HomeMy WebLinkAbout02-04-25 City Commission Agenda and Packet MaterialsA. Call to Order - 6:00 PM - Commission Room, City Hall, 121 North Rouse
B. Pledge of Allegiance and a Moment of Silence or Mindfulness
C. Changes to the Agenda
D. FYI
E. Commission Disclosures
F. Consent
F.1 Accounts Payable Claims Review and Approval (Edwards)
F.2 Approve City of Bozeman Study Commission Budget (Maas)
F.3 Acknowledge Receipt of Petition to Rename Elaine Road to Naughty Trout Lane and Direct
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, February 4, 2025
How to Participate:
If you are interested in commenting in writing on items on the agenda please send an email to
comments@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the
meeting. At the direction of the City Commission, anonymous public comments are not distributed to
the City Commission or staff.
Public comments will also be accepted in-person and through video conference during the appropriate
agenda items but you may only comment once per item.
As always, the meeting will be recorded and streamed through the Commission's video page and
available in the City on cable channel 190.
For more information please contact the City Clerks' Office at 406.582.2320.
This meeting will be held both in-person and also using an online video conferencing system. You
can join this meeting:
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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-
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Staff to Review the Petition(Maas)
F.4 Authorize the Mayor to Sign the MT Historic Preservation Certified Local Government (CLG)
Grant Application.(Rosenberg)
F.5 Authorize the City Manager to sign a Percent for Art Agreement with The Designosaur for
Swim Center Interior Mural(Ziegler)
F.6 Authorize the City Manager to sign a Percent for Art Agreement with Drift Murals for Swim
Center Exterior Mural(Ziegler)
F.7 Authorize City Manager to Sign an Agreement for Purchase of Furniture and Related
Services for the City Hall Renovation Project under Cooperative Purchasing
Agreements(Ziegler)
F.8 Authorize the City Manager to Sign the 2024 Stormwater Annual Report Form (Oliver)
F.9 Authorize the City Manager to Sign a Section 5303 Planning Contract with the Montana
Department of Transportation for the Purpose of Administering Subrecipient Funding for
the City-Hosted Metropolitan Planning Organization(Butts)
F.10 Authorize the City Manager to Sign a Memorandum of Agreement with the Montana
Department of Transportation for the Riverside Sewer Force Main Project(Gamradt)
F.11 Authorize the City Manager to Sign a Utility Easement and License Agreement with
Northwestern Energy for Christie Fields and Langhor Park(Jadin)
F.12 Authorize the City Manager to Sign Task Order 2023TETC-006 with Sanbell to Provide Design
Services for the Oak Street and Ferguson Avenue Intersection Project(Lonsdale)
F.13 Authorize the City Manager to Sign a Professional Services Agreement with TD and H
Engineering for the College St 8th to 11th Project(Lonsdale)
F.14 Authorize the City Manager to Sign a Professional Services Agreement with Morrison
Maierle, Inc. for the Municipal Groundwater Supply Project.(Heaston)
F.15 Authorize City Manager to Sign Amendment 2 to the Professional Services Agreement with
DOWL, LLC for Bidding and Construction Phases of the Riverside Lift Station and Force Main
Project(Gamradt)
F.16 Authorize the City Manager to Sign Amendment 3 to Task Order 2023TETC-003 with Sanbell
to Provide Bidding Assistance and Construction Administration Services for the South
Willson Avenue and Garfield Street Rectangular Rapid Flashing Beacon(Lonsdale)
F.17 Authorize the City Manager to Sign Amendment 6 to the Professional Services Agreement
for the Field Survey Term Contract with Sanbell, to Facilitate Design of Upcoming Capital
Improvements Projects(Gamradt)
G. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the
Commission
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H. Action Items
H.1 Unified Development Code (UDC) Update Supplemental Engagement Phase 1 Report (Clark)
H.2 Ordinance 2025- #### Amending Ethics Opinions and Complaint Procedures (Giuttari)
I. FYI / Discussion
J. Adjournment
This is the time to comment on any matter falling within the scope of the Bozeman City
Commission. There will also be time in conjunction with each agenda item for public comment
relating to that item but you may only speak once per topic. Please note, the City Commission
cannot take action on any item which does not appear on the agenda. All persons addressing the
City Commission shall speak in a civil and courteous manner and members of the audience shall be
respectful of others. Please state your name, and state whether you are a resident of the city or a
property owner within the city in an audible tone of voice for the record and limit your comments
to three minutes.
Written comments can be located in the Public Comment Repository.
Consider the Motion: Having reviewed and considered the Ordinance Amending Ethics Opinions and
Complaint Procedures, I hereby move to to adopt the ordinance.
City Commission meetings are open to all members of the public. If you have a disability that
requires assistance, please contact our ADA Coordinator, David Arnado, at 406.582.3232.
Commission meetings are televised live on cable channel 190 and streamed live on our Meeting
Videos Page.
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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:February 4, 2025
AGENDA ITEM TYPE:Finance
RECOMMENDATION:The City Commission is recommended to make a motion and approve
payment of claims as presented.
STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable
sources of funding for appropriate City services, and deliver them in a lean
and efficient manner.
BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented
to the City Commission within one year of the date the claims accrued.
Claims presented to the City Commission under this item have been
reviewed and validated by the Finance Department. The Department has
ensured that all goods and services have been received along with necessary
authorizations and supporting documentation. Please provide approval for
checks dated January 15th and 22nd, 2025.
UNRESOLVED ISSUES:None
ALTERNATIVES:The City Commission could decide not to approve these claims or a portion
of the claims presented. This alternative is not recommended as it may
result in unbudgeted late fees assessed against the City.
FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the
Expenditure Approval List posted on the City’s website at
https://www.bozeman.net/departments/finance/purchasing.
Report compiled on: August 21, 2024
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Memorandum
REPORT TO:City Commission
FROM:Mike Maas, Ex Officio
SUBJECT:Approve City of Bozeman Study Commission Budget
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Approve City of Bozeman Study Commission Budget
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, 7-3-184(1), states "A study commission shall
prepare a budget for each fiscal year that it is in existence and shall submit it
to the local governing body for approval."
On January 22, the Study Commission conducted a public meeting and set
their budget for the duration of their efforts with the understanding that
they will potentially need to revise as the progress moves along. At the
beginning of Fiscal Year 26, the opportunity will be afforded to the Study
Commission to provide the updated budget in accordance with state law.
UNRESOLVED ISSUES:None identified
ALTERNATIVES:As per the City Commission
FISCAL EFFECTS:$245,207.74 was levied for the conduct of the Study Commission.
Attachments:
Study Commission Approved Budget.xlsx
Report compiled on: January 29, 2025
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Total Funds Levied or Appropriated
Election 35,000.00$
Travel/Training 15,000.00$
Contracted Services 90,000.00$
Public Hearings 96,000.00$
Other: 1,000.00$
8,207.74$
Total Expenses 245,207.74$
Claims to be approved on Consent
Approved by Study Commission on:
Study Commission Chair (Print & Sign)
Study Commission Clerk/Secretary (Print
& Sign)
Submitted Bozeman City Commission
Bozeman Study Commission Budget 2024-2026
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245,207.74$
Bozeman Study Commission Budget 2024-2026
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Memorandum
REPORT TO:City Commission
FROM:Mike Maas, City Clerk
Jon Henderson, Assistant City Manager
Chuck Winn, Interim City Manager
SUBJECT:Acknowledge Receipt of Petition to Rename Elaine Road to Naughty Trout
Lane and Direct Staff to Review the Petition
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Acknowledge Receipt of Petition to Rename Elaine Road to Naughty Trout
Lane and Direct Staff to Review the Petition
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:The city received a petition to rename Elaine Road to Naughty Trout Lane.
Resolution 3628 sets the procedure for renaming of streets. Accepting the
petition and directing staff to review the petition is the initial step of that
procedure. Future steps include: completion of an engineering staff report, a
Resolution of Intent, a noticed public hearing, and finally a Resolution to
Rename.
UNRESOLVED ISSUES:None identified
ALTERNATIVES:As per the City Commission
FISCAL EFFECTS:None.
Attachments:
Application for Street Name Change.pdf
Exhibit of Elaine Lane.pdf
Report compiled on: January 29, 2025
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Memorandum
REPORT TO:City Commission
FROM:Jamie Grabinski, Grants Coordinator
Sarah Rosenberg, Associate Planner
SUBJECT:Authorize the Mayor to Sign the MT Historic Preservation Certified Local
Government (CLG) Grant Application.
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Grant
RECOMMENDATION:Authorize the Mayor to Sign the MT Historic Preservation Certified Local
Government Grant Application.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:This is the annual MT Historic Preservation CLG grant application for the
2025-2026 cycle. The City of Bozeman has been designated as a Certified
Local Government (CLG) since 1991 by the State Historic Preservation Office
in partnership with the National Park Service under the National Historic
Preservation Act. The CLG program certifies local governments with historic
preservation programs, provides technical assistance, and annually dedicates
10% of the SHPO's federal funding to communities that are designated as a
CLG. The initial grant offer is $6,000 with a $4,000 match.
With these grant funds, the Historic Preservation Advisory Board will
continue the Bozeman Landmark Program.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As identified by the City Commission.
FISCAL EFFECTS:Expenditures will be made in the Historic Preservation division of the
Planning fund and may require a future budget amendment.
Attachments:
CLG 2025 grant application .pdf
Report compiled on: January 23, 2025
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Memorandum
To: Historic Preservation Officers
From: Kate Hampton, CLG Coordinator
Date: January 14, 2025
Re: CLG Grant Application for 2025-2026
For this grant cycle, we will continue the semi-annual and final reporting/reimbursement cycle. Quarterly requests
for reimbursement, not to exceed half of the total grant, can continue to be submitted, as long there is sufficient
cash and in-kind match for the amount requested ($40 of matching funds for every $60 of grant funds). Please
remember to provide sufficient documentation to determine the allowability of the charges reimbursed, including
pay stubs, invoices, donated services forms with original signatures, and other supporting documents.
Requests to reimburse the full amount of funding can be submitted with the six-month progress report, as long as
sufficient activity and match has been documented.
2025-2026 Schedule – Dates to Remember
January 15, 2025 Announcement of Funds
February 18, 2025 CLG Grant Applications Due to SHPO
Upon Receipt and Approval SHPO Mails CLG Agreements for Signatures
March 25, 2025 Both Signed Agreements to SHPO
April 1, 2025 12-Month Funding Cycle Begins
September 30, 2025 Mid-Point of Funding Cycle
October 31, 2025 Six-Month Progress Report & Request for Reimbursement due
March 31, 2026 Funding Cycle Ends
April 30, 2026 Final Progress Report and Request for Reimbursement due
Grant for 2022-2023:
As of this writing, the US Congress has not appropriated this federal fiscal year’s budget. However, we anticipate
offering annual grants for up to $6000. Those who received $2000 -$4000 last year may apply for $2000 or up to
$6000 - please consult with MT SHPO. However, until the US Congress has finalized the appropriation, the CLG
grants are subject to increase or decrease. Enclosed you will find the annual grant application that MT SHPO offers
for certified CLGs.
CLG Program Grant Application Due: Wednesday, February 18, 2024
Email applications to Kate Hampton, khampton@mt.gov
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CLG Application Notes and CLG Reminders:
1. Please explain for what project you plan to use your CLG subgrant, and what products will be produced.
2. Remember annual CLG training is required. At least one person from each CLG’s preservation program must
attend a SHPO-approved training between April 1, 2025 and March 31, 2026.
3. The state mileage rate is $0.70 per mile. The lodging reimbursement rate is $110.00 per night plus taxes (may
vary by location, check with SHPO for rates).
4. Volunteer time reimbursement rate is $30.84 (unless a person is volunteering their time in an official
professional capacity; then they can record their regular professional services pay rate. This rate shall not
exceed the maximum daily rate of compensation in the Federal Civil Service equal to 120 percent of a GS-15,
step 10 salary (According to FederalPay.org as of January 2024, up to a maximum $109.48/hr., in place of the
volunteer rate).
5. Please attach a list of the historic preservation board members, their professional discipline or citizen
membership, term (year ending) and contact information (include email addresses if available). Please notify
us of any changes that have occurred. If you have new board members, please send us their current resume
for our record.
6. Please continue submitting your meeting minutes with your progress reports. They have been very helpful
with our reporting requirements. Agendas are helpful but not necessary.
7. For CLGs that have design review responsibilities, please track the number of reviews you complete over the
course of the grant period.
8. In the Scope of Work, please tie your tasks to your local government’s and/or historic preservation
commission’s Preservation Plan. If not, please explain why.
9. Consider looking to other state and federal grants to supplement your program. Remember, the SHPO CLG
grant cannot be used as federal match, or vice versa.
Annual CLG Program Funding
We anticipate 14 Montana communities will apply for CLG subgrants this grant cycle. Each year, we are required by
the National Park Service to pass-through at least 10% of our annual funding to CLGs. This coming year, we anticipate
allocating $82,000 to the CLGs via annual grants. Investment in the CLG program is not only a wise use of our funds
but crucial to preservation efforts in our state, and we will continue to look for opportunities to increase CLG funding.
We stress public outreach in the CLG program. Please continue your outreach programs and develop new ones to
involve all ages in your community. Please also consider programs and projects that have tangible/measurable
outcomes.
Please provide a copy of this correspondence to your CLG Board or Commission for their review and assistance.
The application form requires a copy of your meeting minutes that confirm your application was discussed and
approved by the Board/Commission.
Please verify the current UEI and Tax ID numbers for your organization, or the organization through which you
receive your payments. (your CLG local government)
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Guidelines for 2025-2026 CLG Grant Eligibility
CLG guidelines include the following:
1. CLG program grants must be matched on at least a 60/40 basis, cash and/or in-kind.
2. To qualify for the maximum 12-month funding level – $6,000.00 – CLGs must have a Historic Preservation
Officer working at least 80 hours per month. The local historic preservation program must have an
established address, telephone number, and message retrieval system. (Hours may not be carried forward or
back into another month.)
3. All CLGs must maintain a historic preservation commission that meets at least quarterly.
4. Maximum grant amount of $6,000.00 can be used towards projects directly associated with the local historic
preservation program. Grant expenditures on SHPO-approved, tangible/measurable projects strongly
preferred. Matching funds and grant fund expenditures may also include HPO salaries.
Overhead/administrative costs should not exceed 25% of the grant or matching funds. Check with SHPO to
ensure your proposed project qualifies for funding under the grant. Bricks and mortar projects must meet
SOI standards, benefit a NR-listed property, and complete Section 106 and NEPA review prior to the
beginning of the project. Minimum match is $4,000.00, and match above minimum is always greatly
appreciated.
5. CLGs must submit a Six-Month Progress Report and a Final Report, including meeting minutes, and Requests
for Reimbursement that meet documentation and reporting requirements and are delivered on-time.
6. Unspent CLG funds revert to SHPO. Reverting funds may jeopardize the CLG’s future funding.
For more guidance on administering CLG funds in Montana, please refer to the Montana Certified Local Government
Manual, https://mhs.mt.gov/Shpo/docs/CLG_Manual.pdf, as well as the NPS Historic Preservation Fund Grants
Manual, https://dpnr.vi.gov/wp-content/uploads/2021/02/HPF_-Grants-Manual-419-Pages.pdf
Components of 2025-2026 Complete Grant Application
1. Completed CLG Application form, including:
a. Contact information
b. Scope of work
c. Detailed budget table
d. Sources of revenue/funding
e. Signed CLG and Commission form
2. List of current CLG Commission members (including contact information, i.e. email)
3. An electronic version of the Preservation Plan. Either a link to where the plan is available on the web or via
email to Kate.
4. Tax ID and UEI Number.
If you have any questions regarding this application, please contact us:
CLG Program and financial Inquiries:
Kate Hampton
406-444-7742
khampton@mt.gov
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Certified Local Government
Grant Application
For the grant period
April 1, 2025 to March 31, 2026
Application Deadline
February 18, 2025
Montana State Historic Preservation Office
PO Box 201202
Helena, MT 59620-1202
(406) 444-7715
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2025-2026 GRANT APPLICATION
CERTIFIED LOCAL GOVERNMENT PROGRAM
Certified Local Government: ___City of Bozeman_________________________________________
Address: ___121 N. Rouse Avenue, Bozeman, MT 59715__________________________________
Contact Person: __Sarah Rosenberg, Historic Preservation Officer _________________________
Tax ID: _81-6001238_______________________________________________________________
Unique Entity Identifier (UEI): _____________________________________________________
Period of Grant Request: April 1, 2025 to March 31, 2026
Scope of Work: The National Park Service asks we grant funds to CLGs for kinds and levels of work that reflect
increasing sophistication, skills, and roles by the Preservation Officers, in other words, tasks that reflect improvement
in community thinking. For this section, please itemize special projects, products or projects starting or completing,
meetings to be attended, regular work duties, etc., and specifically, ways in which the federal grant funds will help a
project or program beneficial to the growth and development of the local program. Please tie your tasks to your
community’s Preservation Plan. If not, please explain.
(❒ Check if Scope of Work is continued on additional pages.)
The City of Bozeman Historic Preservation Program is well established and continues to reinvest in preservation
activities. The program was created in 1991 with the establishment of the Neighborhood Conservation Overlay
District (NCOD) and adoption of historic preservation regulations as outlined in Section 38.340 of the Bozeman
Municipal Code. The City of Bozeman does not have a Historic Preservation Plan but uses this section of code along
with supporting reports and city documents to help guide the future of the program. The program is housed under
the Community Development Department. Having a NCOD and historic preservation regulations requires additional
planning review for any property within the NCOD through certificate of appropriateness (COA) applications. In 2024,
there were 75 applications received. Each of these COA applications are reviewed administratively by the Historic
Preservation Officer and Planning Staff and have no design review by the Historic Preservation Advisory Board.
Reports over the years evaluated the historic preservation program and the NCOD that note the successes of the
program but also recommended changes. In 2023, the City of Bozeman hired consultant firm, Community Planning
Collaborative, to assist in implementing the changes and revamping the current program. The original budget was for
$86,258.00 to complete the project from fall 2023-summer 2025. Due to some minor setbacks and a slight change in
scope, the City is currently in the process to amend the budget with the consultant to add additional funds and allow
extra time to complete the project. The original scope is attached.
This project is called “the Bozeman Landmark Program”. The scope will do the following: Evaluate Section 38.340 of
the Unified Development Code - where all things historic preservation and standards for the NCOD reside; Assess the
review criteria and standards for certificate of appropriateness applications; Reevaluate the NCOD - determine the
effectiveness of the district and its boundary and how it relates to the historic preservation program as a whole since
this project is looking at the entire city and not just the NCOD; Create a Landmark Program and nomination process
which can identify places of importance that may not be recognized as significant at the National level and can
establish its own locally-specific standards and regulations. The project is divided into two phases. The first phase
focuses on research and community engagement that will result in policy recommendations. The second phase will
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put the recommendations into action (subject to City Commission authorization) by drafting and preparing necessary
code amendments.
The project kicked off in November 2023 with a visit from the consultants. From the start of the project until June
2024, the project team worked on researching and data gathering. Community engagement efforts kicked off in July
2024 and included open houses, focus group conversations, event tabling, and a survey. We received almost 300
survey responses and had a great turn out at events. This engagement helped with implementation and developing
ways to rebrand and revise the program. Upon the conclusion of community engagement, the project team
developed a preliminary report ahead of the final report that outlined preliminary recommendations at a high level.
This report was reviewed by the Historic Preservation Advisory Board (HPAB), Community Development Board, and
City Commission over the fall. Based on feedback, the project team is in the process of developing the final report
which will be heard by HPAB, the Community Development Board, and the City Commission late winter 2025. The
adoption of this report will direct the project team into phase 2 of the of the project to create the policy, draft code
language, and develop other supporting documents. The project is expected to wrap up late summer or early fall
2025.
The Historic Preservation Advisory Board meets monthly. Over 2024, they have participated in the Local Landmark
project, hosted Historic Preservation Month in May 2024, and participated in the National Alliance of Preservation
Commissions Commission Assistance and Mentoring Program. The board members continue their dedication to
promoting the historic preservation program.
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BUDGET
4-1-2025 to
3-31-2026 Budget
Cash Amount Cash Source In-kind
Amount
In-kind Source Total
A. Salaries, Wages,
Benefits
$107,545.46 CI
B. Office Rental
C. Equipment
D. Supplies &
Materials
Itemize major
categories
E. Postage
F. Telephone
& Internet
G. Photocopies
H. Preservation
Commission
Number of hours X
* rate X number of
members X number of
meetings
2 hours
$30.84/hr
7 members
12 meetings
Volunteer
advisory board
$5181.12
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I. Volunteers
Hours X * rate X
number of volunteers.
J. Travel Mileage
Number of miles X
$0.70. Include funds
for HPO and/or
Commissioners to
attend CLG annual
training
K. Travel Meals
# of Meals X rate:
Breakfast - $8.25
Lunch - $9.25
Dinner - $16.00
L. Lodging
$110.00 plus tax
X number of nights
M. Project (s)
Expenses – fully
itemized
N. Other Expenses –
fully itemized.
$86,258.00 CI
M. Total Expenses
SOURCE KEY:
F-Federal
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CI-City
CO-County
NP- Private/Non-Profit
* Federally approved minimum rate for volunteers is $30.84 per hour.
SOURCES OF REVENUE/FUNDING AMOUNT
Itemized Cash Match Source
__City of Bozeman HPO Gross Pay _____________ _$107,545.46___
Community Planning Collaborative Consultant Services
Contract________________________________________ _$86,258.00____
Itemized In-Kind Match Source
_Historic Preservation Advisory Board________________ __$5181.12_____
Federal HPF Grant Request from SHPO
_CLG Grant______________________________________ _$6000_______
TOTAL REVENUE _$204,984.58__
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Certified Local Government
Historic Preservation Commission Chairperson or President
Signature ________________________________________ Date _________________________
Name (typed) _Chelsea Holling_____________________________________________________
Address _PO Box 1230, Bozeman, MT 59771__________________________________________
Telephone _NA___________________________________________________________________
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Certified Local Government
Chief Elected Official
Signature ________________________________________ Date _________________________
Name (typed) __Terence Cunningham________________________________________________
Title __Mayor___________________________________________________________________
Address __PO Box 1230, Bozeman, MT 59771_________________________________________
Telephone _406-600-0987_________________________________________________________
(The local government administrator may sign in addition to the Chief Elected Official.)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * *
Certified Local Government
Historic Preservation Officer
Signature _________________________________________ Date ________________________
Name (typed) _Sarah Rosenberg____________________________________________________
Address _20 E. Olive Street, Bozeman MT 59715_______________________________________
Telephone _406-587-2297_________________________________________________________
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Please attach the meeting minutes (or an alternate way in writing) at which your application was discussed and
approved by the Preservation Board/Commission.
Please attach a list of the historic preservation board members’ names citizen membership, terms (year ending), their
professional discipline or status as a citizen member on the board and contact information.
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BOZEMAN HISTORIC PRESERVATION ADVISORY BOARD (BHPAB)
Board / Committee First Name Last Name Email Expires
BHPAB | Historic District Representative Elizabeth Darrow elizabeth.darrow@gmail.com June 30, 2025
BHPAB | Professional Designation Chelsea Holling cnholling91@outlook.com June 30, 2026
BHPAB | Architect Michael Wiseman mike@arch118.com June 30, 2025
BHPAB | At-Large Linda Semones lindasemones@hotmail.com June 30, 2026
BHPAB | Professional Designation / Chair Allyson Brekke allycaroline@gmail.com June 30, 2026
BHPAB | At-Large Ashley Wilson ashleyharville@yahoo.com June 30, 2025
BHPAB | At-Large Jim Webster jwebster587@gmail.com June 30, 2027
Staff Liaison Sarah Rosenberg srosenberg@bozeman.net
Commission Liaison Jennifer Madgic jmadgic@bozeman.net
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Professional Services Agreement for Historic Preservation Policy & Local Landmark Program 22338
Page 1 of 15
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2023 (“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
Community Planning Collaborative, 221 N. Hogan Street, Suite 237, Jacksonville, FL 32202, 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 and Schedule attached hereto as Attachments A and C and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the
30th day of June 2025, unless earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in accordance with
the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless
specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the not-to-exceed fixed fee amount of $74,400.00 plus
the actual cost of reimbursable expenses or the estimated costs as specified in Attachment D, whichever is less.
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 Attachment D. The City must agree in writing upon any additional charges.
City agrees to pay the Contractor in full within 30 days of invoices submitted on a monthly basis. Monthly
invoices will detail hours expended and tasks completed from the scope of services outlined in Attachment D.
5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes
the following representations:
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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 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.
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7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the
fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its
agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City)
from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and
fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently
or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and
without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way
related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii) any negligent, reckless,
or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to
indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including
reasonable defense attorney fees, to the extent caused by the negligence or intentional misconduct of the
Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of
indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to
negate, abridge, or reduce any common-law or statutory rights of the City as indemnitee(s) which would otherwise
exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to contribution
from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to defense or
indemnification under this Agreement or under the Contractor’s applicable insurance policies required below, the
City shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification
or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the
claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under this Agreement,
the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of contribution
for loss or damage to person or property arising from, growing out of, or in any way connected with or incident
to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person
or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed hereunder.
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In addition to and independent from the above, 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 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 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
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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, 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 Sarah
Rosenberg, Historic Preservation Officer, 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
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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 Adrienne Burke, Principal at Community Planning Collaborative, 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. As affirmed in Attachment
B 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.
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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.
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.
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19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney
to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the
prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees,
salary, and costs of in-house counsel including the City Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate
employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives
shall be resolved first by negotiation between senior-level personnel from each party duly
authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties
may invite an independent, disinterested mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was
first raised, then such dispute may only be resolved in a court of competent jurisdiction in
compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not be construed
as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance
thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of
the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal
representatives, successors, and assigns of the parties.
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
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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 June 1, 2025.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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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 COMMUNITY PLANNING COLLABORATIVE
CONTRACTOR
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
Adrienne Burke
Principal/Owner
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Attachment A – Scope of Services
There will be two phases of this project with the ultimate goal to establish a local landmark program.
Phase 1 – Using the 2019 NCOD Policy Direction Report as a baseline, the consultant will help implement and
develop ways to rebrand and revise the current historic preservation program with emphasis on creating a local
landmark program and policies. Prior to creating ordinance language, manuals, or other supporting documents,
the consultant will outline these mechanisms to bring forth to the City Commission which may include, but are
not limited to the following items:
• Identifying policy goals and a process to strengthen the current preservation program and create a local
landmark program, which includes articulating a long term vision, achievable strategies, educational
opportunities, and community engagement;
• Detecting the discrepancies between the zoning districts and how it impacts NCOD, as well as other
impediments of the current historic preservation program and existing code sections. This includes
coordinating with the on-going update to the City’s zoning districts and standards for zone edge
transitions within the NCOD;
• Outlining strategies and policy recommendations that could be adopted to evolve or alter the City’s
current historic preservation program (examples: rebalancing the emphasis of the historic preservation
program between historic architecture and the historic events or context of the people that shaped
Bozeman’s history; determining incentives for historic preservation or maintenance of historic sites and
resources; recommending changes to the role and duties of the HPAB);
• Reviewing existing historic property inventory data and make recommendations regarding future
planning and development efforts within the NCOD and identifying other areas that could be considered
for inclusion in the City’s historic preservation program; and
• Providing policy suggestions to support how preservation can contribute to solutions for larger societal
issues such as climate change, social justice, affordable housing, economic development, community
development, and finance, with an emphasis on innovative and creative tools and techniques that help
embrace a multi-disciplinary approach.
• Conducting public engagement with community members, landowners, business owners, the Historic
Preservation Advisory Board (HPAB), elected officials, city staff, design professionals, and other
stakeholders to gather feedback on the City’s current historic preservation program and ways to
strengthen it; and
Completion of Phase 1 and the written report associated with this phase must be provided to the City by August
30, 2024.
Phase 2 – If the Bozeman City Commission directs staff to proceed with implementing policy recommendations
of Phase 1, the consultant will:
• Draft an ordinance to amend or repeal and replace the preservation section of the code to implement
policy direction provided by the Bozeman City Commission; and
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• Draft an administrative manual and associated administrative documents or forms to implement the local
landmark program ordinance.
The ordinance and administrative manual may include, but are not limited to the following items:
• Outline the process and procedures to implement the local landmark program with emphasis on required
application materials, selection criteria, nomination process, standards, and methods;
• Protection, demolition, and maintenance requirements or standards;
• Incentive measures for preservation or maintenance of historic resources;
• Outline the process and procedures to remove an historic structure or resource from the local landmark
program, including required application materials and criteria for removal;
• The role and duties the Historic Preservation Advisory Board;
• Methods and procedures for data management and documentation of historic resources; and
• Use and presentation of data and documentation for educational and outreach programs.
The deadline for completion of Phase 2 and the written materials associated with this phase will be determined
after receiving policy direction from the Bozeman City Commission.
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Attachment B – Nondiscrimination and Equal Pay Affirmation
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Attachment C – Schedule
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Attachment D – Budget Table
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Memorandum
REPORT TO:City Commission
FROM:David Arnado - Facilities Superintendent
Max Ziegler - Facilities Assistant Superintendent
SUBJECT:Authorize the City Manager to sign a Percent for Art Agreement with The
Designosaur for Swim Center Interior Mural
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Percent for Art Agreement with The
Designosaur for Swim Center Interior Mural
STRATEGIC PLAN:5.2 Support for Public Art: Encourage and support partnerships for public art
and other arts and cultural initiatives in the city.
BACKGROUND:On November 10, 2020, the Bozeman City Commission adopted Ordinance
No. 2056, an ordinance of the City Commission of the City of Bozeman,
Montana establishing a percent for art program. This ordinance was passed
in support of the Bozeman Strategic Plan section 5.2 - Support for Public Art,
which called for the creation of a municipal percent for arts program.
Percent for Art programs have been widely adopted by governments to
support the public arts, requiring the inclusion of art in publicly funded
construction projects by setting aside 1% of the construction budget for the
purchase and installation of art.
The renovation of the Swim Center is the third project eligible for the
Percent for Art program since it was adopted, and from the start
architectural plans were designed to include and prominently display public
art. For this project it was determined that an interior vinyl mural would be
most appropriate for this site, with the interior north wall designated as the
installation location.
To assist the City in establishing the processes and procedures for enacting
the Percent for Art Program, it was decided to contract a professional art
consultant. NINE dot ARTS was selected through a competitive public RFQ
process, and worked with the Swim Center project team to identify the
goals, typology and intents for the art installation. After working with the
team to distill a description of the desired art, NINE dot ARTS published a
Request for Qualifications which was distributed publicly and throughout the
local community.
41
The RFQ responses were scored based on the established project criteria,
and the top submitting artists were asked to provide a proposal for murals.
The proposals were evaluated by the project's art selection committee, and
the submission by The Designosaur (Julia Williams) was selected as being the
most appropriate mural for the location.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by City Commission.
FISCAL EFFECTS:This Percent for Art Agreement will incur a fixed cost of $6,600 to be paid
from the Swim Center Renovation project fund.
Attachments:
Percent for Art Agreement - Designosaur Inc.pdf
Report compiled on: January 22, 2025
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CITY OF BOZEMAN PERCENT FOR ART AGREEMENT
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and
between the City of Bozeman, Montana, a self-governing municipal corporation operating
pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave.,
Bozeman, MT 59771 (“City”), and Designosaur Inc, located at 13403 Quivas St, Westminster,
CO 80234 (“Artist”). The City and Artist may be collectively referred to as the “Parties” in this
Agreement.
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: This contract is agreed to pursuant to the terms outlined in Bozeman City
Ordinance 2056, which established the “Percent for Art Program” in the City. City agrees
to enter into this agreement with Artist for digital artwork which will be installed at the
Bozeman Swim Center (“Artwork”), titled “Otterly Aquatic!” located at the Bozeman
Swim Center, 1211 W Main St., Bozeman, MT 59715, a City owned property. Such digital
artwork is described in the Scope of Services attached to this Agreement as Exhibit A and
by this reference is made a part of this Agreement.
2. Scope of Services: Artist 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, this Agreement governs.
Artwork will be specifically chosen for each project based on selection criteria developed
by the city manger or their designee, working with city staff to analyze and select
appropriate locations and form.
3. Payment: City agrees to pay Artist in accordance with the payment terms set forth in the
Scope of Services for the production and installation of Artwork. All proprietary rights,
excluding copyright, in and to Artwork will be transferred to City upon Artist’s installation
of Artwork, and City’s acceptance of such installation.
4. Representations:
a. Artist represents and warrants that:
i. Artwork is an original Artwork by Artist;
ii. Artist is the legal owner of Artwork;
iii. Artwork does not infringe on any existing copyright;
iv. Artist has not entered into any other assignments, transfers, licenses,
contracts, or mutual understandings that conflict with the terms and
obligations of this Agreement; and
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v. There are no copyright infringement claims currently pending or
threatened, nor does Artist have any reason to believe that any copyright
claims will be brought or threatened in the future.
vi. Artist has familiarized itself with the nature and extent of this Agreement,
Ordinance 2056 and with all other local conditions and federal, state and
local laws, ordinances, rules, and regulations that in any manner may
affect Artist’s performance under this Agreement.
vii. Artist represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations 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. City will not determine or exercise
control as to general procedures or formats necessary for Artist to meet
this warranty.
b. As indicated in City’s Request for Proposals, City represents that it has provided
Artist with accurate requirements, specifications, plans, and/or dimensions for the
Artwork. City agrees that if the requirements, specifications, plans, and/or
dimensions for the Artwork changes, the Parties must modify this Agreement and
Scope of Services.
5. Permits and Compliance with Laws. Artist will obtain, in a timely manner, all required
permits, licenses and approvals, and will meet all requirements of all local, state and
federal laws, rules and regulations which must be obtained or met in connection with the
Artwork.
6. Title of Ownership. Artist shall be the legal owner of Artwork and retain copyright to the Artwork. As set forth in Paragraph 7 of this Agreement, Artist agrees to license to City, upon providing the City with a digital file, the right to reproduce, publicly display,
and distribute Artwork for non-commercial purposes.
7. Authorship. The Artist maintains the right to be identified as the rightful owner and creator of the Artwork whenever the Project are reproduced, published, or otherwise publicly displayed.
8. License of Artwork. Artist assigns an irrevocable license to City to make reproductions,
publicly display, and distribute Artwork for any municipal or public purpose, including
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but not limited to any publicity, as set forth in Paragraph 12, which City deems
appropriate.
9. Waiver of Rights. As required by the U.S. Copyright Act, Artist agrees to sign a 1990
Visual Artists’ Rights Act Waiver (“Waiver”), attached as Exhibit B. Artist acknowledges that by signing the Waiver, Artist is agreeing to voluntarily waive all rights to attribution and integrity with respect to Artwork, and any and all claims that may arise under the Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. §§ 106(A) and 113(d) or any other local, state, or federal law that conveys the same or similar “moral rights,” as
defined by VARA, with respect to Artwork. The authorship rights conferred in Paragraph 7 must be read in conjunction with Exhibit B. 10. Installation of the Artwork. City is responsible for the installation of Artwork.
11. Maintenance, Repairs, and Alterations. City recognizes that maintenance of Artwork
may be necessary. Upon receipt of the digital files, City retains full discretion and
responsibility to maintain and protect Artwork. In particular, City has an interest in
ensuring public safety and the structural safety of the space on which Artwork is
installed. As such, City retains the sole right to determine whether, when, and to what
extent any repairs to Artwork will occur. City is not obligated to provide the Artist notice
before undertaking any repairs or modifications to Artwork. However, the City shall
endeavor to notify the Artist of any proposed alteration of Artwork. Artist is responsible
for maintaining a current contact person and contact information to receive such notice.
City is under no obligation to provide notice to Artist if Artist fails to maintain such
contact information with City.
Should City determine that the decommissioning of Artwork is necessary, Artist shall
have a right of first offer to negotiate with City to reclaim physical possession of the
Artwork.
12. Publicity. Artist will coordinate with City on publicity of Artwork. Publicity includes,
but is not limited to, any interviews, flyers, brochures, mailings, emails social media
posts, blog posts, or verbal communications of any type, either live or pre-recorded.
13. Independent Contractor Status. The Parties agree that Artwork is a “work for hire,” as
defined by federal law, and as such Artist, its agents, employees, contractors, or
subcontractors, are independent contractors for purposes of this Agreement and are not to
be considered employees or agents of City for any purpose. Artist and its agents,
employees, contractors, or subcontractors, are not subject to the terms and provisions of
City’s personnel policies handbook and may not be considered a City employee for
workers’ compensation or any other purpose. Artist, its agents, employees, contractors,
or subcontractors, are not authorized to represent City or otherwise bind City in any way.
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14. Default and Termination. If Artist fails to comply with any condition of this
Agreement at the time or in the manner provided for, City may terminate this Agreement
if the default is not cured within fifteen (15) days after written notice is provided to
Artist. The notice will set forth the items to be cured.
15. Limitation on Artist’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by Artist under this Agreement, Artist’s
damages shall be limited to contract damages and Artist 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 Artist wants to assert a claim for damages of any kind or nature,
Artist must first 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 ninety (90) days of the facts and
circumstances giving rise to the claim. In the event Artist fails to provide such
notice, Artist shall waive all rights to assert such claim.
16. Representatives
a. City’s Representative. City’s Representatives for the purpose of this Agreement
shall be Max Ziegler, Facilities Assistant Superintendent, or such other individual
as City may designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such
communication or submission must be directed to City’s Representatives and
approvals or authorizations will be issued only by such Representatives; provided,
however, that in exigent circumstances when City’s Representatives are not
available, Artist may direct its communication or submission to other designated
City personnel or agents and may receive approvals or authorization from such
persons.
b. Artist’s Representative. Artist’s Representative for the purpose of this
Agreement shall be Julia Williams, or such other individual as Artist designates in
writing. Whenever direction to or communication with Artist is required by this
Agreement, such direction or communication must be directed to Artist’s
Representative; provided, however, that in exigent circumstances when Artist’s
Representative is not available, City may direct its direction or communication to
other designated Artist personnel or agents.
17. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, Artist
agrees to defend, indemnify and hold the City and its agents, representatives, employees,
and officers (collectively referred to for purposes of this Section as the City) harmless
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against all third party claims, demands, suits, damages, losses, and expenses, including
reasonable defense attorney fees, which arise out of, relate to or result from Artist’s (i)
negligence, or (ii) willful or reckless misconduct or any claims arising under U.S.
Copyright law and the Visual Artists Rights Act .
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). Artist’s indemnification obligations under this Section shall be without
regard to and without any right to contribution from any insurance maintained by the
City.
Should any indemnitee described herein be required to bring an action against Artist to
assert its right to defense or indemnification under this Agreement or under Artist’s
applicable insurance policies required below the indemnitee 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 Artist 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 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.
Artist also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except “responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or negligent”
as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement.
In addition to and independent from the above, Artist shall at Artist’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 Artist in this Section. The insurance coverage shall
not contain any exclusion for liabilities specifically assumed by Artist in this Section
unless and to the extent coverage for such liability is not reasonably available.
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
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without limit and without regard to the cause therefore and which is acceptable to the
City and Artist shall furnish to the City an accompanying certificate of insurance and
accompanying endorsements in amounts not less than as follows:
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
18. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
19. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
20. 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.
21. No Assignment. Artist may not subcontract or assign Artist’s rights without the prior
written consent of City.
22. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
23. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
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24. 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.
25. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
26. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
27. 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.
IN WITNESS WHEREOF, the Parties hereto have executed this instrument the day and year
indicated below.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA DESIGNOSAUR INC.
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: _________________________
Print Title: __________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Ex. B: VARA Waiver - Page 1 of 3 -
EXHIBIT B: WAIVER OF PROPRIETARY RIGHTS UNDER THE VISUAL ARTISTS RIGHTS ACT OF 1990 1. Parties. This Waiver of Proprietary Rights (“Waiver”) made this __________
(“Effective Date”) is by and between: Designosaur Inc, with a mailing address of 13403 Quivas St, Westminster, CO 80234 (“Artist”), and
City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“City”). The Artist and the City are each referred to herein as a “Party” and collectively as the “Parties.”
2. Description of the Project. The Artist, through this Assignment, transfers and assigns to the City of all the Artist’s interest in: a. Artwork 1 (“Project”):
i. Artist Name: The Designosaur ii. Title of Project: “Otterly Aquatic!” iii. Located at: Bozeman Swim Center, 1211 W Main St, Bozeman, MT 59715 3. Waiver. Artist voluntarily waives all rights to attribution and integrity with respect to the Project, as described in the Percent for Art General Contract and corresponding exhibits, and any and all claims as may arise under the Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) (“VARA”), or any
other local, state, foreign or international law that conveys the same or similar
rights (“moral rights laws” as defined by VARA), with respect to the Project, its display, removal from display, exhibition, installation, conservation, storage, study, alteration and any other activities conducted by the City, its officers, employees, agents, contractors, licensees, successors or assigns. If the Project is
incorporated into a building such that the Project cannot be removed from the
building or structure, and alternation, distortion, destruction, or other modification (collectively, “modification”) of the Project occurs, Artist waives any and all such claims under any moral rights laws arising out of or against any current or future owners of the City, and its agents, officers and employees, for modification of the
Project.
4. Artist’s Right to Accreditation and Promotion. Artist retains the right to reproduce, publish, or display the Project in Artist’s portfolios, websites, galleries, design periodicals, or any other media or exhibit for the purpose of recognition of creative excellence or professional advancement, and to be credited with
Authorship of the Project.
5. Right to Modify. The City has the absolute right and retrains the sole discretion to distort, mutilate, or other modification including, but not limited to, change, destroy, remove, relocate, move, replace, transport, repair or restore the Project, in
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Ex. B: VARA Waiver - Page 2 of 3 -
whole or in part. The City is not required to provide the Artist with any notice of modification, however, the City will endeavor to notify Artist before undertaking modifications and repairs, pursuant to the Percent for Art General Contract. Should decommissioning be necessary, the Artist shall have a right of first offer to
negotiate with the City to reclaims physical possession of the Project.
6. Third Party Claims. The City has no obligation to pursue claims against third parties for modifications or damage to the Project done without the City’s Authorization. However, the City may pursue claims against third parties for modifications or damage or to restore the Project if the Project was modified
without the City’s Authorization. In the event that the City pursues such a claim, it shall notify the Artist, and Artist shall cooperate with the City’s efforts to prosecute such claims.
7. Authorship. If the City modifies the Project without the Artist’s consent in a
manner that is prejudicial to Artist’s reputation, Artist retains the right to disclaim
Authorship of the Project in accordance with 17 U.S.C. § 106A(a)(2) and as set forth in section 3 of this Waiver. 8. Notice. As required under the U.S. Copyright Act, the City must provide notice to
the Artist if it wishes to remove the Project from a part of the building and the
removal can occur without destruction or modification of the Project. Artist is
required to keep the City informed of its updated mailing address.
9. Integration and Modification. This Exhibit and the corresponding Agreement
contains the entire agreement between the parties and no statements, promises or
inducements made by either party or agents of either party not contained in this
written Agreement may be considered valid or binding. This Agreement may not
be modified except by written agreement signed by both parties.
10. 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.
11. 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.
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Ex. B: VARA Waiver - Page 3 of 3 -
Artist’s Signature: _________________________ Date: ________________
Print Name: _________________________ _______________________ Date: _____________ Chuck Winn, Interim City Manager City of Bozeman Approved as to form: _______________________ Date: _____________ Greg Sullivan, City Attorney City of Bozeman
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EXHIBIT C
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54
55
56
57
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City of Bozeman
Swim Center Mural
Payment Schedule
Payment Amount Due Date
1. Initial Deposit
50% of Contract Total
$3,300.00 2/05/2025
2. Final Payment
50% of Contract Total
$3,300.00 2/30/2025
Total $6,600.00
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Memorandum
REPORT TO:City Commission
FROM:David Arnado - Facilities Superintendent
Max Ziegler - Facilities Assistant Superintendent
SUBJECT:Authorize the City Manager to sign a Percent for Art Agreement with Drift
Murals for Swim Center Exterior Mural
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to sign a Percent for Art Agreement with Drift
Murals for Swim Center Exterior Mural
STRATEGIC PLAN:5.2 Support for Public Art: Encourage and support partnerships for public art
and other arts and cultural initiatives in the city.
BACKGROUND:On November 10, 2020, the Bozeman City Commission adopted Ordinance
No. 2056, an ordinance of the City Commission of the City of Bozeman,
Montana establishing a percent for art program. This ordinance was passed
in support of the Bozeman Strategic Plan section 5.2 - Support for Public Art,
which called for the creation of a municipal percent for arts program.
Percent for Art programs have been widely adopted by governments to
support the public arts, requiring the inclusion of art in publicly funded
construction projects by setting aside 1% of the construction budget for the
purchase and installation of art.
The renovation of the Swim Center is the third project eligible for the
Percent for Art program since it was adopted, and from the start
architectural plans were designed to include and prominently display public
art. For this project it was determined that an outdoor segmented mural
would be most appropriate for this site, and mounting locations for the art
were incorporated into the design of the façade.
To assist the City in establishing the processes and procedures for enacting
the Percent for Art Program, it was decided to contract a professional art
consultant. NINE dot ARTS was selected through a competitive public RFQ
process, and worked with the Swim Center project team to identify the
goals, typology and intents for the art installation. After working with the
team to distill a description of the desired art, NINE dot ARTS published a
Request for Qualifications which was distributed publicly and throughout the
local community.
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The RFQ responses were scored based on the established project criteria,
and the top submitting artists were asked to provide a proposal for murals.
The proposals were evaluated by the project's art selection committee, and
the submission by Drift Murals was selected as being the most appropriate
mural for the location.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:As suggested by City Commission.
FISCAL EFFECTS:This Percent for Art Agreement will incur a fixed cost of $12,200 to be paid
from the Swim Center Renovation project fund.
Attachments:
Percent for Art Agreement - Drift Murals Co.pdf
Report compiled on: January 22, 2025
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CITY OF BOZEMAN PERCENT FOR ART AGREEMENT
THIS AGREEMENT is made and entered into this ____ day of __________, 20__ by and
between the City of Bozeman, Montana, a self-governing municipal corporation operating
pursuant to its Charter and the laws of the State of Montana, located at 121 N. Rouse Ave.,
Bozeman, MT 59771 (“City”), and Drift Mural Corporation, located at 1-115 Powell Ave,
Ottawa, Canada, K15 2A2, (“Artist”). The City and Artist may be collectively referred to as the
“Parties” in this Agreement.
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: This contract is agreed to pursuant to the terms outlined in Bozeman City
Ordinance 2056, which established the “Percent for Art Program” in the City. City agrees
to enter into this agreement with Artist for digital artwork which will be installed at the
Bozeman Swim Center (“Artwork”), titled “Outside, We Live Again”, located at Bozeman
Swim Center, 1211 W Main St, Bozeman, MT 59715, a City owned property. Such digital
artwork is described in the Scope of Services attached to this Agreement as Exhibit A and
by this reference is made a part of this Agreement.
2. Scope of Services: Artist 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, this Agreement governs.
Artwork will be specifically chosen for each project based on selection criteria developed
by the city manger or their designee, working with city staff to analyze and select
appropriate locations and form.
3. Payment: City agrees to pay Artist in accordance with the payment terms set forth in the
Scope of Services for the production and installation of Artwork. All proprietary rights in
and to Artwork will be transferred to City upon Artist’s installation of Artwork, and City’s
acceptance of such installation.
4. Representations:
a. Artist represents and warrants that:
i. Artwork is an original Artwork by Artist;
ii. Artist is the legal owner of Artwork;
iii. Artwork does not infringe on any existing copyright;
iv. Artist has not entered into any other assignments, transfers, licenses,
contracts, or mutual understandings that conflict with the terms and
obligations of this Agreement; and
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v. There are no copyright infringement claims currently pending or
threatened, nor does Artist have any reason to believe that any copyright
claims will be brought or threatened in the future.
vi. Artist has familiarized itself with the nature and extent of this Agreement,
Ordinance 2056 and with all other local conditions and federal, state and
local laws, ordinances, rules, and regulations that in any manner may
affect Artist’s performance under this Agreement.
vii. Artist represents and warrants to City that it has the experience and ability
to perform its obligations under this Agreement; that it will perform said
obligations 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. City will not determine or exercise
control as to general procedures or formats necessary for Artist to meet
this warranty.
b. As indicated in City’s Request for Proposals, City represents that it has provided
Artist with accurate requirements, specifications, plans, and/or dimensions for the
Artwork. City agrees that if the requirements, specifications, plans, and/or
dimensions for the Artwork changes, the Parties must modify this Agreement and
Scope of Services.
5. Permits and Compliance with Laws. Artist will obtain, in a timely manner, all required
permits, licenses and approvals, and will meet all requirements of all local, state and
federal laws, rules and regulations which must be obtained or met in connection with the
Artwork.
6. Title of Ownership. Artist shall be the legal owner of Artwork and retain copyright to the Artwork. As set forth in Paragraph 7 of this Agreement, Artist agrees to license to City, upon providing the City with a digital file, the right to reproduce, publicly display,
and distribute Artwork for non-commercial purposes.
7. Authorship. The Artist maintains the right to be identified as the rightful owner and creator of the Artwork whenever the Project are reproduced, published, or otherwise publicly displayed.
8. License of Artwork. Artist assigns an irrevocable license to City to make reproductions,
publicly display, and distribute Artwork for any municipal or public purpose, including
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but not limited to any publicity, as set forth in Paragraph 12, which City deems
appropriate.
9. Waiver of Rights. As required by the U.S. Copyright Act, Artist agrees to sign a 1990
Visual Artists’ Rights Act Waiver (“Waiver”), attached as Exhibit B. Artist acknowledges that by signing the Waiver, Artist is agreeing to voluntarily waive all rights to attribution and integrity with respect to Artwork, and any and all claims that may arise under the Visual Artists Rights Act of 1990 (“VARA”), 17 U.S.C. §§ 106(A) and 113(d) or any other local, state, or federal law that conveys the same or similar “moral rights,” as
defined by VARA, with respect to Artwork. The authorship rights conferred in Paragraph 7 must be read in conjunction with Exhibit B. 10. Installation of the Artwork. City is responsible for the installation of Artwork.
11. Maintenance, Repairs, and Alterations. City recognizes that maintenance of Artwork
may be necessary. Upon receipt of the digital files, City retains full discretion and
responsibility to maintain and protect Artwork. In particular, City has an interest in
ensuring public safety and the structural safety of the space on which Artwork is
installed. As such, City retains the sole right to determine whether, when, and to what
extent any repairs to Artwork will occur. City is not obligated to provide the Artist notice
before undertaking any repairs or modifications to Artwork. However, the City shall
endeavor to notify the Artist of any proposed alteration of Artwork. Artist is responsible
for maintaining a current contact person and contact information to receive such notice.
City is under no obligation to provide notice to Artist if Artist fails to maintain such
contact information with City.
City may alter the Project without any liability under local, state, or federal law,
including the Visual Artists Rights Act. Should City determine that the decommissioning
of Artwork is necessary, Artist shall have a right of first offer to negotiate with City to
reclaim physical possession of the Artwork.
12. Publicity. Artist will coordinate with City on publicity of Artwork. Publicity includes,
but is not limited to, any interviews, flyers, brochures, mailings, emails social media
posts, blog posts, or verbal communications of any type, either live or pre-recorded.
13. Independent Contractor Status. The Parties agree that Artwork is a “work for hire,” as
defined by federal law, and as such Artist, its agents, employees, contractors, or
subcontractors, are independent contractors for purposes of this Agreement and are not to
be considered employees or agents of City for any purpose. Artist and its agents,
employees, contractors, or subcontractors, are not subject to the terms and provisions of
City’s personnel policies handbook and may not be considered a City employee for
workers’ compensation or any other purpose. Artist, its agents, employees, contractors,
or subcontractors, are not authorized to represent City or otherwise bind City in any way.
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14. Default and Termination. If Artist fails to comply with any condition of this
Agreement at the time or in the manner provided for, City may terminate this Agreement
if the default is not cured within fifteen (15) days after written notice is provided to
Artist. The notice will set forth the items to be cured.
15. Limitation on Artist’s Damages; Time for Asserting Claim
a. In the event of a claim for damages by Artist under this Agreement, Artist’s
damages shall be limited to contract damages and Artist 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 Artist wants to assert a claim for damages of any kind or nature,
Artist must first 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 ninety (90) days of the facts and
circumstances giving rise to the claim. In the event Artist fails to provide such
notice, Artist shall waive all rights to assert such claim.
16. Representatives
a. City’s Representative. City’s Representatives for the purpose of this Agreement
shall be Max Ziegler, Facilities Assistant Superintendent, or such other individual
as City may designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such
communication or submission must be directed to City’s Representatives and
approvals or authorizations will be issued only by such Representatives; provided,
however, that in exigent circumstances when City’s Representatives are not
available, Artist may direct its communication or submission to other designated
City personnel or agents and may receive approvals or authorization from such
persons.
b. Artist’s Representative. Artist’s Representative for the purpose of this
Agreement shall be Anais Labreque and Dominic Laporte, or such other
individual as Artist designates in writing. Whenever direction to or
communication with Artist is required by this Agreement, such direction or
communication must be directed to Artist’s Representative; provided, however,
that in exigent circumstances when Artist’s Representative is not available, City
may direct its direction or communication to other designated Artist personnel or
agents.
17. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, Artist
agrees to defend, indemnify and hold the City and its agents, representatives, employees,
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and officers (collectively referred to for purposes of this Section as the City) harmless
against all third party claims, demands, suits, damages, losses, and expenses, including
reasonable defense attorney fees, which arise out of, relate to or result from Artist’s (i)
negligence, or (ii) willful or reckless misconduct or any claims arising under U.S.
Copyright law and the Visual Artists Rights Act .
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). Artist’s indemnification obligations under this Section shall be without
regard to and without any right to contribution from any insurance maintained by the
City.
Should any indemnitee described herein be required to bring an action against Artist to
assert its right to defense or indemnification under this Agreement or under Artist’s
applicable insurance policies required below the indemnitee 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 Artist 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 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.
Artist also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement except “responsibility for his own fraud, for willful injury
to the person or property of another, or for violation of law, whether willful or negligent”
as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement.
In addition to and independent from the above, Artist shall at Artist’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 Artist in this Section. The insurance coverage shall
not contain any exclusion for liabilities specifically assumed by Artist in this Section
unless and to the extent coverage for such liability is not reasonably available.
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Page 6 of 8
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City
without limit and without regard to the cause therefore and which is acceptable to the
City and Artist 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
18. Attorney’s Fees and Costs. In the event it becomes necessary for a party to this
Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party shall be
entitled to reasonable attorney’s fees and costs, including fees, salary, and costs of in-
house counsel to include City Attorney.
19. Integration and Modification. This document contains the entire agreement between
the parties and no statements, promises or inducements made by either party or agents of
either party not contained in this written Agreement may be considered valid or binding.
This Agreement may not be modified except by written agreement signed by both parties.
20. 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.
21. No Assignment. Artist may not subcontract or assign Artist’s rights without the prior
written consent of City.
22. No Third Party Beneficiary. The terms and provisions of this Agreement are intended
solely for the benefit of each party and their respective successors and assigns. It is not
the parties’ intent to confer third party beneficiary rights upon any other person or entity.
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Page 7 of 8
23. Choice of Law. This Agreement shall be governed and construed in accordance with the
laws of the State of Montana without regard to conflict of law provisions. The Parties
agree to submit to the personal and exclusive jurisdiction of the courts located within
Gallatin County, Montana.
24. 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.
25. Severability. If any portion of this Agreement is held to be void or unenforceable, the
balance of the Agreement shall continue in effect.
26. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
27. 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.
IN WITNESS WHEREOF, the Parties hereto have executed this instrument the day and year
indicated below.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA DRIFT MURALS CORPORATION
By________________________________ By__________________________________
Chuck Winn, Interim City Manager
Print Name: _________________________
Print Title: __________________________
APPROVED AS TO FORM:
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Page 8 of 8
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Ex. B: VARA Waiver - Page 1 of 3 -
EXHIBIT B: WAIVER OF PROPRIETARY RIGHTS UNDER THE VISUAL ARTISTS RIGHTS ACT OF 1990 1. Parties. This Waiver of Proprietary Rights (“Waiver”) made this __________
(“Effective Date”) is by and between: Drift Mural Corporation, with a mailing address of 1-115 Powell Ave, Ottawa, Canada, K15 2A2 (“Artist”), and
City of Bozeman, with a mailing address of 121 N. Rouse Ave., Bozeman, MT 59771 (“City”). The Artist and the City are each referred to herein as a “Party” and collectively as the “Parties.”
2. Description of the Project. The Artist, through this Assignment, transfers and assigns to the City of all the Artist’s interest in: a. Artwork 1 (“Project”):
i. Artist Name: Dominic Laporte ii. Title of Project: “Outside, We Live Again” iii. Located at: Bozeman Swim Center, 1211 W Main St., Bozeman, MT 59715 3. Waiver. Artist voluntarily waives all rights to attribution and integrity with respect to the Project, as described in the Percent for Art General Contract and corresponding exhibits, and any and all claims as may arise under the Visual Artists Rights Act of 1990, 17 U.S.C. §§106A and 113(d) (“VARA”), or any
other local, state, foreign or international law that conveys the same or similar
rights (“moral rights laws” as defined by VARA), with respect to the Project, its display, removal from display, exhibition, installation, conservation, storage, study, alteration and any other activities conducted by the City, its officers, employees, agents, contractors, licensees, successors or assigns. If the Project is
incorporated into a building such that the Project cannot be removed from the
building or structure, and alternation, distortion, destruction, or other modification (collectively, “modification”) of the Project occurs, Artist waives any and all such claims under any moral rights laws arising out of or against any current or future owners of the City, and its agents, officers and employees, for modification of the
Project.
4. Artist’s Right to Accreditation and Promotion. Artist retains the right to reproduce, publish, or display the Project in Artist’s portfolios, websites, galleries, design periodicals, or any other media or exhibit for the purpose of recognition of creative excellence or professional advancement, and to be credited with
Authorship of the Project.
5. Right to Modify. The City has the absolute right and retrains the sole discretion to distort, mutilate, or other modification including, but not limited to, change, destroy, remove, relocate, move, replace, transport, repair or restore the Project, in
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Ex. B: VARA Waiver - Page 2 of 3 -
whole or in part. The City is not required to provide the Artist with any notice of modification, however, the City will endeavor to notify Artist before undertaking modifications and repairs, pursuant to the Percent for Art General Contract. Should decommissioning be necessary, the Artist shall have a right of first offer to
negotiate with the City to reclaims physical possession of the Project.
6. Third Party Claims. The City has no obligation to pursue claims against third parties for modifications or damage to the Project done without the City’s Authorization. However, the City may pursue claims against third parties for modifications or damage or to restore the Project if the Project was modified
without the City’s Authorization. In the event that the City pursues such a claim, it shall notify the Artist, and Artist shall cooperate with the City’s efforts to prosecute such claims.
7. Authorship. If the City modifies the Project without the Artist’s consent in a
manner that is prejudicial to Artist’s reputation, Artist retains the right to disclaim
Authorship of the Project in accordance with 17 U.S.C. § 106A(a)(2) and as set forth in section 3 of this Waiver. 8. Notice. As required under the U.S. Copyright Act, the City must provide notice to
the Artist if it wishes to remove the Project from a part of the building and the
removal can occur without destruction or modification of the Project. Artist is
required to keep the City informed of its updated mailing address.
9. Integration and Modification. This Exhibit and the corresponding Agreement
contains the entire agreement between the parties and no statements, promises or
inducements made by either party or agents of either party not contained in this
written Agreement may be considered valid or binding. This Agreement may not
be modified except by written agreement signed by both parties.
10. 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.
11. 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.
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Ex. B: VARA Waiver - Page 3 of 3 -
Artist’s Signature: _________________________ Date: ________________
Print Name: _________________________ _______________________ Date: _____________ Chuck Winn, Interim City Manager City of Bozeman Approved as to form: _______________________ Date: _____________ Greg Sullivan, City Attorney City of Bozeman
72
EXHIBIT C
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74
75
76
77
78
79
Payment Schedule
This payment schedule outlines the terms and conditions for the payments related to the services
provided under this agreement. By signing this agreement, both parties agree to the following terms:
1. Final Payment:
The total project fee is due in full upon delivery of the final digital artwork to the client. Payments
not received within 14 days of delivery will be subject to late fees (see #4).
2. Payment Method:
All payments must be made via wire transfer to the bank account details provided by the
contractor.
3. Cancellation Fees:
o If the project is canceled before linear designs are started, a cancellation fee equal to 10%
of the total project fee will be applied.
o If the project is canceled after linear designs are started, a cancellation fee equal to 50%
of the total project fee will be applied.
o If the project is canceled upon completion of the artwork, a cancellation fee equal to
100% of the total project fee will be applied.
4. Late Payments:
o Final payments not received within 14 days of the completion date will incur a 2% late fee
per month on the outstanding balance.
By signing below, the client acknowledges and agrees to the terms outlined in this payment schedule.
Client Signature: ___________________________
Date: ___________________________
80
Memorandum
REPORT TO:City Commission
FROM:Jon Henderson - Assistant City Manager
David Arnado - Facilities Superintendent
Max Ziegler - Facilities Assistant Superintendent
SUBJECT:Authorize City Manager to Sign an Agreement for Purchase of Furniture and
Related Services for the City Hall Renovation Project under Cooperative
Purchasing Agreements
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to Sign an Agreement for Purchase of Furniture and
Related Services for the City Hall Renovation Project under Cooperative
Purchasing Agreements
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Bozeman City Hall is the City of Bozeman's primary administration building
and seat of the Bozeman City Commission. City Hall is home to several City
departments, including the Administration department, Human Resources,
City Attorney, Economic Development, and Finance departments. Originally
constructed in 1981 to serve as the Bozeman Public Library, the building was
converted to use as City Hall in 2008 following the completion of the current
Bozeman Public Library. The facility is heavily used by staff citywide as well
as members of the public who visit City Hall to attend City Commission
meetings, or receive services from the Finance Department, Human
Resources, and City Clerk's office. In the 16 years since the building entered
service as City Hall the demand for staff office space has significantly
increased, and the needs of public and City operations have evolved. This
renovation intends to address current and near future needs of the City and
the various patrons of City Hall by converting underutilized spaces into
offices and reconfiguring public service points of contact. Additionally, this
renovation will include updating interior finishes throughout the majority of
the building.
As a component of the renovation project, office furniture will be purchased
to outfit newly remodeled space. Much of the office furniture at City Hall has
reached the end of useful service life, and provides inconsistent furnishing
standards across the various departments in City Hall. The new furniture will
improve the functionality of the office space, create a more welcoming
81
environment, and provide comfortable and ergonomic work stations for City
staff. Newly equipped work stations will feature motorized standing desks
and ergonomic seating, which will support the City of Bozeman's goals of
being a Best-In-Class employer by improving employee wellness.
As a local government, Montana law and the City's purchasing policy
authorize the City of Bozeman to purchase under cooperative purchasing
agreements, including certain federal General Services Administration (GSA)
schedules, existing contracts competitively bid by group purchasing
organizations (GPOs), and existing State of Montana term contracts.
Cooperative purchasing allows the City to receive the discounted pricing
negotiated by the State of Montana, federal government, or other lead
agency, while also meeting Montana procurement laws for competitive
sealed bidding and contract requirements. All this ensures that purchases
using taxpayer money under this system are fair and competitive.
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:Ass suggested by City Commission
FISCAL EFFECTS:This purchase agreement will incur a fixed cost of $307,445.90 to be paid
from the Bozeman City Hall Renovation project fund.
Attachments:
City Hall Renovation Furniture and Services Purchase
Agreement.pdf
Report compiled on: January 17, 2025
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AGREEMENT FOR PURCHASE OF FURNITURE AND RELATED SERVICES
BOZEMAN CITY HALL RENOVATION
Under Cooperative Purchasing Agreements
THIS PURCHASE AGREEMENT is made this day of , 2025, by and
between the CITY OF BOZEMAN, a municipal corporation organized and existing under the
laws of the State of Montana, 121 North Rouse Ave., Montana 59715, hereinafter referred to as
“City,” and KR Office Interiors, with a mailing address of 403 Gallatin Farmers Ave, Belgrade,
MT 59714, hereinafter referred to as “KR” or “Vendor.”
In consideration of the mutual promises and agreements hereinafter contained, the parties
agree as follows:
1. PROJECT
Bozeman City Hall Renovation (“Project”) fulfills the City of Bozeman’s Strategic Plan (4.3)
desire to prioritize long-term investment and maintenance for existing and new infrastructure.
The Project is to renovate Bozeman City Hall to improve building security, expand useable
office space, maintain a modern facility, and improve energy efficiency.
The Project will be under intense scrutiny by public officials, the media, and the citizens. It is
imperative that it be managed, designed, constructed, and furnished with the utmost regard to
cost, schedule, and quality control by all participants. There is a clear expectation by the
community that Project costs will come in at, or below, the budgeted amount. The integrity,
reputation, skills and performance of all partners contributing to completion of the Project must
be of the highest caliber to maintain confidence in the Project.
For the design, the City has selected:
A&E Design, Inc.
124 N 29th Street
Ste 100
Billings, MT 59101
(406) 451-7310
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Bozeman City Hall Renovation - Furniture Purchase and Services
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The Project construction has been procured as one general contract under the traditional delivery
method using the General Contractor Design, Bid, Build process. For the General Contractor, the
City has selected:
Jackson Contractor Group, Inc
146 Laura Louise Lane,
Bozeman, MT 59718
(406) 542-9150
rylano@jacksoncontractorgroup.com
The City expects KR Office Interiors to form an integral part of the design team for the Project,
providing fixtures, furnishings and equipment the City will purchase under the State of Montana’s
term contracts for office furniture and other cooperative purchasing agreements as listed in
Section 2.
2. CONTRACT DOCUMENTS: The Agreement consists of:
a. This City of Bozeman Purchase Agreement.
b. The cooperative purchasing agreement goods and services are to be purchased
under:
i. For Steelcase products: Master Agreement MA3969, Office Furniture
(2023-2028) led by the State of Utah, including all executed
amendments and the State of Montana Participating Addendum thereto
signed June 6, 2023.
ii. For Datum Filing Systems products: Contract Number GS-28F-
005BA Miscellaneous Furniture (2018-2028) led by General Services
Administration.
iii. For 9to5 Seating: Omnia Contract No. 07-73 | Term: September 1, 2022
– September 30, 2025, nationwide contract.
iv. For Fellowes: Sourcewell Contract Number 091423-FELL | Term:
November 30, 2023 – December 4, 2027, nationwide contract.
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c. City specifications and drawings
d. City orders for furniture (“Orders”)
In the event of a conflict between the Contract Documents, the terms of the applicable cooperative
purchasing agreement will govern. The City shall have the same rights and responsibilities for its
purchases as the lead entity has in the master cooperative purchasing agreements, and as the State
of Montana has in the Participating Addenda (if any), including but not limited to any indemnity
or right to recover any costs as such right is defined in the master cooperative agreement and
participating addendum for the City’s purchases.
