
age, disability, income-level & Limited
English Proficiency
Race, color, national origin, parental/marital status,
pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth, religion/creed, social origin or
condition, genetic information, sex, sexual orientation,
gender identification or expression, ancestry, age,
disability mental or physical, political or religious
affiliations or ideas, military service or veteran status,
vaccination status or possession of immunity passport
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all
Acts and Regulations of the United States and the State of Montana relative to Non-
Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes in the
selection and retention of subcontractors, including procurements of materials and
leases of equipment, employment, and all other activities being performed under this
contract/agreement.
b. The PARTY will provide notice to its employees and the members of the public that it
serves that will include the following:
i. A statement that the PARTY does not discriminate on the grounds of any
protected classes.
ii. A statement that the PARTY will provide employees and members of the public
that it serves with reasonable accommodations for any known disability, upon
request, pursuant to the Americans with Disabilities Act as Amended (ADA).
iii. Contact information for the PARTY’s representative tasked with handling non-
discrimination complaints and providing reasonable accommodations under the
ADA.
iv. Information on how to request information in alternative accessible formats.
116
Page 2 of 4
Rev. 01/2022
c. In accordance with Mont. Code Ann. § 49-3-207, the PARTY will include a provision, in all
of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of
merit and qualifications and that the PARTY does not discriminate on the grounds of any
protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the
PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services. The list of all currently certified DBE firms is located on the MDT
website at mdt.mt.gov/business/contracting/civil/dbe.shtml
b. By signing this agreement, the PARTY assures MDT that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy as the recipient deems appropriate.
c. The PARTY must include the above assurance in each contract/agreement the PARTY
enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be
performed under a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation
under this contract/agreement and all Acts and Regulations of the United States and the State of
Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the
Acts, Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by MDT or
relevant US DOT Administration to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the PARTY will so certify to
MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination
provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY
complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
117
Page 3 of 4
Rev. 01/2022
(7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement,
the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following
non-discrimination statutes and authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
- Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the Federal-aid recipients,
sub-recipients, and contractors, whether such programs or activities are Federally funded or
not);
- Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
- The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
118
Page 4 of 4
Rev. 01/2022
- Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.).
- Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of
gender identity and in hiring by federal contractors on the basis of both sexual orientation and
gender identity.
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through
seven in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The
PARTY will take action with respect to any subcontract or procurement as MDT or the relevant
US DOT Administration may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT
to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request
the United States to enter into the litigation to protect the interests of the United States.
119
ATTACHMENT B
Cherry River Fishing Access Trail (CRFA Trail) Non-Motorized Recreational
Trail Location
120
CITY OF BOZEMAN - MANLEY DITCH
WWW.DOWL.COM MDT RIGHTS-OF-WAY EXHIBIT A
LEDGEND NORTH 7TH STREETFWP CHERRY CREEK
FISHING ACCESS
121
Memorandum
REPORT TO:City Commission
FROM:Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign an Updated Funding Agreement with the
Montana Department of Transportation for the Kagy Boulevard
Reconstruction Project
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to Sign an Updated Funding Agreement with the
Montana Department of Transportation for the Kagy Boulevard
Reconstruction Project.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The city of Bozeman (City) and Montana Department of Transportation
(MDT) are currently working to deliver the reconstruction of Kagy Boulevard
from S 19th Ave to Willson Ave following the 2014 decision by Bozeman City
Commission that identified Kagy as the City's priority project for Urban Route
(also referred to as STPU) funding.
As a required component of project development, a funding agreement must
be made between the two parties and updated as funding sources and
amounts are revised. The project currently is governed by a funding
agreement dated May 9, 2018.
Upon the City being awarded approximately $24 million in Federal grants
through the Multimodal Project Discretionary Grant program in 2024, a
revised funding agreement is required to be completed in order for the
project to move forward. This revised funding agreement has reduced the
city's maximum additional local contribution to $3 million, to be paid from
Street Impact Fees for the purposes of expansionary transportation
infrastructure capacity, and greatly reduced the city's Urban Route funding
requirement for the project. This agreement proposes an order of operations
for funds to be expended such that full Federal grant, followed minimum
share of Urban Route with State match, maximum City Impact Fee
allocation, and finally any additional Urban Route funding available in the
City's reserves will be used to complete the project.
The project's final scope of work approved by Bozeman City Commission
122
through Resolution 5526 on August 15, 2023 is currently estimated to cost
$31,675,509 and has a maximum funding capacity of $46,654,133, if
approved through this revised funding agreement.
The City Commission will have the opportunity to reallocate unused Urban
Route funding to its next priority project once the Kagy project has been
awarded to the lowest responsible bidder and final project costs are known.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:This agreement commits a maximum additional City contribution of $3
million to be paid from Street Impact Fees in Fiscal Year 2026.
Attachments:
MEMO Kagy BLVD 2025
FINAL_KagyBlvd_FundingAgreement.pdf
Report compiled on: October 9, 2024
123
2701 Prospect ▪ PO Box 201001
Helena MT 59620-1001
Christopher Dorrington, Director
Memorandum
To: Katy Callon, Fiscal Programming
From: Kenn Winegar, Statewide & Urban Planning
Date: September 25, 2024
Subject: UPN 8931 Kagy BLVD – Funding Memo
All phases of this project will be funded with STPU, MPDG and $4,000,000 in local funds.
Project has an estimated let date in 2026. STPU is capped at $18,364,511 with maximum
borrow included. Any project modifications will need to be discussed with Statewide & Urban
Planning.
Funding will be obligated in the following order:
$1,000,000 Local Funds (already provided)
$24,289,622 MPDG Grant Award
$5,350,000 STPU (includes Federal and State matching funds)
$3,000,000 Local Funds (to be provided as needed)
$13,014,511 STPU (remaining balance, includes max borrow)
Current PROJECT cost estimate for all phases is $31,675,509.
copies:
Funding Local State Federal Total Caps
LOCAL 1,000,000$ 1,000,000$ 1,000,000$
MPDG 24,289,622$ 24,289,622$ 24,289,622$
STPU 71,797$ 4,632,030$ 5,350,000$ 5,350,000$
LOCAL 1,035,887$ 1,035,887$ 3,000,000$
STPU+Borrow 13,014,511$
Totals 2,035,887$ 71,797$ 28,921,652$ 31,675,509$ 46,654,133$
Already
Costs Local State Federal Total Obligated Remaining
PE 1,000,000$ 572,497$ 3,693,503$ 5,266,000$ 5,266,000$ -$
RW 81,325$ 2,485,675$ 2,550,429$ -$ 2,550,429$
IC 174,134$ 1,123,435$ 1,297,569$ -$ 1,297,569$
CE/CN 29,844$ 22,521,156$ 22,561,511$ -$ 22,561,511$
Totals 1,000,000$ 857,800$ 29,823,769$ 31,675,509$ 5,266,000$ 26,409,509$
Costs include IDC and inflation
Note: Please update STIP and PPMS as required
KAGY BLVD - S 19TH TO WILLSON, UPN 8931
Robert Stapley, Rail, Transit & Planning Division Administrator
Mitch Buthod, Supervisor Statewide & Urban
Brandon Jones, Butte District Preconstruction Engineer
Paul Johnson, Project Analysis Manager
Ben Rickman, Project Manager
Project file
124
October ___, 2024
AGREEMENT BETWEEN
THE CITY OF BOZEMAN AND THE MONTANA DEPARTMENT OF TRANSPORTATION
FOR THE PLANNING AND CONSTRUCTION OF KAGY BOULEVARD
This Agreement (Agreement) by and between City of Bozeman (CITY), PO Box 1230,
Bozeman, MT 59771, and the Montana Department of Transportation (MDT), PO Box 201001,
Helena, MT 59620-1001, together referred to as “the PARTIES,” establishes the roles,
responsibilities, and commitments relative to the planning, costs, and administration
responsibilities necessary for the reconstruction of Kagy Boulevard from South 19th Avenue to
Willson Avenue within the Bozeman Urban Area. This Agreement supersedes a previous
funding agreement dated May 9, 2018.
The Kagy Boulevard Reconstruction Project (PROJECT) is located in the CITY on Kagy
Boulevard (U-1212) from the junction with South 19th Avenue (U-1201) to the junction with
Willson Avenue (U-1209). The PROJECT will reconstruct Kagy Boulevard, including two
median‐separated travel lanes in each direction, turning lanes, a separated 10‐ft‐wide shared
use path, landscaping and street lighting, roundabouts, pedestrian grade separated crossings,
and signal modifications.
WHEREAS, MDT is responsible for assuring that the planning, design, approvals and
environmental clearances, construction, and maintenance of state and federally-designated
highway system facilities provide for the benefit of the traveling public in a safe and efficient
manner in accordance with Title 23 United States Code (U.S.C.) and related federal regulation
and guidance and Title 60 Montana Code Annotated (MCA); and
WHEREAS, MDT has a commitment to Vision Zero, and the PROJECT will follow the principles
laid out by Vision Zero; and
WHEREAS, in partnership with MDT, the CITY applied for, and was selected to receive, a U.S.
Department of Transportation (US DOT) FFY 2023 Multimodal Project Discretionary Grant
(MPDG) Rural grant in the amount of $24,289,622 to complete the PROJECT financial package;
and
WHEREAS, the CITY and MDT will actively participate in PROJECT design and development
and ensure that the PROJECT meets the minimum scope as defined in the MPDG Rural grant
application; and
WHEREAS, the CITY will actively participate in PROJECT design and development and ensure
that it meets the safety and accessibility needs of all users; and
WHEREAS, the CITY agrees to be responsible for items identified in this AGREEMENT and be
responsible for preparing the financial package for the PROJECT; and
WHEREAS, the CITY agrees and understands that the PROJECT will not be programmed for
the construction phase until a financial package for all improvements, including contingencies
and overruns, is in place to MDT’s satisfaction; and
125
WHEREAS, the CITY agrees this PROJECT is and will remain a funding priority for the CITY’s
Urban Highway Program until constructed; and
WHEREAS, in October 2020, the CITY and MDT executed a “CITY-MAINTAINED URBAN
HIGHWAY SYSTEM ROUTES CITYWIDE MEMORANDUM OF AGREEMENT” setting forth
responsibilities and duties of the CITY and MDT associated with the CITY’s performance of
construction and maintenance of roadway and right-of-way features on Urban Highway System
routes designated by the Montana Transportation Commission not maintained by MDT,
including Kagy Boulevard; and
WHEREAS, the CITY and MDT agree that the previous PROJECT agreement “UPN 8931 Kagy
Boulevard-S. 19th Ave to Willson Ave memorandum of understanding (MOU)” entered into May
9, 2018 will be superseded by this AGREEMENT; and
WHEREAS, the current estimated cost for all phases of the PROJECT is approximately
$31,690,0001 including indirect costs (IDC); and
WHEREAS, the CITY has contributed $1,000,000 to MDT for completion of the PROJECT’s
preliminary engineering activities and will contribute additional funds for completion of the
PROJECT; and
WHEREAS, funding sources for this PROJECT include Surface Transportation Block Grant
Program – Urban (STPU), MPDG Rural, State matching funds for STPU funds, and CITY funds;
and
WHEREAS, the CITY has transferred the awarded MPDG Rural grant to MDT to administer as
part of the overall PROJECT financial package; and
WHEREAS, the awarded FFY 2023 MPDG Rural grant has federal obligation and expenditure
deadlines of September 30, 2026 and September 30, 2031, respectively, and responsibilities for
meeting these deadlines are borne by the PARTIES; and
WHEREAS, it is mutually agreed upon that a cooperative assigning of duties and
responsibilities of the PARTIES is essential to the overall development of this PROJECT; and
NOW THEREFORE, the signatory PARTIES set forth below the fundamental duties and
responsibilities necessary for this PROJECT.
I. PROJECT DEVELOPMENT
A. MDT:
1. Will develop and let the PROJECT for construction, including consultant
management, administration, engineering analysis, surveying, design, public
involvement, environmental documentation, clearances, plans preparation,
acquisition of all appropriate permits, and the provisions of other services required to
complete the preconstruction phase, right-of-way acquisition, and utility relocations in
preparation to let and to construct the PROJECT.
2. Will ensure all design will be in accordance with MDT's Project Development
Procedures and Design Manuals and, where applicable, current MDT and American
1 Preliminary cost estimate; includes all PROJECT phases, inflation, and IDC.
126
Association of State Highway and Transportation Officials (AASHTO) urban design
guidance.
3. Will work collaboratively with CITY towards meeting local priorities during PROJECT
development activities.
B. CITY:
1. Will act as the PROJECT sponsor and will provide appropriate and timely input
during PROJECT development. The CITY will issue local permits for applicable
construction activities.
2. Will be responsible for obtaining all necessary PROJECT approvals from local
officials.
3. Acknowledges that PROJECT design decisions and changes have the potential to
impact PROJECT schedule and funding.
4. Will participate and support MDT in public forums and present in collaboration with
the consultant and MDT regarding design specific details and PROJECT elements.
C. All PARTIES:
1. Will ensure the appropriate delivery method, which is mutually beneficial to meet
deadlines for all deliverables, is chosen for the PROJECT.
2. Will be responsible for meeting scope, schedule, and budget requirements and
deadlines associated with the MPDG Rural grant award, as outlined in US DOT’s FY
2023-2024 MPDG Notice of Funding Opportunity.
3. Will meet the awarded FY 2023 MPDG Rural grant federal obligation and
expenditure deadlines of September 30, 2026 and September 30, 2031, respectively.
II. FUNDING
A. MDT:
1. Will invoice the CITY for costs in excess of available federal funding or elements that
are not federal-aid eligible prior to programming.
2. Will utilize available Bozeman Urban Area STPU funding to complete the PROJECT
financial package.
B. CITY:
1. Acknowledges responsibility for all costs associated with the PROJECT in excess of
available STPU and MPDG Rural funds, for 100 percent of non-federal aid eligible
costs, and payback of state and federal funds expended on the PROJECT if
required.
2. Will provide any necessary local or non-federal match funds and associated indirect
costs to MDT within thirty (30) days of billing. MDT will not submit programming
requests to Federal Highway Administration (FHWA) for individual PROJECT phases
until the required matching funds and funds for costs in excess of available federal
funds, if any, have been transferred to MDT.
3. Acknowledges that if the CITY terminates PROJECT development at any time, or
takes actions that adversely impact MDT’s ability to meet grant deadlines, the CITY
will reimburse MDT for any and all costs incurred by MDT, including any required
payback of federal funds already expended on the PROJECT, up to the date of the
stoppage.
4. Will develop a comprehensive financial package for the PROJECT, subject to MDT
review and approval. The financial package must address sources of funds in the
event of unanticipated cost overruns. This financial package, as found in Section
II(C)(3), must be approved before MDT will request programming for the construction
phase of the PROJECT.
5. Will work cooperatively with MDT to develop the PROJECT within available funding
constraints.
127
6. If the CITY takes, or fails to take action that causes PROJECT delays that result in
loss of MPDG Rural funds, the CITY is responsible for payback of all associated
costs.
C. All PARTIES:
1. Mont. Code Ann. Section 17-1-106 requires any state agency, including MDT, which
receives non-general funds to identify and recover its IDC. These costs are in
addition to direct PROJECT costs. MDT’s IDC rate is determined annually as a
percentage of the PROJECT’s direct costs to cover the PROJECT’s share of MDT’s
IDC as defined by 2 CFR Part 200, Appendix VII. MDT’s current IDC rate is 11.32%
for fiscal year 2025 (July 1, 2024 to June 30, 2025). For this PROJECT, MDT’s
invoices to the CITY will include a charge for the IDC at the then current fiscal year
IDC rate. This amount will be applied toward the total PROJECT contribution of the
CITY. If this PROJECT extends across more than one fiscal year, more than one
IDC annual rate will be involved, as the rates may change during the life of the
PROJECT.
2. Current PROJECT cost estimate for all phases is $31,690,0002, including IDC and
inflation.
3. Currently identified funding sources making up the PROJECT financial package,
subject to IDC recovery rates, for the PROJECT include:
CITY Funding3: $4,000,000
STPU Federal Share Funds FFY 20264: $10,871,000
STPU State Matching Funds FFY 2026: $1,685,000
MPDG Rural Grant Funding: $24,289,622
Total Available Funding: $40,845,622
4. PROJECT estimates will be updated at PROJECT milestones or as more refined
estimates become available until PROJECT closeout. The PARTIES will meet
regularly during the PROJECT development process and during each phase to
exchange PROJECT information, ensure PROJECT and funding are tracking
together, and identify any outstanding issues.
5. PROJECT design details and changes have potential to impact PROJECT schedule
and funding. PROJECT cost increases above available funding will delay PROJECT
delivery timeframes until a complete financial package has been secured.
6. The awarded FFY 2023 MPDG Rural grant has federal obligation and expenditure
deadlines of September 30, 2026 and September 30, 2031, respectively.
Responsibilities for meeting these deadlines are borne by all PARTIES.
2 Includes all phases, inflation, and IDC. Estimate includes permitting, survey activities, IC, and RW.
3 The CITY has previously been charged, and MDT has received, $1,000,000 prior to the execution of this
agreement, for completion of PROJECT preliminary engineering activities. An additional $3,000,000 in
CITY funding will be charged for completion of the PROJECT.
4 Estimated Annual Allocations are subject to MDT Transportation Commission approval. Funding
Projections are based on best available information and are subject to change given current funding
uncertainties and unknown impacts of future congressional or other federal and state actions. STPU
funds availability is dependent on the delivery year of the PROJECT.
128
III. RIGHT-OF-WAY ACQUISITION
A. MDT:
1. Will request federal authorization to proceed with right-of-way acquisitions.
2. Will follow standard procedures to appraise, acquire and certify that all rights-of-way
donated or purchased for this PROJECT was acquired in accordance with all
applicable federal and state laws and regulations required for federally funded
projects such as 49 CFR Part 24, Uniform Relocation Assistance and Real Property
Acquisition Regulation for Federally Assisted Programs, and the guidelines and
procedures contained in MDT’s Right of Way Manual.
3. Acknowledges that any right-of-way donated toward the PROJECT will reduce the
overall PROJECT costs and be considered as participation in the PROJECT financial
package, subject to limitations of federal/state match requirements, the right of way
requirements of the PROJECT, and subject to FHWA approval.
B. CITY:
1. Acknowledges that, according to federal regulations, if right-of-way is donated to the
PROJECT, the value of the right-of-way can only be credited after notification from
MDT that FHWA authorization to proceed with right-of-way acquisition has been
issued and is subject to the following provisions:
a. Any right-of-way acquired or donated for the PROJECT must be procured in
accordance with 49 CFR Part 24, Uniform Relocation Assistance and Real
Property Acquisition Regulations for Federally Assisted Programs, and the
guidelines and procedures contained in MDT’s Right of Way Manual. Donated
right-of-way for the PROJECT as an in-kind contribution can be used to reduce
the overall PROJECT costs, not to match federal funds. Donated right-of-way will
be valued by MDT as consistent with state and federal requirements.
C. All PARTIES:
1. Valuation of CITY’s right-of-way acquired for the PROJECT will be determined by a
qualified appraiser per MDT’s discretion.
IV. CONTRACT AWARD ADMINISTRATION
A. MDT:
1. Will provide a detailed breakdown of all estimated PROJECT costs and invoice the
CITY accordingly for local contributions as necessary to complete the financial
package and invoice the CITY in advance for construction of the PROJECT no more
than sixty (60) days before bid opening.
2. Once a complete financial package is in place, will bid, award, and administer the
construction contract for the PROJECT in accordance with MDT procedures,
including obtaining concurrence of award from FHWA.
3. Will not award the PROJECT contract without the CITY’s concurrence if the bid price
exceeds the available funds or exceeds MDT’s Project Award Guidelines.
B. CITY:
1. Will submit payment for its portion of PROJECT cost based on the MDT engineer’s
estimate for the construction and construction engineering costs to the MDT within
thirty (30) days of billing.
2. If the federal government requires a reimbursement or return of any federal funds
because the PROJECT does not advance due to CITY’s failure to make any
scheduled payment, the CITY agrees that it will reimburse MDT for those federal
funds within thirty (30) days of billing.
3. If at bid opening the CITY concurs in cost increases greater than MDT’s Project
Award Guidelines, the CITY will pay the increased costs in excess of available STPU
and MPDG Rural funds within thirty (30) days of MDT’s billing.
129
4. If at bid opening the CITY does not concur in cost increases greater than 10 percent
of MDT’s estimate, MDT will not award the PROJECT.
5. Payments to this PROJECT will be coordinated through MDT’s Administration
Division and will be provided to MDT staff in the form of a check to be deposited and
credited to this PROJECT. The check must be made payable to the “Montana
Department of Transportation” and sent to:
Montana Department of Transportation
Attention: Collections
P.O. Box 201001
Helena, MT 59620-1001
The contact for billing and accounting questions for the MDT will be:
Heidi Iha
Special Project Accountant
hiha@mt.gov
406-444-4210
P.O. Box 201001
Helena, MT 59620-1001
The contact for billing and accounting questions for the CITY will be:
Laurae Clark
Treasurer, City of Bozeman
406-582-2326
121 N. Rouse Avenue
PO Box 1230
Bozeman, MT 59715
C. All PARTIES
1. Understand that it is possible that the PROJECT estimate may be exceeded once
construction has begun. MDT will inform the CITY as early as possible of anything
that appears that will result in a cost increase in excess of available STPU and
MPDG Rural funds and will discuss the need for any possible change order with the
CITY. 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 MDT.
2. Understand the CITY’s portion of the cost of any change order will be invoiced as
early as readily determined and will be due and payable by the CITY within thirty (30)
days of the statement.
3. Within six (6) months after the PROJECT has been accepted with the final costs
submitted, MDT will submit a final statement to the CITY. The final statement will be
in the form of an invoice and provide details of any expenses that may be identified
as “miscellaneous”, billing the CITY for cost overruns, or it will be a check, for
overpayment by the CITY. The CITY must submit payment to MDT within thirty (30)
days of billing. If payment is not made within that thirty (30) day period, interest on
the unpaid amount will accrue at the rate of 10 percent per year and continue to
accrue until paid in full. If the CITY is invoiced 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.
130
V. PROJECT CONSTRUCTION PHASE
A. MDT:
1. Will request programming of STPU and MPDG Rural funds and program local funds
as necessary to complete the financial package for the construction phase of the
PROJECT.
B. CITY:
1. Acknowledges the financial package must demonstrate that all components of the
PROJECT will be completed.
2. Acknowledges that FHWA construction phase approval is contingent on an
acceptable and comprehensive financial package for the completed PROJECT.
3. Acknowledges that the value of quantifiable materials and other MDT and FHWA
approved in-kind contributions may also be credited to reduce overall PROJECT
costs if all specifications are met and the transfer of ownership is accomplished after
the PROJECT is programmed. No other contributions or services will be credited.
C. All PARTIES
1. Understand that MDT’s funding contribution is contingent on the conditions described
herein and therefore the PROJECT will not be programmed for the construction
phase until:
a. a financial package for the PROJECT through construction, including
contingencies and overruns, is in place to MDT’s satisfaction; and
b. all approvals, clearances and permits are obtained.
VI. MPDG RURAL GRANT REPORTING
A. MDT
1. Will be responsible for all required MPDG Rural progress reporting on grant
activities. This includes submitting the Federal Financial Report (SF-425) on the
financial condition of the PROJECT and the PROJECT’s progress, as well as an
Annual Budget Review and Program Plan to monitor the use of federal funds and
ensure accountability and financial transparency in the MPDG Rural opportunity.
2. Will be responsible for any program evaluations required as a condition of MPDG
Rural grant award, if requested by US DOT, another agency, or partner.
B. CITY
1. Will assist MDT in meeting MPDG Rural grant performance goals by providing any
data requested by MDT pertinent for the collection and submission of required
MPDG Rural grant reporting.
VII. GENERAL TERMS AND CONDITIONS
A. Term
1. This agreement shall remain in effect until the PROJECT is completed, superseded
by a new agreement between the PARTIES, or terminated.
B. Termination
1. This Agreement may be terminated by MDT if the City has violated or breached any
term, condition or article of this Agreement and the City has failed to correct the
same within 60 days of receiving notice in writing addressed to the City at the
addresses shown above, from MDT of such violation or breach of any term condition
or article of this Agreement. If the City provides notice to MDT that it has, in good
faith, begun to fulfill maintenance requirements, MDT will allow for the timely
completion of the requirements, even though it may exceed 60 days. If this
131
Agreement is terminated, the improvements become the property of MDT, without
reimbursement. MDT will maintain the Project as it sees fit and may remove it
without City approval. MDT may seek compensation for maintenance or removal of
the PROJECT from the City.
C. Other Agreements
1. Other agreements pertaining to the PROJECT area remain in full force and effect. In
the case of a conflict between this agreement and a previously executed agreement,
the terms of this agreement apply.
D. Hold Harmless & Indemnification
1. The CITY agrees to protect, defend, indemnify, and hold MDT, its elected and
appointed officials, agents, and employees, while acting within their duties as such,
harmless from and against all claims, liabilities, demands, causes of action, and
judgments ( including the cost of defense and reasonable attorney fees) arising in
favor of or asserted by the CITY’s employees or third parties on account of personal
or bodily injury, death or damage to property, arising out of the acts or omissions of
the CITY, its agents, or sub-contractors, under this agreement, except the sole
negligence of MDT.
2. The State and MDT agree to protect, defend, indemnify, and hold the CITY, its
elected and appointed officials, agents, and employees, while acting within their
duties as such, harmless from and against all claims, liabilities, demands, causes of
action, and judgments (including the cost of defense and reasonable attorney fees)
arising in favor of or asserted by the MDT’s employees or third parties on account of
personal or bodily injury, death or damage to property, arising out of the acts or
omissions of MDT, its agents, or sub-contractors, under this agreement, except the
sole negligence of the CITY.
E. Insurance
1. General Requirements: Each party shall maintain for the duration of this agreement,
at its own cost and expense, insurance against claims for injuries to persons or
damages to property that may arise from or in connection with the performance of
the duties and obligations in this agreement by each party, its agents, employees,
representatives, assigns, or sub-contractors. This insurance shall cover such claims
as may be caused by any negligent act or omission.
a. The CITY is a member of the Montana Municipal Interlocal Authority’s (MMIA)
Liability Program. The CITY will maintain for the duration of the Agreement, at its
own cost and expense, liability coverage against claims for injuries to persons or
damages to property which may arise from or in connection with, any act or
omission by the CITY and its agents, employees, representative, assigns or
subcontractors during construction of the PROJECT improvements.
2. General Liability Insurance: Each party shall purchase and maintain occurrence
coverage with combined single limits for bodily injury, personal injury, and property
damage of $1 million per occurrence and $2 million aggregate per year to cover such
claims as may be caused by or arising out of any negligent acts or omissions in work
or services performed under this agreement, or as established by statutory tort limits
as provided by a public entity self-insurance program either individually or on a pool
basis as provided by Mont. Code Ann. Title 2, Chapter 9.
3. General Provisions: All insurance coverage must be with a carrier licensed to do
business in the State of Montana or by a public entity self-insured program either
individually or on a pool basis. Each party must notify the other immediately of any
material change in insurance coverage, such as changes in limits, coverage, change
132
in status of policy, etc. Each party reserves the right to request complete copies of
the other party’s insurance policy or self-insured memorandum of coverage at any
time.
4. Workers’ Compensation Insurance: The CITY provides its employees workers
compensation coverage through MMIA. The CITY must maintain workers’
compensation insurance and require its contractors and its contractor’s sub-
contractors to carry their own workers compensation coverage while performing work
within MDT right-of-way in accordance with Mont. Code Ann. §§39-71-401 and 39-
71-405. Neither the contractor nor its employees are employees of MDT. This
insurance/exemption must be valid for the entire agreement period.
F. Public Safety
1. It is agreed, if any repairs to the elements of the PROJECT must be performed to
address or prevent a public hazard, the CITY will immediately protect the area from
public access, contact the appropriate MDT District Maintenance Office, and make
reasonable and timely effort to correct or repair the hazard.
G. Invoicing and Indirect Cost (IDC)
1. If MDT incurs any costs resulting from this agreement, MDT shall be entitled to be
compensated for such costs by the CITY and the CITY shall pay the same within
thirty (30) days of its receipt of such invoices.
2. Mont. Code Ann. §17-1-106, requires any state agency, including MDT, which
receives non-general funds to identify and recover its indirect costs (IDC). These
costs are in addition to direct PROJECT costs. MDT’s IDC rate is determined
annually as a percentage of the PROJECT’s direct costs to cover the PROJECT’s
share of MDT’s IDC as defined by 2 CFR Part 200, Appendix VII. MDT’s current IDC
rate is 11.32% for fiscal year 2025 (July 1, 2024 to June 30, 2025). If the work occurs
or extends into fiscal year 2025 or beyond the IDC rate will be charged at the then
current rate agreed to by MDT and the Federal Highway Administration (FHWA).
a. Invoices will be sent to:
Laurae Clark
Treasurer, City of Bozeman
406-582-2326
121 N. Rouse Avenue
PO Box 1230
Bozeman, MT 59715
b. Payments shall be made to:
Montana Department of Transportation Attention: Collections
2701 Prospect Avenue
PO Box 201001
Helena, MT 59620-1001
H. Choice of Law and Venue
1. This agreement shall be governed by the laws of Montana. The PARTIES agree that
any litigation concerning this agreement must be brought in the First Judicial District
Court, in and for the County of Lewis and Clark, State of Montana, and each party
shall pay its own costs and attorney fees except as otherwise noted in this
agreement.
I. Binding Effect
133
1. The benefits and obligations set forth in this agreement shall be binding upon, and
inure to the benefit of, their respective successors, administrators and assigns of the
PARTIES.
J. Relationship of PARTIES
1. Nothing contained in this agreement shall be deemed or construed (either by the
PARTIES hereto or by any third party) to create the relationship of principal and
agent or create any partnership joint venture or other association between the
PARTIES.
K. Non-Discrimination
1. The CITY will require that during the performance of any work arising out of this
agreement the CITY, for itself, assignees, and successors shall comply with all
applicable non-discrimination laws and regulations set forth in Attachment “A”
attached hereto and made part of this agreement.
L. Americans with Disabilities Act (ADA)
1. MDT requires that any construction or maintenance resulting from this agreement
must include appropriate pedestrian facilities that meet or exceed current MDT
standards for accessibility as set forth by the United States Department of Justice
2010 ADA Standards for Accessible Design, United States Access Board
Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, and
MDT’s Detailed Drawings, 608 series.
M. Audit
1. The CITY grants to the Legislative Auditor and the Legislative Fiscal Analysts the
right, without prior notice and during normal business hours, to audit, at their own
costs and expense, all records, reports, and other documents, the CITY maintains in
connection with this agreement.
N. Utilities
1. This agreement is subject to the right of any private or public utility entity now lawfully
occupying the right-of-way to continue to operate and maintain utility facilities
thereupon.