3. Property Purchased: Vendor agrees to sell and City agrees to purchase the
property requested and described in the Orders, all of which is incorporated into this Purchase
Agreement by this reference. By accepting this Purchase Agreement, Vendor hereby agrees that
the sale, use, or incorporation into manufactured products of all machines, software, hardware,
materials and other devices furnished under this Purchase Agreement which are not of the
Vendor’s design, composition, or manufacture shall be free and clear of infringement of any valid
patent, copyright, or trademark. Vendor shall hold the City harmless from any and all costs and
expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits, or
actions alleging such infringement, and Vendor agrees to defend such claims, suits, or actions.
4. Services: Vendor will provide the design and installation services as provided in
the master cooperative purchasing agreement or in Orders.
5. Specifications: The Vendor agrees that all material and workmanship in and upon
the Property complies with the specifications provided to Vendor by the City and as described in
the product listings incorporated in the cooperative purchasing agreements listed above.
6. Price: Furniture and services will be priced in accordance with the applicable
cooperative purchasing agreement. All prices include any applicable local, state or federal taxes
that may be applied to the Property to be purchased.
7. Ordering: Vendor must familiarize itself with and follow the ordering procedure
specified in the applicable cooperative purchasing agreement for each product line listed in Section
2. Each Order placed must reference the applicable cooperative purchasing agreement number to
confirm that the pricing, terms, and conditions are applicable on the Order, in addition to any
additional information that must be provided in an Order pursuant to the applicable cooperative
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Bozeman City Hall Renovation - Furniture Purchase and Services
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purchasing agreement.
8. Time and Place of Delivery: Time is of the essence in the performance of this
Purchase Agreement. Vendor assumes full responsibility for all transportation, transportation
scheduling, packing, handling, insurance, and other served associated with delivery of the
Property.
Vendor agrees to delivery to the City in a fully operational status and all accessories
properly installed in accordance with this Agreement. Delivery will occur at the Project site, or at
a place otherwise selected by City. If delivery of the Property and/or performance of services
required under this Purchase Agreement cannot be made Vendor shall promptly notify the City of
the earliest possible date for delivery or performance.
9. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Max Ziegler, Facilities Assistant Superintendent, 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 Jon Henderson as 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, Vendor
may direct its communication or submission to other designated City personnel or agents
as listed above and may receive approvals or authorization from such persons.
b. Vendor’s Representative: The Vendor’s Representative for the purpose
of this Agreement shall be Megan Bittinger, Senior Project Manager, or such other
individual as Vendor shall designate in writing. Whenever direction to or communication
with Vendor is required by this Agreement, such direction or communication shall be
directed to Vendor’s Representative; provided, however, that in exigent circumstances
when Vendor’s Representative is not available, City may direct its direction or
communication to other designated Vendor personnel or agents.
10. Nondiscrimination: Vendor will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws,
regulations, and contracts. Vendor will not refuse employment to a person, bar a person from
employment, or discriminate in the performance of this Agreement on the basis of race, color,
religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual
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Bozeman City Hall Renovation - Furniture Purchase and Services
Agreement Page 5 of 6
orientation, gender identity or disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Vendor 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. The Vendor shall require these
nondiscrimination terms of its subcontractors providing services under this Purchase Agreement.
11. Assignment: Vendor may not delegate, subcontract, or assign any duties and
services or assign any rights or claims under this Purchase Agreement without the express written
consent of City.
12. Entire Agreement: This Purchase Agreement, including the Contract Documents
listed in Section 2, embodies the entire understanding between the parties relating to the subject
matter contained herein. No agent or representative of either party has authority to make any
representations, statements, warranties or agreements not herein expressed and all modifications
or amendments of this Agreement, including the appendices, must be in writing and signed by an
authorized representative of each of the parties hereto.
13. Applicable Law: This Agreement shall be governed and construed in accordance
with the laws of the State of Montana, venue shall be in the Eighteen Judicial District, Gallatin
County Montana, and the same is binding upon the parties, their heirs, successors, and assigns.
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Bozeman City Hall Renovation - Furniture Purchase and Services
Agreement Page 6 of 6
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives the day and year first above written.
CITY OF BOZEMAN KR Office Interiors
By By
Chuck Winn, City Manager Print Name:
Print Title:
Date: Date:
APPROVED AS TO FORM:
By
Greg Sullivan, City Attorney
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EXHIBIT A
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Page 1 of 12
KR Office Interiors QUOTE #B-2259
403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman
Belgrade, MT 59714 CONTACT:Max Ziegler
PHONE: 406-585-5417 PHONE:
Email: megan@krofficeinteriors.com DATE: 1/21/2025
PROJECT:City Hall Remodel, New Furniture
Lobby Area
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
3 STC TS4TCAFE285 Groupwork Base-café, 28" dia - Paint: 4242 Milk $1,123.00 $3,369.00 $478.73 $1,436.19
2 STC TS4TCOF22 Groupwork Base-coffee, 22" dia - Paint: 4242 Milk $473.00 $946.00 $201.64 $403.28
2 STC TS4THDR24 Groupwork Top-table, round, 24" dia - Laminate: 2LAK Clear
Oak $332.00 $664.00 $141.53 $283.06
1 STC TS4THDR36 Groupwork Top-table, round, 36" dia - Laminate: 2LAK Clear
Oak $521.00 $521.00 $222.10 $222.10
2 STC TS4THR3030 Groupwork Top-table, square, 30" x 30" - Laminate: 2LAK
Clear Oak $406.00 $812.00 $173.08 $346.16
1 WE WEM9 Nolan Side Table - Antique Brass $525.00 $525.00 $256.09 $256.09
7 OB OBCUBB14 Cubb Barstool with Wire Frame Base - Upholstery: Billiard,
Gunmetal 5H21, Paint: 4242 Milk $905.00 $6,335.00 $497.75 $3,484.25
4 WE WESMDC4LNG Sterling 4 Leg Lounge With Arms - Upholstery: Billiard,
Gunmetal 5H21, Wood: Oak Light $1,240.00 $4,960.00 $681.68 $2,726.72
1 STC R60 Round table, no grommet - Laminate: 2LAK Clear Oak $877.00 $877.00 $350.80 $350.80
1 STC LDFD Disc Base with Lever, 32" dia - Paint: 4242 Milk $2,474.00 $2,474.00 $989.60 $989.60
6 9to5 9154 Lilly with a 5-star base - Upholstery: Cantar EPU, Iron $1,785.00 $10,710.00 $963.90 $5,783.40
4 STC COSISEL Sistem, Legs End, cylinder - Wood: Light Oak VP01 $419.00 $1,676.00 $204.09 $816.36
1 STC COSISL2 Sistema: Lounge- 2 seat, leg base, mid back, no arms -
Upholstery: Designtex Bixby Macro $4,748.00 $4,748.00 $2,753.09 $2,753.09
1 STC COSISL3
Sistema: Lounge- 3 seat, leg base, mid back, right wood
arm, left box table - Upholstery: Designtex Bixby Macro,
Wood: Light Oak VP01
$9,628.00 $9,628.00 $5,130.14 $5,130.14
1 STC COSISOR Sistema: Ottoman-round - Upholstery: Billiard, Gunmetal
5H21 $1,638.00 $1,638.00 $797.87 $797.87
SUB-TOTAL $49,883.00 $25,779.11
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Page 2 of 12
KR Office Interiors QUOTE #B-2259
403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman
Belgrade, MT 59714 CONTACT:Max Ziegler
PHONE: 406-585-5417 PHONE:
Email: megan@krofficeinteriors.com DATE: 1/21/2025
PROJECT:City Hall Remodel, New Furniture
Finance Area
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
1 STC TS4TBASE285 Groupwork Base, 28" dia - Paint: 4242 Milk $1,081.00 $1,081.00 $460.83 $460.83
2 STC TS4TCAFE285 Groupwork Base-café, 28" dia - Paint: 7237 Slate $1,123.00 $2,246.00 $478.73 $957.46
1 STC TS4THDR36 Groupwork Top-Table, Round, 36" dia - Laminate: 2L84 Milk $521.00 $521.00 $222.10 $222.10
1 STC TS4THR4896 Groupwork Top-Conference table, rectangle, 48"D x 96"W -
Laminate: 2L84 Milk $1,120.00 $1,120.00 $477.46 $477.46
11 STC TS71272TFGR Screen-Frameless glass, 12"H x 72"W, clear glass $1,044.00 $11,484.00 $307.04 $3,377.44
3 STC TS71278TFGR Screen-Frameless glass, 12"H x 78"W, clear glass $1,161.00 $3,483.00 $341.45 $1,024.35
1 STC TS718THF Answer Frame, horizontal package, 18"W - Paint: 4242 Milk $113.00 $113.00 $33.23 $33.23
26 STC TS71SSX Answer Receptacle-system ground, line 1 $63.00 $1,638.00 $18.53 $481.78
33 STC TS736THF Answer Frame, horizontal package, 36"W - Paint: 4242 Milk $136.00 $4,488.00 $40.00 $1,320.00
1 STC TS730TEPJ Answer Junction - End of run, 30"H - Paint: 4242 Milk $155.00 $155.00 $45.59 $45.59
2 STC TS72418TK Answer Panel skin-tackable acoustical, 24"H x 18"W -
Upholstery: Stencil, Orchid P464 $186.00 $372.00 $54.70 $109.40
44 STC TS74236LS Answer Panel skin-laminate, 42"H x 36"W - Laminate: 2LAK
Clear Oak $691.00 $30,404.00 $203.22 $8,941.68
22 STC TS74236TK Answer Panel skin-tackable acoustical, 42"H x 36"W -
Upholstery: Stencil, Orchid P464 $329.00 $7,238.00 $96.76 $2,128.72
22 STC TS74242TK Answer Panel skin-tackable acoustical, 42"H x 42"W -
Upholstery: Stencil, Orchid P464 $352.00 $7,744.00 $103.52 $2,277.44
11 STC TS742THF Answer Frame, horizontal package, 42"W - Paint: 4242 Milk $157.00 $1,727.00 $46.17 $507.87
9 STC TS748TEPJ Answer Junction - End of run, 48"H, omit trim $73.00 $657.00 $21.47 $193.23
8 STC TS748TEPJ Answer Junction - End of run, 48"H - Paint: 4242 Milk $155.00 $1,240.00 $45.59 $364.72
22 STC TS748TIPJ Answer Junction - In line, 48"H $110.00 $2,420.00 $32.35 $711.70
1 STC TS748TLPJ Answer Junction - L, 48"H - Paint: 4242 Milk $242.00 $242.00 $71.17 $71.17
5 STC TS748TTPJ Answer Junction - T, 48"H - Paint: 4242 Milk $242.00 $1,210.00 $71.17 $355.85
91
Page 3 of 12
KR Office Interiors QUOTE #B-2259
403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman
Belgrade, MT 59714 CONTACT:Max Ziegler
PHONE: 406-585-5417 PHONE:
Email: megan@krofficeinteriors.com DATE: 1/21/2025
PROJECT:City Hall Remodel, New Furniture
Finance Area Cont.
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
2 STC TS748TXPJ Answer Junction - X, 48"H - Paint: 4242 Milk $242.00 $484.00 $71.17 $142.34
5 STC TS76BPX Answer power infeed, 6' long $388.00 $1,940.00 $114.11 $570.55
1 STC TS7838TCTJ Answer Junction - T, change of height, thin, 48" to 30" to 48" -
Paint: 4242 Milk $399.00 $399.00 $117.35 $117.35
11 STC TS7FGJG Answer Grommet-junction, package quantity of 2, frameless
glass application $5.00 $55.00 $1.47 $16.17
33 STC TS7PK36X Answer Power Kit, 36"W $311.00 $10,263.00 $91.47 $3,018.51
11 STC TS7PK42X Answer Power Kit, 42"W $311.00 $3,421.00 $91.47 $1,006.17
4 STC TS7STLS1 In line-spanning top cap, package quantity 1, lightseal $25.00 $100.00 $7.35 $29.40
1 STC TS7STLS10 In line-spanning top cap, package quantity 10, lightseal $250.00 $250.00 $73.52 $73.52
9 STC TS7TFGRC Connector-top cap, frameless glass application $25.00 $225.00 $7.35 $66.15
6 STC TS7SCSSD
Screen-single connect, straight, single sided, answer
application, single right - 48"H x 39"W - Laminate: 2LAK
Clear Oak
$1,150.00 $6,900.00 $338.21 $2,029.26
3 STC TS7SCSSD
Screen-single connect, straight, single sided, answer
application, single left - 48"H x 39"W - Laminate: 2LAK Clear
Oak
$1,150.00 $3,450.00 $338.21 $1,014.63
14 STC RSS42TAK Shelf-slim, Answer application, 42"W - Paint: 4242 Milk $391.00 $5,474.00 $114.99 $1,609.86
14 STC MGELTRQ MigrationSE Desk-rectangle, T-leg, 70"W x 29"D - Laminate:
2884 Milk, Paint: 7241 Arcitc White $2,087.00 $29,218.00 $806.15 $11,286.10
2 STC SSCRN Steelcase Soffio Screen, 80"W - Upholstery: Billiard,
Gunmetal 5H21 $1,222.00 $2,444.00 $536.03 $1,072.06
16 STC 436AIR3D
Series 2 chair-air back with 3D microknit - Frame: Seagull,
Mesh: 3D Microknit Nickel, Upholstery: Cogent Connect,
Graphite
$1,288.00 $20,608.00 $553.84 $8,861.44
14 STC RLF18421BF Universal; Lateral file, flush steel front, 1-1/2 high
drawer/drawer, 18"D x 42"W - Paint: 4242 Milk $2,290.00 $32,060.00 $700.51 $9,807.14
14 STC RPXFMHAD Universal; Filler, 1 high, Migration application - Paint: 4242
Milk $81.00 $1,134.00 $24.78 $346.92
92
Page 4 of 12
KR Office Interiors QUOTE #B-2259
403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman
Belgrade, MT 59714 CONTACT:Max Ziegler
PHONE: 406-585-5417 PHONE:
Email: megan@krofficeinteriors.com DATE: 1/21/2025
PROJECT:City Hall Remodel, New Furniture
Finance Area Cont.
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
8 STC RSCMHAD Universal; Lateral file, Open, 1 high, MigrationSE left
application, 36"W - Paint: 4242 Milk $1,666.00 $13,328.00 $509.63 $4,077.04
6 STC RSCMHAD Universal; Lateral file, Open, 1 high, MigrationSE right
application, 36"W - Paint: 4242 Milk $1,666.00 $9,996.00 $509.63 $3,057.78
2 STC UFSMEDLHANS Bracket, medium, left hand, storage to panel application -
Paint: 4242 Milk $133.00 $266.00 $39.12 $78.24
2 STC CRPD2HBBF Currency; Pedestal Box/Box/File, 24"D - Laminate: 2LAK
Clear Oak $1,172.00 $2,344.00 $543.99 $1,087.98
1 STC CRTWSAFFL Currency; Tower - side access, File/File, Cabinet Left -
Laminate: 2LAK Clear Oak $3,027.00 $3,027.00 $1,330.51 $1,330.51
1 STC OLELL3 Ology; Desk-90 degree, 3 legs, 76"LL x 24"LD x 76"RL x
30"RD - Laminate: 2LAK Clear Oak, Paint: 7241 Arcitc White $5,133.00 $5,133.00 $2,325.45 $2,325.45
1 STC OLMP Ology; Modesty panel, 76"W - Laminate: 2LAK Clear Oak $330.00 $330.00 $147.38 $147.38
1 STC UFP Leg-universal post - Paint: 4242 Milk $257.00 $257.00 $75.58 $75.58
1 STC UFQ24T Leg-universal, table, open, 24"D - Paint: 4242 Milk $732.00 $732.00 $215.28 $215.28
1 STC USWS Worksurface-straight, 84"W x 24"D, grade 1 laminate finish
TBD $868.00 $868.00 $255.28 $255.28
4 STC OBCUBB14 Cubb Barstool with Wire Frame Base - Upholstery: Billiard,
Gunmetal 5H21, Paint: 4242 Milk $905.00 $3,620.00 $497.75 $1,991.00
1 BLU BD1JV1COATRK Bludot Splash Coat Rack - Tomato $395.00 $395.00 $405.82 $405.82
1 9to5 9104 Lilly guest chair with 4 leg metal base - Upholstery: Billiard,
Gunmetal 5H21, Paint: Black $2,170.00 $2,170.00 $1,171.80 $1,171.80
2 9to5 9154 Lilly with a 5-star base - Upholstery: Cantar EPU, Iron $1,785.00 $3,570.00 $963.90 $1,927.80
15 ESI EDGE2 Edge Dual Monitor Arm $856.00 $12,840.00 $385.20 $5,778.00
SUB-TOTAL $256,884.00 $89,054.53
93
Page 5 of 12
KR Office Interiors QUOTE #B-2259
403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman
Belgrade, MT 59714 CONTACT:Max Ziegler
PHONE: 406-585-5417 PHONE:
Email: megan@krofficeinteriors.com DATE: 1/21/2025
PROJECT:City Hall Remodel, New Furniture
HR Area
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
1 STC TS71236TFGR Screen-Frameless glass, 12"H x 36"W, clear glass $718.00 $718.00 $211.16 $211.16
2 STC TS71278TFGR Screen-Frameless glass, 12"H x 78"W, clear glass $1,161.00 $2,322.00 $341.45 $682.90
1 STC TS71284TFGR Screen-Frameless glass, 12"H x 84"W, clear glass $1,276.00 $1,276.00 $375.27 $375.27
4 STC TS71SSX Answer Receptacle-system ground, line 1 $63.00 $252.00 $18.53 $74.12
3 STC TS736THF Answer Frame, horizontal package, 36"W - Paint: 4242 Milk $136.00 $408.00 $40.00 $120.00
6 STC TS74236TK Answer Panel skin-tackable acoustical, 42"H x 36"W -
Upholstery: Stencil, Orchid P464 $329.00 $1,974.00 $96.76 $580.56
8 STC TS74242TK Answer Panel skin-tackable acoustical, 42"H x 42"W -
Upholstery: Stencil, Orchid P464 $352.00 $2,816.00 $103.52 $828.16
4 STC TS742THF Answer Frame, horizontal package, 42"W - Paint: 4242 Milk $157.00 $628.00 $46.17 $184.68
1 STC TS748TEPJ Answer Junction - End of run, 48"H, omit trim $73.00 $73.00 $21.47 $21.47
5 STC TS748TEPJ Answer Junction - End of run, 48"H - Paint: 4242 Milk $155.00 $775.00 $45.59 $227.95
4 STC TS748TIPJ Answer Junction - In line, 48"H $110.00 $440.00 $32.35 $129.40
1 STC TS76BPX Answer power infeed, 6' long $388.00 $388.00 $114.11 $114.11
1 STC TS7PK36X Answer Power Kit, 36"W $311.00 $311.00 $91.47 $91.47
1 STC TS7PK42X Answer Power Kit, 42"W $311.00 $311.00 $91.47 $91.47
3 STC TS7STLS1 In line-spanning top cap, package quantity 1, lightseal $25.00 $75.00 $7.35 $22.05
1 STC TS7TFGRC Connector-top cap, frameless glass application $25.00 $25.00 $7.35 $7.35
1 STC TS7SCSPT Screen-Single Connect, Straight, Split, Answer application,
48"H, 73.5"LW, 73.5"RW - Laminate: 2LAK Clear Oak $4,569.00 $4,569.00 $1,343.74 $1,343.74
1 WE WEM9 Nolan Side Table, Antique Brass $525.00 $525.00 $256.09 $256.09
1 STC FLXERQ Flex;Desk-Height adjustable, rectangle, 46"W x 23"D -
Laminate: 2L84 Milk, Paint: 4799 Platinum Metallic $2,643.00 $2,643.00 $1,070.59 $1,070.59
1 STC FLXCS Flex; Screen-curved, 46"W - Upholstery: Billiard, Pewter
5H20 $808.00 $808.00 $345.90 $345.90
94
Page 6 of 12
KR Office Interiors QUOTE #B-2259
403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman
Belgrade, MT 59714 CONTACT:Max Ziegler
PHONE: 406-585-5417 PHONE:
Email: megan@krofficeinteriors.com DATE: 1/21/2025
PROJECT:City Hall Remodel, New Furniture
HR Area Cont.
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
8 STC SLHAD1S Slim Leg Integrated Storage Height Adjustable Desk, 78"W x
30"D - Laminate: 2L84 Milk $5,143.00 $41,144.00 $2,264.77 $18,118.16
7 STC 436AIR3D
Series 2 chair-air back with 3D microknit - Frame: Seagull,
Mesh: 3D Microknit Nickel, Upholstery: Cogent Connect,
Graphite
$1,288.00 $9,016.00 $553.84 $3,876.88
8 STC RLF18421BP
Universal; Lateral file, proud steel front, 1-1/2 high
drawer/drawer, 18"D x 42"W - Paint: 4242 Milk, laminate:
2L84 Milk
$2,470.00 $19,760.00 $757.10 $6,056.80
4 STC CRHADCT Common top, height adjustable desk right hand application,
36"W x 18"D - Laminate: 2L84 Milk $221.00 $884.00 $93.70 $374.80
4 STC CRHADCT Common top, height adjustable desk leftt hand application,
36"W x 18"D - Laminate: 2L84 Milk $221.00 $884.00 $93.70 $374.80
8 STC CRHAD1H Low storage - 1-high integrated height adjsutable desk, 36"W
x 18"D - Laminate: 2L84 Milk $1,078.00 $8,624.00 $457.07 $3,656.56
2 STC UFSMEDLHANS Bracket, Medium Storage to panel application $133.00 $266.00 $39.12 $78.24
8 9to5 9104 Lilly guest chair with 4 leg metal base - Upholstery: Billiard,
Gunmetal 5H21, Paint: Black $2,170.00 $17,360.00 $1,171.80 $9,374.40
1 BLU BD1JV1COATRK Bludot Splash Coat Rack - Tomato $395.00 $395.00 $405.82 $405.82
8 ESI EDGE2 Edge Dual Monitor Arm $856.00 $6,848.00 $385.20 $3,081.60
SUB-TOTAL $126,518.00 $52,176.50
1st Floor Conference Room
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
1 STC TS4THR4896 Groupwork Top-conference table, 48"D x 96"W - Laminate:
2LAK Clear Oak $1,120.00 $1,120.00 $477.46 $477.46
2 STC TS4TBASE285 Groupwork Base, 28" dia - Paint: 4242 Milk $1,081.00 $2,162.00 $460.83 $921.66
6 9to5 9154 Lilly with a 5-star base - Upholstery: Cantar EPU, Iron $1,785.00 $10,710.00 $963.90 $5,783.40
SUB-TOTAL $13,992.00 $7,182.52
95
Page 7 of 12
KR Office Interiors QUOTE #B-2259
403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman
Belgrade, MT 59714 CONTACT:Max Ziegler
PHONE: 406-585-5417 PHONE:
Email: megan@krofficeinteriors.com DATE: 1/21/2025
PROJECT:City Hall Remodel, New Furniture
Economic Development
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
1 STC TS4TBASE285 Groupwork Base, 28" dia - Paint: 4242 Milk $1,081.00 $1,081.00 $460.83 $460.83
1 STC TS4THDR36 Groupwork Top-table, round, 36" dia - Laminate: 2LAK Clear
Oak $521.00 $521.00 $222.10 $222.10
1 WE WEM9 Nolan Side Table, Antique Brass $525.00 $525.00 $256.09 $256.09
2 STC SSCRN Steelcase Soffio Screen, 80"W - Upholstery: Billiard,
Gunmetal 5H21 $1,222.00 $2,444.00 $536.03 $1,072.06
1 STC FLXFSRQ Flex; Screen-Freestanding, Rectangle, 47"H x 42"W -
Upholstery: Billiard, Pewter 5H20 $1,183.00 $1,183.00 $506.44 $506.44
1 STC FLXFSAG Flex; Screen-Freestanding, Angled, 47"H x 42"W -
Upholstery: Billiard, Pewter 5H20 $1,228.00 $1,228.00 $525.71 $525.71
2 WE WESMDC4LNG Sterling 4 Leg Lounge With Arms - Upholstery: Billiard,
Gunmetal 5H21, Wood: Oak Light $1,240.00 $2,480.00 $681.68 $1,363.36
1 BLU BD1JV1COATRK Bludot Splash Coat Rack - Tomato $395.00 $395.00 $405.82 $405.82
3 9to5 9154 Lilly with a 5-star base - Upholstery: Cantar EPU, Iron $1,785.00 $5,355.00 $963.90 $2,891.70
4 9to5 9104 Lilly guest chair with 4 leg metal base - Upholstery: Billiard,
Gunmetal 5H21, Paint: Black $2,170.00 $8,680.00 $1,171.80 $4,687.20
SUB-TOTAL $23,892.00 $12,391.31
City Clerk & Manager's Open Office
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
1 STC TS4TBASE285 Groupwork Base, 28" dia - Paint: 4242 Milk $1,081.00 $1,081.00 $460.83 $460.83
1 STC TS4THDR36 Groupwork Top-table, round, 36" dia - Laminate: 2LAK Clear
Oak $521.00 $521.00 $222.10 $222.10
14 STC TS71SSX Answer Receptacle-system ground, line 1 $63.00 $882.00 $18.53 $259.42
21 STC TS736THF Answer Frame, horizontal package, 36"W - Paint: 4242 Milk $136.00 $2,856.00 $40.00 $840.00
28 STC TS74236LS Answer Panel skin-laminate, 42"H x 36"W - Laminate: 2LAK
Clear Oak $691.00 $19,348.00 $203.22 $5,690.16
96
Page 8 of 12
KR Office Interiors QUOTE #B-2259
403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman
Belgrade, MT 59714 CONTACT:Max Ziegler
PHONE: 406-585-5417 PHONE:
Email: megan@krofficeinteriors.com DATE: 1/21/2025
PROJECT:City Hall Remodel, New Furniture
City Clerk & Manager's Open Office Cont.
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
14 STC TS74236TK Answer Panel skin-tackable acoustical, 42"H x 36"W -
Upholstery: Stencil, Orchid P464 $329.00 $4,606.00 $96.76 $1,354.64
14 STC TS74242TK Answer Panel skin-tackable acoustical, 42"H x 42"W -
Upholstery: Stencil, Orchid P464 $352.00 $4,928.00 $103.52 $1,449.28
7 STC TS742THF Answer Frame, horizontal package, 42"W - Paint: 4242 Milk $157.00 $1,099.00 $46.17 $323.19
11 STC TS748TEPJ Answer Junction - End of run, 48"H - Paint: 4242 Milk $155.00 $1,705.00 $45.59 $501.49
14 STC TS748TIPJ Answer Junction - In line, 48"H $110.00 $1,540.00 $32.35 $452.90
4 STC TS748TLPJ Answer Junction - L, 48"H - Paint: 4242 Milk $242.00 $968.00 $71.17 $284.68
4 STC TS76BPX Answer power infeed, 6' long $388.00 $1,552.00 $132.88 $531.52
21 STC TS7PK36X Answer Power Kit, 36"W $311.00 $6,531.00 $91.47 $1,920.87
7 STC TS7PK42X Answer Power Kit, 42"W $311.00 $2,177.00 $91.47 $640.29
9 STC TS7STLS1 In line-spanning top cap, package quantity 1, lightseal $25.00 $225.00 $7.35 $66.15
7 STC TS71272TFGR Screen-frameless glass, 12"H x 72"W, clear glass $1,044.00 $7,308.00 $307.04 $2,149.28
2 STC TS71278TFGR Screen-frameless glass, 12"H x 78"W, clear glass $1,161.00 $2,322.00 $341.45 $682.90
3 STC TS748TTPJ Junction-T, Thin, 48"H - Paint: 4242 Milk $242.00 $726.00 $71.17 $213.51
7 STC TS7FGJG Grommet-junction, package quantity 2, frameless glass
application $5.00 $35.00 $1.47 $10.29
7 STC RSS42TAK Shelf-slim, Answer application, 42"W - Paint: 4242 Milk $391.00 $2,737.00 $114.99 $804.93
8 STC MGELTRQ MigrationSE Desk-rectangle, T-leg, 70"W x 29"D - Laminate:
2884 Milk, Paint: 7241 Arcitc White $2,087.00 $16,696.00 $806.15 $6,449.20
10 STC 436AIR3D
Series 2 chair-air back with 3D microknit - Frame: Seagull,
Mesh: 3D Microknit Nickel, Upholstery: Cogent Connect,
Graphite
$1,288.00 $12,880.00 $553.84 $5,538.40
8 STC RLF18421BF Universal; Lateral file, flush steel front, 1-1/2 high
drawer/drawer, 18"D x 42"W - Paint: 4242 Milk $2,290.00 $18,320.00 $700.51 $5,604.08
8 STC RPXFMHAD Universal; Filler, 1 high, Migration application - Paint: 4242
Milk $81.00 $648.00 $24.78 $198.24
4 STC RSCMHAD Universal; Lateral file, Open, 1 high, MigrationSE right
application, 36"W - Paint: 4242 Milk $1,666.00 $6,664.00 $509.63 $2,038.52
97
Page 9 of 12
KR Office Interiors QUOTE #B-2259
403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman
Belgrade, MT 59714 CONTACT:Max Ziegler
PHONE: 406-585-5417 PHONE:
Email: megan@krofficeinteriors.com DATE: 1/21/2025
PROJECT:City Hall Remodel, New Furniture
City Clerk & Manager's Open Office Cont.
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
4 STC RSCMHAD Universal; Lateral file, Open, 1 high, MigrationSE left
application, 36"W - Paint: 4242 Milk $1,666.00 $6,664.00 $509.63 $2,038.52
1 STC MGELTRQB MigrationSE Base-rectangle, T leg, Extended height, 24"D -
Paint: 4242 Milk $1,523.00 $1,523.00 $579.96 $579.96
1 STC USWS Worksurface-straight, 94"W x 29"D - Laminate: 2884 Milk $1,007.00 $1,007.00 $296.16 $296.16
1 STC RPM2421CF Pedestal-mobile, 1 box/1 file flush front, cushion top, 24"D -
Paint: 4242 Milk, Upholstery: Cogent Connect, Graphite $1,961.00 $1,961.00 $540.51 $540.51
1 WE WEM9 Nolan Side Table, Antique Brass $525.00 $525.00 $256.09 $256.09
2 WE WESMDC4LNG Sterling 4 Leg Lounge With Arms - Upholstery: Billiard,
Gunmetal 5H21, Wood: Oak Light $1,240.00 $2,480.00 $681.68 $1,363.36
3 9to5 9154 Lilly with a 5-star base - Upholstery: Cantar EPU, Iron $1,785.00 $5,355.00 $963.90 $2,891.70
2 9to5 9104 Lilly guest chair with 4 leg metal base - Upholstery: Billiard,
Gunmetal 5H21, Paint: Black $2,170.00 $4,340.00 $1,171.80 $2,343.60
1 BLU BD1JV1COATRK Bludot Splash Coat Rack - Tomato $395.00 $395.00 $405.82 $405.82
9 ESI EDGE2 Edge Dual Monitor Arm $856.00 $7,704.00 $385.20 $3,466.80
SUB-TOTAL $150,309.00 $52,869.39
Attorney's Office
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
2 STC MGELTRQ MigrationSE Desk-rectangle, T-leg, 70"W x 29"D - Laminate:
2884 Milk, Paint: 7241 Arcitc White $2,087.00 $4,174.00 $806.15 $1,612.30
2 STC 436AIR3D
Series 2 chair-air back with 3D microknit - Frame: Seagull,
Mesh: 3D Microknit Nickel, Upholstery: Cogent Connect,
Graphite
$1,288.00 $2,576.00 $553.84 $1,107.68
2 STC RPM2421CF Pedestal-mobile, 1 box/1 file flush front, cushion top, 24"D -
Paint: 4242 Milk, Upholstery: Cogent Connect, Graphite $1,961.00 $3,922.00 $540.51 $1,081.02
98
Page 10 of 12
KR Office Interiors QUOTE #B-2259
403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman
Belgrade, MT 59714 CONTACT:Max Ziegler
PHONE: 406-585-5417 PHONE:
Email: megan@krofficeinteriors.com DATE: 1/21/2025
PROJECT:City Hall Remodel, New Furniture
Attorney's Office Cont.
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
1 WE WEM9 Nolan Side Table, Antique Brass $525.00 $525.00 $256.09 $256.09
4 WE WESMDC4LNG Sterling 4 Leg Lounge With Arms - Upholstery: Billiard,
Gunmetal 5H21, Wood: Oak Light $1,240.00 $4,960.00 $681.68 $2,726.72
1 BLU BD1JV1COATRK Bludot Splash Coat Rack - Gray Green $395.00 $395.00 $405.82 $405.82
2 ESI EDGE2 Edge Dual Monitor Arm $856.00 $1,712.00 $385.20 $770.40
1 BOL AB0207005 Grab Pouf- Large - Upholstery: Qual, Sand FQU12 $1,054.00 $1,054.00 $919.36 $919.36
1 VIC VCBTR
Viccarbe Trestle Table, 96"W x 48"D, with center power port -
2 outlets, 1 USB A+C, with cable tray and leg cable cover -
Laminate: 2LAK Clear Oak, Paint: 4242 Milk
$5,455.00 $5,455.00 $3,126.81 $3,126.81
SUB-TOTAL $24,773.00 $12,006.20
Storage Room
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
225 DAT WDS-18 Wide Span Front to Back Reiforcement for WRA and WRC
18" Unit $53.00 $11,925.00 $22.31 $5,020.43
35 DAT WDS-36 Wide Span Front to Back Reiforcement for WRA and WRC
36" Unit $63.00 $2,205.00 $26.52 $928.31
45 DAT WFMS-1860 Flat Metal Shelf for 18"D x 60"W Unit $124.00 $5,580.00 $52.20 $2,349.18
5 DAT WFMS-3684 Flat Metal Shelf for 36"D x 84"W Unit $263.00 $1,315.00 $110.72 $553.62
72 DAT WRA-18 Wide Span Heavy Duty Shelf Support for 18" Unit $41.00 $2,952.00 $17.26 $1,242.79
8 DAT WRA-36 Wide Span Heavy Duty Shelf Support for 36" Unit $47.00 $376.00 $19.79 $158.30
72 DAT WRA-60 Wide Span Heavy Duty Shelf Support for 60" Unit $63.00 $4,536.00 $26.52 $1,909.66
8 DAT WRA-84 Wide Span Heavy Duty Shelf Support for 84" Unit $71.00 $568.00 $29.89 $239.13
18 DAT WSC-18 Widespan Seismic Support Channel for 18" Unit $92.00 $1,656.00 $38.73 $697.18
2 DAT WSC-36 Widespan Seismic Support Channel for 36" Unit $103.00 $206.00 $43.36 $86.73
18 DAT WSC-60 Widespan Seismic Support Channel for 60" Unit $127.00 $2,286.00 $53.47 $962.41
99
Page 11 of 12
KR Office Interiors QUOTE #B-2259
403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman
Belgrade, MT 59714 CONTACT:Max Ziegler
PHONE: 406-585-5417 PHONE:
Email: megan@krofficeinteriors.com DATE: 1/21/2025
PROJECT:City Hall Remodel, New Furniture
Storage Room Cont.
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
2 DAT WSC-84 Widespan Seismic Support Channel for 84" Unit $140.00 $280.00 $58.94 $117.88
40 DAT WUR-72 Wide Span Standard L Upright 72"H $47.00 $1,880.00 $19.79 $791.48
SUB-TOTAL $35,765.00 $15,057.07
FURNITURE TOTAL $682,016.00 $266,516.63
Labor
QTY MFG FURNITURE TAG DESCRIPTION LIST PRICE EXT.LIST YOUR PRICE TOTAL
1 KR LABOR Labor to receive, deliver, install and remove trash for new
furniture in the City Hall Remodel $30,260.00 $32,895.00
FURNITURE & LABOR TOTAL $299,411.63
FREIGHT SURCHARGE $8,034.27
TOTAL $307,445.90
100
Page 12 of 12
KR Office Interiors QUOTE #B-2259
403 Gallatin Farmers Ave. Ste 101 CLIENT: City of Bozeman
Belgrade, MT 59714 CONTACT:Max Ziegler
PHONE: 406-585-5417 PHONE:
Email: megan@krofficeinteriors.com DATE: 1/21/2025
PROJECT:City Hall Remodel, New Furniture
Pricing valid for 30 days from the date of this document.
PAYMENT TERMS & CONDITIONS ARE AS FOLLOWS:
-
- By signing this quotation, the client agrees all finishes, materials and drawings are correct.
-
- Pricing of new furniture includes receiving, delivery, installation, and trash removal; it does not include removal and/or disposal of existing furniture.
- Any labor quoted is based on the stated scope of the project. If changes to the scope are requested during installation, additional fees may apply.- Labor is based on normal business hours unless otherwise stated in the scope.
- Job site must be free and clear of all obstacles/trades and ready to receive product or additional labor and storage fees may apply.
-
-Furniture Contracts within this quote:
-Steelcase: NASPO MA3969
-Fellowes: Sourcewell 091423-FELL
-9to5 Seating: NCPA (Omnia) 07-73-Datum: GSA Contract
Customer Approval Date
Please review the quote and corresponding drawings. Let us know if you would like to make any changes. If you are ready to place your order, please sign
and return the quote and drawings to us by email: megan@krofficeinteriors.com
Once the furniture is ordered, any changes and/or cancelations cannot be made. Furniture is not returnable or exchangeable unless defective or
damaged at the time of delivery.
30 Days of free storage are included with this quote. If installation of the furniture is delayed due to construction or at the request of the client beyond
30 days from KR Office Interiors’ receipt of the furniture, additional storage fees will be applied and invoiced.
Due to the size of this project, if this quote is approved, the city will provide a purchase order to Steelcase, the vendor, instead of KR Office Interiors,
the dealer. Once the furniture is installed, Steelcase will send an invoice for payment.
101
Memorandum
REPORT TO:City Commission
FROM:Shawn Kohtz, Utilities Director
Adam Oliver, Stormwater Program Manager
SUBJECT:Authorize the City Manager to Sign the 2024 Stormwater Annual Report
Form
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Authorize the City Manager to sign the 2024 Stormwater Annual Report
Form
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:On June 25th, 2012, Commissioners adopted Ordinance 1831 creating a
stormwater utility. An annual report is produced by staff each year that
details the programs Stormwater Division is responsible for, tracks progress
and water quality, and inventories stormwater infrastructure. This report is
required by the MS4 Permit which is issued by The Montana Department of
Environmental Quality (DEQ). The annual report requires the City Manager's
signature, and is attached.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:None
Attachments:
2024 Stormwater Annual Report and Attachments.pdf
Report compiled on: January 27, 2025
102
Updated November 2022 MS4-AR Page | 1 of 3
Agency Use
Permit No.: MTR04
Date Rec’d
Amount Rec’d
Check No.
Rec’d By
FORM
MS4-AR
Annual Report Form
Storm Water Discharges Associated with MS4s
MTR040000
This annual report form is to be completed by each permittee authorized under the General Permit for Storm Water Discharges
Associated with Small Municipal Separate Storm Water Sewer Systems (MS4s). The completed form must be electronically
submitted to DEQ by March 1st of each year starting March 1st, 2023.
Reporting Year: 2023 2024 2025 2026 (reporting period is for the preceding calendar year, Jan 1st- Dec 31st)
MS4 Information
Permit Number M T R 0 4 0 0 0 2
Small MS4 Name _________________________________________________________________
Contact Person, (name, title) _________________________________________________________________
Mailing Address _________________________________________________________________
City, State, and Zip Code _________________________________________________________________
Phone Number, Email Address _________________________________________________________________
Authorized as a Co-permittee? Yes: _________________________________ No
(If, yes provide Co-permittee MS4 name in the blank provided. Each co-permittee must submit a separate complete annual report form.)
Is the MS4 sharing responsibility? If yes, attach written acceptance and explanation of shared obligation(s). Yes No
Attach an organizational chart identifying the primary SWMP coordinator, positions responsible for implementing requirements
of the permit, and contact information for each individual. Attached Not Attached
Minimum Control Measure 1 & 2
Link to storm water website _________________________________________________________________
List of four key target audiences: Associated Pollutants: Outreach strategy:
Attach documentation of participation and/or feedback of key target audiences. Attached Not Attached
Water Protection Bureau
Montana Pollutant Discharge Elimination System
1
2
See SWMP Sections 3.2, 3.3, 3.4, 3.5, and 3.6 for key target audiences, associated pollutants outreach
strategies, and documentation of participation and feedback. 2
Attachments are provided in order of this form, numbers along the left edge correspond with the file numbers. The SWMP is Attachment 2 and is referenced multiple times.
2
See SWMP Sec. 1.5
103
Updated November 2022 MS4-AR Page | 2 of 3
Minimum Control Measure 3 (attach the following in the order listed)
List of potential non-storm water discharges identified as significant contributors of pollutants (i.e. illicit discharges),
associated pollutants, and any local controls or conditions placed on these discharges. Attached Not Attached
Have there been updates to the MS4’s storm sewer maps? Yes No, the map(s) were last updated: ________
If yes, submit the maps using one of the following options:
Electronic GIS shapefiles emailed to DEQMPDESDataManagement@mt.gov
Attached Hard copy
Link to online maps: _______________________________________________
Summary of investigations and corrective actions taken over the past year per the Illicit Discharge and Corrective Action
Plan. Attached Not Attached
Number of outfalls inspected during dry weather: _______ of _______ (total number of outfalls)
Number of high priority outfalls inspected: _______ of _______ (total number of high priority outfalls)
Attach a summary of any resulting actions taken from screening results. Attached Not Applicable
Year 2023 only, unless updates were made:
A copy or link to the adopted ordinance, policy, procedure, and/ or regulatory mechanism prohibiting illicit discharges.
Attached or Link ___________________________________________
Minimum Control Measure 4 (attach the following in the order listed)
List of construction sites/projects inspected over the last year and any resulting actions. Attached Not Attached
Year 2023 only, unless updates were made:
A copy of the construction storm water management plan review checklist. Attached Not Attached
A copy of the construction site inspection form or checklist. Attached Not Attached
A copy or link to the adopted ordinance, policy, procedure, and/or regulatory mechanism requiring construction storm water
controls. Attached or Link ___________________________________________
Minimum Control Measure 5 (attach the following in the order listed)
Inventory of regulated projects using offsite treatment for post-construction runoff. Attached Not Applicable
Number of high priority post-construction storm water management controls inspected: _______
Attach a summary of any resulting actions taken from inspections. Attached Not Applicable
Year 2023 only, unless updates were made:
A copy of the post-construction storm water management plan review checklist. Attached Not Attached
A copy of the post-construction site inspection form or checklist. Attached Not Attached
A copy or link to the adopted ordinance, policy, procedure, and/or regulatory mechanism requiring post-construction storm
water controls. Attached or Link ___________________________________________
Year 2025 only: Submit a plan to modify relevant codes, ordinances, policies, and/or programs to implement LID/green
infrastructure concepts. Attached Not Attached
Minimum Control Measure 6 (attach the following in the order listed)
Number of SOPs evaluated: _______ of _______ (total number of SOPs for permittee facilities/activities)
Summary of SOP updates made in the last year. Attached Not Applicable
Records of completed trainings in conformance with section II.B. of the General Permit. Attached Not Attached
2
See SWMP Sec. 4.0 See
SWMP Sec. 4.7
See SWMP Sec. 4.52
See
SWMP Sec. 4.8
See SWMP Sec. 5.0
3
4
5
See SWMP Sec. 6.0
None
6
66
See SWMP Sec. 7.0
See SWMP
Sections 7.3 & 7.4
7
No Updates
No Updates
No Updates
104
Updated November 2022 MS4-AR Page | 3 of 3
Year 2023 only, unless updates were made:
Inventory of permittee facilities/activities with potential to contribute contaminants. Attached Not Attached
Summary of inspection procedures for facilities and their structural storm water controls. Attached Not Attached
Storm Water Management Plan (SWMP)
In the last year, were any public comments received on the SWMP? Yes No
If yes, attach a summary of comments received. Attached Not Applicable
In the last year, have additional SWMP updates been made other than those listed above? Yes No
If yes, attach a summary including the date and description of updates and rationale for decision making.
Attached Not Applicable
Monitoring and Reporting (attach the following in the order listed)
I verify all outfall monitoring has been performed and recorded in conformance with section II.C. and II.D. of the General
Permit. (If not able to dependably obtain two samples a year at each monitoring location, attach a summary of rationale. Contact
DEQ regarding requests for a change in monitoring locations.)
Attach a summary of implemented BMPs used to target and reduce discharges to impaired waterbodies and a schedule for thefollowing year’s BMP implementation. Attached Not Applicable See SWMP Sections 2.3, 2.4, 2.5, & 2.6
Year 2023 only, unless updates were made: Attach an inventory of outfalls discharging to impaired waterbodies including
associated pollutants. Attached Not Applicable
MS4s with an approved TMDL:
Year 2023 only: Submit a TMDL-related sampling plan for DEQ review. Attached Not Applicable
Years 2024, 2025, and 2026: In the last year, were any public comments received on the sampling plan? Yes No
If yes, attach a summary of comments received and any resulting actions/modifications. Attached Not Applicable
Certification*
All Permittees Must Complete the Following Certification:
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing
violations. [75-5-633, MCA].
Name (Type or Print)
Title (Type or Print) Phone Number
Signature Date Signed
* This Annual Report Form must be completed, signed, and certified as follows:
• For a corporation, by a principal officer of at least the level of vice president;
• For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or
• For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official.
See SWMP Sections 2.0 & 8.0
See SWMP Sections 7.3 & 7.42
See SWMP Sec. 1.10
See SWMP Sec. 9.0
2
See SWMP Sec. 4.8
See SWMP Sections 2.0 & 8.0See Sections 2.3,
2.6. 8.5, & 8.6
105
COB and MSU Memorandum of Understanding Page | 1
MEMORANDUM OF UNDERSTANDING
between
The City of Bozeman
and
Montana State University
for
General Permit for Stormwater Discharges Associated with Small Municipal
Separate Storm Sewer Systems (MS4) Compliance and Storm Sewer Operation
This Memorandum of Understanding (MOU) made this ____ day of ____________ , 2022,
between the City of Bozeman (COB) and Montana State University (MSU), collectively referred
to as the “Parties”, addresses areas of shared responsibility regarding the Montana Department
of Environmental Quality (MDEQ) General Permit for Stormwater Discharges Associated with
Small Municipal Separate Storm Sewer Systems (MS4 Permit) and storm sewer operation.
WHEREAS, the MDEQ requires the Parties to mitigate pollutants entering their storm sewers by
implementing respective Stormwater Management Programs (SWMP) that include best
management practices designed, installed, and maintained per sound engineering, hydrologic,
and pollution control practices.
WHEREAS, the Parties are co-permittees, as authorized under Montana ARM 17.30.111(3) and
ARM 17.30.111(7), and share select responsibility for the completion of defined SWMP activities.
WHEREAS, the MDEQ requires co-permittees to document shared activities and specifically
requires them to have an MOU and organizational charts in order to be compliant with the MS4
Permit.
WHEREAS, MSU owns and operates storm sewers located on its property, which contains
drainage basins and conveyances connected to COB infrastructure.
WHEREAS, MSU is a utility customer of the COB and pays monthly stormwater service fees.
NOW THEREFORE, in consideration of the mutual understandings contained herein, the Parties
agree as follows:
1.The COB shall:
a.Provide a single contact point, unless otherwise designated.
b.Request permission 24 hours before completing any task on MSU property.
c.Facilitate and document regular coordination meetings.
DocuSign Envelope ID: 5EB6CD9B-9275-4C9C-BBB3-D27F70A49913
Attachment 1 - Sharing Responsibility - MOU
106
COB and MSU Memorandum of Understanding Page | 2
d. Carry out the roles associated with each Minimum Control Measure, listed in
Appendix A.
e. Update MSU’s stormwater service fees each fiscal year.
f. Provide SWMP technical assistance and compliance support upon request.
g. Deliver an updated copy of the Management Plan to MSU annually.
2. MSU shall:
a. Provide a single contact point, unless otherwise designated.
b. Participate in regular coordination meetings.
c. Carry out the roles associated with each Minimum Control Measure, listed in
Appendix A.
d. Deliver information, review, and approve the Management Plan annually.
e. Provide parking and access for COB vehicles and equipment.
3. EFFECTIVE DATE AND DURATION:
The Parties agree that this MOU shall be effective on the date of its execution and shall
continue for a period of five (5) years. The Parties may terminate this MOU at any time
upon mutual written agreement. The Parties may extend the MOU for such additional
period of time and under such terms as agreed upon in writing.
4. FEES FOR SERVICES:
The Parties agree that no fees for services performed under this MOU shall be applied,
other than the COB’s stormwater service charge applied to MSU.
5. INDEMNIFICATION:
The Parties agree to indemnify, defend, and hold harmless the other, their officers, agents
and employees from and against any and all claims, losses, liabilities or damages and costs
of its officers, agents, employees, and subcontractors.
DocuSign Envelope ID: 5EB6CD9B-9275-4C9C-BBB3-D27F70A49913
107
COB and MSU Memorandum of Understanding Page | 3
IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their authorized
representatives, on the day and year first written above.
CITY OF BOZEMAN
(Signature)
(Title)
_______
(Printed Name)
MONTANA STATE UNIVERSITY
(Signature)
_____________________________________
(Title)
____ _____________
(Printed Name)
DocuSign Envelope ID: 5EB6CD9B-9275-4C9C-BBB3-D27F70A49913
AVP University Services
John How
Jeff Mihelich
City Manager
108
Appendix A
Roles in the MS4 Permit
Administrative – SWMP Sec. 1.0
COB and MSU points of contact will establish meetings quarterly. On an annual basis, both Parties will
update the GIS records and corresponding ratepayer records. This data review will also tie into the
mapping required by MCM’s 3 and 5.
MCM’s 1 and 2: Public Education, Outreach, Involvement, and Participation
a. Each Party will maintain a website, on the internet, separately and individually.
b. The Parties will separately identify Key Target Audiences for stormwater outreach and
education.
c. The Parties will separately select the outreach formats per the MS4 permit.
d. Perform outreach and public involvement separately, while looking for areas of overlap.
MCM 3: Illicit Discharge Detection and Elimination
a. Each Party will review categories of non-stormwater discharges, and identify which are
significant contributors of pollutants.
b. Each Party will create, update, and store an inventory of their infrastructure. They will meet
annually to review this information.
c. COB will make infrastructure information publicly available on the internet.
d. Each Party will develop and update a Corrective Action Plan to address illicit discharges. Initial
response will be the responsibility of each Party in their respective area. Minor spills will be
dealt with by the respective SWMP Coordinator, while major spills will be routed through 911
and then to the appropriate agency. The Parties have an existing emergency services contract,
allowing City of Bozeman emergency services to respond to major spills in both jurisdictions.
e. COB staff will perform dry weather screening field inspection of all outfalls as outlined in the
MS4 permit, including those on MSU property. COB will provide relevant field forms to MSU in a
timely fashion. Record keeping, reporting, prioritization, and illicit discharge resolution will be
the responsibility of each Party separately.
MCM 4: Construction Site Storm Water Management
a. Each Party will separately require construction site stormwater management plans and controls
on regulated projects.
b. Each Party will separately review stormwater management plans, using a checklist, for
compliance with technology based effluent limitations contained within the most recent
Construction General Permit.
c. Each Party will separately inspect regulated projects using a site inspection checklist.
d. Because of the status of COB as a traditional MS4 and MSU as a non-traditional MS4, ordinances
and policies will be addressed separately.
DocuSign Envelope ID: 5EB6CD9B-9275-4C9C-BBB3-D27F70A49913
109
MCM 5: Post-Construction Site Storm Water Management
a. Each Party will separately require post-construction stormwater management controls on
regulated projects.
b. Each Party will separately develop and implement a plan review checklist.
c. Each Party will separately maintain and update an inventory of post-construction controls
annually. See MCM 3 b and c above.
d. City of Bozeman and MSU will jointly complete a high-priority post-construction control analysis.
e. COB will conduct field inspections on MSU owned high-priority post-construction controls
annually.
f. COB will provide field reports and maintenance recommendations for MSU high-priority post-
construction controls.
g. Maintenance and record keeping will be the responsibility of MSU for their post-construction
facilities.
MCM 6: Pollution Prevention and Good Housekeeping
a. The Parties will work together to identify facilities and activities per the most current MS4
Permit.
b. COB staff will conduct field inspections of activities and facilities.
c. COB will provide field inspection reports to MSU for identified facilities and activities.
d. The Parties will be separately responsible for final documentation, SOG development, and SOG
training.
e. COB will maintain a map of identified COB and MSU facilities.
f. MSU will provide COB good housekeeping information found in SWMP Section 7 about source
load reduction.
Monitoring
Bozeman has a specialist who focuses on this requirement. It will be most efficient for COB staff to
continue to set up and monitor sites as required by the MS4 permit and submitted sampling plan. COB
will provide monitoring results.
Program Effectiveness Assessment
Each Party will perform this assessment based on required BMPs in each minimum control measure that
have been adjusted or modified throughout the permit cycle. Outcomes, such as reducing pollutant
loads, will be addressed together where possible.
DocuSign Envelope ID: 5EB6CD9B-9275-4C9C-BBB3-D27F70A49913
110
City of Bozeman & Montana State University
Stormwater Management Plan
2024 Update MS4 General Permit Term 2022 – 2026
111
Blank Page
112
Table of Contents
Program Administration Section 1.0
Capital Project Program
Public Education Program
Illicit Discharge Detection and Elimination Program
Construction Site Management Program
Post-Construction Program
Good Housekeeping Program
Sampling and Evaluation Program
Stormwater Management Plan Updates
Section 2.0
Section 3.0
Section 4.0
Section 5.0
Section 6.0
Section 7.0
Section 8.0
Section 9.0
113
Blank Page
114
Section 1.0
Program Administration
Graphic 1.0.2: Failed stormwater pipe Graphic 1.0.1: Street flooding resulting from clogged infrastructure 115
SECTION 1.0 - PROGRAM ADMINISTRATION 2
Blank Page
116
SECTION 1.0 - PROGRAM ADMINISTRATION 3
1.1 Introduction
This Stormwater Management Plan (SWMP) describes the City of Bozeman (City) and Montana State
University (University), collectively known as the MS4, structural and administrative Best Management
Practices (BMPs) engineered, implemented, maintained, and enforced to meet the following objectives:
Protect public safety;
Improve water quality; and
Comply with environmental regulations.
This SWMP is an iterative and evolving document with updates occurring annually. Updates included in
this SWMP document BMPs implemented up to and including calendar year 2024. The MS4 tracks
updates in SWMP Section 9.0. SWMP Section 1.0 details the following components necessary to
administer the MS4’s Program for the 2022 – 2026 General Permit for Stormwater Discharges
Associated with Small Municipal Separate Storm Sewer Systems (General Permit) permit term, including:
Background Information (1.2)
City Program Framework (1.3)
University Program Framework (1.4)
Stormwater Management Team (1.5)
Sharing Responsibility (1.6)
Collaborative Organizations (1.7)
Additional Regulatory Responsibilities (1.8)
Annual Report (1.9)
Public Comments (1.10)
1.2 Background Information
The MS4 is an incorporated town located in Gallatin County, Montana, and has a population of 53,293
as of the 2020 Census (University population 16,841). The MS4’s primary land-use type is residential and
commercial, with isolated industrial areas. Other notable geographical details include:
Elevation: 4820 ft.
Climate: Cold continental, with warm and dry summers, cold and dry winters
Average Temperature: 44.6 ˚F
Average Precipitation: 18.4 inches (University rain gauge)
The MS4 is located at the headwaters of the Upper Missouri Watershed and possesses relatively pristine
surface water quality that supports several beneficial uses, including aquatic life, drinking water,
agriculture, and recreation. Numerous waterways originate within and pass through the MS4.
The MS4’s most notable waterway is Bozeman Creek (aka Sourdough Creek), which originates in the
Gallatin Mountains south of its jurisdictional boundary. Flowing north, Bozeman Creek enters the MS4 at
its southeastern border and continues until its confluence with the E. Gallatin River. The Montana
Department of Environmental Quality (MDEQ) determined that Bozeman Creek has various impairments
from natural and anthropogenic sources when developing its 2013 Lower Gallatin Planning Area Total
Maximum Daily Load Report (TMDL).
The second most notable waterway is Mandeville Creek, a small, spring fed watercourse that originates
in the south end of Bozeman. Mandeville Creek flows north until its confluence with the E. Gallatin
River. The MDEQ determined that Mandeville Creek has various impairments from natural and
anthropogenic sources when developing its TMDL.
117
SECTION 1.0 - PROGRAM ADMINISTRATION 4
Numerous perennial and intermittent spring creeks flow through the MS4 in a web of channels,
irrigation ditches, and pipes. The MDEQ has not completed an assessment of these waterways.
The MS4’s water resources represent a significant community value and are the backbone of its tourism,
recreation, and neighboring agricultural industries. A growing threat to these invaluable resources is
stormwater runoff, which occurs when rainfall and snowmelt flow across developed surfaces, such as
yards, roadways, parking lots, and rooftops. Stormwater picks up pollutants before entering storm
sewers, such as drains, pipes, and ditches, and eventually discharges into the MS4’s waterways.
Stormwater runoff can result in property damage, public health threats, and environmental degradation
if not proactively managed. Specific pollutants of concern include:
Sediment: Sourced from barren ground, construction sites, road sand, unpaved roads and trails,
gravel parking lots, windblown dust, and vehicle grime, resulting in suffocated aquatic habitat
and alterations to stream channel morphology.
Nitrogen and Phosphorous: Sourced from improper lawn fertilizer application, grass clippings,
and yard debris, resulting in oxygen-depleting algae blooms.
E.coli: Sourced from substandard septic systems and pet waste, resulting in toxic conditions for
the public and wildlife.
Floatables: Sourced from littering, overfilled garbage cans, and unsecured loads, resulting in
clogged infrastructure, impaired aesthetic value, and endangered wildlife.
Oil, Grease, Metals, and Detergents: Sourced from motor vehicles, car spills, and car washing,
resulting in toxic conditions for humans and wildlife.
Temperature: Sourced from extensive and continuous impervious areas and lack of shade,
resulting in harmful impacts to coldwater fisheries.
To counter stormwater runoff’s impacts, the United States Congress established the National Pollutant
Discharge Elimination System (NPDES) as a part of the Clean Water Act (CWA) in 1972 to preserve and
restore the health of the United States’ Waters. The U.S. Environmental Protection Agency (EPA) is the
lead organization tasked with the implementation and oversight of the CWA. In Montana, the MDEQ has
primacy, allowing for further state-scale interpretation, enactment, and enforcement.
The NDPES program regulates water pollution through a series of permits focused on point sources,
such as industrial facilities, wastewater plants, and stormwater discharges. The driving permit behind
the development and implementation of this SWMP is the MDEQ’s Phase 2 General Permit for
Stormwater Discharges Associated with Small Municipal Separate Storm Sewer Systems (MS4 Permit),
which requires the City and University to implement a variety of programs to prevent and mitigate
polluted discharges to waterways.
The MDEQ designates the City as a traditional permittee and the University as a non-traditional
permittee. Both parties are co-permittees because their storm sewers are connected, and they work
together on various administrative programs. The MDEQ requires the MS4 to complete the following:
Prepare and submit individual Notices of Intent (NOI).
Receive authorizations to discharge from MDEQ after permit issuance in 2022.
Prepare and submit individual Annual Reports.
Develop, implement, and update this SWMP throughout the MS4 Permit term.
Also, the MDEQ requires the MS4 to administer a program that works to accomplish the following:
Educate the public (SWMP Section 3.0)
Engage citizens through involvement and participation (SWMP Section 3.0)
118
SECTION 1.0 - PROGRAM ADMINISTRATION 5
Detect and eliminate illicit discharges and connections (SWMP Section 4.0)
Regulate construction sites (SWMP Section 5.0)
Regulate stormwater facilities constructed with new and re-development (SWMP Section 6.0)
Mitigate polluted discharges from municipal facilities and operations (SWMP Section 7.0)
Collect and analyze water quality and stormwater runoff data (SWMP Section 8.0)
The following sections of this SWMP outline the MS4’s work within each of these programs.
1.3 City Program Framework
On June 25, 2012, the City adopted Ordinance 1831, creating a Stormwater Utility, providing revenue
collection for the operation and maintenance of the City’s stormwater system. Funding was initially
allocated to inventory, map, and assess the condition of the City’s storm sewer. This effort was in
response to findings identified during a 2011 MDEQ MS4 Permit audit, which included one violation, 16
program deficiencies, and 23 improvement recommendations.
On March 3, 2014, the City presented the results of their inventory, mapping, and assessment effort to
City Commissioners. The City inventoried over ten thousand individual assets, many of which were
clogged, cracked, buried, or in disrepair. Also, a program administration review identified significant
shortfalls. Commissioners directed the City to develop options for addressing known issues.
On April 21, 2014, the City presented three levels of service, differing primarily on the timeline required
to address issues and the annual funding level. Commissioners decided to implement a program that
included a funding level of $1.2 million annually for operations, treatment, and deferred maintenance.
On February 23, 2015, the City adopted a new level of service and a rate model to collect service fees
based on individual property’s impact on the stormwater system.
On December 1, 2015, the City implemented the final piece of the new rate model allowing a fully
funded and functional Stormwater Utility for the first time in its history. The City’s utility rate model
includes the following components:
Flat Charge: Charged evenly across the service area. Properties with a water meter receive a flat
monthly charge per meter. The funding pays for deferred maintenance projects.
Variable Charge: Charged proportionally to the amount of impervious area on a property.
Impervious area does not allow water to soak into the ground during rain events, creating more
stormwater runoff. Larger areas result in more impact on public storm sewers and waterways.
Utility Credit: Properties that have installed quantity and quality-based stormwater controls
receive a billing credit as these properties impact the stormwater system less than those
without stormwater infrastructure.
The City’s utility rate model includes the following funding allocations:
Approximately $650,000 annually for deferred maintenance, which includes costs associated
with the replacement and cleaning of storm sewer assets.
Approximately $800,000 annually for operations and maintenance, which includes expenses
related to personnel, reoccurring system maintenance, supplies, and equipment.
Approximately $250,000 annually for system enhancements, which includes costs associated
with stormwater treatment projects to remove pollutants before discharging to waterways.
The Stormwater, Building, Strategic Services, and Finance Divisions work collaboratively to update the
rate model regularly as new and re-development occurs. The workflow includes:
1. Developers submit site plans through electronic permit software.
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SECTION 1.0 - PROGRAM ADMINISTRATION 6
2. Stormwater Staff work in a shared folder to review site plans and digitize the impervious area.
3. Strategic Services Staff import the digitized polygons into the enterprise GIS and update each
polygon’s Equivalent Residential Unit (ERU) attribute.
4. Finance sends water meter notices to Staff when construction is nearing completion.
5. Stormwater Staff review impervious area data based on the address information provided by
Finance and calculate an ERU total for each account, including percentage credit, if applicable.
6. Finance Staff update the ERU values in the software and generate a bill for customers.
Table 1.3.1 shows impervious area additions per year (single-family units and public roads excluded):
Table 1.3.1: Impervious Area Additions
Calendar Year Impervious Acres Added New Site Plans
2017-2020 Average 59 90
2021 70 70
2022 67 54
2023 80 48
2024 ~65 45
Fiscal Year 2022 Budget (July 1, 2021 - June 30, 2022)
Resource Justification: Public budget approval process completed in June 2021. Staff gave a
public presentation regarding past, current, and future work, and answered questions.
Program Effectiveness: See performance measures in SWMP Sections 2.0 - 8.0.
Resource Variation: +9% rate increase, steep increases in inflation this year
Staff: 8 FTEs, 1 additional Technician added, but several positions were vacant throughout
the Fiscal Year
Fiscal Year 2023 Budget (July 1, 2022 - June 30, 2023)
Resource Justification: Public budget approval process completed in June 2023. Staff gave a
public presentation regarding past, current, and future work, and answered questions.
Program Effectiveness: See performance measures in SWMP Sections 2.0 - 8.0.
Resource Variation: +9% rate increase
Staff: 8 FTEs, fully staffed at the end of the calendar year 2022
Table 1.3.2: FY22 Budget Totals
Fiscal Year Budget
Salaries and Benefits $676,084
Operating $329,467
Capital $675,000
Debt Service $194,735
Total Budget: $1,875,286
Table 1.3.3: FY23 Budget Totals
Fiscal Year Budget
Salaries and Benefits $802,382
Operating $515,822
Capital $672,250
Debt Service $194,173
Total Budget: $2,184,627
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SECTION 1.0 - PROGRAM ADMINISTRATION 7
Fiscal Year 2024 Budget (July 1, 2023 - June 30, 2024)
Resource Justification: Public budget approval process completed in June 2023. Staff gave a
public presentation regarding past, current, and future work, and answered questions.
Program Effectiveness: See performance measures in SWMP Sections 2.0 - 8.0.
Resource Variation: +3% rate increase
Staff: 8 FTEs
Fiscal Year 2025 Budget (July 1, 2024 - June 30, 2025)
Resource Justification: Public budget approval process completed in June 2024. Staff gave a
public presentation regarding past, current, and future work, and answered questions.
Program Effectiveness: See performance measures in SWMP Sections 2.0 - 8.0.
Resource Variation: +3% rate increase
Staff: 8 FTEs
1.4 University Program Framework
In 2024, the University has devoted approximately 760 hours to stormwater maintenance, management,
and improvements and tracks work activities and labor using a work order system. In cooperation with
the Engineering and Utilities Director, the Facilities Services Director coordinates and ensures MS4
Permit compliance.
1. Current Staff:
Director - Engineering and Utilities: Directional and political support (80 hours per year)
Director - Facilities Services: Overall program coordination. Administers and supports
environmental compliance programs; manages support personnel; identifies and advocates
for infrastructure projects; conducts training, inspections, permit reviews, data collection,
and reporting; manages reoccurring infrastructure maintenance, structural inspections,
repairs, and replacements (350 hours/year)
Support Staff and Contracted Services: Groundskeepers, laborers, plumbers, and street
sweeping (330 hours/year)
The following representatives make up the University’s Stormwater Management Team. Regular
communication occurs, allowing for the exchange of necessary information:
Table 1.3.4: FY24 Budget Totals
Fiscal Year Budget
Salaries and Benefits $930,000
Operating $750,000
Capital $649,600
Debt Service $58,000
Total Budget: $2,388,600
Table 1.3.5: FY25 Budget Totals
Fiscal Year Budget
Salaries and Benefits $888,000
Operating $155,000
Capital $1,055,000
Debt Service 0
Total Budget: $2,100,000
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SECTION 1.0 - PROGRAM ADMINISTRATION 8
Leader (Primary): Edward Hook – Director, Facilities Services MCM 1-6
Leader: Megan Sterl – Director, Engineering & Utilities MCM 1-6
Leader: Ryan Brickman – Director, Safety & Risk Management MCM 1-3, 6
Leader: Grant Peterson, Director, Campus Planning, Design & Construction MCM 1, 2, 4-6
Leader: Kane Urdahl – Manager, Trades MCM 3-6
Leader: Jim Waterman – Manager, Landscape & Grounds MCM 3-6
Leader: Chris Catlett – Manager, Operations MCM 5-6
Leader: Jacob Mueller – Custodial Services Supervisor MCM 3, 5-6
Current operating funding is not a line item but included in the general campus maintenance operations
budget for Facilities Services. As allowable and necessary funds from Facilities Services General
Operating and the Engineering and Utilities Infrastructure budget are allocated to specific stormwater
improvement projects.
Fiscal Year 2022 Approved Budget (July 1, 2021 - June 30, 2022)
Resource Justification: Budget approval process completed June 29, 2019
Program Effectiveness: See SWMP Sections 2.0 - 8.0.
Resource Allocation Variation: None
Success Determination: See SWMP Sections 2.0 - 8.0.
Staff: 0.35 FTEs
Table 1.4.1: FY22 Budget Totals
Fiscal Year Budget
Operating $126,500
Capital -
Total Budget: $126,500
Fiscal Year 2023 Approved Budget (July 1, 2022 - June 30, 2023)
Resource Justification: Budget approval process completed June 29, 2019
Program Effectiveness: See SWMP Sections 2.0 - 8.0.
Resource Allocation Variation: None
Success Determination: See SWMP Sections 2.0 - 8.0.
Staff: 0.35 FTEs
Table 1.4.2: FY23 Budget Totals
Fiscal Year Budget
Operating $129,000
Capital -
Total Budget: $129,000
Fiscal Year 2024 Approved Budget (July 1, 2023 - June 30, 2024)
Resource Justification: Budget approval process completed June 29, 2019
Program Effectiveness: See SWMP Sections 2.0 - 8.0.
Resource Allocation Variation: None
Success Determination: See SWMP Sections 2.0 - 8.0.
Staff: 0.35 FTEs
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SECTION 1.0 - PROGRAM ADMINISTRATION 9
Table 1.4.3: FY24 Budget Totals
Fiscal Year Budget
Operating $129,000
Capital (Current and 2023 Carry-over) $180,000
Total Budget: $309,000
1.5 Stormwater Management Team
The MS4’s Stormwater Management Team is described in Graphic 1.5.1 and the following section. A
single point of contact links the organization charts.
SWMP Team: Meets weekly and is comprised of the following positions:
1. Stormwater Program Manager: SWMP Coordinator as referred to in the MS4 Permit and the
Enforcement Agent in Bozeman Municipal Code (BMC). Leads the SWMP Team, SWMP Subject
Matter Experts, and coordination with SWMP Support Divisions. The Program Manager develops
and manages the implementation of SWMP and MS4 Permit compliance activities, administers
environmental compliance programs, manages personnel, prepares budgets, develops policies,
coordinates infrastructure projects, and maintains the rate model. Primary permit
responsibilities include:
Program Administration (SWMP Section 1.0)
Capital Project Program (SWMP Section 2.0)
Public Education Program (SWMP Section 3.0)
Illicit Discharge Detection and Elimination Program (SWMP Section 4.0)
Construction Site Management Program (SWMP Section 5.0)
Post Construction Program (SWMP Section 6.0)
Good Housekeeping Program (SWMP Section 7.0)
Sampling and Evaluation Program (SWMP Section 8.0)
2. Stormwater Program Specialist: Develops and implements water quality monitoring, BMP
effectiveness research, and data analysis. Primary permit responsibilities include:
Public Education Program (SWMP Section 3.0)
Illicit Discharge Detection and Elimination Program (SWMP Section 4.0)
Good Housekeeping Program (SWMP Section 7.0)
Sampling and Evaluation Program (SWMP Section 8.0)
3. Stormwater Project Coordinator: Plans and manages stormwater conveyance, flood control, and
treatment capital projects, implements the City’s asset maintenance efforts, and regulates
drainage infrastructure. Primary permit responsibilities include:
Capital Project Program (SWMP Section 2.0)
Post Construction Program (SWMP Section 6.0)
Good Housekeeping Program (SWMP Section 7.0)
4. Two Stormwater Program Technicians: Perform permit reviews, site inspections, and reporting
tasks. They perform a majority of the field work associated with each MCM and assist in a
variety of other tasks. Primary permit responsibilities include:
Construction Site Management Program (SWMP Section 5.0)
123
Graphic 1.5.1: MSU Organizational Chart
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SECTION 1.0 - PROGRAM ADMINISTRATION 11
Graphic 1.5.2: City of Bozeman Organizational Chart
125
SWMP Subject Matter Experts (SME): Staff from these Divisions meet with the SWMP Team as necessary
to discuss programmatic issues and are comprised of the following positions:
1. Engineering Division: Team that reviews and regulates new and redevelopment projects utilizing
established engineering standards and Bozeman Municipal Code. The positions include the City
Engineer, Development Review Manager, and a variety of staff engineers. Primary permit
responsibilities include:
Post Construction Program (SWMP Section 6.0)
2. Operations and Maintenance: Team of five positions that operate and maintain the public storm
sewer network, including the inspection, maintenance, and repair of infrastructure. This group
also inspects underground pipes to identify illicit discharges and illegal connections. This team
includes a Superintendent, Assistant Superintendent, Foreman, and two Operators. Primary
permit responsibilities include:
Illicit Discharge Detection and Elimination Program (SWMP Section 4.0)
Good Housekeeping Program (SWMP Section 7.0)
3. Streets Division: Numerous positions that operate the City’s street sweeping, spring and fall
cleanups, and surface inlet grate obstruction removal and replacement activities. This team
includes a Superintendent, Assistant Superintendent, and numerous Operators. Primary permit
responsibilities include:
Good Housekeeping Program (SWMP Section 7.0)
SWMP Support Divisions: Group engaged by the SWMP Team as needs arise. Support Divisions do not
typically participate in reoccurring meetings unless invited to discuss a particular topic.
1.6 Sharing Responsibility
The City and University work collaboratively on various programs, outlined further in a Memorandum Of
Understanding (MOU), including:
Participation in regular meetings.
University payment of City stormwater fees, rate model update to occur during Q1 of each
calendar year and an updated total should be in place by July 1.
Performance tracking and reporting.
Infrastructure project development and implementation.
Inspection forms, training, methodologies, and program documentation sharing.
Pollution event response and resolution, as requested.
Stormwater treatment unit maintenance: The City measures and removes debris collected by
University stormwater mechanical treatment units and incorporates totals into SWMP Section
8.0 annually, including:
University Field House Downstream Defender Mechanical Separation Unit
11th and College Contech CDS Mechanical Separation Unit
Water Sampling and Analysis Program: The City manages the University’s portion of this
program, including purchasing equipment, collecting samples/data, and analyzing results for the
following:
Storm Event Monitoring
In-Stream Wet Weather Monitoring
Sediment Reduction Monitoring
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SECTION 1.0 - PROGRAM ADMINISTRATION 13
Long-Term Trend Monitoring
Post Construction Program: The City completes six high-priority stormwater facility inspections
on MSU property annually and provides completed reports.
The City provides the University an updated SWMP by February 1 of each calendar year.
1.7 Collaborative Organizations
The MS4 collaborates with a variety of organizations, including:
National Municipal Stormwater Alliance (NMSA): An organization formed in 2015 comprised of
stormwater industry professionals that provides a unified voice for national scale policy
changes, rules, issues, and initiatives.
Montana Department of Environmental Quality (MDEQ): A state agency that administers and
enforces the Montana Clean Water Act. MDEQ provides compliance training, conferences, and
enforcement in cases where the MS4’s resources become exhausted.
Gallatin Local Water Quality District (GLWQD): A Gallatin County public agency that conducts
water quality sampling and community education.
Montana State Extension Water Quality: A University Extension agency that provides water
quality sampling and community education.
Montana Water Environment Association (MWEA): A Montana organization that represents
water, wastewater, and stormwater professionals. MWEA is a member of the Water
Environment Federation (WEF), which has over 34,000 members worldwide. WEF is working to
raise knowledge regarding stormwater infrastructure, policy, and science at the national level.
Gallatin Watershed Council (GWC): An education-based nonprofit organization that works to
improve waterway health by implementing the Gallatin Watershed Restoration Plan.
1.8 Additional Regulatory Responsibilities
The following MPDES permits also fall under the purview of the MS4:
General Permit for Stormwater Discharges Associated with Construction Activity (MTR100000):
Construction projects that disturb one acre or more of land must obtain a stormwater discharge
authorization from the MDEQ. The MS4 implements a Construction Management Program
detailed in SWMP Section 5.0
Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity
(MTR000000) (MSGP): The MS4’s Landfill obtains authorization to discharge stormwater from its
facility. In 2022, the MS4’s Water Reclamation Facility (WRF) was granted and complies with an
MSGP “No Exposure Certification”. MS4 staff assists WRF and Landfill personnel with required
inspections, BMP development, training, reporting, and records keeping.
1.9 Annual Report
The MS4 submits individual Annual Report Forms, an updated SWMP, and relevant documents to the
MDEQ by March 1 of each year.
1.10 Public Comments
The MS4 actively solicits input and feedback from the public for incorporation into this SWMP, including
capital improvements described in Section 2.0 and the sampling plan described in Section 8.1, via a
public comment form on the MS4’s. Also, the MS4 publicly notices the SWMP after making annual
updates in the Bozeman Daily Chronicle on the second and third Saturdays of March during each
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SECTION 1.0 - PROGRAM ADMINISTRATION 14
calendar year. The MS4 considers and responds to all public comment related to the SWMP. The MS4
has received the following comments:
Table 1.10.1: Public Comments
# Date Topic Comment MS4 Response
1 5/23/2022 Water
Quality
Mr. Oliver, my name is Hunter, I go to
Bozeman Creative Center. I am in first
grade. I really care about rivers. I think
out city would be better if we kept our
rivers clean. I have some good ideas
about how we can do this! We can use
shovels and take the trash out. Then I
can play in the creeks without shoes on!
– Hunter
Public Works Division Operations Manager
responded after consulting with
Stormwater and Streets personnel.
Flooding is unavoidable due to clogged
inlets and plowing is difficult due to
parked cars. The City agreed to watch the
area and complete work as practicable.
2 10/8/2023 Water
Conservation
Storm water runoff is currently wasted
while a large portion of tap water is used
for landscaping each year. Is it possible
for future expansion/new builds to
require some sort of collection to
redisperse for lawn care?
3 2/21/2024
Water
Quality
&
Construction
This is Bill Kleindl from LRES, who teaches
water resources here on campus. As you
know, I have worked with the City of
Bozeman to help with their wetlands and
waterways sensitive areas over the last
several decades. I am currently under
contract with them for permit review and
code update work. This was an
extension of consulting work I conducted in Seattle prior to moving to Bozeman.
When I moved to Bozeman in the early
2000s, I was shocked at the general lack
of sediment and erosion control at
construction projects around the city, but
I was especially surprised at the general
lack of control at MSU projects. As you
know, there are many well-established
BMPs for S&E control for construction. I
understand that there may be a lack of
regulations that require these to be in
place for the city, but MSU could require
these for projects on campus. At a
minimum, it could be a learning
opportunity for civil students to explore
S&E control practices. Craig, I recognize
this is no longer your job now that you
have left the city, but perhaps you could
work with me to convince MSU facilities
to either implement or require the
contractors to place these controls on
their project at the new rec center. This
sediment likely drains to the 11th Street
Bill,
MSU is a co-permittee on the MS4 permit
with the City of Bozeman.
The Wellness project has a formal SWPPP
which includes sediment control. There is
a sediment sock in the drain as well as a
three chamber mechanical separator prior
to hitting the 11th and College structure (a
collaborative project between the City and
MSU). The project also submits
Stormwater reports on a bi-weekly basis
which I review bot in writing and on site
for accuracy/compliance.
Spring is a brutal season as issues pop up
quickly in freeze/thaw cycles. As you note
tracking of sediment is the primary
concern here. I have just finished walking
the site and had a brief conversation with
the contractor – formal report to them to
follow.
I would love the opportunity to talk
stormwater management with CE
students.
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SECTION 1.0 - PROGRAM ADMINISTRATION 15
storm sewer to the vortex weir at 11th
and College, then into Mandeville Creek.
E.J., I assume they are under contract to
control sediment? Thoughts? I look
forward to hearing from soon
4 2024 Education &
Engagement
Stormwater Facilities Plan Update
Comment:
There is a current lack of partnerships
with outside groups in developing and
implementing source reduction
education programs
SWMP Sec. 3.4.1 includes the
recommendations to partner with outside
groups to promote and implement the
Adopt a Drain program.
5 2024 Education &
Engagement
Stormwater Facilities Plan Update
Comment:
Provide education on the benefits of LID
projects.
SWMP Sec. 3.4.5 includes the
recommendations to promote the
benefits of LID on the Stormwater
Division’s website.
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SECTION 1.0 - PROGRAM ADMINISTRATION 16
Blank Page
130
Graphic 2.0.2: South Tracy Ave. Storm Sewer Pipe Replacement Section 2.0
Capital Project Program
Graphic 2.0.1: Stormwater Inlet Retrofit 131
SECTION 2.0 - CAPITAL PROJECT PROGRAM 2
Blank Page
132
SECTION 2.0 - CAPITAL PROJECT PROGRAM 3
Introduction
The MS4 strives to improve waterway health, protect public safety, and comply with its MS4 Permit by
implementing a Capital Project Program with the following goals:
Increasing storm sewer capacity;
Maintaining the integrity of underground pipes and surface conveyances;
Replacing and/or repairing failing infrastructure assets; and
Identifying BMPs addressing Total Maximum Daily Load (TMDL) MS4-related requirements.
SWMP Section 2.0 details the following components necessary to administer the MS4’s Capital Project
Program, including:
Capital Improvement Planning (2.2)
TMDL Action Plan (2.3)
Planned Projects (2.4)
Ongoing or Completed Projects (2.5)
Pollutant Reduction Totals (2.6)
Performance Measures (2.7)
Capital Improvement Planning
Each year, the City prepares a five-year Capital Improvement Plan (CIP) that outlines infrastructure
projects and other capital needs. A critical component of the CIP is the TMDL Action Plan, which
identifies measures and BMPs planned to address TMDL MS4-related requirements.
The CIP process is open for public comment, approved by the City Commission, and incorporated into
the applicable fiscal year’s budget. The City accounts for the following when preparing CIPs:
Urban waterway/watershed priority
Development and land use
Infrastructure condition analysis
Programmatic goals
Available budget
Project coordination with other stakeholders and utilities
$-
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
FY26 FY27 FY28 FY29 FY30
Fiscal Year 2026-2030 Stormwater Capital Expenditures Forecast
Stormwater Treatment Storm Sewer Rehabilitation Program
Equipment and Facilities 3% Growth
Graphic 2.2.1 – Capital Expenditures Forecast
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SECTION 2.0 - CAPITAL PROJECT PROGRAM 4
Total Maximum Daily Load Action Plan
In addition to adhering to the Minimum Control Measures, the MS4 implements specific projects to
address 303(d) listed water quality impairments to the maximum extent practicable. For purposes of this
permit term, the MS4 prioritizes the following waterways:
Bozeman Creek is the highest priority because of its total stormwater discharge points, known
impairments, and the fact that it is the only waterway with a non-zero MS4 Waste Load Allocation
(WLA). According to the TMDL, Total Suspended Solids (TSS) contributions from the MS4 to
Bozeman Creek require a 37% or 81 tons/year reduction.
Mandeville Creek is the second-highest priority waterway because of its total stormwater
discharge points, known impairments, shared responsibilities between co-permittees, and
degraded state.
Three other impaired waterways, the East Gallatin River, Bridger Creek, and Rocky Creek benefit
from the MS4’s broad programmatic efforts, such as community education, pollution event
response, and construction site management. Occasionally, a capital project will be sited in one
of these drainages in conjunction with a road reconstruction project or other capital project
already planned.
The MS4 targets pollutants of concern for its impaired waterbodies by taking the following project
identification and development strategy:
Mitigate significant impacts through industry-standard structural treatment technologies, such as
mechanical separation, confirmed to achieve 50% TSS removal through independent certification
programs. This allows the MS4 to instal effective and maintainable treatment systems near
stormwater discharge points that currently lack them.
Develop, implement, and maintain sustainable operation and education-based programs and
initiatives, such as street sweeping, infrastructure cleaning, and community outreach, that target
pollutants of concern.
Collect and analyze stormwater runoff, in-stream water quality, BMP effectiveness, and long-term
monitoring data using an array of industry-standard gages and equipment to plan future
investments and initiatives. This step allows the MS4 to monitor its pollutant reductions, impaired
waterbody improvement, and investment and conduct program self-evaluation (See SWMP Sec.
8).
Pollutant reduction projects, such as boulevard infiltration galleries, were verified to achieve
100% TSS removal by capturing and infiltrating the water quality event. This step allows the MS4
to fine-tune the stormwater system to optimize treatment in larger urban watersheds and treat
stormwater in smaller urban watersheds unsuitable for larger projects.
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SECTION 2.0 - CAPITAL PROJECT PROGRAM 5
Table 2.3.1: MS4 Waterbody TMDL Impairments
Total
Suspended
Solids
(TSS)
Total
Nitrogen
(TN)
Total
Phosphorus
(TP)
E.
coli Chlorophyll-a
Alteration in
stream-side or
littoral vegetative
cover
MS4
WLA/Load
Reduction
Bozeman Creek X X X X X TSS:
81 tons/year
Mandeville
Creek X X
Bridger Creek X X
East Gallatin
River X X
135
Planned Capital Improvement Projects
Prioritization of untreated sub-basins within the Bozeman Creek watershed has been incorporated into financial planning. The MS4 plans to
complete the following stormwater capital improvements to address TMDL Action Plan requirements:
River Health
1 Projects
Infrastructure Rehabilitation & Deferred Maintenance
3 Projects
Utility Administration and Operations
3 Projects
Graphic 2.4.1: Planned pollutant reduction projects
TYPE DETAIL FY25 FY26 FY27
1 River Health Project - Mechanical Stormwater Treatment Ph 4 (Peach St.) Design & Construction Water Quality 50% 280,000$ -$
2 Deferred Maintenance Project - Historic Pipe and Infrastructure Replacement Program Design & Construction Conveyance Rehabilitation 156,000$ 535,400$ 100,000$
3 Deferred Maintenance Project - Annual Unplanned Infrastructure Rehab Design & Construction Unplanned Projects 54,100$ 59,100$ 64,500$
4 Infrastructure Rehabilitation - Manley Ditch Construction Conveyance Rehabilitation 520,000$ -$ -$
5 Utility Operation Project - Pipe Inspection Van (#01) Equipment Replace 2001 Ford E350 TV Van 334,000$ -$ -$
6 Utility Operation Project - Vacuum and Jetting Truck (#01) Equipment 2015 Vactor, replace in FY26, 7 yr Lease (FY21)-650,000$ -$
7 Utility Administration Project - Administration Vehicle Equipment Replace Dakota with SUV/Light Truck --$ 48,000$
Total Expenditure By Fiscal Year 1,055,000$ 1,524,500$ 212,500$
Table 2.4.1: FY25-27 Pending and Planned Stormwater Capital Expenditures
PROJECT
136
River Health Project: Mechanical Stormwater Treatment (Phase 4)
ID: STRH02 (Phase 4)
Description: Installation of a stormwater treatment unit near the intersections of N. Rouse
Ave and E. Peach St.
Alternatives Considered: Staff has not identified an alternative treatment approach with
comparable maintenance ease, construction footprint, or pollutant removal efficiency.
Advantages of Approval: The unit will collect approximately four tons of pollutants annually
from 49 acres. This project addresses Bozeman Creek watershed Waste Load Allocation
(TSS) and is critical for the TMDL Action Plan.
Additional Operating Cost in the Future: Staff will complete maintenance semi-annually
using existing vacuuming equipment and drying beds. Debris will eventually be disposed of
at the landfill.
Infrastructure Rehab. & Deferred Maint.: Historic Pipe Replacement Program
ID: STDM04
Description: Rehabilitation of several 100-year-old vitrified clay storm sewers, which have
exceeded their life cycles, do not meet modern capacity standards, and include many
structural failures.
Alternatives Considered: The infrastructure is critical to the City’s storm sewer network.
Delays will increase the chances of collapse, road failure, and flooding.
Advantages of Approval: This preventative project targets pipes prone to failure and
surcharging. Rehabilitation will reduce risks by addressing structural and capacity
deficiencies.
Additional Operating Cost in the Future: Stormwater Personnel will complete maintenance
on a recurring schedule, including flushing, vacuuming, and inspection. Modern pipes in
good condition require less effort to maintain.
Infrastructure Rehab. & Deferred Maint.: Annual Unplanned Pipe Rehabilitation and Drainage
Projects
ID: STDM05
Description: An annual program funding the design and construction of unplanned pipe,
drainage, and treatment projects.
Alternatives Considered: Use of internal crews and equipment to complete work. Staff
determined that the workload required would reduce capacity applied towards critical
services.
Advantages of Approval: Unplanned funds allow staff to be responsive to essential needs,
increasing customer service, improving system efficiency, and reducing City liability.
Additional Operating Cost in the Future: Stormwater personnel will complete the
maintenance of rehabilitated, repaired, or new infrastructure concurrently with existing
public assets.
Co-Benefit(s): Improved public safety, enhanced water quality
Pipe Rehabilitation Program: Manley Ditch Rehabilitation
Purpose: Rehabilitate a historical irrigation drainage ditch and convey drainage from a 58-
acre urban area to the Cherry Creek Fishing Access property.
Type: Ditch rehabilitation, bio-retention treatment areas, and flood control weirs
Treatment Efficiency: n/a
Treatment Area: n/a
137
SECTION 2.0 - CAPITAL PROJECT PROGRAM 8
Discharge Location: Cherry Creek
Date of Completion: 2025
Co-Benefit(s): Improved public safety, enhanced water quality
Utility Operations: Pipe Inspection Van
ID: STOP04
Description: Replacement of the pipe inspection van purchased in 2001 and refurbished in
2015. The vehicle’s chassis is heavily worn, and the onboard computer system is aged. The
new truck should be delivered in February 2025.
Alternatives Considered: Continue using the existing vehicle, which could result in downtime
and increasingly costly maintenance.
Advantages of Approval: The vehicle facilitates the City’s pipe inspection program, which
identifies maintenance needs, locates structural deficiencies, and detects illegal
connections.
Additional Operating Cost in the Future: The Stormwater Division will fund operation and
maintenance costs.
Utility Operations: Vacuum and Jetting Truck (#01)
ID: STOP08
Description: Replacement of the division’s vacuum and jetting truck was purchased in 2015.
Alternatives Considered: Continue using the existing vehicle, resulting in downtime and
increasingly costly maintenance.
Advantages of Approval: The vehicle facilitates infrastructure maintenance, pollution event
cleanup, and vacuum excavation for pipe repairs.
Additional Operating Cost in the Future: The Stormwater Division will fund operation and
maintenance costs.
Utility Operations: Administration Staff Vehicle
ID: STOP03
Description: Replacement of the Division’s administration vehicle.
Alternatives Considered: Continue using the existing vehicle, resulting in downtime and
increasingly costly maintenance and limited transport ability.
Advantages of Approval: The vehicle facilitates efficient transport of staff and equipment
Additional Operating Cost in the Future: The Stormwater Division will fund operation and
maintenance costs.
Ongoing and/or Completed Projects
The MS4 has or is in the process of completing the following projects:
Utility Operations: Rate Model Study
Adequate rates will allow capital plan to keep up with growth, improve water quality, public
safety and maintain compliance with permits. The new model will make it easier for staff to
input needs and arrive at a consistent rate increase as needed to fund the utility.
Pipe Rehabilitation Program: Downtown Storm Sewer Replacement
Purpose: Rehabilitate two storm sewer mains: South Tracy Ave. and South Black Ave.
Type: Pipe Replacement Project
Discharge Location: Bozeman Creek
Date of Completion: Summer 2025. South Tracy is complete, South Black has not yet begun.
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SECTION 2.0 - CAPITAL PROJECT PROGRAM 9
Co-Benefit(s): Improved public safety, ease of maintenance
Utility Operations: Stormwater Facility Plan Update Phase 2
Purpose: The first phase of the facility plan was initiated in 2022. Results will better inform
the scope of the second phase and complete several recommendations based on modeling
and comparison to strategies and technologies used in other cities. The plan should be ready
for final review and adoption in the spring of 2025.
Date of Completion: Summer 2025
Utility Operations: Street Sweeper
Purpose: Street sweeping protects air and water quality and maintains permit standing for
the MS4. Removing sand reduces slip and skid hazards for motorists, bicyclists and
pedestrians during warmer months.
Date of Completion: Early 2025
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SECTION 2.0 - CAPITAL PROJECT PROGRAM 10
Graphic 2.5.1: Planned and completed pollutant reduction projects
140
SECTION 2.0 - CAPITAL PROJECT PROGRAM 11
Graphic 2.5.2: Planned and complete pipe rehabilitation projects
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SECTION 2.0 - CAPITAL PROJECT PROGRAM 12
Pollutant Reduction Totals
The MS4 evaluates the effectiveness of its TMDL Action Plan, storm sewer system maintenance, and
street sweeping programs by tracking the amount of sediment captured resulting from these efforts.
SWMP Section 8.6 describes methods used for determining treatment unit maintenance pollution
reduction totals. University Field House and College/11th mechanical separators are joint projects
between the City and MSU. Another joint mechanical separator or other water quality project is planned
for the east portion of MSU campus and surrounding City area as seen above in Graphic 2.5.1
Table 2.6.1: Treatment Unit Maintenance Pollution Reduction Totals
Watershed 2022 2023 2024 2025 2026
Bozeman Creek 43 Tons 73.4 Tons 69.9 - -
Mandeville Creek 6 Tons 6.2 Tons 5.4 - -
East Gallatin River 7 Tons 14.6 Tons 6.8 - -
Total: 56 Tons 94.2 Tons 82.1 Tons - -
Table 2.6.2: 2024 Treatment Unit Totals by Location
Bozeman Creek Drainage
Location Type Acres Tons Tons/Acre Comment
Main and N. 3rd Mech. Sep. 93 6.22 0.07 50% treated
Main and N. Grand Mech. Sep. 58 3.17 0.05 50% treated
Main and N. Tracy Mech. Sep. 32 9.29 0.29 50% treated
City Shops 1 Mech. Sep. 1 1.27 1.27 50% treated
N. Wallace and E.
Tamarack Mech. Sep. 81 5.57 0.07 50% treated
S. Rouse and E. Lincoln Mech. Sep. 32 5.02 0.16 50% treated
S. Rouse and E. Olive Mech. Sep. 9 6.04 0.67 50% treated
Perkins and E. Peach Mech. Sep. 23 3.29 0.14 50% treated
Main and N. Bozeman Mech. Sep. 25 7.60 0.30 50% treated
Main and N. Black Mech. Sep. 28 4.80 0.17 50% treated
Main and S. Church Mech. Sep. 26 4.56 0.18 50% treated
Mason and Tracy Infiltration 2 0.63 0.31 100% treated
N. Rouse and E. Mendenhall Mech. Sep. 3 1.37 0.46 50% treated
N. Rouse and E. Lamme (E) Mech. Sep. 3 0.32 0.11 50% treated
N. Rouse and E. Lamme
(W) Mech. Sep. 6 0.14 0.02 50% treated
N. Rouse and E. Peach Mech. Sep. 3 2.15 0.72 50% treated
N. Rouse and E. Tamarack Mech. Sep. 9 0.11 0.01 50% treated
N. Rouse and E. Birch Mech. Sep. 9 1.82 0.20 50% treated
Westridge Mech. Sep. 23 3.63 0.16 50% treated
City Shops 2 Infiltration 1 2.53 2.53 100% treated
Parking Garage Alley Mech. Sep. 1 0.47 0.47 50% treated
Total: 468 acres 69.99 tons 0.15 tons/ac
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SECTION 2.0 - CAPITAL PROJECT PROGRAM 13
Table 2.6.2: 2024 Treatment Unit Totals by Location
Mandeville Creek Drainage
Location Type Acres Tons Tons/Acre Comment
N. 11th and W. Lamme Mech. Sep. 7 0.86 0.123 50% treated
University Field House Mech. Sep. 6 0.84 0.141 50% treated
College and 11th Mech. Sep. 58 3.66 0.063 50% treated
Total: 71 acres 5.36 tons 0.08 tons/ac
East Gallatin River Drainage
Location Type Acres Tons Tons/Acre Comment
Bridger Center Dr (MDT) Mech. Sep. 12 1.04 0.09 50% treated
Griffin Dr at Rouse (MDT) Mech. Sep. 14 3.12 0.22 50% treated
Manley and Gallatin Park Mech. Sep. 3 0.32 0.11 50% treated
Plum and Avocado Infiltration 14 1.93 0.14 100% treated
Griffin 7th Mech. Sep. 12 0.36 0.03 50% treated
Total: 43 acres 6.76 0.12
Storm Sewer Maintenance: The MS4 determines tonnage totals by calculating the depth of debris
vacuumed out of manholes and inlets before cleaning. The MS4 multiplies the area of each asset’s
sump by an assumed 1/2 full depth measurement, multiplies the volume by the total assets
maintained for that year, and converts the volume to tons by using an assumed sand weight ratio of
.056 tons = 1 cubic foot. MSU assets are cleaned more frequently, so they accumulate less debris.
Calculated totals are compared to Logan Landfill weight scale tickets. Beginning in 2025, staff will
fine-tune calculations by separating treatment unit debris and implementing a more defined and
consistent debris hauling schedule.
Table 2.6.3: Storm Sewer Maintenance Pollution Reduction Totals (tons)
Entity 2022 2023 2024 2025 2026
City of Bozeman 118 139 147 - -
Montana State University 57 22 17 - -
Total: 175 161 164 - -
Street Sweeping: The Streets Division tracks actual tons of sweepings, leaves, branches, and other
debris removed from the public right-of-way. Focused campaigns that impact and benefit water
quality such as fall clean-up are included in these totals. The tonnage of debris is calculated by
summing the net weight of debris hauling tickets issued by the Logan Landfill.
Table 2.6.4: Street Debris Reduction Totals (tons)
Entity 2022 2023 2024 2025 2026
City of Bozeman 2,672 3,119 3,109 - -
Montana State University 205 234 127 - -
Total: 2,877 3,353 3236 - -
Currently, the Stormwater Division tracks tons of debris removed yearly. Numerous factors affect
variations in removal rates and yearly totals. The efficacy of treatment units (mechanical separators)
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SECTION 2.0 - CAPITAL PROJECT PROGRAM 14
varies depending on precipitation patterns, amount of traction sand application, timing of street
sweeping, and other factors.
Years in the CIP without water quality treatment projects allow the city to invest in updated pneumatic
vacuums and sewer monitoring equipment. These off years also allow time to determine the
effectiveness of recently installed BMPs and determine the location and design of new mechanical
separators in the Bozeman Creek watershed.
Performance Measures
The MS4 utilizes performance measures to evaluate programmatic strategies with the goal of optimizing
limited resources, increasing efficiencies, and balancing annual workloads.
Stormwater Report Card. See Section 8.0
Community Safety and Urban Flood Risk: Tracking mechanism utilized by the MS4 that provides
a consistent and communicable method for tracking community safety and urban flood risk. The
MS4’s target level of service is to have zero insurance claims filed annually as a result of public
storm sewer deficiencies. There have been no flood-related claims between 2018 and 2024.
The MS4 maintains the following performance metrics to track Capital Project Program progress and
identify future needs:
Pollutant Reduction Program: Comply with the MS4’s stormwater permit and improve water
quality by preventing the discharge of 81 tons per year of TSS.
Benefit: Reduced permit noncompliance risk, improved public safety, and a healthier
environment.
Driving Policy: Bronze Level of Service
Risk: Permit requirements subject to change
3000
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
0
20
40
60
80
100
120
140
160
180
2022 2023 2024 Street Sweeping -Tons CollectedTreatment Units and Storm System -Tons CollectedPermit Year
Pollution Collection Totals
Treatment Units Storm System Street Sweeping
Graphic 2.6.1: Pollutant Reduction Totals
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SECTION 2.0 - CAPITAL PROJECT PROGRAM 15
Table 2.7.1: Bozeman Creek Sediment Reduction
Type 2022 2023 2024 2025 2026
TSS removed (% of 81 tons) 43 Tons
53%
73 Tons
90%
70 Tons
86%
- -
Pipe Rehabilitation Program: Replace 13.9 miles of structurally deficient and undersized
historical storm sewer infrastructure throughout the downtown core.
Benefit: Reduced urban flooding and improved public safety
Driving Policy: Bronze Level of Service
Risk: Increasing construction costs
Table 2.7.2: Pipe Rehabilitation Program Performance
Type 2022 2023 2024 2025 2026
Miles completed (total) 5.2 5.3 5.5 - -
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SECTION 2.0 - CAPITAL PROJECT PROGRAM 16
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146
Section 3.0
Public Education Program
Graphic 3.0.2: Dog waste station with educational signage Graphic 3.0.1: Water Wise Bozeman 147
SECTION 3.0 - PUBLIC EDUCATION PROGRAM 2
Blank Page
148
SECTION 3.0 - PUBLIC EDUCATION PROGRAM 3
3.1 Introduction
The MS4 strives to improve waterway health, protect public safety, and comply with its MS4 Permit
through the education and involvement of the public by;
Determining key target audiences for stormwater education and outreach,
Identifying and developing outreach formats, messages, and distribution channels for each key
target audience, and
Implementing and tracking performance of public education and involvement efforts.
SWMP Section 3.0 details the following components necessary to administer the MS4’s Public Education
Program, including:
Key Target Audiences (3.2)
Passive and Active Engagement Strategies (3.3)
Current/Ongoing Initiatives (3.4)
Future Initiatives (3.5)
Completed Initiatives (3.6)
3.2 Key Target Audiences
The MS4 identifies the following key targets audiences since they are common sources of pollution, illicit
discharges, spills, dumping, or are owners of stormwater infrastructure requiring regular maintenance.
Residents
HOAs/Property Management Firms
Pet Owners
Students
Restaurants & Food Trucks
Construction Industry Professionals
3.3 Passive and Active Engagement Strategies
The MS4 educates key target audiences on stormwater-related issues to reduce their contribution of
pollutants to waterbodies using both passive and active engagement strategies. Passive engagement
includes creation and distribution of educational messages targeting pollutant-generating activities and
behaviors distributed via the following platforms:
Stormwater Division website
Brochures / flyers
Educational signage
Vehicle wraps
Active engagement includes customized interpersonal interactions targeting pollutant-generating
activities and behaviors distributed via the following activities:
Community meetings/presentations
Industry specific trainings
Clean-up events
Pet waste stations
Participation in community events
Adopt a Drain program
Student outreach
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SECTION 3.0 - PUBLIC EDUCATION PROGRAM 4
Table 3.3.1: Key Target Audiences
Key Target Audience Pollutant(s) Polluting
Behavior(s)
Engagement
Type
Engagement
Strategy
Residents
Nutrients, E.
coli, TSS,
Trash, Oils &
Greases
Yard
Maintenance
&
General
Awareness
Passive/Active SWMP Sec. 3.4
& Sec. 3.6
Construction Industry TSS, Oils &
Greases Construction Passive/Active SWMP Sec. 3.6
Students Nutrients, E.
coli, TSS
Education and
class projects Active SWMP Sec. 3.4
Home Owner
Associations (HOAs) /
Property Mgt. Firms
Nutrients,
E. coli, TSS
Post-
Construction
Facility
Maintenance
Passive/Active SWMP Sec. 3.4
Restaurants/Food
Trucks
Oils &
Greases
Waste Oil
Disposal Active SWMP Sec. 3.5
Pet Owners E. coli Dog waste Active/Passive SWMP Sec. 3.4
3.4 Current/Ongoing Engagement
The MS4 completes initiatives to engage, educate, and promote sustainable behavior of its key target
audiences. Ongoing initiatives include:
Adopt-a-Drain: A program that actively engages watershed champions, and provides a tool to
make a measurable difference in their neighborhoods by periodically cleaning debris from
adopted storm sewer inlets. The program also passively engages residents by creating an
environment where stormwater-related issues can be discussed and acted upon at a
neighborhood level, rather than the City acting as the sole information provider.
Key Target Audience: Residents
Engagement Type: Active
Performance Measure: Total Event Participants
Table 3.4.1: Adopt a Storm Drain Program Summary
Year Task Task
Outcome
Performance
Measure Notes
2019 Implement pilot
program Complete 11 Time intensive but effective program, 11
Residents cared for 21 inlets.
2020
Implement program,
retain majority of the
recruited residents,
explore expansion
Complete 12
Covid-19 affected ability to engage residents,
many participants started strong but tapered in
their efforts mid-year, 12 residents cared for 30
inlets.
2021
Maintain online portal,
retain majority of the
recruited residents,
develop expansion plan
Complete 12
Online registration and debris collection portal
resulted in a decrease of debris being reported.
Increase staff engagement with participants in
2022.
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SECTION 3.0 - PUBLIC EDUCATION PROGRAM 5
Table 3.4.1: Adopt a Storm Drain Program Summary
Year Task Task
Outcome
Performance
Measure Notes
2022
Maintain online portal,
retain majority of the
recruited residents,
develop expansion plan
Complete 15
Residents are not reporting debris totals on the
online portal. Increase advertising and switch to
in-person pick-up in 2023.
2023
Maintain online portal,
retain and recruit new members, implement
in-person debris pick-
ups.
Complete 23 Incorporate Adopt a Drain program into Water
Wise Bozeman project in 2024.
2024
Maintain online portal,
retain and recruit new
members.
Complete 44 Partner with outside group(s) to promote and
implement program.
Educational Stormwater Video: Seven-minute video that describes the MS4’s Program, the
context for why stormwater is important, and ways residents/property owners can make a
difference. Residents view the video on the City’s website.
Key Target Audience: Residents
Engagement Type: Passive
Performance Measure: Maintain video on website and use in Staff awareness training.
Table 3.4.2: Educational Stormwater Video Summary
Year Task Task Outcome Performance Measure Notes
2017 Maintain video Complete 179 Views 12 hours watch time, 4:02 average duration
2018 Maintain video Complete 502 Views 31 hours watch time, 3:42 average view duration
2019 Maintain video, add
to City Channel
Not
Complete 214 Views 14.1 hours watch time, 3:57 average view duration.
Video not added to City channel.
2020
Maintain video, add
to City Channel,
promote using
Facebook
Not
Complete 167 Views
Moved video to different viewing service in
September, shifted training platform that no longer
uses YouTube and results in views. Video not
added to City channel.
2021 Maintain video, add
to City Channel
Not
Complete Not Met Video has not been added to City Channel.
2022 Maintain video on
website Complete Met Video is maintained on website and used for Staff
awareness trainings.
2023
Maintain video on
website. Use video
for Staff awareness
training.
Complete Met Video is maintained on website.
2024
Maintain video on
website. Use video
for Staff awareness
training.
Complete Met Video is maintained on website.
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SECTION 3.0 - PUBLIC EDUCATION PROGRAM 6
Dog Waste Campaign: Campaign devoted to educating pet owners about the importance of dog
waste collection and disposal. The campaign includes the deployment and maintenance of
educational signage and dog waste stations in numerous parks and trail corridors.
Key Target Audience: Pet Owners
Engagement Type: Passive and Active
Performance Measure: Maintain current number of dog waste collection stations in City owned
parks, and include additional stations when a new park is added.
Table 3.4.3: Dog Waste Campaign Summary
Year Task Task
Outcome
Performance
Measure Notes
2017 Maintain stations Complete 178 Stations n/a
2018 Maintain stations Complete 178 Stations n/a
2019
Maintain stations,
add urban specific
signs in 4 locations
Complete 183 Station
n/a
2020 Maintain stations Complete 190 Stations n/a
2021 Maintain stations Complete 191 Stations n/a
2022 Maintain stations Complete 195 Stations n/a
2023 Maintain stations Complete 197 Stations n/a
2024 Maintain stations Complete 198 Stations n/a
Vehicle Decal Wraps: Educational signage installed on the MS4’s Vactor truck and street
sweeper that visually displays the connection between urban areas and waterways.
Key Target Audience: Residents
Engagement Type: Passive
Performance Measure: Stormwater operator hours
Table 3.4.4: Vehicle Decal Wrap Summary
Year Task Task
Outcome
Performance
Measure Notes
2017 Maintain decals Complete 4,300 hours -
2018 Maintain decals Complete 5,400 hours -
2019 Maintain decals Complete 4,100 hours Staffing shortages prevalent through 2019.
2020 Maintain decals Complete 3,400 hours Staffing shortages prevalent through 2020.
2021 Maintain decals Complete 3,600 hours Staffing shortages prevalent through 2021.
2022 Maintain decals Complete 3,900 hours
2023 Maintain decals Complete 3,800 hours
2024 Maintain decals Complete 3,900 hours
Website: Website that includes a variety of information, spanning from what stormwater is, how
to report a pollution event, construction stormwater permits, rate model information, post-
construction design standards, and more. Address:
www.bozeman.net/departments/utilities/stormwater
Key Target Audience: Residents, Construction Industry, and HOAs/Property Management Firms
Engagement Type: Passive
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SECTION 3.0 - PUBLIC EDUCATION PROGRAM 7
Performance Measure: Website Analytics
Table 3.4.5: Website Summary
Year Task Task
Outcome
Performance
Measure Notes
2017 Maintain website Complete 677 Views
2018 Maintain website Complete 1,225 Views
2019 Maintain website Complete 2,408 Views Most Visitations: Homepage, Construction, and
Contact Us
2020 Maintain website,
update periodically Complete 4,700 Views Most Visitations: Homepage, Construction, and
Contact Us
2021 Maintain website,
update periodically Complete 5,603 Views Most Visitations: Homepage, Construction, and
Contact Us
2022 Maintain website,
update periodically Complete 5,157 Views Most Visitations: Homepage, Construction, and
Contact Us
2023
Maintain an update
website with 2022
Annual Summary
Complete 8,542 Views Most Visitations: Homepage, Construction, and
Contact Us
2024 Maintain website,
update periodically Complete 8,700 Views
3,700 total users. 3,100 new users. 648 return
users. Include low impact development education
and promote future LID projects.
Gallatin Valley Earth Day: Information developed by the MS4 and applied in various settings
focused on providing general stormwater information and soliciting public participation.
Key Target Audience: Residents
Engagement Type: Active
Performance Measure: Total Event Participants
Table 3.4.6: Gallatin Valley Earth Day Summary
Year Task Task
Outcome
Performance
Measure Notes
2022 Host table Complete 250 Hosted table with Water Conservation
2023 Host table Complete 370 Implemented Adopt a Drain promotional program
to 26 residents.
2024 Host table Complete 1600 (Total
Attendance) 18 residents signed up for Adopt a Drain program.
Water Wise Kids: Class exercises taught by 5th-grade teachers in Bozeman School District (BSD)
classrooms, educating students on stormwater-related issues, utilizing customized, and location-
specific lesson plans and activities. The City’s Park’s Division also uses the lesson plans for their
summer camps.
Key Target Audience: Students
Engagement Type: Active
Performance Measure: Total Event Participants
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SECTION 3.0 - PUBLIC EDUCATION PROGRAM 8
Table 3.4.7: Water Wise Kids Summary
Year Task Task
Outcome
Performance
Measure Notes
2018 Coordinate Classroom
Use Complete 526 Students -
2019 Coordinate Classroom
and Camp Use
Not
Complete 0 Spent year incorporating into the BSD
curriculum.
2020 Coordinate Classroom
and Camp Use
Not
Complete 0 Program discontinued until Covid-19 regulations
lift.
2021
Contract with
Montana Outdoor
Science School
(MOSS) for program
implementation
Not
Complete 0 Plan to implement in 2022. Scope is on agenda
for City Commission approval on 1/25/2022.
2022
Contract with MOSS
for program
implementation
Complete 173 Students 10 classrooms at three schools participated
resulting in 173 students educated.
2023 Continue program
with MOSS Complete 500 students
Tentatively scheduled all BSD 5th grade classes in
2023.
2024 goal: Incorporate Adopt a Drain program
into each 5th grade class.
2024
Contract with
Mountain Goat
Instructional Design
for program
implementation
Complete 319 students
Mountain Goat Instructional Design is under
contract for program implementation for 2024 –
2025. Six out of nine schools visited.
Post-Construction Facility Maintenance : Tailored outreach that educates HOA Boards and
management representatives on the proper function and maintenance of stormwater basins.
The MS4 maintains a Post-Construction Program that includes processes and materials tailored
to this group described in SWMP Section 6.0.
Key Target Audience: Home Owner Associations (HOAs) / Property Mgt. Firms
Engagement Type: Active and Passive
Performance Measure: Number of HOAs educated and inspected and the Annual post-
construction audit score (see SWMP Section 6.5).
Table 3.4.8: Post-Construction Stormwater Program Summary
Year Task Task
Outcome
Performance
Measure Notes
2022
Educate Post-
Construction Facility
Owners
Complete 4 HOAs
3 Private 34 Total Facilities Inspected
2023
Educate Post-
Construction Facility
Owners
Complete 3 HOAs
52 Total Facilities Inspected
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SECTION 3.0 - PUBLIC EDUCATION PROGRAM 9
Table 3.4.8: Post-Construction Stormwater Program Summary
Year Task Task
Outcome
Performance
Measure Notes
2024
Educate Post-
Construction Facility
Owners
Complete 3 HOAs
Held two community engagement events for
HOAs / property management companies to
educate and gather input for the Stormwater
Facilities Plan Update
MSU Classes and Events: Classes, Capstone Projects, and Sustainability Summit Event, reach the
targeted student body with numerous stormwater topics and also involve a significant amount
of staff.
Key Target Audience: MSU Students
Engagement Type: Active and Passive
Performance Measure: Total Event Participants
Table 3.4.9: MSU Classes and Events
Year Task Task
Outcome
Performance
Measure Notes
2022 Capstone Complete 1 Map existing surface stormwater features - 1
faculty/staff
2023 Stormwater tour at
Sustainability Summit Complete 30 Participate in AdvoCat class - 1 faculty/staff
2 tours - public event - 15 participants
2023 Civil Engineering
Capstone Complete 23 Stormwater design for 'M' improvements - 8
faculty/staff/public
2023 Campus Clean Up Complete 100 MSU event - 100 faculty/staff
2023 Landscape design Complete 9 Landscape design including stormwater design -
2 faculty/staff
2023 ENV340 Complete 24 Review MS4 program and tour storm water
feature - 1 faculty/staff
2023 Sustainability class Complete 21 Review MS4 program and tour storm water
feature - 1 faculty/staff
2023 Turf grass Complete 17 Review turf selection and maintenance practices
impacting stormwater - 1 faculty/staff
2023 Woody plants Complete 27 Review plant selection and maintenance
practices impacting stormwater - 1 faculty/staff
2023 Landscape design Complete 14 Review MS4 program and tour storm water
feature - 2 faculty/staff
2024
Human Impacts on
Soil, Plants, and Water
in the Western U.S.
Complete 7
Field trip to water quality treatment BMPs and
LID throughout town. Discussed Lower Gallatin
TMDL, stream impairments, MS4 Permit
regulations, and common stormwater pollutants.
2024 Sustainability Summit
- Tours (2) Complete 23 Tour of the stormwater system and review of its
role in preserving water quality.
2024 HONR494 Complete 38 water bottle, College St redesign, Mandeville
Creek restoration
2024 Advocat Tour Complete 53 tour stormwater system and its role in preserving
water quality
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SECTION 3.0 - PUBLIC EDUCATION PROGRAM 10
2024 Campus clean up Complete 108 460 pounds of litter collected
2024 Sewer tour Complete 37 Tour and contrast sewer and storm systems
2024 LARC 202 Complete 17 Wally Byam design review
2024 Turf Class Complete 21 turf maintenance practices and impacts on
stormwater
2024 EGR class - storm
water tour Complete 23 Tour Stormwater infrastructure
2024 Landscape – Prof.
Woody’s Class Complete 20 Plant choice and maintenance effects on
stormwater management
2024 Sustainability Class Complete 18 Stormwater and its role in preserving water
quality
2024 LARC 331 - Landscape
Design Complete 11 Hannon Courtyard design
2024 Honors 494 Complete 21 Projects included M redesign, powwow event
improvements, 11th Street design, composting
Stormwater Facility Plan Update – Community Engagement: Host community meetings that
engage, update, and solicit feedback from identified stakeholders in development of the
Stormwater Facilities Plan Update as required by the Montana Land Use Planning Act.
Key Target Audience: Bozeman residents, Homeowner Associations (HOAs) / Property
Management Firms, Community Development Board, Sustainability Board, and Gallatin Water
Collaborative.
Engagement Type: Active
Performance Measure: Total Events
Table 3.4.10: 2025 Stormwater Facilities Plan Update Community Engagement
Year Task Task Outcome Performance Measure Notes
2024 Hold community
engagement events Complete 5 Additional events to gather additional
community input are planned for 2025.
Storm Drain Marking: Installing “No Dumping Drains to Creek” educational signage on select
storm drain inlets.
Key Target Audience: Residents
Engagement Type: Passive
Performance Measure: Total Distribution
Table 3.4.11: Storm Drain Marking
Year Task Task Outcome Performance Measure Notes
2024 Install storm drain
markers Complete 8
Most storm drains in the Bozeman Creek
watershed are marked. Install additional markers
as opportunity arises.
Used Cooking Oil Storage & Disposal: Coordinate with Water/Sewer Departments Fats, Oils, and
Greases (FOG) program to develop and distribute a business specific correspondence about
proper storage and disposal methods of used food cooking oil.
Key Target Audience: Restaurants & Food Trucks
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SECTION 3.0 - PUBLIC EDUCATION PROGRAM 11
Engagement Type: Passive
Performance Measure: Total Distribution
Table 3.4.12: Used Cooking Oil Storage & Disposal
Year Task Task
Outcome
Performance
Measure Notes
2024 Develop and
distribute FOG flyer Complete 56 n/a
3.5 Future Engagement Strategies
The MS4 will continue to implement all 12 current and on-going engagement strategies in 2025. No
additional community engagement strategies are planned.
3.6 Completed Engagement Strategies
1. Carpet Cleaning Targeted Outreach: Educate local carpet cleaning and restoration companies on
proper disposal methods and potential enforcement penalties for illicit discharges to the storm
sewer system.
Key Target Audience: Carpet Cleaning and Restoration Companies
Engagement Type: Active
Performance Measure: Illicit discharge reports related to targeted activities
Table 3.6.1: Carpet Cleaning Targeted Outreach Summary
Year Task Task
Outcome
Performance
Measure Notes
2018 n/a n/a 1 1 carpet cleaning company discharge.
2019 Distribute a letter to
owners Complete 0 Increased engagement yielded a good result.
2020 N/A Complete 0 -
2021 N/A Complete 0
Successful. No discharges documented since
2019. Outreach will not continue unless a
discharge is documented.
2. Adopt a Rain Garden: A program that actively engages watershed champions, and provides a tool
to make a measurable difference in their neighborhoods by periodically cleaning debris and
maintaining vegetation in adopted rain gardens. The program also passively engages residents by
creating an environment where stormwater-related issues can be discussed and acted upon at a
neighborhood level, rather than the City acting as the sole information provider.
Key Target Audience: Residents and businesses
Engagement Type: Active and Passive
Performance Measure: Adopt all rain gardens
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SECTION 3.0 - PUBLIC EDUCATION PROGRAM 12
Table 3.6.2: Adopt a Rain Garden Targeted Outreach Summary
Year Task Task
Outcome
Performance
Measure Notes
2021
Clean and dispose
debris from adopted
rain garden
Complete
1 Rain
Garden
Adopted
WGM Group employees adopted and cleaned
the Mason and Tracy infiltration boulevard.
2022
Clean and dispose
debris from adopted
rain garden
Not
Complete
1 Rain
Garden
Adopted
Rain garden is adopted but not maintained in
2022.
3. Lawn Care Targeted Outreach: Educate residents on best practices related to lawn mowing.
Key Target Audience: Residents
Engagement Type: Passive
Performance Measure: Total Distribution
Table 3.6.3: Lawn Care Targeted Outreach Summary
Year Task Task
Outcome
Performance
Measure Notes
2020 Distribute a mailer to
residents Complete Sent Fall
2020 First year tracking this metric.
2021 Distribute a Mailer Not
Complete Not Met Mailers planned for distribution in 2022
2022 Distribute Mailer Complete 16,000
Mailers
Partnered with Water Conservation Division
and mailers were delivered to 16,000 utility
accounts as a bill insert.
2023 Distribute Mailer Complete 16,000
Mailers
Partnered with Water Conservation Division
and mailers were delivered to 16,000 utility
accounts as a bill insert.
4. Construction Training: Trainings that educate contractors on proper selection and use of best
management practices (BMPs) and permit preparation. The MS4 holds training tailored to various
education levels, construction activities, and inspection procedures. Further, the MS4 maintains a
Construction Program that includes permits and materials for this group (SWMP Section 5.0).
Key Target Audience: Contractors Industry
Engagement Type: Active and Passive
Performance Measure: Number of industry professionals trained and annual construction-site
audit earned score (see SWMP Section 5.4)
Table 3.6.4: Construction Training
Year Task Task Outcome Performance
Measure Notes
2018 Hold trainings Complete 84 Trained
33% Audit Score Five construction training held.
2019 Hold trainings Complete 70 Trained
28% Audit Score Three construction training held.
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SECTION 3.0 - PUBLIC EDUCATION PROGRAM 13
2020 Hold trainings Not Complete N/A Scheduled classes cancelled due to Covid-19
meeting regulations.
2021 Hold trainings Not Complete N/A No trainings held due to Covid-19 meeting
regulations.
2022 Hold training Complete 26 Trained
69% Audit Score Three online construction trainings held.
2023 Hold training Complete 70 Trained
64% Audit Score One online and two in-person trainings held.
2024 Hold training Complete 18 Trained
64% Audit Score
Presentation at a SWPPP Administrator &
Preparer Certification.
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SECTION 3.0 - PUBLIC EDUCATION PROGRAM 14
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160
Section 4.0
Illicit Discharge Detection and Elimination Program
Graphic 4.0.2: Illicit connection confirmation Graphic 4.0.1: Bentonite slurry spill 161
SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 2
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 3
4.1 Introduction
The MS4 strives to improve waterway health, protect public safety, and comply with its MS4 Permit
through the identification and elimination of pollutant sources by:
Completing dry weather screening of outfalls;
Inspecting the storm sewer for illegal connections;
Responding to and resolving pollution events; and
Enforcing municipal ordinances prohibiting illegal dumping.
SWMP Section 4.0 details the following components necessary to administer the MS4’s Illicit Discharge
Detection and Elimination Program, including:
Regulatory Framework (4.2)
Illicit Discharge Detection and Corrective Action Plan (4.3)
Enforcement Response Plan (4.4)
Event Tracking (4.5)
Urban Camping Illicit Discharge Response (4.6)
Non-Stormwater Discharge Evaluation (4.7)
Outfall Reconnaissance Inventory (4.8)
Storm Sewer Infrastructure Viewer (4.9)
4.2 Regulatory Framework
Pursuant to §40.04.200 Bozeman Municipal Code (BMC), it shall be unlawful to discharge or cause to be
discharged into the MS4 any materials, including, but not limited to, pollutants or waters containing any
pollutants that cause or contribute to a violation of applicable water quality standards or that could
cause the city to be in violation of its MPDES. It shall be unlawful to store, handle, or apply any pollutant
in a manner that will cause exposure to rainfall or runoff and discharge to the MS4 and to state waters
or waters of the United States.
An interlocal agreement covers emergency response between MSU and the City. Hazardous materials
response services are provided to MSU by the City from Fire Station No. 2.
4.3 Illicit Discharge Detection and Corrective Action Plan
The MS4 uses the following Corrective Action Plan (CAP) to determine event priority, formulate a
response, and, if necessary, pursue enforcement:
Assign an Event Coordinator (EC).
Investigate to determine pollutant type and severity (site visit and correspondence). Methods
for investigation include:
Field observation (in person, CCTV, ORI).
Sampling and analysis (grab sample, turbidimeter, multi-parameter probe (pH and
temperature), and ammonia test strips).
Infrastructure analysis (GIS, plats, and record drawings).
Dye testing.
Correspondence with property owners.
Determine an event tier and response based on the following thresholds:
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Tier 1 Event: Minimal impact to public safety, infrastructure, and environment. Spills with a
major dimension less than six feet and non-continuous. Outfalls and illicit connections
deemed potential sources of pollution. Response includes:
Team: MS4 Staff and Code Compliance Officer
Timeline: Initiate response within five days
Resolution: MS4 Operations and/or contracted restoration firm.
Pollutant Disposal: Public, Sediment/Pollutant Disposal Facility. Private, Contracted
Hauler.
Report: Internal
Examples: Leaking vehicles and dripping dumpsters.
Tier 2 Event: Moderate impact to public safety, infrastructure, and environment. Spills with
a major dimension greater than six feet and non-continuous, or spills with a major
dimension greater than six feet, continuous, and contained. Outfalls and illicit connections
deemed suspect and obvious sources of pollution. Response includes:
Team: MS4 Staff, Code Compliance Officer, and Neighborhood Services Staff
Timeline: Initiate response within 24 hours
Resolution: MS4 Operations and/or contracted restoration firm.
Pollutant Disposal: Public, Sediment/Pollutant Disposal Facility. Private, Contracted
Hauler.
Report: Internal
Examples: Carpet cleaning process water discharge, sanitary overflow, camper waste
disposal, homeless camp cleanup, floor drain, illicit sanitary connections, and non-
hazardous chemical spills.
Tier 3 Event: Immediate threat to human health, infrastructure, and environment. Spills with
a major dimension greater than 6’, continuous, and not contained.
Team: MS4 Staff, Code Compliance Office, and Emergency Services
Timeline: Immediate
Resolution: Fire, MS4 Operations, and/or contracted restoration firm.
Pollutant Disposal: Public, Sediment/Pollutant Disposal Facility. Private, Contracted
Hauler.
Reporting: Internal and MDEQ Notification
Example: Hazardous spills
Eliminate discharge through various mitigation measures depending on event severity. Options
include:
Absorbent
Vaccum and disposal
Pipe plugs or seals
Decontamination
Enforcement
Infrastructure retrofit
If applicable, notify appropriate state and federal agencies.
Complete an Event Report
4.4 Enforcement Response Plan
Pursuant to §40.04.860 and §40.04.890 BMC, the MS4 has the authority to implement the following
Enforcement Response Plan (ERP) and use the following enforcement protocols for violations of BMC,
including:
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 5
Informal Response: Warning issued via email notification or verbal notice used for cases when
the responsible party unknowingly commits a violation of BMC. If not dealt with in an agreed
upon timeframe, or an agreement does not occur, the MS4 escalates to a Formal Response. The
MS4 handles most Tier 1 events under this category.
Formal Response: Notice of Violation and Cease and Desist Order using a set compliance
timeline and monetary penalties and/or remediation costs. The MS4 uses this approach in cases
when the responsible party knowingly violates BMC or has a record of non-compliance. The MS4
handles most Tier 2 and 3 events under this category.
Judicial Response: Civil penalties, injunctive relief, or criminal penalties using the Bozeman
Police Department, City Attorney, and Municipal Court. The MS4 uses this approach in cases
where the responsible party repeatedly and knowingly commits violations of BMC and fails to
remedy issues under a Formal Response.
City staff with enforcement authority: Stormwater Program Technician, Stormwater Program Specialist,
Stormwater Program Manager, Stormwater Project Coordinator have the authority to investigate events
as an EC; however, the the Stormwater Program Manager is the authorized Enforcement Agent and
determines the appropriate level of response. Neighborhood Services staff have enforcement authorty
to issue both civil and criminal penalties.
MSU Staff with enforcement authority: Project Managers specific to the project, Stormwater Leads,
have the authority to investigate events as an EC; however, the Primary Stormwater Lead (Director,
Facilities Services) is the authorized Enforcement Agent and makes determinations regarding penalties.
4.5 Event Tracking
2022 Events: 6
Tier 1 Event: Oliver St. Diesel Spill
Event ID: 202201
Location: See map 4.5.2
Pollutant: Diesel fuel
Significant: No, implementation of operational controls and rapid response by staff and
resident prevented the spill from entering the storm sewer.
Tier 2 Event: Yellowstone Pavement Solution
Event ID: 202202
Location: See map 4.5.2
Pollutant: Diesel fuel
Significant: Yes, undetermined amount of diesel fuel discharged to Mathew Bird Creek. Oil
sheen documented in Mathew Bird Creek. MDEQ notified.
Tier 1 Event: Tom’s Alignment Center
Event ID: 202203
Location: See map 4.5.2
Pollutant: Soaps, oils, greases, metals
Significant: No, implementation of operational controls and rapid response by staff
prevented a discharge to Bozeman Creek.
Tier 2 Event: Whistle Pig Korean
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 6
Event ID: 202204
Location: See map 4.5.2
Pollutant: Used cooking oil
Significant: No, implementation of operational controls and rapid response by staff
prevented a discharge to Bozeman Creek.
Tier 1 Event: Barnard Hall Temporary Chiller Glycol Spill (MSU)
Event ID: 202205
Location: See map 4.5.2
Pollutant: Glycol, less than 5 gallons
Significant: No, implementation of operational controls and rapid response by staff
prevented a discharge.
Tier 2 Event: Plant Bioscience Building Flood (MSU)
Event ID: 202206
Location: See map 4.5.2
Pollutant: Sediment, grease, hydraulic fluid
Significant: Yes, flow was significant enough to all bypass of downstream mechanical
separator. Undetermined amount of pollutants discharged into City of Bozeman storm
sewer via inlets located at College St. and 11th Ave.
2023 Events: 9
Tier 1 Event: Haggerty Lane Motor Oil
Event ID: 202301
Location: See map 4.5.2
Pollutant: Used motor oil
Significant: No, rapid response by staff and resident did not document impacts to storm
sewer or receiving waters.
Tier 1 Event: N. 5th Ave. Motor Oil
Event ID: 202302
Location: See map 4.5.2
Pollutant: Used motor oil
Significant: No, rapid response by staff prevented discharge to storm sewer.
Tier 2 Event: Barrett Concrete Cutting Hydraulic Oil
Event ID: 202303
Location: See map 4.5.2
Pollutant: Hydraulic oil and sediment
Significant: No, rapid response by staff and abatement by Barrett Concrete cutting
prevented discharge to the storm sewer.
Tier 1 Event: Sanders Oil Leak
Event ID: 202304
Location: See map 4.5.2
Pollutant: Used motor oil
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 7
Significant: No, rapid response by staff prevented discharge to storm sewer.
Tier 1 Event: Alderson St. Oil Spill
Event ID: 202305
Location: See map 4.5.2
Pollutant: Used motor oil
Significant: No, rapid response by staff prevented discharge to storm sewer.
Tier 1 Event: Darlington Dodge Transmission Fluid
Event ID: 202306
Location: See map 4.5.2
Pollutant: Transmission fluid
Significant: No, rapid response by staff prevented discharge to storm sewer.
Tier 2 Event: Five Guys Grease Trap Overflow
Event ID: 202307
Location: See map 4.5.2
Pollutant: Used cooking oil
Significant: No, rapid response by staff prevented discharge to storm sewer.
Tier 1 Event: MDT Chip Seal
Event ID: 202308
Location: See map 4.5.2
Pollutant: Gravel
Significant: No, response from contractor mitigated impacts to storm sewer. Minor amount
of gravel discharged to storm sewer.
Tier 2 Event: Willson CWO
Event ID: 202309
Location: See map 4.5.2
Pollutant: Concrete washout water
Significant: No, rapid response by staff and contractor/owner removed pollutant from
curbline and storm sewer inlet.
2024 Events: 13
Tier 2 Event: Galloway St. Sewage Dumping
Event ID: 202401
Location: See map 4.5.2
Pollutant: Sewage
Significant: Yes, undetermined amount of sewage discharged to storm sewer and unnamed
drainage ditch. Discharge ceased immediately upon discovery. Storm sewer flushed and
vacuumed on 2/23/2024. MDEQ notified. Misdemeanor citation issued.
Tier 2 Event: Wallace Hydraulic Line
Event ID: 202402
Location: See map 4.5.2
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 8
Pollutant: Hydraulic Fluid
Significant: Yes, 30 gallons of hydraulic fluid spread on 3 blocks of Wallace Ave. from Main
St. to Curtiss St. Rapid response by staff prevented discharge.
Tier 2 Event: N. 8th Ave. Sewage Discharge
Event ID: 202403
Location: See map 4.5.2
Pollutant: Sanitary Sewage
Significant: Yes, sanitary sewage discharged to storm sewer. Contractor cleaned all impacted
storm sewer components impacted by discharge.
Tier 2 Event: Cultivar St. Camper
Event ID: 202404
Location: See map 4.5.2
Pollutant: Sanitary Sewage
Significant: Yes, sanitary sewage discharged onto street. City staff cleaned street and
impacted storm sewer inlet.
Tier 2 Event: Max Ave. Camper
Event ID: 202405
Location: See map 4.5.2
Pollutant: Sanitary Sewage
Significant: Yes, sanitary sewage discharged onto street. Camper occupant cleaned spill from
street. No discharge to storm sewer.
Tier 2 Event: Rawhide Ridge Camper
Event ID: 202406
Location: See map 4.5.2
Pollutant: Sanitary Sewage
Significant: Yes, sanitary sewage discharged onto street. Camper occupant and city staff
cleaned spill from street. No discharge to storm sewer.
Tier 1 Event: 1104 S. Montana Ave. Roof Insultation
Event ID: 202407
Location: See map 4.5.2
Pollutant: Insulation
Significant: No, contractor cleaned up insulation. No discharge to storm sewer.
Tier 2 Event: 1104 S. Veronica Way Camper
Event ID: 202408
Location: See map 4.5.2
Pollutant: Sanitary Sewage
Significant: Yes, sanitary sewage discharged onto street. City staff cleaned spill from street
and storm sewer.
Tier 2 Event: Equestrian Ln. Camper Oil Spill
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 9
Event ID: 202409
Location: See map 4.5.2
Pollutant: Oil
Significant: Yes, oil spill onto city street. City staff cleaned spill from street. No discharge to
storm sewer.
Tier 1 Event: Bohart Ln. Trash
Event ID: 202410
Location: See map 4.5.2
Pollutant: Oil
Significant: Yes, trash scattered along and in Rocky Creek. City staff conducted an area clean
up on 11/13/2024.
Tier 2 Event: Tschache Ln. Camper
Event ID: 202411
Location: See map 4.5.2
Pollutant: Sanitary Sewage and Trash
Significant: Yes, sanitary sewage discharged onto street. City staff cleaned spill from street
and storm sewer.
Tier 2 Event: Rawhide Ridge and Max Ave. Camper
Event ID: 202412
Location: See map 4.5.2
Pollutant: Sanitary Sewage
Significant: Yes, sanitary sewage discharged onto street and curbline.
Tier 1 Event: MSU Facilities Yard – Temporary Fuel Tanks
Event ID: 202413 (MSU)
Location: See map 4.5.2
Pollutant: Diesel fuel
Significant: No, rapid response by staff prevented discharge to storm sewer.