O. Amendment and Modification
1. This agreement may be modified or amended only by written Amendment signed by
the PARTIES. In addition to the terms and conditions contained herein, the
provisions of any Amendment may be incorporated and made a part hereof by this
reference in the terms of the amendment so provided. In the event of any conflict
between the terms and conditions hereof and the provisions of any Amendment, the
provision of the Amendment shall control, unless the provisions thereof are
prohibited by law.
P. Representatives
1. CITY’s Representative: The CITY’s Representative for this agreement shall be the
CITY Manager or designee 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, MDT may direct its
communication or submission to other designated CITY personnel or agents.
2. MDT’s Representative: The MDT Representative for this agreement shall be the
District Administrator or such other individual as MDT shall designate in writing.
Whenever direction to or communication with MDT is required by this agreement,
such direction or communication shall be directed to MDT’s Representative;
provided, however, that in exigent circumstances when MDT’s Representative is not
134
available, CITY may direct its direction or communication or submission to other
designated MDT personnel or agents.
Q. Counterpart Execution
1. This agreement may be executed in two or more counterparts, each of which shall
be deemed an original but all of which together shall constitute one and the same
agreement. The counterparts of this agreement may be executed and delivered by
facsimile or other electronic signature by any of the PARTIES to any other party and
the receiving party may rely on the receipt of such document so executed and
delivered by facsimile or other electronic means as if the original had been received.
135
IN WITNESS WHEREOF, the PARTIES hereto have affixed their hands and seals the day and
year first above written.
APPROVED FOR CITY OF BOZEMAN
By: ____________________________________________________
Bozeman City Manager
ATTEST
By: ____________________________________________________
Bozeman City Clerk
APPROVED AS TO FORM & CONTENT
By: ____________________________________________________
Bozeman City Attorney
APPROVED FOR MONTANA DEPARTMENT OF TRANSPORTATION
By: ____________________________________________________
MDT Rail, Transit, and Planning Division Administrator
Approved for Legal Content:
By: ____________________________________________________
MDT Legal Counsel
Approved for Civil Rights Content:
By: ____________________________________________________
MDT Office of Civil Rights
136
ATTACHMENT A
MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE
137
Page 1 of 4
Rev. 01/2022
MDT NONDISCRIMINATION AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and
Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter
“protected classes”) by its employees or anyone with whom MDT does business:
Federal protected classes State protected classes
Race, color, national origin,
sex, sexual orientation, gender identity,
age, disability, income-level & Limited
English Proficiency
Race, color, national origin, parental/marital status,
pregnancy, childbirth, or medical conditions related to
pregnancy or childbirth, religion/creed, social origin or
condition, genetic information, sex, sexual orientation,
gender identification or expression, ancestry, age,
disability mental or physical, political or religious
affiliations or ideas, military service or veteran status,
vaccination status or possession of immunity passport
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all
Acts and Regulations of the United States and the State of Montana relative to Non-
Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes in the
selection and retention of subcontractors, including procurements of materials and
leases of equipment, employment, and all other activities being performed under this
contract/agreement.
b. The PARTY will provide notice to its employees and the members of the public that it
serves that will include the following:
i. A statement that the PARTY does not discriminate on the grounds of any
protected classes.
ii. A statement that the PARTY will provide employees and members of the public
that it serves with reasonable accommodations for any known disability, upon
request, pursuant to the Americans with Disabilities Act as Amended (ADA).
iii. Contact information for the PARTY’s representative tasked with handling non-
discrimination complaints and providing reasonable accommodations under the
ADA.
iv. Information on how to request information in alternative accessible formats.
138
Page 2 of 4
Rev. 01/2022
c. In accordance with Mont. Code Ann. § 49-3-207, the PARTY will include a provision, in all
of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of
merit and qualifications and that the PARTY does not discriminate on the grounds of any
protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the
PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services. The list of all currently certified DBE firms is located on the MDT
website at mdt.mt.gov/business/contracting/civil/dbe.shtml
b. By signing this agreement, the PARTY assures MDT that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy as the recipient deems appropriate.
c. The PARTY must include the above assurance in each contract/agreement the PARTY
enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be
performed under a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation
under this contract/agreement and all Acts and Regulations of the United States and the State of
Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the
Acts, Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by MDT or
relevant US DOT Administration to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the PARTY will so certify to
MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination
provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY
complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
139
Page 3 of 4
Rev. 01/2022
(7) Pertinent Non-Discrimination Authorities: During the performance of this contract/agreement,
the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following
non-discrimination statutes and authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
- Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the Federal-aid recipients,
sub-recipients, and contractors, whether such programs or activities are Federally funded or
not);
- Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
- The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
140
Page 4 of 4
Rev. 01/2022
- Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.).
- Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of
gender identity and in hiring by federal contractors on the basis of both sexual orientation and
gender identity.
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through
seven in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The
PARTY will take action with respect to any subcontract or procurement as MDT or the relevant
US DOT Administration may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT
to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request
the United States to enter into the litigation to protect the interests of the United States.
141
Memorandum
REPORT TO:City Commission
FROM:Jill Miller, Water Treatment Plant Superintendent
Shawn Kohtz, Utilities Director
SUBJECT:Authorize the City Manager to Sign the Aftermarket Comprehensive Services
Three Year Plan with Aria Filtra for the Annual Inspection, Technical Support
and Training of the City of Bozeman's Aria Filtra System
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign the Aftermarket Comprehensive Services
Three Year Plan with Aria Filtra for the Annual Inspection, Technical Support
and Training of the City of Bozeman's Aria Filtra System.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The City of Bozeman has been operating an Aria Filtra (formerly Pall Water)
membrane filtration system for over 10 years. The Water Treatment Plant
has had an annual inspection and 24/7 phone support each of those years.
The annual inspection by a Aria Filtra Field Services Engineer (FSE)
determines the system functional status, offers preventative maintenance
recommendations, and ensures the plant is operating within the membrane
parameters. The more experienced operators have the opportunity to
discuss system changes with the FSE and receive feedback on optimization
and upgrade plans. This contract includes operator training and certification.
This contract provides for 24/7 phone support from Aria Filtra for
emergencies and operational problems.
UNRESOLVED ISSUES:none
ALTERNATIVES:Forgo annual inspection, technical support and training and pay for support
at a cost per incident and pay hourly for each call.
FISCAL EFFECTS:The inspection is budgeted for in the FY25 and FY26 Water Treatment Plant
Operating budget. Annual cost is $20,973. Total cost over three years is
$62,918.
Attachments:
City of Bozeman 3 YR Proposal Final.pdf
142
Report compiled on: October 3, 2024
143
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 1
Confidential - Company Proprietary
AFTERMARKET COMPREHENSIVE SERVICES PLAN
for
(City of Bozeman)
Aria Filtration System
Company Contact: Jill Miller
Phone: 406-599-1832
E-Mail: jmiller@BOZEMAN.NET Site Location: Bozeman, MT
144
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 2
Confidential - Company Proprietary
Table of contents
Ordering Instructions and table of contents
Proposal Summary, Description of Services, and pricing detail
Customer Authorization for Service Form; Site & Billing addresses
Definition of Contract Terms
Essential Service Event Details
Terms and Conditions
Ordering Instructions
Please complete the “Customer Authorization for Service” form on page 4 and remit to:
For US / Mexico / Latin American Customers For Canadian Based Customers
Trojan Technologies Corp P.O. Box 5630, 839 State Route 13 Cortland, New York 13045-5630 Phone: 866-475-0115 Email: AriaFiltraCS@TrojanTechnologies.com Attn: Customer Service
Trojan Technologies 3020 Gore Rd., London, ON, Canada N5V 4T7 Phone: 866-475-0115 Email: AriaFiltraCS@TrojanTechnologies.com Attn: Customer Service
145
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 3
Confidential - Company Proprietary
PROPOSAL SUMMARY
AriaFiltra recommends a post-warranty support service plan to ensure uninterrupted operation of
your System. Whether you are a new AriaFiltra Service Customer or an established water plant,
routine scheduled maintenance will ensure your water plant is operating most efficiently, saving
time and operating cost. In many cases the return on investment of a AriaFiltra service plan is less
than 6 months. Over time, machinery ages and may malfunction, components and technology also
become obsolete and need to be upgraded due to the inability to get support from OEM or
replacement parts. Innovations and technological and process developments also drive the need for
service oversight. Most importantly access to our expert Field Service Engineers are part of many
of the service offerings in the AriaFiltra portfolio 24 hours a day and seven days per week.
The frequency of the proposed services is Annually for three years. If additional service support is
required beyond the contract frequency and scope, it can also be provided at the AriaFiltra standard
service rates. Advance authorization is required for any time that exceeds the scope of service and
the amount of the issued Purchase Order. Additional T&E will apply.
Advance authorization is required for any time that exceeds the scope of service and the amount of the issues
PO. Additional T&E will apply.
Delivery Schedule (to be confirmed at time of order confirmation)
Payment Details
Billing Method Product Line
Billed Upon Completion System Inspection Service,
Training Billed in Advance 24/7 Phone Support
146
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 4 Confidential - Company Proprietary
SCOPE OF WORK:
DESCRIPTION OF SERVICE FREQUENCY OF PROPOSED SERVICE
STANDARD PRICE BUNDLE DISCOUNT PRICE
SYSTEM INSPECTION SERVICE Comprehensive System Review •Review system and process operation
•Make system adjustments and improvements.
•Identify future needs for operation staff to maintain plantperformance.•Detailed service report with recommendations and instruction
•Determination if process optimization services are required
•2 days on site
-ANNUALLY for3 Years $35,711.00 $30,354.00
24/7 TECHNICAL PHONE SUPPORT SERVICE
•Peace-of-mind assurance
•Priority response to your inquiry over non contracted•customers who pay per incident at emergency rates subject•to the availability of the support team.•Access to Engineers on full-time rotation, live support•Avoids “Fee-per-Incident” phone charge•Gets your plant back up and running minimizing potential•down time
-ANNUALCONTRACT for3 Years
$12,337.00 $10,488.00
Training •Customized hands-on training options•System Operation training/refresher
•HMI/PC Interface Screens
•CIP Training•CEU Credit Based Course•Learn how to run your plant more efficiently.
•Great for New and Experienced Operators
•Operator Certification
-ANNUALLY for
3 Years
$25,972.00 $22,076.00
Annual Amount (Currency: USD) TOTAL PRICE OF SERVICES $74,020.00 $62,918.00
*Please see Appendix A – Definition of Terms beginning for expanded description of services
147
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 5
Confidential - Company Proprietary
CUSTOMER AUTHORIZATION FOR SERVICE FORM
I am an authorized representative of the Customer, and I accept the Terms and Conditions of this Service Agreement on behalf of the Customer. I authorize AriaFiltra Systems to perform the work defined in this agreement, and accept the costs and charges defined in this agreement.
Company:
Print Name Title/Position
Signature Date
Purchase Order No. or Reference for Billing:
Requested Date(s) to Schedule Service Visit(s):
(unless deemed emergency service, please allow a 4-week window to accommodate scheduling by Aria Filtra.)
Remit this form & PO# to our AriaFiltra Customer Service email: AriaFiltraCS@TrojanTechnologies.com
Effective Date and Duration: This Agreement will be effective as of the date signed above, and will remain in effect:
• for 12 consecutive months (or as indicated in the annual or multi-year contract)
• or until 30 days after receipt of written notice of termination by either party.
Customer Billing Address: Customer Shipping Address (Spare Parts):
Customer Comments:
City of Bozeman
Chuck Winn Interim City Manager
WTPJMM10032024
January/February
City of Bozeman WTP
7024 Sourdough Canyon Road
Bozeman, MT 59715
City of Bozeman WTP
7024 Sourdough Canyon Road
Bozeman, MT 59715
148
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 6
Confidential - Company Proprietary
Definition of the Plan Terms
AriaFiltra - AriaFiltra or its assigned Representative Customer - Company or Organization purchasing services as defined by this contract The Customer’s
maintenance staff will be responsible for supplying tools, ladders, lifts, or other equipment required to execute the
maintenance function. Site personnel will be solely responsible for ensuring that all maintenance procedures are
performed in accordance with all applicable safety regulations.
FSE - The role of the AriaFiltra Field Service Engineer (FSE) is to complement the site’s existing
technical/maintenance staff by providing expertise specific to AriaFiltra supplied technology. The AriaFiltra FSE
will direct site maintenance staff in the proper execution of maintenance procedures.
Appendix A System Inspection Service Upon arrival, the AriaFiltra FSE will meet with designated plant personnel to review the planned scope of work for
the Inspection and obtain confirmation prior to proceeding. Should the Customers expectations be outside of the
scope of work, the inspection will not proceed until AriaFiltra and the Customer agree to the Scope of Service. If
necessary, Scope changes can be quoted and accepted onsite, prior to performing the planned service.
The FSE will perform a comprehensive inspection of the AriaFiltra Aria Filtration System, which includes all
hardware and operating parameters to determine System functional status, and make preventive maintenance
recommendations. Should an issue be identified, that can be resolved by the FSE during this visit, a price for the
immediate service can be provided, and the work completed with your approval by means of a verbal change
order to AriaFiltra Systems Customer Service. Advance authorization is required for any time that exceeds the
Scope of Service and the amount of the issued PO.
Upon completion of the service, the FSE will meet with designated Plant personnel to review the findings of the
Inspection, and discuss any problems, corrective actions or recommendations.
24/7 Aftermarket Phone Support Service AriaFiltra Engineers provide live, around-the-clock technical support. They account for their Phone Service time
(consults, troubleshooting, parts recommendations, remote access, etc.), both, during regular business hours, as
well as after hours (on-call). Their services are allocated to each customer’s account at no charge.
For technical support, Warranty assistance, or Services & Spares orders, Customers can contact AriaFiltra toll
free at #866-475-0115.
149
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 7
Confidential - Company Proprietary
If the problem cannot be resolved over the telephone, the Customer can request a AriaFiltra System Service
Representative to visit the site location. You will be quoted an Emergency Service Rate, including last-minute
travel expenses. Where possible, the FSE will use remote modem access to troubleshoot and resolve problems.
Important Note: Non-contracted customers are charged at a Fee-per-Incident rate, applicable to assigned
engineering time.
Operator Training – Aria / MF Systems To support proper operation of your system, AriaFiltra recommends that you take advantage of a training session
with actual hands-on time to achieve a significant level of competence and confidence with the equipment.
Sessions should be repeated annually as refresher training, or when you have new system operators.
Classroom instruction will be provided if it is specifically indicated as part of the proposal summary. The content
would include information on the Principles of Filtration, and Cross-flow Technology, as well as general
procedures. Content will be presented in a combination of PowerPoint slides and hands-on activities. A training
binder will be provided for each participant.
Hands-on CIP training / refresher CIP training is ONLY provided when AriaFiltra performs the CIP service, and if it
is specifically indicated as part of the proposal summary. The CIP service visit should be scheduled preferably
when reduced system flux suggests the modules could benefit from cleaning. As AriaFiltra Systems require
periodic cleaning; the cleaning frequency will vary. CIP neglect will cause long-term flux deterioration, which can
be difficult to restore. If not performed on a regular basis, CIP Protocols may become unfamiliar, ominous and
critical.
Essential Service Event Details
Materials: This proposal covers the scope of work described above. All additional materials purchased by
AriaFiltra for use on your System that have been verbally authorized by you to complete this work will be invoiced
as part of this contract.
Scheduling: When possible, AriaFiltra will make every effort to accommodate a Customer’s schedule for
services, once they have been defined and communicated. Field Service requires a minimum 4-week advance
notification. Upon receipt of your purchase order, we can confirm the schedule, and allocate the appropriate
AriaFiltra Service resources.
Validity: This proposal is valid for 30 days (or date of validity expiration),. If a purchase order is not agreed upon
by Seller and Buyer within the price validity period, the pricing set forth in this proposal shall not apply.
Terms of Sale: AriaFiltra Standard Terms and Conditions of Sale of Services apply. Terms of Service: Regular minimum service charge is for a 10-hour day.
150
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 8
Confidential - Company Proprietary
Service Order acceptance and payment terms: AriaFiltra requires all accounts outstanding beyond 30 days to
be paid in full prior to order acceptance. Your account status will be verified at the time of order placement, and
you will be notified if you have a balance due. To avoid order processing, goods shipment, or service scheduling
delays, please insure your account is up to date in advance of placing your order. Charges per the proposal will
be invoiced automatically and become payable within 30 business days of receipt.
Changes: If additional service is required beyond the Plan frequency and scope, AriaFiltra will work with you to
make those changes. Advance authorization is required for any activity that exceeds the scope of service and the
amount of the issued PO. Additional T&E may apply.
AriaFiltra shall not implement any changes in the Scope of Services described in its proposal unless Customer
and AriaFiltra agree to the details of the change, and any resulting price, schedule or other contractual
modifications. This includes any changes necessitated by a change in applicable law.
A Purchase Order or acceptable letter of authorization, including Travel & Expense per diem reimbursements,
and a signed copy of the attached Customer Authorization of Service Form is required prior to AriaFiltra providing
the services defined in this proposal.
Maintaining an Aftermarket Service Plan, or an Aftermarket Phone Support Service, provides the best possible
return on your AriaFiltra System investment. The Plan also provides pre-emptive measures that help to identify
potential anomalies or malfunctions which may create untimely disruptions, costly down-times, or otherwise, could
contribute to disaster response issues encountered by Municipal Plants and a community’s water system.
Implementing the Service Plan ensures priority response and avoids the Fee-per-Incident charges.
Sincerely, AriaFiltra
Michelle Mullen
AMPS Inside Sales Manager
Cell: 607-882-5692
E-mail: michelle.mullen@trojantechnologies.com
151
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 9
Confidential - Company Proprietary
Terms and Conditions of Sale This document sets forth the Terms & Conditions of Sale for goods manufactured and/or supplied, and services
provided, by the seller entity identified on the purchase order (“SELLER”) and sold to the original purchaser
thereof (“BUYER”). The term “SELLER” includes only SELLER, and none of its affiliates. Unless otherwise
specifically stated in a previously-executed written purchase agreement signed by authorized representatives of
SELLER and BUYER, these Terms & Conditions of Sale establish the rights, obligations and remedies of
SELLER and BUYER which apply to this offer and any resulting order or contract for the sale of SELLER’s goods
and/or services (“Products”).
1. APPLICABLE TERMS & CONDITIONS: These Terms & Conditions of Sale are contained directly and/or
by reference in SELLER’s proposal, offer, order acknowledgment, packing slip, and/or invoice
documents. The first of the following acts constitutes an acceptance of SELLER’s offer and not a
counteroffer and creates a contract of sale (“Contract”) in accordance with these Terms & Conditions of
Sale: (i) BUYER’s issuance of a purchase order document against SELLER’s offer; (ii) acknowledgement
of BUYER’s order by SELLER; or (iii) commencement of any performance by SELLER pursuant to
BUYER’s order. Provisions contained in BUYER’s purchase documents (including electronic commerce
interfaces) that materially alter, add to, or subtract from the provisions of these Terms & Conditions of
Sale are not a part of the Contract.
2. CANCELLATION AND RETURN: The whole or any part of this order may be cancelled only with the prior
written consent of SELLER. If SELLER does consent to a cancellation, such consent will be given only
upon payment of reasonable cancellation charges in an amount determined by SELLER and which will
include recovery of costs plus reasonable profit. In addition, with respect to any Products returned on
cancellation, BUYER will pay SELLER’s cost of placing the returned Products in a saleable condition,
sales expenses incurred by SELLER in connection with such returned Products, a reasonable restocking
charge and freight costs incurred in connection with the original shipment and in connection with returning
such Products to SELLER, all in such amounts as are advised to the BUYER by SELLER. SELLER may
cancel all or part of any order prior to delivery without liability if the order includes any Products that Seller
determines may not comply with export, safety, local certification, or other applicable compliance
requirements. If SELLER’S offer contains a cancellation schedule, such schedule shall apply in lieu of the
cancellation charges stated above.
3. DELIVERY: Delivery will be accomplished FCA SELLER’s determined shipping point; or on SELLER’s
discretion it will ship CPT foreign port unless otherwise expressly agreed between the parties using
Incoterms 2020. Legal title and risk of loss or damage pass to BUYER upon transfer to the first carrier,
regardless of final destination and mode of transit. SELLER will use commercially reasonable efforts to
deliver the Products ordered herein within SELLER’s normal lead-time necessary for SELLER to deliver
the Products sold hereunder. Upon prior agreement with BUYER and for an additional charge paid by
BUYER, SELLER will deliver the Products on an expedited basis. Parties may agree that the BUYER
may accept partial deliveries of Products; if so, each delivery will constitute a separate sale, and BUYER
shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Contract.
152
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 10
Confidential - Company Proprietary
Products will be boxed or crated as determined appropriate by SELLER for protection against normal
handling and there will be an extra charge to the BUYER for additional packaging required by the BUYER
with respect to waterproofing or other added protection. BUYER has sole responsibility for off-loading,
storage and handling of the Products at the site. Where Buyer is responsible for any delay in the delivery
date or installation date, the earlier of the date of delivery or the date on which the Products are ready for
shipment by SELLER may be treated as the delivery date for purposes of determining the time of
payment of the purchase price. Moreover, BUYER will be responsible for storage and insurance
expenses with respect to such Products. Should BUYER fail to effect pick-up of Product as previously
agreed in a timely manner, SELLER may, at its discretion, assess storage charges and a surcharge to the
account of BUYER.
4. INSPECTION: BUYER will promptly inspect and accept any Products delivered pursuant to this Contract
after receipt of such Products. In the event the Products do not conform to any applicable specifications,
BUYER will promptly notify SELLER of such nonconformance in writing. SELLER will have a reasonable
opportunity to repair or replace the nonconforming Product at its option. BUYER will be deemed to have
accepted any Products delivered hereunder and to have waived any such nonconformance for such
Products unless a written notification pursuant to this paragraph is received by SELLERSELLER within
fourteen
(14) days of delivery to BUYER destination on order. 5. PRICES & ORDER SIZES: Prices do not include any charges for services such as insurance; brokerage
fees; sales, use, inventory, or excise taxes; import or export duties; special financing fees; value added
tax, income, or royalty taxes imposed outside the U.S. or Canada; consular fees; special permits or
licenses; or other charges imposed upon the production, sale, distribution, or delivery of Products.
BUYER will either pay any and all such charges or provide SELLER with acceptable exemption
certificates, which obligation survives performance under this Contract. Installation, maintenance and any
other services which relate to the Products are not included unless specifically set forth in the offer.
SELLER reserves the right to establish minimum order sizes and will advise BUYER accordingly. Any
orders below the minimum order size are subject to a fee as set out by SELLER. If SELLER’s delivery of
Products surpasses one (1) year in length, except as otherwise agreed by SELLER, SELLER shall be
entitled to (i) an increase in the purchase price of undelivered Products by an amount equal to the rate of
increase in the Producers Price Index from the start date of this Contract; or (ii) terminate this Contract
without penalty.
6. PAYMENTS: All payments must be made in agreed-to currency, normally Canadian or U.S. Dollars.
Unless other payment terms are expressly set forth in the purchase order or otherwise required by the
SELLER, invoices are due and payable NET 30 DAYS from date of the invoice, without regard to delays
for inspection or transportation, with payments to be made by check to SELLER at the address listed in
the purchase order or by bank transfer to the account obtainable from SELLER’s Accounts Receivable
Manager. In the event payments are not made or not made in a timely manner, SELLER may, in addition
to all other remedies provided at law, either: (a) declare BUYER’s performance in breach and terminate
this Contract for default; (b) withhold future shipments until delinquent payments are made; (c) deliver
153
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 11
Confidential - Company Proprietary
future shipments on a cash-with-order or cash-in-advance basis even after the delinquency is cured; (d)
charge interest on the outstanding balance at a rate of 1.5% per month or the maximum rate permitted by
law, if lower, for each month or part thereof that there is an outstanding balance plus applicable storage
charges and/or inventory carrying charges; (e) repossess the Products for which payment has not been
made; (f) pursue other collection efforts and recover all associated costs including reasonable attorney’s
fees; or (g) combine any of the above rights and remedies as is practicable and permitted by law. BUYER
is prohibited from setting off any and all monies owed under this Contract from any other sums, whether
liquidated or not, that are or may be due to the BUYER, which arise out of a different transaction with
SELLER or any of its affiliates. Should BUYER’s financial condition become unsatisfactory to SELLER in
its discretion, SELLER may require payment in advance or other security. If BUYER fails to meet these
requirements, SELLER may treat such failure as reasonable grounds for repudiation of this Contract, in
which case reasonable cancellation charges shall be due to SELLER. BUYER hereby grants SELLER a
security interest in the Products, wherever located, and whether now existing or hereafter arising or
acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as
well as all proceeds of the foregoing, to secure payment in full of all amounts to Seller, which payment
releases the security interest but only if such payment could not be considered an avoidable transfer
under applicable laws. The security interest granted hereby constitutes a purchase money security
interest under the applicable Uniform Commercial Code or Personal Property Security Act or other
applicable law, and SELLER is authorized to make whatever registration or notification or take such other
action as SELLER deems necessary or desirable to perfect such security interest. BUYER’s insolvency,
bankruptcy, assignment for the benefit of creditors, or dissolution or termination of the existence of
BUYER, constitutes a default under this Contract and affords SELLER all of the remedies of a secured
creditor under applicable law, as well as the remedies stated above for late payment or non-payment.
7. LIMITED WARRANTY: Unless specifically provided otherwise in SELLER’s offer, SELLER provides the
following Limited Warranty. SELLER warrants that Products sold hereunder will be free from defects in
material and workmanship and will, when used in accordance with the manufacturer’s operating and
maintenance instructions, conform to any express written warranty pertaining to the specific goods
purchased, which for Products is for a period of twelve (12) months from delivery. SELLER warrants that
services furnished hereunder will be free from defects in workmanship for a period of ninety (90) days
from the completion of the services. Products repaired or replaced are not covered by any warranty
except to the extent repaired or replaced by SELLER, an authorized representative of SELLER, or under
specific instructions by SELLER, in which cases, the Products will be covered under warranty up to the
end of the warranty period applicable to the original Products. The above warranties do not include the
cost of shipping and handling of returned items. Parts provided by SELLER in the performance of
services may be new or refurbished parts functioning equivalent to new parts. Any non- functioning parts
that are repaired by SELLER shall become the property of SELLER. Except as included in SELLER’S
offer, no warranties are extended to consumable items and for normal wear and tear. SELLER’s special
warranties may include additional limitations. All other guarantees, warranties, conditions and
representations, either express or implied, whether arising under any statute, law, commercial usage or
otherwise, including implied warranties of merchantability and fitness for a particular purpose, are hereby
excluded. The sole remedy for Products not meeting this Limited Warranty is replacement, repair, credit
154
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 12
Confidential - Company Proprietary
or refund of the purchase price, as determined by SELLER in its sole discretion. This remedy will not be
deemed to have failed of its essential purpose so long as SELLER is willing to provide such replacement,
credit or refund. To make a warranty claim, BUYER must notify SELLER in writing within 5 days of
discovery of the defect in question. This notification must include a description of the problem, a copy of
the applicable operator’s log, a copy of BUYER’s maintenance record and any analytical results detailing
the problem. Any warranty hereunder or performance guarantees shall only be enforceable if (a) all
equipment is properly installed, inspected regularly, and is in good working order, (b) all operations are
consistent with SELLER recommendations, (c) operating conditions at the installation site have not
materially changed and remain within anticipated specifications, and (d) no reasonably unforeseeable
circumstances exist or arise.
8. INDEMNIFICATION/ WAIVER OF CLAIMS/ INSURANCE: BUYER. For other than professional services rendered, to the fullest extent permitted by law, within the limits of its insurance in this Agreement, SELLER agrees to release, defend, indemnify, and hold harmless the BUYER, its agents, representatives, employees, and officers from and against any and all claims, demands,
actions, fees and costs (including reasonable attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected to the proportional extent caused (i) the negligent, reckless, or intentional misconduct of the SELLER; or (ii) any negligent, reckless, or intentional misconduct of any of the SELLER’s agents. For services rendered, to the fullest extent permitted by law and within the limits of its insurance in this Agreement, SELLER agrees to indemnify and hold the BUYER harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the SELLER or SELLER’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 indemnitee(s) which would otherwise exist as to such indemnitee(s). SELLER’s indemnity under
this Section shall be without regard to and without any right to contribution from any insurance maintained by BUYER. Should BUYER be required to bring an action against the SELLER to assert its right to defense or indemnification under this Agreement or under the SELLER’s applicable insurance policies required below, BUYER 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 SELLER was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against the BUYER resulting from the BUYER’s performance under this Agreement, the BUYER may elect to represent itself and incur all costs and expenses of suit. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, SELLER shall at SELLER’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 SELLER in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the SELLER 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 BUYER under the scope of work in this Agreement. SELLER shall furnish to BUYER an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:
155
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 13
Confidential - Company Proprietary
•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.
BUYER shall be endorsed as an additional insured on a primary non- contributory basis on the
Commercial General and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to BUYER and carrier will provide cancellation notice in accordance with
policy provisions. SELLER must provide all insurance coverage and endorsement to BUYER prior to
the SELLER commencing work. SELLER shall notify BUYER within ten (10) business days of
SELLER’s receipt of notice that any required insurance coverage will be terminated or SELLER’s
decision to terminate any required insurance coverage for any reason
9. PATENT PROTECTION: Subject to all limitations of liability provided herein, SELLER will, with respect
to any Products of SELLER’s design or manufacture, indemnify BUYER from any and all damages and
costs as finally determined by a court of competent jurisdiction in any suit for infringement of any U.S. or
Canadian patent (or European patent for Products that SELLER sells to BUYER for end use in a member
state of the E.U. or the U.K.) that has issued as of the delivery date, solely by reason of the sale or
normal use of any Products sold to BUYER hereunder and from reasonable expenses incurred by
BUYER in defense of such suit if SELLER does not undertake the defense thereof, provided that BUYER
promptly notifies SELLER of such suit and offers SELLER either (i) full and exclusive control of the
defense of such suit when Products of SELLER only are involved, or (ii) the right to participate in the
defense of such suit when products other than those of SELLER are also involved. SELLER’s warranty as
to use patents only applies to infringement arising solely out of the inherent operation of the Products
according to their applications as envisioned by SELLER’s specifications. In case the Products are in
such suit held to constitute infringement and the use of the Products is enjoined, SELLER will, at its own
expense and at its option, either procure for BUYER the right to continue using such Products or replace
them with non-infringing products, or modify them so they become non-infringing, or remove the Products
and refund the purchase price (prorated for depreciation) and the transportation costs thereof. The
foregoing states the entire liability of SELLER for patent infringement by the Products. Further, to the
same extent as set forth in SELLER’s above obligation to BUYER, BUYER agrees to defend, indemnify
and hold harmless SELLER for patent infringement related to (x) any goods manufactured to the
BUYER’s design, (y) services provided in accordance with the BUYER’s instructions, or (z) SELLER’s
Products when used in combination with any other devices, parts or software not provided by SELLER
156
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 14
Confidential - Company Proprietary
hereunder.
10. TRADEMARKS AND OTHER LABELS: BUYER agrees not to remove or alter any indicia of
manufacturing origin or patent numbers contained on or within the Products, including without limitation
the serial numbers or trademarks on nameplates or cast, molded or machined components.
11. SOFTWARE AND INTELLECTUAL PROPERTY: All licenses to SELLER’s separately provided software
products are subject to the separate software license agreement(s) accompanying the software media. In the
absence of such express licenses and for all other software, SELLER grants BUYER only a personal, non-
exclusive license to access and use the software provided by SELLER with Products purchased hereunder
solely as necessary for BUYER to enjoy the benefit of the Products. A portion of the software may contain or
consist of open source software, which BUYER may use under the terms and conditions of the specific
license under which the open source software is distributed. BUYER agrees that it will be bound by all such
license agreements. Title to software remains with the applicable licensor(s). All SELLER contributions to the
Products, the results of the services, and any other work designed or provided by SELLER hereunder may
contain or result in statutory and non-statutory Intellectual Property, including but not limited to patentable
subject matter or trade secrets; and all such Intellectual Property remains the sole property of SELLER; and
BUYER shall not disclose (except to the extent inherently necessary during any resale of Product sold
hereunder), disassemble, decompile, or any results of the Services, or any Products, or otherwise attempt to
learn the underlying processes, source code, structure, algorithms, or ideas.
12. PROPRIETARY INFORMATION AND PRIVACY: “Proprietary Information” means any information,
technical data, or know-how in whatever form, whether documented, contained in machine readable or
physical components, mask works or artwork, or otherwise, which SELLER considers proprietary, including
but not limited to service and maintenance manuals. BUYER and its customers, employees, and agents will
keep confidential all such Proprietary Information obtained directly or indirectly from SELLER and will not
transfer or disclose it without SELLER’s prior written consent, or use it for the manufacture, procurement,
servicing, or calibration of Products or any similar products, or cause such products to be manufactured,
serviced, or calibrated by or procured from any other source, or reproduce or otherwise appropriate it. All
such Proprietary Information remains SELLER’s property. No right or license is granted to BUYER or its
customers, employees or agents, expressly or by implication, with respect to the Proprietary Information or
any patent right or other proprietary right of SELLER, except for the limited use licenses implied by law. In
respect of personal data supplied by BUYER to SELLER, BUYER warrants that is duly authorized to submit
and disclose these data, including but not limited to obtaining data subjects´ informed consent. SELLER will
manage BUYER’s information and personal data in accordance with its Privacy Policy, a copy of which is
available to Buyer upon request. In respect of other data and information that SELLER may receive in
connection with BUYER´s use of the Products including without limitation data that are captured by the
Products and transmitted to SELLER, BUYER hereby grants SELLER a non-exclusive, worldwide, royalty-
free, perpetual, non-revocable license to use, compile, distribute, display, store, process, reproduce, or create
derivative works of such data as needed for
157
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 15
Confidential - Company Proprietary
Product operation and maintenance, and to aggregate such data for use in an anonymous manner, solely
to facilitate marketing, sales and R&D activities of SELLER and its affiliates.
13 SPECIAL TOOLS, DIES, JIGS, FIXTURES AND PATTERNS: Any tools, dies, jigs, fixtures, patterns and
similar items which are included or required in connection with the manufacture and/or supply of the
Products will remain the property of SELLER without credit to the BUYER. SELLER assumes the cost for
maintenance and replacement of such items and shall have the right to discard and scrap any such item
after it has been inactive for a minimum of one year, without credit to the BUYER.
14CHANGES AND ADDITIONAL CHARGES: SELLER reserves the right to make design changes or
improvements to any products of the same general class as Products being delivered hereunder without
liability or obligation to incorporate such changes or improvements to Products ordered by BUYER unless
agreed upon in writing before the Products’ delivery date.
15SITE ACCESS / PREPARATION / WORKER SAFETY / ENVIRONMENTAL COMPLIANCE: In connection
with services provided by SELLER, BUYER agrees to permit prompt access to equipment. BUYER assumes
full responsibility to back-up or otherwise protect its data against loss, damage or destruction before services
are performed. BUYER is the operator and in full control of its premises, including those areas where
SELLER employees or contractors are performing service, repair, and maintenance activities. BUYER will
ensure that all necessary measures are taken for safety and security of working conditions, sites, and
installations during the performance of any services. BUYER is the generator of any resulting wastes,
including without limitation hazardous wastes. BUYER is solely responsible to arrange for the disposal of any
wastes at its own expense. BUYER will, at its own expense, provide SELLER employees and contractors
working on BUYER’s premises with all information and training required under applicable safety compliance
regulations and BUYER’s policies. SELLER has no responsibility for the supervision or actions of BUYER’s
employees or contractors or for non-SELLER items (e.g., chemicals, equipment) and disclaims all liability and
responsibility for any loss or damage that may be suffered as a result of such actions or items, or any other
actions or items not under SELLER’s control.
16LIMITATIONS ON USE: BUYER will not use any Products for any purpose other than those identified in
SELLER’s catalogs and literature as intended uses. Unless SELLER has advised the BUYER in writing, in no
event will BUYER use any Products in drugs, food additives, food, or cosmetics, or medical applications for
humans or animals. In no event will BUYER use in any application any Product that requires FDA 510(k)
clearance unless and only to the extent the Product has such clearance. BUYER will not sell, transfer, export,
or re-export any SELLER Products or technology for use in activities which involve the design, development,
production, use, or stockpiling of nuclear, chemical, or biological weapons or missiles, nor use SELLER
Products or technology in any facility which engages in activities relating to such weapons. Unless the “ship-
to” address is in California, U.S.A., the Products are not intended for sale in California and may lack markings
required by California Proposition 65; accordingly,
158
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 16
Confidential - Company Proprietary
unless BUYER has ordered Products specifying a California ship-to address, BUYER will not sell or
deliver any SELLER Products for use in California. Any warranty granted by SELLER is void if any goods
covered by such warranty are used for any purpose not permitted hereunder.
17EXPORT AND IMPORT LICENSES AND COMPLIANCE WITH LAWS: Unless otherwise expressly
agreed, BUYER is responsible for obtaining any required export or import licenses necessary for Product
delivery. BUYER will comply with all laws and regulations applicable to the installation or use of all Product,
including applicable import and export control laws and regulations of the U.S., E.U., and any other country
having proper jurisdiction, and will obtain all necessary export or import licenses in connection with any
subsequent export, re-export, transfer, and use of all Product and technology delivered hereunder. BUYER
will not sell, transfer, export, or re-export any SELLER Product or technology for use in activities which
involve the design, development, production, use or stockpiling of nuclear, chemical, or biological weapons
or missiles, nor use SELLER Product or technology in any facility which engages in activities relating to such
weapons. BUYER will comply with all local, national, and other laws of all jurisdictions globally relating to
anti-corruption, bribery, extortion, kickbacks, or similar matters which are applicable to BUYER’s business
activities in connection with this Contract, including but not limited to the U.S. Foreign Corrupt Practices Act
of 1977, as amended (the “FCPA”). BUYER agrees that no payment of money or provision of anything of
value will be offered, promised, paid, or transferred, directly or indirectly, by any person or entity, to any
government official, government employee, or employee of any company owned in part by a government,
political party, political party official, or candidate for any government office or political party office to induce
such organizations or persons to use their authority or influence to obtain or retain an improper business
advantage for BUYER or for SELLER, or which otherwise constitute or have the purpose or effect of public or
commercial bribery, acceptance of or acquiescence in extortion, kickbacks, or other unlawful or improper
means of obtaining business or any improper advantage, with respect to any of BUYER’s activities related to
this Contract. SELLER asks BUYER to “Speak Up!” if aware of any violation of law, regulation, or our Code of
Conduct (“CoC”) in relation to this Contract.
See http://www.danaherintegrity.com/ and https://www.danaher.com/coc/en/home.html for a copy of the
CoC and for access to our Helpline portal.
RELATIONSHIP OF PARTIES: BUYER is not an agent or representative of SELLER and will not present
itself as such under any circumstances, unless and to the extent it has been formally screened by SELLER’s
compliance department and received a separate duly-authorized letter from SELLER setting forth the scope
and limitations of such authorization.
19 FORCE MAJEURE: SELLER is excused from performance of its obligations under this Contract to the
extent caused by acts or omissions that are beyond its control, including but not limited to Government
embargoes, blockages, seizures or freezing of assets, delays, or refusals to grant an export or import license,
or the suspension or revocation thereof, or any other acts of any Government; fires, floods, severe weather
conditions, or any other acts of God; quarantines; epidemics and pandemics; labor strikes or lockouts; riots;
strife; insurrections; civil disobedience or acts of criminals or terrorists; war; material
159
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 17
Confidential - Company Proprietary
shortages or delays in deliveries to SELLER by third parties. In the event of the existence of any force
majeure circumstances, the period of time for delivery, payment terms, and payments under any letters of
credit will be extended for a period of time equal to the period of delay. If the force majeure circumstances
extend for six months, SELLER may, at its option, terminate this Contract without penalty and without
being deemed in default or in breach thereof.
20NON-ASSIGNMENT AND WAIVER: BUYER will not transfer or assign this Contract or any rights or
interests hereunder without SELLER’s prior written consent. Failure of either party to insist upon strict
performance of any provision of this Contract, or to exercise any right or privilege contained herein, or the
waiver of any breach of the terms or conditions of this Contract, will not be construed as thereafter waiving
any such terms, conditions, rights, or privileges, and the same will continue and remain in force and effect as
if no waiver had occurred.
21FUNDS TRANSFERS: BUYER and SELLER both recognize that there is a risk of banking fraud when
individuals impersonating a business demand payment under new mailing or banking transfer
instructions. To avoid this risk, BUYER must verbally confirm any new or changed mailing or banking
transfer instructions by calling SELLER and speaking with SELLER’s Accounts Receivable Manager
before transferring any monies using the new instructions. Both parties agree that they will not institute
mailing or banking transfer instruction changes and require immediate payment under the new
instructions, but will instead provide a ten (10) day grace period to verify any mailing or banking transfer
instruction changes before any new or outstanding payments are due using the new instructions.
22LIMITATION OF LIABILITY: None of SELLER, its successors-in-interest, assignees, affiliates, directors,
officers, and employees will be liable to any BUYER Indemnified Parties under any circumstances for any
special, treble, incidental, or consequential damages, including without limitation, damage to or loss of
property other than for the Products purchased hereunder; damages incurred in installation, repair, or
replacement; lost profits, revenue, or opportunity; loss of use; losses resulting from or related to downtime of
the Products or inaccurate measurements or reporting; the cost of substitute products; or claims of any of
BUYER’s Indemnified Parties’ customers for such damages, howsoever caused, and whether based on
warranty, contract, and/or tort (including negligence, strict liability or otherwise). The total liability of SELLER,
its successors-in-interest, assignees, affiliates, directors, officers, and employees arising out of the
performance or nonperformance hereunder, or SELLER’s obligations in connection with the design,
manufacture, sale, delivery, and/or use of Products, will not exceed five (5) times the amount actually paid to
SELLER for Products delivered hereunder.
23APPLICABLE LAW AND DISPUTE RESOLUTION: SELLER’S Terms and Conditions of Sale and the
parties’ agreement for the sale of Services shall be governed by the laws of the State of Montana. BUYER
and SELLER hereby unconditionally and irrevocabley submit to (and waive any objection on the grounds of
inconvenient forum or otherwise) the jurisdiction of the Supreme Court of the State of Montana, County of
Gallatin or the United States District Court for the district of Montana, which courts which courts shall have
exclusive jurisdiction to adjudicate and determine any suit, action or proceeding regarding or relating to this
160
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 18
Confidential - Company Proprietary
Agreement and the purchase and supply of the Goods. A judgement, order or decision of those courts in
respect of any such claim or dispute shall be conclusive and may be recognized and enforced by any courts
of any state, country or other jurisdiction.
161
AriaFiltra Proposal – OPP2057260 – March 19, 2024
Aria Filtra, a Division of Trojan Technologies | 839 NY State Route-13, Cortland, NY, USA 19
Confidential - Company Proprietary
.
24 NONDISCRIMINATION AND EQUAL PAY: SELLER agrees that all hiring by SELLER of persons
performing this Agreement shall be on the basis of merit and qualifications. SELLER will have a policy to
provide equal employment opportunity in accordance with all applicable state and federal anti-
discrimination laws, regulations, and contracts. SELLER 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,
marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil
Rights Acts of 1964; Section 140, Title 2, United States Code, and all regulations promulgated
thereunder. SELLER 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).
SELLER must report to BUYER any violations of the Montana Equal Pay Act that SELLER has been
found guilty of within 60 days of such finding for violations occurring during the term of this Agreement.
SELLER shall require these nondiscrimination terms of its subcontractors providing services under this
Agreement.
25 ENTIRE AGREEMENT & MODIFICATION: These Terms & Conditions of Sale constitute the entire
agreement between the parties and supersede any prior agreements or representations, whether oral or
written. Upon thirty (30) days prior written notice, SELLER may, in its sole discretion, elect to terminate any
order for the sale of Products and provide a pro-rated refund for any pre-payment of undelivered Products.
No change to or modification of these Terms & Conditions shall be binding upon SELLER unless in a written
instrument specifically referencing that it is amending these Terms & Conditions of Sale and signed by an
authorized representative of SELLER. SELLER rejects any additional or inconsistent Terms & Conditions of
Sale offered by BUYER at any time, whether or not such terms or conditions materially alter the Terms &
Conditions herein and irrespective of SELLER’s acceptance of BUYER’s order for the described goods and
services.
162
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Specialist
Brit Fontenot, Economic Development Director
SUBJECT:Authorize City Manager to Sign Professional Services Agreement with Central
House Strategies for Legislative Services for the 2025 Montana Legislative
Session and Interim
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign professional services agreement with Central
House Strategies for legislative services for the 2025 Montana Legislative
Session and interim.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:The City of Bozeman began retaining a lobbyist for the Montana State
Legislature in 2020. After the 2021 Legislative Session, the City chose to keep
a lobbyist on contract to assist with interim legislative work including
coalition building, bill implementation, and interim legislative committee
tracking and testifying.
An RFQ for legislative services for the next two years was published in the
spring of 2024. Central House Strategies, the City’s current lobbyist, was the
only firm to respond. City staff from economic development, sustainability,
legal, and utilities reviewed the RFQ response for legislative services and
found Central House to be positioned well to represent the City’s interests at
the State Legislature for the 2025 Legislative Session.
Central House demonstrated strong relationships at the statehouse as well
as extensive experience with local government issues in Montana. With the
unpredictable nature of the upcoming sessions, staff feels an experienced
team knowledgeable about relevant city issues and with established
relationships will greatly benefit our City.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the Commission.
FISCAL EFFECTS:Legislative services as outlined in the attachment are not to exceed $82,000.
163
Attachments:
24 - PSA - Legislative Services FINAL.pdf
Report compiled on: October 9, 2024
164
Professional Services Agreement for Legislative Services for 2025 Session FY 2025 – FY 2026 Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 22nd day of October, 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, Central House Strategies, LLC,_P.O. Box 878, Helena, MT
59624_, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _1st __ day of __November___, 2025, unless earlier terminated or extended 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 provided for in Exhibit A. For conflicts
between this Agreement and the Scope of Services, unless specifically provided otherwise, the
Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
165
Professional Services Agreement for Legislative Services for 2025 Session FY 2025 – FY 2026 Page 2 of 12
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws,
ordinances, rules, and regulations that in any manner may affect cost, progress or
performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
166
Professional Services Agreement for Legislative Services for 2025 Session FY 2025 – FY 2026 Page 3 of 12
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
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.
167
Professional Services Agreement for Legislative Services for 2025 Session FY 2025 – FY 2026 Page 4 of 12
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
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 both the Commercial General
and Automobile Liability policies. The insurance and required endorsements must be in a form
suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal.
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.
168
Professional Services Agreement for Legislative Services for 2025 Session FY 2025 – FY 2026 Page 5 of 12
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
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.
169
Professional Services Agreement for Legislative Services for 2025 Session FY 2025 – FY 2026 Page 6 of 12
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Brit Fontenot 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
170
Professional Services Agreement for Legislative Services for 2025 Session FY 2025 – FY 2026 Page 7 of 12
purpose of this Agreement shall be __S.K. Rossi__ or such other individual as Contractor
shall designate in writing. Whenever direction to or communication with Contractor is
required by this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: 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.
171
Professional Services Agreement for Legislative Services for 2025 Session FY 2025 – FY 2026 Page 8 of 12
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
172
Professional Services Agreement for Legislative Services for 2025 Session FY 2025 – FY 2026 Page 9 of 12
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
173
Professional Services Agreement for Legislative Services for 2025 Session FY 2025 – FY 2026 Page 10 of 12
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, may be extended to
include the interim between the 2025 and 2027 sessions, the 2027 legislative session, and the interim
between the 2027 and 2029 legislative sessions by written agreement of the Parties. In no case,
however, may this Agreement run longer than _December 31, 2029__.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
174
Professional Services Agreement for Legislative Services for 2025 Session FY 2025 – FY 2026 Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA CENTRAL HOUSE STRATEGIES
By________________________________ By__________________________________
Chuck Winn, City Manager
S.K. Rossi
Principal
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
175
Professional Services Agreement for Legislative Services for 2025 Session FY 2025 – FY 2026 Page 12 of 12
176
LOBBYING STRATEGY AND RELATED SERVICES
We envision working independently whenever necessary,and side-by-side with city staff
whenever possible,to do the immediate work of lobbying while building the power,
relationships,and knowledge of Bozeman staff.
In close consultation with Bozeman staff,the Consultants will:
●Conduct defensive and proactive lobbying on the full range of Bozeman’s policy
priorities,including:
o Meeting with,assessing the positions of,and lobbying legislators,legislative staff,
and executive branch elected officials and staff;
o Preparing or assisting in preparation of testimony;
o Presenting testimony;and
o Facilitating meetings and relationship building between decision makers and
Bozeman staff and/or representatives,including legislators,the executive branch,
and executive branch department staff.
●Contribute to strategy and planning by:
o Participating in partner meetings and leading strategy planning at the request of
Bozeman staff;
o Participating in the development of communications and informational tools,
including talking points and messaging documents;
o Collaborating with other lobbyists,organizations,and partners at the request of
Bozeman staff;and
o Attending weekly meetings with Bozeman staff who oversee legislative work and
submitting a weekly report summarizing the prior week’s outcomes and what to
expect in the following week
●Ensure administrative and legal requirements are followed by registering as lobbyists,
reporting necessary information to Bozeman in a timely manner,and collaborating with
Bozeman administrative staff when requested.
●Participate in a legislative debrief with Bozeman staff.
●Continue to organize and administer a coalition of organizations and entities prioritizing
sustainable tax and revenue models for local governments and the state.
177
Central House Strategies Lobbying Activities
City of Bozeman
Interim activities
Monitor and report to city on activities, agendas, outcomes, and legislative priorities of:
o Local Government Interim Committee
o Transportation Interim Committee
o Revenue Interim Committee
o Governor’s Housing Task Force
o Governor’s Property Tax Task Force
o Economic Affairs Interim Committee
Engage, meet, and collaborate with other local governments and private and public sector
entities, including community-based service providers, advocacy organizations, other
municipalities, counties, league of cities and towns, and policy coalitions on:
o Statewide housing policy
o Local government issues
o Property tax relief and local revenue
o State services and resources for unhoused people and those living with
substance use and behavioral health disorders
o Electric and Autonomous vehicle regulations
o Tax Increment Financing policy
o Childcare policy and resources
o Infrastructure policy and funding
Assist city staff in:
• Identifying policy priorities
• Drafting legislation
• Identifying and securing bill sponsors
• Building and managing issue-based coalition focused on city priorities
(MUST)
• Meeting with city partners at city’s request and assisting with messaging,
policy strategy, and advocacy training on policy issues of interest to city
• Regularly meeting and maintaining relationships with legislators from both
parties who support or oppose the policy positions of the city to advocate for
city’s priorities
178
Session activities:
• Full time, direct lobbying on both defensive and proactive priorities of city
• Coalition management, communications, strategy, and implementation
• Assisting city with messaging, talking points, testimony prep, and legislative strategy
on city priorities
• Weekly meetings with city staff
179
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitch Overton, Director of Parks and Recreation
SUBJECT:Authorize the City Manager to Sign an Amendment 1 to Use License
Agreement with RTR Holdings II for South University District Park
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Authorize City Manager to Sign First Amendment to Use License Agreement
with RTR Holdings II for South University District Park
STRATEGIC PLAN:3.4 Active Recreation: Facilitate and promote recreational opportunities and
active health programs and facilities.
BACKGROUND:RTR Holdings II is performing construction on South University District Park
(SUD Park) for Site Plan applications within SUD subdivision, in compliance
with the Park Master Plan for SUD Park (to be changed to Southwood Park
upon completion). Park construction is not complete and will continue into
the 2025 construction season therefore this amendment extends the current
expiration date of the original agreement from October 31, 2024 to
December 31, 2025. The original agreement, Gallatin County Clerk and
Recorder Document #2823700, is attached for reference.
UNRESOLVED ISSUES:None
ALTERNATIVES:Per Commission
FISCAL EFFECTS:NA.
Attachments:
1st-Amendment_Use-License_RTR-Holdings-II.docx
2823700-RTR-Holdings-II_Use-License.pdf
Report compiled on: October 10, 2024
180
Exhibits - License Agreement with RTR Holdings II for the Construction of Southwood Park
AFTER RECORDING PLEASE RETURN TO:
City Clerk
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
1ST AMENDMENT TO LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY
BY RTR HOLDINGS II
This 1ST Amendment to the License Agreement (the “Agreement”) for the Use of City Property
by RTR Holdings II is entered into on _______________, 2024 between the City of Bozeman, a
self-governing municipality operating pursuant to its Charter and the laws of the State of Montana,
with a mailing address of P.O. Box 1230, Bozeman, MT 59771 (the “City”) and RTR Holdings II,
with a mailing address of 22 Turtle Rock Court, Tiburon, CA 94920 (“Licensee” or “RTR” and
collectively with the City, the “Parties”).
In consideration of Licensee’s promises herein, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree to amend
the Agreement as follows:
1.Extension of term. The City hereby extends the expiration date for completion in
Section 4 of the Agreement to December 31, 2025.
2.Agreement still valid. All remaining terms and provisions of the Agreement
remain valid.
########### END OF AGREEMENT EXCEPT FOR SIGNATURES ###########
181
Exhibits - License Agreement with RTR Holdings II for the Construction of Southwood Park
Executed this _____ day of __________________, 20___.
City:
By: _____________________
Chuck Winn
Interim City Manager
STATE OF MONTANA )
: ss.
County of Gallatin )
This instrument was acknowledged before me on the _____ day of ________________, 20___ by
Chuck Winn, as Interim City Manager for the City of Bozeman, Montana.
__________________________________________
Notary Public for the State of Montana
Printed Name: _____________________________
(SEAL)Residing in________________________________
My Commission Expires:_____________________
RTR Holdings II
By: _______________________
_______________________ (Print Name)
_______________________ (Title)
STATE OF MONTANA )
: ss.
County of Gallatin )
This instrument was acknowledged before me on the _____ day of ________________, 20___ by
Randy Hecht, as Owner of RTR Holdings II.
__________________________________________
Notary Public for the State of Montana
Printed Name: _____________________________
(SEAL)Residing in________________________________
My Commission Expires:_____________________
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer II
Nick Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign an Amendment 3 to the Professional
Services Agreement for the Materials Testing Term Contract with Morrison-
Maierle, Inc. for the Purpose of Obtaining Materials Testing on Various City
Projects Extending Through the 2025 Construction Season
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve and Authorize the City Manager to Sign Amendment 3 to the
Professional Services Agreement for the Materials Testing Term Contract
with Morrison-Maierle, Inc. for the Purpose of Obtaining Materials Testing
on Various City Projects Extending Through the 2025 Construction Season
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:In 2014, the City began retaining a consultant to provide construction
materials testing on all City Capital construction projects. The City is
currently in the 3rd year of a 3-year term contract awarded through
competitive process to Morrison-Maierle, Inc. in 2022 to provide these
materials testing services. The proposed amendment updates Morrison-
Maierle’s billing rates for the 2025 calendar year, defines additional scope of
work to the existing contract, and extends said contract through 2027.
Engineering staff have reviewed the amendment and found it to be
commensurate with the work involved.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:As described in Attachment 3 to the amendment, materials testing services
will be billed by a combination of unit costs and hourly rates depending on
the test being performed. The testing will be paid for with approved funding
from each associated project which receives materials testing during the
remainder of the 2024 construction season and the 2025 construction
season and has been accounted for in project costs.
Attachments:
218
PSA Amendment No 3.pdf
22- Professional Services Agreement - Morrison Maierle -
Materials Testing.pdf
Report compiled on: October 9, 2024
219
First Amendment to Professional Services Agreement for 2018 to 2021 Material Testing
Page 1 of 2
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Material Testing Term Contract dated June 28, 2022 (the “Agreement”) is made and entered
into this _____ day of ____________, 2024, by and between the CITY OF BOZEMAN,
MONTANA, a self governing municipal corporation organized and existing under its Charter and
the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing
address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” Morrison Maierle,
Inc., hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1. Scope of services, rate schedules, and budget for the remainder of 2024 and 2025
services are outlined on Attachment A-2.
2. Agreement extension. The Material Testing Term Contract agreement shall be extended
two additional years ending June 2027.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
220
First Amendment to Professional Services Agreement for 2018 to 2021 Material Testing
Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA MORRISON MAIERLE, INC.
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name: Travis Eickman
Title: Bozeman Operations Manager
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
221
Attachment A-2
Scope of Services
2024-2025 Materials Testing
Material testing is to be performed in compliance with the City of Bozeman’s Design Standards
and Specification Policy for soils, aggregates, concrete, and asphalt. Material testing is to be
provided based on an on-call basis for the projects listed below plus other projects that may be
identified over the course of the construction season.
Anticipated 2025 Projects
Valley Center Lift Station
27th – Cattail to Baxter
Sourdough Intake
Annual Curb replacement
Annual ADA ramp replacement
Annual Street maintenance
12th, 13th, 14th water renovation
S Black Sewer renovation
Transportation Alternatives shared use pathway project
Possible water renovation on Cypress Street ($800k)
The City or City’s consultant will be providing a Resident Project Representative (RPR) that will
be responsible for contacting Morrison Maierle to schedule testing for the various projects and
to outline testing locations and frequencies. Morrison Maierle will provide a contact person and
backup contact person for the RPRs to contact.
Results of failed tests will be provided to the RPR upon the conclusion of the test. All testing
results will be summarized in a weekly report specific to each project and will be provided to the
RPR and the City.
Testing is to be provided at the rates listed on the Laboratory Rate Schedule, Labor Rate
Schedule and Expense Rate Schedule provided below:
Laboratory Rate Schedule
Test Rate per Test
Proctor – AASHTO T180 – Material less than 3” $420
Sieve Analysis – AASHTO T27 (ASTM C136) –
Materials less than 3” (less than #4 washed)
$185
Sieve Analysis – AASHTO T27 (ASTM C136) –
Materials 3” to 4” (less than #4 washed)
$450
Atterberg Limits - AASHTO T89, T90 (ASTM D4318) $180
Concrete Cylinders – Strength Test –4” Cylinders $180 per set of 4
Bituminous Field Marshall – AASHTO T1559 (ASTM
245)
$550
Asphalt Core - Thickness and Density $120 per set of 3
222
Laboratory rate includes labor and expenses for testing and reporting once the sample is
delivered and cataloged into the lab for processing.
Updated Labor Rate Schedule – Beginning January 1, 2025
Classification Rate per Hour
Technical Intern ** $90
Administrative Coordinator I ** $95
Project Coordinator II ** $107
Engineer Intern I $132
Resident Project Representative I $132
Engineer Intern II $150
Resident Project Representative II $147
Senior Engineer I $207
Senior Engineer II $227
Supervising Engineer III $270
** Rate subject to time and one half for overtime.
Expense Rate Schedule
Expense Rate
Nuclear Density Meter $15/hour or $50/day
Vehicle $0.737/mile
Asphalt Coring Cost plus 5%
Miscellaneous Expenses Cost plus 5%
Budget
Requested addition budget for 2024 testing is $30,000. The total budget for testing in 2025 is
$180,000. Therefore a total budget of $210,000 for this amendment to the professional services
agreement. The overall project budget for the various projects that testing is planned for in
2025 is approximately $23,000,000. Actual effort will be billed per the rate schedules and will
be dependent on the amount of testing requested.
END
223
City of Bozeman Material Testing 2025 SeasonProjectEstimated EffortGeneral Scope ‐ CommentProject Est. CostValley Center Lift Station 15,000.00$ 2,288,000.00$ 27th – Cattail to Baxter55,000.00$ 8,329,000.00$ Sourdough Intake8,000.00$ 1,600,000.00$ Annual Curb replacement5,000.00$ 114,000.00$ Annual ADA ramp replacement5,000.00$ 115,000.00$ Annual Street maintenance20,000.00$ 2,678,000.00$ 12th, 13th, 14th water renovation25,000.00$ 2,786,000.00$ S Black Sewer renovation 20,000.00$ 2,080,000.00$ Transportation Alternatives shared use pathway project 4,000.00$ 500,000.00$ Possible water reno on Cypress Street ($800k)8,000.00$ 800,000.00$ Unlisted Projects 15,000.00$ 1,500,000.00$ Total 180,000.00$ 22,790,000.00$ 224
Professional Services Agreement for [Material Testing Term Contract]
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, __Morrison-Maierle, Inc., hereinafter referred to as
“Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as
“Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _30_ day of ___June___, 2025, unless earlier terminated in accordance with this
Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02
June 228
225
Professional Services Agreement for [Material Testing Term Contract]
Page 2 of 11
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02
226
Professional Services Agreement for [Material Testing Term Contract]
Page 3 of 11
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
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.
DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02
227
Professional Services Agreement for [Material Testing Term Contract]
Page 4 of 11
Contractor also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
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.
DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02
228
Professional Services Agreement for [Material Testing Term Contract]
Page 5 of 11
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
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.
DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02
229
Professional Services Agreement for [Material Testing Term Contract]
Page 6 of 11
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be __Kellen Gamradt____ 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
DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02
230
Professional Services Agreement for [Material Testing Term Contract]
Page 7 of 11
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be directed
to Contractor’s Representative; provided, however, that in exigent circumstances when
Contractor’s Representative is not available, City may direct its direction or communication
to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02
231
Professional Services Agreement for [Material Testing Term Contract]
Page 8 of 11
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02
232
Professional Services Agreement for [Material Testing Term Contract]
Page 9 of 11
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02
233
Professional Services Agreement for [Material Testing Term Contract]
Page 10 of 11
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of two years by written agreement of the Parties. In no case, however, may this Agreement run longer
than ___June 30, 2027____________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02
234
Professional Services Agreement for [Material Testing Term Contract]
Page 11 of 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02
Morrison-Maierle, Inc.