Table 4.5.1: Illicit Discharge Events
Event Tier 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
Tier 1 4 6 2 3 8 3 6 3 - -
Tier 2 1 1 2 0 1 3 3 10 - -
Tier 3 0 0 0 0 0 0 0 0 - -
Total: 5 7 4 3 9 6 9 13 - -
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 10
Graphic 4.5.2: IDDE Event Locations Map.
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 11
4.6 Urban Camping Illicit Discharge Response
The City experienced a significant increase in Type 2 illicit discharges in 2024. This increase is attributed
to the City allocating more staff resources to mitigate impacts from urban encampments located in
public rights-of-ways. Stormwater staff coordinates with Neighborhood Services Division to implement
the IDDE enforcement response plan by conducting investigations, completing Event Reports, issuing
Notices of Violations, and pollution abatement. Neighborhood Services is responsible for issuing civil and
judicial penalties, and enforcement of the newly adopted Ordinance 2172.
4.7 2024 Non-Stormwater Discharge Evaluation
The MS4 evaluates the following non-stormwater discharges to identify if they are significant
contributors of pollution to waterways:
1. Water Line Flushing
Description: Hyper-chlorinated water resulting from Bac-T testing and disinfecting of new
water lines, containing around 100 times the concentration of chlorine in drinking water
Associated Pollutant(s): Chlorine
Local Control(s): Construction specifications requiring contractors to contain flush water
Risk: Medium, managed as Tier 2 illicit discharge
Illicit Discharges Reported: 0
2. Landscape Irrigation, Irrigation, Lawn Watering, and Potable Water
Description: Intermittent over-watering or faulty sprinklers
Associated Pollutant(s): Varied depending on the source (well, surface water, or potable
supply)
Local Control(s): Water Conservation irrigation system audits, design standards, and
outreach initiatives
Risk: Low, not managed as an illicit discharge
Illicit Discharges Reported: 0
3. Rising Groundwater, Springs, and Flows from Riparian Habitats
Description: Flows that enter the storm sewer system when ground and surface water levels
rise above the bottom elevation of the storm drain or conveyance.
Associated Pollutant(s): None
Local Control(s): Prohibition of new sump drains that discharge to a street or other public
right-of-way, a sanitary sewer line, or onto neighboring properties
Risk: Low, not managed as an illicit discharge
Illicit Discharges Reported: 0
4. Uncontaminated Groundwater Infiltration
Description: Water other than wastewater that enters a storm sewer system from the
ground through such means as defective pipes, pipe joints, connections, or utility holes
Associated Pollutant(s): None
Local Control(s): Inspection of storm sewer pipe annually, and defective pipe repair
Risk: Low, not managed as an illicit discharge
Illicit Discharges Reported: 0
5. Uncontaminated Pumped Groundwater
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 12
Description: Groundwater pumped into the storm sewer system for lowering subsurface
levels, particularly for construction
Associated Pollutant(s): None
Local Control(s): Discharge must originate from a well located in an undisturbed area, initial
turbid first flush contained on site, routed to avoid picking up pollutants before being
discharged. Other forms of groundwater dewatering must follow the MDEQ Construction
Dewatering Permit.
Risk: Low, not managed as an illicit discharge
Illicit Discharges Reported: 0
6. Foundation Drains, Crawl Space Pumps, and Footing Drains
Description: Groundwater pumped or diverted from building foundations to the MS4.
Associated Pollutant(s): None
Local Control(s): Prohibition of new sump drains that discharge to a street or other public
right-of-way, a sanitary sewer line, or onto neighboring properties
Risk: Low, not managed as an illicit discharge
Illicit Discharges Reported: 0
7. Air Conditioning Condensation
Description: HVAC and refrigeration condensation discharged to the MS4
Associated Pollutant(s): None
Local Control(s): Allowed
Risk: Low, not managed as an illicit discharge
Illicit Discharges Reported: 0
8. Swimming Pool and Hot Tub Drain Water
Description: Dumping of swimming pool and hot tub drain water into the MS4
Associated Pollutant(s): Chlorine
Local Control(s): Infiltration, discharge to sanitary sewer, or dechlorination
Risk: Medium, managed as Tier 2 illicit discharge
Illicit Discharges Reported: 1
9. Fire Hydrant Flushing
Description: Discharges resulting from regular fire hydrant flushing by MS4 operators. The
discharge is potable water.
Associated Pollutant(s): Chlorine
Local Control(s): Water and Sewer Division fire hydrant flushing process and/or
dechlorination
Risk: Low, not managed as an illicit discharge
Illicit Discharges Reported: 0
10. Non-Commercial, Individual Residential, and Charity Carwashes
Description: Wash-waters resulting from vehicle washing
Associated Pollutant(s): Soaps, oils, greases, metals, and sediment
Local Control(s): The City requires a public assembly permit for non-commercial and charity
car washes on public property. If deemed appropriate, the MS4 can utilize this process to
require specific controls.
Risk: Low, not managed as an illicit discharge
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Illicit Discharges Reported: 0
11. Street Wash Waters
Description: Water used to wash sidewalks, ADA pedestrian ramps, and streets
Associated Pollutant(s): Sediment, oils, greases, and metals
Local Control(s): Allowed, coordinated with vacuum truck if excessive pollutants are found
Risk: Low, not managed as an illicit discharge
Illicit Discharges Reported: 0
4.8 Outfall Reconnaissance Inventory (ORI)
Table 4.8.1: Receiving Waterways
# Waterway
Name
2021
Outfalls
2022
Outfalls
2023
Outfalls
2024
Outfalls TMDL Impairments MS4 Waste Load Allocation
1 Aajker Creek 5 5 5 5 No None None
2 Baxter Creek 17 17 19 19 No None None
3 Bozeman Creek 19 17 20 20 Yes
E. Coli, Nitrogen,
Sediment, Chlorophyll-a,
alteration in streamside
cover
Sediment:
81 tons/year
4 Bridger Creek 0 0 0 0 Yes
Chlorophyll-a and
Nitrate/Nitrite (Nitrite +
Nitrate as N)
None
5 Catron Creek 67 70 70 71 No None None
6 Cattail Creek 43 44 45 45 No None None
7 East Gallatin
River 12 12 12 12 Yes Total Nitrogen, Total
Phosphorous None
8 Farmers Canal 22 24 24 26 No None None
9 Figgins Creek 19 20 20 20 No None None
10 Flat Creek 5 7 7 7 No None None
11 Mandeville
Creek 33 34 36 36 Yes Total Nitrogen, Total
Phosphorous None
12 Matthew Bird
Creek 19 19 19 19 No None None
13 Maynard-
Border Ditch 13 13 13 13 No None None
14 Middle Creek
Ditch 20 22 22 23 No None None
15 Mill Ditch 0 0 0 0 No None None
16 Nash Spring
Creek 0 0 0 0 No None None
17 Rocky Creek 0 0 0 0 Yes
Alteration in Streamside Cover, Anthropogenic Substrate Alterations, Physical Substrate Alterations, Sediment
None
18 Story Ditch 10 10 10 10 No None None
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19 W. Gallatin
Canal 39 26 28 27 No None None
20 Unnamed 111 131 132 No None None
Totals 454 437 449 481 - - -
The City’s GIS inventory contains 704 total outfall features. However, many of these do not meet the
regulatory defination of “outfall”. The GIS outfall database contains an attribute field classifying each
feature’s terminus type as outfall, pipe end, sump pump, other, and unknown. Each feature is inspected
using the ORI Inspection Plan detailed in Graphic 4.8.2, and terminus type is confirmed and updated as
needed.
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Graphic 4.8.1: Storm sewer outfall map.
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 16
The MS4 prioritizes and inspect outfalls once during each MS4 Permit term using the Center for
Watershed Protection protocol, including:
Outfall Inventory: Desktop analysis to update existing and add new outfalls to the MS4’s
databases. The downhill end of each pipe that discharges to the surface is mapped as and
“outfall” even if it does not meet CWP outfall inspection criteria. The terminus type is
determined at the office. All are inspected regardless of terminus type, but tables in this section
only report efforts related to “outfall” terminus types.
Field Preparation: Staff utilizes waders, high visibility vest, measuring tape, multi-parameter
sensor (temp and pH), ammonia test strips, turbidimeter, sample bottles, field forms, clipboard,
camera, flashlight, legal pad, marker, pen, outfall maps, and nitrile gloves.
Develop Inspection Plan: The MS4 inspects pipe ends of all terminus types with a goal of 25%
completed per year. Planning includes using GIS software to identify clusters of outfalls along a
watercourse, property ownership, safety concerns, and accessibility to plan inspection routes.
ORI Inspection: The MS4 visits individual outfalls and completes the following workflow:
Graphic 4.8.2: ORI Inspection Plan
If applicable, implement Corrective Action Plan: The MS4 initiates a response as defined in
SWMP Section 4.3 for any outfall classified as potential, suspect, or obvious pollution source.
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 17
Outfall Attribute Update: Staff collects and updates the following outfall spatial attribute
information:
Ownership: City of Bozeman, MSU, MDT, Private, or Bozeman School District
Pipe Diameter
Pipe Material
Flow: No, Trickle, Moderate, or Substantial
Discharge Type: Direct or Indirect
Inspection Date
Terminus Type: Outfall, Pipe End, Sump Pump, Unknown, or Other
Outfall Characterization/Determination: Unlikely, Potential, Suspect, or Obvious
The MS4 inspects outfalls deemed a high-priority annually. The MS4 considers an outfall to be high-
priority if it meets the following criteria:
18” or more in diameter.
Drains an urban watershed area of 25 acres or more.
Dumps stormwater directly into an impaired receiving water (i.e., no stormwater basin).
Obvious or suspect outfalls classified through previous years’ ORI.
High-priority outfalls include:
Outfall ID: OF.G08.00035
Discharge Location: Overbrook Dr. and Langhor Ave.
Receiving Waterway: Figgins Creek
Size and Material: 30” RCP
Table 4.8.3: OF.G08.00035
Inspection Year Date Flow Characterization
2019 February 1, 2019 Yes, Trickle Unlikely, No Indicators
2020 October 7, 2020 Yes, Trickle Unlikely, No Indicators
2021 October 6, 2021 Yes, Trickle Unlikely, No Indicators
2022 August 13, 2022 Yes, Trickle Unlikely, One Indicator
2023 June 28, 2023 Yes, Moderate Unlikely, No Indicators
2024 July 5, 2024 Yes, Moderate Unlikely, No Indicators
Outfall ID: OF.F06.00090
Discharge Location: S. Bozeman Ave. and E. Cleveland St.
Receiving Waterway: Matthew Bird Creek
Size and Material: 20” Steel
Table 4.8.4: OF.F06.00090
Inspection Year Date Flow Characterization
2019 July 19, 2019 No Unlikely, No Indicators
2020 July 7, 2020 No Unlikely, No Indicators
2021 September 2, 2021 No Unlikely, No Indicators
2022 July 20, 2022 No Unlikely, No Indicators
2023 July 25, 2023 No Unlikely, No Indicators
2024 July 5, 2024 No Unlikely, No Indicators
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 18
Outfall ID: OF.F06.00089
Discharge Location: S. Black Ave. and W. Cleveland St.
Receiving Waterway: Matthew Bird Creek
Size and Material: 18” RCP
Table 4.8.5: OF.F06.00089
Inspection Year Date Flow Characterization
2019 July 19, 2019 No Unlikely, No Indicators
2020 July 7, 2020 No Unlikely, No Indicators
2021 September 2, 2021 No Unlikely, No Indicators
2022 July 20, 2022 No Unlikely, No Indicators
2023 August 25, 2023 No Unlikely, No Indicators
2024 July 5, 2024 No Unlikely, No Indicators
Outfall ID: OF.H05.00370
Discharge Location: N. 11th Ave. and W. College St.
Receiving Waterway: Mandeville Creek
Size and Material: 18” RCP
Table 4.8.6: OF.H05.00370
Inspection Year Date Flow Characterization
2019 July 19, 2019 Yes, Moderate Unlikely, No Indicators
2020 July 7, 2020 No Unlikely, No Indicators
2021 September 8, 2021 Yes, Substantial Unlikely, No Indicators
2022 November 21, 2022 Yes, Substantial Unlikely, No Indicators
2023 July 26, 2023 Yes, Substantial Unlikely, No Indicators
2024 July 5, 2024 Yes, Substantial Unlikely, No Indicators
Outfall ID: OF.H05.00384
Discharge Location: N. 11th Ave. and W. Koch St.
Receiving Waterway: Mandeville Creek
Size and Material: 12” RCP
Table 4.8.7: OF.H05.00384
Inspection Year Date Flow Characterization
2019 January 31, 2019 No Unlikely, No Indicators
2020 July 8, 2020 No Unlikely, No Indicators
2021 September 8, 2021 No Unlikely, No Indicators
2022 November 21, 2022 No Unlikely, No Indicators
2023 July 26, 2023 No Unlikely, No Indicators
2024 July 5, 2024 No Unlikely, No Indicators
Outfall ID: OF.F04.00441
Discharge Location: N. Rouse Ave. and E. Villard St.
Receiving Waterway: Bozeman Creek
Size and Material: 42” RCP (42” CMP replaced during Rouse Reconstruction in 2020)
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 19
Table 4.8.8: OF.F04.00441
Inspection Year Date Flow Characterization
2019 August 8, 2019 No Unlikely, No Indicators
2020 July 7, 2020 No Unlikely, No Indicators
2021 September 2, 2021 No Unlikely, No Indicators
2022 June 24, 2022 No Unlikely, No Indicators
2023 August 25, 2023 No Unlikely, No Indicators
2024 July 5, 2024 No Unlikely, No Indicators
Outfall ID: OF.G04.00398
Discharge Location: N. 9th Ave. and W. Villard St.
Receiving Waterway: Tributary SWWW_00053
Size and Material: 24” RCP
Table 4.8.9: OF.G04.00398
Inspection Year Date Flow Characterization
2019 January 19, 2019 No Unlikely, No Indicators
2020 July 8, 2020 No Unlikely, One Indicator
2021 September 2, 2021 No Unlikely, No Indicators
2022 August 3, 2022 No Unlikely, No Indicators
2023 July 19, 2023 No Unlikely, No Indicators
2024 July 13, 2024 No Unlikely, No Indicators
Outfall ID: OF.F03.00446
Discharge Location: N. Rouse Ave. and E. Peach St.
Receiving Waterway: Bozeman Creek
Size and Material: 43” RCP (Pipe upgraded from 27” RCP during Rouse Reconstruction)
Table 4.8.10: OF.F03.00446
Inspection Year Date Flow Characterization
2019 January 31, 2019 No Unlikely, No Indicators
2020 July 7, 2020 No Unlikely, No Indicators
2021 September 2, 2021 Yes, Moderate Unlikely, No Indicators
2022 August 3, 2022 Yes, Moderate Unlikely, No Indicators
2023 July 14, 2023 No Unlikely, No Indicators
2024 July 5, 2024 No Unlikely, No Indicators
Outfall ID: OF.E03.00450
Discharge Location: N. Rouse Ave. and E. Tamarack St.
Receiving Waterway: Bozeman Creek
Size and Material: 36” RCP
Table 4.8.11: OF.G03.00450
Inspection Year Date Flow Characterization
2019 January 31, 2019 No Unlikely, No Indicators
2020 July 7, 2020 No Unlikely, One Indicator
2021 September 2, 2021 No Unlikely, One Indicator
2022 August 3, 2022 No Unlikely, One Indicator
2023 August 25, 2023 No Unlikely, No Indicators
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 20
2024 July 5, 2024 No Unlikely, No Indicators
Outfall ID: OF.E03.00454
Discharge Location: N. Rouse Ave. and E. Tamarack St.
Receiving Waterway: Bozeman Creek
Size and Material: 30” RCP
Table 4.8.12: OF.E03.00454
Inspection Year Date Flow Characterization
2019 January 31, 2019 No Unlikely, No Indicators
2020 July 7, 2020 No Unlikely, No Indicators
2021 September 2, 2021 No Unlikely, No Indicators
2022 August 3, 2022 No Unlikely, No Indicators
2023 August 25, 2023 No Unlikely, No Indicators
2024 July 5, 2024 No Unlikely, No Indicators
The MS4 completed the following outfall inspections:
Table 4.8.13: Outfall Inspection Summary
ORI
Year Outfalls Outfalls Inspected High-Priority
Outfalls
High-Priority Outfalls
Inspected
2022 437
180
Flow: 167 No, 8 Trickle, 4 Moderate,
1 Substantial.
Pollution Characterization: 180
Unlikely.
10
10
Flow: 7 No, 1 Trickle, 1
Moderate, 1 Substantial
Pollution Characterization:
10 Unlikely
2023 449
206
Flow: 201 No, 2 Trickle, 2 Moderate,
1 Substantial.
Pollution Characterization: 206
Unlikely.
10
10
Flow: 8 No, 1 Moderate, 1
Substantial
Pollution Characterization:
10 Unlikely
2024 481
200
Flow: 190 No, 0 Trickle, 6 Moderate,
4 Substantial.
Pollution Characterization: 200
Unlikely.
10
10
Flow: 8 No, 1 Moderate, 1
Substantial
Pollution Characterization:
10 Unlikely
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 21
Graphic 4.8.14: High Priority Outfalls
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SECTION 4.0 – ILLICIT DISCHARGE DETECTION AND ELIMINATION PROGRAM 22
4.9 Storm Sewer Infrastructure Viewer
The MS4 collects and continually updates its storm sewer infrastructure map. When inaccuracies are
found on the MS4’s Infrastructure Viewer or observed in the field, Staff documents, field verifies, and
then sends to the GIS Department for correction. The public can view the MS4’s storm sewer system at:
https://gisweb.bozeman.net/Html5Viewer/?viewer=infrastructure.
Graphic 4.9.1: Bozeman Storm Sewer System Map
182
Section 5.0
Construction Site Management Program
Graphic 5.0.2: Inlet sump clogged with construction debris Graphic 5.0.1: Recently constructed and stabilized stormwater pond 183
SECTION 5.0 - CONSTRUCTION SITE MANAGEMENT PROGRAM 2
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SECTION 5.0 - CONSTRUCTION SITE MANAGEMENT PROGRAM 3
5.1 Introduction
The MS4 strives to improve waterway health, protect public safety, and comply with its MS4 Permit
through the regulation of construction sites by:
Providing educational opportunities;
Administering a permitting program;
Conducting site inspections; and
Enforcing municipal and state regulations.
SWMP Section 5.0 details the following components necessary to administer the MS4’s Construction
Site Management Program, including:
Regulatory Framework (5.2)
Construction Site Permitting Program (5.3)
Enforcement Response Plan (5.4)
SWPPP Site Prioritization and Inspection Frequency Protocol (5.5)
Construction Site Inventory (5.6)
Performance Tracking (5.7)
Program Documents (5.8)
5.2 Regulatory Framework
Pursuant to §40.04.350 Bozeman Municipal Code (BMC), the MS4 requires owners/operators of
construction sites to comply with the following regulations:
Article 4 Chapter 40 Bozeman Municipal Code (BMC);
75-5-101 Montana Code Annotated (MCA); and
17.30.1101, 17.30.1301 et seq., and 17.30.601 et seq. Administrative Rules of Montana (ARM).
5.3 Construction Site Permitting Program
Pursuant to §40.04.350 BMC, the MS4 requires owners/operators of construction sites to submit a
construction stormwater permit before receiving a Building Permit or Infrastructure Project Notice to
Proceed. Three permit types exist, including:
MDEQ General Permit for Stormwater Discharges Associated with Construction Activity
(Construction General Permit): The MS4 requires owners/operators to submit a MDEQ Notice of
Intent (NOI), Stormwater Pollution Prevention Plan (SWPPP), Authorization Letter, and site maps
for construction sites that meet the Eligibility Requirements of the most current Construction
General Permit. The MS4 completes one permit review for compliance with the most current
Construction General Permit. The MS4 provides the owner/operator a Permit Review Checklist
and Review Confirmation Letter. The MS4 does not confirm the owner/operator has corrected
deficiencies through multiple reviews. Instead, the MS4 reviews for compliance onsite during
Compliance Evaluation Inspections (CEI).
Construction Stormwater Permit: Sites Less than One (1) Acre: The MS4 requires
owners/operators to submit for construction sites with land disturbance greater than 10,000
square feet but less than one acre. The MS4 completes numerous completeness and adequacy
reviews of the owner/operator’s application and map and provides a Review Confirmation
Letter once deemed compliant with BMC.
Construction Stormwater Permit: Single-Family Residential Projects: The MS4 requires this
permit for individual single-family and multi-family construction sites which disturb less than
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SECTION 5.0 - CONSTRUCTION SITE MANAGEMENT PROGRAM 4
10,000 square feet. The MS4 completes numerous completeness and adequacy reviews of the
owner/operator’s application and provides a Review Confirmation Letter once deemed
compliant with BMC.
5.4 Enforcement Response Plan
The MS4 implements the following Construction Site Enforcement Response Plan (ERP) to ensure
compliant construction sites within its jurisdiction:
Graphic 5.4.1: ERP workflow
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SECTION 5.0 - CONSTRUCTION SITE MANAGEMENT PROGRAM 5
Inspection Type: Pursuant to §40.04.850.D BMC, the MS4 has the authority to complete CEIs at
construction sites to ensure compliance with BMC and the Construction General
Permit. Inspections may include: (1) Document review, including the site's NOI, SWPPP,
Authorization Letter, BMP specifications, site maps, self-inspection records, and (2) Site tour
identifying pollutant sources, inspection of implemented and maintained BMPs, and compliance
determinations with the BMC and Construction General Permit. Inspection types include:
Unannounced: CEI resulting from a complaint or field observation. See SWMP Section 5.4.2.
Announced: CEI resulting from reoccurring inspection efforts, which the MS4 prioritizes
based on site prioritization and complaints. See SWMP Section 5.4.2.
High priority / Wet weather inspections.
Occupancy / Infrastructure Approval.
Compliance Determination: Pursuant to §40.04.860 BMC, the MS4 has the authority to make
BMC and Construction General Permit compliance determinations, including:
Permit and/or Site is Complaint: No permit nor site non-compliance determinations issued.
Inspection closed.
Permit and/or Site is Not Complaint: Permit and/or site non-compliance determinations
issued. See SWMP Section 5.4.3.
Enforcement Response: The MS4’s enforcement response options, including:
Verbal Warning: An informal response used when the MS4 determines the BMC and
Construction General Permit non-compliance determinations are low-risk, and there are
reasonable grounds that the owner/operator will correct the issues. Verbal warnings take
the form of phone calls, emails, or in-person meetings. Inspection closed.
Site Inspection Form: An informal response by the MS4 to document BMC and Construction
General Permit non-compliance determinations. The MS4 emails or delivers the Site
Inspection Form to the site owner/operator. See SWMP Section 5.4.4.
Enforcement Action: Pursuant to §40.04.860 and §40.04.890 BMC, the MS4 has the authority to
require the owner/operator to comply with BMC and/or the Construction General Permit using
the following actions:
Follow-Up CEI: An informal action completed to ensure the site owner/operator corrects the
non-compliance determinations issued in the Site Inspection Form. A Follow-Up CEI can take
the form of a site visit, a conversation, or a review of submitted information. If so,
inspection closed. If not, See SWMP Section 5.4.4 – Notice of Violations.
Notice of Violations (NOV): A formal enforcement action taken when the site
owner/operator does not resolve the non-compliance determinations. A NOV includes
written violations of the BMC and the Construction General Permit, a Cease and Desist
Order/ Stop Work Order. Both Orders apply to the site activities resulting in the issued
violations and associated non-compliance determinations. NOVs require the site
owner/operator to submit a written response within a set timeframe, documenting that
they have resolved the violations and associated non-compliance determinations. Upon the
MS4’s review and approval of the written response, the inspection is closed. If existing non-
compliance determinations remain or additional areas of non-compliance are identified, see
SWMP Section 5.4.4 - Enforcement. In severe cases, the MS4 bypasses the Follow-Up CEI
and immediately issues an NOV.
Enforcement: A variety of formal penalties used by the MS4 when the site owner/operator
does not comply with the NOV’s requirements, including:
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SECTION 5.0 - CONSTRUCTION SITE MANAGEMENT PROGRAM 6
Building Permit Stop Work Order: Pursuant to §10.02.010.D, BMC, a Building Official
may issue an order requiring any site owner/operator to immediately stop all work of
any kind related to site’s Building Permit. Any person who continues work after having
been served with a Stop Work Order, except such work as that person is directed by the
City to perform to remove a violation or unsafe condition, shall be subject to the
misdemeanor penalty provision of §10.02.100 BMC. The issuance of a Stop Work Order
cancels any pending inspections.
Withholding Issuance of a Certificate of Occupancy: Pursuant to §10.02.010.C, BMC, a
Building Official of the City may withhold the issuance of a certificate of occupancy
when the available evidence shows the structure and associated development does not
conform with the standards of Chapter 40 BMC, a permit issued pursuant to Chapter 40
BMC, or has failed to pay costs of the abatement of stormwater violations as may be
ordered by the City.
Misdemeanor Criminal Charge and Prosecution (Judicial): Pursuant to §40.04.910 BMC,
any person, firm or corporation, their agents or servants who violate any provision or
requirement of Chapter 40 BMC or of a permit issued shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished by a fine not exceeding $500.00 and
in addition shall pay all costs and expenses of the case. A separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
Additional ERP Information:
Elimination and Abatement of Illegal Construction Discharges: The MS4 uses the ERP to identify
and resolve violations of BMC and/or the Construction General Permit.
Staff with Enforcement Authority: Stormwater Program Technician, Stormwater Program
Specialist, Stormwater Program Project Coordinator, Stormwater Program Manager have the
authority to issue non-compliance determinations. The Stormwater Manager is the authorized
Enforcement Agent and makes determinations regarding enforcement penalties.
Enforcement Action Available, Escalation Process, and Schedule: The MS4’s ERP is flexible and
includes escalation protocols based on a owner/operator’s response, while also providing
options for immediate action when the Enforcement Agent identifies severe violations of BMC
and/or the Construction General Permit. The MS4's ERP schedule is based on the Enforcement
Agent's determination of risk (weather, capacity, waterway proximity, site size, pollutant source
scale and severity, owner/operator compliance history, etc.). ERP implementation ranges from
immediate action to a timeframe extending a week or more. A typical Follow-Up CEI occurs
within five days. An NOV standard response timeframe is 10 days.
Abate Damages and Prevent Recurrence: Upon the conclusion of the NOV via the Closure Letter
issuance, the MS4 maintains the authority to enact immediate enforcement action, as detailed
in SWMP Section 5.4.4 - Enforcement upon the identification of any repeat violations.
5.5 SWPPP Site Prioritization and Inspection Frequency Protocol:
The MS4 uses the following Construction Site Scoring Matrix to determine a site’s priority level.
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SECTION 5.0 - CONSTRUCTION SITE MANAGEMENT PROGRAM 7
Table 5.5.1: Construction Site Scoring Matrix
Criteria 3-Points 2-Points 1-Point
Site Size (Acres) > 10-Acres 5 - 10 Acres < 5-Acre
Proximity to Waterbody < 1,000 ft > 1,000 or < 2,000 ft > 2,000 ft
Site Steepness per SWPPP Yes - No
Bozeman Creek Watershed Yes - No
Permit Review Checklist Score > 50 25 - 50 < 25
Once priority is determined, the MS4 completes inspections per the frequencies outlined below.
High-Priority Construction Sites (Over 10 Points):
Once at construction commencement.
After every .25” rain event. The MS4 interprets this standard to mean any continuous rain
event that occurs within a 24-hour timeframe and uses the Bozeman International Airport
NOAA Rain Gage.
After every snow melt event resulting in visible erosion.
Once at the conclusion of the project.
Medium-Priority Construction Sites (5 - 10 Points):
As needed basis per complaints and field observations.
Low-Priority Construction Sites (Below 5 Points):
As needed basis per complaints and field observations.
Less than One Acre Construction Sites.
Single-Family Residential Construction Sites.
Routine Inspection Frequency Protocol – The City develops an annual inspection plan to prioritize CEIs
for all active construction sites, not deemed high-priority, regardless of permit coverage type. The
inspection plan prioritizes CEIs based on complaints, field observations, and compliance history.
5.6 Construction Site Inventory
The MS4 maintains a construction site inventory which includes the following:
Single Family Residential Permits and Inspection,
Less than One Acre Permits and Inspections, and
Greater than One Acre Permits and Inspections.
MSU Construction Site Inventory Summary
In 2024, MSU managed nine (9) one acre or larger construction projects and five (5) projects less than
one acre, which have the potential to influence stormwater quantity and quality. Those projects include:
Applied Research Lab: Active, planned completion 2025 (Over One Acre)
Indoor Athletic Facility: Active, planned completion 2025 (Over One Acre)
College of Nursing / Jones Hall: Active, planned completion 2026 (Over One Acre)
Gianforte Hall: Active, planned completion 2026 (Over One Acre)
Grant Street Phase 1: Completed 2024 (Over One Acre)
Fire Station #2: Completed summer 2024 (Over One Acre)
7th Avenue Utility Tunnel: Completed summer 2024 (Over One Acre)
Wellness Center: Completed fall 2024 (Over One Acre)
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SECTION 5.0 - CONSTRUCTION SITE MANAGEMENT PROGRAM 8
Football Stadium Parking Lots: Completed 2024 (Over One Acre)
VIM Hotel / NWEnergy: Completed 2024 (Under One Acre)
Indoor Athletic Facility: Completed 2024 (Under One Acre)
Grant Street Phase 1: Completed 2024 (Under One Acre)
Grant Street Phase 2: Active, planned completion 2025 (Under One Acre)
Fire Hydrant Replacement: Active, planned completion 2025 (Under One Acre)
The following tables contain an inventory of construction site permits and inspections for the current
permit cycle:
Table 5.6.1: Permit Type Inventory
Permit Type 2022 2023 2024 2025 2026
City Single-Family Residential Received 161 143 110
City Less than One Acre Received 29 30 25
City Greater than One Acre Received 35 28 15
MSU Greater than One Acre Total 4 4 9
Table 5.6.2: Inpsection Count * Totals represent new permits/year and does not include return visits or final occupancy inspections. High-priority inspections count as one
inspection.
Inspection Type 2022 2023 2024 2025 2026
City Single Family Residential Inspections 10 9 5
City Single Family Residential Percentage (%) 6% 6% 5%
City Less than One Acre Inspections 3 16 2
City Less than One Acre Percentage (%) 10% 53% 8%
Table 5.6.3: Inpsection Type Inventory * Totals represent new permits/year and do not include return visits or final occupancy inspections. High-priority inspections count as one inspection.
Inspection Type 2022 2023 2024 2025 2026
City Greater than One Acre Inspections 27 49 31
City Greater than One Acre Percentage (%) 77% 175% 207%
MSU Greater than One Acre Total 6 7 5
MSU Greater than One Acre Percentage (%) >100% >100% >100% >100% -
City Greater than One Acre Percentage (%) totals are over 100% due to active construction projects
spanning multiple years and subject to inspection in multiple years. The City Greater than One Acre
percentage is calculated by dividing the number of current year inspections by current year permits
received.
Ex: 2024 Greater than One Acre inspections completed = 31. 2024 Greater than One Acre permits
received = 15.
(31 ÷ 15) x 100 = 207%
Return visits, sites inspected multiple times per year, and occupancy inspections are not included in the
City of Bozeman totals. Permit type inventory totals only count projects the year they begin. MSU
inspection percentage above 100 is due to inspecting each project more than one time.
Current High-Priority Construction Sites:
OAC20-042 Allision Subdivision: Forty-eight acre site within the Bozeman Creek watershed. The
site includes the installation of a subdivision, including utilities, roads, and structures.
Points: 12
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SECTION 5.0 - CONSTRUCTION SITE MANAGEMENT PROGRAM 9
Permit Confirmation: December 17, 2020
Initial Inspection: January 12, 2021
Precipitation Triggered Inspections:
2021: Nine (9) Inspections
2022: Six (6) Inspections
2023: Ten (10) Inspections
2024: Eight (8) Inspections
Final Inspection: TBD
OAC21-021 Blackwood Groves: Twenty seven acre site within the Bozeman Creek watershed.
The site includes the installation of a subdivision, including utilities, roads, and structures.
Points: 12
Permit Confirmation: July 20, 2021
Initial Inspection: August 9, 2021
Precipitation Triggered Inspections:
2021: Three (3) Inspections
2022: Five (5) Inspections
2023: Five (5) Inspections
2024: Six (6) Inspections
Final Inspection: TBD
OAC21-035 North Park Development: Fifteen-acre site within the Mandeville Creek watershed.
The site includes the installation of a subdivision, including utilities, roads, and structures.
Points: 11
Permit Confirmation: December 20, 2021
Initial Inspection: May 19, 2021
Precipitation Triggered Inspections:
2022: Six (6) Inspections
2023: Eight (8) Inspections
2024: Eight (8) Inspections
Final Inspection: October 17, 2024
OAC22-015 North Park – MRL Right of Way: Thirty-six-acre site within the Mandeville Creek
watershed. The site includes the installation of a new railroad track infrastructure.
Points: 11
Permit Confirmation: May 18, 2022
Initial Inspection: June 23, 2022
Precipitation Triggered Inspections:
2022: Five (5) Inspections
2023: Eight (8) Inspections
2024: Seven (7) Inspections
Final Inspection: TBD
Completed High-Priority Construction Sites:
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SECTION 5.0 - CONSTRUCTION SITE MANAGEMENT PROGRAM 10
OAC19-0001 16 Willson Residential Development: One acre site within the Bozeman Creek
watershed. The site includes the demolition of existing structures and construction of numerous
row houses.
Project Inspection Timeframe: May 2019 – June 2022
Total Inspections: 21
OAC19-0026 Bozeman Public Safety Center: Eight-acre site within the Bozeman Creek
watershed. The site includes the demolition of existing structures and construction of
commercial building.
Project Inspection Timeframe: August 2019 – August 2022
Total Inspections: 24
5.7 Performance Tracking
The MS4 completes a Construction Site Compliance Audit in the fall, evaluating 50 random construction
sites to determine their compliance with the BMC and Construction General Permit. The MS4 evaluates
each construction site and then assigns points using the following criteria:
0-Points: No BMPs. Not compliant with permit, high risk to infrastructure, public, and
environment 1-Point: Some BMPS installed or BMPs installed but not maintained. Partially compliant with
permit, moderate risk to infrastructure, public, and environment
2-Points: BMP installed and maintained. Compliant with permit, low risk to infrastructure,
public, and environment
The MS4 compiles the collected data and updates the following:
Table 5.7.1: Construction Site Compliance Audit Scores
Audit
Year Audit Dates Compliance
Trend
Total
Points
Earned
Score
OAC
Average
UAC
Average
SFR
Average
2018 October 24 - 26 n/a 33/100 33% 33% 37% 31%
2019 October 14 - 16 Decreasing 28/100 28% 28% 29% 28%
2020 November 6 - 13 Increasing 34/100 34% 67% 21% 27%
2021 November 19 – 22 Increasing 37/100 38% 65% 50% 24%
2022 October 4, 5, 13, 12 Increasing 69/100 69% 60% 73% 71%
2023 October 16 - 24 No Change 64/100 64% 64% 77% 60%
2024 October 15 & 16 No Change 64/100 64% 75% 75% 55%
2018 Discussion:
Increased BMP use but many not adequately maintained.
Noncompliance was mostly contained within private sites.
Increased inspection frequency is effective at increasing compliance rates.
2019 Discussion:
Compliance degrades back to pre-inspection levels after inspections.
Permit applicant does not always communicate the requirements to onsite workers.
64% of commercial and infrastructure sites yielded a score with moderate or low risk.
44% of residential sites yielded a score with moderate or low risk.
Only three sites fully complied with regulations.
Increase inspection frequency to ensure compliance throughout project life.
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SECTION 5.0 - CONSTRUCTION SITE MANAGEMENT PROGRAM 11
Inspect sites proportional to ratios (i.e. residential/commercial/infrastructure).
Apply more emphasis on installation, maintenance, and records during inspections.
2020 Discussion:
Multiple SWPPP reviews for a respective project do not result in elevated onsite compliance.
Inspection time and constant presence equates to improved compliance onsite.
The City’s consulting engineer should create SWPPPs for public projects, not the contractor.
More emphasis required on installation, maintenance, and records during inspections.
2021 Discussion:
Single review for a respective OAC permit did not result in a decrease of onsite compliance.
Recently inspected sites had higher instances of onsite compliance.
OAC site inspection emphasis resulted in a similar compliance score from the previous year.
Low SFR inspection rate resulted in similar compliance score from previous year.
2022 Discussion:
All three permit types showed similar compliance scores in 2022.
OAC site inspection emphasis resulted in a higher compliance score from the previous year.
2023 Discussion:
All three permit types showed similar compliance scores.
Grading criteria described more objectively.
Increased inspections due to being fully staffed leads to increased compliance rates in the
long run.
Construction audit completed after rain event potentially decreasing overall site scores.
2024 Discussion
A decrease in the amount of Single-Family Residential inspections occurred in 2024. This
decrease was a result of a high percentage of SFR sites located within projects with existing
MDEQ Construction General Permit coverage. Individual SFR inspections were evaluated as
part of the larger common plan of development.
Shifting the inspection priority to target more problematic sites instead of broad sweeping
random inspections allowed Technicians to focus on sites that were not in compliance.
Return visits to problematic sites accounted for more inspections, which lowered the
amount of total sites visited while maintaining the highest compliance.
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SECTION 5.0 - CONSTRUCTION SITE MANAGEMENT PROGRAM 12
5.8 Program Documents
Single-Family Residential Sites:
Construction Stormwater Permit: Single-Family Residential Projects
SFR Permit Review Checklist
Construction Stormwater Permit Confirmation
SFR and UAC Site Inspection Form
Notice of Violations/Cease and Desist Order
Stop Work Order
Less than One Acre Sites:
Construction Stormwater Permit: Sites Less than One Acre
UAC Permit Review Checklist
Construction Stormwater Permit Confirmation
SFR and UAC Site Inspection Form
Notice of Violations/Cease and Desist Order
Stop Work Order
Greater than One Acre Sites:
MDEQ Construction General Permit
MDEQ Construction General Permit Authorization Letter
MDEQ Construction General Permit Notice of Intent (NOI)
MDEQ Construction Stormwater Pollution Prevention Plan (SWPPP)
MDEQ Construction Stormwater Permit Notice of Termination
MDEQ Construction Stormwater Permit Transfer Notification
OAC Permit Review Checklist
33%28%
34%37%
69%64%64%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2018 2019 2020 2021 2022 2023 2024% Compliance/Earned ScoreCalendar Year
Construction Site Compliance Audit Scores
Average
SFR
UAC
OAC
Graphic 5.7.2: Construction Compliance Audit Scores
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SECTION 5.0 - CONSTRUCTION SITE MANAGEMENT PROGRAM 13
OAC Site Inspection Form
Notice of Violations/Cease and Desist Order
Stop Work Order
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SECTION 5.0 - CONSTRUCTION SITE MANAGEMENT PROGRAM 14
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196
Section 6.0
Post-Construction Program
Graphic 6.0.2: Restored stormwater basin.
Graphic 6.0.1: Sediment filled stormwater basin during maintenance.
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 2
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 3
6.1 Introduction
The City of Bozeman (MS4) Post-Construction Program strives to improve waterway health, protect
public safety, and comply with the MS4 Permit by the regulation and oversight of existing and new
structural Best Management Practices (BMPs) in the following ways:
Enforcement of water quality and flood control standards on new and redevelopment projects
Inspections of structural BMPs, namely post-construction stormwater detention and retention
facilities
SWMP Section 6.0 details the components necessary to administer the MS4’s Post-Construction
Management Program, including:
Regulatory Framework and Applicable Documents (6.2)
Development Review (6.3)
Structural BMP Inventory (6.4)
Inspection Program (6.5)
High-Priority Structural BMPs (6.6)
Enforcement Response Plan (6.7)
Performance Tracking (6.8)
Ongoing and Future Initiatives (6.9)
6.2 Regulatory Framework and Applicable Documents
The MS4 requires new and redevelopment projects over one acre to submit a site plan showing post-
construction facilities designed to infiltrate, evapotranspire, and/or capture for reuse the runoff
generated from the first 0.5 inches of rainfall from a 24-hour storm preceded by 48 hours of no
measurable precipitation. Additionally, the MS4 requires new and redevelopment projects under one
acre to meet this standard when practicable. This reduces peak runoff and helps protect waterways,
property, and human health.
The MS4 also requires developers to abide by administrative BMPs, including zoning and land planning,
wetland regulations, watercourse setbacks, and open space standards. Various governing documents
contain standards, policies, and regulations related to structural and administrative BMPs for new and
redevelopment, including:
City of Bozeman Design Standards and Specification Policy – 2020
City of Bozeman Modifications to Montana Public Works Standard Specifications - 6th Edition
Montana Public Works Standard Specifications - 6th Edition
Bozeman Municipal Code (BMC)
Parks, Recreation & Active Transportation Plan – 2023
Gallatin Valley Sensitive Lands Protection Plan – 2023
Montana Post-Construction Storm Water BMP Design Guidance Manual – 2017
City of Bozeman Stormwater Facilities Plan – 2008 (2025 update pending)
6.3 Development Review
The MS4 completes development reviews related to structural and administrative BMPs as project
applicants submit proposals. Projects triggering the regulatory threshold include commercial, multi-
family, subdivision developments, transportation, and infrastructure improvement projects. In most
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 4
cases, developers utilize structural BMPs through an onsite management approach, which the MS4
defines at the parcel or subdivision scale.
An alternative is an offsite approach, such as regional treatment facilities, which results in structural
BMPs at the lower end of watersheds containing numerous subdivisions. Graphic 6.3.1 provides a
conceptual view of the varying management approaches.
The following information and Graphic 6.3.2 describe the MS4’s typical review process:
The developer selects a structural BMP based on site conditions, completes a design, and
submits documents including drawings, drainage reports, and a maintenance plan.
The MS4s Engineering and Stormwater Divisions review the submittals, ensure compliance with
standards, policies, and plans, and provide written comments to the developer. This step
repeats as necessary until the proposed design fully complies with local requirements.
The developer constructs the project and associated BMPs after receiving City approval.
Once complete, the Engineering and Stormwater Divisions conduct inspections to verify that
the approved BMPs are installed according to the approved design. The Stormwater Division
confirms that the geographic information system (GIS) database contains the structural BMP.
The BMP goes into service and is indefinitely managed and maintained by the owner.
Graphic 6.3.1: Onsite and Offsite Management Approach Comparison
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 5
6.4 Structural BMP Inventory
The MS4 maintains an updated inventory of structural BMPs as development progresses and legacy
(pre-MS4) facilities are discovered and categorized. The process typically includes a combination of GIS
map digitization and field verification. Graphic 6.4.1 maps all post-construction facilities added by year
for the current permit term.
Graphic 6.3.2: Development Review Flow Chart
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 6
Graphic 6.4.1: Post-Construction Facility Inventory 2022-2024
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 7
The MS4 categorizes and tracks the following types of structural BMPs:
Surface Detention Facility: Regulated discharge to the receiving waterway via an outlet
structure
Underground Detention Facility: Regulated discharge to waterway via an outlet structure
Surface Retention Facility: No discharge to a waterway (includes permeable paver systems)
Underground Retention Facility: No discharge to a waterway
The MS4 updates the inventory annually as new facilities come online and as ownership updates of
existing facilities arise. Tables 6.4.1 – 6.4.5 categorize structural stormwater BMPs based on four
ownership types:
Public: Permittee-owned structural BMPs, usually on public land (City or Montana State
University) and/or facilities operated on dedicated easements
Private: Structural BMPs on private property owned and operated by a private entity
Home/Property Owners Association: Structural BMPs located, owned, and operated by a
homeowner association (HOA) on open space or parkland
Unknown: Structural BMPs with unknown ownership or maintenance responsibility
Table 6.4.1 Public
Type 2022 2023 2024 2025
Surface Detention Facility 45 56 58 -
Underground Detention Facility 3 3 3 -
Surface Retention Facility 39 41 42 -
Underground Retention Facility 10 18 20 -
Total: 97 118 123 -
Table 6.4.2 Private
Type 2022 2023 2024 2025
Surface Detention Facility 190 192 190 -
Underground Detention Facility 26 41 52 -
Surface Retention Facility 304 338 357 -
Underground Retention Facility 91 127 139 -
Total: 611 698 738 -
Table 6.4.3 Home/Property Owners Type 2022 2023 2024 2025
Surface Detention Facility 251 257 279 -
Underground Detention Facility 32 32 35 -
Surface Retention Facility 129 127 141 -
Underground Retention Facility 11 11 18 -
Total: 423 427 473 -
Table 6.4.4 Unknown Type 2022 2023 2024 2025
Surface Detention Facility 8 8 6 -
Underground Detention Facility - - - -
Surface Retention Facility 5 5 3 -
Underground Retention Facility - - - -
Total: 13 13 9 -
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 8
Table 6.4.5 Summary
Owner Classification 2022 2023 2024 2025
Public 97 118 123 -
Private 611 698 738 -
HOA 423 427 473 -
Unknown 13 13 9 -
Total: 1,144 1,256 1,343 -
6.5 Inspection Program
The MS4 has completed the following inspections of structural BMPs (including high-priority) in the
permit period:
The MS4 completes inspections of typical and high-priority structural BMPs using qualitative and
quantitative data collection practices. Inspection frequencies for the two types include:
Typical: Compliance-based, field observation, or as staff time and opportunity allow. MS4-
owned facilities are inspected yearly.
High-Priority: Annual inspection per requirements detailed in the MS4 Permit.
The MS4 receives permission from the underlying property owner to access privately owned and
maintained structural BMPs. Once granted, a typical inspection characterizes physical conditions, flow
path, facility geometry, and maintenance needs. The MS4 uses two methodologies depending on
inspection goals, objectives, and staffing levels.
Rapid Assessment Method for Basin Optimization (RAMBO): A method developed to quickly
inspect surface detention and retention facilities, whereby increasing the total number of
inspections that the MS4 completes annually. Critical facility components are scored based on
qualitative observations and objective inference.
The following four (4) facility components are assigned a score of 0 – 5 points then weighted by
qualitative importance to stormwater facility function.
1. Conveyance (C): Ability to capture and convey stormwater. Sediment accumulation
and obstructed discharge points are assessed. Weight = 0.4
2. Stabilization (S): Presence/absence of vegetation, erosion, or instability of side
slopes are assessed. Weight = 0.15
3. Drainage (D): Infiltration efficacy is assessed via the presence/absence of standing
water in facilities engineered to be dry. Weight = 0.25
Table 6.5.1 Post-Construction Facility Inspections – Current Permit Period
Ownership 2022 2023 2024 2025
# Inspected % of Total # Inspected % of Total # Inspected % of Total # Inspected % of Total
Public 12 12.4 97 82.2 86 7.0
Private 4 0.6 0 0.0 11 1.5
HOA 18 4.3 52 12.2 6 1.3
Unknown 0 0.0 0 0.0 0 0
Total 34 3.0 149 11.9 103 7.7
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 9
4. Overall Maintenance Rating (M): General assessment of maintenance needs.
Weight = 0.2
The sum of the weighted scores is then multiplied by a conversion factor (CF) of 20 to obtain a
total point score between 0 – 100 points. The total point score is used to determine the facility’s
Maintenance Priority.
Low Priority (81-100 pts): Structural BMP functions as designed.
Moderate Priority (51-80 pts): Structural BMP requires minor to moderate sediment
management and vegetation maintenance to mitigate the risk of flooding, waterway
pollution, and infrastructure failure.
Immediate Priority (0-50 pts): Structural BMP requires significant sediment
dredging, vegetation removal, and infrastructure repairs. All facilities with a
conveyance score of 0.
RAMBO Maintenance Priority Assessment Formula = {(𝐶𝐶)0.4 +(𝑆𝑆)0.15 +(𝐷𝐷)0.25 +(𝑀𝑀)0.2} 𝐶𝐶𝐶𝐶
Example RAMBO Scoring Scenario:
Assessment Scores: Conveyance (C) = 2
Stability (S) = 5
Drainage (D) = 5
Overall Maintenance Rating (M) = 3
Conversion Factor (CF) = 20
Calculation: {(2)0.4 +(5)0.15 +(5)0.25 +(3)0.2} 20
Maintenance Priority Score = 68 Moderate: Structural BMP requires minor to moderate
sediment management and vegetation maintenance to mitigate the risk of flooding, waterway
pollution, and infrastructure failure.
Detailed Stormwater Facility Inspection Method: A thorough inspection method based on
qualitative observations and quantitative measurements. Typically associated with facilities
without baseline condition data or record drawings, or facilities in the most degraded condition.
Qualitative observations are made on the following components:
1. General: Maintenance accessibility, debris accumulation, vegetation, and
infrastructure condition.
2. Facility Condition: Pretreatment forebay condition, storage capacity, groundwater /
standing water, flow path, and side slopes.
3. Maintenance: Maintain plan / agreement and implementation.
4. Facility Sketch: Drawing of general layout of facility.
5. Images Report: Multiple photos of qualitative components.
Quantitative Components include:
1. Vegetation: Cover type and % cover.
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 10
2. Elevation Analysis: Survey to determine capacity and comparison to original design.
The inspection results assign each facility a low, moderate, or immediate maintenance need
level.
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 11
Graphic 6.5.1: Permittee-owned and HOA facilities inspected in 2023 and
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 12
6.6 High-Priority Structural BMPs
The MS4 completes a GIS analysis to identify high-priority structural BMPs based on the following
criteria:
Size: Structural BMPs larger than 1,076 ft2 (100m2)
Proximity: Within 500 ft. of an impaired waterbody (Bozeman Creek, Mandeville Creek, E.
Gallatin River)
Type: Surface detention or underground detention facility
Table 6.6.1 outlines the number of high-priority facilities by ownership. Table 6.6.2 has specific
structural BMP information and a Maintenance Priority Rating for the current MS4 Permit term.
Table 6.6.1 High-Priority Structural BMP Ownership – Current Permit Period
Ownership 2022 2023 2024 2025
Public 12 14 14 -
Private 2 4 4 -
HOA 1 0 0 -
Unknown 0 0 0 -
Total: 15 18 18 -
Table 6.6.2 High-Priority Structural BMPs – Current Permit Period
# Facility ID Owner Area
(ft2)
Receiving
Waterbody
2022
Maint.
Rating
2023
Maint.
Rating
2024
Maint.
Rating
1 DP.H07.00023 Public - City S. Univ Dist 26,987 Mandeville Creek Low Low Low
2 DP.H07.00022 Public - City S. Univ Dist 14,775 Mandeville Creek Low Low Low
3 DP.H06.00024 Public - MSU Facility 3 11,829 Mandeville Creek Low Low Low
4 DP.I51.00073 Public - City WRF 1 10,744 East Gallatin River Low Low Low
5 DP.I51.00074 Public - City WRF 3 10,314 East Gallatin River Low Low Low
6 DP.H06.00400 Public - MSU Facility 2 7,591 Mandeville Creek Low Low Low
7 DP.F01.00026 Public - City SID 674 7,354 East Gallatin River Moderate Moderate Moderate
8 DP.H06.00025 Public - MSU Facility 6 7,231 Mandeville Creek Low Low Low
9 DP.H04.00006 Private - BSD 1 7,188 Mandeville Creek Low Low Low
10 DP.H02.00001 Private - Kenyon Noble 5,450 Mandeville Creek na Moderate Moderate
11 DP.E02.00006 Public - City Vehicle Main. 5,577 East Gallatin River Low Low Moderate
12 DP.H06.00023 Public - MSU Facility 4 4,667 Mandeville Creek Low Low Low
13 DP.H06.00026 Public - MSU Facility 1 3,185 Mandeville Creek Low Low Low
14 DP.G02.00017 Private - Tange's Addition 2,245 Mandeville Creek Immediate Immediate n/a
15 DP.G03.00050 Private - Headwaters 1,959 Mandeville Creek Low Low Low
16 DP.I51.00076 Public - City WRF 4 1,731 East Gallatin River na Low Moderate
17 DP.I51.00075 Public - City WRF 2 1,355 East Gallatin River Low Low Moderate
18 DP.H06.00028 Public - MSU Facility 5 1,294 Mandeville Creek Low Low Low
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 13
Graphic 6.6.1: High-Priority Facilities
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 14
6.7 Enforcement Response Plan
The MS4’s Enforcement Response Plan (ERP) provides strategies and authority to ensure owners install,
operate, and maintain structural BMPs.
Design: SWMP Section 6.2 references regulations and legal requirements for structural BMP
design. If a developer does not fully comply with regulations, the MS4’s formal response is to
deny the Site Plan application, making it impossible to acquire a building permit. If a developer
begins construction without a building permit, the City issues a Stop Work Order per BMC Sec.
38.200.040.
Installation: SWMP Section 6.3 details the MS4’s structural BMP review process. During this
stage, the MS4 uses the following enforcement protocols to ensure performance:
Informal, Formal, and Judicial: When a pollutant control issue is identified, the MS4
submits a written notification to the owner and uses the protocol in SWMP Section
5.3. The Construction ERP is the regulatory authority until the site reaches final site
stabilization. BMC Section 40.04.350 outlines the permission protocols to enter the
property for inspection.
Formal: If an engineering-related design or implementation issue arises (e.g.,
shallow groundwater, site plan deviation, utility conflict), the owner must
coordinate with the Engineering Division to find a solution. The MS4 will withhold
occupancy on the project and not accept the infrastructure until the owner resolves
the identified issues.
Operation and Maintenance: SWMP Section 6.5 outlines the MS4’s structural BMP inspection
program. Upon sending the inspection report and supporting documents, the MS4 uses the
following enforcement protocol:
Informal: The MS4 communicates with the owner and shares the facility inspection
results. A six-month timeline is set, which requires the owner to submit a response
and maintenance plan to the MS4 describing how the identified issues will be
resolved.
Formal: The Stormwater Division relies on adherence to The City of Bozeman
Municipal Code (BMC) Section 40.04.720 states:
A. Stormwater facilities shall be maintained by the owner or other responsible party
in a condition so that the facilities will function as designed.
B. Waste shall be disposed of from maintenance of facilities in accordance with
applicable federal, state, and local laws and regulations.
C. The owner or other responsible party shall create and maintain records of
installation, maintenance, and repair for the life of the development and shall be made
available to the engineering department upon request.
D. Any failure to maintain facilities or to correct deficiencies at facilities within a
reasonable time after receiving written notice from the enforcement agent may result in
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 15
criminal or civil penalties. The city may perform corrective or maintenance work the owner
or responsible person fails or refuses to complete within a reasonable time at the owner’s
expense.
Formal and Judicial: BMC 40.04.860 through 40.04.980 detail the administrative and
legal remedies for enforcing the code, from Noticing through Civil Action, including
Administrative Enforcement Powers.
The MS4 Stormwater Facilities Plan Update will further support the administrative and enforcement
tools outlined in BMC by reviewing the strategies used by comparable MS4 cities and formulating policy
recommendations for implementation in Bozeman. BMC contains the framework for a complete ERP,
which will be supplemented by the recommendations in the Facilities Plan Update, including an
escalation process and action schedule.
6.8 Performance Tracking
The MS4 completes a Structural BMP Compliance Audit annually, evaluating 50 randomly chosen
structural BMPs to determine their condition based on a simplified condition estimate using the
following criteria:
1 Point – The stormwater facility is not maintained, and there is a high risk to infrastructure, the
public, and the environment
2 Points – The stormwater facility is partially maintained, and there is a moderate risk to
infrastructure, the public, and the environment
3 Points – The stormwater facility is maintained, and there is low risk to infrastructure, the
public, and the environment
The MS4 compiles the collected audit data for the current permit period:
Table 6.8.1 Stormwater Structural BMP Audit Scores
Audit Year HOA Private Public Average
2022 2.56 2.62 2.60 2.59
2023 2.23 2.23 3.30 2.48
2024 2.04 2.25 2.43 2.24
2022 Summary and Trend Interpolation:
HOA scores improved from prior years as a result of new developments in the MS4
Randomized selection resulted in a lower number of private sites compared to prior
reporting periods.
Older structural BMPs in HOAs have become a focal point for maintenance inspections
and association communications.
2023 Summary and Trend Interpolation:
Refined ownership records for permittee-owned facilities and improved inspection
methodology were used to update and convert numeric scores for the first year of the
permit term (2022). Scoring and mathematical inconsistencies in previous permitting
years have been rectified. The RAMBO Inspection method will be employed in subsequent
years as outlined in sub-section 6.5.
HOA and Private facility scores were lower from the first year of the permit period
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 16
Randomized selection resulted in an equal number of HOA and privately owned ponds
(22) versus only six publicly owned facilities.
Older structural BMPs in HOAs have continually become a focal point for maintenance
inspections and association communications.
Less than half of public facilities were randomly chosen in 2023 compared to 2022;
nevertheless, City-owned facilities received an increased maintenance focus.
2024 Summary and Trend Interpretation
Seven publicly owned sites were randomly selected vs. 27 HOA and 16 Private, which are
reflected in Graphic 6.8.1.
Maintenance of all facility types continues to be challenging. Although City staff tends
to monitor and maintain City-owned facilities at a higher frequency (audit score =
2.43), the average of all facilities is trending downward.
City staff must focus on increasing inspection and maintenance enforcement of
privately owned stormwater infrastructure.
6.9 Ongoing and Future Initiatives
The following initiatives are planned or ongoing to facilitate improved plans, policies, and ordinances
related to the MS4’s Post-Construction Program:
1.00
1.50
2.00
2.50
3.00
3.50
2018 2019 2020 2021 2022 2023 2024Maintenance and Performance ScoreMonitoring Year
2024 Post-Construction Facility Audit Results
2025 SWMP Update
Weight Ave HOA Private Public
Graphic 6.8.1 Facility Inspection Compliance Scores 2018-2024
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 17
Stormwater Facility Plan Update: Scheduled for completion in 2025, the updated Stormwater
Facility Plan includes a review of the City’s Post-Consturction Program and recommendations for
improvements.
Engineering Design Standards Update: A project to review and update MS4’s Engineering
Standards is underway. This includes improving the incorporation of the MS4 Permit’s water
quality requirements and the Montana Post-Construction BMP Guidance Manual and
standardizing drainage reports and maintenance agreements.
The Stormwater Division continues refining inspection protocols to rapidly assess and improve
the maintenance intervals of all structural BMPs in the MS4. It is the goal to inspect and all
permittee-owned facilities on an annual basis, as practicable. Prior to the current permit period,
inspection of permitte-owned facilities was less than 10% per year and now averages over 90%
in the last two years. In addition, MSU has budgeted for mapping updates for all University
stormwater facilities.
Fully deploy and consistently utilize tools found within the existing and developing Enforcement
Response Plan to improve post-construction structural BMP performance and maintenance.
In 2024 the City developed and tested a permeable paver infiltration testing program to
determine efficacy and maintenance needs. Preliminary results show that grout-less systems
perform far better and underline the need for continual maintenance and monitoring of both
grouted and grout-less designs.
Underground Facility Inspection Method: A qualitative inspection method proposed for
Underground retention/detention facility inspection, parameters include:
1. Pre-treatment Facility
2. Inlet Condition
3. Flow Path
4. Infrastructure Condition
5. Sediment in Facility
6. Groundwater Condition
7. Accessibility: Maintenance access
8. Maintenance & Implementation
9. Video Documentation & Sediment Depth Measurement
Permeable Paver Facility Inspection Method: Facility inspection parameters and measurement
methods include:
1. Facility description,
2. Location, and
3. Infiltration testing.
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SECTION 6.0 - POST-CONSTRUCTION PROGRAM 18
Infiltration testing includes the use of an infiltrometer (bottomless bucket), a known water
volume, and controlled application rate of a known volume of water over a measured time. The
infiltration rate is calculated using the formula:
Where:
I = Infiltration Rate (in/hr)
K = Conversion Factor from cubic inches per second to pounds per hour
= 126,870
M = Mass (lb) of water
D = Inside diameter (in) of containment ring
Δt = Time (sec) elapsed for complete infiltration
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Section 7.0
Good Housekeeping Program
Graphic 7.0.2: Sediment management facilityGraphic 7.0.1: Street sweeping debris pile 215
SECTION 7.0 - GOOD HOUSEKEEPING PROGRAM 2
Blank Page
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SECTION 7.0 - GOOD HOUSEKEEPING PROGRAM 3
7.1 Introduction
The MS4 strives to improve waterway health, protect public safety, and comply with its MS4 Permit by
implementing an operations and maintenance program with the goal of preventing/reducing
stormwater pollution from City and MSU owned facilities and field activities/operations.
SWMP Section 7.0 details the following components necessary to administer the MS4’s Good
Housekeeping Program, including:
Infrastructure Operations and Maintenance (7.2)
Facility Stormwater Pollution Prevention Program (FSWPPP) (7.3)
Activity Stormwater Pollution Program (ASWPPP) (7.4)
Activity and Facility Stormwater Pollution Prevention Plan Training (7.5)
Stormwater Training Program (7.6)
7.2 Infrastructure Operations and Maintenance
The City inspects, maintains, and repairs its storm sewer system on a continual basis. MSU maintains
infrastructure within its boundary. The following Divisions are responsible for conducting infrastructure
operations:
Table 7.2.1: Infrastructure Operations
Operation Goal Season Operational Area
Stormwater Division Operations
Storm Sewer Inspection (CCTV) 20% per year Year-round Citywide
Storm Sewer Cleaning 20% per year Above freezing Citywide
Storm Sewer Repair As Required Spring, Summer, Fall Citywide
Treatment Unit Maintenance Annually Fall Individual Locations
Infiltration Facility Maintenance As needed Fall Individual Locations
Debris Hauling Annually Varies Sediment Facility
Streets Division Operations
Spring Cleanup Annually Spring Citywide
Fall Cleanup Annually Fall Citywide
Street Sweeping Annually Year-round Citywide
Sweepings Hauling Annually Varies East Gallatin Area
The MS4 uses the following metrics to track performance. The performance data comes from
Workorder tracking in Cityworks and GIS totals. The metrics include:
Inlets and Manholes Cleaned: Storm sewer inlets and manholes serve two purposes: (1) mitigate
flood risk by collecting runoff from streets, parking lots, alleyways, and other hard surfaces, and
(2) treat stormwater by capturing sediment, trash, and other pollutants in their sumps.
Performance Goal: Clean 20% of public inlets and manholes annually
Calculation Type: Assets maintained divided by total assets City/MDT total. This includes
duplicate effort only once. 2023 shows a lower total due to better recordkeeping, removing
proposed and abandoned features. MDT is in the process of mapping their assets, which will
affect future totals. MSU maintains approx. one third of its manholes and inlets each year,
focusing on those that receive the most sediment.
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SECTION 7.0 - GOOD HOUSEKEEPING PROGRAM 4
Table 7.2.2: Inlet and Manholes Totals
Year City/MDT
Maintained
City/MDT
Total
%
Complete
MSU
Maintained
MSU
Total % Complete
2021 894 4,098 22% 244 365 67%
2022 405 4,311 11% 304 365 83%
2023 415 3,988 10% 100 365 27%
2024 604 4288 14% 96 363 26%
Storm Sewer Pipes Cleaned: Storm sewers serve two purposes: (1) convey stormwater collected
by inlets to their point of discharge, and (2) capture sediment, trash, and other pollutants that
fall out of suspension, requiring reoccurring maintenance to remain functional.
Performance Measure: Clean 20% of pipes annually
Calculation Type: Assets maintained divided by total assets City/MDT total (mains and
laterals, includes duplicate effort only once, 2023 shows a lower total due to better
recordkeeping, removing proposed and abandoned features from the set. The vac truck was
out of service 2 months during this period).
Table 7.2.3: Storm Sewer Pipe Totals
Year City/MDT
Maintained
City/MDT
Total % Complete MSU
Maintained
MSU
Total
%
Complete
2021 17 miles 76 miles 21% .2 miles 8 miles 2.5%
2022 8.5 miles 82 miles 10% 0 8 miles 0
2023 7.4 miles 77 miles 9% 0 8 miles 0
2024 11.2 miles 82 miles 14% 0 8 miles 0
Infrastructure Repairs: Infrastructure repairs or “spot repairs” serve two purposes: (1) fix known
pipe failures and restrictions to ensure the adequate flow of stormwater, and (2) repair sections
of pipe where scouring of subgrade soils occur, mitigating the chance of a road failure and
sediment load contribution. 2024 saw an increased focus on pipe repairs. One repair was
reactive, a sinkhole formed in the street where soil was able to ingress into the storm pipe. The
others were scheduled, long term repairs to damaged or underperforming stormwater features.
This increased effort should not be cause for alarm, the logistics rather than the criticality made
it worth schedule all of these digs in 2024. Next year is anticipated to return to normal.
Performance Measure: Pipe integrity indicator
Calculation Type: Total repairs
Table 7.2.4: Infrastructure Repair Totals
Year City Total MSU Total
2021 5 Repairs 1 Repair
2022 2 Repairs 2 Repairs
2023 5 Repairs 2 Repairs
2024 11 Repairs 2 Repairs
Television Inspections (CCTV): Storm sewer inspections serve two purposes: (1) identification
and prioritization of structural and maintenance needs for underground infrastructure and (2)
identifies illicit discharges, cross-connections, or illegal pipe connections.
Performance Measure: Inspect 20% of storm sewer mains annually
Calculation Type: Total assets including mains and laterals, includes duplicate effort only
once, likely underreported due to inspecting pipes before they are accepted into City
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SECTION 7.0 - GOOD HOUSEKEEPING PROGRAM 5
infrastructure. Assets, length, and work orders can’t be aligned until all infrastructure is
accepted. 2023 shows a lower total miles due to better recordkeeping, removing proposed
and abandoned features from the set, and removing small laterals which can’t be inspected
using the TV van.
Table 7.2.5: Television Inspection Totals
Year City/MDT
Maintained
City/MDT
Total % Complete MSU
Maintained
MSU
Total
%
Complete
2021 10 miles 76 miles 13% .6 miles 8 miles 7.5%
2022 9 miles 82 miles 11% 0 8 miles 0
2023 8.8 miles 71 miles 12% 0 8 miles 0
2024 4.7 miles 71 miles 7% 0 8 miles 0
7.3 Facility Stormwater Pollution Prevention Program
The purpose of the MS4’s Facility Stormwater Pollution Prevention Program (FSWPPP) is to mitigate
stormwater pollutants generated on municipal facilities. The MS4 works to ensure all municipal facilities
meet or exceed the following Facility Minimum Standards (FMS):
Connect interior wash bays and interior floor drains to the sanitary sewer.
Store chemicals under cover and/or within secondary containment.
Prevent tracking at facility entrances, exits, and within parking areas.
Stock spill kits with instructions, disposable bags, PPE, and absorbent products.
Perform preventative maintenance on vehicles and equipment.
Wash vehicles and equipment in designated locations.
Contain fuel tanks with secondary containment.
Implement BMPs for identified pollutants.
Maintain stormwater facilities per the following frequencies: (1) Stormwater basins, annual
vegetation and debris clearing, 10-15 year dredging; (2) Mechanical separators, annual
vacuuming; (3) Infiltration facilities, annual flushing; (4) Parking and drive surfaces, as required;
and (5) Inlets, manholes, and pipes, five-year flushing, vacuuming, and inspection cycle.