Travis Eickman
Bozeman Operations Manager
235
Scope of Services and Fee – 2022 Material Testing
Page 1 of 2
EXHIBIT A
Material testing is to be performed in compliance with the City of Bozeman’s Design Standards
and Specification Policy for soils, aggregates, concrete, and asphalt. Material testing is to be
provided based on an on-call basis for the projects listed below and other projects that may be
identified over the course of the construction season.
Anticipated 2022 Projects
Story Mill and Bridger Drive Intersection
South 6th Ave Street Reconstruction (Babcock to Cleveland)
North 7th Ave Water Main Improvement (Oak to Juniper)
Annual Street Improvements
Annual Curb Improvements
Griffin Drive Street Reconstruction (Maus to Bridger Drive)
Cottonwood (Oak to Baxter)
Downtown Sewer Renovations
The City or City’s consultant will be providing a Resident Project Representative (RPR) that will
be responsible for contacting Morrison Maierle to schedule testing for the various projects and
to outline testing locations and frequencies. Morrison Maierle will provide a contact person and
backup contact person for the RPRs to contact.
Results of failed tests will be provided to the RPR upon the conclusion of the test. All testing
results will be summarized in a weekly report specific to each project and will be provided to the
RPR and the City.
Testing is to be provided at the rates listed on the Laboratory Rate Schedule, Labor Rate
Schedule and Expense Rate Schedule provided below. These schedules are subject to annual
adjustments.
Laboratory Rate Schedule
Test Rate per Test
Proctor – AASHTO T180 – Material less than 3” $420
Sieve Analysis – AASHTO T27 (ASTM C136) –
Materials less than 3” (less than #4 washed)
$185
Sieve Analysis – AASHTO T27 (ASTM C136) –
Materials 3” to 4” (less than #4 washed)
$450
Atterberg Limits - AASHTO T89, T90 (ASTM D4318) $180
Concrete Cylinders – Strength Test – 4” Cylinders $160 per set of 4
Asphalt Core - Thickness and Density $90 per set of 3
Laboratory rate includes labor and expenses for testing and reporting once the sample is
delivered and cataloged into the lab for processing.
DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02
236
Scope of Services and Fee – 2022 Material Testing
Page 2 of 2
Labor Rate Schedule
Classification Rate per Hour
Technical Intern ** $77
Administrative Coordinator I ** $81
Project Coordinator II ** $102
Engineer Intern I $112
Resident Project Representative I ** $113
Engineer Intern II $128
Resident Project Representative II $132
Senior Engineer I $169
Senior Engineer II $185
Supervising Engineer III $220
** Rate subject to time and one half for overtime.
Expense Rate Schedule
Expense Rate
Nuclear Density Meter $10/hour or $35/day
Vehicle $0.773/mile
Asphalt Coring and Generator Equipment $160/day
Asphalt Coring (if outside service used) Cost plus 5%
Asphalt Lab Testing (outside service) Cost plus 5%
Miscellaneous Expenses Cost plus 5%
Budget
The total budget for testing is $220,000 for the 2022 season. Actual effort will be billed per the
rate schedules and will be dependent on the amount of testing requested.
END
DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02
237
City of Bozeman Material Testing 2021 SeasonProjectEstimated EffortS 6th Avenue Street reconstruction from Babcock to Cleveland (including new water, sewer, and storm) 40,000.00$ N 7th Avenue Water Main improvements from Oak to Juniper Street15,000.00$ Street Improvements25,000.00$ Story/Bridger Intersection30,000.00$ Griffin Drive20,000.00$ Curb Improvements5,000.00$ Cottonwood (Oak to Baxter)50,000.00$ Downtown Sewer Renovations20,000.00$ Unlisted Project15,000.00$ Total220,000.00$ DocuSign Envelope ID: 7A5F1E6F-9363-48E0-8236-1157D4AE5A02238
Memorandum
REPORT TO:City Commission
FROM:Katie Canter, Contracts and Sports Parks Coordinator
Mitch Overton, Parks and Recreation Director
SUBJECT:
Authorize the City Manager to Sign an Amendment 3 to the Professional
Services Agreement with K2 Ventures, Inc. for Snow Removal and
Maintenance Services in the Parks and Trails District
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:
Authorize the City Manager to Sign a Third Amendment to the Professional
Services Agreement with K2 Ventures, Inc. for Snow Removal and
Maintenance Services in the Parks and Trails District.
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:
On June 1, 2020, the Bozeman City Commission approved Resolution 5180
creating the Bozeman Parks and Trails Special District (District). To
accomplish the District objectives the City has developed a multi-year
District implementation plan designed to achieve steady calculated increases
in level of service standards and sustainable maintenance practices in all City
Parks. Beginning July 1, 2020 City’s Parks and Recreation Department
assumed full responsibility for all of the District’s designated park properties
including the addition of 235 acres of park land located within subdivision
parks previously maintained by home owners/community associations. In
September 2021, the Parks and Recreation Department conducted a request
for proposals process to acquire professional services required to complete
snow removal and additional maintenance services on parks in the District.
After careful evaluation and review, K2 Ventures Inc. was determined to be a
qualified, responsive, and responsible vendor for Parks and Trails District
Snow Removal Services contract. On November 16, 2021, the City entered
into the Agreement with K2 Ventures Inc. The Agreement is effective for one
year after the date of execution with the option to extend the agreement an
additional year upon mutual agreement. K2 Ventures Inc. has demonstrated
the ability to provide comprehensive snow removal maintenance services for
239
the City’s Parks and Trials District and will continue complete the services as
defined and described in Attachment B: PSA K2 Ventures Inc. Snow Removal
Services. The Attachment A PSA Amendment 3 K2 Ventures Inc Snow
Removal Services will extend the Agreement for an additional one (1) year
period and shall terminate on December 7, 2025. In no case, however, may
this agreement run longer than five (5) years from the original effective date.
UNRESOLVED ISSUES:None.
ALTERNATIVES:
As suggested by the City Commission.
FISCAL EFFECTS:
Funding is currently allocated for this maintenance within the FY25 and FY26
budget in the Parks and Trails District Maintenance Fund account.
Attachments:
Attachment A PSA Amendment 3 K2 Ventures Inc. Snow
Removal Services.pdf
Attachment B PSA K2 Ventures Inc. Snow Removal
Services.pdf
Report compiled on: September 24, 2024
240
Third Amendment to Professional Services Agreement for K2 Ventures Inc. FY 2025 – FY 2026 Page 1 of 2
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Parks and Trials District Snow Removal Services dated December 7, 2021 (the
“Agreement”) is made and entered into this _____ day of ____________, 2024, by and
between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and K2 Ventures Inc., 2545 Spain Bridge Road, Belgrade,
MT 59714 hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1.Extension of Term: Section 31. Extensions: Professional Service Agreement between
City and Contractor dated December 7, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on December 7, 2025.
2.Agreement still valid. All remaining terms and provisions of the Agreement remain
valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
241
Third Amendment to Professional Services Agreement for K2 Ventures Inc. FY 2025 – FY 2026
Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA K2 Ventures Inc.
By________________________________ By_____________________________
Chuck Winn, Interim City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
242
Professional Services Agreement for K2 Ventures Inc.
Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of December, 2021
(“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, K2 Ventures Inc., 2545 Spain Bridge Road, Belgrade,
MT 59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date 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 in Exhibit A. 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 and attached hereto as
Exhibit B. 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:
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951
7th
DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
243
Professional Services Agreement for K2 Ventures Inc.
Page 2 of 12
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b.Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6.Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under this
Agreement. Such posting shall be removed only upon expiration or termination of this Agreement.
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
244
Professional Services Agreement for K2 Ventures Inc.
Page 3 of 12
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits, and
expenses, including travel allowances as set forth in the current Montana Prevailing Wage Rate for
Non Construction Services in effect and applicable to Gallatin County, Montana, which schedule is
incorporated herein. Contractor shall pay all hourly wage employees on a weekly basis. Violation of
the requirements set forth in the above State of Montana schedule of prevailing wage rates may
subject the Contractor to the penalties set forth in §18-2-407, MCA. Contractor shall maintain payroll
records during the term of this Agreement and for a period of three (3) years following termination
of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is responsible, is
paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7.Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
245
Professional Services Agreement for K2 Ventures Inc.
Page 4 of 12
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
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.
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
246
Professional Services Agreement for K2 Ventures Inc.
Page 5 of 12
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.
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
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
247
Professional Services Agreement for K2 Ventures Inc.
Page 6 of 12
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b.In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c.Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d.In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9.Termination for City’s Convenience:
a.Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b.Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c.In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
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,
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
248
Professional Services Agreement for K2 Ventures Inc.
Page 7 of 12
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 Luke Kline, Contracts Coordinator or such other individual as City shall
designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall be
directed to the City’s Representative and approvals or authorizations shall be issued only by
such Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as designated by the City in writing and may receive
approvals or authorization from such persons.
b.Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Justin Kuntz or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required by
this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
249
Professional Services Agreement for K2 Ventures Inc.
Page 8 of 12
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12.Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
250
Professional Services Agreement for K2 Ventures Inc.
Page 9 of 12
Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16.Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17.Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
251
Professional Services Agreement for K2 Ventures Inc.
Page 10 of 12
18.Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21.Dispute Resolution:
a.Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b.If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22.Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23.Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24.Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25.Applicable Law: The parties agree that this Agreement is governed in all respects by
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
252
Professional Services Agreement for K2 Ventures Inc.
Page 11 of 12
the laws of the State of Montana.
26.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28.Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29.Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30.Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than three years.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
253
Professional Services Agreement for K2 Ventures Inc.
Page 12 of 12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951
Daniel Kappes
vice President
K2 ventures, Inc
DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
254
Page 1 of 23
REQUEST FOR PROPOSAL (RFP)
PARKS & TRAILS DISTRICT SNOW REMOVAL SERVICES
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
September 2021
Exhibit A
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
255
I.INTRODUCTION
The City of Bozeman (Owner), is seeking proposals from qualified contractors to provide snow
and ice removal services for the Parks and Recreation Department.
The Owner intends to enter into a contract with the selected firm that will include snow and ice
removal services on an “as-needed” basis beginning October 15, 2021 through April 30, 2022.
Work is to be completed within 24 hours of notification from the Parks and Recreation
Superintendent.
This RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred
in preparation of any response to this request, or to procure or contract for any supplies, goods
or services. The Owner reserves the right to accept or reject all responses received as a result of
this RFP if it is in the Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all Submitters agree to be bound by the laws of the State of Montana
and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II.PROJECT BACKGROUND AND DESCRIPTION
On May 5, 2020, the City of Bozeman approved the Bozeman Parks and Trails Special District
(District). With the endorsement of Bozeman resident’s the District granted the City
authorization to conduct annual levy assessments for funding to maintain and operate all of the
City owned parks and trails. To accomplish the District objectives the City has developed a
multi-year Parks and Trails District implementation plan designed to achieve steady calculated
increases in level of service standards and sustainable maintenance practices in all City Parks.
On July 1, 2020, the City’s Parks and Recreation Department assumed full responsibility for all
of the District’s designated park properties including the addition of 217 acres of park land
located within subdivision parks previously maintained by home owners/community
associations. To address the requirements for all maintenance, operations, capital and deferred
maintenance needed in the new District the City will establish contracts for professional
services with qualified contractors.
The City of Bozeman is seeking proposals from contractors to perform grounds and landscape
maintenance for parks, trails and amenities within the District. Contractor will provide services
to ensure that City landscapes are effectively and efficiently maintained for the benefit of the
city and its residents. The selected contractor will begin snow removal services in October 2021
and continue services through the completion of the winter season at the end of April 2022.
Exhibit A
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
256
The routine services will be conducted for approximately a 28 week period in total or
approximately 7 months per year.
III.SCOPE OF SERVICES
The City of Bozeman Parks and Recreation Department is in need of a contractor to remove
snow and ice from sidewalks and park areas within the Bozeman city limits. Snow removal will
be performed on an “as needed” schedule during 2021-2022 winter season.
The scope of services includes:
1.The Contractor is to perform snow and ice removal of sidewalks, pedestrian crossings
any other areas as determined by the Parks Superintendent. Services shall be
completed through various methods such as, but not limited to: chipping, ice melts,
blowing, shoveling, plowing, etc.
2.The Contractor shall use equipment no wider than the sidewalk which is being cleaned.
Equipment shall be of a weight that will not damage the sidewalk or adjacent property.
The contractor shall maintain his operation within the public right of way.
3.Snow and ice must be completely removed from the sidewalks before payment will be
made to the contractor and shall not be moved into streets. If salt or other chemicals
are used to loosen ice, only the minimum amount of salt or other chemicals will be
used to adequately perform this function and the contractor shall refrain from
depositing any resulting salt/ice mixture onto private property, grassed, or landscaped
area.
4.Snow and ice removal shall commence within twenty-four (24) hours after notice by the
City is given to the contractor. The Contractor may be required to work on any day of
the week, including holidays.
Other related services may be requested on an as needed basis. Locations may be added or
removed from the contract at any time. The final scope of services may change and will be
contained in a professional services agreement to be executed by the City and the selected
Contractor.
IV.PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as listed in this RFP and
should identify the item to which the responses applies.
Proposal shall provide the following information, include, at a minimum, the following items:
Exhibit A
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
257
1.An executive summary not exceeding two pages which summarizes key points of the
proposal and which is signed by an officer of the firm who is responsible for committing
the firm’s resources.
2.A narrative describing the contractor’s qualifications as they relate to the Scope of
Services, including the contractor’s availability of staffing to perform the tasks and
response times for work requests submitted by the City Parks and Recreation
Department.
3.Provide a quote for fixed per hour rate for services listed within Scope of Services. Cost
must include and define all equipment, labor, materials provided and description for all
service provided at fixed per hour rate.
4.Provide a quote for fixed per hour rate for additional services available if not listed in
the scope of services. Include description of all equipment, labor and materials provided
at fixed per hour cost. Provide additional information is needed to describe all services.
5.Contractor shall include any current industry professional certifications, relevant
expertise or experience, three (3) references for similar completed work and work
previously/currently being performed for the City of Bozeman.
Affirmation of Nondiscrimination (see Appendix A)
Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of
firms.
V.TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFQ Sunday, September 19, 2021
Sunday, September 26, 2021
Deadline for receipt of proposals No later than 2 PM, MST, October 7, 2021
Evaluation of proposals TBD
Interviews (if necessary) and Selection of
consultants
TBD
With the exception of the advertising dates and advertised due date, the City reserves the right
to modify the above timeline.
Deliver RFPs via email to the City Clerk (agenda@bozeman.net) by October 7th at 2PM MST. It is
the sole responsibility of the proposing party to ensure that proposals are received prior to the
closing time as late submittals will not be accepted and will be returned unopened. All
proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address agenda@bozeman.net.
Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one
Exhibit A
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
258
PDF file will be allowed per response. The subject line of the transmittal email shall clearly
identify the RFP title, company name and due date/time. File sizes greater than 25MB in size
may be uploaded to bzncloud.bozeman.net upon special arrangement of the Recipient;
however, it is the respondent’s sole responsibility to ensure the file upload is completed, and
that the Recipient is separately notified via email of same, prior to the given deadline.
VI.AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 2 PM MST on September 30th, 2021.
VII.CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be directed to: Mike Maas,
City Clerk, (406) 582-2321, agenda@bozeman.net
Questions relating to scope of services should be directed to: Luke Kline, Contracts
Coordinator, lkline@bozeman.net , and (406) 582-2290.
VIII.SELECTION PROCEDURE
A review committee will evaluate all responses to the RFP that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered.
The review committee will rank the proposals and may arrange interviews with the finalist(s) prior
to selection. Selection may be made directly based on the written RFP submission.
If interviews occur, the selection of finalists to be interviewed will be made by a selection
committee representing the City of Bozeman. The selection of interview candidates will be based
on an evaluation of the written responses to the RFPs.
All submitted proposals must be complete and contain the information required as stated in the
"Request for Proposals.”
IX.SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
•[10 points] Executive Summary
•[60 points] Qualifications of the Firm for Scope of Services; Cost
•[30 points] Related Experience with Similar Projects
Exhibit A
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
259
X.FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same
form as the professional services agreement attached as Appendix B.
XI.CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
All proposals submitted in response to this RFP become the property of the City and public
records and, as such, may be subject to public review.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE.
A.This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFP, all Respondents who submitted will be notified using email.
B.The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest.
C.The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
D.The City of Bozeman reserves the right to determine the best qualified Contractor and
negotiate a final scope of service and cost, negotiate a contract with another Contractor
if an agreement cannot be reached with the first selected Contractor, or reject all
proposals.
E.The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Appendix B for form of professional services agreement. The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
F.This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
Exhibit A
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
260
request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
G.The City reserves the right to cancel, in part or in its entirety, this RFP including, but not
limited to: selection procedures, submittal date, and submittal requirements. If the City
cancels or revises this RFP, all Contractors who submitted proposals will be notified
using email.
H.Projects under any contract are subject to the availability of funds.
XII.NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that it will not discriminate on the basis of race, color, religion, creed,
sex, age, marital status, national origin, or because of actual or perceived sexual orientation,
sexual preference, gender identity, or disability in fulfillment of a contract entered into for the
services identified herein and that this prohibition on discrimination shall apply to the hiring
and treatment of the submitting entity’s employees and to all subcontracts it enters into in
the fulfillment of the services identified herein. Failure to comply with this requirement shall
be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the
Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited
the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication
and has read the material.
XIII.MISCELLANEOUS
A.No Oral Agreements. No conversations or oral agreements with any officer, employee, or
agent of the City shall affect or modify any term of this solicitation. Oral communications
or any written/email communication between any person and City officer, employee or
agent shall not be considered binding.
B.No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C.Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee of
the City. No rights of the City’s retirement or personnel rules accrue to a respondent,
Exhibit A
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
261
its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums appurtenant thereto concerning
its officers, employees, contractors, and consultants. Each Respondent shall save and
hold the City harmless with respect to any and all claims for payment, compensation,
salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each respondent’s officers,
employees, contractors and consultants.
D.Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the ADA Coordinator
Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301.
E.Procurement. When discrepancies occur between words and figures in this solicitation,
the words shall govern. No responsibility shall attach to a City employee for the
premature opening of an RFP not properly addressed and identified in accordance with
these documents.
F.Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws
of the State of Montana, without reference to principles of choice or conflicts of laws.
XIV.ATTACHMENTS
The following exhibits are incorporated in this RFP:
Appendix A: Non-Discrimination Affirmation
Appendix B: Form of Professional Services Agreement
END OF RFP
Exhibit A
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
262
K2 Ventures INC
Exhibit B
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
263
Profile
Name
K2 Ventures INC
EIN:85-3254226
Address and Location
2545 Spain Bridge road,
Belgrade, Mt, 59714
Contact Persons
Justin Kuntz
President
(406) 539-0838
K2venturesmt@gmail.com
Daniel Kappes
Vice President
(406) 595-4779
K2venturesmt@gmail.com
Experience and Expertise
K2 Ventures has 20+ years experience providing snow plowing services to the bozeman
area. Using our past experience we have made our company a “one stop shop” for
snow removal needs using the following equipment and employees:
● 14 Employees
● 10 Trucks with plows
● Two skid steers with plows
● One loader with plow
● Two, four wheelers with plows
● Sand/salt truck
● Liquid Magnesium Chloride Truck
Exhibit B
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
264
Pricing
● Hand shoveling- $65/ Hour
○ Any work that involves a single person and a snow shovel.
● Four wheeler with Plow- $120/hour
○ 2021 Polaris 850 with Boss hydraulic plows.
● Skid steer with plow- $180/ hour
○ Either a bobcat 650 or 570 with a bucket or Kage plow
● Skid steer with Snow blower- $210/ Per hour
○ Either a bobcat 650 or 570 with bobcat snow blower
● Mini skid steer with Bucket- $165/ Hour
● Mini excavator- $155/ hour
○ Either a Cat 303.5 or 304. Used most efficiently to remove heavy ice.
● Magnesium Chloride Granular salt- 4.5/ pound applied
● Liquid magnesium chloride- $3.75/ Gallon Applied
● Sanding- $65/per hour and $.05 per pound of sand
Pricing
Price list for the equipment Class II & III Trail Maintenance. Specialized attachments for the
equipment will be billed out at an additional fee if necessary. (Additional materials to complete
work purchased separate at itemized as price per. ton / price per cubic yard / or other)
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
265
References
Bozeman Public Schools
Snow removal
Mathew Stark
406-522-4879
Bozeman Code Compliance
Sidewalk snow Removal
Ken Philips
UPS
Ron Proffit
406-871-2500
US Post office
Carrie Brekke
Carrie.L.Brekke@usps.gov
Saddle Peak Property Management
Lindsay Freitas
406-599-2613
lindsay@saddlepeakproperties.com
Exhibit B
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
266
Attachment A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
I ,,/ .. ""
/� 'Z l),:,;1,-tv[<>�) /z N c-(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer's employees and to all subcontracts.
)';/'
In addition, fl./ I )triJ.;'-(·'l 5, , ·t:..c/ (name of entity submitting) hereby affirms it will abide by the Equal Pa/Kc:t of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work "best practices" website, https://wayback.arch ive-it.org/ 499/20210701223409/https:/ eg ualpay.mt.gov /, or equivalent "best practices publication and has read the material.
Exhibit B
DocuSign Envelope ID: 899483F0-EFE5-478A-A5D6-F9FA2B97D951DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
267
First Amendment to Professional Services Agreement for K2 Ventures Inc.
FY 2023 – FY 2024 Page 1 of 2
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Parks and Trials District Snow Removal Services dated December 7, 2021 (the “Agreement”) is
made and entered into this _____ day of ____________, 2022, 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 K2
Ventures Inc., 2545 Spain Bridge Road, Belgrade, MT 59714 hereinafter referred to as
“Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1.Section 31 of the Agreement is replaced in its entirety with the following:
31. Extensions: This Agreement may, upon mutual agreement, be extended for a period
of one (1) year by written agreement of the Parties. In no case, however, may this
Agreement run longer than five years.
2.Extension of Term: Section 31. Extensions: Professional Service Agreement between
City and Contractor dated December 7, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on December 7, 2023.
3.Section 4 Payment: Snow removal and additional miscellaneous services described in
the Agreement as Exhibit B are listed for clarification in the Attachment A Schedule of
Services Table provided by K2 Ventures Inc.
4.Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
6 December
268
First Amendment to Professional Services Agreement for K2 Ventures Inc.
FY 2023 – FY 2024 Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA K2 Ventures Inc.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
Daniel Kappes
vice President
269
1 | Page
Attachment A
Pricing
● Hand shoveling- $65/ Hour
○ Any work that involves a single person and a snow shovel. ● Four wheeler with Plow- $120/hour ○ 2021 Polaris 850 with Boss hydraulic plows. ● Skid steer with plow- $180/ hour
○ Either a bobcat 650 or 570 with a bucket or Kage plow
● Skid steer with Snow blower- $210/ Per hour ○ Either a bobcat 650 or 570 with bobcat snow blower ● Mini skid steer with Bucket- $165/ Hour ● Mini excavator- $155/ hour
○ Either a Cat 303.5 or 304. Used most efficiently to remove heavy ice.
● Magnesium Chloride Granular salt- 4.5/ pound applied ● Liquid magnesium chloride- $3.75/ Gallon Applied ● Sanding- $65/per hour and $.05 per pound of sand
Pricing
Clarification of additional services and pricing for the equipment/maintenance services
provided in PSA K2 Ventures Snow removal services contract Exhibit B. Please see
Equipment and Labor Rate Table and described services below. Specialized attachments for the equipment will be billed out at an additional fee if necessary. (Additional materials to complete work purchased separate at itemized as price per. ton / price per cubic yard / or other)
DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
270
2 | Page
K2 VENTURES HOURLY EQUIPMENT AND LABOR RATES TABLE
Lawn Care Maintenance Perform various grounds maintenance functions; mows, trims, edges, fertilizes, aerates, and waters lawns, medians, and other City easement areas; weed, prune, mulch, feed, fertilize, and irrigate plants, shrubs, trees, and ground-cover. Price will be a fixed cost per location if services are desired for lawn maintenance. Price will include mowing/ trimming cost as well as additional services such as weed pulling and spraying. Landscaping
Installation of new flowers, trees, grass, hedges, and bushes, rock, mulch, etc. Landscaping can be a new project or adding on to or replacing existing landscaping.
Price- Please reference Hourly equipment and labor rates table.
Dirt work
Digging, moving, grading and trenching jobsite areas. Dirt work includes but is not limited to all acts of excavation, landscaping, hard scaping, concrete prep, and demolition.
Price- Please reference Hourly equipment and labor rates table.
Trail Maintenance (Includes All City of Bozeman Trail Classifications I – V)
Includes but is not limited to installation of new trail systems, revamping and maintenance of existing trail systems, mowing, and weed spraying. Price- Please reference Hourly equipment and labor rates table. Playground Maintenance Adding or removing new wood chips (or other mediums) to playgrounds. Extending the current playground.
Price- Please reference Hourly equipment and labor rates table.
DocuSign Envelope ID: AEB9F6F5-DD7D-480F-A1CA-F22F68C294E4
271
Second Amendment to Professional Services Agreement for K2 Ventures Inc. FY 2024 – FY 2025 Page 1 of 2
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR Parks and Trials District Snow Removal Services dated December 7, 2021 (the
“Agreement”) is made and entered into this _____ day of ____________, 2023, 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 K2 Ventures Inc., 2545 Spain Bridge Road, Belgrade,
MT 59714 hereinafter referred to as “Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree to amend the Agreement
as follows:
1.Extension of Term: Section 31. Extensions: Professional Service Agreement between
City and Contractor dated December 7, 2021 is extended for an additional one (1) year
period. The Agreement shall terminate on December 7, 2024.
2.Agreement still valid. All remaining terms and provisions of the Agreement remain
valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: 78AA99C7-6E47-4346-9C9E-7D8EFDA30570
November21st
272
First Amendment to Professional Services Agreement for K2 Ventures Inc. FY 2024 – FY 2025 Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA K2 Ventures Inc.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 78AA99C7-6E47-4346-9C9E-7D8EFDA30570
vice President
Daniel Kappes
273
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5636 Modification of Special Improvement Lighting District 766
for Northwest Crossing Ph 1 & 2.1 to include phases 2.2 and 2.3.
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Approve Commission Resolution No. 5636
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated (MCA) 7-12-4301 authorizes special improvement
districts to be created to pay for the cost of operating and maintaining
streetlights and to assess costs to benefitted property owners. (MCA) 7-12-
4351 authorizes the major modification of an existing special improvement
lighting district.
Bozeman Municipal Code Sec.38.270.030 subsection A line 4 requires that
prior to final plat approval, lighting must be installed or secured.
Lighting District 766 was modified in November of 2023 to include phases 1
and 2.1 of Northwest Crossing Subdivision. This modification expands the
district to include phases 2.2 & 2.3 for which final plat approval is being
submitted.
The provisions in MCA 7-12-4302 through 7-12-4305 for the content of the
resolution, public notice, protest, and consideration of protest that apply to
the creation of a special improvement lighting district also apply to the
modification of an existing special improvement lighting district authorized
by this section.
UNRESOLVED ISSUES:None
ALTERNATIVES:N/A
FISCAL EFFECTS:As a result of modifying this lighting district, the City will pay the associated
274
power bills and schedule system maintenance. Costs will be recovered by
billing property owners each year on their City Assessment bill. It is
estimated to cost $36.83 per acre within the district or $1,521.72 annually
for the entire district.
Attachments:
Resolution 5636-Modify SILD 766-NWX to include Ph 2.2 &
2.3.doc
Report compiled on: September 10, 2024
275
Page 1 of 4
RESOLUTION 5636
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 766
(NORTHWEST CROSSING PH 1 & 2.1) TO INCLUDE PHASES 2.2 AND 2.3 TO THIS
DISTRICT FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY
THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL
ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Passage of Resolution of Intention. This Commission, on September 24, 2024, adopted Resolution
No5635(the “Resolution of Intention”), pursuant to which this Commission declared its intention to
modify a special lighting district, designated as Special Lighting District No. 766 (Northwest
Crossing Ph 1 & 2.1-2.3) of the City (the “District”), under Montana Code Annotated, Title 7,
Chapter 12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local
improvements described generally therein (the “Improvements”) and paying costs incidentalthereto,
including costs associated with the Modification and administration of the District.
Section 2
Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published,
posted and mailed in all respects in accordance with law, and this Commission did hear and pass
upon any written protests against. The meeting of this Commission at which this resolution was
adopted is the first regular meeting of the Commission following the expiration of the period ended
15 days after the first date of publication of the notice of passage of the Resolution of Intention (the
276
Resolution 5636, Modification of SILD 766
Page 2 of 4
“Protest Period”).
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4
Modification of the District; Insufficiency of Protests. The District is hereby created on the terms
and conditions set forth in and otherwise in accordance with, the Resolution of Modification. The
findings and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5
Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all
necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in
conformance with Section 7-12-4328, M.C.A., on or before the first Tuesday in October.
The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public
hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final
passage of such resolution deliver it to the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 766 Fund (the “Fund”). All money derived from the collection of the
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to
pay costs of the Improvements.
277
Resolution 5636, Modification of SILD 766
Page 3 of 4
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
October 22, 2024.
___________________________
TERENCE CUNNINGHAM
ATTEST:Mayor
____________________________________
ALEX NEWBY
Deputy City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
278
Resolution 5636, Modification of SILD 766
Page 4 of 4
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of Bozeman,
Montana (the “City”), hereby certify that the attached resolution is a true copy of Resolution No 5636
entitled: “A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, MODIFYING SPECIAL IMPROVEMENT LIGHTING DISTRICT NO 766
(NORTHWEST CROSSING PH 1 & 2.1) TO INCLUDE PHASES 2.2 AND 2.3 TO THIS
DISTRICT FOR ASSESSING THE COSTS FOR MAINTENTANCE AND ENERGY
THEREFORE TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.”
5636 (the “Resolution”), is on file in the original records of the City in my legal custody; that the
Resolution was duly adopted by the City Commission of the City at a meeting on October 22, 2024
and that the meeting was duly held by the City Commission and was attended throughout by a
quorum, pursuant to call and notice of such meeting given as required by law; and that the
Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof:
_______________________________________________ ; voted against the same: ;
abstained from voting thereon: ; or were absent: .
WITNESS my hand officially this 22nd day of October 2024.
___________________________________
Alex Newby
Deputy City Clerk
279
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5638 Creation of Special Improvement Lighting District 787
Homestead at Buffalo Run
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5638 Creation of Special Improvement
Lighting District 787 Homestead at Buffalo Run
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:The Commission did on September 24, 2024, adopt Commission Resolution
No. 5637 Intent to Create Special Improvement Lighting District 787
Homestead at Buffalo Run as per MCA 7-12-4301. The property owner has
been noticed of the public hearing on this date. Creating a lighting district is
a requirement of final plat approval.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
estimated to cost $16.76 per acre within the district or $340.62 annually for
the entire district.