Stabilize disturbed areas within 14 days.
The MS4 uses the following FSWPPP inspection protocol:
If applicable, collect stormwater runoff sample to characterize facility pollutant concentrations.
Inspect facility for compliance with FMSs.
Review existing documents, such as existing Standard Operating Guides (SOGs), safety data
sheets, spill documentation, and stormwater facility record drawings.
Coordinate with applicable leadership and develop FSWPPP that includes:
Overview
Stormwater Team
Site Description
Impaired Waterbodies
Sampling
Pollution Identification
Site Assessment
Spill Response Plan
Training
Inspections
Infrastructure Improvements
Record Keeping and Reporting
Site Map
Implement FSWPPP.
Train applicable field staff.
Re-inspect and, if necessary, update the FSWPPP annually.
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SECTION 7.0 - GOOD HOUSEKEEPING PROGRAM 6
The following facilities are subject to the FSWPPP protocol:
Table 7.3.1: 2024 MS4 Facilities Inventory Facility ID Facility Name Facility Category Pollutants Responsible Department(s) & Position(s)
1.1 City Shops Complex Operations and
Storage Area
TSS, Oil/Grease,
Nitrogen, Phosphorus,
Zinc, Lead Copper, COD
1. Water, Sewer, Storm Dept. Superintendent
2. Streets Dept. Superintendent
3. Parks Dept. Superintendent
1.2 Vehicle Maintenance
Facility
Operations and
Storage Area
TSS, Oil/Grease, Nitrogen, Phosphorus,
Zinc, Lead, Copper, COD, Mag. Chloride, Anti-Freeze, E. coli
1. Fleet Assistant Superintendent
2. Forestry Dept. Superintendent
3. Water, Sewer, Storm Dept. Superintendent
2.1 Water Treatment Plant Treatment Works
TSS, Oil/Grease,
Nitrogen, Phosphorus,
Zinc, Lead, Copper,
COD. Treatment
Chemicals, Floatables.
1. Water Treatment Plant Superintendent
2.2 Water Reclamation
Facility Treatment Works
TSS, Oil/Grease, Nitrogen, Phosphorus, Zinc, Lead, Copper, COD, Treatment Chemicals
1. Water Reclamation Facility Superintendent
2. Water Reclamation Facility Assistant
Superintendent
3.1 East Gallatin Storage Area Material Storage Area
TSS, Oil/Grease,
Nitrogen, Phosphorus,
Zinc, Lead, Copper,
COD, Concrete
Washout
1. Streets Dept. Superintendent
2. Forestry Dept. Superintendent
3.2 Solid Waste Landfill Waste Handling and
Disposal Area
TSS, Oil/Grease,
Nitrogen, Phosphorus,
Zinc, Lead, Copper,
COD, Floatables,
Leachate Condensate
1. Solid Waste Dept. Superintendent
2. Solid Waste Dept. Assistant Superintendent
3.3 Snow Storage Area Snow Disposal Area
TSS, Oil/Grease,
Nitrogen, Phosphorus,
Zinc, Lead, Copper,
COD, Floatables
1. Streets Dept. Superintendent
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SECTION 7.0 - GOOD HOUSEKEEPING PROGRAM 7
Graphic 7.3.1: MS4 facilities
221
SECTION 7.0 - GOOD HOUSEKEEPING PROGRAM 8
Table 7.3.2: 2024 MSU Facilities Inventory Facility ID Facility Name Facility Category Pollutants Responsible Department(s) &
Position(s)
1.4 University Shops
Facility
Operations and
Storage Area
TSS, Oil/Grease,
Nitrogen,
Phosphorus, Zinc,
Lead Copper, COD
Facilities Services Director
3.4 MSU Material
Storage Area
Operations and
Storage Area
TSS, Oil/Grease,
Nitrogen,
Phosphorus, Zinc,
Lead, Copper, COD
Facilities Services Director
This Facility has been displaced
by construction. Operations
have been temporarily moved
southeast of the existing
University Shops Facility within
the Facility Yard project SWPPP
boundary.
7.4 Activity Stormwater Pollution Prevention Program
The purpose of the MS4’s Activity Stormwater Pollution Prevention Program (ASWPPP) is to mitigate
stormwater pollutants generated from municipal operations. The MS4 works to ensure all operations
meet or exceed the following Activity Minimum Standards (AMS):
Protect street surfaces and inlets by deploying controls that capture, contain, and allow for the
collection and disposal of generated pollutants.
Manage material stockpiles and control run-on.
Stabilize disturbed areas.
Prevent tracking and the off-site migration of debris.
Capture and dispose concrete waste.
Manage dewatering flows to remove sediment to the maximum extent practicable before
entering the storm sewer system or waterways.
The MS4 uses the following protocol to develop ASWPPPs:
Review activity and establish baseline compliance with AMSs.
Coordinate with applicable leadership and develop ASWPPP that includes:
Overview
Stormwater Team
Activity Description
Pollutant Identification
Standards Assessment and SOGs
Training
Record Keeping
Implement ASWPPP.
Train applicable field staff.
The following activities are subject to the ASWPPP protocol:
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SECTION 7.0 - GOOD HOUSEKEEPING PROGRAM 9
Table 7.4.1: 2023 MS4 Activity Inventory
Activity Name Activity Category Pollutant(s) Responsible Department(s) & Position(s)
Trenching and
Excavation
System
Maintenance TSS 1. Water, Sewer, Storm Dept. Superintendent
Storm Sewer System
Maintenance
System
Maintenance TSS & Oil/Grease 1. Water, Sewer, Storm Dept. Superintendent
Emergency Water
Main Break
System
Maintenance TSS 1. Water, Sewer, Storm Dept. Superintendent
Sanitary Sewer
Overflows
System
Maintenance
E. coli, Floatables,
Nutrients 1. Water, Sewer, Storm Dept. Superintendent
Sidewalk and Curb
Construction
Road
Maintenance
TSS & Concrete
Washout (pH)
1. Water, Sewer, Storm Dept. Superintendent
2. Streets Dept. Superintendent
Roadway Traction
Sand Application
Road
Maintenance
TSS, Magnesium and
Sodium Chlorides 1. Streets Dept. Superintendent
Concrete Cutting Road
Maintenance
Concrete Slurry (pH) &
TSS
1. Water, Sewer, Storm Dept. Superintendent
2. Streets Dept. Superintendent
Curb Painting Road
Maintenance Paint 1. Water, Sewer, Storm Dept. Superintendent
2. Streets Dept. Superintendent
Asphalt Patching Road
Maintenance
Hydrocarbons (Asphalt
Mix) & Release Agent
1. Streets Dept. Superintendent
2. Streets Dept. Assistant Superintendent
Solid Waste
Collection Waste Handling
Floatables, oil/grease,
household/commercial
chemicals
1. Solid Waste Dept. Superintendent
Parks Mowing Parks
Maintenance
Nitrogen, Phosphorous,
TSS 1. Parks Dept. Superintendent
Tree Planting,
Pruning, Removal
Parks
Maintenance
Nitrogen, Phosphorous,
Potassium, Oil/Grease,
Floatables, & TSS
1. Forestry Dept. Superintendent
Parking Lot & Garage
Maintenance
Parking Lot
Maintenance TSS & Oil/Grease 1. Streets Dept. Superintendent
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SECTION 7.0 - GOOD HOUSEKEEPING PROGRAM 10
Table 7.4.2: 2024 MSU Activity Inventory
Activity Name Activity Category Pollutant(s) Responsible Department(s) & Position(s)
Emergency Water
Main Breaks
System
Maintenance TSS 1. Water, Sewer, Storm Dept. Superintendent
Storm Sewer System
Maintenance
System
Maintenance TSS & Oil/Grease 1. Facility Services Director
Sanitary Sewer
Overflows
System
Maintenance
E. coli, Floatables,
Nutrients 1. Water, Sewer, Storm Dept. Superintendent
Arena Construction Open Space
Maintenance TSS 1. Facility Services Director
Parking Lot & Garage
Maintenance
Parking Lot
Maintenance TSS & Oil/Grease 1. Facility Services Director
7.5 Activity and Facility SWPPP Training
Upon completion of FSWPPPs and ASWPPs, the MS4 trains applicable field Staff to increase awareness
and reduce and mitigate stormwater pollutants generated from specific activities and facilities.
Employees receive training during the 1st and 4th year of the permit term, 2022 and 2025 respectively.
Training content includes:
General stormwater awareness,
Overview of the contents of the most current MS4 Permit,
Contents of applicable FSWPPPs/ASWPPPs, and
Standard Operating Guidelines and BMPs implemented to minimize generated pollutants.
Table 7.5.1: Awareness Training Content
Division Stormwater In Bozeman Video Rain Check Chapter 1: Intro Rain Check Chapter 2: Housekeeping Rain Check Chapter 3: Spill control Rain Check Chapter 4: Fueling Rain Check Chapter 5: Vehicle Maintenance Rain Check Chapter 6: Vehicle Washing Rain Check Chapter 7: Materials Management Rain Check Chapter 8: Waste Management Rain Check Chapter 9: Facility Maintenance Rain Check Chapter 12: Landscaping Water/Sewer/Storm X X X X X X X X X - X
Forestry X X X X X X X X X - X
Parks and Cemetery X X X X X X X X X - X
Streets X X X X X X X X X - X
Solid Waste X X X X X X X X X X -
Water Treatment
Plant X X X X X X X X X X -
Water Rec. Facility X X X X X X X X X X -
MSU Operations X X X X X X X X X X X
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SECTION 7.0 - GOOD HOUSEKEEPING PROGRAM 11
Table 7.5.2: ASWPPP Training Content
Division Water Main Breaks Storm Sewer System Maintenance Sanitary Sewer Overflows Trenching and Excavation Sidewalk and Curb Construction Curb Cutting Curb Painting Traction Sand Application Solid Waste Collection Arena Construction Parks Mowing Tree Planting Parking Garage and Lot Maintenance Water/Sewer/Storm X X X X X X X - - - - - -
Forestry - - - - - - - - - - - X -
Parks - - - - - - - - - - X X -
Streets - - - - X X X X - - - - X
Solid Waste - - - - - - - - X - - - -
MSU Operations X - X - - - - X X X X X X
Table 7.5.3: FSWPPP Training Content
Division MSU Shops Facility City Shops Complex Vehicle Maintenance Facility East Gallatin Storage Area Solid Waste Landfill Snow Storage Area MSU Material Storage Area Water Treatment Plant Water Reclamation Facility Water/Sewer/Storm - X X - - - - - -
Forestry - - X X - - - - -
Parks - X - X - - - - -
Streets - X X X - X - - -
Solid Waste - - - - X - - - -
Water Treatment Plant - - - - - - - X -
Water Rec. Facility - - - - - - - - X
MSU Operations X - - - - - X - -
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SECTION 7.0 - GOOD HOUSEKEEPING PROGRAM 12
Table 7.5.4: Training Program Summary
Division
2022 2025
Awareness
FSWPPP
&
ASWPPP Awareness FSWPPP & ASWPPP Water/Sewer/Storm 21 21 - -
Forestry 24 24 - -
Parks and Cemetery 19 19 - -
Streets 14 14 - -
Solid Waste 23 23 - -
Water Treatment Plant 21 21 - -
Water Rec. Facility 14 14 - -
7.6 Stormwater Training Program
The MS4 completes trainings per MS4 Permit II.B.1-4 as identified in the sections below. Training
materials and certifications are stored electronically on the MS4’s server and updated annually to
address new MS4 Permit requirements, stay up-to-date on SWMP changes, and the implementation of
new BMPs.
Stormwater Management Team (SWMT)
Stormwater Program Manager, Program Specialist, Project Coordinator, and Technicians
complete a comprehensive training of MS4 Permit requirements and implementation
responsibilities. An annual work plan is developed outlining BMPs, implementation
responsibility, and estimated work load. Additionally, permit responsibilities are regularly
assigned via a weekly work task meeting involving all SWMT members. New SWMT
members receive awareness training within 90 days of employment.
Construction Site Personnel
Stormwater Program Specialist, Project Coordinator, and Technicians receive numerous
Construction Site Stormwater Pollution Prevention Plan (SWPPP) trainings, including
Stormwater Management and Erosion Control During Construction, SWPPP
Preparer/Administrator, and Compliance Evaluation Inspector. Specifically, Staff are trained
how to review SWPPPs and conduct compliance evaluation inspections - using the MS4’s
plan review and site inspection checklists - for compliance with requirements contained in
the Technology Based Effulent Limitations of the most current Construction General Permit.
Additional trainings include Dewatering Operations During Construction and a BMP Field
Academy.
Post-Construction Personnel
Stormwater Program Manager, Project Coordinator, and Development Review Engineers
receive plan review training. Development Review Engineers utilize a plan review checklist
to ensure consistent review and document compliance with with state and local post-
construction requirements. Project Coordinator conducts stormwater facility inspection
trainings with Technicians as outlined in SWMP Sections 6.5, 6.6, and 6.7.
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SECTION 7.0 - GOOD HOUSEKEEPING PROGRAM 13
Field and Facility Personnel
Field and Facility personnel whose work activities have the potential to impact
stormwater quality receive training during the 1st and 4th years of the MS4 Permit
term, 2022 and 2025 respectively. Applicable Facilities and Activities in which Staff
reveive training are outlined in SWMP Sections 7.3, 7.4, and 7.5. Trainings include an
overview of requirements contained in the most current MS4 Permit and applicable
FSWPPPs and/or ASWPPPs, including SOG’s, required BMP’s to mitigate stormwater
pollutants generated from municipal facilities and activities, and spill response
procedures.
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SECTION 7.0 - GOOD HOUSEKEEPING PROGRAM 14
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228
Section 8.0
Sampling and Evaluation Program
Graphic 8.0.2: Installing in-stream sampling equipment Graphic: 8.0.1: In-stream sampling equipment229
SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 2
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SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 3
8.1 Introduction
The MS4 strives to improve waterway health, protect public safety, and comply with its MS4 Permit by
preforming sampling, testing, and reporting of stormwater discharges by completing the following:
Identifying Impaired Waterbodies,
Storm Event Monitoring,
Impaired Waterbody Body Monitoring, and
BMP Effectiveness Monitoring.
This SWMP contains a complete record of the MS4’s water quality data collected since 2017. However,
evaluations are completed on data for only the 2022 – 2027 MS4 Permit term. Data gathered and
evaluated from sampling protocols is used to advise policy, capital, and operational decisions, and
provides a data-driven performance metric communicated to the public.
8.2 Impaired Waterbodies Identification
There are four named impaired waterbodies which receive stormwater discharges from the MS4;
Bozeman Creek, a.k.a. Sourdough Creek, Mandeville Creek, Bridger Creek and the East Gallatin River.
The most recent impairment information is obtained from Montana DEQ’s Clean Water Act Information
Center (http://cwaic.mt.gov/). Table 8.2.1 provides a summary of impairments for each waterbody.
SWMP Section 4.8 contains an inventory of outfalls discharging to imparied waterbodies.
Table 8.2.1: MS4 Waterbody TMDL Impairments
Total
Suspended
Solids
(TSS)
Total
Nitrogen
(TN)
Total
Phosphorus
(TP)
E. coli Chlorophyll-a Alteration in stream-side
or littoral vegetative cover
Bozeman Creek X X X X X
Mandeville Creek X X
Bridger Creek X X
East Gallatin River X X
Montana DEQ completed TMDL assessments on the above waterbodies to determine pollutant
impairments and MS4 Waste Load Allocations (WLA). Bozeman Creek is the only identified waterbody
with an WLA assigned to the MS4, that being for TSS. The MS4 is not assigned a WLA for total nitrogen,
total phosphorus, E. coli, cholorphyll-a, or alterations in stream-side or littoral vegetative cover. As a
result the MS4 prioritizes sediment reduction BMPs which are describe in SWMP Sections 2.0, 3.0, 4.0,
5.0, 6.0, and 7.0.
8.3 Regulatory Requirements
The MS4 General Permit requires the MS4 to perform sampling, testing, and reporting of stormwater
discharges, semi-annually, during storm events resulting in a measurable amount of discharge. The MS4
implements sampling protocols that document stormwater discharge quality, quantify impacts to
impaired waterbodies, evaluate BMP effectiveness, and track long-term trends in aquatic life. Sampling
protocols include:
Monitor stormwater discharges based on residential and commercial/industrial land-use types
See SWMP Section 8.4 Storm Event Monitoring
Impaired Waterbody/TMDL Related Monitoring: Bozeman and Mandeville Creeks
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SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 4
See SWMP Section 8.5 In-Stream Wet-Weather Monitoring, SWMP Section 2.3 TMDL Action
Plan, and SWMP Section 2.6 Pollution Reduction Totals.
BMP Effectiveness Monitoring for BMPs implemented to reduce pollutant loading from the MS4
to impaired waters.
See SWMP Section 8.6 Sediment Reduction Monitoring and SWMP Section 2.6 Pollution
Reduction Totals.
Impaired Waterbody Monitoring
See SWMP Section 8.7 Long-Term Trend Monitoring
For Storm Event and In-Stream Wet-Weather monitoring, the MS4 conducts sampling, testing, and
reporting of the following parameters:
Total Suspended Solids (TSS), mg/L
Chemical Oxygen Demand (COD), mg/L
Total Nitrogen (TN), mg/L
Total Phosphorus (TP), mg/L
Copper (Cu), mg/L
Lead (Pb), mg/L
Zinc (Zn), mg/L
Oils and Greases, mg/L
pH, standard units
Estimated Flow, gpm
E. coli
E. coli samples are obtained only from Bozeman Creek sampling locations UPS_01 and DWS_01.
SWMP Sections 8.6 and 8.7 describe parameters measured and data collected for Sediment Reduction
and Long-Term Trend Monitoring.
232
SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 5
Graphic 8.3.1: Stormwater Sampling Locations
233
SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 6
8.4 Storm Event Monitoring
Introduction: The MS4 collects semi-annual Storm Event samples from representative watersheds to
characterize pollutant loading occurring from both residential and commercial/industrial land-use types
before system treatment, such as stormwater basins, sumps, infiltration galleries, and mechanical
separation.
Locations: The MS4 has a network of four Storm Event monitoring locations: two within residential
drainage basins and two within commercial/industrial drainage basins, including:
Site: RES_01
Location: Near the intersection of S. Bozeman Ave. and E. Garfield St.
Land-use: Residential
Drainage Basin: Seven acres
Inlet ID: I.F06.00082
Latitude, Longitude: 45.667143, -111.034725
Inlet ID: I.F06.00083
Latitude, Longitude: 45.667143, -111.034724
Site: IND_01
Location: Near Commercial Dr. cul-de-sac (west)
Land-use: Commercial and Industrial
Drainage Basin: 10 acres
Inlet ID: I.E01.00184
Latitude, Longitude: 45.703061, -111.030112
Inlet ID: I.E01.00185
Latitude, Longitude: 45.703164, -111.030428
Site: RES_02
Location: MSU Campus near the intersection of S. 12th Ave. and W. Garfield St.
Land-use: Residential
Drainage Basin: Four acres
Inlet ID: I.H06.00329
Latitude, Longitude: 45.666911, -111.054301
Inlet ID: I.H06.00259
Latitude, Longitude: 45.666970, -111.054226
Site: IND_02
Location: MSU Campus near the intersection of S. 6th Ave. and W. Garfield St.
Land-use: Industrial
Drainage Basin: Two acres
Inlet ID: I.G06.00603
Latitude, Longitude: 45.664409, -111.044957
Inlet ID: I.G06.00630
Latitude, Longitude: 45.664409, -111.044942
Methods: The MS4 collects Storm Event samples from storm sewer inlets at each site using Thermo-
Scientific Nalgene Samplers (Samplers). Before runoff events, Staff installs each Sampler at the selected
inlet grate and positions it to collect the first flush of urban runoff. Once full, the Sampler closes itself
prohibiting additional collection or dilution of the original sample.
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SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 7
Analysis: The MS4 collects, composites, and delivers samples to a certified laboratory, which analyzes
the parameters identified in SWMP Section 8.3.
The MS4 estimates flow, in gallons per minute (gpm), using the Rational Formula where:
Q = CiA
Q: Peak runoff rate (cfs converted to gpm)
C: Runoff coefficient (C-Factor, Bozeman Engineering Standards)
i: Rainfall intensity (in./hr.)
A : Drainage area (acres)
Table 8.4.1: Sampling Location Runoff Coefficients (C-Factors)
Location Name Primary Land Use Runoff Coefficient (C-Factor)
RES_01 Low to Medium Density Residential 0.35
RES_02 Dense Residential 0.50
IND_01 Industrial 0.80
IND_02 Industrial 0.80
Table 8.4.2: Storm Event Monitoring Results * Reporting Limit (RL)
Site TSS
mg/L
Oil &
Grease
mg/L
Total
Nitro.
mg/L
Phosp.
mg/L
Zinc
mg/L
Lead
mg/L
Cu
mg/L
COD
mg/L pH Flow
gpm
RES_01: 2017 (1) 203 2.00 6.20 0.908 0.1160 0.0052 0.0220 251.00 6.7 77.0
RES_01: 2017 (2) 368 5.10 RL 12.00 1.230 0.1790 0.0073 0.0300 175.00 7.0 44.0
RES_01: 2018 (1) 460 4.00 14.00 1.920 0.2720 0.0092 0.0290 708.00 6.4 55.0
RES_01: 2018 (2) 113 1.00 RL 2.30 0.544 0.1220 0.0033 0.0130 129.00 6.5 22.0
RES_01: 2019 (1) 5890 6.00 28.80 8.400 2.0200 0.1750 0.3380 3330.00 7.4 49.5
RES_01: 2019 (2) 206 1.00 RL 5.50 0.680 0.2100 0.0060 0.0240 258.00 6.9 14.3
RES_01: 2020 (1) 2300 3.00 21.50 4.400 0.6200 0.0530 0.0760 1340.00 6.7 110.0
RES_01: 2020 (2) 109 1.00 RL 3.40 0.6400 0.1400 0.0040 0.0200 363.00 6.3 49.5
RES_01: 2021 (1) 419 3.00 13.40 1.5100 0.2100 0.0100 0.0410 559.00 6.9 66.0
RES_01: 2021 (2) 154 1.00 RL 13.10 1.3800 0.3500 0.0100 0.0460 729.00 6.2 23.5
RES_01: 2022 (1) 300 2.00 7.10 1.2600 0.2200 0.0110 0.0400 287 6.8 48.8
RES_01: 2022 (2) 963 1.00 14.20 3.5100 1.0700 0.0460 0.1200 1140 6.6 121.0
RES_01: 2023 (1) 880 2.00 14.20 3.1400 1.5000 0.0820 0.1950 978 7.2 27.5
RES_01: 2023 (2) 304 4.80 RL 6.70 1.3300 0.1160 0.0054 0.0188 596 6.9 10.0
RES_01: 2024 (1) 1650 4.70 RL 8.36 2.6300 0.1320 0.0184 0.0215 1080 7.2 55.0
RES_01: 2024 (2) 250.0 4.60 RL 5.18 0.5900 0.1330 0.0057 0.0132 335 7.8 219.0
RES_01: 2025 (1) - - - - - - - - - -
RES_01: 2025 (2) - - - - - - - - - -
RES_01: 2026 (1) - - - - - - - - - -
RES_01: 2026 (2) - - - - - - - - - -
RES_01 Median 336.0 2.50 10.18 1.3550 0.2100 0.0096 0.0295 577.50 6.9 60.5
RES_02: 2017 (1) - - - - - - - - - -
RES_02: 2017 (2) - - - - - - - - - -
RES_02: 2018 (1) 1430 15.00 8.40 2.030 0.6520 0.0367 0.0840 605.00 7.0 18.0
RES_02: 2018 (2) 199 3.00 3.40 0.457 0.2610 0.0081 0.0220 234.00 6.8 18.0
RES_02: 2019 (1) 806 9.00 8.60 1.930 0.5000 0.0410 0.0820 579.00 7.5 40.39
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SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 8
Table 8.4.2: Storm Event Monitoring Results * Reporting Limit (RL)
Site TSS
mg/L
Oil &
Grease
mg/L
Total
Nitro.
mg/L
Phosp.
mg/L
Zinc
mg/L
Lead
mg/L
Cu
mg/L
COD
mg/L pH Flow
gpm
RES_02: 2019 (2) 568 8.00 17.50 2.060 0.7500 0.0220 0.0810 1100.00 6.8 11.7
RES_02: 2020 (1) 1490 3.00 9.80 2.220 0.5100 0.0300 0.0490 487.00 6.8 89.76
RES_02: 2020 (2) 176 3.00 7.40 0.800 0.2900 0.0070 0.0260 382.00 6.4 40.4
RES_02: 2021 (1) 701 2.00 11.20 1.52 0.4200 0.0180 0.0490 601.00 6.8 62.84
RES_02: 2021 (2) 334 4.00 13.90 1.360 0.9200 0.0230 0.0710 835.00 6.3 19.21
RES_02: 2022 (1) 613 3.00 7.40 1.420 0.4000 0.0200 0.0480 613.00 7.9 39.6
RES_02: 2022 (2) 1780 5.00 6.90 2.520 1.2400 0.0840 0.1130 379.00 6.8 98.75
RES_02: 2023 (1) 2830 3.00 20.70 7.8000 1.6800 0.1600 0.2000 1640 7.1 22.44
RES_02: 2023 (2) 298.0 7.60 2.68 0.961 0.0928 0.0056 0.0091 121.00 7.5 17.95
RES_02: 2024 (1) 1550 4.70 RL 7.06 2.610 0.0183 0.0342 0.0268 440.00 7.0 44.88
RES_02: 2024 (2) 403.0 4.70 RL 7.47 0.203 0.1980 0.0122 0.0212 360.00 7.4 215.4
RES_02: 2025 (1) - - - - - - - - - -
RES_02: 2025 (2) - - - - - - - - - -
RES_02: 2026 (1) - - - - - - - - - -
RES_02: 2026 (2) - - - - - - - - - -
RES_02 Median 657.0 4.35 7.94 1.725 0.4600 0.0225 0.0490 533.00 6.9 62.8
IND_01: 2017 (1) 149 4.00 17.30 1.380 0.5780 0.0160 0.0440 292.00 7.0 251.4
IND_01: 2017 (2) 1820 5.10 RL 11.68 1.320 33.3500 0.0371 0.0867 151.00 6.9 143.6
IND_01: 2018 (1) 602 15.00 8.50 1.890 4.7100 0.0371 0.0620 606.00 7.3 179.5
IND_01: 2018 (2) 293 4.00 3.40 0.588 0.1910 0.0081 0.0270 195.00 7.0 71.8
IND_01: 2019 (1) 1470 4.00 4.90 1.960 1.5600 0.1020 0.1620 647.00 7.6 161.6
IND_01: 2019 (2) 333 2.00 10.70 0.940 0.8800 0.0250 0.0700 651.00 7.2 46.7
IND_01: 2020 (1) 2880 2.00 17.10 6.800 2.7200 0.1070 0.2450 1240.00 6.7 359.1
IND_01: 2020 (2) 347 2.00 4.80 0.880 1.7600 0.0280 0.0540 347.00 7.2 161.6
IND_01: 2021 (1) 655 2.000 9.20 2.380 2.4100 0.0350 0.080 602.00 7.1 251.0
IND_01: 2021 (2) 438.0 9.00 12.30 1.470 0.7700 0.0200 0.0830 806.00 6.3 15.4
IND_01: 2022 (1) 170.0 2.00 4.70 0.580 0.6800 0.0570 0.1240 289.00 8.0 158.4
IND_01: 2022 (2) 657.0 2.00 8.50 1.840 3.3800 0.0440 0.1180 399.00 7.2 395.0
IND_01: 2023 (1) 730.0 3.00 7.00 2.360 1.8600 0.0460 0.0970 421.00 7.2 89.0
IND_01: 2023 (2) 288.0 4.70 4.71 0.586 1.8000 0.0158 0.0228 260.00 7.6 71.0
IND_01: 2024 (1) 670.0 4.60 RL 4.54 1.520 0.2710 0.0249 0.0333 280.00 7.3 0.06
IND_01: 2024 (2) 283.0 4.60 RL 3.92 0.651 1.2800 0.0125 0.0298 140.00 7.5 0.16
IND_01: 2025 (1) - - - - - - - - - -
IND_01: 2025 (2) - - - - - - - - - -
IND_01: 2026 (1) - - - - - - - - - -
IND_01: 2026 (2) - - - - - - - - - -
IND_01 Median 522.0 3.50 7.75 1.450 1.7800 0.0361 0.0844 373.00 7.2 215.3
IND_02: 2017 (1) - - - - - - - - - -
IND_02: 2017 (2) - - - - - - - - - -
IND_02: 2018 (1) 899 4.00 8.80 1.600 0.5600 0.0158 0.0570 592.00 6.7 14.4
IND_02: 2018 (2) 380 5.00 4.40 0.737 0.2450 0.0099 0.0320 271.00 3.4 14.4
IND_02: 2019 (1) 2570 10.00 2.00 4.440 1.3500 0.0780 0.1760 1420.00 7.6 32.3
IND_02: 2019 (2) 301 3.00 10.20 1.440 0.8200 0.0260 0.1000 634.00 6.8 9.3
IND_02: 2020 (1) 1040 3.00 5.20 1.410 0.6200 0.0230 0.0590 730.00 7.0 71.8
IND_02: 2020 (2) 225 2.00 4.00 0.810 0.3000 0.0080 0.0300 248.00 6.2 32.3
IND_02: 2021 (1) 508 4.00 9.90 1.230 0.4000 0.0170 0.0560 713.00 6.6 50.3
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SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 9
Table 8.4.2: Storm Event Monitoring Results * Reporting Limit (RL)
Site TSS
mg/L
Oil &
Grease
mg/L
Total
Nitro.
mg/L
Phosp.
mg/L
Zinc
mg/L
Lead
mg/L
Cu
mg/L
COD
mg/L pH Flow
gpm
IND_02: 2021 (2) 438 9.00 12.30 1.470 0.7700 0.0200 0.0830 806.00 6.3 15.4
IND_02: 2022 (1) 270 1.00 3.70 0.630 0.1900 0.0060 0.0280 320.00 7.1 31.7
IND_02: 2022 (2) 1650 9.00 7.40 3.250 1.3100 0.0610 0.1290 539.00 6.6 79.0
IND_02: 2023 (1) 1930 2.00 8.50 2.720 0.7800 0.0520 0.1260 829.00 6.8 18.0
IND_02: 2023 (2) 712.0 14.40 6.78 1.220 0.2460 0.0359 0.0483 532.00 7.5 79.0
IND_02: 2024 (1) 1050 4.70 5.73 2.220 0.2630 0.0285 0.0310 460.00 7.3 35.9
IND_02: 2024 (2) 2260 4.70 15.60 0.479 0.7780 0.0510 0.0936 775.00 7.4 172.4
IND_02: 2025 (1) - - - - - - - - - -
IND_02: 2025 (2) - - - - - - - - - -
IND_02: 2026 (1) - - - - - - - - - -
IND_02: 2026 (2) - - - - - - - - - -
IND_02 Median 805.5 4.35 7.09 1.425 0.5900 0.0245 0.0580 613.00 6.8 32.3
Evaluation: The MS4 evaluates the data using the following Scoring Matrix (Matrix) and protocol to
interpret and communicate the results. An annual median pollutant concertation is determined from
the two annual sampling events. The Matrix assigns points for each parameter ranging from 0 to 4,
representing the percent difference between each parameter’s annual median and its long-term
median.
Table 8.4.3: Storm Event Monitoring: Scoring Matrix
4-Points 3-Points 2-Points 1-Point 0-Points
< 0 – 40% 40.1 – 80 % 80.1 – 120% 120.1 –160% > 160%
Example: The annual median between both semi-annual 2023 RES_01 TSS samples is 592.0 mg/L with a
long-term median of 336.0 mg/l, representing a 76.2% difference between the 2023 results and the long-
term median. The MS4 assigns one (1) point. The same approach applies to all sites and parameters.
Percent change is determined using the following formula:
% = ((Y2 – Y1) / Y1) * 100
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SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 10
Table 8.4.4: Storm Event Monitoring: RES_01
Parameter Year
2022 2023 2024 2025 2026
TSS 2 3 1
Oil and Grease 4 3 2
Total Nitrogen 4 4 4
Phosphorus 2 3 4
Zinc 0 0 4
Lead 0 0 4
Copper 1 0 4
COD 2 4 4
pH 4 4 4
Annual Points: 19 21 31
Table 8.4.5: Storm Event Monitoring: IND_01
Parameter Year
2022 2023 2024 2025 2026
TSS 4 4 4
Oil and Grease 4 4 3
Total Nitrogen 4 4 4
Phosphorus 4 4 4
Zinc 4 4 4
Lead 4 4 4
Copper 3 4 4
COD 4 4 4
pH 4 4 4
Annual Points: 35 36 35
Table 8.4.6: Storm Event Monitoring: RES_02
Parameter Year
2022 2023 2024 2025 2026
TSS 2 1 3
Oil and Grease 4 3 4
Total Nitrogen 4 4 4
Phosphorus 4 1 4
Zinc 2 2 4
Lead 1 0 4
Copper 4 2 4
COD 4 3 4
pH 4 4 4
Annual Points: 29 20 35
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SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 11
Table 8.4.7: Storm Event Monitoring: IND_02
Parameter Year
2022 2023 2024 2025 2026
TSS 2 2 2
Oil and Grease 4 2 4
Total Nitrogen 4 4 3
Phosphorus 4 4 4
Zinc 4 4 4
Lead 2 2 3
Copper 4 3 4
COD 4 4 4
pH 4 4 4
Annual Points: 32 29 32
The MS4 sums the individual scores to obtain an Annual Point Total and calculates a Final Score by each
summing the Annual Point Totals from each site. Finally, Total Points are divided by the Possible Points
to calculate the Final Score and the Final Score is transferred to SWMP Section 8.8.
Table 8.4.8: Storm Event Monitoring: Results
Sites 2022 2023 2024 2025 2026
RES_01 Annual Points 19 21 31
IND_01 Annual Points 35 36 35
RES_02 Annual Points 29 20 35
IND_02 Annual Points 32 29 32
Total Points: 115 106 133
Possible Points: 144 144 144 144 144
Final Score (decimal): .80 .74 0.92
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SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 12
Graphic 8.4.1: Storm Event Monitoring Location Map
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SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 13
8.5 In-Stream Wet-Weather Monitoring
Introduction: The MS4 conducts semi-annual in-stream wet-weather monitoring on impaired
waterbodies to document impacts of urban runoff to Bozeman and Mandeville Creeks. Combined, the
Creeks receive urban runoff from over 1,700 acres of dense development at over 100 individual
discharge points/outfalls. Non-point source pollution sources exist upstream of the MS4 as identified in
the Lower Gallatin Planning Area TMDL.
Sites: The MS4 monitors two (2) locations on Bozeman Creek and two (2) locations on Mandeville Creek.
Each creek has one (1) sampling site upstream and one (1) downstream of the MS4 boundary. Sample
sites include:
Site: UPS_01
Location: Bozeman Creek upstream of MS4, south of Kagy Blvd.
Latitude, Longitude: 45.657248, -111.028584
Site: DWS_01
Location: Bozeman Creek downstream of MS4, near Gold Ave.
Latitude, Longitude: 45.699668, -111.027347
Site: UPS_02
Location: Mandeville Creek upstream of MS4, near Campus Blvd.
Latitude, Longitude: 45.656506, -111.058038
Site: DWS_02b
Location: Mandeville Creek downstream of MS4, near Frontage Rd.
Latitude, Longitude: 45.712845, -111.055229
Added in 2022 as a replacement for original site DWS_02. Replacement needed due to
development.
Methods: The MS4 collects in-stream samples using Thermo-Scientific Nalgene Samplers (Sampler).
Before rain events, Staff mounts each Sampler to a metal post driven into the creek bed and positions it
to collect a sample as soon as the water levels rise from the first flush. The Sampler closes itself and
does not allow additional collection or dilution of the original sample once full.
Analysis: The MS4 collects, composites, and delivers samples to a certified laboratory, which analyzes
the parameters identified in SWMP Sec 8.3.
Bozeman Creek’s stream flow is gathered from real time data at the Bozeman Creek gaging station.
241
Table 8.5.1: In-Stream Wet-Weather Monitoring Results Reporting Limit (RL)
Site TSS mg/L
Oil &
Grease
mg/L
Total
Nitro.
mg/L
Phosp. mg/L Zinc mg/L Lead mg/L Copper mg/L COD mg/L pH
UPS_01: 2017 (1) 7 5.80 RL 0.41 0.085 0.0054 0.0005 0.0036 11.6 8.2
UPS_01: 2017 (2) 14 1.00 RL 0.50 RL 0.022 0.0100 RL 0.0010 RL 0.0050 RL 15.0 8.1
UPS_01: 2018 (1) 14 1.00 RL 0.50 RL 0.052 0.0100 RL 0.0010 RL 0.0050 RL 10.0 8.1
UPS_01: 2018 (2) 10 RL 1.00 RL 0.60 0.028 0.0090 0.003 RL 0.0020 RL 5.0 RL 8.3
UPS_01: 2019 (1) 30 7.60 RL 2.79 0.147 0.0505 0.0010 RL 0.0017 9.0 7.7
UPS_01: 2019 (2) 72 1.00 RL 1.60 0.160 0.0300 0.0010 RL 0.0050 RL 5.0 RL 8.2
UPS_01: 2020 (1) 74 1.00 RL 0.50 RL 0.260 0.0200 0.0010 RL 0.0050 RL 26.0 8.1
UPS_01: 2020 (2)* 22 1.00 RL 0.50 RL 0.035 0.0100 RL 0.0010 RL 0.0050 RL 5.0 RL 8.3
UPS_01: 2021 (1) 10 RL 1.00 RL 0.70 0.063 0.0100 RL 0.0010 RL 0.0050 RL 9.0 8.4
UPS_01: 2021 (2) 10 RL 1.00 RL 1.10 0.042 0.0100 RL 0.0010 RL 0.0050 RL 62.0 8.0
UPS_01: 2022 (1) 21.0 1.00 RL 0.50 RL 0.094 0.0100 RL 0.0010 RL 0.0050 RL 25.0 8.0
UPS_01: 2022 (2) 10.0 1.00 RL 1.60 0.026 0.0100 RL 0.0010 RL 0.0050 RL 6.00 8.2
UPS_01: 2023 (1) 26.0 1.00 RL 0.50 RL 0.067 0.0100 RL 0.0010 RL 0.0050 RL 15.0 7.9
UPS_01: 2023 (2) 26.0 1.00 0.50 0.067 0.0100 RL 0.0010 0.0050 15.0 7.9
UPS_01: 2024 (1) 48.0 4.60 0.22 0.0531 0.0074 0.0007 0.0014 19.00 8.0
UPS_01: 2024 (2) 6.0 4.90 RL 1.05 0.0200
RL 0.0089 0.0005 RL 0.0008 15.0 8.2
UPS_01: 2025 (1) - - - - - - - - -
UPS_01: 2025 (2) - - - - - - - - -
UPS_01: 2026 (1) - - - - - - - - -
UPS_01: 2026 (2) - - - - - - - - -
UPS_01 Median 14.0 1.00 0.55 0.053 0.0100 0.0010 0.0050 10.8 8.2
UPS_02: 2017 (1) - - - - - - - - -
UPS_02: 2017 (2) - - - - - - - - -
UPS_02: 2018 (1) 185 1.00 RL 3.10 0.430 0.0330 0.0027 0.0060 49.0 8.2
UPS_02: 2018 (2) 53 1.00 RL 0.50 RL 0.081 0.0180 0.0004 0.0020 16.0 8.1
UPS_02: 2019 (1) 10 6.8 RL 0.74 0.153 0.0422 0.0010 RL 0.0034 6.0 7.9
UPS_02: 2019 (2) 30 1.00 RL 0.80 0.144 0.0300 0.0010 RL 0.0050 RL 5.0 8.1
UPS_02: 2020 (1) 16 1.00 RL 0.80 0.080 0.0100 RL 0.0010 RL 0.0050 RL 11.0 8.3
UPS_02: 2020 (2) 10 RL 1.00 RL 0.60 0.066 0.0200 0.0010 RL 0.0050 RL 5.0 8.4
UPS_02: 2021 (1) 10 RL 1.00 RL 0.80 0.078 0.0100 RL 0.0010 RL 0.0050 RL 23.00 7.8
UPS_02: 2021 (2) 20.0 1.00 RL 1.30 0.224 0.0100 RL 0.0010 RL 0.0050 RL 34.00 7.9
UPS_02: 2022 (1) 11.0 1.00 RL 4.60 0.079 0.0100 RL 0.0010 RL 0.0050 RL 22.00 8.1
UPS_02: 2022 (2)** N/A N/A N/A N/A N/A N/A N/A N/A N/A
UPS_02: 2023 (1) 2.0 4.70 1.01 0.081 0.0019 0.0005 0.0013 26.00 7.7
UPS_02: 2023 (2) 6.0 4.90 0.10 RL 0.066 0.0136 0.0005 0.0011 10.00 7.8
UPS_02: 2024 (1) 48.0 4.70 RL 1.16 0.062 0.0114 0.0009 0.0014 22.00 7.9
UPS_02: 2024 (2) 12.0 4.90 RL 0.10 RL 0.072 0.0041 0.0006 0.0008 13.00 8.0
UPS_02: 2025 (1) - - - - - - - - -
UPS_02: 2025 (2) - - - - - - - - -
UPS_02: 2026 (1) - - - - - - - - -
UPS_02: 2026 (2) - - - - - - - - -
UPS_02: Median 12.0 1.00 0.80 0.080 0.0114 0.0010 0.0050 16.00 8.0
DWS_01: 2017 (1) 10 RL 5.40 RL 0.55 0.088 0.0070 0.0006 0.0036 15.3 8.2
DWS_01: 2017 (2) 134 1.00 RL 1.80 0.264 0.0300 0.0060 0.0060 42.0 8.1
DWS_01: 2018 (1) 34 1.00 RL 0.50 RL 0.082 0.0100 RL 0.0010 RL 0.0005 RL 18.0 8.1
*: Replacement sample collected on 4/8/21, per MS4 Permit Pat IV.6.b.
**: UPS_02: 2022 (2) sample was not collected. The upstream reach of Mandeville Creek was dry during the July 1 – Dec. 31 sampling event timeframe. Adjacent
long-term construction dewatering possibly affected flows.
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SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 15
Table 8.5.1: In-Stream Wet-Weather Monitoring Results Reporting Limit (RL)
Site TSS
mg/L
Oil &
Grease mg/L
Total
Nitro. mg/L
Phosp.
mg/L
Zinc
mg/L Lead mg/L Copper
mg/L
COD
mg/L pH
DWS_01: 2018 (2) 17 1.00 RL 0.70 0.057 0.0220 0.0007 0.0002 RL 14.0 8.3
DWS_01: 2019 (1) 100 7.00 3.00 0.238 0.1100 0.0021 0.0045 13.0 7.9
DWS_01: 2019 (2) 350 1.00 RL 3.40 0.645 0.1400 0.0140 0.0210 94.0 8.2
DWS_01: 2020 (1) 58 1.00 RL 0.50 RL 0.141 0.0300 0.0030 0.0050 28.0 8.2
DWS_01: 2020 (2)* 10 RL 1.00 RL 0.05 RL 0.039 0.0100 RL 0.0010 RL 0.0050 RL 9.0 8.5
DWS_01: 2021 (1) 10 RL 1.00 RL 0.70 0.063 0.0100 RL 0.0010 RL 0.0050 RL 9.0 8.4
DWS_01: 2021 (2) 55 1.00 RL 3.20 0.306 0.0400 0.0200 0.0080 100.0 8.0
DWS_01: 2022 (1) 37.0 1.00 RL 1.10 0.168 0.0200 0.0020 0.0070 31.0 7.8
DWS_01: 2022 (2) 10 RL 1.00 RL 1.60 0.026 0.0100 RL 0.0010 RL 0.0050 RL 6.0 8.2
DWS_01: 2023 (1) 85.0 2.00 1.40 0.220 0.0600 0.0040 0.0070 60.00 7.9
DWS_01: 2023 (2) 958.0 4.90 0.0033 0.0089 0.0526 0.0115 0.0132 180.0 8.1
DWS_01: 2024 (1) 98.0 4.70 RL 1.01 0.137 0.0146 0.0017 0.0028 23.00 8.0
DWS_01: 2024 (2) 6.0 4.80 RL 1.05 0.062 0.0021 0.0005 RL 0.0006 12.00 8.2
DWS_01: 2025 (1) - - - - - - - - -
DWS_01: 2025 (2) - - - - - - - - -
DWS_01: 2026 (1) - - - - - - - - -
DWS_01: 2026 (2) - - - - - - - - -
DWS_01: Median 38.0 1.00 1.08 0.119 0.0173 0.0013 0.0050 17.00 8.2
DWS_02: 2017 (1) - - - - - - - - -
DWS_02: 2017 (2) - - - - - - - - -
DWS_02: 2018 (1) 297 1.00 RL 2.80 0.368 0.0700 0.0168 0.0150 53.0 8.2
DWS_02: 2018 (2) 43 1.00 RL 0.80 0.102 0.0280 0.0026 0.0030 18.0 8.2
DWS_02: 2019 (1) 1180 6.80 3.38 1.340 0.1240 0.0222 0.0173 123.0 8.0
DWS_02: 2019 (2) 84 1.00 RL 2.00 0.235 0.0500 0.0040 0.0050 RL 7.0 8.3
DWS_02: 2020 (1) 190 1.00 RL 2.40 0.365 0.0700 0.0100 RL 0.0130 63.0 8.1
DWS_02: 2020 (2) 68 1.00 RL 2.10 0.191 0.0400 0.0030 0.0080 63.0 8.1
DWS_02: 2021 (1) 19.0 1.00 RL 1.10 0.080 0.0100 RL 0.0010 RL 0.0050 RL 12.0 8.3
DWS_02: 2021 (2) 200 1.00 RL 3.30 0.464 0.0900 0.0100 0.0110 95.0 8.1
DWS_02b: 2022 (1) 29 1.00 RL 1.00 0.103 0.0100 RL 0.0010 RL 0.0050 RL 36.0 8.1
DWS_02b: 2022 (2) 2000 1.00 RL 30.50 2.930 0.4900 0.0740 0.0880 770.0 8.4
DWS_02b: 2023 (1) 10.0 4.70 0.0100 0.104 0.0019 0.0005 RL 0.0013 11.00 7.7
DWS_02b: 2023 (2) 958.0 4.90 0.0033 0.0089 0.0526 0.0115 0.0132 180.0 8.1
DWS_02b: 2024 (1) 632.0 4.70 RL 2.66 0.707 0.0351 0.0082 0.0082 45.0 8.1
DWS_02b: 2024 (2) 199.0 4.90 RL 2.24 0.365 0.0316 0.0047 0.0051 49.0 8.4
DWS_02b: 2025 (1) - - - - - - - - -
DWS_02b: 2025 (2) - - - - - - - - -
DWS_02b: 2026 (1) - - - - - - - - -
DWS_02b: 2026 (2) - - - - - - - - -
DWS_02b Median 194.5 1.00 2.17 0.300 0.0450 0.0065 0.0081 47.0 8.2
Evaluation: The MS4 evaluates the data using the following Scoring Matrix (Matrix) and protocol to
interpret and communicate the results. Annual median pollutant concentrations are determined for
downstream sites (DWS_01 and DWS_02b) from the two sampling events. The Matrix assigns points for
each parameter ranging from 0 to 4, representing the percent difference between each parameter’s
*: Replacement sample collected on 4/8/21, per MS4 Permit Pat IV.6.b.
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SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 16
annual median and the long-term median. E. coli is evaluated separately, and not included in the final
point totals, due to limited data.
Percent change is determined using the following formula:
% = ((Y2 – Y1) / Y1) * 100
For example, 2023 DWS_01 TSS Annual Median is 62.0 mg/l, and the long-term median is 38.0 mg/l.
((62.0 – 38.0)/38.0) x 100 = 63.2% increase, resulting in a score of 1-point.
Table 8.5.2: In-Stream Wet-Weather Monitoring: Scoring Matrix
4-Points 3-Points 2-Points 1-Point 0-Points
< 0 – 40% 40.1 – 80 % 80.1 – 120% 120.1 –160% > 160%
The MS4 relates results to the Matrix and then populates the appropriate In-Stream Wet-Weather
Monitoring charts with the corresponding scores.
Table 8.5.3: In-Stream Wet-Weather Monitoring: Bozeman Creek DWS_01
Parameter Year
2022 2023 2024 2025 2026
TSS 4 3 4
Oil and Grease 4 0 0
Total Nitrogen 3 4 4
Phosphorus 4 4 4
Zinc 4 3 4
Lead 4 3 4
Copper 4 4 4
COD 4 2 4
pH 4 4 4
Annual Points: 35 27 32
Table 8.5.4: In-Stream Wet-Weather Monitoring: Mandeville Creek DWS_02b
Parameter Year
2022 2023 2024 2025 2026
TSS 0 0 2
Oil and Grease 4 0 0
Total Nitrogen 0 4 4
Phosphorus 0 4 1
Zinc 0 4 4
Lead 0 4 4
Copper 0 4 4
COD 0 2 4
pH 4 4 4
Annual Points: 8 26 27
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SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 17
The MS4 sums points for each parameter to obtain an Annual Points total for Mandeville and Bozeman
Creeks. The Annual Point totals are then summed to obtain a Total Points. A Final Score is obtained by
dividing the Total Points by Possible Points. The MS4 transfers the Final Score to SWMP Section 8.8.
Table 8.5.5: In-Stream Wet-Weather Monitoring: Results
Parameter 2022 2023 2024 2025 2026
Bozeman Creek Annual Points 35 27 32
Mandeville Creek Annual Points 8 26 27
Total Points: 43 53 59
Possible Points: 72 72 72
Final Score (decimal): .60 .74 .82
Table 8.5.6: E. Coli Monitoring Results
Site E. Coli
(MPN/100ml)
UPS_01: 2023 (1) 218.7
UPS_01: 2023 (2) 165.8
UPS_01: 2024 (1) 48.7
UPS_01: 2024 (2) 129.6
UPS_01: 2025 (1)
UPS_01: 2025 (2)
UPS_01: 2026 (1)
UPS_01: 2026 (2)
UPS_01: 2027 (1)
UPS_01: 2027 (2)
UPS_01 Median 147.7
Table 8.5.7: E. Coli Monitoring Results
Site E. Coli
(MPN/100ml)
DWS_01: 2023 (1) 118.7
DWS _01: 2023 (2) 579.4
DWS _01: 2024 (1) 105.0
DWS _01: 2024 (2) 261.3
DWS _01: 2025 (1)
DWS _01: 2025 (2)
DWS _01: 2026 (1)
DWS _01: 2026 (2)
DWS _01: 2027 (1)
DWS _01: 2027 (2)
DWS_01 Median 190.0
Evaluation: The MS4 will evaluate the data once five years of data is collected.
245
SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 18
Graphic 8.5.6: In-Stream Wet-Weather Monitoring Map
Graphic 8.5.1: In-Stream Wet-Weather Monitoring Map
246
SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 19
8.6 Sediment Reduction Monitoring
Introduction: The MS4 conducts Sediment Reduction Monitoring to comply with the Montana DEQ’s
sediment load reduction requirements detailed in the 2013 Lower Gallatin Planning Area TMDL and to
evaluate BMP effectiveness at reducing sediment loads to Bozeman and Mandeville Creeks and the East
Gallatin River. The MS4 tracks tons captured in BMPs detailed in the TMDL Action Plan (SWMP Sections
2.3 and 2.6).
Table: 8.6.1: Bozeman Creek Sediment Waste Load Reduction
Sediment Source Estimated Load Waste Load
Allocation
Required Load
Reduction Load Reduction
MS4 218 tons/year 137 tons/year 37% 81 tons/year **DEQ Imposed**
Table 8.6.2: Mandeville Creek Sediment Waste Load Reduction
Sediment Source Estimated Load Waste Load
Allocation
Required Load
Reduction Load Reduction
MS4 None None None 10 tons/year **Self Imposed**
Table 8.6.3: East Gallatin River Sediment Waste Load Reduction
Sediment Source Estimated Load Waste Load
Allocation
Required Load
Reduction Load Reduction
MS4 None None None 10 tons/year **Self Imposed**
Sites: Stormwater treatment units described in SWMP Sections 2.6.
Method:
1. Measure distance from top of treatment unit manhole (TOM) to top of sediment (TOS) captured
in the treatment unit sump.
2. Subtract the TOM/TOS measurement from the known total treatment unit depth to obtain total
sediment depth.
3. Calculate sediment volume using the formula: V = (πr2)h, where:
V = volume of a cylinder
Π = 3.14
r = ½ of treatment unit sump diameter
h = total sediment depth
4. Convert volume to tons by using an assumed sand weight ratio of .056 tons = 1 cubic foot of
sand.
Analysis: The MS4 analyzes the following parameter:
TSS (tons)
Evaluation: The MS4 enters data into a local spreadsheet for safe record upon receipt. Further, the MS4
incorporates the data into the following Scoring Matrix (Matrix) to interpret, evaluate, and
communicate the results. The Matrix includes scores ranging from 0 to 4-points, which relate to total
annual sediment capture. For example, a load reduction for Bozeman Creek of ≥ 81 tons equals 4-points,
60 – 80 tons equals 3-points, 40 – 59 tons equals 2-points, 20 – 39 tons equals 1-point, and 0 – 19 equals
0-points.
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SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 20
Table 8.6.4: Sediment Reduction Monitoring: Scoring Matrix (Bozeman Creek)
Parameter 4-Points 3-Points 2-Points 1-Point 0-Points
Sediment Captured (tons) ≥81 60 – 80 40 – 59 20 – 39 0 – 19
Table 8.6.5: Sediment Reduction Monitoring: Scoring Matrix (Mandeville Creek and East Gallatin River)
Parameter 4-Points 3-Points 2-Points 1-Point 0-Points
Sediment Captured (tons) ≥10 7.5 – 9.9 5.0 – 7.4 2.5 – 4.9 0 – 2.4
Results: The MS4 relates results to the Matrix and then populate the Sediment Reduction Monitoring:
Results chart with the corresponding scores. The MS4 weighs Bozeman Creek more heavily than
Mandeville Creek and the East Gallatin River because of DEQ’s imposed reduction requirements.
Table 8.6.6 Sediment Reduction Totals
Waterbody 2022 2023 2024 2025 2026
Bozeman Creek 43 Tons 73 Tons 70 Tons
Mandeville Creek 6 Tons 6 Tons 5 Tons
East Gallatin River 6 Tons 15 Tons 7 Tons
Total: 55 Tons 94 Tons 82 Tons
The MS4 calculates a Final Score by summing the weighted Annual Points in the Sediment Reduction
Monitoring Results chart and dividing by the Possible Points to calculate the Final Score. Finally, the MS4
transfers the Final Score to SWMP Section 8.8.
Table 8.6.7: Sediment Reduction Monitoring: Results
Waterway 2022 2023 2024 2025 2026
Bozeman Creek Annual
Points (2) x (1.5) = 3 (3) x (1.5) = 4.5 (3) x (1.5) = 4.5
Mandeville Creek Annual
Points (2) x (.5) = 1 (2) x (.5) = 1 (2) x (.5) = 1
East Gallatin River Annual
Points (2) x (.5) = 1 (4) x (.5) = 2 (4) x (.5) = 2
Total Points: 5 7.5 7.5
Possible Points: 10 10 10
Final Score (decimal): 0.50 0.75 0.75
8.7 Long-Term Trend Monitoring
Introduction: Aquatic macroinvertebrate assemblages respond predictably to sedimentation by shifting
from sediment-intolerant to sediment-tolerant taxa. Changes in macroinvertebrate assemblages are
quantified using the Observed: Expected (O:E) ratio biological index model, which compares the
observed taxa at a site with the expected taxa that would be present at a site under a variety of
environmental conditions. Using the percent difference in O:E ratios between upstream and
downstream sites the MS4 is able to assess stormwater discharge impacts to macroinvertebrate
assemblages. A positive percent difference in O:E ratios indicate that stormwater discharges are not
negatively impacting macroinvertebrate community assemblages. Conversely, negative percent
differences in O:E ratios indicate that stormwater discharges are negatively impacting
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SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 21
macroinvertebrate community assemblies. Sedimentation affects macroinvertebrates community
assemblages by:
Filling interstitial voids in gravel substrate
Reducing gravel attachment sites
Altering stream morphology
Increasing stream temperature
Site: The MS4 monitors benthic macroinvertebrates in Bozeman at the In-Stream Wet-Weather
Monitoring Sites (SWMP Section 8.5) UPS_01 an DWS_01. The MS4 ceased macroinvertebrate
monitoring at the Mandeville Creek upstream and downstream locations due to observed dry conditions
at UPS_02 and site constraints at the new DWS_02b site.
Methods: The MS4 derives macroinvertebrate biological index monitoring protocols from MDEQ Sample
Collection, Sorting, and Taxonomic Identification of Benthic Macroinvertebrate Communities Standard
Operating Procedures (one sample taken per location per year).
Analysis: The MS4 collects and preserves macroinvertebrate samples and then delivers to an accredited
lab, which completes the analysis of the following parameters:
Taxonomic Sorting and Identification
Species Abundance
Species Diversity
Observed / Expected Ratios
Percentage of Sediment Tolerant Species
Upon receiving macroinvertebrate analysis results, the MS4 enters the calculated O:E ratios in the table
below and then calculates the percent change between upstream and downstream sites.
Graphic 8.7.1: Monitoring Results: UPS_01 & DWS_01
Year O:E Ratio: UPS_01 O:E Ratio: DWS_01 O:E Ratio (% )
2018 0.20 0.37 +85%
2019 0.33 0.20 -39%
2020 0.29 0.33 +14%
2021 0.84 0.76 -10%
2022 0.71 0.51 -28%
2023 0.61 0.58 5%
2024 0.76 0.63 -17%
Evaluation: The MS4 enters data into a local spreadsheet and stores analysis reports for a safe record
upon receipt. Further, the MS4 analyzes the data using the following Scoring Matrix and protocol to
interpret, evaluate, and communicate the results. The Scoring Matrix includes scores from 0 to 4-points,
which relate to percent change in O:E ratios between the upstream and downstream sites for Bozeman
creek.
Example: An O:E ratio percent change of 0-(-20%) equals 4-points,- 21-(-40%) equals 3-points,- 41-(-60%)
equals 2- points, -61-(-80%) equals 1-point, and >-80% equals 0-points.
Percent change is determined using Equation 2 found in SWMP Section 8.4.
249
SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 22
Example: An upstream Bozeman Creek sample has an O:E ratio of 1.1, and the downstream sample has
an O:E ratio of 0.8. The MS4 finds the difference and divides by the original to arrive at a percentage
((0.8 - 1.1)/1.1) x 100 = -30%, resulting in a score of 3-points.
Table 8.7.3: Long-Term Trend Monitoring: Scoring Matrix
O:E Ratio 4-Points 3-Points 2-Points 1-Point 0-Points
O:E Ratio (% ) >0 – (-20) -21 – (-40) -41 – (-60) -61 – (-80) -81 – (-100)
The MS4 relates results to the Matrix and then populates the Long-Term Trend Monitoring: Results
chart with the corresponding scores and calculates a Final Score by summing the Event Points in the
Long-Term Trend Monitoring: Results chart and dividing by the Possible Points. Finally, the MS4
transfers the Final Score to SWMP Section 8.8.
Table 8.7.4: Long-Term Trend Monitoring: Results
Waterway 2022 2023 2024 2025 2026
Bozeman Creek Event Points 3 4 4
Total Points: 3 4 4
Possible Points: 4 4 4
Final Score (decimal): 0.75 1.0 1.0
8.8 Evaluation
The MS4 calculates a Final Grade to determine the overall effectiveness of its programs and initiatives
detailed in SWMP Section 1.0 to 7.0 by transferring scores from each protocol (SWMP Sections 8.4 - 8.7)
to the Programmatic Evaluation: Final Points chart, and utilizes a weighted sum calculation to make the
four scores comparable.
Table 8.8.1: Programmatic Evaluation: Final Points (2018)
Evaluation Type Final Scores Weight Weighted
Total
Weighted
Total (%)
Storm Event Monitoring .62 .25 .15 15.5%
In-Stream Wet-Weather Monitoring .63 .25 .16 16.0%
Sediment Reduction Monitoring .38 .25 .10 10.0%
Stream Health Monitoring .75 .25 .19 19.0%
Final Weighted Total (%): 60.5%
Table 8.8.2: Programmatic Evaluation: Final Points (2019)
Evaluation Type Final Scores Weight Weighted
Total
Weighted
Total (%)
Storm Event Monitoring 0.47 .25 0.1175 11.75%
In-Stream Wet-Weather Monitoring 0.31 .25 0.0775 7.75%
Sediment Reduction Monitoring 0.50 .25 0.1250 12.50%
Stream Health Monitoring 0.88 .25 0.2200 22.00%
Final Weighted Total (%): 54.0%
250
SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 23
Table 8.8.3: Programmatic Evaluation: Final Points (2020)
Evaluation Type Final Scores Weight Weighted
Total
Weighted
Total (%)
Storm Event Monitoring 0.59 .25 0.1475 14.75%
In-Stream Wet-Weather Monitoring 0.56 .25 0.1406 14.06%
Sediment Reduction Monitoring 0.56 .25 0.1400 14.00%
Stream Health Monitoring 1.0 .25 0.2500 25.00%
Final Weighted Total (%): 67.8%
Table 8.8.4: Programmatic Evaluation: Final Points (2021)
Evaluation Type Final Scores Weight Weighted
Total
Weighted
Total (%)
Storm Event Monitoring 0.49 .25 0.1225 12.25
In-Stream Wet-Weather Monitoring 0.59 .25 0.1475 14.75
Sediment Reduction Monitoring 0.50 .25 0.1250 12.50
Stream Health Monitoring 0.88 .25 0.2200 22.00
Final Weighted Total (%): 61.5
Table 8.8.5: Programmatic Evaluation: Final Points (2022)
Evaluation Type Final Scores Weight Weighted
Total
Weighted
Total (%)
Storm Event Monitoring 0.80 .25 0.1250 12.50
In-Stream Wet-Weather Monitoring 0.60 .25 0.1500 15.00
Sediment Reduction Monitoring 0.50 .25 0.1250 12.50
Stream Health Monitoring 0.75 .25 0.1875 18.75
Final Weighted Total (%): 58.50%
Table 8.8.6: Programmatic Evaluation: Final Points (2023)
Evaluation Type Final Scores Weight Weighted
Total
Weighted
Total (%)
Storm Event Monitoring .74 .25 0.1850 18.50
In-Stream Wet-Weather Monitoring .74 .25 0.1850 18.50
Sediment Reduction Monitoring .75 .25 0.1875 18.75
Stream Health Monitoring* 1.0 .25 0.25 25.00
Final Weighted Total (%): 80.75%
251
SECTION 8.0 - SAMPLING AND EVALUATION PROGRAM 24
Table 8.8.7: Programmatic Evaluation: Final Points (2024)
Evaluation Type Final Scores Weight Weighted
Total
Weighted
Total (%)
Storm Event Monitoring .92 .25 0.2300 23.00
In-Stream Wet-Weather Monitoring .82 .25 0.1850 18.50
Sediment Reduction Monitoring 0.75 .25 0.1875 18.75
Stream Health Monitoring 1.0 .25 0.25 25.00
Final Weighted Total (%): 85.25%
The MS4 relates the Final Weighted Total (%) to the following equally distributed ranges (100-percent
scale) and their associated Final Grades and populates the Stormwater Report Card with a Final Grade
for the corresponding year.
Table 8.8.8: Grading Matrix
Grade A B C D F
Score (%) 90 - 100% 80 - 89% 70 - 79% 60 - 69% 0 - 59%
Table 8.8.9: Stormwater Report Card
2022 Final Grade 2023 Final Grade 2024 Final Grade 2025 Final Grade 2026 Final Grade
F
58%
B
81%
B
85%
The MS4 utilizes its empirical knowledge, performance measures, and data to continually evaluate and
optimize its programmatic workloads detailed in this SWMP. Also, the MS4 compares its Final Grades to
the criteria below and, as necessary, works to implement the following improvement strategies:
Grade = A: No stormwater impact on receiving waters, allowing for a continuation of
administrative programs and reduction of TMDL Action Plan investment to maintain grade.
Grade = B: Low stormwater impact to receiving waters, requiring continuation of administrative
programs and TMDL Action Plan investment to increase grade.
Grade = C: Moderate stormwater impact on receiving waters, requiring an expansion of
administrative programs and continuation of TMDL Action Plan investment to increase grade.
Grade = D: Significant stormwater impact on receiving waters, requiring an expansion of
administrative programs and TMDL Action Plan investment to increase grade.
Grade = F: Major stormwater impact on receiving waters, reassessment of administrative
programs and TMDL Action Plan investment strategy required.
252
Section 9.0
Stormwater Management Plan Updates
Graphic: 9.0.1: Permeable Paver WalkwayGraphic 9.0.2: Boulevard Infiltration Gallery253
SECTION 9.0 – STORMWATER MANAGEMENT PLAN UPDATES 2
Blank Page
254
SECTION 9.0 – STORMWATER MANAGEMENT PLAN UPDATES 3
9.0 Introduction
The MS4 updates the information in this SWMP annually, (updated for the permit period beginning
2022) and tracks changes specific to each section. This SWMP requires changes to meet operation and
policy adjustments that occur in local government.
9.1 Program Administration
January/February 2023:
Throughout: Removed the oldest years of data. Where appropriate, older data is provided as an
average of the removed years in the first column in a table.
Section 1.3: Updated impervious area, site plans, staffing and budget summaries for the past
year.
1.5: Updated titles in the COB org chart
January 2024:
1.6 Updated approximate budget allocation. Depends on execution of capital projects, lots got
carried forward with COVID, inflation, difficult to get bidders on certain projects etc.
February 2024:
Updated Section 1.9 Additional Regulatory Responsibilities to include WRF No Exposure
Certification.
Updated Section 1.10 Public Notice, changing the noticing days from the 2nd and 3rd Sundays in
March to the 2ns and 3rd Saturdays in March. Chronicle is not published on Sundays.
January 2025:
Updated Section 1.3 with current rate model workflow, impervious area additions, and budgets.
Updated Section 1.4 with 2024 MSU Framework. Moved MSU construction summary to Section
5.0.
Updated MSU Organizational Chart.
Added 2024 SWMP public comments to Table 1.10.1.
9.2 Capital Project Program
January/February 2023
Sections 2.1-2.6: Update tables to include 2021 data, including the CIP budget in an easier-to-
read table format.
January 2024:
All Sections: Removed previous permit period tabular data, streamlined sections, removed
excess language, reformatted duplicate information into charts, and corrected grammatical
errors.
Rearranged sections 2.1 – 2.6.
Updated CIP identification and development strategy in Sec. 2.2
255
SECTION 9.0 – STORMWATER MANAGEMENT PLAN UPDATES 4
Reworded Sec. 2.3 TMDL Action Plan
Updated graphics and tabular data for 2023 totals
Treatment unit table includes Griffin/7th mechanical separator
January 2025:
Section 2.2, updated Graphic 2.2.1 CIP Budget FY24 – FY29
Section 2.6, added 2024 treatment unit totals, storm sewer maintenance totals, and street
debris reduction totals.