Attachments:
Resolution 5638-Creation of SILD 787.doc
Report compiled on: September 10, 2024
280
Page 1 of 4
RESOLUTION 5638
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO.787HOMESTEAD AT BUFFALO
RUN CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING
IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND ENERGY
THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Passage of Resolution of Intention. This Commission, onSeptember 24, 2024, adoptedResolution
No. 5637 (the “Resolution of Intention”), pursuant to which this Commission declared its intention
to create a special lighting district, designated as Special Lighting District No. 787 (Homestead at
Buffalo Run) of the City (the “District”), under Montana Code Annotated, Title 7, Chapter 12, Part
43, as amended (the “Act”), for the purpose of financing costs of certain local improvements
describedgenerally therein (the “Improvements”) and paying costs incidental thereto, including costs
associated with the creation and administration of the District.
Section 2
Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published,
posted and mailed in all respects in accordance with law, and on October 22,2024, thisCommission
approved the creation of the District and the making of the Improvements. The meeting of this
281
Resolution 5638, Creation of SILD 787 – HOMESTEAD AT BUFFALO RUN
Page 2 of 4
Commission at which this resolution was adopted is the first regular meeting of the Commission
followingthe expiration of the period ended 15 days after the first date of publication of the notice of
passage of the Resolution of Intention (the “Protest Period”).
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4
Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and
conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings
and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5
Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all
necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in
conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October.
The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public
hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final
passage of such resolution deliver it to the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 787 Fund (the “Fund”). All money derived from the collection of the
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to
282
Resolution 5638, Creation of SILD 787 – HOMESTEAD AT BUFFALO RUN
Page 3 of 4
pay costs of the Improvements.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22
nd day of October 2024.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
________________________________________
ALEX NEWBY
Deputy City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
283
Resolution 5638, Creation of SILD 787 – HOMESTEAD AT BUFFALO RUN
Page 4 of 4
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5638 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 787(HOMESTEAD
AT BUFFALO RUN); CREATING THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE
LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City
in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a
meeting on September 24, 2024andthat the meeting was duly held by the City Commission and was
attended throughout by a quorum, pursuant to call and notice of such meeting given as required by
law; and that the Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof:______________________________________
_______________________________ ; voted against the same: _________________________;
abstained from voting thereon: ________________ ; or were absent:__________________.
WITNESS my hand officially this 22nd day of October 2024.
___________________________________
ALEX NEWBY
Deputy City Clerk
284
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5642 Creation of Special Improvement Lighting District 788 Hyatt
House Hotel Bozeman
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5642 Creation of Special Improvement
Lighting District 788 Hyatt House Hotel Bozeman
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:The Commission did on September 24, 2024, adopt Commission Resolution
No. 5641 Intent to Create Special Improvement Lighting District 788 Hyatt
House Hotel Bozeman as per MCA 7-12-4301. The property owner has been
noticed of the public hearing on this date. Creating a lighting district is a
requirement of final plat approval.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
estimated to cost $33.54 per acre within the district or $109.20 annually for
the entire district.
Attachments:
Resolution 5642-Creation of SILD 788.doc
Report compiled on: September 10, 2024
285
Page 1 of 4
RESOLUTION 5642
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO LIGHTING DISTRICT NO. 788 HYATT HOUSE HOTEL
BOZEMAN CREATING THE DISTRICT FOR THE PURPOSE OF MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND
ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL
ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman, Montana (the “City”), as follows:
Section 1
Passage of Resolution of Intention. This Commission, onSeptember 24, 2024, adoptedResolution
No. 5641 (the “Resolution of Intention”), pursuant to which this Commission declared its intention
to create a special lighting district, designated as Special Lighting District No. 788 (HYATT HOUSE
HOTEL BOZEMAN)ofthe City (the “District”), under Montana Code Annotated, Title 7, Chapter
12, Part 43, as amended (the “Act”), for the purpose of financing costs of certain local improvements
describedgenerally therein (the “Improvements”) and payingcostsincidental thereto, including costs
associated with the creation and administration of the District.
Section 2
Notice and Public Hearing. Notice of passage of the Resolution of Intention was duly published,
posted and mailed in all respects in accordance with law, and on October 22, 2024, this Commission
286
Resolution 5642, Creation of SILD 788 – HYATT HOUSE HOTEL BOZEMAN
Page 2 of 4
approved the creation of the District and the making of the Improvements. The meeting of this
Commission at which this resolution was adopted is the first regular meeting of the Commission
following theexpiration of the period ended 15 days after the first date of publication of the notice of
passage of the Resolution of Intention (the “Protest Period”).
Section 3
Protests. Within the Protest Period, no protests were filed with the City Clerk.
Section 4
Creation of the District; Insufficiency of Protests. The District is hereby created on the terms and
conditions set forth in and otherwise in accordance with, the Resolution of Intention. The findings
and determinations made in the Resolution of Intention are hereby ratified and confirmed.
Section 5
Preparation and Levying of Assessments. It shall be the duty of the City Clerk to prepare all
necessary schedules and resolutions for the levying of assessments in the District necessary to
finance the Improvements and present such resolution to this Commission for adoption in
conformance with Section 7-12-4328, M.C.A., on or before the first Monday in October.
The City Clerk is authorized to provide notice of the resolution of assessment and schedule a public
hearing therefore in conformance with Sections 7-12-4329 and 7-12-4330, M.C.A., and upon final
passage of such resolution deliver it to the City Treasurer.
Section 6
Lighting District Fund Established. There is hereby created a fund to be known as the Special
Lighting District No. 788 Fund (the “Fund”). All money derived from the collection of the
287
Resolution 5642, Creation of SILD 788 – HYATT HOUSE HOTEL BOZEMAN
Page 3 of 4
assessments as provided in Section 5 herein and the Act shall be deposited in the Fund and used to
pay costs of the Improvements.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22
nd day of October 2024.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
________________________________________
ALEX NEWBY
Deputy City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
288
Resolution 5642, Creation of SILD 788 – HYATT HOUSE HOTEL BOZEMAN
Page 4 of 4
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5642 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT 788(HYATT HOUSE
HOTEL BOZEMAN); CREATING THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE
LEVY OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City
in my legal custody; that the Resolution was duly adopted by the City Commission of the City at a
meeting on October 22, 2024 and that the meeting was duly held by the City Commission and was
attended throughout by a quorum, pursuant to call and notice of such meeting given as required by
law; and that the Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof:______________________________________
_______________________________ ; voted against the same: _________________________;
abstained from voting thereon: ________________ ; or were absent:__________________.
WITNESS my hand officially this 22nd day of October 2024.
___________________________________
ALEX NEWBY
Deputy City Clerk
289
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5652 Intent to Create a Special Improvement Lighting District 790
for North Central Master Plan
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5652, Intent to Create Special
Improvement Lighting District 790 for North Central Master Plan
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:7-12-4301. Special improvement districts for lighting streets authorized.
(1) The council of any city or town is authorized to:
(a) create special improvement districts embracing any street or streets or
public highway therein or portions thereof and property adjacent thereto or
property which may be declared by said council to be benefited by the
improvement to be made for the purpose of lighting such street or streets or
public highway;
(b) require that all or any portion of the cost of installing and maintaining
such lighting system be paid by the owners of the property embraced within
the boundaries of such districts; and
(c) assess and collect such portion of such cost by special assessment
against said property.
(2) The governing body may create special lighting districts on any street or
streets or public highway for the purpose of lighting them and assess the
costs for installation and maintenance to property abutting thereto and
collect the costs by special assessment against the property
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
290
by billing property owners each year on their City Assessment bill. It is
estimated to cost $158.62 per acre within the district or $875.04 annually for
the entire district.
Attachments:
Resolution 5652-Intent to Create SILD 790.docx
Schedule A.pdf
Exhibit B.pdf
Report compiled on: September 24, 2024
291
Page 1 of 9
RESOLUTION 5652
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO.
790 (NORTH CENTRAL MASTER PLAN)DECLARING IT TO BE THE INTENTION
OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE
LEVY OF SPECIAL ASSESSMENT.
BE IT RESOLVED by the City Commission (the “Commission”) of the City of
Bozeman (the “City”), Montana, as follows:
Section 1
Intention to Create District; Proposed Improvements.It is the intention of this
Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter
12, Part 43, as amended, a special improvement lighting district to serve NORTH CENTRAL
MASTER PLAN (the “District”) for the purpose of maintenance and energy costs.The district
will pay the maintenance and energy costs for two (2)38 watt Lumec RoadFocus by Signify
Cobrahead small luminaire lights on a single six foot mast arm on round tapered black textured
steel poles, mounted at 30 feet;fourteen (14) 48 watt Invue Arbor post top by Cooper Lighting
decorative luminaire lights on a straight black steel poles, mounted at 18 feet; and twenty-two (22)
48 watt Invue Arbor post top by Cooper Lighting decorative luminaire lights on a single straight
black steel poles, mounted at 14 feet, per City of Bozeman standards. The initial monthly charge
per fixture per month (the “Monthly Charge”) is estimated as follows: $1.54 per 38 watt LED
292
Resolution 5652, Intent to Create Lighting District 790
Page 2 of 9
fixture and $1.94 per 48 watt LED fixture. This calculates annually to $18.48 per 38 watt light
and $23.28 per 48 watt light $875.04 in total.
Section 2
Number of District. The District, if the same shall be created and established, shall be known and
designated as Special Improvement Lighting District No. 790 (NORTH CENTRAL MASTER
PLAN) of the City of Bozeman, Montana.
Section 3
Boundaries of District. The limits and boundaries of the District are depicted on a map attached as
Exhibit A hereto (which is hereby incorporated herein and made a part hereof), which boundaries
are designated and confirmed as the boundaries of the District. A listing of each of the properties
in the District is shown on Exhibit B hereto (which is hereby incorporated herein and made a part
hereof).
Section 4
Benefited Property. The District and territory included within the limits and boundaries described
in Section 3 and as shown on Exhibit A are hereby declared to
be the special lighting district and the territory which will benefit and be benefited by the
Improvements and will be assessed for the costs of the Improvements as described in Section 1.
The Improvements, in the opinion of this Commission, are of more than local and ordinary benefit.
The property included within said limits and boundaries is hereby declared to be the property
benefited by the Improvements.
Section 5
Assessment Methods. All properties within the District are to be assessed for a portion of the
maintenance and energy costs, as specified herein. The maintenance and energy costs shall be
assessed against the property in the District benefiting, based on the actual area method of
assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this
Section 5.The annual maintenance and energy costsareestimated at $875.04, and shall be assessed
against each lot, tract or parcel of land in the District for that part of the costs that the area of such
293
Resolution 5652, Intent to Create Lighting District 790
Page 3 of 9
lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the District, exclusive
of streets, avenues and alleys. The total area of the District to be assessed is 5.51665 acres, or
240,305 square feet, exclusive of parks and open space. The initial costs of the improvements per
acre shall be $158.62 or $0.003642 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy costs are
estimated at $875.04, plus any increases, as may be permitted by the Public Service Commission,
and any additional authorized charges shall be levied each year against all properties in the District
and shall be payable in equal semiannual installments. The first year of special assessment billing
will include an additional amount not to exceed $500 for publication and mailing associated with
creation of the District which shall be assessed in the same manner as the Improvements resulting
in a cost not to exceed $249.26 per acre, or $0.005722 per square foot.
Section 7
Extraordinary Repair or Replacement. The maintenance and energy costs and assessments set
forth in Section 1 and 5 are based on normal conditions and do not cover charges for repair and/or
replacement. The City may make an additional charge to the District for costs of labor and actual
material costs for repairs and/or replacement of the fixtures for damage caused by third parties and
not paid by such third parties. The City will assess such costs and charges against the properties
in the District in the same manner as the other assessment is made.
Section 8
Discontinuation of District. If at any time after the initial term of the District a petition is presented
to the City Commission, signed by the owners or agents of more than three-fourths of the total
amount of property within the District, asking that the maintenance and operation of the special
lighting system and the furnishing of electrical current in the district be discontinued, or if a
majority of the City Commission votes to discontinue the District, the City Commission shall, by
resolution, provide for discontinuing the maintenance and operation of the lighting system. If the
294
Resolution 5652, Intent to Create Lighting District 790
Page 4 of 9
Commission has, prior to the presentation of a petition or by a majority vote of the Commission to
discontinue the District, entered into any contract for the maintenance and operation of the lighting
system, the maintenance and operation may not be discontinued until after the expiration of the
contract.
Section 9
Public Hearing; Protests. Written protests against the creation or modification of the District and
the costs may be filed by an agent, person, firm or corporation owning real property within the
proposed District whose property is liable to be assessed for the costs. Such protests must be
delivered to the Deputy City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later
than 5:00 p.m., M.T., on Tuesday, November 12, 2024.
If protests are received by the deadline, the City Commission will hear and pass upon all written
protests against the creation or extension of the District, on Tuesday, November 19, 2024, at 6:00
p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If no protests
are received, the City Commission may, on the same date, time, and location, pass a Resolution
authorizing the creation or modification of the district.
Section 10
Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and directed to
publish or cause to be published a copy of a notice of the passage of this resolution in the Bozeman
Daily Chronicle, a newspaper of general circulation in the county on October 26, 2024 and
November 2, 2024 in the form and manner prescribed by law, and to mail or cause to be mailed a
copy of said notice to every person, firm, corporation, or the agent of such person, firm, or
corporation having real property within the District listed in his or her name upon the last
completed assessment roll for state, county, and school district taxes, at his last-known address, on
or before the same day such notice is first published.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22nd day of October 2024.
295
Resolution 5652, Intent to Create Lighting District 790
Page 5 of 9
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
ALEX NEWBY
Deputy City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
296
Resolution 5652, Intent to Create Lighting District 790
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5652, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT
LIGHTING DISTRICT NO. 790 (NORTH CENTRAL MASTER PLAN) DECLARING IT
TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT
FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND
ASSESSING THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO
BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT,(the
“Resolution”), on file in the original records of the City in my legal custody; that the Resolution
was duly adopted by the City Commission of the City of Bozeman at a meeting on October 22,
2024 and that the meeting was duly held by the City Commission and was attended throughout by
a quorum, pursuant to call and notice of such meeting given as required by law; and that the
Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof: _____
____________________ ; voted against the same: ___________ ___ ; abstained
from voting thereon: ________________ ; or were absent: _______________ .
WITNESS my hand officially this 22
nd day of October 2024.
___________________________________
ALEX NEWBY
DEPUTY CITY CLERK
297
Resolution 5652, Intent to Create Lighting District 790
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 790
(NORTH CENTRAL MASTER PLAN)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on October 22, 2024, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5652 to create Special Improvement Lighting District No. 790 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to NORTH CENTRAL
MASTER PLAN, and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”) No. 5652 is on file
with the City Clerk which more specifically describes the nature of the costs, the boundaries and
the area included in the District, the location of the Improvements and other matters pertaining
thereto and further particulars. A list of properties in the District and the amount of the initial
assessment accompanies this notice. The Resolution and accompanying exhibits may be also
viewed on the City’s website at www.bozeman.net.
The district will pay the maintenance and energy costs for two (2) 38 watt Lumec
RoadFocus by Signify Cobrahead small luminaire lights on a single six foot mast arm on round
tapered black textured steel poles, mounted at 30 feet; fourteen (14) 48 watt Invue Arbor post top
by Cooper Lighting decorative luminaire lights on a straight black steel poles, mounted at 18 feet;
and twenty-two (22) 48 watt Invue Arbor post top by Cooper Lighting decorative luminaire lights
on a single straight black steel poles, mounted at 14 feet, per City of Bozeman standards. The
initial monthly charge per fixture per month (the “Monthly Charge”) is estimated as follows: $1.54
per 38 watt LED fixture and $1.94 per 48 watt LED fixture. This calculates annually to $18.48
per 38 watt light and $23.28 per 48 watt light $875.04 in total.
Written protests against the creation or extension of the District and the costs may be
filed by an agent, person, firm or corporation owning real property within the proposed District
298
Resolution 5652, Intent to Create Lighting District 790
whose property is liable to be assessed for the costs. Such protests must be delivered to the City
Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T., on
November 12, 2024.
If protests are received by the deadline, the City Commission will hear and pass upon all
written protests against the creation or extension of the District, or the Improvements on Tuesday,
November 19, 2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave,
Bozeman, Montana. If no protests are received, the City Commission may, on the same date, time
and location, pass a Resolution authorizing the creation or modification of the district.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerk at City Hall, 121 N Rouse Ave, Bozeman, Montana or by
telephone at (406) 582-2320.
Dated: October 22, 2024.
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
_________________________________________
ALEX NEWBY
Deputy City Clerk
Legal Ad
Publication Dates:
Saturday, October 26, 2024
Saturday, November 2, 2024
299
Resolution 5652, Intent to Create Lighting District 790
RESOLUTION 5652
Resolution of Intent to create SILD No. 790 for the purpose of maintaining lighting and
assessing the cost for maintenance and energy to NORTH CENTRAL MASTER PLAN and
paying maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
ALEX NEWBY, Deputy City Clerk, being first duly sworn, says:
That I cause to be mailed first class the Notice in regard to the owners in Special
Improvement Lighting District No. 790, as listed in Exhibit "B", on Friday, October 25, 2024,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
ALEX NEWBY
Deputy City Clerk
300
LEGAL DESCRIPTIONBEALLS 3RD ADD, S07, T02 S,R06 E, BLOCK 4, LOT 1A,0.75 ACRES, PER PLAT C-44LOWNERIVES PROPERTY OWNER, LLC111 W LAMME ST STE 101BOZEMAN, MT 59715LEGAL DESCRIPTIONBEALLS 3RD ADD, S07, T02 S, R06 E,BLOCK 3, LOT 8-24 AND PORTION OFLOT 7A, 1.646 ACRES,PER PLAT C-44-NOWNERMEDICAL ARTS BUILDING, LLC300 N WILLSON AVEBOZEMAN, MT 5971514' ALLEY (ROW)NORTH GRAND AVE WEST BEALL STREETNORTH WILLSON AVE WEST VILLARD STREETNORTH WILLSON AVE
WEST VILLARD STREETNORTH TRACY AVE NORTH TRACY AVE LEGAL DESCRIPTIONBEALLS 3RD ADD, S07, T02 S, R06 E,BLOCK 3, LOT 1A, 0.56 ACRES,PER PLAT C-44NOWNERHENRY BUILDING, LLC111 W LAMME ST STE 101BOZEMAN, MT 59715LEGAL DESCRIPTIONTRACYS 3RD ADD, S07, T02 S, R06 E,BLOCK A, LOT 2-3, 1.09063 ACRES,PER PLAT C-18-DOWNERHOTEL BOZEMAN BUILDING, LLC111 W LAMME ST STE 101BOZEMAN, MT 59715LEGAL DESCRIPTIONTRACYS 3RD ADD, S07, T02 S, R06 E,BLOCK B, LOT 1A, 1.22 ACRES,PER PLAT C-18IOWNERWL HB ONE 11 LOFTS OWNER, LLC111 W LAMME ST STE 101BOZEMAN, MT 59715PROPOSED SILDBOUDARYPROFESSIONALENGINEERS &SURVEYORSNORTH CENTRAL
MASTER SITE PLAN STAHLYENGINEERING& ASSOCIATESWHI
BOZEMAN, MONTANA1 OF 1SILD EXHIBITPROPOSED SILD LIGHTING SPECIFICATIONS:TYPE R1 - 2 FIXTURESHEAD:LUMEC ROADFOCUS - RFS-35W32LED-2.7K-G2-R2M-UNV-DMG-HS-RAL#6005POLE: 30-FOOT ROUND TAPERED POLE W/ 6-FOOT MAST ARMTYPE S1 - 14 FIXTURESHEAD:COOPER ARB-B2-LED-D1-T3-BK-8027-ARPA4POLE: 18-FOOT STRAIGHT POLETYPE S2 - 22 FIXTURESHEAD:COOPER ARB-B2-LED-D1-T3-BK-8027-ARPA4POLE: 14-FOOT STRAIGHT POLE301
Subdivision Block Lot Sq Ft Owner Owner Address City State Zip
Bealls 3rd Add 4 1A 43,561 Ives Property Owner LLC 111 W Lamme St Bozeman MT 59715
Bealls 3rd Add 3 1A 24,394 Henry Building LLC 111 W Lamme St Bozeman MT 59715
Bealls 3rd Add 3 8-24 & 7A 71,700 Medical Arts Building LLV 300 N Willson Ave Bozeman MT 59715
Tracys 3rd Add B 1A 53,143 WL BL One 11 Lofts Owner LLC 111 W Lamme St Bozeman MT 59715
Tracys 3rd Add A 2-3 47,508 Hotel Bozeman Building LLC 111 W Lamme St Bozeman MT 59715
240,305 Total Square Feet
5.51665 Total Acreage
NORTH CENTRAL MASTER PLAN
302
Memorandum
REPORT TO:City Commission
FROM:Bernie Massey, Assistant Treasurer
Laurae Clark, Treasurer
Melissa Hodnett, Finance Director
SUBJECT:Resolution 5654 Intent to Create a Special Improvement Lighting District 791
for West Side Flats
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:Adopt Commission Resolution No. 5654, Intent to Create Special
Improvement Lighting District 791 for West Side Flats
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:7-12-4301. Special improvement districts for lighting streets authorized.
(1) The council of any city or town is authorized to:
(a) create special improvement districts embracing any street or streets or
public highway therein or portions thereof and property adjacent thereto or
property which may be declared by said council to be benefited by the
improvement to be made for the purpose of lighting such street or streets or
public highway;
(b) require that all or any portion of the cost of installing and maintaining
such lighting system be paid by the owners of the property embraced within
the boundaries of such districts; and
(c) assess and collect such portion of such cost by special assessment
against said property.
(2) The governing body may create special lighting districts on any street or
streets or public highway for the purpose of lighting them and assess the
costs for installation and maintenance to property abutting thereto and
collect the costs by special assessment against the property
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:As a result of creating this lighting district, the City will pay the associated
power bills and schedule system maintenance. We will recover these costs
by billing property owners each year on their City Assessment bill. It is
303
estimated to cost $15.48 per acre within the district or $127.44 annually for
the entire district.
Attachments:
Resolution 5654-Intent to Create SILD 791.docx
Exhibit A.pdf
Exhibit B.pdf
Report compiled on: October 10, 2024
304
Page 1 of 10
RESOLUTION 5654
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING
TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 791 (WEST SIDE FLATS)DECLARING IT TO
BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS OF MAINTENANCE AND
ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana to wit:
Section 1
Intention to Create District; Proposed Improvements.It is the intention of this
Commission to create and establish in the City under Montana Code Annotated, Title 7, Chapter
12, Part 43, as amended, a special improvement lighting district to serve West Side Flats (the
“District”) for the purpose of maintenance and energy costs.The district will pay the maintenance
and energy costs for three (3)24 watt Lumec RoadFocus by Signify Cobrahead small luminaire
lights on a single six foot mast arm on round tapered green textured steel poles, mounted at 25
feet;one (1) 29 watt Lumec RoadFocus by Signify Cobrahead small luminaire lights on a single six
foot mast arm on a round tapered green textured steel pole, mounted at 30 feet; and six (6) 9.5
watt Hadco by Signify Bollard pathway decorative luminaire lights on a single straight black steel
poles, mounted at 30 inches, per City of Bozeman standards. The initial monthly charge per
fixture per month (the “Monthly Charge”) is estimated as follows: $1.61 per 24 watt LED fixture,
$1.95 per 29 watt LED fixture and $.64 per 9.5 watt LED fixture. This calculates annually to $19.32
per 24 watt light, $23.40 per 29 watt light and $7.68 per 9.5 watt light for an annual total of
$127.44.
305
Resolution 5654, Intent to Create Lighting District 791
Page 2 of 10
Section 2
Number of District. The District, if the same shall be created and established, shall be
known and designated as Special Improvement Lighting District No. 791 (West Side Flats) of the
City of Bozeman, Montana.
Section 3
Boundaries of District. The limits and boundaries of the District are depicted on a map
attached as Exhibit Ahereto (which is hereby incorporated herein and made a part hereof), which
boundaries are designated and confirmed as the boundaries of the District. A listing of each of
the properties in the District is shown on Exhibit B hereto (which is hereby incorporated herein
and made a part hereof).
Section 4
Benefited Property. The District and territory included within the limits and boundaries
described in Section 3 and as shown on Exhibit A are hereby declared to
be the special lighting district and the territory which will benefit and be benefitedby the District
and will be assessed for the costs of the District as described in Section 1. The District, in the
opinion of this Commission, are of more than local and ordinary benefit. The property included
within said limits and boundaries is hereby declared to be the property benefited by the District.
Section 5
Assessment Methods. All properties within the District are to be assessed for a portion
of the maintenance and energy costs, as specified herein. The maintenance and energy costs
shall be assessed against the property in the District benefiting, based on the actual area method
of assessment described in Sections 7-12-4323, MCA, as particularly applied and set forth in this
Section 5. The annual maintenance and energy costs are estimated at $127.44, and shall be
assessed against each lot, tract or parcel of land in the District for that part of the costs that the
area of such lot, tract or parcel bears to the total area of all lots, tracts or parcels of land in the
District, exclusive of streets, avenues and alleys. The total area of the District to be assessed is
8.23177 acres, or 358,576 square feet, exclusive of parks and open space. The initial costs per
306
Resolution 5654, Intent to Create Lighting District 791
Page 3 of 10
acre shall be $15.48 or $0.000355 per square foot annually.
Section 6
Payment of Assessments. Special assessments for the annual maintenance and energy
costs are estimated at $127.44, plus any increases, as may be permitted by the Public Service
Commission, and any additional authorized charges shall be levied each year against all
properties in the District and shall be payable in equal semiannual installments. The first year of
special assessment billing will include an additional amount not to exceed $500 for publication
and mailing associated with creation of the District which shall be assessed in the same manner
as the Improvements resulting in a cost not to exceed $76.22 per acre, or $0.001750 per square
foot.
Section 7
Extraordinary Repair or Replacement. The maintenance and energy costs and
assessments set forth in Section 1 and 5 are based on normal conditions and do not cover charges
for repair and/or replacement. The City may make an additional charge to the District for costs
of labor and actual material costs for repairs and/or replacement of the fixtures for damage
caused by third parties and not paid by such third parties. The City will assess such costs and
charges against the properties in the District in the same manner as the other assessment is
made.
Section 8
Discontinuation of District. If at any time after the initial term of the District a petition is
presented to the City Commission, signed by the owners or agents of more than three-fourths of
the total amount of property within the District, asking that the maintenance and operation of
the special lighting system and the furnishing of electrical current in the district be discontinued,
or if a majority of the City Commission votes to discontinue the District, the City Commission
shall, by resolution, provide for discontinuing the maintenance and operation of the lighting
307
Resolution 5654, Intent to Create Lighting District 791
Page 4 of 10
system. If the Commission has, prior to the presentation of a petition or by a majority vote of
the Commission to discontinue the District, entered into any contract for the maintenance and
operation of the lighting system, the maintenance and operation may not be discontinued until
after the expiration of the contract.
Section 9
Public Hearing; Protests. Written protests against the creation or modification of the
District and the costs may be filed by an agent, person, firm or corporation owning real property
within the proposed District whose property is liable to be assessed for the costs. Protests must
be delivered to the City Clerks’ Office at City Hall, 121 N Rouse Ave, Bozeman, Montana not later
than 5:00 p.m., M.T., on Tuesday, November 12, 2024.
If protests are received by the deadline, the City Commission will hear and pass upon
all written protests against the creation or extension of the District, on Tuesday, November 19,
2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse Ave, Bozeman, Montana. If
no protests are received, the City Commission may, on the same date, time, and location, pass a
Resolution authorizing the creation or modification of the district.
Section 10
Notice of Passage of Resolution of Intention. The City Clerk is hereby authorized and
directed to publish or cause to be published a copy of a notice of the passage of this resolution
in the Bozeman Daily Chronicle, a newspaper of general circulation in the county on October 26,
2024 and November 2, 2024 in the form and manner prescribed by law, and to mail or cause to
be mailed a copy of said notice to every person, firm, corporation, or the agent of such person,
firm, or corporation having real property within the District listed in his or her name upon the
last completed assessment roll for state, county, and school district taxes, at his last-known
address, on or before the same day such notice is first published.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman,
308
Resolution 5654, Intent to Create Lighting District 791
Page 5 of 10
Montana, at a regular session thereof held on the 22nd day of October 2024.
___________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
309
Resolution 5654, Intent to Create Lighting District 791
CERTIFICATE AS TO RESOLUTION AND ADOPTING VOTE
I, the undersigned, being the duly qualified and acting recording officer of the City of
Bozeman, Montana (the “City”), hereby certify that the attached resolution is a true copy of
Resolution No. 5654, entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 791
(WEST SIDE FLATS) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE
THE DISTRICT FOR THE PURPOSE OF MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING
THE COSTS FOR MAINTENANCE AND ENERGY THEREFOR TO BENEFITED PROPERTY BY THE LEVY
OF SPECIAL ASSESSMENT,(the “Resolution”), on file in the original records of the City in my legal
custody; that the Resolution was duly adopted by the City Commission of the City of Bozeman at
a meeting on October 22, 2024 and that the meeting was duly held by the City Commission and
was attended throughout by a quorum, pursuant to call and notice of such meeting given as
required by law; and that the Resolution has not as of the date hereof been amended or repealed.
I further certify that, upon vote being taken on the Resolution at said meeting, the
following Commissioners voted in favor thereof: _____
____________________ ; voted against the same: ___________ ___ ; abstained
from voting thereon: ________________ ; or were absent: _______________ .
WITNESS my hand officially this 22
nd day of October 2024.
___________________________________
MIKE MAAS
CITY CLERK
310
Resolution 5654, Intent to Create Lighting District 791
NOTICE OF PASSAGE OF RESOLUTION OF INTENTION
TO CREATE SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 791
(WEST SIDE FLATS)
CITY OF BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN that on October 22, 2024, the City Commission (the
“Commission”) of the City of Bozeman, Montana (the “City”), adopted a Resolution of Intention
No. 5654 to create Special Improvement Lighting District No. 791 (the “District”) for the purpose
of maintaining lighting and assessing the cost for maintenance and energy to WEST SIDE FLATS,
and paying maintenance and energy costs relating thereto.
A complete copy of the Resolution of Intention (the “Resolution”)No. 5654 is on file with
the City Clerks' Office which more specifically describes the nature of the costs, the boundaries
and the area included in the District, the location of the Improvements and other matters
pertaining thereto and further particulars. A list of properties in the District and the amount of
the initial assessment accompanies this notice. The Resolution and accompanying exhibits may
be also viewed on the City’s website at www.bozeman.net.