Section 2.7: added 2024 Bozeman Creek sediment reduction totals.
9.3 Public Education Program
January/February 2023:
Removed “Goals” and “Goal Outcome” and replaced with Performance Measure for all tables.
Updated all tables with 2022 results.
January 2024:
Updated Sections 3.2-3.6 to be more consistent with MS4 permit. Updated KTAs, passive and
active engagement strategies, Sec. 3.4, included Sec. 3.5 Future Engagement Strategies, and
added Sec. 3.6.1. Added Sec. 3.6 Completed Engagement strategies.
Updated Section 3.2 Key Target Audiences
Updated Section 3.3 Passive and Active Engagement Strategies
Updated Table 3.3.1 to better align with MS4 permit language
Added MSU 2023 info to Section 3.4
Updated all Section 3.4 tables with 2023 information
January 2025:
Section 3.4: updated all tables with 2024 current and ongoing engagement results.
9.4 Illicit Discharge Detection and Elimination Program
January 2023:
Section 4.5: Updated 2022 IDDE events
Section 4.5, 4.7: Updated maps
Section 4.7: Updated Table 4.7.1: Receiving Waterways
Section 4.7: Added Outfall Attribute update information
Section 4.7: Updated High-Priority Outfalls tables and Outfall Inspection Summary table.
Section 4.8: Removed table 4.8.5
January 2024:
Updated Section 4.5 with 2023 Events and IDDE location map.
256
SECTION 9.0 – STORMWATER MANAGEMENT PLAN UPDATES 5
Section 4.7.1, table 4.7.1 Receiving waters table and ORI inspection process to differentiate
between terminus types. Update inspection process – inspections grouped by watercourse and
proximity rather than maintenance district.
Updated High-Priority Outfall tables
Updated table 4.7.15 with 2023 data
February 2024:
Removed outfall OF.G03.00399 from high-priority outfall inventory. Outfall was piped in 2020
and no longer required inspection. The inventory listed 11 outfalls, with only 10 existing.
Inventory was updated in 2024.
April 2024:
Updated 2024 events with Wallace Ave. and Galloway St.
December 2024:
Updated Section 4.4 to include Neighborhood Services as part of the ERP.
Removed 2019 – 2021 IDDE Events from Section 4.5.
Updated Section 4.5 with 2024 Events.
Added Section 4.6 – Urban Camping Illicit Discharge Response.
Update Table 4.7.1 with 2024 data.
Updated Section 4.8 with 2024 outfall reconnaissance data.
January 2025:
Updated Section 4.5 with MSU 2024 Events.
9.5 Construction Site Management Program
January 2023:
Section 5.5: Updated construction site inventory
Section 5.6: Updated performance measures with 2022 audit scores and discussion
January 2024:
Added Section 5.5 to include SWPPP Site Prioritization and Inspection Frequency Protocol.
Section 5.3: Added Authorization Letter to required submittals in Construction Site Permitting
Program.
Section 5.4.1: Added Occupancy/Infrastructure Approval to types of inspections. And flow chart
with the option to go directly to NOV.
Section 5.5: Added Routine Inspection Frequency Protocol.
Section 5.6: Updated Permit Tables 5.6.1 and 5.6.2 to show a 4-year running total including
2023 data.
Section 5.6: Added justification for average over 100%.
Section 5.6: Updated High-Priority inventory list to include 2023 inspection totals and
consolidate terminated projects.
257
SECTION 9.0 – STORMWATER MANAGEMENT PLAN UPDATES 6
Section 5.7: Updated the Construction Audit point scoring system to be more concise and
objective.
Section 5.7: Added 2023 Discussion.
December 2024:
Section 5.4: Added High priority/ Wet weather to inspection types.
Section 5.5: Modified language to better describe routine inspection protocol.
Section 5.6: Removed previous permit term years from permit type and inspection type
inventories and updated inventories with 2024 data.
Section 5.6: Condensed High-Priority precipitation triggered inspection summary.
Section 5.6: Updated High-Priority inventory list to include 2024 inspection totals.
Section 5.7: Added 2024 Construction Site Compliance Audit Scores.
Section 5.7: Added 2024 Discussion.
January 2025:
Section 5.6: Added summary of MSU over one acre projects.
9.6 Post-Construction Program
January/February 2023:
Section 6.4: Updated structural BMP inventory tables
Section 6.6: Updated High-priority list and noted sites that were evaluated to meet the criteria
Section 6.8: Included 2022 audit data in performance evaluation
January 2024
All Sections: Removed previous permit period tabular data, streamlined sections, removed
excess language, reformatted duplicate information into charts, and corrected grammatical
errors.
Section 6.4: Updated structural BMP inventory tables and maps
Section 6.5: Included explanation of new inspection methodology and deployment strategies.
Section 6.5: Updated facility inspection tables and maps and summary of findings
Section 6.6: Updated High Priority Structural BMP tables and maps
Section 6.7: Updated Enforcement Response Plan explanation; expanded upon existing code and
justified maintenance responsibility. Updated status of Phase I & II of Stormwater Facilities
Master Plan and Engineering Design Standards for permit year.
Section 6.8: Included additional trends and interpolation of data, graphs.
Section 6.9: Updated ongoing and future initiatives.
January 2025
Section 6.0: Updated project post-construction facility photo
All Sections: Edited for grammar and punctuation
Section 6.4: Updated tabular data for post-construction facility type and ownership
258
SECTION 9.0 – STORMWATER MANAGEMENT PLAN UPDATES 7
Section 6.5: Updated tabular data for post-construction facility inspection by ownership
Section 6.5: Included permeable paver inspection program
9.7 Good Housekeeping Program
January 2023:
Section 7.3: Condensed SWMT Training into one section.
Section 7.3: Condensed Construction Site Personnel Training into one section.
Section 7.3: Condensed Post-Construction Personnel Training into one section.
Section 7.3: Condensed Field and Facility Personnel Training into one section.
Section 7.3: Added Conferences and Miscellaneous Trainings section.
Section 7.5: Added 2021 training. Consolidated some bullets based on staffing changes.
Section 7.4: Removed Laurel Glen, Cemetery Shops, Bozeman Public Safety Center, City Hall, and
Fire Stations 1 – 3 from MS4 Facilities. Added justification for removal.
Section 7.4: Updated FSWPPP Map.
Section 7.6: Condensed ASWPPP Training section.
January 2024:
Moved Sec 7.3 Stormwater Management Team Training to Sec. 7.6.
Deleted section of Facilities removed from inventory, including justification for removal.
Modified tabled 7.3.1 to include Pollutants and Responsible Department/Position. Removed
Initial Inspection, FSWPPP Development, and FSWPPP Update columns.
Modified tabled 7.4.1 to include Pollutants and Responsible Department/Position. Removed
Initial Inspection, FSWPPP Development, and FSWPPP Update columns.
Updated tables 7.5.2, 7.5.3, and 7.5.4 to show current activities and facilities.
Updated table 7.5.4 to show current training totals.
January 2025:
Section 7.2: Updated infrastructure maintenance totals.
Table 7.3.2: Updated MSU facilities inventory by removing MSU Materials Storage Area.
Graphic 7.3.1: Updated map with facilities locations.
9.8 Sampling and Evaluation Program
January 2023:
Sections 8.1-8.9: Updated tables and discussion with all available quantitative data collected in
2022.
Section 8.5: Updated site descriptions and added new DWS_02b site description and In-stream
monitoring map.
November/December 2023:
Sections 8.1-8.9: Updated tables and discussion with all available quantitative data collected in
2023.
Sections 8.4 & 8.5: Updated data evaluation methodology to current process of using the
percent difference between annual median and long-term median to derive point score.
259
SECTION 9.0 – STORMWATER MANAGEMENT PLAN UPDATES 8
January 2024:
Updated Table 8.4.3 Storm Event Monitoring: Scoring Matrix with new percentage range for
each point category. New percentage range allows for capture of smaller changes in percent
differences.
Updated all tables in Sec. 8.4 to reflect changes in scoring matrix.
Updated Table 8.5.5 In-Stream Wet-Weather Monitoring: Scoring Matrix with new percentage
range for each point category. New percentage range allows for capture of smaller changes in
percent differences.
Updated all tables in Sec. 8.4 to reflect changes in scoring matrix.
Updated all evaluation tables to only show 2022 – 2026 permit term data.
Added East Gallatin River to Sediment Reduction Totals Evaluation, and added in all Sec. 8.6
tables.
Removed Mandeville Creek from long-term trend monitoring evaluation tables. Mandeville
Creek is no longer sampled for macroinvertebrates.
Updated 2022 – 2023 Final Scores with new scoring matrix criteria.
Added Sediment Reduction Monitoring methods to Sec. 8.6
February 2024:
Added Sampling Locations map
December 2024:
Updated Sections 8.4, 8.5, 8.6, 8.7, and 8.8 with 2024 sampling data.
Update Section 8.8 with 2024 program evaluation scores.
Update Section 8.8 with 2024 Stormwater Report Card Score.
260
Construction Site Inspection Inventory - 2024
OAC24-008 N.5th Pathway 5th Ave. - Oak St. - Tamarack St. MTR110762 1 Unnamed Trib., Pond, or Ditch 24
OAC24-007 Urban + Farm Ph 2 S.Laurel Parkway MTR110743 15 Baxter Creek 24
OAC24-004 Simkins North Park Tract 2-B & 4-B Tract 2-B and 4-B Wheat Drive MTR110674 29.4 Mandeville Creek 24
OAC24-002 Simkins North Park Tract 3-B Tract 3-B Wheat Drive MTR110566 11.6 Mandeville Creek 24
OAC24-001 Aaker Subdivision Phase 1 S 19th Ave and W Kagy Blvd MTR110542 31.7 West Fork Catron Creek 24
OAC23-028 BOÖTES 11th Ave and Opportunity Way MTR110523 4.13 Middle Creek Ditch 24
OAC23-027 14th and Patrick Affordable N 14th Ave and Patrick MTR110457 4.16 Mandeville Creek 24
OAC23-026 5th and Main Residences 421 W. Main St.MTR110502 2 Bozeman Creek 24
OAC23-025 2695 Tschache Lane 2695 Tschache Lane MTR110414 14 Unnamed Trib., Pond, or Ditch 24
OAC23-017 Canyon Gate Subdivison 1204 Bridger Dr.MTR110246 24.53 East Gallatin River 23,24
OAC23-013 N.3rd Apartments 683 N. 3rd Ave MTR110132 5.8 Unnamed Trib., Pond, or Ditch 24
OAC23-012 Wentworth NE Corner S. 19th Ave. & Stucky Rd.MTR110205 8.6 Mandeville Creek 23,24
OAC23-009 Barnard HQ 3520 Royal Wolf MTR110122 9 Cattail Creek 23,24
OAC23-006 Town Pump #2 2707 W Main St.MTR110294 4 Catron Creek 23,24OAC23-005 Aurora Technologies 1101 Invention Drive MTR110062 4.6 Catron Creek 23,24
OAC23-004 Northwest Crossing Ph. 2 SW Corner Baxter Ln. & Cottonwood Rd.MTR109940 43.98 Baxter Creek 23,24
OAC22-032 Nahoriniak Commons 5170 Durston Rd.MTR110208 1 Unnamed Trib., Pond, or Ditch 23,24
OAC22-021 Bozeman Gateway S.of Huffine Ln. and College St., N. of W. Garfield St. and E. of Fowler Ave MTR102376 15 West Gallatin Canal 22,23,24
OAC22-019 Autumn Grove Condominiums East of Davis Ln. / North of Winter Park St.MTR109606 5 Cattail Creek 22,24
OAC22-015 North Park - MRL Right of Way E.of I-90, N. of Mandeville, W. of Flora Ln.MTR109429 36 Mandeville Creek 22,23,24OAC22-009 Home2 Hilton Suites 1760 Baxter Ln MTR109428 3.13 Catron Creek 23,24
OAC22-006 Vance Thompson Vision 2535 Honor Ln.MTR109291 3 Catron Creek 24
OAC22-003 Boulder Creek Apartments NE corner of Sherwood Way and Abigail Ln.MTR109235 1 Baxter Creek 23, 24
OAC22-002 Edison at Bozeman Gateway SW corner of Harmon Stream Blvd & Technology Blvd MTR109310 15 Cattail Creek 22, 23,24
OAC21-035 North Park Development S. of Redwing, W. of I-90, W. of Flora Ln.MTR109359 15.65 Mandeville Creek 22,23,24
OAC21-023 West Side Flats 100 Automotive Ave.MTR109088 8.78 Baxter Creek 22, 23, 24
OAC21-021 Blackwood Groves Subdivision Ph.1 E.of 19th, W. of S. 11th, S. of Alder Cr.MTR109054 27 Figgins Creek 21,22,23,24
OAC20-0042 Allison Subdivision S.of Univ. Way, N. of Graf St., E. of S. 11th Ave.MTR108735 12 Figgins Creek 21,22,23,24OAC20-0023 Mountain Vista 2928 W Babcock Street MTR110392 2 Cattail Creek 23,24
OAC20-0018 Graf Street Apartments Graf St. and 19th Ave. MTR109287 17 Catron Creek 23,24
OAC19-0003 Gran Cielo Subdivision Graf St. and S. 27th Ave. MTR107695 49 Middle Creek Ditch 21,22,24
Inspection YearConstruction
Projects -
Over 1 Acre
Name Location MTR#Disturbance
Area (Acres)Discharge Location
3
261
SWPPP Review Checklist: Updated Dec. 2, 2022 Page 1 of 5
SWPPP Review Checklist
Sec. 1: Administrative Information
1.Project ID:
2.Project Name:
3.Reviewer: Choose an item.
4.QA/QC: Choose an item.
5.Date Reviewed: 9/11/2023
6.Site Priority Points: Click here to enter text.
7.Site Priority Rating: Choose an item.
Sec. 2: NOI-SWC Section A: NOI Status
1.NOI Status: ☐Yes ☐No:
Sec. 3: NOI-SWC Section B: Facility or Site Information
1.Site Name: ☐Yes ☐No:
2.Site Physical Address: ☐Yes ☐No:
Sec. 4: NOI-SWC Section C: Applicant (Owner/Operator) Information
1.Applicant Name: ☐Yes ☐No:
2.Applicant Address: ☐Yes ☐No:
3.Facility Site Contact: ☐Yes ☐No:
Sec. 5: NOI-SWC Section D: Other Applicable Permits, Certifications, or Approvals
1.MPDES: ☐Yes ☐No:
2.MGWPCS #: ☐Yes ☐No:
3.Other: ☐Yes ☐No:
Sec. 6: NOI-SWC Section D: MS4
1.MS4 Recognition: ☐Yes ☐No:
2.MS4 Contact: ☐Yes ☐No:
Sec. 7: NOI-SWC Section F: SWPPP Preparer and Administrator
1.SWPPP Preparer: ☐Yes ☐No:
2.SWPPP Administrator: ☐Yes ☐No:
Sec. 8: NOI-SWC Section G: Duly Authorized Representative
1.Duly Authorized Representative: ☐Yes ☐No ☐N/A:
4
262
SWPPP Review Checklist: Updated Dec. 2, 2022 Page 2 of 5
2. Attachment A: ☐Yes ☐No ☐N/A:
Sec. 9: NOI-SWC Section H: Receiving Surface Water(s)
1. Receiving Water Information: ☐Yes ☐No:
2. Receiving Water Impairment Information: ☐Yes ☐No:
Sec. 10: NOI-SWC Section I: Project Summary
1. Total Site Area: ☐Yes ☐No:
2. Estimate Project Start Date: ☐Yes ☐No:
3. Estimated Project Final Stabilization Date: ☐Yes ☐No:
4. Type of Construction Project: ☐Yes ☐No:
5. Description of Construction Activity / Project: ☐Yes ☐No:
6. BMP Summary: ☐Yes ☐No:
Sec. 11: NOI-SWC Section M: Certification
1. Signatory: ☐Yes ☐No:
Sec. 12: SWPPP Section A: SWPPP Status
1. SWPPP Status: ☐Yes ☐No:
2. Matches NOI-SWC: ☐Yes ☐No
Sec. 13: SWPPP Section B: Facility or Site Information
1. Site Name: ☐Yes ☐No:
2. Site Physical Address: ☐Yes ☐No:
3. Matches NOI-SWC: ☐Yes ☐No
Sec. 14: SWPPP Section C: Applicant (Owner / Operator) Information
1. Applicant Name: ☐Yes ☐No:
2. Applicant Address: ☐Yes ☐No:
3. Matches NOI-SWC: ☐Yes ☐No
Sec. 15: SWPPP Section D: SWPPP Preparer and Administrator
1. SWPPP Preparer: ☐Yes ☐No:
2. SWPPP Administrator: ☐Yes ☐No:
Sec. 16: SWPPP Section E: Site Description (General Permit 3.3)
3. Part 1: Activity Nature: ☐Yes ☐No:
4. Part 2: Support Activities: ☐Yes ☐No:
5. Part 3: Site Areas: ☐Yes ☐No:
Matches NOI-SWC: ☐Yes ☐No
6. Part 4: Soils: ☐Yes ☐No:
7. Part 5: Vegetation: ☐Yes ☐No:
8. Part 6: Runoff Patterns: ☐Yes ☐No:
9. Part 7: Outfall Table: ☐Yes ☐No:
Sec. 17: SWPPP Section F: Potential Pollutant Sources (General Permit 3.4)
1. Soils: ☐Yes ☐No:
263
SWPPP Review Checklist: Updated Dec. 2, 2022 Page 3 of 5
2. Materials: ☐Yes ☐No:
3. Activities: ☐Yes ☐No:
4. Additional Pollutants: ☐Yes ☐No:
5. Non-Stormwater Discharges: ☐Yes ☐No:
Sec. 18: SWPPP Section G: Technology-Based Effluent Limitations and Selection of
Best Management Practices (BMPs) (General Permit Parts 2.1 and 3.5)
1. Limit areas of disturbance and soil exposure.
SWPPP Plan includes: ☐Yes ☐No:
2. Stabilize ditches, swales, channels, and outlets.
SWPPP Plan includes: ☐Yes ☐No:
3. Minimize erosion at outlets and conveyance channels.
SWPPP Plan includes: ☐Yes ☐No:
4. Provide a natural buffer within the construction project area.
SWPPP Plan includes: ☐Yes ☐No:
5. Maintain natural buffers around state waters.
SWPPP Plan includes: ☐Yes ☐No:
6. Minimize the disturbance of steep slopes of 15% or greater.
SWPPP Plan includes: ☐Yes ☐No:
7. Stabilize disturbed areas immediately for any portion of the site that will
remain inactive for 14 or more calendar days.
SWPPP Plan includes: ☐Yes ☐No:
8. Divert stormwater runoff from disturbed areas to sediment removal BMPs.
SWPPP Plan includes: ☐Yes ☐No:
9. Protect all on-site storm drain inlets.
SWPPP Plan includes: ☐Yes ☐No:
10. Protect above and below ground infiltration facilities from sedimentation.
SWPPP Plan includes: ☐Yes ☐No:
11. Minimize vehicle/equipment entrances and exits.
SWPPP Plan includes: ☐Yes ☐No:
12. Manage vehicle/equipment entrances and exits, equipment laydown, and
material storage areas with stabilization techniques.
SWPPP Plan includes: ☐Yes ☐No:
13. Provide surface outlets for retention and detention facilities during active
construction.
SWPPP Plan includes: ☐Yes ☐No:
14. Provide cover, containment, and protection for all chemicals and liquids,
petroleum products, and construction materials, products, and wastes.
SWPPP Plan includes: ☐Yes ☐No:
15. Use spill prevention and control measures for vehicle maintenance and fueling.
SWPPP Plan includes: ☐Yes ☐No:
16. Maintain appropriate spill kits.
SWPPP Plan includes: ☐Yes ☐No:
17. Prevent discharge of equipment wash waters and clean out wastes, and
designate these activities away from the state waters and their conveyances.
SWPPP Plan includes: ☐Yes ☐No:
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SWPPP Review Checklist: Updated Dec. 2, 2022 Page 4 of 5
18. Prevent discharge of concrete products.
SWPPP Plan includes: ☐Yes ☐No:
19. Run-on / Runoff Control BMPs
SWPPP Plan includes: ☐Yes ☐No:
20. Post Construction Control BMPs
SWPPP Plan includes: ☐Yes ☐No:
21. Public Signage
SWPPP Plan includes: ☐Yes ☐No:
22. Additional BMPs
SWPPP Plan includes: ☐Yes ☐No ☐N/A:
23. BMP Design, Installation, and Maintenance Specification Source Documentation
SWPPP Plan includes: ☐Yes ☐No:
Section 19: SWPPP Section H: Water Quality Controls for Discharges to Impaired
Water Bodies
1. Receiving Water Information: ☐Yes ☐No:
2. Receiving Water Impairment Information: ☐Yes ☐No:
Sec. 20: SWPPP Section I: Municipal Separate Storm Sewer System (MS4s) – Local
Erosion and Sediment Control Requirements
1. Control Disturbed Areas
SWPPP Plan includes: ☐Yes ☐No:
2. Mitigate Vehicle and Equipment Tracking
SWPPP Plan includes: ☐Yes ☐No:
3. Control Concrete Washout and other Masonry Wastes
SWPPP Plan includes: ☐Yes ☐No:
4. Manage Soil Stockpiles
SWPPP Plan includes: ☐Yes ☐No:
5. Manage Dewatering Flows
SWPPP Plan includes: ☐Yes ☐No:
6. Stabilize Disturbed Areas
SWPPP Plan includes: ☐Yes ☐No:
7. Protect Onsite Inlets
SWPPP Plan includes: ☐Yes ☐No:
Sec.21: SWPPP Section J: Dewatering Activities (General Permit Parts 2.1.4 and 3.6)
1. Description of dewatering activities:
SWPPP Plan includes: ☐Yes ☐No:
2. Description of dewatering BMPs:
SWPPP Plan includes: ☐Yes ☐No:
Sec. 22: SWPPP Section K: Major Construction Activity and BMP Phasing (General
Permit Part 3.7)
1. Total Number of Activities: ☐Yes ☐No:
2. Major Construction Activity Schedule: ☐Yes ☐No:
3. Do BMPs match those listed in SWPPP Section G: ☐Yes ☐No:
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SWPPP Review Checklist: Updated Dec. 2, 2022 Page 5 of 5
Sec. 23: SWPPP Section L: Final Stabilization (General Permit Part 3.8)
1. Final stabilization description:
SWPPP Plan includes: ☐Yes ☐No:
Sec. 24: SWPPP Section M: Post-Construction (General Permit Part 3.9)
1. Identification of Post-Construction Features:
SWPPP Plan includes: ☐Yes ☐No:
2. Description of applicable local water quality and flood control requirements:
a. SWPPP Plan includes: ☐Yes ☐No:
Sec. 25: SWPPP Section N: Site Map (General Permit Part 3.10)
1. Site boundaries: ☐Yes ☐No
2. Locations and types of activities: ☐Yes ☐No
3. Location of ground-disturbing activities: ☐Yes ☐No
4. Phasing of major construction activities: ☐Yes ☐No
5. Preconstruction topography: ☐Yes ☐No
6. State surface waters: ☐Yes ☐No
7. Drainage patterns and stormwater flow directions: ☐Yes ☐No
8. Stormwater discharge locations: ☐Yes ☐No
9. Municipal storm sewer infrastructure: ☐Yes ☐No
10. Project run-on: ☐Yes ☐No
11. Cut and fill areas: ☐Yes ☐No
12. Undisturbed locations: ☐Yes ☐No
13. Slope changes pre and post construction: ☐Yes ☐No
14. Stockpile locations: ☐Yes ☐No
15. Fueling and washing areas: ☐Yes ☐No
16. Concrete washout areas: ☐Yes ☐No
17. Dewatering activities: ☐Yes ☐No
18. Entry and exit points: ☐Yes ☐No
19. BMPs detailed in SWPPP Section G: ☐Yes ☐No
20. Post construction site conditions: ☐Yes ☐No
21. Public Sign: ☐Yes ☐No
22. Map scale, north arrow, and legend: ☐Yes ☐No
Sec. 26: SWPPP Section O: Inspection and BMP Maintenance Procedures (General
Permit Part 3.11)
1. Frequency: ☐Yes ☐No:
2. Rainfall amount determination source included: ☐Yes ☐No:
3. Description: ☐Yes ☐No:
Sec. 27: SWPPP Section P: Supplemental Information
1. Description: ☐Yes ☐No ☐N/A:
Sec. 28: SWPPP Section Q: Certification
1. Signatory: ☐Yes ☐No:
266
Site Inspection Form: Updated May 18, 2023 Page 1 of 15
Site Inspection Form
Section 1.0: Site Information
1. Site ID, Name:
2.Location:
3. Site Type: Choose an item.
4.Phase: Choose an item.
5.MTR#: Click here to enter text.
6. Site Priority: Choose an item.
7.Inspection Type: Choose an item.
8.Weather: Choose an item.
9.Last Precipitation: Choose an item.
10. Inspector Name: Choose an item.
11. Inspector Information: (Email/Phone) Choose an item.
12. Administrator Name:
13. Administrator Information (Email/Phone):
14. Owner Name:
15. Owner Information (Email/Phone):
16. Contractor Name:
17. Contractor Information (Email/Phone):
Section 2.0: Prohibited Discharges (General Permit Section 2.1.7)
1.Is a prohibited discharge(s) currently occurring?
Determination: Choose an item.
If yes, provide description/NTU reading:
Section 3.0: Compliance Determination and Enforcement Response
1.Inspection #1: 4/29/2024
☐Site is compliant.
☐Site is not compliant, determinations issued, follow-up inspection.
Estimated Follow-Up Inspection Date: Click here to enter a date.
☐Site is not compliant, Notice of Violations (NOV), follow-up inspection.
Follow-up Inspection Date: Click here to enter a date.
☐Site is not compliant, enforcement response, follow-up inspection.
Enforcement: ☐ Stop Work Order ☐ Judicial ☐ Occupancy Withheld
Enforcement description:
2.Inspection #2: Click here to enter a date.
☐Site is compliant.
☐Site is not compliant, non-compliance determinations, follow-up inspection.
Estimated Follow-Up Inspection Date: Click here to enter a date.
☐Site is not compliant, Notice of Violations (NOV), follow-up inspection.
NOV Date: Click here to enter a date.
☐Site is not compliant, enforcement response, follow-up inspection.
Enforcement: ☐ Stop Work Order ☐ Judicial ☐ Occupancy Withheld
Enforcement description:
5
267
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3. Inspection #3: Click here to enter a date.
☐ Site is compliant.
☐ Site is not compliant, non-compliance determinations, follow-up inspection.
Estimated Follow-Up Inspection Date: Click here to enter a date.
☐ Site is not compliant, Notice of Violations (NOV) issued, follow-up inspection.
NOV Date: Click here to enter a date.
☐ Site is not compliant, enforcement response, follow-up inspection.
Enforcement: ☐ Stop Work Order ☐ Judicial ☐ Occupancy Withheld
Enforcement Description:
Section 4.0: Stormwater Pollution Prevention Plan (General Permit Parts 2.5 & 3)
1. Is the SWPPP onsite? Choose an item.
2. Is the SWPPP signage onsite? Choose an item.
3. Is the SWPPP and/or supporting documentation updated to reflect site conditions?
Determination: Choose an item.
Finding:
4. Is the site map available at the time of the inspection?
Determination: Choose an item.
Finding:
5. Is the SWPPP map updated to reflect site conditions?
Determination: Choose an item.
Findings:
Site boundaries. Included: ☐Yes ☐No ☐N/A
Matches the current phase of construction. Included: ☐Yes ☐No ☐N/A
State surface waters. Included: ☐Yes ☐No ☐N/A
Drainage patterns and stormwater flow directions. Included: ☐Yes ☐No ☐N/A
Channelized stormwater discharge locations. Included: ☐Yes ☐No ☐N/A
Municipal storm sewer infrastructure. Included: ☐Yes ☐No ☐N/A
Site run-on. Included: ☐Yes ☐No ☐N/A
Cut and fill areas. Included: ☐Yes ☐No ☐N/A
Undisturbed locations. Included: ☐Yes ☐No ☐N/A
Stockpile locations. Included: ☐Yes ☐No ☐N/A
Fueling and washing areas. Included: ☐Yes ☐No ☐N/A
Concrete washout areas. Included: ☐Yes ☐No ☐N/A
Dewatering activities. Included: ☐Yes ☐No ☐N/A
Entry and exit points. Included: ☐Yes ☐No ☐N/A
Location of all erosion and sediment control BMPs. Included: ☐Yes ☐No ☐N/A
Location of all structural and non-structural BMPs. Included: ☐Yes ☐No ☐N/A
Public Signage. Included: ☐Yes ☐No ☐N/A
Map scale, north arrow, and legend. Included: ☐Yes ☐No ☐N/A
6. Are BMP design, installation, implementation, and maintenance specifications onsite?
Determination: Choose an item.
Finding:
268
Site Inspection Form: Updated May 18, 2023 Page 3 of 15
Section 5.0: Inspections (General Permit Part 3.2.2, 2.2.3 and 3.11)
1. Are inspections being performed by the SWPPP Administrator identified in the NOI?
Determination: Choose an item.
Finding:
2. What is the Site’s inspection frequency? Choose an item.
3. Are reports compliant with General Permit Parts 2.3 and 2.4?
Determination: Choose an item.
Finding:
4. Is the SWPPP Administrator certified per General Permit Part 3.2?
Determination: Choose an item.
Finding:
Section 6.0: Technology-Based Effluent Limitations (General Permit Part 2.1)
1. Complete implementation and installation of BMPs before or at the start of each major
construction activity.
Determination: Choose an item.
Finding:
2. Implement and install all BMPs in accordance with good engineering practices and design
specifications.
Determination: Choose an item.
Finding:
3. Maintain BMPs in effective operating condition.
Determination: Choose an item.
Finding:
4. Minimize erosion within the construction site area.
Determination: Choose an item.
Finding:
5. Divert stormwater runoff from disturbed areas to sediment removal BMPs.
Determination: Choose an item.
Finding:
6. Minimize sediment discharges from the construction site area.
Determination: Choose an item.
Finding:
7. Minimize erosion at outlets and conveyance channels.
Determination: Choose an item.
Finding:
8. Protect all on-site storm drain inlets.
Determination: Choose an item.
Finding:
9. Minimize and manage vehicle/equipment entrances and exits, equipment laydown, and
materials storage areas with stabilization techniques.
Determination: Choose an item.
Finding:
10. Stabilize ditches, swales, channels, and outlets.
Determination: Choose an item.
Finding:
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11. Provide surface outlets to discharge the highest quality water from retention/detention
facilities and for sediment basins/traps for active construction.
Determination: Choose an item.
Finding:
12. Protect infiltration facilities from sedimentation during active construction.
Determination: Choose an item.
Finding:
13. Limit areas of disturbance and soil exposure.
Determination: Choose an item.
Finding:
14. Provide a natural buffer within the construction site area.
Determination: Choose an item.
Finding:
15. Design and construct cut-and-fill slopes to minimize erosion.
Determination: Choose an item.
Finding:
16. Divert stormwater or groundwater away from slopes and disturbed areas.
Determination: Choose an item.
Finding:
17. Prevent stormwater run on from impacting sediment removal BMPs.
Determination: Choose an item.
Finding:
18. Maintain natural buffers around state waters.
Determination: Choose an item.
Finding:
19. Direct stormwater runoff to vegetated areas.
Determination: Choose an item.
Finding:
20. Mark and maintain clearing limits before disturbing soils and during construction activities.
Determination: Choose an item.
Finding:
21. Preserve topsoil.
Determination: Choose an item.
Finding:
22. Control groundwater, surface water, and/or accumulated stormwater dewatering activities
to prevent discharges to state waters.
Determination: Choose an item.
Finding:
23. Obtain authorization under the construction Dewatering General Permit prior to discharge
of dewatering effluent to state surface waters.
Determination: Choose an item.
Finding:
24. Provide cover, containment, and protection for all chemicals and liquids, petroleum
products, and construction materials, products, and wastes.
Determination: Choose an item.
Finding:
25. Use spill prevention and control measures for vehicle maintenance and fueling.
Determination: Choose an item.
Finding:
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Site Inspection Form: Updated May 18, 2023 Page 5 of 15
26. Maintain appropriate spill kits and clean up spills and leaks immediately.
Determination: Choose an item.
Finding:
27. Prevent discharge of equipment wash waters and clean out wastes and designate these
activities away from the state waters and their conveyances.
Determination: Choose an item.
Finding:
28. Prevent discharge of concrete products.
Determination: Choose an item.
Finding:
29. Public signage or other form of notice to legally display confirmation of permit coverage
is positioned in a safe, accessible location in close proximity to the project entrance, and
is visible from the nearest road.
Determination: Choose an item.
Finding:
Section 7.0: Soil Stabilization (General Permit Part 2.1.3.)
1. Stabilize disturbed areas immediately for any portion of the site that will remain inactive
for 14 or more calendar days with erosion control BMPs.
Determination: Choose an item.
Finding:
2. Stabilize disturbed areas within any portion of the site that have completed clearing,
grading, excavation, or other earth disturbing activities with erosion control BMPs.
Determination: Choose an item.
Finding:
Section 8.0: Post-Construction Facilities (General Permit Part 3.9)
1. Does the SWPPP describe local requirements?
Determination: Choose an item.
Finding:
2. Does the SWPPP describe post-construction measures used to control stormwater and
potential pollutants after site completion?
Determination: Choose an item.
Finding:
3. Are post-construction facilities and infrastructure installed per the site plan?
Determination: Choose an item.
Finding:
4. Are post-construction facilities and infrastructure correct in the City’s GIS?
Determination: Choose an item.
Finding:
5. Has occupancy been approved?
Date: Click here to enter a date.
Determination: Choose an item.
Finding:
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Section 9.0: Additional Notes and Findings
272
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Section 10.0: Images
Image 1
Date: Select a date
Description:
273
Facility ID Owner Name Impaired Waterway Easting Northing Comment Area m2 Date Maintenance
Need
Maintenance
Status
DP.H07.00023 Public - City of Bozeman Mandeville Creek 495535.0765 5055953.655 Surface Detention Facility 2,507.2 8/24/2024 LOW Complete
DP.H07.00022 Public - City of Bozeman Mandeville Creek 495586.1862 5056051.616 Surface Detention Facility 1,372.6 8/24/2024 LOW Complete
DP.H06.00024 Public - MSU Mandeville Creek 495791.6114 5057290.248 Surface Detention Facility 1,099.0 7/1/2024 LOW Complete
DP.I51.00073 Public - City of Bozeman East Gallatin River 494471.9058 5063514.928 Surface Detention Facility 998.1 8/24/2024 LOW Complete
DP.I51.00074 Public - City of Bozeman East Gallatin River 494607.7986 5063409.191 Surface Detention Facility 958.2 8/24/2024 LOW Complete
DP.H06.00400 Public - MSU Mandeville Creek 495838.7691 5057141.129 Surface Detention Facility 705.2 7/1/2024 LOW Complete
DP.F01.00026 Public - City of Bozeman East Gallatin River 497563.8833 5061140.296 Surface Detention Facility 683.2 8/24/2024 MODERATE Overdue
DP.H06.00025 Public - MSU Mandeville Creek 495838.2458 5057473.804 Surface Detention Facility 671.8 7/1/2024 LOW Complete
DP.E02.00006 Public - City of Bozeman East Gallatin River 497676.3811 5060690.346 Surface Detention Facility 518.1 8/24/2024 LOW Complete
DP.H02.00001 Private - Kenyon Noble Mandeville Creek 495930.7248 5060163.601 Surface Detention Facility 506.3 8/24/2024 MODERATE Overdue
DP.H04.00006 Private - BSD Mandeville Creek 495942.3091 5059010.127 Surface Detention Facility 488.0 8/24/2024 MODERATE Pending
DP.H06.00023 Public - MSU Mandeville Creek 495824.8023 5057258.588 Surface Detention Facility 433.6 7/1/2024 LOW Complete
DP.H06.00026 Public - MSU Mandeville Creek 495711.716 5056822.529 Surface Detention Facility 295.9 7/1/2024 LOW Complete
DP.G02.00017 Private - HOA Mandeville Creek 496017.9481 5060289.912 Surface Detention Facility 208.6 Not Inspected Overdue
DP.G03.00050 Private Mandeville Creek 496127.1196 5059230.612 Surface Detention Facility 182.4 8/24/2024 LOW Complete
DP.I51.00076 Public - City of Bozeman East Gallatin River 494785.005 5063383.206 Surface Detention Facility 160.8 8/24/2024 MODERATE Complete
DP.I51.00075 Public - City of Bozeman East Gallatin River 494713.3235 5063402.001 Surface Detention Facility 125.9 8/24/2024 MODERATE Complete
DP.H06.00028 Public - MSU Mandeville Creek 495857.6732 5057412.412 Surface Detention Facility 120.2 7/1/2024 LOW Complete
2024 High Priority Inspections & Maintenance Status
6
274
Rapid Assessment Method for Basin OptimizationNote: This is a master copy; please save a working document in a new file location.HOA/Property Name:Date:Time:Weather:Temp ◦F:Weight# Facility ID Type ConveyanceStabilityDrainage Maintenance Weighted Score Maintenance Priority Conveyance: Discharge, Blockage & Sediment0.411 = Stormwater cannot access detention/retention facility22 = Stormwater flow is impeded >75% via restriction and/or sediment accumulation33 = Stormwater flow is impeded >50% via restriction and/or sediment accumulation44 = Stormwater flow is impeded <25% via restriction and/or sediment accumulation55 = Stormwater is not impeded to detention/retention facility6Stability: Vegetation, Erosion & Instability0.1571 = Facility is completely eroding, instable and/or unvegetated82 = Facility is >75% eroding, instable and/or unvegetated93 = Facility is >50% eroding, instable and/or unvegetated104 = Facility is <25% eroding, instable and/or unvegetated115 = Facility is completely stable and/or vegetated12Drainage: Standing Water & Infiltration0.25131 = Detention/Retention pond; water depth >1' permanent142 = Detention/Retention pond; water depth >1' more than 48 hours153 = Detention/Retention pond; water depth <1' more than 48 hours164 = Detention/Retention pond; water depth <1' at 48 hours175 = Wet pond; Detention/Retention pond no water after 48 hours18Overall Maintenance Rating0.2191 = Poor ‐ Significant performance issues, needs substantial retrofit202 = Fair ‐ Meets minimum standards but requires immediate maintenance213 = Good ‐ Meets necessary requirments and may need some regular maintenance224 = Very Good ‐ Consistently performing as designed 235 = Excellent ‐ Meets highest level of performance and no maintenance is needed2417275
Stormwater Facility Inspection Form
Stormwater Facility Inspection Form Page 1 2022
Section 1: General Information
Facility ID: Facility Type: Choose an item.
Date: Click or tap to enter a date. Time (24hr):
Owner: Contact:
Inspector’s Name, Contact Info: Choose an item.
Location/Access Info: Map Link:
Latitude / Longitude:
Type of Inspection:
☐ Routine, Dry Weather ☐ Routine, Wet Weather ☐ Complaint Driven ☐ Other: __________________
Section 2: Discharge & Outfall Information
Most recent precipitation or melt: Choose an item. If
precipitation event < 48 hrs, amount: “
Outfall Waterbody:
High-Priority Waterbody: Choose an item.
Is a stormwater discharge occurring? ☐ Yes ☐ No
If yes, what is the source and quality of discharge?
Section 3: Facility Maintenance Needs Ranking
☐ Low Need: The stormwater facility appears to be functioning as designed. Continue scheduled maintenance.
☐ Moderate Need: Stormwater facility requires minor to moderate debris, sediment and/or vegetation maintenance to
mitigate the risk of flooding, waterway pollution, and infrastructure failure.
☐ Immediate Need: To restore function, the stormwater facility requires significant sediment dredging, vegetation
removal, and/or infrastructure repairs.
SUMMARY COMMENTS:
Inspector’s Signature: Date: Click or tap to enter a date.
276
Stormwater Facility Inspection Form Page 2 2022
Section 4: Qualitative Analysis
Components # Items Conditions Results Notes and Required Actions
General
1.1 Accessibility Degraded, missing, or inadequate
maintenance access?
☐ Yes ☐ No
1.2 Debris Trash, sediment, and waste within
and around the facility?
☐ Yes ☐ No
1.3 Vegetation
Overgrown or dead cattails,
woody shrubs, weeds, grass, and
trees?
☐ Yes ☐ No
1.4 Infrastructure
Condition
Damaged inlet pipe, outlet pipe,
outfall structure, or fencing?
☐ Yes ☐ No
Facility
Condition
2.1 Pretreatment Bay
or Facility
Clogged, obstructed, or filled
pretreatment forebay or facility?
☐ Yes
☐ No
2.2 Storage Bay Clogged or filled storage bay? ☐ Yes
☐ No
2.3 Groundwater or
Standing Water
Stagnant water with a drain
downtime greater than 48 hours
post-rain event?
☐ Yes ☐ No
2.4 Flow Path Clogged or obstructed flow path? ☐ Yes ☐ No
2.5 Side Slopes Barren or exposed surfaces on
facility’s side slopes and bottom?
☐ Yes ☐ No
Maintenance
3.1 Maintenance Plan
or Agreement Is there a written plan? ☐ Yes ☐ No
3.2 Implementation Is there evidence of maintenance? ☐ Yes ☐ No
277
Stormwater Facility Inspection Form Page 3 2022
Section 6: Elevation Analysis
STATION BACKSIGHT FORESIGHT ELEVATION INSTRUMENT COMMENT
-100.00 100.00
-#VALUE!
-#VALUE!
-#VALUE!
-#VALUE!
-#VALUE!
-#VALUE!
-#VALUE!
-#VALUE!
-#VALUE!
-#VALUE!
-#VALUE!
-#VALUE!
-#VALUE!
Section 5: Quantitative Analysis
Vegetation
Cover Type % Cover Notes
Bare Ground / Open Water
Aquatic Plants
Grass/Herbs
Shrubs
Trees >3” (dia. breast height)
Total
100
278
Stormwater Facility Inspection Form Page 4 2022
Section 7. Facility Sketch
279
Stormwater Facility Inspection Form Page 5 2022
Section 8. Images
Facility ID: Location:
Facility Owner: Weather: Choose an item. Temp: ⁰F
Inspector Initials: Photo Page: 1
Image 1 Image 2
Description:
Description:
Image 3 Image 4
Description:
Description:
280
Memorandum
REPORT TO:City Commission
FROM:Jeff Butts, MPO Manager
SUBJECT:Authorize the City Manager to Sign a Section 5303 Planning Contract with
the Montana Department of Transportation for the Purpose of
Administering Subrecipient Funding for the City-Hosted Metropolitan
Planning Organization
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Authorize the City Manager to sign a Section 5303 Planning Contract with
the Montana Department of Transportation for the purpose of administering
subrecipient funding for the City-hosted Metropolitan Planning
Organization.
STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other
public agencies and build on these successes.
BACKGROUND:Following the 2020 census, the City of Bozeman’s population exceeded
50,000, prompting the establishment of a Metropolitan Planning
Organization (MPO) to meet federally regional transportation planning
requirements for federal funding. As the MPO’s host, the City of Bozeman
provides staffing, administrative support, and serves as a pass-through entity
for Section 5303 Metropolitan Transportation Planning Program funds.
These funds are subsequently allocated to the Urban Transportation District
(UTD) / Streamline for planning activities outlined in the MPO’s annual
Unified Planning Work Program (UPWP). For Federal Fiscal Year (FFY) 2025,
the total eligible project funds for the UTD is $118,925. This contract ensures
compliance with federal requirements in facilitating the use of federal
planning funds and will be renewed annually.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the commission.
FISCAL EFFECTS:The City may utilize up to 10% of Section 5303 funding to cover indirect costs
for fund administration, as permitted by federal regulations.
Attachments:
GVMPO_FFY2025_5303_Planning_Contract.pdf
281
Report compiled on: January 22, 2025
282
1
Agency Name (SUB-RECIPIENT) City of Bozeman Agency Address P.O. Box 1230 Bozeman MT 59771-1230 Agency Liaison Jeff Butts
UEI Number EEAPKALAEM35
Contract Number 113658
MDT Liaison Mitch Buthod
Performance Period 09/30/2025
Total Eligible Project Cost $118,925
1. PROJECT This Contract is entered into by and between City of Bozeman, and the Montana Department of Transportation (MDT, Department, or State), to provide assistance to the SUB-RECIPIENT to evaluate, select and monitor technical study projects and transportation planning projects proposed by local metropolitan planning organizations or public bodies and agencies.
The State having been appropriated grant monies from the Federal Transit Administration (FTA) of $636,815 for Federal Fiscal Year (FFY) 2025 through 49 USC § 5303 (Section 5303) and
desiring to assist SUB-RECIPIENT with a subaward, enters into this Contract with SUB-RECIPIENT. This subaward will be funded through the FTA grant awards to the State, Federal Award Identification Numbers (FAIN) MT-2025-XXX-00 for the use of the FFY 2025 funding. This
executed FTA 5303 Planning Grant award is incorporated by reference into this contract. The federal grant award date is October 01, 2024. The actual subaward is contingent upon the availability of FTA funding and grant award. This Agreement is effective during Federal Fiscal Year 2025 (October 1, 2024 - September 30,
2025), for approved expenses incurred during Federal Fiscal Year 2025. This Agreement shall terminate on September 30, 2025, or upon earlier completion of all terms and conditions of this agreement. The SUB-RECIPIENT shall undertake and complete the Project as described in the SUB-RECIPIENT’s Unified Planning Work Program (UPWP), in accordance with Section 5303
requirements and guidance. The SUB-RECIPIENT shall use its best efforts to complete the Project efficiently and economically.
The total eligible costs of the Project shall be $118,925. The cost of the Project shall be shared as follows: 80 Percent Federal $ 95,140 20 Percent Local Match $ 23,785 Total Project Cost $118,925 SUB-RECIPIENT agrees to provide local matching funds to assure payment of project costs. SUB-RECIPIENT shall provide these funds when necessary to meet project costs. SUB-RECIPIENT will not refund or reduce its share of the Project cost unless there is a corresponding proportional grant amount refund to the State. State will make grant payments to SUB-RECIPIENT based upon the State’s receipt and approval of reports and invoices submitted by SUB-RECIPIENT.
STATE OF MONTANA
Department of Transportation SECTION 5303 PLANNING CONTRACT
283
2
The final report is due within 30 days after the end of the Federal Fiscal Year. If reports are not received within this time period, SUB-RECIPIENT agrees payment may be forfeited for that quarter, unless MDT has provided SUB-RECIPIENT with prior written approval for the delay. SUB-RECIPIENT shall advise the State in writing of Project progress at such times and in such manner as the State and FTA may require, but not less than on a quarterly basis. SUB-RECIPIENT agrees to seek and obtain federal assistance only for eligible costs of the Project as set forth in 2 CFR Part 200 Subpart E and the FTA Master Agreement. The State will make grant payments to SUB-RECIPIENT based upon the State’s approval of reports and invoices properly submitted by the SUB-RECIPIENT.
The State must give prior written approval for SUB-RECIPIENT to use any Section 5303 funds to attend courses, workshops, conferences and similar activities. Reimbursement for both in-state and out-of-state travel will be at rates prescribed in Mont. Code Ann 2-18-501, et seq.
SUB-RECIPIENT shall submit to the State for prior approval any changes in a work element resulting in a cost increase or decrease over 10%. SUB-RECIPIENT shall indicate the task and
amount of the overrun or underrun. SUB-RECIPIENT shall notify the State through quarterly reports of any changes in work elements resulting in a cost increase or decrease of 10% or less. However, the federal share of the overall Section 5303 budget will not be exceeded. The State must authorize any transfer of funds between or among UPWP tasks within the approved budget. SUB-RECIPIENT shall indicate from which tasks federal funding will be transferred to offset the task over expended. 2. FEDERAL AWARD IDENTIFICATION SECTION 2.1. SUB-RECIPIENT Name. [City of Bozeman] SECTION 2.2. SUB-RECIPIENT’S Unique Entity ID (UEI). [EEAPKALAEM35] SECTION 2.3. Federal Award Identification Number (FAIN). [MT-2025-0XX-00]
SECTION 2.4. Federal Award Date (see the definition of Federal award date in 2 CFR § 200.1) of award to the Recipient by the Federal Agency. [10/01/2024]
SECTION 2.5. Subaward Period of Performance Start and End Date. The Subaward Period of Performance is from October 1, 2024 - September 30, 2025.
SECTION 2.6. Subaward Budget Period Start and End Date. The Subaward Budget Period is from October 1, 2024 - September 30, 2025. SECTION 2.7. Amount of Federal Funds Obligated by this action by the pass-through entity to SUB-RECIPIENT. [$95,140] SECTION 2.8.Total Amount of Federal Funds Obligated to SUB-RECIPIENT by the pass-through entity including the current financial obligation. [$95,140] SECTION 2.9. Total Amount of the Federal Award committed to SUB-RECIPIENT by the
pass-through entity. [$95,140]
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SECTION 2.10. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA). Provide operating assistance as described in SUB-RECIPIENT’S Unified Planning Work Program. SECTION 2.11. Name of Federal awarding agency, Pass-Through entity, and contact information for awarding official of the Pass-Through entity. The FTA is the awarding agency. MDT is the Pass-Through entity. Statewide and Urban Supervisor, is the liaison for the Pass-through entity. SECTION 2.12. Assistance Listings number and Title; the pass-through entity must identify
the dollar amount made available under each Federal award and the Assistance Listings Number at time of disbursement. [$636,815] has been made available under assistance listing number CFDA #20.505, Metropolitan
Transportation Planning and State and Non-Metropolitan Planning and Research.
SECTION 2.13. Identification of whether the award is research and development (R&D). This Agreement does not involve research or development. SECTION 2.14. Indirect cost rate for the Federal award (including if the application of the de minimis rate per 2 CFR 200.414 Indirect Costs (F & A) costs). If SUB-RECIPIENT claims a negotiated Indirect Cost (IDC) rate for reimbursement, the IDC rate must be in accordance with the CFR cited below. A copy of the IDC approval letter from the SUB-RECIPIENT’S federal cognizant agency must be submitted to MDT and approved prior to any reimbursement. If MDT is SUB-RECIPIENT’S primary source of federal funds, then a copy of SUB-RECIPIENT’S indirect cost plan must be submitted to MDT for review and approval. The percentage rate for indirect costs shall be maintained for the life of the project. SUB-RECIPIENT may elect to use the de minimis rate of 10% provided SUB-RECIPIENT meets the requirements set forth in 200.414(f).
2 CFR Part 200.332(a)(4), 200.414 and Appendices III-VIII and Appendix IX to Part 200, 48 CFR Part 31 - Commercial Organization and NPO's FAR. 3. General Terms and Conditions
Have the attached Section 5303 Planning General Terms and Conditions (Rev. 12/2024) of this agreement been modified?
Yes ☐ No ☒
The referenced Section 5303 Planning General Terms and Conditions (Rev. 12/2024), including Attachments A, B and C, are attached to this Agreement, and are incorporated into and made an integral part of this Agreement.
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SUB-RECIPIENT warrants that it has the lawful authority to enter into this Agreement, and that it has taken all actions and complied with all procedures necessary to execute the authority lawfully in entering into this Agreement, and that the undersigned signatory for SUB-RECIPIENT has been lawfully delegated the authority to sign this Agreement on behalf of SUB-RECIPIENT. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed. STATE OF MONTANA DEPARTMENT OF TRANSPORTATION CITY OF BOZEMAN By: _____________________________ By: ____________________________
Rob Stapley, Administrator Printed Name: Chuck Winn__ _____
MDT-Rail, Transit and Planning Division Title: City Manager________________
Dated: ____________________ Dated: ____ ____________
Copy: MDT Office of Civil Rights (DocuSign Notification)
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Rev. 12/2024 – For FFY25 Use Only
General Terms and Conditions SECTION 5303 PLANNING
ARTICLE 1. TERMS AND CONDITIONS SECTION 1.1 State Program Requirements. SUB-RECIPIENT will comply with all MDT Program requirements related to this Contract including, but not limited to, the Montana State Transit Management Plan (located on MDT's website MDT Montana Transit State Management Plan), the MDT Rail, Transit and Planning Division Title VI Plan, MDT’s Language Assistance Plan, the MDT Disadvantaged Business Enterprises (DBE) Program, and the Information Technology Services Architecture Plan. SUB-RECIPIENT further agrees to flow down these requirements to Third Party Participants at all tiers for the Project and related activities. SECTION 1.2 Default. Nonperformance by SUB-RECIPIENT with any obligation imposed by this Contract, including, but not limited to, noncompliance with federal requirements and guidance, State requirements, or reduction of local project cost funding, will constitute default. SECTION 1.3 Termination. This Contract may be terminated by MDT by serving a notice of termination on SUB-RECIPIENT. Termination may occur for either convenience or default. If termination is for convenience, the notice shall give SUB-RECIPIENT thirty days to wind down its activities under this Contract. If termination occurs due to default, the notice shall state the nature of SUB-RECIPIENT’S default and offer SUB-RECIPIENT an opportunity to explain its nonperformance. If the State finds SUB-RECIPIENT has a reasonable excuse for nonperformance, which is beyond the control of SUB-RECIPIENT, the State may set up a new work schedule and allow the completion of this Contract. Notwithstanding the foregoing, violations of Article 2, Sections 2.3 through 2.7 will result in a default that is subject to immediate disqualification, suspension, or termination of the Contract for cause without the provision of any notice period. In any termination, the State will make its contractual payments proportionate to the work properly performed in accordance with this Contract prior to the date of termination. SUB-RECIPIENT shall account for any Project property in its possession. SECTION 1.4 Litigation. Controversy arising from this Contract may result in litigation. Arbitration is not available. This Contract shall be governed by Montana law. SECTION 1.5 Venue. In the event of litigation concerning this Contract, venue shall be in the First Judicial District of the State of Montana, Lewis and Clark County. SECTION 1.6 Contract Modification. Any change in this Contract will only be by written agreement of the Parties. SECTION 1.7 Assignment and Subcontracting. SUB-RECIPIENT shall not assign any portion of the work to be performed under this Contract, or execute any contract, amendment or change order thereto, or obligate SUB-RECIPIENT in any manner to any Third Party Participant with respect to SUB-RECIPIENT’S rights and responsibilities under this Contract, without the prior written concurrence of MDT.
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SECTION 1.8 Subcontracts and Subagreements. SUB-RECIPIENT shall include in all subcontracts and subagreements entered into with Third Party Participants pursuant to this Contract a copy of this Contract, and the subcontract or subagreement will make the provisions of this Contract a specific part of the subcontract or subagreement. In addition, SUB-RECIPIENT and all Third Party Participants shall include the following provisions in any advertisement or invitation to bid for any procurement under this Contract: Sections 1.9 to 2.25 of this Contract. SUB-RECIPIENT is required to report to MDT the Unique Entity ID (UEI) number for any subcontract or subagreement. SECTION 1.9 Statement of Financial Assistance. This Contract is subject to a financial assistance contract between MDT, the United States Department of Transportation (U.S. DOT), and the FTA. SECTION 1.10 Indemnification. SUB-RECIPIENT shall protect, indemnify, defend, and hold harmless the State of Montana, MDT, its elected and appointed officials, agents, and employees, while acting within their duties as such, from and against all claims, demands, liabilities, causes of action, and judgments (including costs and attorney fees) arising in favor of or asserted by SUB-RECIPIENT’S employees or third parties on account of damage to property, bodily or personal injury, death, or other damage to persons or entities arising or resulting from acts or omissions of SUB-RECIPIENT, its agents, subcontractors, or other Third Party Participants, under or related to this Contract. SECTION 1.11Access and Retention of Records. SUB-RECIPIENT agrees to provide the State, Legislative Auditor or their authorized agents access to any records necessary to determine compliance with this Contract. SUB-RECIPIENT agrees to create and retain records supporting this Contract for a period of three years after the completion date of this Contract or the conclusion of any claim, litigation or exception relating to this Contract taken by the State or a third party. SUB-RECIPIENT further agrees to comply with applicable federal record access and retention requirements and guidance for the Project and related activities and to flow down those requirements to Third Party Participants at all tiers. SECTION 1.12 Notice. All notices arising from the provisions of this Contract shall be in writing and given to the parties at the addresses listed above, either by regular mail or delivery in person. SECTION 1.13 Agency Assistance. No assistance, other than provided for by this Contract, will be required, but may be provided at the discretion of the State. SECTION 1.14 Severability and Integration. If any part, or parts, of this Contract are determined to be void, the remaining parts will remain valid and operative. This document, together with its schedules, attachments, exhibits, and other documents incorporated by reference, represent the complete and entire understanding of the parties on its subject matter. No provision, express or implied, arising from any prior oral or written request, bid, inquiry, negotiation, contract, or any other form of communication, shall be a provision of this Contract unless it is reduced to writing, signed by the parties, and attached to this document. SECTION 1.15 Waivers. A party's failure to enforce any provision of this Contract shall not be construed as a waiver excusing the other party's future performance.
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ARTICLE 2. FEDERAL REQUIREMENTS SECTION 2.1 Applicability of Federal Requirements and Guidance. SUB-RECIPIENT agrees to comply with the provisions of the Underlying Agreement between the FTA and State as well as all applicable federal requirements and guidance governing the Project and related activities as those terms and other terms in this Contract are defined in the current FTA Master Agreement MA(30) (FTA Master Agreement) located at the FTA website: https://www.transit.dot.gov/funding/grants/grantee-resources/sample-fta-agreements/fta-master-agreement-version-30-november-2. SUB-RECIPENT further assures the compliance of its Third Party Participants at all tiers for all such requirements and agrees to flow down the requirements to Third Party Participants at all tiers, for the Project and related activities. SUB-RECIPIENT understands this Contract includes certain requirements specifically prescribed by Federal law or regulation and does not list all Federal requirements and guidance that may apply to SUB-RECIPIENT, Third Party Participants, or the Project and related activities. The clauses in this Contract have been streamlined to highlight the most prevalent requirements that govern this award, however additional Federal laws, regulations and directives contained in the FTA Master Agreement and FTA Certifications and Assurances (https://www.transit.dot.gov/sites/fta.dot.gov/files/2023-01/FY23-certifications.pdf) will also apply to SUB-RECIPIENT and Third Party Participants for the Project and related activities. SUB-RECIPIENT‘S signature upon this document acknowledges they have read and understand the FTA Master Agreement and FTA Certifications and Assurances, which are herein incorporated by reference and made a part of this Contract. The SUB-RECIPIENT further agrees to fully comply with all State requests necessary for the State to meet its obligations to the FTA for the Project and related activities as set forth in the Underlying Agreement between the FTA and State and applicable federal requirements and guidance. SECTION 2.2 Prohibited Interest. No employee, officer, board member or agent of SUB-RECIPIENT shall participate in the selection, award, or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: (1) The employee, officer, board member or agent;
(2) Any member of his or her immediate family;
(3) His or her partner; or
(4) An organization which employs or is about to employ any of the above; has a financial or other interest in the firm selected for award. SUB-RECIPIENT’S employees, officers, board members or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties of sub-contracts. SUB-RECIPIENT shall establish and maintain written Standards of Conduct covering conflicts of interest as set forth in the FTA Master Agreement. SECTION 2.3 Ineligible Bidders. Bidders or Suppliers whose names appear on the United States Comptroller General's List of Ineligible Contractors located at https://www.sam.gov/SAM/ are not eligible for award of, or participation in, any Third Party contract that may be awarded as a result of this Contract. Submission of a bid by any bidder constitutes certification that the bidder or any subcontractor or suppliers to the bidder, on the proposed contract, if one is awarded, are not on the Comptroller General's List of Ineligible Contractors. A subsequent determination by FTA that a bidder knowingly made any misstatement of fact in this regard will be cause for immediate disqualification, suspension, or termination of the Contract for cause.
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SECTION 2.4 False or Fraudulent Statements or Claims. SUB-RECIPIENT acknowledges that, should it make a false, fictitious, or fraudulent claim, statement, submission, or certification to the State or Federal Government regarding the Project or related activities, FTA reserves the right to pursue the procedures and impose on SUB-RECIPIENT the penalties of 18 USC 1001, 31 USC Ch. 38, as may be deemed by FTA to be appropriate. A violation in this regard will be cause for immediate disqualification, suspension, or termination of the Contract for cause. SECTION 2.5 Trafficking in Persons. SUB-RECIPIENT agrees to comply and assures the compliance of each Third Party Participant, with federal requirements and guidance prohibiting trafficking in persons, including but not limited to the laws set forth in Attachment C, Required Contract Language. If SUB-RECIPIENT is a private entity, SUB-RECIPIENT further agrees that it and its employees that participate in the SUB-RECIPIENT’S Award, may not: (1) Engage in severe forms of trafficking in persons during the period of time this Contract is in effect; (2) Procure a commercial sex act during the period of time this Contract is in effect; or (3) Use or allow the use of forced labor in the performance of this Contract or any Third Party agreement or contract at any tier. A determination that SUB-RECIPIENT or its employees have engaged in the referenced conduct will be cause for immediate disqualification, suspension, or termination of the Contract for cause. SECTION 2.6 Federal Tax Liability and Recent Felony Convictions. If SUB-RECIPIENT is a private corporation, partnership, trust, joint-stock company, sole proprietorship, or other business association, SUB-RECIPIENT certifies that it: (1) Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months. SUB-RECIPIENT agrees to require all Third Party Participants to flow this requirement down to participants at all lower tiers, without regard to the value of any contract or subagreement. A subsequent determination that SUB-RECIPIENT or Third Party Participant knowingly made any misstatement of fact in this regard will be cause for immediate disqualification, suspension, or termination of the Contract for cause.
SECTION 2.7 Certification Regarding Federal Lobbying. Certification for Contracts, Grants, Loans, and Cooperative Agreements. SUB-RECIPIENT certifies, to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
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(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, ‘‘Disclosure Form to Report Lobbying,’’ in accordance with its instructions. (c) SUB-RECIPIENT shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
SECTION 2.8 Certification Regarding Debarment and Suspension.
Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a 144 certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
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6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters: Primary Tier Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.
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(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification. (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
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7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. SECTION 2.9 No Federal or State Obligations to Third Parties. The Federal Government does not and shall not have any commitment or liability related to this Contract or to any Third Party Participant at every tier, or to any other person or entity that is not a party to the Underlying Agreement (FTA or the State). The State shall not be subject to any obligations or liabilities to any Third Party Participant or to any other person or entity that is not a party to the Underlying Agreement regarding the Project or related activities without the specific written consent of the State and FTA. Neither the concurrence in nor the approval of the award of this Contract or any agreement or contract at any tier, or the solicitation thereof, nor any other act performed by the Federal Government or State related to the Project or related activities shall constitute such consent. SECTION 2.10 Compliance with Non-Discrimination Laws. SUB-RECIPIENT agrees to comply and assures that each Third Party Participant at every tier will comply with all federal and state laws and MDT Programs relative to non-discrimination in Federally and State-assisted programs of the U.S. DOT and the State. SUB-RECIPIENT further agrees to include a covenant in the title of real property acquired for use in the Project that assures nondiscrimination during the useful life of that real property. SUB-RECIPIENT’S signature upon this document acknowledges SUB-RECIPIENT has read and understands Attachment A, MDT Nondiscrimination and Disability Accommodation
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Notice, which includes a non-exhaustive list of federal and state non-discrimination laws. Attachment A is herein incorporated by reference and made a part of this Contract. SECTION 2.11 Title VI. SUB-RECIPIENT agrees to prohibit discrimination and assures that each Third Party Participant at every tier will prohibit discrimination relative to Title VI as set forth in federal requirements and guidance, the FTA Master Agreement, and FTA Certifications and Assurances. SUB-RECIPIENT further agrees to comply and assures the compliance of each Third Party Participant at every tier for the Project and related activities with requirements including, but not limited to, all Title VI federal requirements and guidance, Title VI of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 2000d, et seq.; U.S. DOT regulations, “Nondiscrimination in Federally-Assisted Programs of the Department of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964;” 49 CFR Part 21; Federal transit law, specifically 49 USC § 5332; the most recent edition of FTA Circular 4702.1, “Title VI Requirements and Guidelines for Federal Transit Administration Recipients;” the FTA Master Agreement; FTA Certifications and Assurances; and the MDT Rail, Transit and Planning Division Title VI Plan. SECTION 2.12 Participation by Disadvantaged Business Enterprises. (1) SUB-RECIPIENT and all Third Party Participants (at every tier) must comply with applicable federal and state laws regarding DBEs, including but not limited to 49 CFR Part 26. SUB-RECIPIENT agrees to comply and require all Third Party Participants (at every tier) to comply with all MDT DBE Program requirements. SUB-RECIPIENT agrees to comply with the DBE language in Attachment A and include it in all agreements and contracts with Third Party Participants. (2) MDT’s agency-wide FTA approved DBE race-neutral goal (DBE goal) is currently 0.7% . SUB-RECIPIENT and all Third Party Participants agree to make a good faith effort to contribute to the meeting of the most current FTA-approved DBE goal set forth on the MDT OCR website. (3) Montana's DBE directory is located at the following website: https://mdt.mt.gov/business/contracting/civil/dbe.aspx. SUB-RECIPIENT and Third Party Participants can request quotes from DBE-certified companies by using the on-line form located at the following website: https://app.mdt.mt.gov/dbeqt. The information in the online request is transmitted to DBE-certified companies the same day it is submitted by SUB-RECIPIENT or a Third Party Participant. SUB-RECIPIENT agrees to report expenses through MDT’s online program quarterly to MDT. (4) SUB-RECIPIENT shall require each transit vehicle manufacturer (TVM), as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to certify that it has complied with the requirements of 49 CFR Part 26. SUB-RECIPIENT acknowledges that only those TVMs listed on FTA’s certified list of TVMs, or that have submitted a goal methodology to FTA that has been approved or has not been disapproved, at the time of solicitation are eligible to bid. (5) SUB-RECIPIENT’S failure to comply with the TVM requirements set forth in federal law, the FTA Master Agreement, or MDT’s DBE program may result in formal enforcement action or appropriate sanction as determined by the FTA or MDT (e.g., FTA or the State declining to participate in the vehicle procurement). (6) SUB-RECIPIENT must submit to MDT the name of the TVM and the total dollar value of the Third Party contract within 10 days and notify FTA of the same within 30 days. SUB-RECIPIENT agrees to submit additional notifications to MDT and the FTA if options are exercised in subsequent years to ensure that the TVM is still in good standing.