The district will pay the maintenance and energy costs for three (3) 24 watt Lumec
RoadFocus by Signify Cobrahead small luminaire lights on a single six foot mast arm on round
tapered green textured steel poles, mounted at 25 feet; one (1) 29 watt Lumec RoadFocus by
Signify Cobrahead small luminaire lights on a single six foot mast arm on a round tapered green
textured steel pole, mounted at 30 feet; and six (6) 9.5 watt Hadco by Signify Bollard pathway
decorative luminaire lights on a single straight black steel poles, mounted at 30 inches, per City
of Bozeman standards. The initial monthly charge per fixture per month (the “Monthly Charge”)
is estimated as follows: $1.61 per 24 watt LED fixture, $1.95 per 29 watt LED fixture and $.64 per
9.5 watt LED fixture. This calculates annually to $19.32 per 24 watt light, $23.40 per 29 watt light
and $7.68 per 9.5 watt light for an annual total of $127.44. The first year of special assessment
311
Resolution 5654, Intent to Create Lighting District 791
billing will include an additional amount not to exceed $500 for publication and mailing
associated with creation of the District which shall be assessed in the same manner as the
Improvements resulting in a cost not to exceed $76.22 per acre, or $0.001750 per square foot.
Written protests against the creation or extension of the District and the costs may be
filed by an agent, person, firm or corporation owning real property within the proposed District
whose property is liable to be assessed for the costs. Such protests must be delivered to the City
Clerks' Office at City Hall, 121 N Rouse Ave, Bozeman, Montana not later than 5:00 p.m., M.T.,
on November 12, 2024.
If protests are received by the deadline, the City Commission will hear and pass upon
all written protests against the creation or extension of the District, or the Improvements on
Tuesday, November 19, 2024, at 6:00 p.m., in the Commission Room at City Hall 121 N Rouse
Ave, Bozeman, Montana. If no protests are received, the City Commission may, on the same date,
time and location, pass a Resolution authorizing the creation or modification of the district.
Further information regarding the proposed District or other matters in respect thereof
may be obtained from the City Clerks' Office at City Hall, 121 N Rouse Ave, Bozeman, Montana
or by telephone at (406) 582-2320.
Dated: October 22, 2024.
BY ORDER OF THE CITY COMMISSION
OF THE CITY OF BOZEMAN, MONTANA
_________________________________________
MIKE MAAS
City Clerk
Legal Ad
Publication Dates:
312
Resolution 5654, Intent to Create Lighting District 791
Saturday, October 26, 2024
Saturday, November 2, 2024
313
Resolution 5654, Intent to Create Lighting District 791
RESOLUTION 5654
Resolution of Intent to create Special Improvement Lighting District No. 791 for the
purpose of maintaining lighting and assessing the cost for maintenance and energy to WEST SIDE
FLATS and paying maintenance and energy costs relating thereto.
AFFIDAVIT OF MAILING
MIKE MAAS, City Clerk, being first duly sworn, says:
That I cause to be mailed first class the Notice in regard to the owners in Special
Improvement Lighting District No. 791, as listed in Exhibit "B", on Friday, October 25, 2024,
directed to the owners at the addresses shown on Exhibit "B".
______________________________
MKE MAAS
City Clerk
314
1143 STONERIDGE DR
SUITE 1
BOZEMAN, MT 59718
PH: 406.587.1115
www.imegcorp.com
315
Subdivision Block Lot ACCT #Sq Ft Owner Owner Address City State Zip
J & D Family Sub Ph 2 3 3 335630 5151 Fallon St 358,576 WSF LLC 2246 Boot Hill Ct Ste 1 Bozeman MT 59715
Square Footage 358,576 Total Square Feet
Acres 8.23177 Total Acreage
Address
WEST SIDE FLATS
316
Memorandum
REPORT TO:City Commission
FROM:Cody Flammond, Engineer II
Nick Ross, Director of Transportation and Engineering
SUBJECT:Resolution 5656 Authorizing Change Order 1 with Olympus Technical
Services, Inc for the 2024 Soil Vapor Extraction Extension Project at the Story
Mill Landfill
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize Change Order No. 1 with Olympus Technical Services, Inc for the
2024 Soil Vapor Extraction Extension Project at the Story Mill Landfill.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The city of Bozeman is responsible for environmental monitoring and
remediation of the Story Mill Landfill as directed by the Montana
Department of Environmental Quality (DEQ). In compliance with
remediation requirements, the city has contracted with Olympus Technical
Services to install seven soil vapor extraction (SVE) wells and the associated
buried piping for transmission of SVE gas to the existing gas handling system
on site at the Story Mill Landfill.
During construction, it was found that the existing piping was shallower than
expected and insulation needed to be installed to protect the piping from
freezing. Additionally, an existing landfill gas transmission pipe was closer to
the excavation than shown on the design drawings. During excavation, this
pipe was damaged and required repair.
Change Order No. 1 covers the installation of the insulation over the SVE
piping and repair to the existing landfill gas piping.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The original contract price was $374,917. The cost of the work covered by
Change Order No. 1 is $3,108.74. This will bring the final contract price to
$378,025.74. This work will be paid for using funds in the Solid Waste
Landfill Post-Closure budget for Capital Improvement Project (641-5910-
317
448.80-90).
Attachments:
Res5656_CO1_SVE.pdf
Report compiled on: October 2, 2024
318
ange Order 1 for the 2024 Soil Vapor Extraction Extension Project RESOLUTION NO. 5656 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH OLYMPUS TECHNICAL SERVICES, INC., HELENA, MONTANA FOR THE 2024 SOIL VAPOR EXTRACTION PROJECT. WHEREAS, the City Commission did, on the 2nd day of April 2024, authorize award of the bid for the 2024 Soil Vapor Extraction Extension Project to Olympus Technical Services, Inc., Helena, Montana; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and Olympus Technical Services, Inc., as contained in Change Order No. 1, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. 319
R Resolution No. 5656, Change Order 1 for the 2024 Soil Vapor Extraction Extension Project, Change Order 1 for the 2024 Soil Vapor Extraction Extension Project PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________, 20____. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 320
321
Date:9/20/2024
Client:
Project Name:
Olympus Project/Proposal No.:
Change Order 001 ODC 10%
Labor Quantity Unit Rate Cost
Project Manager 4 Hours $133.00 $532.00
Equipment Operator 4 Hours $110.00 $440.00
Groundman/Laborer 4 Hours $89.00 $356.00
Labor Subtotal $1,328.00
Materials & Equipment Quantity Unit Rate Cost
Pickup (1/2 ton, 3/4 ton, 1 ton)0.5 Day $80.00 $40.00
Mileage - P/U 0 Mile $1.00 $0.00
2-Ton Truck 0 Day $110.00 $0.00
Towing Velicle Mileage 25 Mile $1.50 $37.50
Materials & Equipment Subtotal $77.50
Other Direct Charges (ODC)Quantity Unit Rate ODC*Cost
Materials 17 Sheet $58.97 *$1,002.49
*$0.00
*$0.00
*$0.00
*$0.00
*$0.00
*$0.00
ODC Items*1002.49 10.0%$100.25
Other Direct Charges Subtotal $1,102.74
Comments/Notes:
1.Subtotal $2,508.24
2.
3.Contingency 0.0%$0.00
4.
5.GRAND TOTAL $2,508.24
Olympus Technical Services, Inc. Cost Estimate
0
00
322
Date:9/20/2024
Client:
Project Name:
Olympus Project/Proposal No.:
Gas Line Repair ODC 10%
Labor Quantity Unit Rate Cost
Project Manager 0.5 Hours $133.00 $66.50
Equipment Operator 1 Hours $110.00 $110.00
Groundman/Laborer 1 Hours $89.00 $89.00
Labor Subtotal $265.50
Materials & Equipment Quantity Unit Rate Cost
Pickup (1/2 ton, 3/4 ton, 1 ton)0.5 Day $80.00 $40.00
Towing Velicle Mileage 25 Mile $1.50 $37.50
Cat 336 Excavator 1 Hr $175.00 $175.00
Materials & Equipment Subtotal $252.50
Other Direct Charges (ODC)Quantity Unit Rate ODC*Cost
4" HDPE 15 Ft $3.00 *$45.00
Welder 1 HR $30.00 *$30.00
ODC Items*75 10.0%$7.50
Other Direct Charges Subtotal $82.50
Comments/Notes:
1.Subtotal $600.50
2.
3.Contingency 0.0%$0.00
4.
5.GRAND TOTAL $600.50
Olympus Technical Services, Inc. Cost Estimate
0
00
323
Memorandum
REPORT TO:City Commission
FROM:Chris Saunders, Community Development Manager
Erin George, Community Development Interim Director
SUBJECT:Ordinance 2169, Final Adoption of Revisions to Chapter 2, Article 6, Division
9 Impact Fees, Bozeman Municipal Code to Revise Definitions, Reorganize
Division Structure, Clarify Relationship To The City's Capital Improvement
Program, Update Provisions For Impact Fee Refunds To Conform To Recent
Changes In State Law, Strike Certain Exemptions, Update Processes For
Approval Of Impact Fee Credits And Custom Fee Studies, Update Processes
For Appeals, And Providing An Effective Date
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Consider the motion: Having reviewed and considered the staff report, draft
text, public comment, and all information presented, I hereby adopt the
findings presented by the Staff and finally adopt Ordinance 2169.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:The Bozeman Municipal Code contains Chapter 2, Article 6, Division 9,
Impact Fees [external link] which is the local enabling legislation for the City’s
impact fee program. The City reviews and when needed updates the code.
The State passed some changes in the enabling legislation regarding refunds
in the 2023 Legislative session.
Due to the extent of edits in the text, the proposed ordinance is a complete
repeal and replace of the division. Exhibit A attached to the ordinance is the
final language and shows no markups. Some final cleanups for consistent
terminology are included in the attached final language.
Summary of changes in the draft ordinance.
General rewording to active tense, more plain language, and updating
of language per current code drafting protocols
Updating legislative findings for clarity
Updating authority references reflecting a change to a charter
community authority
Update definitions to correspond with other changes and define terms
used but not currently defined
324
Rearrange locations for generally applicable requirement to precede
specific requirements
Remove certain fee exceptions originally established for program start
up and no longer needed
Standardize wording for review of independent fee calculation studies
Revise process for refunding impact fees to match with changed state
law requirements for who receives the refund
Revise process for review and approval of impact fee credits for
construction of qualifying infrastructure
Revise miscellaneous provisions to coordinate with other changes and
clarify existing practice.
Establish a specific section for deferrals to make it easier to find those
elements of the code
Revise processes for appeals, administration, and interpretation of the
impact fee code.
The City has implemented impact fees for transportation, Fire/EMS, water,
and sewer. The service area reports for each facility are reviewed separately
from this item.
The Community Development Board, acting in their capacity as the Impact
Fee Advisory Committee (IFAC), recommended approval of draft ordinance
5-0 at their public hearing on September 9th. The video and materials for the
hearing are available through the City's website [External Link]. The item
begins at 1:15:15 in the recording. No public comment was received.
After conducting the necessary public hearing on October 1, 2024, the City
Commission provisionally adopted Ordinance 2169 on a vote of 5 in favor
and none opposed. The video [External Link] of the meeting is available
through the City's website. The item begins at 3:48:15 in the recording.
UNRESOLVED ISSUES:None
ALTERNATIVES:As identified by the City Commission.
FISCAL EFFECTS:None, the proposed amendments are primarily process related and do not
commit or expend money.
Attachments:
Ordinance 2169 Amending 2.06 Div 9 Impact Fees.docx
Ordinance 2169 - Exhbit A Final Adoption.docx
Report compiled on: October 1, 2024
325
Version February 2023
Ord 2169
Page 1 of 3
ORDINANCE 2169
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REPEALING
AND REPLACING CHAPTER 2, ARTICLE 6, DIVISION 9 IMPACT FEES.
WHEREAS, Sections 7-6-1601 through 7-6-1604, MCA provide specific authority and
guidance about the necessary documentation to establish an impact fee and procedures to adopt
and administer an impact fee; and
WHEREAS,the City of Bozeman adopted an impact fee program in 1996 through
ordinance 1414 which has been amended from time to time and is codified in Chapter 2, Article
6, and Division 9 of the municipal code; and
WHEREAS, changes in wording were identified as improving the organization, clarity,and
function of the impact fee program; and
WHEREAS, public notice was provided in accordance with 7-1-4127 MCA of public
hearings before the Community Development Board in their capacity as the Impact Fee
Advisory Committee and the City Commission and the public has had opportunity to review and
comment on the language of this ordinance;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Section 1
That Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code be repealed in its entirety
and replaced with the wording in Exhibit A of this Ordinance.
Section 2
Repealer.
326
Ordinance No. 2169, Repealing and Replacing Impact Fee Codes
Page 2 of 3
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are hereby, repealed and all other provisions of the ordinances of the City of
Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred, or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
If any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal, or invalid, it shall not affect the validity of this
ordinance as a whole, or any part or provision thereof, other than the part so decided to be
invalid, illegal or unconstitutional, and shall not affect the validity of the remainder of this
ordinance or the Bozeman Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall be codified as indicated in Section 1.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
first reading at a regular session held on the _____ day of ________________, 2024.
327
Ordinance No. 2169, Repealing and Replacing Impact Fee Codes
Page 3 of 3
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of
Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2024. The effective date of this ordinance is ______________, 2024.
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
328
Page 1 of 23
Exhibit A – Ordinance 2169
DIVISION 9. IMPACT FEES
Sec. 2.06.1600. Legislative findings.
A.The city commission finds that:
1.The protection of the health, safety, and general welfare of the citizens of the city requires that the
transportation, fire protection/EMS, water, and wastewater systems of the city be expanded and
improved to accommodate continuing growth within the city and within those areas directly served by
its fire department and within those areas connected to its water and wastewater systems.
2.New residential and nonresidential development imposes increased and excessive demands upon
existing city facilities.
3.New development will overburden existing public facilities unless it offsets increased service demand,
and the tax revenues generated from new development do not generate sufficient funds to provide
public facilities to serve the new development as the cost of construction inflation substantially
exceeds the ½ the three-year average rate of inflation allowed to local governments under 15-10-420
MCA and property taxes are charged in arrears.
4.New development is expected to continue and will place ever-increasing demands on the city to
provide public facilities to serve new development.
5.The creation of an equitable development impact fee system enables the city to demonstrate and
require payment of a roughly proportionate share of the costs of required improvements to the city's
transportation, fire protection/EMS, water, and wastewater systems on those developments that
create the need for them.
6.All types of development that are not explicitly exempted from the provisions of this division will
generate demand for city's transportation, fire protection/EMS, water, and wastewater services or
facilities that will require improvements to city facilities and equipment.
7.The city's adopted impact fee service area reports set forth reasonable methodologies and analyses for
determining the impacts of various types of development on the city's transportation, fire
protection/EMS, water, and wastewater systems and for determining the cost of acquiring land and the
cost of acquiring or constructing facilities and equipment necessary to meet the demands for such
services created by new development.
8.The city establishes as city standards the assumptions and service standards referenced in the impact
fee service area reports and other duly adopted documents as part of its current plans for the
transportation system and for the city's fire protection/EMS, water, and wastewater systems.
9.The documentation required by MCA 7-6-1602, is collectively contained in the city's facility plans,
impact fee service area reports, development regulations, financial records, capital improvements
program, design and specification manual, and other city documents.
10.The development impact fees described in this division are reasonably related to the service demands
and needs of new development and are based on the impact fee service area reports and
documentation cited in subsection 7 of this section and are shown to not exceed the costs of acquiring
additional land and the costs of acquiring or constructing additional facilities or equipment required to
serve the new developments that will pay the fees.
11.All transportation improvements upon which the transportation impact fees are based and upon which
transportation impact fee revenues will be spent, based on the limitations set forth in this division will
329
Page 2 of 23
benefit all new development in the city; and it is, therefore, appropriate to treat the entire city as a
single service area for purposes of calculating, collecting, and spending the transportation impact fees,
while recognizing differences in the demand for service based upon the identified factors set forth in
the transportation impact fee service area report.
12.All fire protection/EMS improvements upon which the fire protection/EMS impact fee service area
report are based and upon which fire protection/EMS impact fee revenues will be spent, based on the
limitations set forth in this division will benefit all new development that receives fire protection/EMS
service directly from the city fire department; and it is, therefore, appropriate to treat the entire city
and all properties served directly by the city fire department as a single service area for purposes of
calculating, collecting, and spending the fire protection/EMS impact fees.
13.All water system improvements upon which the water impact fee service area report are based and
upon which water impact fee revenues will be spent, based on the limitations set forth in this division
will benefit all new development that connects to the city water system; and it is, therefore,
appropriate to treat the entire city and all properties connected to the city water system as a single
service area for purposes of calculating, collecting, and spending the water impact fees.
14.All wastewater system improvements upon which the wastewater impact fee service area report are
based and upon which wastewater impact fee revenues will be spent, based on the limitations set
forth in this division will benefit all new development that connects to the city wastewater system; and
it is, therefore, appropriate to treat the entire city and all properties connected to the city wastewater
system as a single service area for purposes of calculating, collecting, and spending the wastewater
impact fees.
15.There is both a rational nexus and a rough proportionality between the development impacts created
by each type of development covered by this division and the development impact fees that such
development will be required to pay and the fee service area report and project-specific calculation
process provides an individualized determination of impacts to be mitigated by payment of the impact
fee.
16.The city's facility planning, capital improvement program, development review, and bidding processes
create a public process by which, on a specific and detailed basis, the capacity expanding components
of construction can be identified and funded distinctly from those components which are not capacity
expanding by providing for evaluation by the city and the impact fee advisory committee of future
needs related to growth, identification of applicable funding sources, and monitoring of construction
and payments.
17.To meet the needs of new development the city may construct capacity expanding capital
improvements prior to development of adjacent properties. This may include the construction of
capacity expanding infrastructure of a nature and in a location that may require such improvements to
be deemed project related improvements at the time of the development of such adjacent properties.
The city commission finds that under certain conditions it is fair and reasonable that the costs of a
project related improvement that have been paid by the city prior to development of certain
properties should be reimbursed at the time of development of those properties.
18.This division creates a system by which development impact fees paid by new developments will be
used to expand or improve the city transportation, fire protection/EMS, water, and wastewater
systems in ways that benefit the development that paid each fee within a reasonable period after the
fee is paid.
19.This division creates a system under which development impact fees must not be used to cure existing
deficiencies in public facilities or to pay maintenance or operations costs associated with providing
public facilities.
330
Page 3 of 23
Sec. 2.06.1610. Authority and applicability.
A.This division is enacted pursuant to the city's self-government powers, the authority granted to the city by
the Montana State Constitution, MCA 7-6-1601 through 7-6-1604, and the city charter.
B.The provisions of this division apply to all the territory within the limits of the city.
C.The provisions of this division related to the fire protection/EMS impact fees apply to all properties located
outside the city that are served directly by the city fire department.
D.The provisions of this division related to water impact fees apply to all properties located outside the city
that are connected to the city water system.
E.The provisions of this division related to wastewater impact fees apply to all properties located outside the
city that are connected to the city wastewater system.
F.The provisions of this division related to the establishment of transportation, fire protection/EMS, water, and
sewer reimbursement districts applies to properties located outside the city that are deemed to benefit from
capacity expansion.
Sec. 2.06.1620. Intent of division.
A.This division implements the growth policy/land use plan of the city, the city's most recently adopted long
range transportation plan, the most recently adopted water facility plan, the most recently adopted
wastewater facility plan, and the most recently adopted fire protection/EMS master plan.
B.This division ensures that new development bears its proportionate share of the cost of improvements to the
city transportation, fire protection/EMS, water, and wastewater systems; ensures that such proportionate
share does not exceed the roughly proportionate cost of the transportation, fire protection/EMS, water, and
wastewater facilities and equipment required to serve such new developments.
C.It is the further intent of this division that new development pays for its roughly proportionate share of
public facilities through the imposition of development impact fees that will be used to finance, defray, or
reimburse all or a portion of the costs incurred by the city to construct improvements to the city
transportation, fire protection/EMS, water, and wastewater systems that serve or benefit impact fee payers.
D.Prevents the collection of money through impact fees from new development in excess of the reasonably
foreseeable, logically connected, and roughly proportional amount necessary to offset new demands for
transportation, fire protection/EMS, water, or wastewater improvements generated by that new
development within the service area as established in the service area report for each fee type.
E.No moneys collected from any development impact fee and deposited in an impact fee fund may be co-
mingled with moneys from a different impact fee fund or ever be used for a type of facility or equipment
different from that for which the fee was paid.
F.Any funds paid pursuant to a reimbursement district established in this division or payback district
established through other municipal authority do not replace or reduce any impact fees imposed upon
development.
Sec. 2.06.1630. Definitions.
A.The following words, terms, and phrases, when used in this division, have the meanings ascribed to them in
this section, except where the context clearly indicates a different meaning:
1."Capacity expanding capital improvements" means improvements that increase the functional capacity
of the city's water system, wastewater system, fire protection and emergency medical service system
(EMS), or transportation system. This term may include capital improvements that if constructed in
331
Page 4 of 23
advance of development may meet the definition of "project related improvements" when
development of adjacent property occurs.
2."Central Business District" (CBD) means the land area encompassed within the B-3, "Central Business
District," zoning district as of [the effective date of this ordinance].
3."Development" means any construction or expansion of a building, structure, or use, any change in use
of a building or structure, or any change in the use of land, which creates additional demand for public
services.
4."Development impact fees" means the transportation impact fee, fire protection/EMS impact fee,
water impact fee, and wastewater impact fee established by this division.
5."Encumber" means to legally obligate by contract, or otherwise commit to use by appropriation, or
another official act of the city.
6.Fee schedule means the listing of the dollar cost of each impact fee as established in the most recent
service area report and as adjusted annually for inflation.
7."Impact fee capital improvement program" means the capital improvements program for the
transportation system, the city fire protection/EMS system, and the city water and wastewater
systems, which assigns moneys from each impact fee fund to specific projects and related expenses for
improvements to the type of facilities or services for which the fees in that fund were paid, and must
not include improvements needed to correct existing deficiencies or operations or maintenance costs.
8."Impact fee coordinator" means the director of the city's department of community development or
designee.
9."Impact fee funds" means the transportation impact fee fund, fire protection/EMS impact fee fund,
water impact fee fund, and wastewater impact fee fund established by this division.
10."Impact fee studies" means the service area reports most recently adopted by resolution of the city
commission for each impact fee which set forth reasonable methodologies and analyses for
determining the impacts of various types of development on the city's transportation, fire
protection/EMS, water and wastewater systems or other services or facilities for which an impact fee
may be charged and for determining the cost of acquiring land and the cost of acquiring or constructing
facilities and equipment necessary to meet the demands for such services created by new
development.
11."Improvement" means planning, land acquisition, engineering design, construction inspection, on-site
construction, off-site construction, equipment purchases, and financing costs associated with new or
expanded facilities, buildings, and equipment that expand the capacity of a facility or service system
and that have an average useful life of at least ten years. The term "improvement" does not include
maintenance, operations, or improvements that do not expand capacity.
12."Independent fee calculation study" means a study prepared by an applicant for a building permit or
water or wastewater connection permit calculating the cost of expansions or improvements to the
city's transportation, fire protection/EMS, water, or wastewater systems required to serve the
applicant's proposed development; that is performed on an average cost (not marginal cost)
methodology; uses the service units and unit construction costs stated in the impact fee service area
reports; and is performed in compliance with any criteria for such studies established by this division or
by the city.
13."Initiation of construction" means the date of the preconstruction meeting with the city engineer, or
the date of the first visible change in the physical condition of the improved site caused by the first
person furnishing services or materials to effect construction of the improvement, whichever occurs
first.
332
Page 5 of 23
14."Maintenance" means replacement, repair, or caring for a constructed water, sewer, fire
protection/EMS, or transportation facility to preserve them in a functional state equal to their initial
installed design; and which does not change the basic design or structure or change them from their
original purpose. Activities that change the scope of a project beyond the original design are not
included in this definition.
15.“Payback district” means a legal mechanism for an entity that installs incidental excess capacity that
benefits future development and is not funded by or eligible for impact fees to recapture a
proportionate share of the value of installed excess capacity from benefited landowners.
16."Project-related improvements" means site-related improvements including, without limitation, all
access streets including sidewalks adjacent to the proposed development or leading only to the
proposed development and not included on the transportation system; all streets, driveways, and
pedestrian/bicycle facilities within the development; all acceleration, deceleration, right, or left turn
lanes leading to any streets and driveways within the development; all traffic control devices for
streets and driveways within the development; all water lines or facilities adjacent to, leading to, or
located within the development and serving only the development; all wastewater lines or facilities
adjacent to, leading to, or located within and serving only the development; and all off-site
improvements necessary for the safety and code compliance of a development. Credit for incidental
improvements is not allowed. It is presumed that the minimum improvement needed to serve a
project is a project improvement even if additional capacity is thereby created that may be potentially
used by other developments presently or in the future.
17.“Reimbursement district” means a legal mechanism to recoup the costs of project-related
improvements funded by impact fees as part of initial installation of a larger capacity expanding
improvement greater than project-related improvements.
18."Transportation system" means existing or planned collectors or arterial streets, including associated
non-motorized travel elements and which are either included on the most current long range
transportation plan or the city's impact fee capital improvement program.
19 "Trip exchange district" means a defined geographic area where there is a demonstrated significant
reduction in new vehicle trips below that established in the transportation service area report.
Sec. 2.06.1640. General Requirements.
A.Interest earned on moneys in any impact fee fund is part of such fund and is subject to the same restrictions
on use applicable to the impact fees deposited in such fund.
B.No moneys from any impact fee fund may be spent for periodic or routine maintenance of any facility of any
type or to cure deficiencies in public facilities.
C.Nothing in this division restricts the city from requiring an applicant to construct reasonable project related
improvements required to serve the applicant's project, whether or not such improvements are of a type for
which credit is available under section 2.06.1700.
D.The city must maintain accurate records of the development impact fees paid, including the name of the
person paying such fees, the project for which the fees were paid, the date of payment of each fee, the
amounts received in payment for each fee, and any other matters that the city deems appropriate or
necessary to the accurate accounting of such fees, and such records must be available for review by the
public during city business hours.
E.1. The city manager must present to the city commission a proposed impact fee capital improvements
program consistent with section 5.07 of the city charter for the transportation system, fire protection/EMS
system, water system, and wastewater system, which identifies the capacity-adding capital improvements
that will benefit new development subject to the terms of this division, exclusive of any improvements
333
Page 6 of 23
needed to correct existing deficiencies or for operation or maintenance purposes. The city commission must
approve the capital program consistent with section 5.08 of the city charter.
2. The capital improvements program must assign moneys from each impact fee fund to specific projects and
related expenses for improvements to the type of facilities or services for which the fees in that fund were
paid. Any moneys, including any accrued interest, not assigned to specific projects within such capital
improvements program and not expended pursuant to section 2.06.1690 or 2.06.1700 must be retained in
the same impact fee fund. The impact fee capital improvements program schedules the construction of
capital improvements to serve projected growth and project capital improvement costs, expenditures, and
impact fee fund revenues for a five-year period. The individual fee funds must maintain a positive fiscal
balance.
3. The city manager must adopt and revise, as needed, an administrative impact fee manual to carry out the
purposes of this division. The manual must address processes, further definitions as needed, special cases for
calculation of fees, independent fee studies, calculation of credits, deferral processes, and appeals.
F.Updating of impact fee information.
1.The facility plans described in this division must be reviewed by the city at least once every five years
and if a revision of a facility plan to address changed conditions is deemed necessary by the city, the
plan must be updated.
2.The development impact fees described in this division, fee studies, data and analysis relied upon and
required by MCA 7-6-1602, and the administrative procedures and manual of this division must be
updated at least once every four fiscal years.
3.The purpose of the review and updating of impact fee related documentation is to ensure that:
a.The demand and cost assumptions underlying such fees are still valid;
b.The resulting fees do not exceed reasonable estimates of the cost of constructing improvements
that are of the type for which the fee was paid and that are required to serve new development;
c.The moneys collected or to be collected in each impact fee fund have been, and are expected to
be, spent for improvements of the type for which such fees were paid; and
d.That such improvements will benefit those developments for which the fees were paid.
G.The development impact fees shown in the most recently adopted impact fee studies must be adjusted
annually to reflect the effects of inflation on those costs for improvements set forth in the impact fee
studies. On January 1st of each year unless and until the impact fee studies are revised or replaced, and then
beginning in the subsequent calendar year, each fee amount set forth in each such service area report must
be adjusted by multiplying such amount by one plus the value of the Construction Cost Index published in
the first December edition of the current year. (Source: Engineering News Record.) Such adjustments in such
fees become effective immediately upon calculation by the city and do not require additional action by the
city commission to be effective.
Sec. 2.06.1650. Transportation impact fees.
A.Imposition of transportation impact fees.
1.Any person who seeks to obtain any of the following forms of development approval is required to pay
a transportation impact fee in the amount specified in the commission resolution adopting the most
recent transportation impact fee service area report and establishing the transportation impact fee and
as updated as required in this division.
a.A building permit;
b.Any other permit that will result in the construction of improvements that will generate
additional demand for transportation services; or
334
Page 7 of 23
c.Any delayed payment of impact fees as specified and approved by the city commission in
accordance with division 38.380.
2.Notwithstanding subsection A.1 of this section, no impact fee may be imposed earlier than the
issuance of a building permit for developments requiring a building permit. Development generating
additional demand for service and not requiring a building permit must pay impact fees prior to the
action of the City that authorizes initiation of construction.
3.No permits of the types described in subsection A.1 of this section may be issued until the
transportation impact fee described in this division has been paid, unless the development for which
the permit is sought is exempted by subsection F of this section; or unless deferral of payment of the
transportation impact fee has been approved by the impact fee coordinator pursuant to a deferral
program approved by resolution of the Commission in compliance with 2.06.1720.
B.Computation of amount of transportation impact fee.
1.An applicant required by this division to pay a transportation impact fee may choose to have the
amount of such fee determined pursuant to either subsection B.2 or B.3 of this section.
2.Unless an applicant requests that the city determine the amount of such fee pursuant to subsection B.3
of this section, the city must determine the amount of the required transportation impact fee by
reference to the most recently adopted transportation impact fee service area report schedule of fees.
The fee amounts set forth in the service area report include credits for expected future receipts of
state and federal highway funds and expected future receipts of gas tax revenues, and all other non-
impact fee sources of funding anticipated to be made by or because of new development to be applied
to the transportation improvements required to serve new development.
a.If a development is of a type not listed in the most recently adopted transportation impact fee
service area report, then the city must use the fee applicable to the most nearly comparable type
or land use in the report. In deciding which use is most nearly comparable, the city is guided by
the most recent edition of "Trip Generation: An Information Report" prepared by the Institute of
Transportation Engineers; or if such publication is no longer available, then by a similar
publication. If the city determines that there is no comparable type of land use listed in the
service area report, then a new fee must be determined by:
(1)Finding the most nearly comparable trip generation rate from the publication noted in
subsection B.2.a. of this section; and
(2)Applying an independent fee study as set forth in subsection B.3 of this section.
b.If the applicant's development includes a mix of those uses listed in the most recently adopted
transportation impact fee service area report, then the fee is determined by adding up the fees
that would be payable for each use if it were a freestanding use pursuant to the most recently
adopted transportation impact fee service area report.
c.If the applicant is applying for an extension of a permit issued previously, then an additional fee is
necessary and that fee is the net increase between the fee applicable at the time of the current
permit extension application and any transportation impact fee previously paid pursuant to this
division for the same structure. If the fee applicable at the time of the current extension permit
application is lower than the transportation impact fee previously paid pursuant to this division
for the same structure, no refund of transportation impact fees previously paid is allowed. If fees
are not yet paid, the amounts due prior to permit issuance will be updated based on the date of
the extension application.
d.If the applicant is applying for a permit to allow a change of use or the expansion,
redevelopment, or modification of an existing development, the fee must be based on the net
positive increase in the fee for the new use as compared to the previous use. However, no new
fee may be imposed unless additional service demand is created, in accordance with the most
335
Page 8 of 23
recently adopted transportation impact fee service area report. If necessary to determine such
net increase, the city must be guided by the most recent edition of "Trip Generation Manual"
prepared by the Institute of Transportation Engineers; or if such publication is no longer
available, then by a similar publication. If the proposed change of use, expansion,
redevelopment, or modification results in a net decrease in the fee for the new use or
development as compared to the previous use or development, no refund of transportation
impact fees previously paid is allowed.
3.Prior to issuance of a building permit, an applicant may request that the city determine the amount of
the required transportation impact fee by reference to an independent fee calculation study for the
applicant's development prepared by qualified professional traffic engineers and/or economists at the
applicant's cost and submitted to the city engineer. Any such study must show the traffic engineering
and economic methodologies and assumptions used, including, but not limited to, those forms of
documentation listed in subsections B.3.and B.3.b of this section and must be acceptable to the city
pursuant to subsection B.3.c of this section.
a.Traffic engineering studies must include documentation of trip generation rates, trip lengths, any
percentage of trips from the site that represent net additions to current trips from the site, the
percentage of trips that are new trips as opposed to pass-by or divert-link trips, and any other
trip data for the proposed land use.
b.Economic studies must include documentation of any special factors that the applicant believes
will reduce the traffic volumes otherwise attributable to the proposed land use.
c.The city must consider all such documentation and any independent fee calculation study
submitted by the applicant. The city is not required to accept any such study or documentation
that the city deems to be inaccurate or unreliable and may request that the applicant submit
additional or different documentation for consideration. Any independent fee calculation study
submitted by an applicant may be accepted, rejected, or accepted with modifications by the city
as the basis for calculating transportation impact fees.
d.The city will review and determine whether to accept a customized calculation within 90 calendar
days of submittal. If accepted, the city will use the customized calculation in assessing the fee and
no further correspondence is required. If the city rejects a customized calculation the city will
inform the applicant of the reasons in writing.
e.Upon acceptance, or acceptance with modifications, of an independent fee calculation study and
documentation, the city will use the formulas and methodology contained within the most
recently adopted transportation impact fee study to determine the transportation impact fee.
C.Payment of transportation impact fee.
1.All funds paid by an applicant pursuant to this division must be identified as transportation impact fees
and must be promptly deposited in the transportation impact fee fund described in subsection D of this
section.
D.Transportation impact fee funds.
1.A single transportation impact fee fund is created, and such fund must be maintained in an interest-
bearing account.
2.Such fund must contain those transportation impact fees collected pursuant to this division and any
interest which may accrue from time to time on such amounts.
3.Such fund may also contain reimbursements collected pursuant to subsection 2.06.1650.F.
E.Use of transportation impact fee funds.The moneys in the transportation impact fee fund must be used only
as follows:
336
Page 9 of 23
1.To acquire land for and/or acquire or construct capacity expanding capital improvements to the
transportation system reasonably related to the benefits accruing to new development subject to the
terms of this division, in accordance with the requirements of state law; or
2.To pay debt service on such capital improvements to the transportation system; or
3.For purposes of refunds or credits, as described in section 2.06.1690 or 2.06.1700; and
4.May not be used for:
a.Operations or maintenance purposes; or
b.To correct existing deficiencies.
F.Transportation impact fee reimbursement.When the commission determines to fund capacity expanding
capital improvements to the transportation system and the commission determines prior to expenditure of
funds for such improvements that, upon future development, such improvements may be considered project
related improvements the commission may by resolution create a transportation impact fee reimbursement
district. The resolution creating the district must:
1.Identify the specific transportation system improvements that will be subject to reimbursement if
determined at a later date to be a project related improvement;
2.Identify the real property to be included in such district wherein future development may be required
to provide reimbursement;
3.Identify the rationale for the commission's determination that such improvements may be considered
in the future to be project related improvements;
4.Identify the estimated amount of repayment that will be due from each property, the methodology for
adjusting the estimated amount to the actual costs of construction, and the methodology for
determining such amount;
5.Identify whether the amount of repayment will account for the time value of the initial expenditure,
and if so, describe the calculation methodology;
6.Identify the period the reimbursement district will exist; and
7.Identify the required timing of payment of the reimbursement which may be upon annexation or prior
to final subdivision or site plan approval, and in no case later than issuance of a building permit.
Prior to adoption of a resolution creating the reimbursement district, the city must provide 15 business days
written notice to owners of real property within the proposed district.
G.Exemptions from transportation impact fee.
1.The following types of development are exempt from payment of the transportation impact fee:
a.Alterations, remodeling, rehabilitations, expansions of existing buildings, or other improvements
to an existing structure where no additional vehicle trips will be produced over and above those
produced by the existing use;
b.Construction of accessory buildings or structures that will not produce additional vehicle trips
over and above those produced by the primary building or land use;
c.The replacement of a destroyed or partially destroyed building or structure with a new building
or structure of the same size and use where no additional vehicle trips will be produced over and
above those produced by the original building or structure;
d.The installation or replacement of a mobile home on a lot or a mobile home site when a
transportation impact fee for such lot or site has previously been paid pursuant to this division or
where a mobile home legally existed on such site on or prior to the effective date of the
ordinance from which this division is derived; and
337
Page 10 of 23
e.Any other type of development for which the applicant can demonstrate that the proposed land
use and development will produce no more vehicle trips from such site over and above the trips
from such site prior to the proposed development, or for which the applicant can show that a
transportation impact fee for such site has previously been paid in an amount that equals or
exceeds the transportation impact fee that would be required by this division for such
development.
2.Any such claim for exemption must be made no later than the time when the applicant applies for the
first permit or a type listed in subsection A.1 of this section for the proposed development, and any
claim for exemption not made at or before that time is waived.
3.The city must determine the validity of any claim for exemption pursuant to the criteria set forth in
subsection G.1.
H. A trip exchange district is established through an independent fee study or similar data through a service
area report. Areas where a trip exchange district may be established have the majority of the following
characteristics:
1.The use of shared and consolidated parking.
2.A high degree of pedestrian and bicycle access to and throughout the proposed development.
3.The availability of public transit.
4.Extensive trip capture within the existing and proposed development where trips to the proposed
development result in visits to multiple destinations in the area via a mode other than automobile.
5.Diverse business proprietorships within the development.
6. Primary use at the ground floor is non-residential.
7. The majority of individual businesses within the development are less than 20,000 square feet.
8. Structures within the development are near to each other and the public street (with small or no
setbacks).
9. The majority of buildings associated with the proposed development are multi-story building, often
more than two stories.
10.Having a high percentage building coverage on the lot and typically more than 0.5.
11.The physical characteristics are shared among the entire area, not just one or a few businesses.
12.The area is at least 50 percent developed as measured by lot area utilized.
13.The area is the subject of a city enforceable common plan of development, such as an urban renewal
plan or master site plan.
Sec. 2.06.1660. Fire protection and emergency medical service impact fees.
A.Imposition of fire protection and emergency medical service impact fees.
1.Any person who seeks to obtain any of the following forms of development approval is required to pay
a fire protection/EMS impact fee in the amount specified in the commission resolution adopting the
most recent fire protection /EMS impact fee service area report and establishing the fire
protection/EMS impact fee and as updated as required in this division:
a.A building permit; or
b.Any other permit that will result in construction that will generate demand for fire protection
services/EMS; or
338
Page 11 of 23
c.Any delayed payment of impact fees as specified and approved by the city commission in
accordance with division 38.380.
2.Notwithstanding subsection A.1 of this section, no impact fee may be imposed earlier than the
issuance of a building permit for developments requiring a building permit. Development generating
additional demand for service and not requiring a building permit must pay impact fees prior to the
action of the City that authorizes initiation of construction.
3.No permits of the types described in subsection A.1 of this section may be issued until the fire
protection/EMS impact fee described in this division has been paid, unless the development for which
the permit is sought is exempted by subsection F of this section; or unless deferral of payment of the
fire protection/EMS impact fee has been approved by the city pursuant to a deferral program approved
by resolution of the commission in compliance with 2.06.1720.
B.Computation of amount of fire protection/EMS impact fee.
1.An applicant required by this division to pay a fire protection/EMS impact fee may choose to have the
amount of such fee determined pursuant to either subsection B.2 or B.3 of this section.
2.Unless an applicant requests that the city determine the amount of such fee pursuant to subsection B.3
of this section, the city must determine the amount of the required fire protection/EMS impact fee by
reference to the most recently adopted fire/EMS impact fee service area report.
a.If a development is not of a type listed in the most recently adopted fire/EMS impact fee service
area report, then the city must use the fee applicable to the most nearly comparable type or land
use in the service area report.
b.If the type of development that a permit is applied for includes a mix of those uses listed in the
most recently adopted fire protection/EMS impact fee service area report, then the fee must be
determined by adding up the fees that would be payable for each use if it were a freestanding
use pursuant to the most recently adopted fire protection/EMS impact fee service area report.
c.If the applicant is applying for an extension of a permit issued previously, then an additional fee is
necessary and that fee is the net increase between the fee applicable at the time of the current
permit application and any fire/EMS protection impact fee previously paid pursuant to this
division for the same structure. If the fee applicable at the time of the current extension permit
application is lower than the fire protection impact fee previously paid pursuant to this division
for the same structure, no refund of fire protection/EMS impact fees previously paid is allowed. If
fees are not yet paid, the amounts due prior to permit issuance will be updated based on the
date of the extension application.
d.If the applicant is applying for a permit to allow a change of use or for the expansion,
redevelopment, or modification of an existing development, the fee is based on the net increase
in the fee for the new use as compared to the previous use. If the proposed change of use,
expansion, redevelopment, or modification results in a net decrease in the fee for the new use or
development as compared to the previous use or development, no refund of fire protection/EMS
impact fees previously paid is allowed.
3.Prior to issuance of a building permit, an applicant may request that the city determine the amount of
the required fire protection/EMS impact fee by reference to an independent fee calculation study for
the applicant's development prepared at the applicant's cost by qualified professional fire protection
experts and/or economists and submitted to the impact fee coordinator and city fire chief. Any such
study must be based on the same service standards and unit costs for fire protection/EMS used in the
most recently adopted fire/EMS impact fee service area report and must document the economic
methodologies and assumptions used.
a.Independent fee calculation studies must include documentation of rate of calls for service,
required service standard, and any other relevant data for the proposed land use.
339
Page 12 of 23
b.Economic studies must include documentation of any special factors that the applicant believes
will reduce the service demand otherwise attributable to the proposed land use.
c.The city must consider all such documentation and any independent fee calculation study
submitted by the applicant. The city is not required to accept any such study or documentation
that the city deems to be inaccurate or unreliable and may request that the applicant submit
additional or different documentation for consideration. Any independent fee calculation study
submitted by an applicant may be accepted, rejected, or accepted with modifications by the city
as the basis for calculating fire protection/EMS impact fees.
d.The city will review and determine whether to accept a customized calculation within 90 calendar
days of submittal. If accepted, the city will use the customized calculation in assessing the fee and
no further correspondence is required. If the city rejects a customized calculation the city will
inform the applicant of the reasons in writing.
e.Upon acceptance, or acceptance with modifications, of an independent fee calculation study and
documentation, the city will use the formulas and methodology contained within the most
recently adopted fire protection/EMS impact fee service area report to determine the fire
protection/EMS impact fee.
C.Payment of fire protection/EMS impact fees.
1.All funds paid by an applicant pursuant to this division must be identified as fire protection/EMS impact
fees and must be promptly deposited in the fire protection/EMS impact fee fund described in
subsection D of this section.
D.Fire protection/EMS impact fee funds.
1.A single fire protection/EMS impact fee fund is created, and such fund must be maintained in an
interest-bearing account.
2.Such fund must contain those fire protection/EMS impact fees collected pursuant to this division and
any interest which may accrue from time to time on such amounts.
3.Such fund may also contain reimbursements collected pursuant to section 2.06.1660.F.
E.Use of fire protection/EMS impact fee funds.The moneys in the fire protection/EMS impact fee fund must be
used only:
1.To acquire or construct capacity expanding fire protection/EMS improvements within the city; or
2.To pay debt service on any portion of any future general obligation bond issue or revenue bond issue
used to finance the acquisition or construction of fire protection/EMS improvements within the city; or
3.As described in section 2.06.1690 or 2.06.1700.
F.Fire protection/EMS impact fee reimbursement.When the commission determines to fund capacity
expanding capital improvements to the fire protection/EMS system and the commission determines prior to
expenditure of funds for such improvements that, upon future development, such improvements may be
considered project related improvements the commission may by resolution create a fire protection/EMS
impact fee reimbursement district. The resolution creating the district must:
1.Identify the specific fire protection/EMS improvements that will be subject to reimbursement if
determined at a later date to be a project related improvement;
2.Identify the real property to be included in such district wherein future development may be required
to provide reimbursement;
3.Identify the rationale for the commission’s determination that such improvements may be considered
in the future to be project related improvements;
340
Page 13 of 23
4.Identify the estimated amount of repayment that will be due from each property, the methodology for
adjusting the estimated amount to the actual costs of construction, and the methodology for
determining such amount;
5.Identify whether the amount of repayment will account for the time value of the initial expenditure,
and if so, describe the calculation methodology;
6.Identify the period the reimbursement district will exist; and
7.Identify the required timing of payment of the reimbursement which may be upon annexation or prior
to final subdivision or site plan approval, and in no case later than issuance of a building permit.
Prior to adoption of a resolution creating the reimbursement district, the city must provide 15 business days
written notice to owners of real property within the proposed district.
G.Exemptions from fire protection/EMS impact fee.
1.The following types of development are exempted from payment of the fire protection/EMS impact
fee:
a.Reconstruction or replacement of a previously existing residential unit that does not create any
additional or larger residential units.
b.Construction of unoccupied accessory structures related to a residential unit.
c.Projects that the applicant can demonstrate will produce no greater demand for fire
protection/EMS from such land than existed prior to issuance of such permit.
d.Projects for which a fire protection/EMS impact fee has previously been paid in an amount that
equals or exceeds the fire protection/EMS impact fee that would be required by this division.
2.Any such claim for exemption must be made no later than the time when the applicant applies for the
first permit of a type listed in subsection A.1 of this section for the proposed development, and any
claim for exemption not made at or before that time is waived.
3.The city must determine the validity of any claim for exemption pursuant to the criteria set forth in
subsection G.1.
Sec. 2.06.1670. Water impact fees.
A.Imposition of water impact fees.
1.Any person who seeks to obtain a permit for connection to the city water system, or who is subject to
subsection B.2 of this section and applies for a city permit to expand or add to the structure served by
a previously approved water connection is required to pay a water impact fee in the amount specified
in the commission resolution adopting the water impact fee service area report and establishing the
water impact fee and as updated as required in this division; or
2.Any delayed payment of impact fees as specified and approved by the city commission in accordance
with division 38.380.
3.No permits for connection to the city water system may be issued until the water impact fee described
in this division has been paid, unless the development for which the permit is sought is exempted by
subsection F of this section; or unless deferral of payment of the water impact fee has been approved
by the city pursuant to a deferral program approved by resolution of the commission in compliance
with 2.06.1720.
B.Computation of amount of water impact fee.
1.An applicant required by this division to pay a water impact fee may choose to have the amount of
such fee determined pursuant to either subsection B.2 or B.3 of this section.
341
Page 14 of 23
2.The city must determine the amount of the required water impact fee by reference to the most
recently adopted water impact fee schedule unless the applicant chooses to submit an individualized
calculation pursuant to subsection B.3.a of this section or the city determines the application to be
subject to subsection B.3.b of this section. If the applicant is applying for a replacement for a water
connection permit issued previously or extension for a permit, then the fee is the net positive
difference between the service demand and associated fee applicable at the time of the current permit
application and the service demand for which a water impact fee was previously paid pursuant to this
division for the same structure. If the fee applicable at the time of the replacement permit application
is lower than the water impact fee previously paid pursuant to this division for the same structure, no
refund of water impact fees previously paid is allowed.
3.Individualized calculations.
a.An applicant may request that the city determine the amount of the required water impact fee
by reference to an independent fee calculation study for the applicant's development prepared
at the applicant's cost by a professional engineer and/or economist and submitted to the city
utilities director. Any such study must be based on the same service standards and unit costs
used in the most recently adopted water impact fee study and must document the economic
methodologies and assumptions used.
1.Independent fee calculation studies must include documentation of demand, required
service standard, and any other relevant data for the proposed land use.
2.Economic studies must include documentation of any special factors that the applicant
believes will reduce the service demand otherwise attributable to the proposed land use.
3.The city must consider all such documentation and any independent fee calculation study
submitted by the applicant. The city is not required to accept any such study or
documentation that the city deems to be inaccurate or unreliable and may request that the
applicant submit additional or different documentation for consideration. Any independent
fee calculation study submitted by an applicant may be accepted, rejected, or accepted
with modifications by the city as the basis for calculating water impact fees.
4.The city will review and determine whether to accept a customized calculation within 90
calendar days of submittal. If accepted, the city will use the customized calculation in
assessing the fee and no further correspondence is required. If the city rejects a customized
calculation the city will inform the applicant of the reasons in writing.
5.Upon acceptance, or acceptance with modifications, of an independent fee calculation
study and documentation, the city will use the formulas and methodology contained within
the most recently adopted water impact fee service area report to determine the water
impact fee.
b.The city may identify a user as having extraordinary demands for water service which are not
accurately represented by the average usage which was relied upon by the methodology which
generated the calculated charges in the most recently adopted water impact fee service area
report. In this circumstance the city must prepare a customized calculation based upon the most
recently adopted water impact fee service area report.
1. The impact fee paid for water meters larger than three inches may be adjusted based on
actual usage. If usage is greater than 110 percent of anticipated volume during the 12-
month period beginning six months after building occupancy is granted by the city, an
additional impact fee may be charged, using the same techniques for calculating peak day
and storage EDUs and multiplying by the peak day impact fee cost per EDU and the storage
impact fee cost per EDU then in effect. The additional impact fee is the positive net
demand between a previously calculated impact fee and the impact fee based upon the
metered demand.
342
Page 15 of 23
C.Payment of water impact fee.
1.All funds paid by an applicant pursuant to this section must be identified as water impact fees and
must be promptly deposited in the water impact fee fund described in subsection D of this section.
D.Water impact fee funds.
1.A single water impact fee fund is created, and such fund must be maintained in an interest-bearing
account.
2.Such fund must contain those water impact fees collected pursuant to this division and any interest
which may accrue from time to time on such amounts.
3.Such fund may also contain reimbursements collected pursuant to section 2.06.1670.F.
E.Use of water impact fee funds.The moneys in the water impact fee fund must be used only:
1.To acquire or construct capacity expanding improvements to the city water system; or
2.To pay debt service on any portion of any future general obligation bond issue or revenue bond issue
used to finance improvements to the city water system; or
3.As described in section 2.06.1690 or 2.06.1700.
F.Water impact fee reimbursement.When the commission determines to fund capacity expanding capital
improvements to the water system and the commission determines prior to expenditure of funds for such
improvements that, upon future development, such improvements may be considered project related
improvements the commission may by resolution create a water impact fee reimbursement district. The
resolution creating the district must:
1.Identify the specific water improvements that will be subject to reimbursement if determined at a later
date to be a project related improvement;
2.Identify the real property to be included in such district wherein future development may be required
to provide reimbursement;
3.Identify the rationale for the commission's determination that such improvements may be considered
in the future to be project related improvements;
4.Identify the estimated amount of repayment that will be due from each property, the methodology for
adjusting the estimated amount to the actual costs of construction, and the methodology for
determining such amount;
5.Identify whether the amount of repayment will account for the time value of the initial expenditure,
and if so, describe the calculation methodology;
6.Identify the period the reimbursement district will exist; and
7.Identify the required timing of payment of the reimbursement which may be upon annexation or prior
to final subdivision or site plan approval, and in no case later than issuance of a building permit.
Prior to adoption of a resolution creating the reimbursement district, the city must provide 15 business days
written notice to owners of real property within the proposed district.
G.Exemptions from water impact fees.
1.The following types of development are exempt from payment of the water impact fee:
a.Alteration or expansion of an existing nonresidential building that does not require an additional
or larger water meter;
b.Replacement of a nonresidential building or structure of the same size that does not require an
additional or larger water meter;
343
Page 16 of 23
c.The reconstruction or replacement of a previously existing residential unit that does not create
any additional or larger residential units.
2.The installation of fire lines for fire protection are exempt from payment of the water impact fee.
3.Any such claim for exemption must be made no later than the time when the applicant applies for the
first permit of a type listed in subsection A.1 of this section for the proposed development, and any
claim for exemption not made at or before that time is waived.
4.The city must determine the validity of any claims for exemption pursuant to the criteria set forth in
subsections G.1 and G.2 of this section.
Sec. 2.06.1680. Wastewater impact fees.
A.Imposition of wastewater impact fees.
1.Any person who seeks to obtain a permit for connection to the city wastewater system, or who is
subject to subsection B.2.b of this section and applies for a city permit to expand or add to the
structure served by a previously approved wastewater connection is required to pay a wastewater
impact fee in the amount specified in the commission resolution adopting the wastewater impact fee
service area report and establishing the wastewater impact fee and as updated as required in this
division; or
2.Any delayed payment of impact fees as specified and approved by the city commission in accordance
with division 38.380.
3.No permits for connection to the city wastewater system may be issued until the wastewater impact
fee described in this division has been paid, unless the development for which the permit is sought is
exempted by subsection F of this section; or unless deferral of payment of the wastewater impact fee
has been approved by the city pursuant to a deferral program approved by resolution of the
commission in compliance with 2.06.1720.
B.Computation of amount of wastewater impact fee.
1.An applicant required by this division to pay a wastewater impact fee may choose to have the amount
of such fee determined pursuant to either subsection B.2 or B.3 of this section.
2.The city must determine the amount of the required wastewater impact fee by reference to the most
recently adopted wastewater impact fee schedule unless the applicant chooses to submit an
individualized calculation pursuant to subsection B.3. If the applicant is applying for a replacement for a
wastewater connection permit issued previously or extension for a permit, then the fee is the net
positive difference between the service demand and associated fee applicable at the time of the
current permit application and any wastewater impact fee previously paid pursuant to this division for
the same structure. If the fee applicable at the time of the replacement permit application is lower
than the wastewater impact fee previously paid pursuant to this division for the same structure, no
refund of wastewater impact fees previously paid is allowed.
3.Individualized calculations.
a.An applicant may request that the city determine the amount of the required wastewater impact
fee by reference to an independent fee calculation study for the applicant's development
prepared at the applicant's cost by a professional engineer and/or economist and submitted to
the city utilities director. Any such study must be based on the same service standards and unit
costs used in the most recently adopted wastewater impact fee service area report and must
document the economic methodologies and assumptions used.
b.Independent fee calculation studies must include documentation of demand, required service
standard, and any other relevant data for the proposed land use.
344
Page 17 of 23
c.Economic studies must include documentation of any special factors that the applicant believes
will reduce the service demand otherwise attributable to the proposed land use.
d.The city must consider all such documentation and any independent fee calculation study
submitted by the applicant. The city is not required to accept any such study or documentation
that the city deems to be inaccurate or unreliable and may request that the applicant submit
additional or different documentation for consideration. Any independent fee calculation study
submitted by an applicant may be accepted, rejected, or accepted with modifications by the city
as the basis for calculating wastewater impact fees.
e.The city will review and determine whether to accept a customized calculation within 90 calendar
days of submittal. If accepted, the city will use the customized calculation in assessing the fee and
no further correspondence is required. If the city rejects a customized calculation the city will
inform the applicant of the reasons in writing.
f.Upon acceptance, or acceptance with modifications, of an independent fee calculation study and
documentation, the city will use the formulas and methodology contained within the most
recently adopted wastewater service area report to determine the wastewater impact fee.
g.The city may identify a user as having extraordinary demands for wastewater service which are
not accurately represented by the average usage which was relied upon by the methodology in
the most recently adopted wastewater impact fee service area report. In this circumstance the
city must prepare a customized calculation based upon the methodology in the wastewater
impact fee service area report. When applicable an adjustment to the wastewater treatment
portion of the impact fee for high strength discharge will be applied.
(1)The wastewater impact fee paid for water meters larger than three inches may be adjusted
based on actual usage. If usage is greater than 110 percent of anticipated volume or other
measure of demand during the 12-month period beginning six months after building
occupancy is granted by the city, an additional impact fee may be charged, using the same
techniques for calculating treatment and collection in EDUs and multiplying by the impact
fee cost per EDU. The additional impact fee is the positive net demand between a
previously calculated impact fee and the impact fee based upon the metered demand.
C.Payment of wastewater impact fee.
1.All funds paid by an applicant paid pursuant to this section must be identified as wastewater impact
fees and must be promptly deposited in the wastewater impact fee fund described in subsection D of
this section.
D.Wastewater impact fee funds.
1.A single wastewater impact fee fund is created, and such fund must be maintained in an interest-
bearing account.
2.Such fund must contain those wastewater impact fees collected pursuant to this division and any
interest which may accrue from time to time on such amounts.
3.Such fund may also contain reimbursements collected pursuant to section 2.06.1680.F.
E.Use of wastewater impact fee funds.The moneys in the wastewater impact fee fund must be used only:
1.To acquire or construct capacity expanding improvements to the city wastewater system; or
2.To pay debt service on any portion of any future general obligation bond issue or revenue bond issue
used to finance improvements to the city wastewater system; or
3.As described in section 2.06.1690 or section 2.06.1700.
F.Wastewater impact fee reimbursement.When the commission determines to fund capacity expanding
capital improvements to the wastewater system and the commission determines prior to expenditure of
345
Page 18 of 23
funds for such improvements that, upon future development, such improvements may be considered project
related improvements the commission may by resolution create a wastewater impact fee reimbursement
district. The resolution creating the district must:
1.Identify the specific wastewater improvements that will be subject to reimbursement if determined at
a later date to be a project related improvement;
2.Identify the real property to be included in such district wherein future development may be required
to provide reimbursement;
3.Identify the rationale for the commission's determination that such improvements may be considered
in the future to be project related improvements;
4.Identify the estimated amount of repayment that will be due from each property, the methodology for
adjusting the estimated amount to the actual costs of construction, and the methodology for
determining such amount;
5.Identify whether the amount of repayment will account for the time value of the initial expenditure,
and if so, describe the calculation methodology;
6.Identify the period the reimbursement district will exist; and
7.Identify the required timing of payment of the reimbursement which may be upon annexation or prior
to final subdivision or site plan approval, and in no case later than issuance of a building permit.
Prior to adoption of a resolution creating the reimbursement district, the city must provide 15 business days
written notice to owners of real property within the proposed district.
G.Exemptions from wastewater impact fees.
1.The following types of development are exempt from payment of the wastewater impact fee:
a.Alteration or expansion of an existing nonresidential building that does not require an additional
or larger water meter;
b.Replacement of a nonresidential building or structure of the same size that does not require an
additional or larger water meter;
c.The replacement of a previously existing residential unit that does not create any additional or
larger residential units.
2.Any such claim for exemption must be made no later than the time when the applicant applies for the
first permit of a type listed in subsection A.1 of this section for the proposed development, and any
claim for exemption not made at or before that time is waived.
3.The city must determine the validity of any claim for exemption pursuant to the criteria set forth in
subsection G.1.
Sec. 2.06.1690. Refunds of development impact fees paid.
A.Refunds of development impact fees must be made only in the following instances and in the following
manner:
1.Upon application to the impact fee coordinator by the applicant, the city must refund the development
impact fee paid if capacity is available and service is denied.
2.Expenses and encumbrances.
a.Upon application to the impact fee coordinator, the city must refund the development impact
fee paid and not expended or encumbered within ten years from the date the development
impact fee was paid or spent in a manner not in accordance with this division or MCA 7-6-1602.
Refunds must be paid to the owner of the property at the time impact fee in question was paid.
346
Page 19 of 23
In determining whether development impact fees have been expended or encumbered, fees
must be considered encumbered on a first-in, first-out (FIFO) basis.
b.When the right to a refund exists due to a failure to expend or encumber development impact
fees, the city must publish written notice within 30 days after the expiration of the ten-year
period from the date development impact fee was paid. The published notice must contain the
heading "Notice of Entitlement to Development Impact Fee Refund."
3.If an applicant paid a development impact fee required by this division and obtained any of the types of
permits or extensions listed in sections 2.06.1650.A.1, 2.06.1660.A.1, 2.06.1670.A.1, or 2.06.1680.A.1,
and,
a. The applicant cancels the project prior to beginning construction of the work for which the fee
was paid, or
b. The permit or extension for which the fee was paid later expires without the possibility of further
extension and construction of the project has not begun, then the applicant who paid such fee is
entitled to a refund of the fee paid, without interest. To be eligible to receive such refund, the
applicant who paid such fee must submit an application for such refund within 30 calendar days
after the expiration of the permit or extension for which the fee was paid.
4.A refund application must be made to the impact fee coordinator within 30 calendar days from the
date such refund becomes payable under subsections A.1 through A.3 of this section, or within one
year from the date of publication of the notice of entitlement of a refund under subsection A.2 of this
section, whichever is later. Any refund not applied for within said time is waived.
5.A refund application must include information and documentation sufficient to permit the impact fee
coordinator to determine whether the refund claimed is proper and, if so, the amount of such refund.
6.All refunds must be paid within 90 days after the impact fee coordinator determines that such refund is
due.
7.Once paid, an impact fee may not be refunded in exchange for impact fee credits issued according to
section 2.06.1700.
Sec. 2.06.1700. Credits against development impact fees.
A.After the effective date of the ordinance from which this division is derived, mandatory or voluntary land or
easement dedications for transportation, fire protection/EMS, water, or wastewater improvements, and
mandatory or voluntary acquisition or construction of capital improvements to the transportation system or
the city fire protection/EMS, water, or wastewater systems by an applicant in connection with a proposed
development may result in a pro rata credit against the development impact fee for the same type of service
or facility otherwise due for such development, except that no such credit may be awarded for:
1.Projects or land dedications not listed on the impact fee capital improvements program (CIP); or
2.Land dedications for, or acquisition or construction of, project-related improvements as defined in
section 2.06.1630; or
3.Any voluntary land or easement dedications not accepted by the city; or
4.Any voluntary acquisition or construction of improvements not approved in writing by the city prior to
commencement of the acquisition or construction.