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SECTION 2.13 Age Discrimination and ADA. SUB-RECIPIENT agrees to comply and require Third Party Participants at all tiers for the Project and related activities to comply with all applicable requirements of the Age Discrimination Act of 1975, as amended, Title 42 USC Chapter 76, Section 6101 et seq., and implementing regulations, which prohibit employment and other discrimination against individuals on the basis of age. SUB-RECIPIENT also agrees to comply and require its Third Party Participants at all tiers for the Project and related activities to comply with the requirements of 49 USC 5301(d), 29 USC 794, the Americans with Disabilities Act, as amended (42 USC 12101 et seq.), and the Architectural Barriers Act of 1968, as amended (42 USC 4151 et seq.), as well as the applicable requirements of the regulations implementing those laws. SECTION 2.14 Disability Accommodation. MDT is committed to operating all of its programs and services without regard to disability in accordance with all applicable federal and state laws, including Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Civil Rights Restoration Act of 1973, and Title II and III of the Americans with Disabilities Act. MDT does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need aids, alternative document formats or services for effective communications or other disability-related accommodations in the programs and services offered are invited to make their needs and preferences known to the MDT ADA Coordinator. Any person who believes he or she may have been discriminated against on the basis of disability may contact the MDT, Office of Civil Rights, and file a formal complaint. SECTION 2.15 Employee Protections. SUB-RECIPIENT agrees to comply and assures that each Third Party Participant at every tier will comply with all applicable federal laws, regulations, and requirements providing protections for employees involved in the Project or related activities with federal assistance provided through the Underlying Agreement including, but not limited to, the following requirements as specifically set forth in the FTA Master Agreement: Prevailing Wage Requirements; Wage and Hour Requirements; Anti-Kickback Prohibitions; and Construction Site Safety Requirements. SECTION 2.16 Notice to Third Party Participants of Federal Changes. Federal requirements that apply to the State or the Award, the accompanying Underlying Agreement, and any Amendments thereto may change due to changes in federal law, regulation, other requirements, or guidance, or changes in the State’s Underlying Agreement with the FTA including any information incorporated by reference and made part of that Underlying Agreement. Applicable changes to those federal requirements will apply to each Third Party Agreement and Contract and parties thereto at any tier. SUB-RECIPIENT’S or Third Party Participant’s failure to comply with any federal changes shall constitute a material breach of this Contract. SECTION 2.17 Federal Interest in Project Property. SUB-RECIPIENT agrees that the Federal Government retains a federal interest in all real property, equipment, and supplies acquired or improved for use in connection with a Project (Project Property) until, and to the extent that, the Federal Government removes its interest. SUB-RECIPIENT acknowledges that MDT may require additional instruments, documents or agreements relating to the Federal financial interest in the Project's property. SUB-RECIPIENT agrees to fully comply with all State requests to perfect Federal interests in Project property.
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SECTION 2.18 Disputes, Breaches, Defaults, and Litigation. (1) FTA Interest. Sub-recipient agrees that FTA has a vested interest in the settlement of any violation of federal law, regulation, or requirement, or any disagreement involving the Award, the accompanying Underlying Agreement, and any Amendments thereto including, but not limited to, a default, breach, major dispute, or litigation, and FTA reserves the right to concur in any settlement or compromise. (2) Notification to FTA; Flow Down Requirement. If a current or prospective legal matter that may affect the Federal Government emerges, the Sub-recipient must promptly notify the FTA Chief Counsel, FTA Regional Counsel for the Region in which the State is located, and the MDT Chief Legal Counsel. The Sub-recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a “covered transaction” according to 2 C.F.R. §§ 180.220 and 1200.220. (a) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. (b) Matters that may affect the Federal Government include, but are not limited to, the Federal Government’s interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government’s administration or enforcement of federal laws, regulations, and requirements. (c) Additional Notice to U.S. DOT Inspector General. The Sub-Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel, Regional Counsel for the Region in which the Recipient is located, and MDT Chief Legal Counsel, if the Sub-recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729, et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bid rigging, misappropriation or embezzlement, bribery, gratuity, or similar misconduct involving federal assistance. This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Sub-recipient and FTA or MDT, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Sub-recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Sub-recipient. In this paragraph, “promptly” means to refer information without delay and without change. This notification provision applies to all divisions of the Sub-recipient, including divisions tasked with law enforcement or investigatory functions. (3) Federal Interest in Recovery. The Federal Government retains the right to a proportionate share of any proceeds recovered from any third party, based on the percentage of the federal share for the State’s Underlying Agreement. Notwithstanding the preceding sentence, the State may return all liquidated damages it receives to its Award Budget for its Underlying Agreement rather than return the federal share of those liquidated damages to the Federal Government, provided that the State receives FTA’s prior written concurrence.
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SECTION 2.19 Settlement of Disputes with Third Party Participants. FTA has a vested interest in the settlement of disputes, defaults, or breaches involving any federally assisted Project. FTA retains the right to a proportionate share, based on the percentage of the Federal share committed to the Project, of any proceeds derived from any third party recovery. Therefore, SUB-RECIPIENT shall avail itself of all legal rights available under any agreement or contract with a third party. SUB-RECIPIENT shall notify the State of any current or prospective litigation or major disputed claim pertaining to any third party contract. FTA reserves the right to concur in any compromise or settlement of SUB-RECIPIENT’S claim(s) involving any third party contract, before making Federal assistance available to support that settlement. If the third party contract contains a liquidated damages provision, any liquidated damages recovered shall be credited to the Project account involved unless FTA permits otherwise. SECTION 2.20 Incorporation of FTA Terms for Third Party Contracting. The preceding provisions include, in part, certain Standard Terms and Conditions required by U.S. DOT for third party agreements and contracts, whether expressly set forth in the preceding Contract provisions. All contractual provisions required by U.S. DOT, including those set forth in FTA Circular 4220.1F, are hereby incorporated into this Contract by reference. All federal requirements, guidance and FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. SUB-RECIPIENT further agrees to flow down such contract language to Third Party Participants at all tiers for all Project agreements and contracts. SUB-RECIPIENT shall not perform any act, fail to perform any act, or refuse to comply with any State requests which would cause the State to be in violation of the FTA terms and conditions. SUB-RECIPIENT further agrees to ensure agreements and contracts with Third Party Participants at all tiers comply with applicable federal requirements, and follow applicable federal guidance including, but not limited to, the requirements set forth in Attachment C, Required Contract Language. SECTION 2.21 Compliance with Laws. Some of the clauses contained in this Contract are not governed solely by Federal law but are significantly affected by State law. The laws and regulations cited in this Contract are not all-inclusive of those which may apply to the successful completion of this Contract. SUB-RECIPIENT understands that it is its responsibility to learn which federal, state, and local laws and regulations will apply to its operation under this Contract, and that SUB-RECIPIENT is solely responsible for its lawful compliance with all laws and regulations. SECTION 2.22 Drug and Alcohol Compliance. SUB-RECIPIENT shall comply with FTA drug and alcohol rules as established in the “Implementation Guidelines for Drug and Alcohol Regulations in Mass Transit,” set forth in 49 CFR Part 40, and Part 655; Drug-Free Workplace Act. SUB-RECIPIENT further certifies that it and its Third Party Participants at all tiers are compliant with FTA’s regulation for the Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations, 49 CFR Part 655. SUB-RECIPIENT understands and agrees that failure to comply with this section constitutes default pursuant to Article 2, Section 2.2. Alcohol and Controlled Substance Testing. SECTION 2.23 Privacy Act. SUB-RECIPIENT agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC § 552a. Among other things, SUB-RECIPIENT agrees to obtain the express consent of the Federal Government before SUB-RECIPIENT, or its employees, operate a system of records on behalf of the Federal Government. SUB-RECIPIENT understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.
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SECTION 2.24 Coordination. SUB-RECIPIENT of any capital project purchased through this program certifies: (1) the projects selected were derived from a locally developed and coordinated public transit and human services transportation plan; (2) the plan was developed through a process that included representatives of public, private and nonprofit transportation and human services providers as well as the general public; and (3) vehicle use and location is identified in the planning document and will not be altered without the prior written permission of MDT. Should the recipient of any capital project withdraw from the coordinated plan, the ownership of any vehicle purchased under the plan shall revert back to the State or the State will be reimbursed full cost of the capital. SECTION 2.25 Single Audit. SUB-RECIPIENT may be subject to the audit requirements of 2 CFR 200 Subpart F if the audit threshold in 2 CFR 200.501 of $750,000 is met. An audit must be conducted in compliance with 2 CFR 200 Subpart F if required. The audit must be completed, and the data collection form and reporting package submitted to the Federal Audit Clearinghouse within the earlier of 30 calendar days after the receipt of the auditor’s report(s) or nine months after the end of the audit period. For local governments and school districts, SUB-RECIPIENT will provide the report to the State of Montana, Department of Administration, Local Government Services Bureau. All other SUB-RECIPIENT such as Tribal Communities and Non-Profit Organizations will provide the report to the State of Montana, Department of Transportation, Audit Services if audit findings are discovered. If SUB-RECIPIENT fails to submit a single audit within the required timelines, MDT will not reimburse SUB-RECIPIENT for grant expenditures. SUB-RECIPIENT should cease project activity unless SUB-RECIPIENT can incur the expense without reimbursement. In addition, MDT will be unable to enter into future agreements with SUB-RECIPIENT until compliance with this section is completed including any corrective action required is taken. SECTION 2.26 SUB-RECIPIENT Monitoring. MDT may subject SUB-RECIPIENT to additional sub-recipient monitoring by the MDT Transit Program, at MDT’s discretion, if SUB-RECIPIENT acts or fails to act in any way that increases the risk of SUB-RECIPIENT’S inability to comply with the Contract and/or federal and state grant requirements.
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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.
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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.
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(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);
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- 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.
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Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer II
Shawn Kohtz, City Engineer
SUBJECT:Authorize the City Manager to Sign a Memorandum of Agreement with the
Montana Department of Transportation for the Riverside Sewer Force Main
Project
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Agreement - Legal
RECOMMENDATION:Authorize the City Manager to Sign a Memorandum of Agreement with the
Montana Department of Transportation for the Riverside Sewer Force Main
Project
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The City has designed a sewer force main to reroute wastewater from
annexed properties of the Riverside Community to the City's Water
Reclamation Facility. The proposed force main alignment is within the
Montana Department of Transportation's (MDT's) right-of-way. As a
condition of approval for an encroachment permit for this utility, MDT has
required the City to sign a memorandum of agreement to clarify design,
construction, and maintenance responsibilities related to this project.
UNRESOLVED ISSUES:The City is in the process of negotiating a separate contractor's agreement
with the Montana Department of Transportation for the proposed routing of
the new force main. This agreement must be finalized before project award.
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:None
Attachments:
CityMaintenace MOA-watermain-Bozeman-Springhill-
Sewermain-final.pdf
Report compiled on: January 23, 2025
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City/State Memorandum of Agreement
City of Bozeman – Sewer Force Main – Springhill Rd (U-1219)
Maintenance Agreement
January 2025
This Memorandum of Agreement (“Agreement”) is made and entered into by and between the City
of Bozeman (“the City”), whose address is 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 59601-1001, 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 Utility Permit for the City sewer force
main installation within MDT right-of-way on Springhill Rd (U-1219) Reference Post (RP) 0.233 to
0.934 within the City of Bozeman Montana. This Agreement sets forth the terms necessary for the
City to install a new sewer force main, provide long-term maintenance for the sewer force main
shown in Attachment B within the MDT right-of-way, and issuance of the Utility Permit.
WHEREAS, MDT is responsible for planning, designing, constructing, and maintaining the State
highway and roadway 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 (U.S.C.) and Title 60 Montana Code Annotated (MCA)
including US 93 (N-5); and
WHEREAS, Springhill Rd (U-1219) is on the Urban 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 sewer force main
herein after referred to as “the Project” within MDT right-of-way; and
WHEREAS, in accordance with the State’s agreement with the Federal Highway Administration
(FHWA) of the U.S. Department of Transportation, MDT must ensure that certain requirements are
met in order for MDT to fulfill its obligations to FHWA and for Springhill Rd (U-1219) to be eligible
for Federal Funds; and
WHEREAS, the Project includes the installation of a new sewer force main on Springhill Rd within
the City of Bozeman Montana, per approved plans (Attachment B); and
WHEREAS, The City has agreed to maintain or caused to be maintained the sewer force main within
Springhill Rd (U-1219) right-of-way subject to this Agreement; and
WHEREAS, This Agreement must be fully executed before the facilities may be installed with MDT
right-of-way; and
NOW, THEREFORE, the parties set forth the fundamental duties and responsibilities necessary for
the City to maintain the faculties proposed by the Project within MDT right-of-way.
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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 installation of the new sewer force main on Springhill Rd (U-
1219) within MDT right-of-way. The documents are identified as Attachment B attached
and made part of this Agreement.
2. The City will submit and received approval from MDT 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 Bozeman Area staff to discuss
construction-related activities and coordination prior in initiating any work within MDT
right-of-way. MDT Bozeman Area staff must be notified, and an approval received a
minimum of two (2) business days prior to commencing any construction and/or
maintenance work within MDT right-of-way.
4. The City agrees that no fixture, building, structure, or other permanent installation other
than those shown in Attachment B shall be constructed within MDT right-of-way.
5. The City, at its sole expense, agrees to repair, or cause to be repaired, any damages to the
Springhill Rd (U-1219) right-of-way attributable to the City’s construction and maintenance
of the Project. The City agrees it will repair Springhill Rd (U-1219) right-of-way to
approved standards determined by MDT. Any damage identified by the City must be
repaired within 60 calendar days of malfunction or damage, unless another time frame is
agreed upon by the City and the MDT Bozeman Area Maintenance Chief. Any damage
identified by MDT must be repaired by the City within 60 calendar days of notice by MDT, as
solely determined by MDT, unless other time frame is agreed upon by the City and the MDT
Bozeman Area Maintenance Chief.
6. The City must provide for contract performance security for future maintenance work if
MDT Bozeman Area staff determine a security is required. The bond amount and term will
be determined by the MDT Bozeman Area Maintenance Chief based on maintenance work
scope and impacts to MDT facilities. The requirements for the security will be based on the
State of Montana requirements for contract performance bonds.
Article II. General Obligations of MDT
1. MDT, at MDT’s sole expends agrees it will maintain all items within the roadway right of
way, including the roadway surface (pavement repair, pavement preservation, and
snowplowing), and will maintain all features, including signals (if present) and non-
decorative roadway lighting, unless otherwise noted herein.
2. MDT agrees to review any Utility Permit work for the installation of the new sewer force
main within the Project area on MDT right-of-way for compliance with State and Federal
laws and rules. If the work is allowed within MDT right-of-way, MDT will issue the Utility
Permit.
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3. If the City is not able to complete the maintenance requirements in Article I, MDT may
complete the required maintenance due to public emergency or safety concerns and may
seek compensation from the City.
4. MDT will notify the City and grant permission to partially close and/or initiate work on
Springhill Rd (U-1219) after execution and under the terms of this Agreement as
determined by the MDT Bozeman Area Maintenance Chief.
5. MDT will assign staff to provide construction oversight during the Project.
6. MDT will establish MDT’s point of contact for construction as well as fee assessment related
issues for the Project as Ted Jones, Bozeman Area Maintenance Chief, tejones@mt.gov,
(406)556-4704.
7. MDT will require all traffic control plans be approved by Kristina Kilts, Butte Traffic
Engineer, kkilts@mt.gov, (406)556-4707.
Article III. Project Specific Provisions:
1. Construction Storm Water General Permit
a. The City will follow the DEQ and City’s Storm Water Pollution Prevention Plan
(SWPPP) requirements.
b. The City will pay annual fees associated with permit coverage until termination.
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 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 improvements 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
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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 negligence
of MDT.
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
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.
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
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 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.
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Neither the contractor nor its employees are employees of MDT. This
insurance/exemption must be valid for the entire Agreement period
6. Public Safety
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.
7. Invoicing and Indirect Costs (IDC)
a. 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.
Montana Code Annotated §17-1-106, requires any state agency, including MDT, which
received 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 rate agreed to by MDT and the
Federal Highway Administration (FHWA).
i. Invoice will be sent to:
City of Bozeman
Attention: Adam Oliver
P.O. Box 1230
Bozeman, MT 59771
ii. Payments shall be made to:
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
P.O. 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.
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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 – MDT requires that 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 Untied State Department of Justice 2010 ADA Standards for
Accessibility Design, United States Access Board Guidelines for Pedestrian Facilities in the
Public Right-or-Way and MDT’s detained drawings, 608 series.
13. Audit – 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.
14. Utilities – 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. Copies of existing utility permits may be obtained from the MDT District Utility
Agent.
15. 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.
16. Representatives
a. City’s Representative: The City’s Representative for this Agreement shall be the City
Administrator 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: 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 direction or communication shall be directed to
MDT’s Representative; provided, however, that the exigent circumstances when
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MDT’s Representative is not available, the City may direct its directions or
communication or submission to other designated MDT personnel or agents.
17. 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.
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IN WITNESS WHEREOF, the Department’s authorized representative has hereunto signed
on behalf of the State of Montana, and the City Manager of the City of Bozeman, on behalf of the City.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
By ______________________________________________ ______________________, 2025
Montana Department of Transportation
________________________________
Approved for Legal Content
________________________________
Approved for Civil Rights
CITY OF BOZEMAN
By __________________________________________________ _______________________, 2025
Chuck Winn, Interim City Manager
ATTEST: APPROVED AS TO FORM AND CONTENT:
________________________________
Mike Maas, City Clerk
_________________________________
Greg Sullivan, City Attorney
(SEAL)
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ATTACHMENT A
MDT Nondiscrimination and Disability Accommodation Notice
313
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.
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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.
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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);
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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.
317
ATTACHMENT B
Plans
(Included location area – total plans in separate document)
318
KALISPELLSHELBYHAVREGLASGOWGREAT FALLSLEWISTOWNMISSOULAHELENABUTTEDILLONBOZEMANBILLINGSHARDINSHERIDANMILES CITYGLENDIVESIDNEYANACONDAPROJECT LOCATION406-586-88341283 North 14th Avenue, #101Bozeman, Montana 59715RIVERSIDE LIFT STATIONAND FORCE MAINCITY OF BOZEMAN, MTWPCSRF #C302257PREPARED BY:SHEET INDEXPREPARED FOR:CITY OF BOZEMAN20 EAST OLIVE ST.BOZEMAN, MT 59771G00PERMIT SETKEVIN R. JOHNSON, P.E. 14863SR. PROJECT MANAGERDOWL319
Memorandum
REPORT TO:City Commission
FROM:Addi Jadin, Park Planning and Development Manager
Mitchell Overton, Director of Parks and Recreation
SUBJECT:Authorize the City Manager to Sign a Utility Easement and License
Agreement with Northwestern Energy for Christie Fields and Langhor Park
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to Sign a Utility Easement and License
Agreement with Northwestern Energy for Christie Fields and Langhor Park
STRATEGIC PLAN:6.5 Parks, Trails & Open Space: Support the maintenance and expansion of
an interconnected system of parks, trails and open spaces.
BACKGROUND:Northwestern Energy seeks to establish new utility easements and upgrade
and relocate power lines at two locations within City of Bozeman Parks in
order to serve Montana State University increased demand.
At Christy Fields, the request is to establish a new easement to allow the
installation of underground electrical line along the north property boundary
and one new power pole to elevate the underground line to overhead poles
west of the park. The project would eliminate the existing overhead lines
that run just outside Christie in the backyard of the residences neighboring
the park. With minimal disruption to the park in an area void of trees or
vegetation, the project can be completed and improve views into and within
the park. The existing mature trees in neighboring homes would be less
impacted by the provision of the park easement instead of an upgrade
within the existing location.
At Langhor Park, the request is to establish a new easement where existing
overhead lines are currently located without an easement. This will include
removing the existing 45-foot poles and single circuit overhead three phase
line and replacing them with 50-foot poles and double circuit, three phase,
overhead line. Spans will range between 175-200 feet between poles and
there will be 8 overhead conductors. All the poles within Langhor Park will
be placed in the same location as the existing with the exception of one pole
in the gardens which will be relocated to the west of the garden and existing
trail.
UNRESOLVED ISSUES:NA.
320
ALTERNATIVES:Per commission.
FISCAL EFFECTS:Northwestern energy will pay the cost of the easement as determined by
the appraisal company and for the cost of the appraiser's services.
Attachments:
Christie-Langhor_NWE-License-Agreement_with-Exhibit.pdf
OH-UG-Electric-Easement_Christie.pdf
OH-Electric-Easement-Langhor.pdf
safe_print_Waiver Valuation_Langohr Gardens_rev.pdf
safe_print_Waiver Valuation_Christie Fields.pdf
Report compiled on: November 13, 2024
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License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens Page 1 of 14
AFTER RECORDING PLEASE RETURN TO:
City Clerk
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY
AND LANGHOR GARDENS PARKS
BY NORTHWESTERN ENERGY AT CHRISTIE FIELDS
This License Agreement (the “Agreement”) is entered into on ___________, 2025 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 NorthWestern Corporation, a Delaware corporation, d/b/a NorthWestern Energy, with a
mailing address of 11 East Park Street, Butte, MT 59701-1711 (hereinafter the “Licensee”, and
together 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 agree as follows:
1. Purpose. The City owns the real properties described as Christie Fields Park and
Langhor Gardens Park (and together referred to as “City Properties” or “Park Properties”) and
agrees to authorize Licensee to access a portion of the Park Properties for purposes of placing
and/or upgrading existing electric powerlines. The alterations of the Park Properties consist of the
following work at the locations described in Section 2.
a. Christie Fields.
i. Trenching or excavation of roughly 720 feet of soil within 10 feet of the
northern property line.
ii. Installation of underground electric powerline within the trench.
iii. Installation of one (1) wooden power pole to be located on the westerly
end of the easement area adjacent to South Black Avenue.
iv. Access to the park from South Black Avenue and South Rouse.
b. Langhor Gardens Park
i. Removal of existing overhead powerlines and power poles
ii. Installation of new power poles and overhead electric powerlines
iii. Access to the park from W. Mason Street and from S. Tracy Avenue
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License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens Page 2 of 14
2.
“Easement Area”).
Description of Licensed Property. The Park Properties subject to this Agreement
consist of the real property as described and depicted on Exhibit A, ("Licensed Property", or
3. Title. Licensee hereby acknowledges this Agreement grants a privilege and not an
interest in the Licensed Property and the title of the City to the Licensed Properties, and Licensee
agrees never to deny such title or claim, at any time, or claim any interest or estate of any kind or
extent whatsoever in the Licensed Properties by virtue of this Agreement or Licensee’s occupancy
or use hereunder. The City may enter the Licensed Properties at any time to assert its real property
interest or for other purposes which do not unreasonably interfere with the activities of the
Licensee authorized by this Agreement.
4. License for Construction and Installation of Improvements; Term. The City
hereby grants permission, revocable and terminable as provided herein, during period
commencing on the Effective Date and expiring on December 31, 2026 on the terms and conditions
set forth herein, which Licensee promises to comply with and abide by to Licensee for Licensee’s
fulfillment of its obligations as stated in this Agreement and/or the conditions of the Site
Plan, which Licensee promises to comply with and abide by (the “Use License”). The Use
License consists of permission for Licensee, their contractors, subcontractors and other
entities contracted with or hired by Licensees to use the Licensed Property and no other portion
of the Park Properties for only the purposes as stated herein. Construction of Improvements not
in compliance with the infrastructure plan shall be considered a breach of the Use License.
The term of the Use License may be extended by mutual agreement of the Parties in writing. The
City Manager is authorized to agree on behalf of the City to extension(s) of the term of the Use
License.
5. Indemnification/Insurance.
Licensee agrees to release, defend, indemnify and save the City, its agents,
representatives, employees and officers harmless from
a. Any and all claims, demands, costs, expenses, damages and liabilities
for injury, loss or damage to any person, entity of property arising out
of, resulting from, or occurring in connection with Licensee’s, its
contractor’s, and subcontractor’s use of the easement granted herein for
the construction, installation, operation, maintenance or repair to the
overhead powerline and any appurtenances;
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License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens Page 3 of 14
b. 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 or work associated with
such problems or disputes.
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 to such indemnitee(s). Licensee’s indemnity under this Section shall be without regard to and with any right to contribution from any insurance maintained by the City.
Should any indemnitee described herein be required to bring an action against Licensee to assert its right to defense or indemnification under this Agreement or under Licensee’s applicable insurance required below, the indemnitee shall be entitle to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction
determine Licensee 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 City resulting from the City’s obligation under this Agreement, the City may elect to represent itself and incur
all costs and expenses of suit. Licensee also waives any and all claims and recourse against the City of its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of the Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, M.C.A.
The obligations of this Section 5(a) shall survive termination of this Agreement.
a. In addition to and independent from the above, during the term of this
Agreement Licensee shall at Licensee’s expense maintain those insurances as
may be required by City as set forth below through an insurance company or
companies duly licensed and authorized to conduct business in Montana which
insures the liabilities and obligations specifically assumed by the Licensee in
Section 5(a). The insurance coverage shall not contain any exclusion for
liabilities specifically assumed by the Licensee in Section 5(a).
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License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens Page 4 of 14
Within ten (10) days following execution of this Agreement, Licensee shall
provide City with proof of such insurance in the form of a certificate of
insurance, the insuring agreement and all applicable endorsements
demonstrating that such insurance is in full force and effect and shall provide
such proof when requested by the City thereafter during the term of this
Agreement. The City may require additional evidence of the nature and scope
of the insurance required herein.
Licensee shall ensure such required insurance coverage is timely renewed so
that there is no lapse in coverage during the time such insurance must remain
in place. Licensee shall notify the City within two (2) business days of
Licensee’s receipt of notice that any required insurance coverage will be
terminated or Licensee’s decision to terminate any required insurance coverage
for any reason.
The insurance and required endorsements must be in a form suitable to the City.
b. Licensee shall obtain the following type of insurance in the amount indicated:
• Workers’ Compensation: not less than statutory limits; and
• Employers’ Liability: $1,000,000 each 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;
$2,000,000 annual aggregate;
• Additional coverage as may be reasonably required by the City from time
to time.
For liabilities assumed hereunder, the City, its officers, agents, and employees, shall be
endorsed as an additional or named insured on a primary non-contributory basis on the
Commercial General Liability and Automobile Liability policies.
6. Construction/Restrictions/Repair and Maintenance.
a. Licensee shall, at its sole cost and expense, incorporate the Licensed Properties
into any environmental permits required for the Project including management
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License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens Page 5 of 14
of a Stormwater Pollution Prevention Plan until the time the disturbed ground
is restored.
b. For the use of any public rights-of-way or any real property of the City other
than the Licensed Property the Licensee shall obtain an encroachment permit
from the City’s Director of Public Works or other applicable approvals.
c. Licensee shall keep the adjacent private and public properties including streets,
alleys, and sidewalks free from construction debris and other materials stored
or located on the Licensed Property. Sediment, rock, mud, and other debris
entering upon public or private property outside the Licensed Property from the
Licensee’s project shall be cleaned or removed immediately.
d. Licensee agrees to immediately repair any damage caused by Licensee, its
agents, invitees, guests, contractors or subcontractors to any public or private
property outside the Licensed Property including but not limited to streets,
curbs, sidewalks, and other infrastructure to the current City Standard for public
infrastructure, and to a condition acceptable to the owner for privately owned
infrastructure. Licensee agrees to timely comply with any request of the City
to perform maintenance and repairs to streets, curbs, sidewalks and other
infrastructure damaged by Licensee or Licensee’s agents, invitees, guests,
contractors, or subcontractors.
e. Any damage to the Park Properties and the Licensed Property shall be repaired
to a condition acceptable to the City. Maintenance or repair work to the Property
shall be performed to the City’s reasonable satisfaction.
7. Waste, Nuisance, and Unlawful Use Prohibited. Licensee shall not commit, or
suffer to be committed, any waste on the Park Properties or the Licensed Property, nor shall
Licensee maintain, commit, or permit the maintenance of any nuisance on the Park Properties or
the Licensed Property or use the Licensed Property for any unlawful purpose. Licensee shall not
do or permit anything to be done in or about the Park Properties or the Licensed Property which
shall in any way conflict with any law, ordinance, rule, or regulation affecting the occupancy and
use of the Park Properties or Licensed Property, which are or may hereafter be enacted or
promulgated by any public authority.
8. Hazardous Materials. Licensee agrees and represents that it shall not store or
dispose of on the Licensed Property any “Hazardous Materials” as defined by Federal, State or
local law as from time to time amended.
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License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens Page 6 of 14
9. Signage. Licensee, nor any of its agents may not install any signage except as
approved by the City’s Representative.
11. Restoration.
a. Within 30 days upon completion of the Licensee’s use of the Licensed Property
or within 30 days of termination of this Agreement pursuant to Section 12,
whichever is earlier, and under no circumstances later than October 31, 2026,
the Licensee shall cause the Licensed Property (and any portion of the Park
Properties disturbed by Licensee’s activities) to be fully restored to the
condition existing at the date of execution by the City. Restoration is at the
discretion of the City and may include but is not limited to grading and repairs
to failed sub-grade; reconstruction of accesses, fencing, and existing water
systems, as applicable; installation of ground cover as specified by the Parks
Superintendent or City Representative; and installation of temporary water
system or application of water sufficient to stabilize the area disrupted. In
addition, Licensee shall restore damage it or its agents, invitees, guests, hires,
contractors or subcontractors cause to other public or private infrastructure
adjacent to the Licensed Property to a condition as good or better than existed
prior to Licensee’s occupation of the Licensed Property. All work to restore the
Licensed Property shall comply with applicable building codes and the City’s
design and construction standards, except to the extent that the Existing
Condition, as explained below, does not comply with such codes and standards.
Licensee may be required to enter into a contract with the City for such work.
Licensee may cause their contractors or other agents to conduct such restoration
but in no case shall Licensee be relieved of its obligation under this Section
until such restoration is accepted by the City.
b. During operations involving excavation, Licensee will remove the topsoil from
the excavated area to a depth of one foot, or to the full depth of the topsoil,
whichever is less, and stockpile said topsoil for replacement over the excavated
area. It will remove from the site any large rocks or surplus excavating material
or any debris that may have been exposed by the excavation and remains after
backfilling is completed. And, it will leave the finished surface in substantially
the same condition as existed prior to the beginning of operations except that
the surface of backfilled areas may be mounded sufficiently to prevent the
formation of depressions after final settlement has taken place.
c. The Licensee will notify the City of Bozeman Parks and Recreation Department
30 days prior to any actions that could interfere with events or seasonal
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License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens Page 7 of 14
maintenance planned for the park area. When requested, the City of Bozeman
will provide the Licensee with all known scheduled events and seasonal
maintenance activities. The Licensee shall not prevent the use of the community
gardens within Langhor outside minor pre-authorized interruptions.
d. Licensee shall monitor the disturbed areas of Licensed Properties for weed
emergence for a period of 5 years after the initial installation and shall perform
at its sole expense, or pay to GRANTOR the reasonable value for, weed
mitigation necessitated in the area of disturbance.
e. Unless waived by the City Representative, prior to Licensee occupying the
Licensed Property, the City’s Representative and Licensee shall perform an
inspection of the Licensed Property and adjacent public and private
infrastructure with video and/or photographs to record the condition of the
Licensed Property and/or public or private infrastructure (the “Existing
Condition”).
f. The City retains the right to approve any plans for and to inspect work done
under this Section.
g. The City and Licensee may enter into an agreement prior to the expiration of
the term of this Agreement or prior to the end of Licensee’s occupation of the
Licensed Property regarding restoration of the Licensed Property to a condition
different from the Existing Condition. Such agreement may address: (i)
improvements to the Licensed Property in addition to or different than the
Licensees’ obligations for restoration/repair under this Agreement; (ii) the
City’s contribution of funds to such improvements, if any; and (iii) other duties
and obligations of the Licensee regarding restoration and repair of the Licensed
Property. Nothing in such an agreement will reduce the obligations of Licensees
under this Agreement.
h. Site Restoration Security. The Licensee must provide the City security for
Licensee’s restoration requirement through a form acceptable to the Bozeman
City Attorney. Licensee may provide a cash deposit, a letter of credit, or obtain
a good and sufficient site restoration performance bond payable to the City of
Bozeman. The security shall be for the complete restoration of the Site as
required by this Section in an amount equal to thirty thousand dollars
($30,000.00). Such security shall be conditioned on the City’s determination
whether required restorations have been satisfactorily completed.
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License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens Page 8 of 14
Licensee may substitute such security upon a written requested directed to the
City’s Representative and upon approval by the Bozeman City Attorney.
Release of the security to Licensee upon satisfaction of their restoration
obligations shall be upon written request of the Licensee providing the security
and must be authorized in writing by the City’s Representative.
12. Termination. If Licensee fails to comply with any condition of this Agreement at
the time or in the manner provided for, the City may, at its option, terminate this Agreement and
be released from all obligations if the Licensee’s default is not cured within sixty (60) calendar
days after written notice of the default is provided by the City to the Licensee. Said notice shall
set forth the items to be cured. Notices shall be provided in writing and hand-delivered or mailed
to the parties at the addresses set forth in the first paragraph of this Agreement. Failure to cure any
default may result in an order by the City’s Representative for the Licensee to pay a fine.
13. Due Diligence. Licensee shall at all times exercise due diligence in the protection
of the City’s Park Properties and the Licensed Property against damages.
14. Non-discrimination and Equal Pay. The Licensee agrees that all hiring by
Licensee of persons performing this Agreement shall be on the basis of merit and qualifications.
The Licensee will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Licensee 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
Licensee 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.
Licensee 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). Licensee must report to the City any violations of the Montana Equal Pay Act that
Licensee has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Licensee shall require these nondiscrimination terms of its sub-licensees providing services
under this Agreement.
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License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens Page 9 of 14
15. Amendment. This Agreement represents the entire understanding between the
Parties regarding the subject matter and supersedes any prior agreement, verbal or written. Any
amendment or modification of this Agreement or any provision herein shall be made in writing or
executed in the same manner as the original document and shall after execution become a part of
this Agreement.
16. Assignment. Licensee may not assign this Agreement in whole or in part and may
not sublet all or any portion of the Property without the prior written consent of the City. No
assignment will relieve Licensee of its responsibility for the performance of the Agreement
(including its duty to defend, indemnify and hold harmless). This license shall not run with the
land.
17. Waiver of Claims. Licensee waives all claims against City for injury to persons or
property on or about the Property or from its use of the Licensed Property. It shall be understood
that the responsibility for protection and safekeeping of equipment and materials on or near the
Property will be entirely that of the Licensee and that no claim shall be made against the City by
reason of any act of an employee, officer, or, agent of the City or any trespasser.
18. Representatives.
a. City’s Representative. The City Representative for the purpose of this Agreement
shall be Addi Jadin, Parks Planning and Development Manager, or her successor or
designee. 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, Licensee may
direct its communication or submission to other City personnel or agents and may
receive approvals or authorization from such persons.
b. Licensee’s Representative. The Licensee’s Representative for the purpose of this
Agreement shall be Lyle Quandahl, NorthWestern Energy Construction
Superintendent – Bozeman Division. Whenever direction to or communication with
Licensee is required by this Agreement, such direction or communication shall be
directed to Licensee’s Representative; provided, however, that in exigent
circumstances when Licensee’s Representative is not available, the City may direct
its direction or communication to other designated employees or agents of
Licensee.
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License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens Page 10 of 14
19. Permits. Unless otherwise agreed to in writing by the parties, Licensee shall
provide all notices, comply with all applicable federal, state, and local laws, ordinances, rules, and
regulations, obtain all necessary permits, licenses, and inspections from applicable governmental
authorities, and pay all fees and charges in connection therewith.
20. Intoxicants; DOT Drug and Alcohol Regulations. Licensee shall not permit or
suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, upon the
Licensed Property. Licensee 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. The City shall have the right to
request proof of such compliance and Licensee shall be obligated to furnish such proof. The City
may order removal from the Licensed Property of any employee or agent of Licensee or any of its
subcontractors for use of intoxicants on the Licensed Property.
21. Liens and Encumbrances. Licensee shall not permit any liens or encumbrances
to be filed on the Park Properties or the Licensed Property related to either the Licensee’s use of
the Licensed Property or the Licensee’s actions pursuant to this Agreement. Prior to the expiration
of this Agreement or termination by the City or Licensee as provided herein Licensee must furnish
the City with satisfactory proof that there are no outstanding liens or encumbrances in connection
with the Licensee’s use of the Licensed Property.
22. Dispute Resolution. 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. If the parties are unable to resolve the dispute within thirty
(30) days from the date the dispute was first raised, then such dispute shall be resolved in a court
of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
23. Survival. Licensee’s indemnification obligations shall survive the termination or
expiration of this Agreement for the maximum period allowed under applicable law.
24. Headings. The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
25. Waiver. A waiver by City of any default or breach by Licensee of any covenants,
terms, or conditions of this Agreement does not limit City’s right to enforce such covenants, terms,
or conditions or to pursue City’s rights in the event of any subsequent default or breach.
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License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens Page 11 of 14
26. Severability. If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
27. Applicable Law. The Parties agree that this Agreement is governed in all respects
by the laws of the State of Montana. Jurisdiction for any dispute or claim raised under this
Agreement or proceeding brought to interpret the Agreement shall lie solely in the State of
Montana, Gallatin County.
28. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
29. 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 except the City.
30. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
31. Authority. Each party represents that it has full power and authority to enter into
and perform this Agreement and the person signing this Agreement on behalf of each party has
been properly authorized and empowered to sign this Agreement.
32. Independent Contractor. The Parties agree and acknowledge that in the
performance of this Agreement Licensee shall not be considered an agent, representative,
subcontractor, or employee of the City. The Parties further agree that all individuals and
companies retained by Licensee at all times will be considered the agents, employees, or
independent contractors of Licensee and at no time will they be the employees, agents, or
representatives of the City.
33. Integration. This Agreement constitutes the entire agreement of the Parties.
Covenants or representations not contained therein or made a part thereof by reference, are not
binding upon the parties. There are no understandings between the parties other than as set forth
in this Agreement. All communications, either verbal or written, made prior to the date of this
Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement
by reference.
34. Recordation. This Agreement shall be recorded in the files of the Gallatin County
Clerk and Recorder. All costs of recording shall be borne by the Licensee. A copy of this recorded
agreement shall be provided to the City’s Representative.
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License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens Page 12 of 14
########### End of Agreement except for signatures ###########
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License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens Page 13 of 14
Executed this _____ day of __________________, 20___.
City of Bozeman
By: _____________________
Chuck Winn
Acting Bozeman City Manager
STATE OF MONTANA )
: ss.
County of Gallatin )
This instrument was acknowledged before me on the _____ day of ________________, 20___ by
Chuck Winn, as Acting City Manager for the City of Bozeman, Montana.
__________________________________________
Notary Public for the State of Montana
Printed Name: _____________________________
(SEAL) Residing in________________________________
My Commission Expires:_____________________
NorthWestern Corporation, a Delaware corporation, d/b/a NorthWestern Energy
By: _______________________
Roy Ishkanian, Manager – Lands and Permitting
STATE OF MONTANA
)
: ss.
County of Gallatin )
This instrument was acknowledged before me on the _____ day of ________________, 20___ by
Roy Ishkanian, as Manager – Lands & Permitting for NorthWestern Corporation, a Delaware
corporation, d/b/a NorthWestern Energy.
(SEAL)
__________________________________________
Notary Public for the State of Montana
Printed Name: _____________________________
Residing in________________________________
My Commission Expires: ____________________
334
License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens Page 14 of 14
Project: MSU Sourdough 45 Project
Agent: Jeffrey Harmon
Engineer: Lewis Schiebel
SAP No.: 23157709-0010
QRM No.:
335
Exhibit A – License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens
Christie Fields Park
EXHIBIT A
Lots 1 through 8 of Block 2 of Thompson Addition No. 4 of the City of Bozeman, Gallatin County, Montana, situated in a portion of Section 8, Township 2 South, Range 6 East, P.M.M., Gallatin
County, Montana, according to the official plat thereof on file and of record in the office of the
County Clerk and Recorder of Gallatin County, Montana. (Plat Reference: G-4)
336
Exhibit A – License Agreement with Northwestern Energy for Christie Fields and Langhor Gardens
EXHIBIT A (continued)
City Park Tract of the University Subdivision, situated in a portion of the E½ and NW¼ of Section 18, in Township 2 South, Range 6 East, P.M.M., City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and
Recorder, Gallatin County, Montana. (Plat Reference: F-26)
Langhor Gardens Park
337
After Recording, Return To: NorthWestern Energy
Land & Permitting Department 11 East Park St.
Butte, MT 59701
Page 1 of 5
UNDERGROUND AND OVERHEAD ELECTRIC POWERLINE
AND ACCESS EASEMENT AND AGREEMENT
CITY OF BOZEMAN, a Municipal corporation of the State of Montana, with a
mailing address of 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771
("GRANTOR"), in consideration of nineteen thousand eighty dollars (19,080.00) and other
good and valuable consideration, in hand paid, the receipt of which is acknowledged,
does grant and convey to NORTHWESTERN CORPORATION, a Delaware
corporation, d/b/a NORTHWESTERN ENERGY of 11 East Park Street, Butte,
MT 59701 ("GRANTEE"), and to its successors, assigns and apportionees, an
underground and an overhead easement ten (10) feet in width, upon which to construct,
operate, maintain, replace, upgrade, and remove an underground and overhead electric
powerline, communications system, and necessary appurtenances, including any guy
wires that may extend beyond the easement width, for the purpose of transmitting
electricity over, under, along and across a strip of City of Bozeman parkland situated in
Gallatin County, Montana, to be located on the following described real property:
Lots 1 through 8 of Block 2 of Thompson Addition No. 4 of the City of Bozeman, Gallatin County, Montana, situated in a portion of Section 8, Township 2 South,
Range 6 East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder of
Gallatin County, Montana. (Plat Reference: G-4)
(the “Real Property”)
For an illustration of the location of the underground and the overhead electric
powerline easement area, see Exhibit “A” attached hereto and by this reference made a part hereof.
This grant includes the right of the GRANTEE, its successors, permittees,
licensees, and assigns and its and their agents and employees, to enter at all times
upon the Real Property by using existing roads or trails or otherwise by a route causing
the least damage and inconvenience to the GRANTOR in order to survey and establish
the route and location of the easement and the underground and overhead powerline
and to:
(1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and
maintain the underground and overhead powerline, services, connections, accessories
and appurtenances;
338
After Recording, Return To: NorthWestern Energy
Land & Permitting Department 11 East Park St.
Butte, MT 59701
Page 2 of 5
(2) Support the underground and overhead powerline across drainage areas with
structures which GRANTEE deems necessary.
THE GRANTEE AGREES:
(1)That, the overhead electric powerline easement portion of this agreement shall
be specifically limited to the installation of one (1) wooden power pole to be located on
the westerly end of the easement area adjacent to South Black Avenue, which will
allow for the underground electric powerline and other appurtenances to continue
overhead in a westerly direction.
(2)That, in connection with the construction, operating, patrolling, repairing,
substituting, removing, enlarging, replacing, and maintaining of said underground and
overhead powerline, it will repair or replace, at its sole expense, or pay to GRANTOR
the reasonable value of any damages to growing crops, existing fences, ditches and
other appurtenances of said land that may be disturbed by its operation, as determined
by the GRANTOR, in a timely manner when weather conditions are conducive.
(3)That the GRANTEE will notify the City of Bozeman Parks and Recreation
Department prior to any actions that could interfere with events or seasonal
maintenance planned for the park area.
(4)That, during operations involving excavation and trenching, it will remove the
topsoil from the trenched or excavated area to a depth of one foot, or to the full depth of
the topsoil, whichever is less, and stockpile said topsoil for replacement over the
excavated or trenched area. It will remove from the site any large rocks or surplus
excavating material or any debris that may have been exposed by the trenching or
excavation and that may remain after backfilling is completed. And, it will leave the
finished surface in substantially the same condition as existed prior to the beginning of
operations except that the surface of backfilled areas may be mounded sufficiently to
prevent the formation of depressions after final settlement has taken place.
(5)That it will monitor the disturbed area for weed emergence for a period of 5 years
after the initial installation and shall perform at its sole expense, or pay to GRANTOR
the reasonable value for, weed mitigation necessitated in the area of disturbance.
(6)That, prior to construction, it will pay the GRANTEE twenty-one thousand two hundred seventy-two dollars ($21,272.00) which includes the appraisal value of eighteen thousand five hundred dollars ($18,500) for the easement, with the dimensions being ten (10) feet wide by roughly seven hundred twenty (720.00) feet in length, and the appraisal fee of two thousand seventy-two dollars (($2772.00).
339
After Recording, Return To: NorthWestern Energy
Land & Permitting Department 11 East Park St.
Butte, MT 59701
Page 3 of 5
THE GRANTOR AGREES:
(1) At no time will the GRANTOR build, construct, erect or maintain any permanent
structure within the boundaries of said easement without the prior written consent of the
GRANTEE.
(2) At no time will the it modify the finished grade of the land under the overhead or,
over the underground powerline by removal of existing soil or by placement of fill
material within the boundaries of said easement without the prior written consent of the
GRANTEE.
(3) The GRANTOR warrants that it is lawfully seized and possessed of the Real
Property described above, that it has a lawful right to convey the property, or any part of
it, and that it will forever defend the title to this property against the claims of all
persons.
(4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein
granted without any interruption by the GRANTOR. The terms, covenants and
provisions of this easement and agreement shall extend to and be binding upon the
heirs, executors, administrators, personal representatives, successors and assigns of
the parties hereto.
DATED this ______ day of _____________________, 2024.
ACCEPTED:
CITY OF BOZEMAN, a Municipal NorthWestern Corporation, a
Corporation of the State of Montana Delaware corporation, d/b/a
NorthWestern Energy
By: ______________________
City Manager By: ___________________
Roy Ishkanian
ATTEST:
Its: Manager of Lands & Permitting
By:_______________________
City Clerk
Acknowledgements Attached
340
After Recording, Return To: NorthWestern Energy
Land & Permitting Department 11 East Park St.
Butte, MT 59701
Page 4 of 5
STATE OF MONTANA )
) ss.
COUNTY OF GALLATIN )
On this ______ day of ___________________, 2024, before me, a Notary Public for the
State of Montana, personally appeared, , known to me
to be the City Manager for the City of Bozeman, a Municipal corporation of the State of
Montana, and the person whose name is subscribed to the within instrument, and
acknowledged to me that he/she executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day
and year first above written.
(SEAL)
Print Name:
Notary Public for the State of
Residing at
My Commission Expires , 20
STATE OF MONTANA )
) ss.
COUNTY OF )
On this ____ day of ___________________, 2024, before me the undersigned, a Notary
Public for the State of Montana, personally appeared, Roy Ishkanian, known to me to be the
Manager of Lands & Permitting and the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the within instrument for and on behalf of
NorthWestern Corporation, a Delaware corporation, d/b/a NorthWestern Energy.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
Print Name:
Notary Public for the State of
Residing at
My Commission Expires , 20
Project: MSU Sourdough Feeder
Agent: Jeffrey Harmon Engineer: Tom Stewart
SAP No.: 23157709-0010
QRM No.:
341
After Recording, Return To: NorthWestern Energy
Land & Permitting Department 11 East Park St.
Butte, MT 59701
Page 5 of 5
EXHIBIT “A”
Attachment to Underground and Overhead Electric Powerline and Access Easement and
Agreement dated , by and between City of Bozeman, a Municipal
corporation of the State of Montana, as Grantor, to NorthWestern Corporation, a Delaware
corporation, d/b/a NorthWestern Energy, as Grantee.
342
1
After Recording, Return To:
NorthWestern Energy Lands & Permitting Department 11 East Park Street Butte, MT 59701-1711
OVERHEAD ELECTRIC POWERLINE
AND ACCESS EASEMENT AND AGREEMENT
CITY OF BOZEMAN, a Municipal corporation of the State of Montana, with a mailing
address of 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771,
(“GRANTOR”), in consideration of nine thousand eight hundred five dollars ($9,805.00)
and other good and valuable consideration, receipt of which is acknowledged, grants to
NORTHWESTERN CORPORATION, a Delaware corporation, d/b/a
NORTHWESTERN ENERGY, of 11 East Park Street, Butte, Montana 59701-1711,
(“GRANTEE”), and to its successors, assigns and apportionees, an easement ten (10)
feet in width upon which to install, construct, operate, maintain, replace, upgrade, and
remove an overhead electric powerline, communications system, and necessary
appurtenances, including any guy wires that may extend beyond the easement width, for
the purpose of transmitting electricity over, under, along and across a strip of City of
Bozeman parkland situated in Gallatin County, Montana, to be located on the following
described real property:
City Park Tract of the University Subdivision, situated in a portion of the E½ and
NW¼ of Section 18, in Township 2 South, Range 6 East, P.M.M., City of Bozeman,
Gallatin County, Montana, according to the official plat thereof on file and of record
in the office of the County Clerk and Recorder, Gallatin County, Montana. (Plat
Reference: F-26)
(the “Real Property”)
The approximate location of the easement is more particularly described on Exhibit
“A”, attached hereto and by this reference made a part hereof.
This grant includes the right of the GRANTEE, its successors, permittees,
licensees, and assigns and its and their agents and employees, to enter at all times upon
the Real Property by using existing roads or trails or otherwise by a route causing the
least damage and inconvenience to the GRANTOR in order to survey and establish the
route and location of the easement and the overhead powerline and to:
(1) Construct, operate, patrol, repair, substitute, remove, enlarge, replace, and
maintain the overhead powerline, services, connections, accessories and appurtenances;
343
2
(2) Support the overhead powerline across drainage areas with structures which
GRANTEE deems necessary.
THE GRANTEE AGREES:
(1)That, in connection with the construction, operating, patrolling, repairing,
substituting, removing, enlarging, replacing, and maintaining of said overhead powerline,
it will repair or replace, at its sole expense, or pay to GRANTOR the reasonable value of
any damages to growing crops, existing fences, ditches and other appurtenances of said
land that may be disturbed by its operation, as determined by the GRANTOR, in a timely
manner when weather conditions are conducive.
(2)That the GRANTEE will notify the City of Bozeman Parks and Recreation
Department prior to any actions that could interfere with events or seasonal maintenance
planned for the park area.
(3)That, during operations involving excavation, it will remove the topsoil from the
excavated area to a depth of one foot, or to the full depth of the topsoil, whichever is less,
and stockpile said topsoil for replacement over the excavated area. It will remove from
the site any large rocks or surplus excavating material or any debris that may have been
exposed by the excavation and remains after backfilling is completed. And, it will leave
the finished surface in substantially the same condition as existed prior to the beginning
of operations except that the surface of backfilled areas may be mounded sufficiently to
prevent the formation of depressions after final settlement has taken place.
(4)That it will monitor the disturbed area for weed emergence for a period of 5 years
after the initial installation and shall perform at its sole expense, or pay to GRANTOR the
reasonable value for, weed mitigation necessitated in the area of disturbance.
(5)That, prior to construction, it will pay the GRANTEE twelve thousand seventy-two dollars ($12,072.00) which includes appraisal value of nine thousand three hundred
dollars ($9,300.00) for the easement, with the dimensions of the easement being ten
(10) feet wide by three hundred sixty-two (362.00) feet in length; and appraisal fee of two thousand seventy-two dollars ($2772).
THE GRANTOR AGREES:
(1) At no time will the GRANTOR build, construct, erect or maintain any permanent
structure within the boundaries of said easement without the prior written consent of the
GRANTEE.
(2) At no time will the it modify the finished grade of the land under the overhead
powerline by removal of existing soil or by placement of fill material within the boundaries
of said easement without the prior written consent of the GRANTEE.
(3) The GRANTOR warrants that it is lawfully seized and possessed of the Real
Property described above, that it has a lawful right to convey the property, or any part of
it, and that it will forever defend the title to this property against the claims of all persons.
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3
(4) The GRANTEE may peaceably hold and enjoy the rights and privileges herein
granted without any interruption by the GRANTOR. The terms, covenants and provisions
of this easement and agreement shall extend to and be binding upon the heirs, executors,
administrators, personal representatives, successors and assigns of the parties hereto.
DATED this ______ day of _____________________, 2024.
ACCEPTED:
CITY OF BOZEMAN, a Municipal NorthWestern Corporation, a
Corporation of the State of Montana Delaware corporation, d/b/a
NorthWestern Energy
By: ______________________
City Manager By: ___________________
Roy Ishkanian
ATTEST:
Its: Manager of Lands & Permitting
By:_______________________
City Clerk
STATE OF MONTANA )
) ss.
COUNTY OF GALLATIN )
On this ______ day of ___________________, 2024, before me, a Notary Public
for the State of Montana, personally appeared, ,
known to me to be the City Manager for the City of Bozeman, a Municipal corporation of
the State of Montana, and the person whose name is subscribed to the within instrument,
and acknowledged to me that he/she executed the same for and on behalf of the City of
Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the
day and year first above written.
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4
STATE OF MONTANA )
) ss.
COUNTY OF )
On this ____ day of ___________________, 2024, before me the undersigned, a
Notary Public for the State of Montana, personally appeared, Roy Ishkanian, known to
me to be the Manager of Lands & Permitting and the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the within instrument
for and on behalf of NorthWestern Corporation, a Delaware corporation, d/b/a
NorthWestern Energy.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
(SEAL)
Print Name:
Notary Public for the State of
Residing at
My Commission Expires , 20
Project: MSU Sourdough Feeder Agent: Jeffrey Harmon
Engineer: Tom Stewart
SAP No.: 23157709-0010
QRM No.:
346
5
EXHIBIT “A”
Attachment to Overhead Electric Powerline and Access Easement and Agreement dated
, by and between City of Bozeman, a Municipal corporation of
the State of Montana, as Grantor, to NorthWestern Corporation, a Delaware corporation,
d/b/a NorthWestern Energy, as Grantee.
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349
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Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign Task Order 2023TETC-006 with Sanbell to
Provide Design Services for the Oak Street and Ferguson Avenue Intersection
Project
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Task Order 2023TETC-006 with Sanbell to
Provide Design Services for the Oak Street and Ferguson Avenue Intersection
Project
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:Sanbell, formerly Sanderson Stewart, was selected through a competitive
process for the Transportation Engineering Term Contract (TETC). Task Order
2023TETC-006 under that term contract is for design services for the Oak
Street and Ferguson Avenue Intersection Project. This intersection was
reviewed and evaluated for safety and operational improvements as part of
SIF188 - Oak Street Intersections project. The addition of left turn lanes on
Oak Street, reconfiguration of turn lanes on Ferguson Avenue and changes
to the signal were identified as important safety and capacity improvements
for this intersection. The proposed 2026-2030 Capital Improvement Program
includes $750,000 for SIF188 in FY26 for those improvements. This task
order provides the design services and bidding assistance required for this
project. Staff has reviewed the proposed scope and fee and recommends
authorizing the City Manager to sign Task Order 2023TETC-006.
UNRESOLVED ISSUES:None identified.
ALTERNATIVES:As suggested by Commission.
FISCAL EFFECTS:The fee for Task Order 2023TETC-006 is $48,500. The funds for this
amendment are currently available in the FY25-26 Biennium Budget.
354
Attachments:
Task Order TETC23-006_Oak and Ferguson Intersection
Design.docx
Scope of Work_Task Order TETC23-006_Oak and Ferguson
Design.pdf
Report compiled on: January 24, 2025
355
City of Bozeman Transportation Engineering Term Contract
Task Order Number 2023TETC-00#6
PROJECT:Oak Street and Flanders Mill Intersection Design
Issued under the authority of Transportation Engineering Term Contract Professional
Services Agreement with Sanderson Stewart for Architectural and Engineering
Services.
This Task Order is dated February 4, 2025 between the City of Bozeman Transportation
and Engineering Department and Sanderson Stewart (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
City: Taylor Lonsdale, Transportation Engineer
Contractor: Joey Staszcuk, Sanderson Stewart
SCOPE OF WORK:The scope for this task order is detailed in the attached
Transportation Engineering Term Contract Scope of Work – Task Order 2023TETC-006
Oak and Ferguson Design.
COMPENSATION:Sanderson Stewart will bill for its services on a lump sum basis with
a project total of $48,500. The provisions of the Professional Services Agreement shall
govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Sanderson Stewart
Chuck Wunn, Interim City Manager Danielle Scharf, Principal
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Transportation Engineering Term Contract
Scope of Work – West Oak St & Ferguson Avenue Intersection Design
Task Order No. TE23-006
10/10/24
Sanbell is pleased to provide this scope of work for preliminary and final design of
intersection improvement at the West Oak Street & Ferguson Avenue intersection.
The intersection design will incorporate Oak Street and Ferguson Avenue left-turn
lanes, removal of Ferguson Avenue northbound right-turn only lane and Oak Street
median closure of Ryun Sun Way. A detailed scope of services is outlined below. This
work is to be done as a part of the Transportation Engineering term contract for
engineering services.
Construction bidding and construction administration services will be provided
through a separate contract amendment once the schedule has been determined.
Scope of Work:
Phase 1 - Project Management & Coordination
This phase of the project includes general project management, coordination with
the Client, weekly project update emails, and monthly billing/invoicing.
Phase 2 - Survey & Mapping
A detailed topographic survey of the project intersection will be conducted using a
combination of GPS, LIDAR, aerial Drone, and total station techniques. The
topographic survey will cover the anticipated area of improvements, extending
approximately 500-feet along each leg of the intersection. Survey tasks will include
compilation of plats and certificates of survey, and a corner search to establish right-
of-way will be conducted, but a complete boundary survey is not included. Additional
pre-survey research will be conducted as required and survey control will be set by
Sanbell.
Base drawings will be prepared in AutoCAD format following the completion of the
topographic survey, and additional pick-up topo will be conducted as needed
throughout the duration of the project. Public and private utilities will be located
prior to the survey via one-call for inclusion in the base drawings. No in-field
excavation of private (dry) utilities is contemplated in this scope of work. This phase
also includes traffic control needed for the completion of survey tasks.
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Phase 3 - Preliminary Design
This phase consists of all preliminary design tasks associated with the intersection
design. Subtasks under Phase 3 include the following:
· Intersection design will include access restrictions for vehicular traffic while
maintaining full pedestrian/multi-modal access
· Prepare plans and details for signing and striping, sidewalks/paths, bike
lanes, crosswalks and ADA accessibility ramps.
· Prepare special provisions and specification manual for bid documents
· Quality control review and prepare Preliminary PS&E submittal for review by
City of Bozeman
Phase 4 – Final Intersection Design
This phase consists of preparation of final plan drawings based on review comments
from City of Bozeman. Subtasks under Phase 4 include the following:
· Finalize intersection design layout, plans and details for signing and striping,
sidewalks/paths, bike lanes, crosswalks and ADA accessibility ramps.
· Finalize special provisions and specification manual for bid documents
· Finalize quality control review and prepare Final PS&E submittal for City of
Bozeman
· Coordinate with Northwestern Energy for distribution line conflicts
Phase 5 – Construction Bidding Services
This phase of the project will consist of construction bidding services, including the
following:
· Contractor coordination through private bid solicitation
· Prepare contract documents for bidding after City final plan review
· Facilitate pre-bid on-site meeting and distribute minutes
Fees and Billing Arrangements:
Fee
Phase 1 – Project Management & Coordination $4,000
Phase 2 – Survey & Mapping $4,500
Phase 3 – Preliminary Intersection Design $16,000
Phase 4 – Final Intersection Design $12,000
Phase 5 – Construction Bidding Services $12,000
Total Fee $48,500
Sanbell will bill for its services on a fixed fee basis for a total of $48,500.00 as
specified in the fee table above. Sanbell shall submit invoices to the Client for work
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accomplished during each calendar month. The amount of each monthly invoice
shall be determined on the “percentage of completion method” whereby Sanbell will
estimate the percentage of the total work accomplished during the invoicing period.
Project Schedule:
The anticipated schedule for this project will be to submit the Preliminary PS&E
submittal within two (2) months of notice to proceed.
359
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
TD and H Engineering for the College St 8th to 11th Project
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
TD and H Engineering for the College St 8th to 11th Project
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Reconstruction of College St between South 8th Avenue and South 11th
Avenue is identified in the 2017 Transportation Master Plan (TMP) as MSN-
19 and in the FY2025-2029 Capital Improvements Program (CIP) as project
SIF157.
College St is a an important east west collector street in the downtown area
of the city. This section of College St is a critical connection between the
businesses and residences on the north side and the campus of Montana
State University on the south side. This section of College St currently lacks
adequate bicycle and pedestrian facilities to best accommodate the number
of daily users.
TD&H Engineering was selected for this project through a request for
qualifications. The attached PSA and Scope of Services covers the Pre-Design
efforts for this project. Pre-Design includes data collection, community,
engagement, and the development of concept designs. Future phases of the
project will come to Commission as amendments to this PSA. Staff
anticipates two future phases: Design and Bidding/Construction
Administration. Staff has reviewed the attached scope and fee and
recommends authorizing the City Manager to sign the PSA.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:The fee for this PSA is $181,780.61. Funds for SIF157 College St 8th to 11th
360
were included in the approved FY2025-2026 Biennium Budget.
Attachments:
Professional Services Agreement_College St 8th to 11th_for
signature.docx
Exhibit A_Scope & Fee Proposal_College St 8th to 11th.pdf
Report compiled on: January 24, 2025
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Page 1 of 13
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 4th day of February, 2025 (“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 TD&H Engineering, 234 E Babcock St, Suite 3, Bozeman,
Montana, 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 upon completion of the Scope of Services, 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, 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.
Cost shall include:
a.Cost.Cost is the actual cost of the work. Through the negotiations process, the
OWNER establishes a ceiling or upper limit on a cost-plus-fixed-fee contract. Federal
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regulations (23 CFR 172) require a contract ceiling / upper limit in cost plus fixed fee
contracts.
b.Fixed Fee.Fix Fee is the negotiated fee and a set dollar amount in the agreement,
including profit, of the Consultant. Up to the equivalent of percent of labor and overhead to
the date of the invoice, the Consultant may claim partial payment of the Fixed Fee. If tasks
within the Scope of Services are not completed, no Fixed Fee will be billed for those tasks.
No Fixed Fee will be billed for construction engineering services that are not performed.
Subject to the foregoing, the entirety of the Fixed Fee for tasks completed within the Scope of
Services may be billed at Final Payment.
c.Direct Costs.Direct costs shall be in conformance with 48 CFR Part 31, and the
AASHTO Uniform Audit & Accounting Guide, and may include the cost of Subconsultants.
The Consultant certifies that any projected salary rate increases included in the Proposal are
based on reasonably on the Consultant’s usual and customary practices. Prior written approval
of the OWNER is required for overtime compensation.
d.Indirect Costs, applicable to Consultant and Subconsultants. Generally, after the
execution of this agreement, the OWNER will give Notice of the Indirect Costs (IDC) rates
that will be applied to this Agreement. Such notice is incorporated herein by the reference.
The IDC rate and supporting documentation must be calculated and submitted in accordance
with 23 CFR §172 using the cost principles of 48 CFR Part 31. The Consultant will establish
the IDC rate based on the Consultant’s Accounting Period. In no event will the IDC rate cause
an increase or decrease in the Fixed Fee. The Consultant must keep on file with the OWNER
an accepted Certification of Indirect Costs. For purposes of compensation, the rights and
obligations of the Consultant set forth in this Section shall apply to the Subconsultant. Each
Subconsultant shall submit to the irrevocable commitment option specified by the Consultant.
i.An Indirect Cost Rate is required, except when total compensation is less than or equal
to Fifty Thousand Dollars ($50,000); and Consultant/Subconsultant does not have a
current, OWNER-accepted indirect cost rate or cognizant audit; or Subconsultant is
providing vendor-type services or contract labor and does not have a current,
OWNER-accepted indirect costs rate or cognizant audit.
ii.An unaudited indirect cost rate is acceptable when the Total Compensation is less than
or equal to Two Hundred Fifty Thousand Dollars ($250,000); and a Risk Assessment
determines an unaudited indirect cost rate is acceptable.
iii.An audited indirect cost rate is required when The Total Compensation is more than
Two Hundred Fifty Thousand Dollars ($250,000); or a Risk Assessment determines
that an audited indirect cost rate is required.
iv.In unique cases, Negotiated or Provision Indirect Cost Rates may be used, as described
in MDT’s Consultant Services Manual, if all parties agree.
v.Due date.
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1. Due date (Audited). If an audited indirect cost rate is required, within thirty
(30) days of the date of an independent auditor’s report setting the
consultant’s audited overhead rate, the new bona fide audited IDC rate must
be submitted to the OWNER as part of the Risk Assessment Package.
2. Due date (Unaudited). If an unaudited indirect cost rate is required, within
thirty (30) days of its calculation, a bona fide IDC rate must be submitted to
the OWNER as part of the Risk Assessment Package.
3. At the OWNER’s sole discretion, the Consultant shall pay the OWNER
liquidated damages at the rate of One Hundred Dollars ($100.00) per day for
each day after the Due Date.
vi.Effective date.
1. The IDC rate expires one (1) year after the end of the Accounting Period.
2. Before the end of the Grace Period, defined as six (6) months following the
expiration of the IDC rate, the Consultant shall submit a new IDC rate.
3. An IDC rate submitted within the Grace Period is effective as the first day of
the month following the month ofthe OWNER’s letter of acceptance; except,
an IDC rate not accepted by the OWNER by the end of the Grace Period is
retroactive to the end of the Grace Period.
4. A bona fide IDC rate received after the expiration of the Grace Period is
retroactive to the date it is received by the OWNER.
5. In the event the OWNER, in its sole discretion, determines that the submitted
IDC rate is not bona fide the rate will be effective on the date accepted and
will not be retroactive.
6. Failure by the Consultant to provide an IDC rate, as required herein, may
result in a One Hundred Percent (100%) forfeiture of the IDC rate portion
for services rendered after the Grace Period.
vii.The Consultant shall commit, irrevocably for the duration of this Agreement, to one
of two options:
1. Consultant’s IDC rate will remain fixed through the term of this Agreement.
In the event of any extension of the term of this Agreement, then the
Consultant shall provide its new rate; or if a new rate is unavailable, then a
new rate will be negotiated by the parties.
2. Following the same procedure as for the original submission, the
Consultant’s IDC rate will be submitted annually, within the Grace Period.
viii.The Consultant may request exceptions to the requirements of this section on a case-
by-case basis, and the OWNER will consider these exceptions. Any exceptions, if
approved, must be in writing and must comply with all applicable laws, regulations,
policies, and procedures.
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5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a.Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b.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.
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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 obligationsshall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
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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, Contractorshall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
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.
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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.
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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 Taylor Lonsdale 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
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purpose of this Agreement shall be Kyle Scarr 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.
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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.
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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.
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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.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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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 TD&H ENGINEERING
By________________________________By__________________________________
Chuck Winn, Interim City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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S 8th AVENUE to S 11th AVENUE
Scope of Work
Overview
The general scope of the project includes pavement management, the inclusion of bicycle
facilities, and pedestrian enhancements to improve safety and connectivity along and across
College Street. This section of College Street has unique adjacent land uses with MSU Campus
buildings to the south and commercial businesses including numerous restaurants, a market, a
FedEx Office Center, and two gas stations to the north. Additionally, the residential neighborhood
to the north of College Street is home to many faculty, staff, and students that cross College Street
daily to access campus. The project goal is to transform the street from a car centric road into a
multimodal facility that provides safe facilities for all users and robustly services the adjacent land
uses. Project design will need to look at changes to parking and potential for access consolidation.