B.In order to obtain a credit against development impact fees otherwise due, an applicant must submit a
written offer to dedicate to the city specific parcels of qualifying land or easements, or to acquire or
construct specific improvements to the transportation system or the city fire protection/EMS, water, or
wastewater systems in accordance with all applicable state or city design and construction standards, and
must specifically request a credit against such development impact fees. Such written request must be made
347
Page 20 of 23
on a form provided by the city, must contain a statement under oath of the facts that qualify the applicant to
receive a credit, must be accompanied by documents evidencing those facts, and must be approved not later
than the initiation of construction of improvements or the acceptance by the city of land dedications, or the
applicant's claim for the credit is waived. The city may approve a credit only after making findings that the
need for the dedication or construction is clearly documented pursuant to MCA 7-6-1602 and that any land
dedication proposed for credit is determined to be appropriate for the proposed use.
1.Upon receipt of a complete application for impact fee credit, the impact fee coordinator must
coordinate review of the application for compliance with the requirements of this division and other
relevant requirements. The impact fee coordinator must consult with applicable department directors
during the review. Upon completion of the review the impact fee coordinator must:
a. Approve the application; or
b. If the application is insufficient or otherwise does not conform to the city's requirements,
communicate in writing to the applicant the reason the credit request failed.
c. If the application satisfies the requirements and is approved, the credit may be provided in any of
the allowed forms as described in subsection G of this section.
2.Factors for consideration:
a.When credit is sought for an improvement listed in the second through fifth years of the CIP after
the current fiscal year there is a rebuttable presumption that any credit is to be awarded as a
credit balance and not as cash.
b.If the city considers that award of a credit may negatively impact its ability to construct
improvements listed sooner in time on the CIP or otherwise interfere with city priorities, they
may decline to award a credit at that time without removing the item from the CIP.
3.Appeals of administrative decisions on credit requests may be appealed to the city manager per section
2.06.1730.
C.The credit due to an applicant must be calculated and documented as follows:
1.Credit for qualifying land or easement dedications must, at the applicant's option, be valued at:
a.One hundred percent of the most recent assessed value for such land as shown in the records of
the state assessor; or
b.That fair market value established by a private appraiser acceptable to the city in an appraisal
paid for by the applicant.
2.To receive credit for qualifying acquisition or construction of transportation, fire protection/EMS,
water, or wastewater improvements, the applicant must submit preliminary engineering drawings,
specifications, and construction cost estimates to the city. The city must determine the amount of
credit due based on the information submitted, or, if it determines that such information is inaccurate
or unreliable, then on alternative engineering or construction costs acceptable to the city. Final credit
values are determined after completion of construction and the city verifies final costs.
D.Approved credits become effective at the following times:
1.Approved credit for land or easement dedications becomes effective when the land has been conveyed
to the city in a form acceptable to the city, and at no cost to the city, and has been accepted by the
city. When such conditions have been met, the city must note that fact in the credit record maintained
by the city department of finance. Upon request of the credit holder, the city must send the credit
holder a letter stating the credit balance available to the credit holder.
2.Approved credits for the acquisition or construction of transportation, fire protection/EMS, water, or
wastewater improvements become effective when:
348
Page 21 of 23
a.All required construction has been completed and has been accepted by the city; and
b.A suitable maintenance and warranty bond has been received and approved by the city; and
c.All design, construction, inspection, testing, bonding, and acceptance procedures have been
completed in compliance with all applicable city and state procedures.
However, approved credits for the construction of improvements may become effective at an earlier date if the
applicant posts security and completes all other steps necessary under 38.270 for securing completion of
infrastructure. When such conditions have been met, the city must note that fact in the credit record maintained
by the city department of finance. Upon request of the credit holder, the city must also send the credit holder a
letter stating the credit balance available to the credit holder.
E.Approved credits may be used to reduce the amount of development impact fees due from any proposed
development for the same type of service or facility for which the applicant dedicated land or acquired or
constructed improvements until the amount of the credit is exhausted. Each time a request to use credit
from a mandatory or voluntary dedication, acquisition, or construction is presented to the city, the city must
reduce the amount of the development impact fee of the same type otherwise due from the applicant and
must note in the city records the amount of credit remaining, if any. In the case of a mandatory dedication,
acquisition, or construction, any credit more than the amount of the development impact fee otherwise due
under this division is deemed excess credit that is remaining and available for use by the applicant. In the
case of a voluntary dedication, acquisition, or construction, any credit more than the amount of the
development impact fee of the same type and applicable to the project is deemed excess credit that is
remaining and available for use by the applicant. Upon request of the credit holder, the city must send the
credit holder a letter stating the amount of credit remaining to the credit holder.
F.Approved credit may only be used to reduce the amount of development impact fees of the same type
otherwise due under this division and must not be paid to the applicant in cash or in credit against any
development impact fees for a different type of facility or service or against any other moneys due from the
applicant to the city, except as described in subsection G of this section.
G.If the amount of approved credit for a mandatory dedication, acquisition, or construction exceeds the
amount of the development impact fees of the same type otherwise due under this division, the applicant
may request in writing that the city provide for reimbursement of any excess credit to the applicant in cash.
Such written request must be approved not later than the initiation of construction of improvements, or the
acceptance by the city of land dedications, or the applicant's claim is waived. Upon receipt of such a written
request, the city may, at its discretion:
1.Arrange for the reimbursement of such excess credit from the impact fee fund for the same type of
service or facility from development impact fees paid by others;
2.Arrange for the reimbursement of such excess credit through the issuance of a promissory note
payable in not more than ten years and bearing interest equal to the interest rate paid by the city for
its long-term debt; or
3.Reject the request for cash and provide credit. Such excess credit must be valued at 100 percent of
actual developer costs for the excess improvements, or at the actual appraised value of such excess
improvements, at the city's option.
H.Credit may be transferred from one holder to another by notarized writing clearly identifying the credit
issued under subsection C of this section that is to be transferred, provided that such instrument is signed by
both the transferor and transferee, and that the document is delivered to the city for registration of the
change in ownership.
Sec. 2.06.1710. Miscellaneous provisions.
A.The city may retain not more than five percent of the development impact fees collected as payment for the
expenses of collecting the fee and administering this division.
349
Page 22 of 23
B.If a development impact fee has been calculated and paid based on a mistake or misrepresentation, it must
be recalculated. Any amounts overpaid by an applicant must be refunded by the city to the applicant within
60 business days after the city's acceptance of the recalculated amount. Amounts underpaid by the applicant
must be paid to the city within 30 business days after the city's acceptance of the recalculated amount unless
the city and landowner agree to a different time frame In the case of an underpayment to the city, the city
must not issue any additional permits or approvals for the project for which the development impact fee was
previously paid until such underpayment is corrected; and if amounts owed to the city are not paid within
such 30 business day period, the city may also repeal any permits issued in reliance on the previous payment
of such development impact fee and refund such fee. The city may decline to collect underpaid fees if the
city determines that the cost of collection of underpaid fees exceeds benefit of the fee.
C.1. To promote affordable housing, the city commission may pay some or all the impact fee from other funds
of the city that are not restricted to other uses.
2. To promote the economic development of the city the city commission may agree to pay some, or all the
development impact fees imposed on a proposed development by this division from other funds of the city
that are not restricted to other uses.
3. Any such decision to pay development impact fees on behalf of an applicant is at the discretion of the city
commission and must be made pursuant to goals and objectives previously adopted by the city commission
to promote economic development and/or affordable housing.
Sec. 2.06.1720. Deferrals.
A.The city commission may, by resolution, create a program to enable deferral of payment of impact fees to a
time after issuance of a building permit or a connection permit to the water and sewer systems. Any such
resolution must:
1.Specify the circumstances and conditions under which a deferral may be allowed or disallowed.
2.Specify the points in time when the deferral may be requested, granted, and when payment of fees is
required.
3.Specify costs to be incurred with deferral and fee payment and who is responsible for paying those
costs.
4.Specify the process to receive and process a request for a deferral, including any administrative fees or
required security for payment.
5.Specify the process for recognizing the payment of deferred fees and the release of any limitations on
the property.
6.Require an impact fee deferral agreement and related documents as approved by the city attorney to
be recorded at the Gallatin County Clerk and Recorder's Office securing the amount due, including a
covenant running with the land agreeing that a certificate of occupancy or other permit required by
this division when a certificate of occupancy is not required will not be provided until payment of the
deferred fees is verified.
Sec. 2.06.1730. Appeals, administration, and interpretation.
A. 1. Any determination made by any official of the city charged with the administration of any part of this division
may be appealed to the city manager by filing:
a.A written notice of appeal on a form provided by the city;
b.A written explanation of why the appellant feels that a determination was in error including any
supporting documentation; and
350
Page 23 of 23
c.An appeal fee of $500.00 with the impact fee coordinator within 15 business days after the
determination for which the appeal is being filed.
2.The city manager must review the appeal within 30 working days of the date the written appeal was
presented to the impact fee coordinator. If the city manager concludes that all or part of a
determination made by an official of the city charged with the administration of any part of this
division was in error, then the appeal fee described in this subsection must be returned to the
appellant.
B.The impact fee coordinator is responsible for interpretation of this division.
C.Violation of this division is a misdemeanor and is subject to those remedies provided in section 1.01.210.
Knowingly furnishing false information to any official of the city charged with the administration of this
division on any matter relating to the administration of this division, including without limitation the
furnishing of false information regarding the expected size, use, or impacts on services from a proposed
development, is a violation of this division. In addition to, or in lieu of, any criminal prosecution, the city, or
any applicant for a permit of the types described in section 2.06.1650.A.1, 2.06.1660.A.1, 2.06.1670.A.1, or
2.06.1680.A.1 have the right to sue in civil court to enforce the provisions of this division.
D.The section titles used in this division are for convenience only and do not affect the interpretation of any
portion of the text of this division.
E.A judicial action regarding the City Manager’s decision on an appeal made pursuant to subsection A.2 of this
section may be made as authorized by state law.
351
Memorandum
REPORT TO:City Commission
FROM:Tom Rogers, Senior Planner
Chris Saunders, Community Development Manager
Erin George, Interim Director of Community Development
SUBJECT:Ordinance 2173, Final Adoption Establishing a Zoning Designation of B-2M,
Community Commercial-Mixed District, on Property Located on the
Southeast Corner of West Babcock and South 20th Street on 0.421 Acres, the
1920 West Babcock Zone Map Amendment, Application 24024
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Finally adopt Ordinance 2173.
STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning,
ranging from building design to neighborhood layouts, while pursuing urban
approaches to issues such as multimodal transportation, infill, density,
connected trails and parks, and walkable neighborhoods.
BACKGROUND:The owner, Maloney Holdings, LLC, 101 South Main Street, Suite 301, Sioux
Falls, SD 57104, submitted application to rezone a property totaling 0.249
acres, plus adjacent right-of-way, from R-O to B-2M. The property is
currently vacant after the recent tear down of the previous building on the
property. No future development plans were submitted with the application.
However, the property owners previously submitted a concept review for a
proposed 5-unit residential building (Concept 23-209).
The property is not within the NCOD, a historic district, or a city recognized
neighborhood. The underlying Future Land Use designation is Community
Commercial Mixed-Use. Both the existing R-O and proposed B-2M zoning are
implementing districts of the Community Commercial Mixed-Use
classification. The properties directly to the south are in the Urban
Neighborhood designation.
On June 3, 2024, the Community Development Board held a hearing on the
application and voted 7:0 to recommend approval to the City Commission.
On The Commission voted (4:0) to approve Application 24024 on August 13,
2024, to change the zoning classification on 0.421 acres from R-O,
Residential Office, to B-2M, Community Commercial-Mixed District subject
to contingencies necessary for final adoption.
352
The property is addressed as 1920 West Babcock and generally located on
the southeast corner of West Babcock and South 20th Street.
Ordinance 2173 was provisionally adopted on October 8, 2024.
UNRESOLVED ISSUES:None
ALTERNATIVES:As determined by the Commission.
FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds
will be changed by the Zone Map Amendment. Future development will
incur costs and generate review according to standard City practices.
Attachments:
24024 1920 West Babcock Ordinance 2173.pdf
001 - 01 1920 West Babcock Zone Map Amendment.pdf
Report compiled on: September 26, 2024
353
Ord 2173
Page 1 of 5
ORDINANCE 2173
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP ON PROPERTY
ADDRESSED AT 1920 WEST BABCOCK STREET FROM R-O, RESIDENTIAL
OFFICE, TO B-2M, COMMUNITY COMMERCIAL-MIXED DISTRICT, ON 0.421
ACRES, KNOWN AS THE 1920 WEST BABCOCK ZONE MAP AMENDMENT,
APPLICATION 24024.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and
WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps
if a public hearing is held and official notice is provided; and
WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct
a public hearing and submit a report to the City Commission for all zoning map amendment
requests; and
WHEREAS, the City of Bozeman Zoning Commission has been created by Section
2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth
the procedures and review criteria for zoning map amendments; and
WHEREAS, the proposed zone map amendment application to amend the City of
Bozeman Zoning Map to change the zoning classification of R-0 (Residential Office) to B-2M
(Community Commercial-Mixed District) on 0.249 acres has been properly submitted, reviewed,
and advertised; and
WHEREAS, after proper notice, the Bozeman Community Development Board acting in
their capacity as the Zoning Commission held a public hearing on June 3, 2024, to receive and
review all written and oral testimony on the request for a zone map amendment; and
354
Ordinance No. 2173, 1920 West Babcock Zone Map Amendment
Page 2 of 5
WHEREAS, the Bozeman Zoning Commission recommended the Bozeman City
Commission that application No. 24024 the 1920 West Babcock Zone Map Amendment, be
approved as requested by the applicant; and
WHEREAS, after proper notice, the City Commission held its public hearing on August
13, 2024, to receive and review all written and oral testimony on the request for the zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the zone map amendment
criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map
amendment would be in compliance with the criteria.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
Legislative Findings
The City Commission hereby makes the following findings in support of adoption of this
Ordinance:
1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution
5133 to establish policies for development of the community including zoning.
2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City
reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA.
3. Zoning, including amendments to the zoning map, must be in accordance with an adopted
growth policy.
4. A staff report analyzing the required criteria for a zone map amendment, including
accordance to the Bozeman Community Plan 2020, has found that the required criteria are
satisfied.
5. The two required public hearings were advertised as required in state law and municipal
code and all persons have had opportunity to review the materials applicable to the
application and provide comment prior to a decision.
6. The Bozeman Zoning Commission has been established as required in state law and
conducted their required public hearing; and after consideration of application materials,
staff analysis and report, and all submitted public comment recommended approval of the
application.
355
Ordinance No. 2173, 1920 West Babcock Zone Map Amendment
Page 3 of 5
7. The City Commission conducted a public hearing to provide all interested parties the
opportunity to provide evidence and testimony regarding the proposed amendment prior to
the City Commission acting on the application.
8. The City Commission considered the application materials, staff analysis and report,
Zoning Commission recommendation, all submitted public comment, and all other relevant
information.
9. The City Commission determines that, as set forth in the staff report and incorporating the
staff findings as part of their decision, the required criteria for approval of the 1920 West
Babcock Zone Map Amendment have been satisfied.
Section 2
That the zoning district designation of the following-described property is hereby designated as
B-2M, Community Commercial-Mixed District:
An area of land comprised described as follows:
A portion of land being Lot 10, Block 1 of the Kirk Subdivision (Plat F-1), and the
adjoining 30 feet of Right-of-Way for West Babcock Street and South 20th Ave.,
located in Sec. 11, T. 2 S., R. 5 E., City of Bozeman, Gallatin County, Montana,
more particularly described as follows:
BEGINNING at a calculated position at the Southeast corner of said Lot 10;
thence S 89° 46' 01" W along the southern boundary line of said Lot 10 a distance of
144.74 feet to a calculated position at the southwest corner of said Lot 10;
thence continuing along said bearing S 89° 46' 01" W a distance of 30 feet to plated
centerline of South 20th Avenue (Plat F-1), a calculated position;
thence along said centerline N 00° 08' 37" E a distance of 104.49 feet to the
intersection with the plated centerline of West Babcock Street (Plat F-1), a calculated
position;
thence along said West Babcock Street Centerline N 89° 31' 56" E a distance of
174.75 feet to a calculated position;
thence leaving said centerline on a bearing of S 00° 08' 35" W a distance of 30 feet
to the Northeast corner of said Lot 10, a calculated position;
thence along the Eastern boundary line of said Lot 10, S 00° 08' 35" W a distance of
75.21 feet to the Point of Beginning. Containing 18,322 square feet or 0.421 acres,
more or less.
SUBJECT to all easements of record or apparent from visual inspection of the property.
356
Ordinance No. 2173, 1920 West Babcock Zone Map Amendment
Page 4 of 5
Section 3
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 4
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 5
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 6
Codification.
This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a
disposition list in numerical order with all other ordinances of the City and shall be organized in a
category entitled “Zone Map Amendments.”
Section 7
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
357
Ordinance No. 2173, 1920 West Babcock Zone Map Amendment
Page 5 of 5
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the ___th day of _______________, 2024.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of
________________, 2024. The effective date of this ordinance is _____________, ____, 2024.
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
358
359
Memorandum
REPORT TO:City Commission
FROM:Anna Saverud, Chief Civil Attorney
SUBJECT:Ordinance 2172, Final Adoption Repealing Chapter 34, Article 9 and Chapter
20, Articles 1 and 2 of the Bozeman Municipal Code, and Establishing
Chapter 2, Article 8, Division 2 Prohibiting Camping on Public Property and
the Public Right-of-Way and Authorizing the Establishment of a Permit
System for Limited Camping on the City Right-Of-Way for Persons
Experiencing Homelessness
MEETING DATE:October 22, 2024
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Consider the Motion: I move to adopt Ordinance 2172.
STRATEGIC PLAN:3.2 Health & Safety Action: Work with our partners to improve education,
public awareness, and to coordinate programs concerning emergency
services, criminal justice, and important social services.
BACKGROUND:
On August 6th the City Commission held a work session on urban camping.
This work session followed the U.S. Supreme Court’s June 28, 2024 decision
in Johnson v. Grants Pass, which overruled the 9th circuit caselaw the City
had been beholden to when regulating its right of way and public property.
City staff discussed Ordinance 2147 which are the current regulations for
urban camping and the provided the Commission with assessments of what
has worked well under the ordinance and what problems and impacts
persist on the right of way. City staff discussed options with the
Commission related to camping on the right-of-way and received direction
and considerations for a revised ordinance. A link to the presentation;
discussion; and agenda packet including the legal background can be found
here.
City staff took the Commission feedback from the work session along with
direction from the city manager and drafted Ordinance 2172. The intent of
Ordinance 2172 is to establish a generally applicable law that prohibits
camping on the right of way and on public property, while allowing a limited
permit system for persons experiencing homelessness who comply with
regulations to camp on the right of way. The ordinance proposes enhanced
regulations beyond those currently in code for a permittee. The ordinance
360
also proposes establishing misdemeanor penalties for violations of the
general camping prohibition and for violating a permit. Ordinance 2172
recommends the permits be limited to 30 days with renewals determined on
a case-by-case basis. Further, the ordinance as proposed, contains a sunset
provision that would have the permit program expire by October 1, 2025.
The full text of Ordinance 2172 is attached.
UNRESOLVED ISSUES:Upstream community solutions to keep persons housed and increase the
number of emergency and transitional housing units the region.
ALTERNATIVES:Amendments to the proposed ordinance at the discretion of the
Commission.
Not adopt Ordinance 2172 and leave Ordinance 2147 in place.
FISCAL EFFECTS:Unknown, but staff anticipates the new ordinance would result in fewer
towing costs and less frequent large scale clean ups involving. For reference,
in FY24 towing costs for the city as it relates to urban camping were
approximately $59,000.
Attachments:
Ordinance 2172 Final.docx
Report compiled on: October 11, 2024
361
ORDINANCE 2172
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING
CHAPTER 34, ARTICLE 9 AND CHAPTER 20, ARTICLES 1 AND 2 OF THE BOZEMAN MUNICIPAL
CODE, AND ESTABLISHING CHAPTER 2, ARTICLE 8, DIVISION 2 PROHIBITING CAMPING ON
PUBLIC PROPERTY AND THE PUBLIC RIGHT-OF-WAY AND AUTHORIZING THE ESTABLISHMENT
OF A PERMIT SYSTEM FOR LIMITED CAMPING ON CITY RIGHT OF WAY FOR PERSONS
EXPERIENCING HOMELESSNESS.
WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and Montana
law to establish programs and laws to protect public health, safety and welfare of the residents
of Bozeman; and
WHEREAS, pursuant to its Charter, the Montana Constitution, and state law, the City may
exercise any power not prohibited by the constitution, law or charter and neither the Montana
Constitution, state law, or the City Charter prohibits the City Commission from adopting this
Ordinance; and
WHEREAS, pursuant to §7-14-4101, MCA, the City has the authority to prevent the
encumbering of streets, sidewalks, alleys or public grounds with obstacles or materials; and
WHEREAS, the United States Supreme Court has long recognized that a municipality has
the right to regulate the use of city streets to assure the safety and convenience of the people in
their use, and further, that governmental authorities have the duty and responsibility to keep
their streets open and available for movement (Cox v. Louisiana,379 U.S. 536 (1965)); and
WHEREAS, in 2019, the United States Ninth Circuit Court of Appeals (Ninth Circuit) issued
its decision in Martin v. Boise, 920 F.3d 584 (9th Cir. 2019), holding in part that the Cruel and
Unusual Punishments Clause of the Eighth Amendment “prohibits the imposition of criminal
penalties for sitting, sleeping, or lying outside on public property for homeless individuals who
cannot obtain shelter;” and
362
WHEREAS, in 2022, the Ninth Circuit issued its decision in Johnson v. City of Grants Pass,
50 F.4th 787 (9th Cir. 2022), holding local ordinances violated the Eighth Amendment to the
extent the ordinances prohibited individuals from taking minimal measures to keep warm and
dry while sleeping (including sleeping in vehicles); and
WHEREAS, in 2024, the Supreme Court of the United States reversed and remanded the
decision in Johnson v. City of Grants Pass and overruled the decision in Martin v. Boise, 920 F.3d
584 (9th Cir. 2019), holding the enforcement of generally applicable laws regulating camping on
public property does not constitute cruel and unusual punishments prohibited by the Eighth
Amendment; and
WHEREAS, currently approximately 150 recreational vehicles, campers, vans and other
vehicles on the public right-of-way are used for residences and related storage of personal
property, and the Commission finds this Ordinance necessary to ensure the public rights-of-way
intended for the purposes of travel for all residents are unencumbered, that street maintenance
including debris removal, street cleaning, and snow removal can occur as needed, that solid
waste or other waste does not accumulate impacting the health of residents or negatively impact
stormwater systems, and to balance community interests and concerns; and
WHEREAS the Commission finds it necessary for the health, safety, and welfare of all
residents to prohibit camping on public property and the public rights-of-way subject to limited
permitted exceptions.
WHEREAS the Commission finds establishing a permit system can provide a lawful place
for persons adhering to the rules to reside for a limited period of time while actively taking steps
to connect with services or obtain transitional and permanent housing.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA:
Section 1
That the entirety of current Chapter 20, Articles 1 and 2 of the Bozeman Municipal Code are
hereby repealed and the division reserved.
363
Section 2
That the entirety of current Chapter 34, Article 9 of the Bozeman Municipal Code is hereby
repealed and the division reserved.
Section 3
That under Chapter 2, Article 8 of the Bozeman Municipal Code a new Division 2 shall be created
and shall be codified as follows:
Division 2: Prohibitions on City Property.
Sec. 2.08.200. – Definitions
Sec. 2.08.210. – Camping Prohibited
Sec. 2.08.220. – Permit Required for Camping on Public Right-of-Way
Sec. 2.08.230. – Violation and Penalty; Abatement
Sec. 2.08.200 – Definitions.
A.The following words and phrases, whenever used in division, have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
1.“Camping” or “camp” means to pitch, erect, create, use, or occupy or otherwise
inhabit camp facilities.
2.“Camp facility” or “camp facilities” include but are not limited to tents, huts,
temporary shelters, structures, vehicles as defined in 36.01.020, recreational
vehicles with or without motive power designed for use as temporary living quarters
or camping, motor homes, camping trailers, tent trailers, truck campers, camper
vans, structures, or any other item used for the purpose of camping.
3.“Public right-of-way” means all real property (including property owned in fee or
obtained through easement or dedication) administered by the city and which is used
for transportation purposes, including streets, roads, bridges, alleys, sidewalks and
boulevards, trails, paths, and other public ways.
Sec. 2.08.210 – Camping Prohibited.
Camping is prohibited on city owned property, easements granted to the city for any purpose,
public rights-of-way regardless of the legal status of the right-of-way, and on property leased by
364
the city. In limited circumstances permits to camp may be approved pursuant to 26.02.050 and
this article.
Sec. 2.08.220 - Permit Required for Camping on Public Right-of-Way.
A. Permits.
1.The city manager is authorized to issue and revoke permits to camp on the public
right-of-way. The city manager may adopt administrative rules to implement a permit
system for persons experiencing homelessness to camp on constructed streets within
a right of way. The administrative rules may include, but are not limited to,
establishing permit eligibility requirements, location requirements, conditions for
permit compliance, and procedures for revoking a permit. The city commission may
establish a fee for permits by resolution.
2.A person experiencing homelessness may apply for a permit to camp on a
street within a public right-of-way. The granting of a permit to camp establishes a
privilege to use the right-of-way for the purpose stated in the permit.
3.Permits may be issued for only the following camp facilities: vehicles as defined in
36.01.020 and recreational vehicles designed for use as temporary living quarters or
camping, motor homes, camping trailers, tent trailers, truck campers, and camper
vans.
4.The city manager may designate streets open to permitted camping that comply with
the place restrictions in this article. The city manager may close public streets that
may otherwise be open to permitted camping after posting a 72-hour notice.
5.A permit to camp shall not exceed 30 days. Renewals will be considered on a case-
by-case basis.
B. In addition to any administratively adopted rules, camping permits are prohibited in the
follow locations:
1.Adjacent to or immediately across from any parcel or lot containing a residential
dwelling including lots or parcels with multi-household dwellings;
2.Within 100 feet of a public entrance of any commercial business or non-profit
organization;
3.Adjacent to or immediately across from the boundary of any public park, or public or
private cemetery;
4.Adjacent to or immediately across from any parcel or lot containing any public or
private school, including secondary, elementary, or preschool, or any lot or parcel
containing a daycare;
5.Any location in violation of any posted parking signs or painted curbs prohibiting
parking or otherwise limiting the hours of parking, including signed street closures;
365
6.Within a bike lane, street median, sidewalk, or public pathway or trail; and
7.Within 50 feet of a waterway, wetland, or other sensitive lands.
C. In addition to any administratively adopted rules, permitted campers must comply with
the following:
1.All permitted camp facilities that are vehicles or were originally designed to be driven
under their own power, must be operational capable of being started and driven
under their own power. All permitted camp facilities that were originally designed to
be towed must becapable of being towed and the permittee must have the means to
tow the camp facility upon demand of the city;
2.All camp facilities and their immediate area must be maintained in a clean and orderly
manner. A clean and orderly manner includes, but is not limited to, all waste, debris
and trash must be in a container and personal items, when not actively being used,
must be stored inside a camp facility;
3.No waste, sewage, debris, trash, personal items, or additional vehicles or trailers may
be discarded of or stored in the right of way;
4.No fires are permitted within the public right-of-way; and
5.Only generators rated not to exceed 60 decibels are permitted to be operated on the
right-of-way. Generators must be stored and located on a paved surface. Fuel must
be in containers designed for the fuel stored therein.
Sec. 2.08.230 Violation and Penalty; Abatement.
A. A violation of 2.08.210 is a misdemeanor punishable by a fine not to exceed $500 or by a
term of imprisonment in the county jail not to exceed 10 days, or both. Each day a
violation occurs constitutes a separate offense.
B. A person who is granted a permit to camp on the right-of-way and fails to comply with
any provision 2.08.220shall be guilty of a misdemeanor punishableby a fine not to exceed
$100. Each day a violation occurs constitutes a separate offense.
C. Any person, or principal of a company or entity that directly or indirectly rents, sublets,
provides, or exchanges for a service, a camp facility to a person to reside on the public
right-of-way shall be guilty of a misdemeanor by a fine not to exceed $500 or by a term
of imprisonment in the county jail not to exceed 10 days, or both. Each day a violation
occurs constitutes a separate offense.
D. The city may abate or cause to be abated any unpermitted camp facility, property, or
other personal items in the public right-of-way by conspicuously posting a 72-hour notice
of abatement. After the 72-hour notice period, any items remaining will be considered
abandoned and subject to disposal. No notice is required to abate waste, debris, trash, or
366
abate a condition impeding traffic or when the condition poses an imminent risk to public
health or safety.
E. The city may abate or cause to be abated any permitted or unpermitted camp facility
being used for camping in a location prohibited by 2.08.220 B after posting a notice on or
near the camp facility for at least 24 hours prior to removal. No notice is required if the
camp facility is impeding traffic or poses an imminent risk to public health or safety.
F. The city may seek the costs of abatement including the costs of towing and impoundment
be assessed against the owner as restitution in criminal case or as part of a judgement in
a civil proceeding.
G. This article may be enforced by any city law enforcement officer or code enforcement
officer. Determinations regarding abatement or emergency removal without notice shall
be made by the director of transportation and engineering or the director of parks and
recreation, as appropriate.
Section 4
That Chapter 26 Article 2 Section 26.02.030 A of the Bozeman municipal Code be amended as
follows:
Sec. 26.02.030. Park prohibitions.
A.It is unlawful for any person in a park or in or adjacent to a recreational facility to:
1. - 15. …
16. Camp outside of the authorized park hours established pursuant to 26.02.200 without
first obtaining a reservation permit pursuant to this article. Camping overnight in a
park or in or adjacent to a recreational facility is punishable by 2.08.230;
17. – 27. …
Section 5
Sunset.
Section 2.08.220 and Sections 2.08.230 B and E shall expire on October 1, 2025. A
permit issued and effective prior to October 1, 2025, remains effective for the duration of the
permit. In no event will camping be permitted after November 1, 2025. The City Attorney may
issue a codification order removing the above from the Bozeman Municipal Code.
367
Section 6
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this Ordinance are, and the same are hereby, repealed and all other provisions of the ordinances
of the City of Bozeman not in conflict with the provisions of this Ordinance shall remain in full
force and effect.
Section 7
Savings Provision.
This Ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 8
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
Ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this Ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 9
Codification.
The provisions of Section 3 shall be codified as appropriate in Chapter 2, Article 8 of the
Bozeman Municipal Code. The provision of Section 4 shall be codified as appropriate in Chapter
26 Article 2 of the Bozeman Municipal Code.
368
Section 10
Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on
first reading at a regular session held on the 8th day of October 2024.
____________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City
of Bozeman, Montana on second reading at a regular session thereof held on the 22nd of
October, 2024. The effective date of this ordinance is November 21, 2024.
_________________________________
TERENCE CUNNINGHAM
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
369