With many stakeholders and property owners, community engagement will play a foundational
role in the development of the full project scope. The City will lead the community engagement
process with the consultant team providing content and attending events when requested by the
City.
Task 1: Project Management
Throughout the project, TD&H Engineering will dedicate a project manager to oversee process,
progress, and quality. Tasks include, coordinating staff and subconsultants, communication
between the design team and City of Bozeman, meeting minutes, schedule updates, and general
project oversight.
Task 2: Topographic Survey
We will survey College Street between South 11th Avenue & South 8th Avenue as shown on the
attached exhibit. The map will show existing improvements to the front building faces, overhead
utilities, underground utilities as marked by One Call Locator System personnel, and elevation
contours on a one-foot interval. Inverts will be measured for storm drain and sewer
inlets/manholes within the survey limits. The map will contain updated aerial imagery from a drone
survey. Property lines will be projected based on found survey monuments. We will provide the
finished map in PDF and AutoCAD formats.
We assume the following:
• Our survey does not reveal any major discrepancies.
• Enough survey monuments are found to properly calculate the right-of-way.
• That winter conditions will not significantly hinder our work.
• No property corners will be set as part of the project survey work.
• Record of Survey will not be prepared.
Task 3: Geotechnical Study
The proposed scope of work includes a visual assessment of the existing pavement systems, a
feasibility review for reusing existing subbase/base gravel sections, and a pavement assessment
for full replacement. This assessment will require a detailed investigation of the current pavement
and subgrade conditions. This work is best performed prior to snow accumulation or the
development of frost in the subgrade to obtain useful information regarding the density of the
various layers and ensure the safety of personnel working in the field. Thus, it is important that
this work begin as soon as possible to avoid delays.
A. Field Investigation
A visual inspection of the existing asphalt will be performed by TD&H Engineers to
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document the type, spacing, and size of existing cracking, rutting, and other forms of
asphalt distress.
The physical investigation of the pavement structure will include a series of borings to
investigate the existing pavement system. Four to five holes are proposed within the
existing pavement system, and we propose performing this work within the existing
parking lanes along the roadway shoulders to minimize impacts to traffic and control cost
associated with extensive traffic control. TD&H will provide signage indicating workers in
the area and cones to close off the areas being investigated. At each investigation site,
the existing asphalt will be cored and the underlying base course and subbase course (if
present) will be measured to get accurate thicknesses on each component. A dynamic
cone penetrometer (DCP) test will be performed at the subgrade elevation in each location
to measure in-situ soil CBR and samples of the subgrade will be collected for laboratory
testing. Following testing, each boring will be backfilled and the asphalt patched using a
cold patch asphalt mixture.
Prior to our field investigation we will call in the required One Call Utility locates.
Completion of a private utility locate is not proposed at this time as all work is proposed to
occur within the public right-of-way.
B. Laboratory Program
Samples will be analyzed in our construction materials testing laboratory to determine the
appropriate physical and engineering properties. The proposed laboratory program
includes:
• Visual identification and moisture content
• Sieve analysis (gradation)
• Atterberg Limits
• Moisture Density (Proctor)
• California Bearing Ratio (CBR)
These tests are based on our assumptions for site geology and may be modified based
on actual field conditions.
We do not anticipate the need for any additional field work or laboratory testing beyond
that which is described; however, if site conditions appear to warrant additional work or
testing, we will inform you of our findings and await your direction before modifying this
scope of work. Samples from the geotechnical investigation will be stored for a period of
one month following submission of the completed geotechnical report at which time they
will be discarded unless prior arrangements have been made for sample storage.
C. Analysis and Report
Field data and laboratory test results will be analyzed to determine existing pavement
section properties and subgrade conditions. This information will be utilized to provide
estimates for the quality of base gravels and subgrade present and determine if reuse is
feasible, as opposed to complete reconstruction. We understand that at a minimum, the
full replacement of the asphalt surfacing is warranted to address grading and drainage
deficiencies; thus, our scope will be limited to assessing if a pavement replacement alone
is sufficient or if more extensive base and subbase improvements are warranted. The
results of our field and laboratory studies and engineering analyses, along with our
recommendations, will be summarized in a geotechnical engineering report. The report
will include copies of all boring logs, DCP test results, laboratory test reports, and a site
plan showing the approximate location of the borings.
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Task 4: Traffic Study and Analysis
This task includes developing a preferred design alternative for College Street between S 8th
Avenue and S 11th Avenue. This analysis includes evaluating pedestrian, bicycle, and vehicular
characteristics; crossings; operations, and intersection control on College Street between S 11th
Avenue and S 8th Avenue. See attached subconsultant scope of work for this Task.
Task 5: Preliminary Roadway Design
This task includes compiling the information and data collected in Tasks 2, 3, and 4 into a
preliminary roadway design. The focus of this task will be on horizontal layout, preliminary
grading, and storm drainage. This effort will provide important information regarding the reuse of
existing road materials, utility conflicts, and project costs.
A. Preliminary Roadway Design
• Compile design standards.
• Define improvements and prepare preliminary schematic plans.
• Develop preliminary design layouts and grading for up to 2 corridor options
recommended in the Traffic Study and Analysis. Up to three alternatives will be
recommended in the Traffic Study and Analysis, we assume this will be reduced to 2
options with City of Bozeman input prior to preliminary roadway design.
• Develop preliminary design layouts and grading for two intersection options at College
Street and 8th Avenue (4 way stop and roundabout).
• Develop appropriate intersection design geometrics and traffic control based on the
traffic analysis for street and road intersections.
• Outline utility adjustments required.
• Develop and prepare preliminary channelization and signing plans.
• Provide preliminary costs estimates for up to 2 corridor options.
B. Drainage Design/Hydraulics
• Assemble and review all existing drainage related data available for the project area,
including as-constructed plans for existing drainage system, and proposed
development plans.
• Conduct field reconnaissance to verify drainage flow paths and other drainage related
features that could be influenced by this project.
• Identify and delineate drainage basins contributing to runoff to and within the project
limits.
• Conduct hydrologic analyses to determine the magnitude of site drainage tributary to
the drainage system. Flows will be generated using methods described in the City of
Bozeman’s Design Standards and Specifications Policy.
• Explore options for stormwater
• Tie into existing storm drain system
• Stormwater quality treatment.
• Analyze and design the drainage system for the proposed corridor improvements
• Submit preliminary Hydraulics Report to City.
C. Utility Coordination
• Coordinate with the utility companies/agencies. This task includes meetings and
telephone communication with the affected utilities regarding existing and proposed
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improvements and the impact of this project on those improvements.
• Layout utilities in plans and cross sections, identify conflicts.
• Determine what utilities need to have depths (vertical elevations) determined.
• Incorporate new sewer and water main improvements and services as identified by
the City into the improvement plans.
D. Preliminary Landscape Design
• Review City Transportation Master Plan, University Master Plan, and other relevant
plans/studies related to landscape design direction for the project corridor.
• Review City of Bozeman Land Development Code, including the City of Bozeman
Landscape and Irrigation Performance and design Standards Manual, and define
required landscape improvements for the project corridor.
• Prepare 15% level landscape design plans for two preliminary alternatives.
• Provide color plan rendering of each alternative.
• Provide plan enlargements of up to three focus areas.
• Provide one visual simulation of each alternative.
• Provide concept imagery sheet to show design intent of each alternative.
• Provide a written narrative of each alternative.
• Attendance (virtually) by a TD&H landscape representative up to 6 coordination
meetings.
• Provide preliminary cost estimate of each alternative.
E. Permits
• Identify permits and approvals needed for the project. Define the relevant issues that
need to be addressed as part of the permit application and approval process.
• Determine the costs for permit applications and coordination and quantify the costs of
implementing mitigations associated with the respective permits and approvals, as
appropriate.
Task 6: Community Engagement Plan
The City will organize, promote, and lead the community engagement process to gain insight and
participation from a broad range of stakeholders in discussion of priorities and design concepts
for the corridor. This task will be limited to providing project renderings and attending up to three
community meetings, if requested.
A. Display Boards
• We will provide content for the City to incorporate into the project website and to
display at public engagement events. Content will include six display boards that show
the 2 selected corridor improvement options and details associated with the options.
TD&H will provide a rendered plan view for each of two options for the display boards.
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Design Criteria
Reports and plans, to the extent possible, will be developed by TD&H Engineering incorporating
the guidelines contained in the latest edition and amendments of the following standard design
tools.
• City of Bozeman Design Standards & Specifications Policy
• Montana Public Works Standard Specifications, (MPWSS), Seventh Edition, April, 2021,
and the “City of Bozeman Modifications To Montana Public Works Standard
Specifications”
• Highway Research Board’s Manual entitled, Highway Capacity
• FHWA Manual on Uniform Traffic Control Devices for Streets and Highways
• AASHTO Flexible Pavement Design Procedures
• NACTO Urban Street Design Guide
• NACTO Urban Bikeway Design Guide, Third Edition
Exclusions
Environmental Documentation
• No part of Gallatin County is in non-attainment status for any air quality pollutants. – Air Quality
assessment not included.
• Biological Resources Report not included in scope or work but can be added if deemed
necessary.
• Historical or archeological artifacts are not anticipated within the project limits. If research
determines there are artifacts additional work will be required.
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Activity TasksTotal HoursEngineer VI / PrincipalEngineer V Engineer IV Engineer III Lab Tech IIRegistered Land SurveyorSurvey Party ChiefEnvironmental ScientistLandscape ArchitectCAD Designer IIAdministrative Assistant1 PROJECT MANAGEMENT1. Provide consultant contract management6 6 a. Conduct monthly meetings with Discipline Leads66100 b. Conduct weekly resource scheduling 2020i c. Prepare monthly progress reports and invoices. 12122. Define project activities, develop scope of work and cost proposal 14 683. Prepare meeting minutes664. General Project Oversight52 1240100SUBTOTAL (HOURS)116 24 0 80 0 0 0 0 0 0 0 122 TOPOGRAPHIC SURVEY1031. Office prep13 1 0122. Field work - survey topo, hydraulics, utilities, cross sections56563. One-call utility locate and coord224. Obtain ROW Records, Deeds, COS's, Plats10101035. Prepare Base Maps3115 16103SUBTOTAL (HOURS)112 1 0 0 0 0 39 72 0 0 0 03 GEOTECHNICAL STUDY1021. Field Engineering & Pavement Investigation9 1 81022. Laboratory testing244203. Prepare boring logs664. Pavement Section Properties and Subgrade Conditions Analyses 21 1 201025. Geotechnical Engineering Report10 1 811026. QA/QC of deliverables2 2102SUBTOTAL (HOURS)72 5 46 0 0 20 0 0 0 0 0 14 TRAFFIC STUDY AND ANALYSIS105See attached subconsultant scope of work for this Task.11 38105SUBTOTAL (HOURS)11 3 0 8 0 0 0 0 0 0 0 05 PRELIMINARY ROADWAY DESIGN1. Compile design standards.62 42. Define improvements and prepare preliminary schematic plans.408 323. Develop preliminary layouts & grading for 2 corridor options 488 404. Preliminary layouts & grading for two intersection options @ 8th3612 245. intersection design geometrics and traffic control102 86. Outline utility adjustments required102 87. Develop and prepare preliminary channelization and signing plans164 128. Provide preliminary costs estimates for up to 2 corridor options328 241099. QA/QC of deliverables8 8109SUBTOTAL (HOURS)206 8 0 46 152 0 0 0 0 0 0 05 DRAINAGE DESIGN/HYDRAULICS1101. Assemble and review all existing drainage related data available 44 81102. Conduct field reconnaissance to verify drainage regime 221103. Delineate basins contributing runoff to & within project limits 22 81104. Conduct hydrologic analyses to determine magnitude of site drainage 22 81105. Explore options for stormwater 44110a. Tie into existing storm drain system 84 4b. Stormwater quality treatment128 46. Analyze /design the drainage system for the proposed improvements 248 167. Prepare preliminary Hydraulics Report 3612 241108. QA/QC of deliverables8 8110SUBTOTAL (HOURS)102 8 0 46 48 0 0 0 0 0 0 0PHASE 1 - FIELD WORK (GEOTECHNICAL & SURVEY), TRAFFIC STUDY, & COMMUNITY ENGAGEMENT ACTIVITIESEstimate Prepared By: PAO/CJCPROJECT: COLLEGE STREET - S 8th Avenue to S11th AvenueCITY OF BOZEMANDATE: 01/17/2025Page 1 of 2380
Activity TasksTotal HoursEngineer VI / PrincipalEngineer V Engineer IV Engineer III Lab Tech IIRegistered Land SurveyorSurvey Party ChiefEnvironmental ScientistLandscape ArchitectCAD Designer IIAdministrative AssistantPHASE 1 - FIELD WORK (GEOTECHNICAL & SURVEY), TRAFFIC STUDY, & COMMUNITY ENGAGEMENT ACTIVITIESEstimate Prepared By: PAO/CJCPROJECT: COLLEGE STREET - S 8th Avenue to S11th AvenueCITY OF BOZEMANDATE: 01/17/20255 UTILITY COORDINATION1121. Coordinate with the utility companies/agencies881122. Layout utilities in plans and cross sections, identify conflicts 102 81123. Determine what utilities need to have depths determined 62 41124. Incorporate new sewer & water improvements & services into plans 164 121125. QA/QC of Deliverables 4 4112SUBTOTAL (HOURS)44 4 0 16 24 0 0 0 0 0 0 05 PRELIMINARY LANDSCAPE DESIGN1131. Review Transportation Master Plan, University Master Plan, and plans/studies 441132. Review City of Bozeman Land Development Code221133. Prepare 15% level landscape design plans for 2 alternatives 124 81134. Provide color plan rendering of each alternative91 81135. Provide plan enlargements of up to three focus areas 51 46. Provide one visual simulation of each alternative62 47. Provide concept imagery sheet to show design intent /alt 62 48. Provide a written narrative of each alternative449. Virtually attend up to 6 coordination meetings6610. Provide preliminary cost estimate of each alternative 64 26. Prepare detailed meeting minutes of each utility meeting11. QA/QC of deliverables44113SUBTOTAL (HOURS)64 0 0 4 0 0 0 0 0 30 30 05 PERMITS1141. Identify permits and approvals needed for the project12121142. Define the relevant issues that need to be addressed in application 12481143. Determine the costs for permit applications and coordination 248161144. Quantify mitigation costs associated with the respective permits 3612245. QA/QC of deliverables88114SUBTOTAL (HOURS)92 0 0 44 0 0 0 0 48 0 0 06 COMMUNITY ENGAGEMENT PLAN1701. Provide content for project website and to display at events201281702. six display boards that show the 2 options and details 28126 101703. Provide rendered plan view for two options for the display boards521616 201704. QA/QC of Deliverables0100SUBTOTAL (HOURS)100 0 0 40 0 0 0 0 0 30 30 0Total Project HoursTotal Project Hours919 53 46 284 224 20 39 72 48 60 60 13Page 2 of 2381
Estimate Prepared By: PAO/CJC
DATE: 01/17/2025
Hours % of total Rate Extension
53 6%63.52 $3,366.56
46 5%53.65 $2,467.90
284 31%45.51 $12,924.84
224 24%36.06 $8,077.44
20 2%24.00 $480.00
39 4%46.16 $1,800.24
72 8%32.50 $2,340.00
48 5%27.64 $1,326.72
60 7%47.15 $2,829.00
60 7%28.10 $1,686.00
13 1%19.00 $247.00
919 100%
LABOR SUBTOTAL $37,545.70
1.454 OVERHEAD SUBTOTAL $54,591.45
TOTAL LABOR/OVERHEAD $92,137.15
25 Each $5.00 $125.00
Concrete / Asphalt Patch 5 Each $25.00 $125.00
Core Trailer Hours 2 per Hour $100.00 $200.00
Days 2 per Day $50.00 $100.00
Days 1 per Day $200.00 $200.00
Days 1 per Day $300.00 $300.00
Geotech Supplies LS 1 lump sum $250.00 $250.00
Travel - Meals Per Diem Days 3 per Day $68.00 $204.00
Travel - Vehicle Mileage Miles 760 per Mile $0.75 $570.00
Travel - Lodging Days 2 per Day $300.00 $600.00
Lab - Moisture & Classification 10 Each $14.00 $140.00
Lab - Gradation 4 Each $125.00 $500.00
Lab - Atterberg Limits 4 Each $140.00 $560.00
Lab - Moisture-Density 1 Each $210.00 $210.00
Lab - CBR 1 Each $475.00 $475.00
Days 5 per Day $500.00 $2,500.00
Survey Robot Station Hours 8 per Hour $30.00 $240.00
Drone Aerial Image Processing LS 1 lump sum $165.00 $165.00
Survey - Vehicle Mileage Miles 60 per Mile $0.75 $45.00
TOTAL DIRECT NONLABOR $7,509.00
Kittelson & Associates (Traffic Study & Analysis)48,806.00
Quality Counts, LLC (Traffic Counts)22,272.00
TOTAL OUTSIDE SERVICES AND SUBCONTRACTS $71,078.00
Total Labor/ Overhead 92,137.15
Total Direct NonLabor 7,509.00
Total Outside Services & Subcontracts 71,078.00
Profit (12% of Total Labor Costs)11,056.46
TOTAL ESTIMATED COST $181,780.61
Registered Land Surveyor
Survey Party Chief
Environmental Scientist
Landscape Architect
PROJECT: COLLEGE STREET - S 8th Avenue to S11th Avenue
CITY OF BOZEMAN
Engineer VI / Principal
Lab Tech II
Engineer V
Engineer IV
Engineer III
COST SUMMARY
DIRECT NONLABOR
RECAPITULATION
TOTAL HOURS
CAD Designer II
Administrative Assistant
Survey GPS
OUTSIDE SERVICES AND SUBCONTRACTS
Smart DCP Equipment
GENERAL OVERHEAD @
Bit Charge for Coring - 6 inch
Hand Auger
Handheld GPS
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Kittelson & Associates, Inc.
Scope of Work
December 16, 2024 Project# 30893P
Scope of Work: College Street – S 8th Avenue to S
11th Avenue Transportation Improvements
The purpose of this project is to transform this segment of College Street from a car centric road
into a multimodal facility that provides safe facilities for all users. The scope of work for Kittelson &
Associates, Inc. (Kittelson) includes project management and traffic analysis (pre-design).
Attachment A includes the total fee estimate for Kittelson’s scope of work. The proposed 8-month
schedule for Kittelson’s Tasks is shown below.
Activity 2024 2025
Nov Dec Jan Feb Mar Apr May June
Project Management Task 1
Data Collection Task 3.1
Field Review Task 3.1
Traffic Analysis Task 3.2-3.5*
Corridor Concepts Task 3.6-3.11*
* Indicates Technical Memorandum Deliverable
TASK 1 – PROJECT MANAGEMENT
This task includes conducting project management activities for the Plan.
Deliverables
Project Update Emails (4)
Project Teams Calls (8)
Invoices and Progress Reports (8)
TD&H Engineering Tasks
Participate in Teams meetings
Review and process invoices
Subtasks
1.1 Project Updates. Prepare four (4) email updates on the progress of the project. Participate in
up to eight (8) 30-minute Teams meetings with TD&H Engineering to check-in on progress
and/or address questions that might arise during the project.
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Scope of Work: College Street – S 8th Avenue to S 11th Avenue Transportation Improvements
Kittelson & Associates, Inc.
1.2 Monthly Invoices & Progress Reports. Prepare monthly invoices and progress reports. One
invoice and progress report will be submitted to TD&H Engineering each month (8 total).
TASK 3 – TRAFFIC ANALYSIS (PRE-DESIGN)
This task includes coordinating with TD&H Engineering to develop a preferred design alternative
for College Street between S 8th Avenue and S 11th Avenue. This analysis includes evaluating
pedestrian, bicycle, and vehicular characteristics; crossings; operations, and intersection control
on College Street between S 11th Avenue and S 8th Avenue. Figure 2 outlines the study area.
Figure 2. Study Area
Deliverables
Technical Memorandum #1: Existing and Future Transportation Conditions and Needs &
Deficiencies.
Technical Memorandum #2: Corridor Concepts Development and Evaluation
(Transportation-Focused)
TD&H Engineering Tasks
Coordinate with partner agencies to provide all relevant documents and data
Provide a base map (CAD files) for the project area
Review and comment on corridor concepts
Review and comment on Technical Memorandums #1 and #2
Subtasks
3.1 Data Collection. Collect various types of data as indicated below to inform College Street
operations and trends during a typical weekday and typical event Saturday when Montana
State has a home football game.
• Intersection Turning Movement Counts (outlined in Exhibit A)
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December 16, 2024 Page 3
Scope of Work: College Street – S 8th Avenue to S 11th Avenue Transportation Improvements
Kittelson & Associates, Inc.
i. Collect intersection turning movement counts, including passenger vehicles,
heavy vehicles, pedestrians, and bicycles, in 5-minute increments at the
following intersections for a typical weekday (7:00 AM – 9:00 AM, 11:00 AM –
1:00 PM, 4:00 PM – 6:00 PM) and a home game Saturday (10:00 AM – 1:00 PM,
4:00 PM – 6:00 PM):
1. S 11th Avenue / W College Street (roundabout)
2. S 10th Avenue / University Parking / W College Street (TWSC)
3. S 9th Avenue / W College Street (TWSC)
4. S 8th Avenue / W College Street (AWSC)
Exhibit A. Intersection Turning Movement Count Locations
• In/Out Driveway Counts (outlined in Exhibit B)
i. Collect driveway inbound and outbound counts in 5-minute increments at the
following locations for the typical weekday and home game Saturday peak
hours identified from the intersection turning movement counts outlined above:
1. Fedex Driveway / W College Street (TWSC)
2. The Break Room Driveway / W College Street (TWSC)
3. Columbo’s Driveway / W College Street (TWSC)
4. Conoco Driveway / W College Street (TWSC)
5. Joe’s Parkway Driveway 1 / W College Street (TWSC)
6. Joe’s Parkway Driveway 2 / W College Street (TWSC)
7. Joe’s Parkway Driveway 3 / University Entrance 1 / W College Street
(TWSC)
8. University Entrance 2 / W College Street (TWSC)
9. Low Brow Burgers Driveway / W College Street (TWSC)
10. Low Brow Burgers Alley / W College Street (TWSC)
11. University Entrance 3 / W College Street (TWSC)
12. Exxon Driveway 1 / W College Street (TWSC)
13. Exxon Driveway 2 / W College Street (TWSC)
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December 16, 2024 Page 4
Scope of Work: College Street – S 8th Avenue to S 11th Avenue Transportation Improvements
Kittelson & Associates, Inc.
Exhibit B. In/Out Driveway Count Locations
• Pedestrian & Bicycle Counts (outlined in Exhibit C)
i. Collect counts of pedestrians and bicyclists crossing College Street in 5-minute
increments in the following identified zones on a typical weekday (6:00 AM –
10:00 PM) and a home game Saturday (6:00 AM – 10:00 PM):
1. Zone 1 – between S 11th Avenue and S 10th Avenue
2. Zone 2 – between S 10th Avenue and S 9th Avenue
3. Zone 3 – between S 9th Avenue and S 8th Avenue
Exhibit C. Pedestrian & Bicycle Count Zones
• On-Street Parking Utilization (outlined in Exhibit D)
i. Collect parked vehicle counts in 30-minute increments in the following
identified zones on a typical weekday (6:30 AM – 10:00 PM) and a home game
Saturday (6:30 AM – 10:00 PM):
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December 16, 2024 Page 5
Scope of Work: College Street – S 8th Avenue to S 11th Avenue Transportation Improvements
Kittelson & Associates, Inc.
1. Zone 1 N – between S 11th Avenue and S 10th Avenue
2. Zone 1 S – between S 11th Avenue and S 10th Avenue
3. Zone 2 N – between S 10th Avenue and S 9th Avenue
4. Zone 3 N – between S 9th Avenue and S 8th Avenue
5. Zone 4 S – between S 10th Avenue and S 8th Avenue
Exhibit D. Parked Vehicle Count Locations
• ADT Volume Profile (outlined in Exhibit E)
i. Collect 24-hour roadway segment vehicle counts for 7 consecutive days at the
following locations:
1. College Street – between S 11th Avenue and S 8th Avenue
2. S 11th Avenue – south of College Street
3. S 8th Avenue – south of College Street
Exhibit E. ADT Volume Profile Count Locations
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December 16, 2024 Page 6
Scope of Work: College Street – S 8th Avenue to S 11th Avenue Transportation Improvements
Kittelson & Associates, Inc.
• Historical Crash Data. Request and evaluate historical crash data for the most recent
five (5) years available at the following locations:
1. S 11th Avenue / W College Street (roundabout)
2. S 10th Avenue / University Parking / W College Street (TWSC)
3. S 9th Avenue / W College Street (TWSC)
4. S 8th Avenue / W College Street (AWSC)
5. College Street (between S 11th Avenue and S 8th Avenue)
• Historical Traffic Counts. Identify locations where historical traffic counts (tube counts
or turning movement counts) are available from MDT in the study area to inform
historical trends and growth rate assumptions.
• Study Review. Review available studies conducted in the surrounding study area.
• Site Visit. Conduct cursory field visit to review existing roadway and study area
conditions on and around College Street under typical conditions.
3.2 Existing Year 2024 Conditions. Conduct analysis of existing year (2024) conditions based on
the data collected at all study intersections and along College Street between S 11th Avenue
and S 8th Avenue as outlined in Subtask 3.1.
• Intersection Operations. Review of existing year (2024) conditions at the identified study
intersections and driveways to be conducted using HCM methodology using Synchro,
Vistro, or Sidra software.
• Crash Data. Review crash data for the intersections and segments along the study
corridor using data summarized in Task 3.1. Identify and summarize themes where
appropriate.
• Parking Utilization. Review parking utilization data collected according to Task 3.1 to
identify parking trends along College Street.
3.3 Future Year 2040 No-Build Conditions. Develop future year (2040) conditions along similar
extents, including intersection operations and level of traffic stress, as identified in Task 3.2 for
analysis and evaluation. Future volumes to be developed following a review of growth rate
estimates calculated based on historical traffic counts from MDT and City of Bozeman and the
results of the travel demand model. Following review, existing traffic volumes will be grown or
forecast to develop reasonable future year volumes.
3.4 Draft Technical Memorandum #1 – Existing and Future No-Build Conditions. Summarize the
results of Tasks 3.1-3.3 into a Draft Technical Memorandum #1 and provide to TD&H
Engineering for review and comment.
3.5 Final Technical Memorandum #1 – Existing and Future No-Build Conditions. Finalize Technical
Memorandum #1 based on review and any comments received for submittal. Submit to TD&H
Engineering.
3.6 Corridor Concepts Development. Develop up to two (2) corridor concepts for College Street
to improve safety, connectivity, and pedestrian and bicycle facilities based on the findings
from Technical Memorandum #1. Corridor concepts will include cross-section design,
intersection control, crossing locations, crossing control, and potential access consolidation
for TD&H Engineering to review. The corridor concepts will be presented using CAD and
Streetmix or similar software program.
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December 16, 2024 Page 7
Scope of Work: College Street – S 8th Avenue to S 11th Avenue Transportation Improvements
Kittelson & Associates, Inc.
3.7 Corridor Concepts Analysis: The two (2) corridor concepts will be evaluated based on the
following:
• Intersection Operations. Review of existing year (2024) and future year (2040) traffic
volumes at each intersection and driveway assuming build conditions of each corridor
concept using HCM methodologies in Synchro, Vistro, or Sidra software.
• Safety Performance. Evaluate safety conditions along the corridor assuming build
conditions of each corridor concept by reviewing existing crash trends and Crash
Modification Factors (CMFs) where appropriate.
• Multimodal Connectivity. Summarize and identify the pros and cons of the pedestrian
and bicyclist treatments for each concept
• Parking. Summarize parking types and impacts to parking for each corridor concept.
• Access. Summarize access types, location, and circulation for each corridor concept.
3.8 Planning Level Cost Estimates. Prepare planning level cost estimates for up to two (2) corridor
concepts.
3.9 Corridor Concept Evaluation: Evaluate up to two (2) corridor concepts based on the results of
analysis, relative impacts, and cost estimates.
3.10 Draft Technical Memorandum #2 – Corridor Concepts Development and Evaluation
(Transportation-Focused). Summarize the results of Tasks 3.6-3.9 into a Draft Technical
Memorandum #2 and provide to TD&H Engineering for review and comment.
3.11 Final Technical Memorandum #2 – Corridor Concepts Development and Evaluation
(Transportation-Focused). Finalize Technical Memorandum #2 based on review and any
comments received for submittal. Submit to TD&H Engineering.
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December 16, 2024 Page 8
Scope of Work: College Street – S 8th Avenue to S 11th Avenue Transportation Improvements
Kittelson & Associates, Inc.
ATTACHMENT A: FEE ESTIMATE
390
Project Name: College Street 8th to 11thProject Manager: Andy DaleidenKAI Project Number: 30893.000Date: Dec 16, 2024LABOR ESTIMATE - College Street 8th to 11thPP PM DPM AnalystRingert, JohnDaleiden, AndrewHoffman, RebeccaSteele, MatthewTaskNotes StaffJFR AJD RYH MKS001 Project Management1.1Project Update Emails4 Emails1 3 4 $6991.1Project Teams Calls8 Calls4 4 8 $1,7291.2Monthly Invoices & Progress Reports8 PRs1 4 5 $833Reimbursable Expense$0Task #001 - Subtotal0 6 11 0 17 $3,261003 Traffic Analysis (Pre-Design)3.1Collect Intersection Turning Movement Counts4 intersections1 1 $1293.1Collect In / Out Driveway Counts13 driveways3 3 $3863.1Collect Pedestrian & Bicycle Counts3 zones2 2 $2573.1On-Street Parking Data Collection5 zones0.5 1 1.5 $1953.1Develop ADT Volume Profile3 Locations1 3 4 $5193.1Historical Traffic Counts Request & Review3 Tube Count Locations0.5 1 1.5 $1953.1Review of Nearby Studiesn/a2 6 8 $1,0393.1Site Visit2-day trip (includes travel to/from Bozeman) 16 16 32 $4,1943.2Intersection Operations Analysis4 Intersections, 13 driveways (quick analysis at 6), model, volumes, analysis under 4 time periods (AM, MD, PM, Sat) 2 6 22 30 $4,2283.2Historical Crash Data Request & Review5 Locations2 8 10 $1,2963.2Parking Utilization Review5 zones1 4 5 $6483.3Future Year 2040 No-Build Intersection Operations Analysis4 Intersections, 13 driveways (quick analysis at 6), update model, perform analysis in 4 time periods 5 12 17 $2,2113.3Future Year 2040 No-Build Level of Traffic Stress Analysis1 3 4 $5193.4Draft Tech Memo #1 - Existing Traffic Volumes, Crash History, and Study Review0.5 0.5 2 6 9 $1,3423.4Draft Tech Memo #1 - Existing Traffic Operations, Parking Utilization0.5 0.5 2 6 9 $1,3423.4Draft Tech Memo #1 - Future Year 2040 Conditions0.5 1 2 6 9.5 $1,4913.5Final Tech Memo #1 - Existing and Future No Build Conditons0.5 0.5 2 4 7 $1,0843.6Corridor Concepts Development2 alternatives2 4 8 40 54 $8,0213.7Corridor Concepts Analysis - Operations2 alternatives4 8 12 $1,5633.7Corridor Concepts Analysis - Safety Performance2 alternatives1 2 3 $3913.7Corridor Concepts Analysis - Parking Evaluation2 alternatives1 2 3 $3913.7Corridor Concepts Analysis - Access Management2 alternatives1 2 3 $3913.7Corridor Concepts Analysis - Multimodal Connectivity2 alternatives1 2 3 $3913.8Corridor Concepts Cost Estimates2 alternatives2 2 4 12 20 $3,2893.9Corridor Concept Evaluations2246 14 $2,5183.10Draft Tech Memo #2 - Concepts and Concept Evaluation Criteria0.5 1 4 6 11.5 $1,7583.10Draft Tech Memo #2 - Concepts Cost Estimates and Evaluation Results0.5 1 4 8 13.5 $2,0153.11Final Tech Memo #2 - Corridor Concepts Development and Evaluation0.5 0.5 2 4 7 $1,084Reimbursable Expense$24,931Task #003 - Subtotal9.5 15 77 196 297.5 $67,817TOTAL HOURS 9.5 21 88 196LABOR RATE $307.24 $298.67 $133.56 $128.59LABOR COST $2,919 $6,272 $11,753 $25,204315 $46,148$24,931$71,078Rates shown above are for budgeting purposes only. Additional staff may be billed at the time services are performed. Actual wage rates will be invoiced, overhead and profit will belocked for the duration of the contract.$71,078TOTAL PROJECT BUDGETTOTAL HOURSTOTAL KAI FEESTOTAL LABORTOTAL REIMBURSABLESProject BudgetWORK TASK/TASK HOURSWORK TASK/TASK COSTKittelson & Associates Inc.H:\30\30893 ‐ College Street 8th to 11th\admin\budget\30893_Budget and Tracking_final_revised12.16.2024391
Hourly
Billing Rate*
Senior Principal Engineer/Planner $308.88
Daleiden, Andrew $298.67
Ringert, John $307.24
Principal Engineer/Planner $267.55
Associate Engineer/Planner $236.03
Senior Engineer/Planner $193.10
Engineer/Planner $155.94
Hoffman, Rebecca $133.56
Transportation Analyst $135.43
Steele, Matthew $128.59
Technician I $112.74
Technician II $130.79
Senior Technician $156.45
Regan, Helen $175.93
Associate Technician $192.56
Office Support $115.13
Data Analyst / Software Technician $174.79
Senior Data Scientist/Developer $232.09
Classification
*Average classification rates are shown above along with actual rates for key personnel. These
rates were developed using Kittelson's audited overhead of 205.03%, 12% profit, and escalated to
cover the duration of the project. Actual wage rates will be invoiced, overhead and profit will be
locked for the duration of the contract.
City of Bozeman
Rate Schedule
As of November 2024
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December 16, 2024 Page 9
Scope of Work: College Street – S 8th Avenue to S 11th Avenue Transportation Improvements
Kittelson & Associates, Inc.
ATTACHMENT B: QUALITY COUNTS - SCOPE OF WORK & FEE
ESTIMATE
393
ESTIMATE
WCM:MT
BILL TO :Kittelson & Associates, Inc.
101 S Capitol Blvd # 301
Boise,ID 83702
(208) 338-2683
CLIENT PROJECT # : KAI-#####ESTIMATE DATE : 10/30/2024 ORDER DATE : 10/25/2024
ORDER No PROJECT NAME PAYMENT TERMS ORDER BY
168139 Gameday Counts - Bozeman, MT Net 30 Days Rebecca Hoffman
QTY DESCRIPTION RATE TOTAL
4 Large-Turn Count $366.00 $1,464.00
1 Location(s) for time period(s): 7:00 AM -- 9:00 AM-(Midweek) - 2 Hrs.
-1. S 11th Ave -- W College St (roundabout), Bozeman, MT
1 Location(s) for time period(s): 11:00 AM -- 1:00 PM-(Midweek) - 2 Hrs.
-1. S 11th Ave -- W College St (roundabout), Bozeman, MT
1 Location(s) for time period(s): 4:00 PM -- 6:00 PM-(Midweek) - 2 Hrs.
-1. S 11th Ave -- W College St (roundabout), Bozeman, MT
1 Location(s) for time period(s): 4:00 PM -- 6:00 PM-(Saturday) - 2 Hrs.
-1. S 11th Ave -- W College St (roundabout), Bozeman, MT
1 Large-Turn Count $491.00 $491.00
1 Location(s) for time period(s): 10:00 AM -- 1:00 PM-(Saturday) - 3 Hrs.
-1. S 11th Ave -- W College St (roundabout), Bozeman, MT
12 Standard-Turn Count $256.00 $3,072.00
3 Location(s) for time period(s): 7:00 AM -- 9:00 AM-(Midweek) - 2 Hrs.
-2. S 10th Ave -- University Parking/W College St, Bozeman, MT
-3. S 9th Ave -- W College St, Bozeman, MT
-4. S 8th Avenue -- W College St, Bozeman, MT
3 Location(s) for time period(s): 11:00 AM -- 1:00 PM-(Midweek) - 2 Hrs.
-2. S 10th Ave -- University Parking/W College St, Bozeman, MT
-3. S 9th Ave -- W College St, Bozeman, MT
-4. S 8th Avenue -- W College St, Bozeman, MT
3 Location(s) for time period(s): 4:00 PM -- 6:00 PM-(Midweek) - 2 Hrs.
-2. S 10th Ave -- University Parking/W College St, Bozeman, MT
-3. S 9th Ave -- W College St, Bozeman, MT
-4. S 8th Avenue -- W College St, Bozeman, MT
3 Location(s) for time period(s): 4:00 PM -- 6:00 PM-(Saturday) - 2 Hrs.
-2. S 10th Ave -- University Parking/W College St, Bozeman, MT
-3. S 9th Ave -- W College St, Bozeman, MT
Page 1 of 3Generated on 10/30/2024 01:07 PM
Page 1 of 3
394
-4. S 8th Avenue -- W College St, Bozeman, MT
3 Standard-Turn Count $331.00 $993.00
3 Location(s) for time period(s): 10:00 AM -- 1:00 PM-(Saturday) - 3 Hrs.
-2. S 10th Ave -- University Parking/W College St, Bozeman, MT
-3. S 9th Ave -- W College St, Bozeman, MT
-4. S 8th Avenue -- W College St, Bozeman, MT
13 Driveway - Directional Ins & Outs-Turn Count $271.00 $3,523.00
13 Location(s) for time period(s): 12:00 PM -- 3:00 PM-(Midweek) - 3 Hrs.
-1. Fedex Dwy -- W College St, Bozeman, MT
-2. The Break Room Dwy -- W College St, Bozeman, MT
-3. Columbo’s Dwy -- W College St, Bozeman, MT
-4. Conoco Dwy -- W College St, Bozeman, MT
-5. Joe’s Parkway Dwy 1 -- W College St, Bozeman, MT
-6. Joe’s Parkway Dwy 2 -- W College St, Bozeman, MT
-7. Joe’s Parkway Dwy 3 -- University Entrance 1 , Bozeman, MT
-8. University Entrance 2 -- W College St, Bozeman, MT
-9. Low Brow Burgers Dwy -- W College St, Bozeman, MT
-10. Low Brow Burgers Alley -- W College St, Bozeman, MT
-11. University Entrance 3 -- W College St, Bozeman, MT
-12. Exxon Dwy 1 -- W College St, Bozeman, MT
-13. Exxon Dwy 2 -- W College St, Bozeman, MT
13 Driveway - Directional Ins & Outs-Turn Count $216.00 $2,808.00
13 Location(s) for time period(s): 4:00 PM -- 6:00 PM-(Saturday) - 2 Hrs.
-1. Fedex Dwy -- W College St, Bozeman, MT
-2. The Break Room Dwy -- W College St, Bozeman, MT
-3. Columbo’s Dwy -- W College St, Bozeman, MT
-4. Conoco Dwy -- W College St, Bozeman, MT
-5. Joe’s Parkway Dwy 1 -- W College St, Bozeman, MT
-6. Joe’s Parkway Dwy 2 -- W College St, Bozeman, MT
-7. Joe’s Parkway Dwy 3 -- University Entrance 1 , Bozeman, MT
-8. University Entrance 2 -- W College St, Bozeman, MT
-9. Low Brow Burgers Dwy -- W College St, Bozeman, MT
-10. Low Brow Burgers Alley -- W College St, Bozeman, MT
-11. University Entrance 3 -- W College St, Bozeman, MT
-12. Exxon Dwy 1 -- W College St, Bozeman, MT
-13. Exxon Dwy 2 -- W College St, Bozeman, MT
3 Volume Video Count-Volume $831.00 $2,493.00
3 Location(s) for time period(s): 7 Days (Volume)
-College Street – between S 11th Avenue and S 8th Avenue, Bozeman, MT
-S 11th Avenue – south of College Street, Bozeman, MT
-S 8th Avenue – south of College Street, Bozeman, MT
6 -Survey Count-Pedestrian & Bicycle Counts $761.00 $4,566.00
QTY DESCRIPTION RATE TOTAL
Page 2 of 3Generated on 10/30/2024 01:07 PM
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395
Quality Counts, LLC
15615 SW 74th Ave #100
Tigard, OR 97224
(877) 580-2212
qualitycounts.net
3 Location(s) for time period(s): 16Hr. 6:00 AM -- 10:00 PM-(Midweek)
-Ped Zone 1 - 11th to 10th, Bozeman, MT
-Ped Zone 2 - 10th to 9th, Bozeman, MT
-Ped Zone 3 - 9th to 8th, Bozeman, MT
3 Location(s) for time period(s): 16Hr. 6:00 AM -- 10:00 PM-(Saturday)
-Ped Zone 1 - 11th to 10th, Bozeman, MT
-Ped Zone 2 - 10th to 9th, Bozeman, MT
-Ped Zone 3 - 9th to 8th, Bozeman, MT
2 -Survey Count-On-Street Parking Utilization $1,431.00 $2,862.00
1 Location(s) for time period(s): 15Hr. 6:30 AM -- 10:00 PM-(Midweek)
-Parking Utilization - 5 zones - 8th to 11th (30min intervals), Bozeman, MT
1 Location(s) for time period(s): 15Hr. 6:30 AM -- 10:00 PM-(Saturday)
-Parking Utilization - 5 zones - 8th to 11th (30min intervals), Bozeman, MT
TOTAL $22,272.00
QTY DESCRIPTION RATE TOTAL
Balances unpaid by end of Payment term (listed above) will be charged 1.5% interest per month
Page 3 of 3Generated on 10/30/2024 01:07 PM
Page 3 of 3
396
Memorandum
REPORT TO:City Commission
FROM:Brian Heaston
Shawn Kohtz
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
Morrison Maierle, Inc. for the Municipal Groundwater Supply Project.
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
Morrison Maierle, Inc. for the Municipal Groundwater Supply Project.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The 2013 adopted Integrated Water Resources Plan identifies groundwater
as a significant new municipal water supply source to meet the City’s
projected 50-year future demands. The City selected Morrison Maierle
through a competitive qualifications-based selection process to continue the
municipal groundwater supply project. The attached professional services
agreement (PSA) has been negotiated to provide initial phase services for
the project.
The initial phase consists of a substantial groundwater modeling effort to
identify locations in and around the City that are likely to contain favorable
aquifer conditions and viable mitigation alternatives. This modeling will
inform development of a test well drilling and aquifer testing program, test
well designs, and water right mitigation approaches for identified well sites.
The existing test well drilled at the Bozeman Sports Park will be further
evaluated as part of this initial phase. Subsequent phases of the project will
consist of drilling test wells, aquifer testing, and model updates necessary to
prepare municipal groundwater water right permit applications and
mitigation plans for MT DNRC review.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The negotiated PSA amount for the initial phase of this project is $455,700.
The FY26 biennial budget and FY26-30 Commission-adopted capital
improvement plan for the water impact fee fund contains $1,622,400 for
397
project ‘WIF33 – Test Well & Mitigation System Program’. An administrative
budget amendment will occur to bring sufficient WIF33 funding forward into
FY25 to authorize the PSA and initiate the project early. The current water
impact fee fund balance is adequate to support this budget amendment.
Attachments:
Final PSA Combined - Morrison Maierle - corrected.pdf
Report compiled on: January 23, 2025
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Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 1 of 12
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of , 2025, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and Morrison-Maierle, Inc. with a mailing address of 2880 Technology Blvd West, Bozeman MT 59718, hereinafter referred to as “Engineer”. The City and Engineer 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 Engineer to perform for City professional services for the City of Bozeman Municipal Groundwater Supply Project (the “Project”).
2. Term/Effective Date: This Agreement is effective upon the date of its execution and will terminate upon satisfactory completion of the agreed Scope of Services, which may be amended from time to time by the mutual agreement of the Parties pursuant to terms of this agreement, as determined by the City.
3. Scope of Services: Engineer will perform the work and provide the services in accordance with the Scope of Services attached hereto as Exhibit A and by reference made a part of this Agreement. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. Engineer may, at its own risk, use or
rely upon design elements and information ordinarily or customarily furnished by others,
including, but not limited to Engineer’s Consultants, specialty contractors, manufacturers, suppliers, and publishers of technical standards. 4. Payment for Scope of Services: City agrees to pay Engineer for the completion of the Scope
of Services a cost not-to-exceed the amount of $455,700.
a. The actual cost amount paid shall be equal to the cumulative hours charged to the Project by each class of Engineer’s personnel multiplied by the standard hourly rates for each applicable billing class for all services performed on the Project, plus
Reimbursable Expenses (defined in Section 9 of this Agreement) and any Engineer’s
Consultant charges. Engineer’s Standard Hourly Rates and Reimbursable Expenses Schedule are attached hereto as Exhibit B and are by reference made a part of this Agreement.
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Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 2 of 12
b. The standard hourly rates charged by Engineer constitute full and complete
compensation for Engineer’s services, including labor costs, overhead, and profit; the
standard hourly rates do not include Reimbursable Expenses or Engineer’s Consultant charges. c. A detailed breakdown of the cost amount for the Scope of Services, including personnel
hours directly assigned to each task and the estimated Engineer’s Consultant charges,
is attached hereto as Exhibit C and, by reference, made a part of this Agreement. d. Engineer may alter the distribution of compensation between individual tasks of the Scope of Services to be consistent with services actually rendered but shall in no case
exceed the cost not-to-exceed amount as set forth above.
5. Reimbursable Expenses: As defined in Section 9 of this Agreement, for completion of the Scope of Services and any approved Additional Services, Reimbursable Expenses shall be paid to the Engineer by the City in the actual amount of the expenses incurred per expense rates
contained in the Engineer’s Reimbursable Expenses Schedule provided in Exhibit B.
6. Engineer’s Consultants: Whenever Engineer is entitled to compensation for the charges of Engineer’s Consultants, those charges shall be the amounts billed by Engineer’s Consultants to Engineer times a factor of 1.05. This factor shall cover Engineer’s overhead and profit
associated with Engineer’s responsibility for the administration of such services and costs.
7. Additional Services: The City may request Engineer to perform any Project-related Additional Services not otherwise provided for in this Agreement. If the City requests such Additional Services, it shall so instruct the Engineer in writing, and the Engineer shall perform,
or direct Engineer’s Consultants to perform, such work necessary to complete the Additional
Services requested. The City and Engineer shall mutually agree upon a cost amount and basis of payment for any Additional Services prior to Engineer proceeding with such Additional Services.
8. Times of Payments: Engineer may submit monthly billing statements to the City. Billing
amounts shall be based on the cumulative hours charged to each task of the Scope of Services during the billing period by each class of Engineer’s employees multiplied by the standard hourly rates for each applicable billing class, plus Reimbursable Expenses and Engineer’s Consultants’ charges and any approved Additional Services rendered. The billing statements
shall include an estimated percent completion for each task at the time of billing.
9. Meaning of Terms: a. Additional Services: Additional Services means services resulting from significant
changes in the general scope, extent or character of the Project or major changes in
documentation previously accepted by the City where changes are due to causes beyond the Engineer’s control. Additional Services can also mean providing other
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Professional Services Agreement – City of Bozeman Municipal Groundwater Project Page 3 of 12
services not otherwise provided for in the Agreement that are substantially similar to and generally consistent with the nature of services contained in the Scope of Services.
b. Agreement: As used herein the term “this Agreement” refers to the contents of this document and its Exhibits attached hereto and referred to as if they were part of one and the same document.
c. Reimbursable Expenses: Reimbursable Expenses mean the actual expenses incurred
by the Engineer or Engineer’s Consultants directly in connection with the Project pursuant to the expense rates contained in the Engineer’s Reimbursable Expenses Schedule provided with Exhibit B, such as expenses for: transportation and subsistence incidental thereto; toll telephone calls; specialized technology or software subscription
charges; reproduction of reports, technical memoranda, drawings, renderings and
similar Project-related items. d. Engineer’s Consultants: Engineer’s Consultants means any independent professional associates working on the Project that are not directly employed by Engineer and have
rather been hired by Engineer to serve a particular role or offer a particular service for
the Project. 10. Engineer’s Representations: To induce City to enter into this Agreement, Engineer makes the following representations:
a. Engineer 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. Engineer 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 in accordance with the professional standard of care; 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.
11. Independent Contractor Status/Labor Relations: The parties agree that Engineer is an independent Contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Engineer 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. Engineer is not authorized to represent the City or otherwise bind the City in any dealings between Engineer and any third parties.
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Engineer 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. Engineer shall maintain workers’ compensation
coverage for all members and employees of Engineer’s business, except for those members who are exempted by law. Engineer 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,
Engineer 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 Engineer shall take shall be left to the discretion of Engineer; provided, however, that Engineer shall bear all costs of any related legal action. Engineer shall
provide immediate relief to the City so as to permit the services to continue at no additional
cost to City. Engineer 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. 12. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Engineer 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 Engineer; or (ii) any negligent, reckless, or intentional misconduct of any of the Engineer’s agents.
For the professional services rendered, to the fullest extent permitted by law, Engineer 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 Engineer or Engineer’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
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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).
Engineer’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 Engineer to assert its right to
defense or indemnification under this Agreement or under the Engineer’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 Engineer was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Engineer 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, Engineer shall at Engineer’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 Engineer in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Engineer 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. Engineer 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 - $7,500,000 per claim; $7,500,000 annual aggregate.
All of the policies and amounts above, except Professional Liability, shall be exclusive of defense costs. The City of Bozeman shall be endorsed as an additional or named insured on a
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primary non- contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall
include no less than a thirty (30) day notice of cancellation or non-renewal. The City must
approve all insurance coverage and endorsements prior to the Engineer commencing work. Engineer shall notify City within five (5) business days of Engineer’s receipt of notice that any required insurance coverage will be terminated or Engineer’s decision to terminate any required insurance coverage for any reason.
13. Termination for Engineer’s Fault: a. If Engineer 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 Engineer’s right to proceed with all or any part of the work (“Termination Notice Due to Engineer’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 13, Engineer shall be entitled to
payment only for those services Engineer actually rendered. c. Any termination provided for by this Section 13 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 13, Engineer shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of
the termination.
14. 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 Engineer (“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 Engineer.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, Engineer 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. Engineer shall do only
such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress.
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c. In the event of a termination pursuant to this Section 14, Engineer is entitled to payment only for those services Engineer actually rendered on or before the receipt of the Notice
of Termination for City’s Convenience.
d. The compensation described in Section 14.c is the sole compensation due to Engineer for its performance of this Agreement. Engineer 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. 15. Limitation on Engineer’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Engineer under this Agreement, Engineer’s
damages shall be limited to contract damages and Engineer 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 Engineer wants to assert a claim for damages of any kind or nature, Engineer 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 Engineer becoming aware of the facts and
circumstances giving rise to the claim. In the event Engineer fails to provide such
notice, Engineer shall waive all rights to assert such claim. 16. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this Agreement
shall be Brian Heaston, P.E. 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, Engineer 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. Engineer’s Representative: The Engineer’s Representative for the purpose of this
Agreement shall be Neal Patrick Eller or such other individual as Engineer shall designate in writing. Whenever direction to or communication with Engineer is required by this Agreement, such direction or communication shall be directed to Engineer’s Representative; provided, however, that in exigent circumstances when
Engineer’s Representative is not available, City may direct its direction or
communication to other designated Engineer personnel or agents.
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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.
17. Permits: Engineer 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.
18. Laws and Regulations: Engineer 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.
19. Nondiscrimination and Equal Pay: The Engineer agrees that all hiring by Engineer of
persons performing this Agreement shall be on the basis of merit and qualifications. The Engineer will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Engineer 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 Engineer 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. Engineer 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). Engineer must report to the City any violations of the Montana Equal Pay Act
that Engineer has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Engineer shall require these nondiscrimination terms of any of Engineer’s Consultants
providing services under this Agreement.
20. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Engineer shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
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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. Engineer 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 Engineer shall be obligated to furnish such proof.
The Engineer shall be responsible for instructing and training the Engineer's employees
and agents in proper and specified work methods and procedures. The Engineer shall provide continuous inspection and supervision of the work performed. The Engineer is responsible for instructing its employees and agents in safe work practices.
21. Modification and Assignability: This Agreement may not be enlarged, modified, amended
or altered except by written agreement signed by both Parties hereto. Engineer may not subcontract or assign Engineer’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any of Engineer’s Consultants or assignees will be bound by all of the terms and conditions of this Agreement.
22. Reports/Accountability/Public Information: Engineer agrees to develop and/or provide documentation as requested by the City demonstrating Engineer’s compliance with the requirements of this Agreement. Engineer 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 Engineer pursuant to this Agreement was used
in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Engineer shall not issue any statements, releases or information for public dissemination without prior approval of the City.
23. 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.
24. 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.
25. Taxes: Engineer is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 26. 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
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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.
27. Survival: Engineer’s indemnification shall survive the termination or expiration of this
Agreement for the maximum period allowed under applicable law. 28. Headings: The headings used in this Agreement are for convenience only and are not to be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs
to which they refer.
29. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect.
30. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws
of the State of Montana. 31. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties.
32. 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.
33. Counterparts: This Agreement may be executed in counterparts, which together constitute
one instrument. 34. 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.
35. Standard of Care: In providing services under this Agreement, Engineer will perform in a
manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. If any service should be found to be not in conformance with this standard, the Engineer shall, at the City’s request, re-perform the service at its own expense. Engineer shall also, at its own expense, make such
changes, modifications or additions to the project which are made necessary as a result of the
initial non-performance or the re-performance of services. The City’s rights herein are in addition to any other remedies the City may have under the law.
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36. Ownership of Work Product: All of Engineer’s work products produced under this Agreement, including but not limited to Engineer’s Consultants’ work products, electronic
geohydrology modeling files, and electronic geospatial files, shall become the property of the
City. Future use, reuse, alteration, or modification of the work products by the Engineer or Engineer’s Consultants are only permissible with the prior written consent of the City. The grant or denial of such consent shall be at the City’s sole discretion. Any independent use, reuse, alteration, or modification of the work product by the City beyond the anticipated use
of the work product set forth in the Scope of Services, will be at the City’s sole risk and without
liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and Engineer’s Consultants. 37. Consent to Electronic Signatures: The Parties have consented to execute this Agreement
electronically in conformance with the Montana Uniform Electronic Transactions Act, Title
30, Chapter 18, Part 1, MCA. **** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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In witness whereof, the Parties hereto do make and execute this Agreement.
CITY OF BOZEMAN, MONTANA ENGINEER
BY: BY: Chuck Winn, Interim City Manager
Print Name: _________________________
Print Title: __________________________ DATE: DATE:
ATTEST:
BY: Mike Maas, City Clerk
APPROVED AS TO FORM:
BY:
Greg Sullivan, City Attorney
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Page 1 of 4
Exhibit A City of Bozeman Municipal GW Project – Planning, Preliminary Design Scope of Work PROJECT DESCRIPTION: The intent of this project is to develop public water supply (PWS) production wells for the City of Bozeman (COB), including permitting through both the Department of Environmental Quality (DEQ), and the Department of Natural Resources and Conservation (DNRC). The scope of work is for Phase I investigation which includes groundwater development planning, groundwater modeling, DNRC permit evaluation, mitigation option evaluation, test well program development, preliminary well design and conceptual infrastructure design.
A future scope will include test well drilling and testing oversight, permitting through DNRC and DEQ, design of production wells, mitigation infrastructure, well houses, treatment systems, and construction related tasks.
The level of effort in the budget is based on what is estimated to be a reasonable level of effort to
identify sites that will likely yield significant quantities of groundwater and explore mitigation strategies that are likely acceptable to the DNRC. It is not intended to be an exhaustive level of effort, and the end product will be based on the estimated budget per task.
The general scope of work in Phase I includes the following:
• Hydrogeologic evaluation
• Groundwater modeling
• Mitigation evaluation
• Prepare test well drilling plan to identify potential yields of target areas. SCOPE OF WORK: PHASE 1 – PLANNING AND TEST WELL DEVELOPMENT
101 – PROJECT MANAGEMENT AND GUIDANCE Project Status Meetings: This task will include routine project status meetings with COB staff estimated to be on a bi-monthly basis. Project Management and Guidance: This task provide project management throughout Phase 1, focused on delivering a quality product within the specified schedule. The task
includes internal staff management, coordination with and management of subconsultants, and coordination with the COB. Monthly invoices for services rendered will be prepared along with an accompanying progress report.
102 – HYDROGEOLOGIC EVALUATION – VALLEY WIDE This task includes a valley wide hydrogeologic evaluation to determine potential sites for new test wells and potential production wells. This will include the following:
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Exhibit A - City of Bozeman Municipal GW Project - Scope of Work
• Acquisition and evaluation of local valley hydrogeology, existing well construction, existing literature, available aquifer testing information and interview of local drilling firms. Valley wide is specific to valley fill alluvial deposits, but generally will be bounded by the Gallatin Mountain range front in the south, the West Gallatin river to the west, the East Gallatin river to the north and Bozeman/Sourdough creek to the east. The model boundaries are set to provide improved model performance. The outer boundaries will be more general in nature, whereas areas within Bozeman will be modeled in greater
detail.
• Aquifer test analysis from existing well information
• Acquire surface water flow data from existing published sources. Discrete physical measurements may be utilized in areas without historical records or for verification
purposes. Assume four field measurements.
• Groundwater model evaluation and improvement to include evaluation of the existing
Newfield’s model, evaluation of the existing WET model and preparation of a working
model to evaluate pumping and mitigation scenarios at the Sports Park Complex and
other potential wellfield sites.
• Site investigation of potential well sites including City and other government owned properties. Identify private parcels that may be feasible for groundwater development. • Site analysis for potential contaminate sources as normally completed during the Source Water Delineation and Assessment Report.
• Develop WebApp for dissemination of spatial data between City, Morrison-Maierle and WET. 103 – HYDROGEOLOGIC EVALUATION – SPORTS PARK WELL
• Evaluation of Sports Park Well existing drilling and testing information.
• Wellfield feasibility analysis • Infrastructure feasibility, conceptual design, and cost analysis at the Sports Park Complex 104 – HYDROGEOLOGIC EVALUATION – SELECTED LOCATIONS
• Evaluation of selected locations existing drilling and testing information
• Wellfield feasibility analysis
• Evaluation of conceptual mitigation plans and mitigation infrastructure
• Infrastructure feasibility, conceptual design, and cost analysis
• Each scenario will be evaluated using the Alluvial Water Accounting System Model
(AWAS) used by the DNRC Hydro sciences section.
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Exhibit A - City of Bozeman Municipal GW Project - Scope of Work
• Refinement of groundwater model to focus on specific areas identified.
105 – MITIGATION STRATEGY AND ANALYSIS
• Evaluation of conceptual mitigation plans and mitigation infrastructure including Aquifer Storage and Recovery
• Mitigation evaluation at Sports Park
• Mitigation evaluation at Selected Sites
• Alluvial Water Accounting System AWAS evaluation
• DNRC Meetings 106 – Outside Consultant Coordination
• Coordination with outside consultant/engineering Companies under separate contract by the City
• Coordination may include coordination on water right analysis, outside consultant review or effort of direct result of this investigation, and discussion of analysis.
107 – PROJECT RANKING
• Provide a ranking of each selected site, including the Sports Park Well
• Ranking will include well yield potential, permitting potential, infrastructure cost.
• Use ranking table to identify permitting and/or test well drilling locations along with a workshop with City staff and Legal counsel.
108 –TEST WELL DRILLING RECOMMENDATION & PROGRAM
• Develop a test well drilling program on selected sites.
• Prepare a cost estimate for the test well drilling program.
• Prepare bid documents for test well drilling.
• Pre-bid meeting and opening Phase 1 Deliverable Documents:
• Technical Memorandums including:
o Valley Wide Groundwater Evaluation
o Sports Park Well Investigation
o Selected Sites Investigation
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Exhibit A - City of Bozeman Municipal GW Project - Scope of Work
o Mitigation Analysis and Findings Report
o Groundwater Model and Report – Provided by Water & Environmental Technologies
(WET)
o Overall Findings and Recommendations Report
o Ranking Report
o Bid documents for a test well program.
Furnish 2 paper review copies and 1 digital (PDF) copy of the deliverable documents to COB. Revise documents in response to COB’s comments, as appropriate and implement changes into final documents for submission to COB. Up to 5 paper copies of final documents will be provided to the COB along with 1 digital (PDF) copy.
COB Engineering Responsibilities:
1. Provide Morrison-Maierle with test reports, well specifications, etc. as requested.
2. Assist Morrison-Maierle with investigating government properties for potential test well and production well development.
3. Provide Morrison-Maierle access to the City’s water rights attorney during the project. Input form the City’s water right attorney during the process is vital to ensure the process is tracking correctly.
4. Pay any agency review fees.
5. Negotiate property and easement purchases. 6. Provide Morrison-Maierle relevant information from the on-going Integrated Water Resource Planning.
7. Attend workshops for well field locations, water rights discussions and design milestones. Assumptions and Tasks Not Included in the Scope of Services:
1. Morrison-Maierle will receive all direction regarding project execution, direction, and related design information from the COB Engineering Department conforming to the scope of work described herein.
2. Morrison-Maierle will utilize the 2024 Draft City of Bozeman Design and Constructions Standards.
3. Morrison-Maierle will not provide boundary survey or easement filing services. These services can be added if needed.
4. Environmental permitting services not required (Joint Application/Wetland Delineations)
5. Water right attorney right retainage by COB is assumed.
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Exhibit A - City of Bozeman Municipal GW Project - Scope of Work
6. DEQ and DNRC Permitting will be completed under a separate phase.
415
Standard Rate Schedule
Effective Thru
June 30, 2025
Standard Rate Overtime Rate
Engineer Supervising Engineer V $305.00 $305.00
Supervising Engineer IV $297.00 $297.00
Supervising Engineer III $267.00 $267.00
Supervising Engineer II $257.00 $257.00
Supervising Engineer I $242.00 $242.00
Senior Engineer II $225.00 $225.00
Senior Engineer I $203.00 $203.00
Design Engineer II $194.00 $194.00
Design Engineer I $174.00 $174.00
Engineer Intern II $143.00 $143.00
Engineer Intern I $128.00 $128.00
Planner Supervising Senior Planner $236.00 $236.00
Senior Planner $208.00 $208.00
Planner III $159.00 $159.00
Planner II $145.00 $145.00
Planner I $127.00 $127.00
Scientist Environmental Scientist III $193.00 $193.00
Environmental Scientist II $146.00 $146.00
Environmental Scientist I $126.00 $126.00
Senior Geologist $233.00 $233.00
Geologist III $208.00 $208.00
Geologist II $169.00 $169.00
Geologist I $144.00 $144.00
Designer and Technician Senior Communications Designer $250.00 $250.00
Communications Designer $129.00 $129.00
CAD Designer III $175.00 $175.00
CAD Designer II $149.00 $149.00
CAD Designer I $136.00 $203.00
CAD Tech III $133.00 $199.00
CAD Tech II $115.00 $173.00
CAD Tech I $102.00 $153.00
Senior Engineering Designer $190.00 $190.00
Engineering Designer $130.00 $130.00
Resident Project Representative Senior Resident Project Representative $192.00 $192.00
Resident Project Representative IV $185.00 $185.00
Resident Project Representative III $173.00 $173.00
Resident Project Representative II $146.00 $218.00
Resident Project Representative I $131.00 $197.00
Administrative Administrative Manager $132.00 $132.00
Administrative Coordinator III $122.00 $122.00
Administrative Coordinator II $116.00 $173.00
Administrative Coordinator I $94.00 $140.00
Project Coordinator III $118.00 $118.00
Project Coordinator II $106.00 $159.00
Project Coordinator I $96.00 $144.00
Technical Intern $88.00 $133.00
Survey Senior Survey Manager $238.00 $238.00
Survey Manager $183.00 $183.00
Land Surveyor IV $177.00 $177.00
Land Surveyor III $171.00 $171.00
Land Surveyor II $151.00 $151.00
Land Surveyor I $121.00 $121.00
Remote Sensing Specialist II $155.00 $155.00
Remote Sensing Specialist I $145.00 $145.00
Survey Technician IV $133.00 $133.00
Survey Technician III $117.00 $176.00
Survey Technician II $103.00 $154.00
Survey Technician I $87.00 $131.00
Expert Witness Recommended rate for expert witness services (depositions and/or time in court) is charged at an hourly rate of 150‐200% of the
standard billing rate.
416
Supervising Engineer S. Design Engineer Geologist III Geologist I ARC/CAD/Survey
Project Management 250.00$ 215.00$ 202.00$ 142.00$ 142.00$ WET HRS MMI Total hours per taskProject Status Meetings 8 8 40 16 8 72Project Management and Guidance 8 24 24 8 56
16 8 64 40 16 1284,000.00$ 1,720.00$ 12,928.00$ 5,680.00$ 24,328.00$
GW Evaluation Valley WideAquistion and evaluation of local valley hydrogeology, existing wells, existing literature, available aquifer testing information and interview of local drilling firms 80 120 80 200Aquifer test analysis from existing well information 40 60 100Surface water data aquisiton - Flow Measurement/Seepage analysis - Data aquistion from existing sources and discrete measurements where necessary 10 40 80 50
Groundwater model - Evaluate models and prepare new model 20 380 20Site investigation of potential well sites including City and other government owned properties. Identify private parcels that may be feasible for groundwater development 8 24 20 40 .92Site analysis for potential contaminate sources as normally completed during the Source Water Delineation and Assessment Report 8 16 24
ARCGIS OnLine Web App 40 10 50
8 32 190 296 10 540 536
2,000.00$ 6,880.00$ 38,380.00$ 42,032.00$ 1,420.00$ 90,712.00$
GW Evaluation Sports ParkEvaluation of Sports Park Well existing drilling and testing information 24 16 40Wellfield feasibility analysis 16 24 40
Infrastructure feasibility, preliminary design and cost analysis at the Sports Park Complex 8 16 8 4 36
8 16 24 40 4 92
2,000.00$ 3,440.00$ 4,848.00$ 5,680.00$ 568.00$ 16,536.00$
GW Evaluation - Selected SitesSite evaluation of selected locations 8 8 20 36
Wellfield feasibility analysis 20 20 20 40
Evaluation of conceptual mitigation plans and mitigation infrastructure 30 16 16Infrastructure feasibility, preliminary design and cost analysis 8 16 20 20 64AWAS modeling of spelected sites 8 20
Refinement of groundwater model to focus on specific areas identified 60 120 60
16 46 132 76 20 140 430
4,000.00$ 9,890.00$ 26,664.00$ 10,792.00$ 2,840.00$ 54,186.00$
Mitigation Strategy and AnalysisEvaluation of conceptual mitigation plans and mitigation infrastructure including Aquifer Storage and Recovery 8 40 80 60 20 208
Mitigation evaluation at Sports Park 8 8 40 40 50 96
Mitigation evaluation at Selected Sites 8 8 40 40 120 96Alluvial Water Accounting System (AWAS) evaluation 8 4 12DNRC Meetings 4 16 16 20 36
28 56 184 160 20 190 4487,000.00$ 12,040.00$ 37,168.00$ 22,720.00$ 2,840.00$ 81,768.00$
Consultant Coordination
Provide a ranking of each selected site, including the Sports Park WellRanking will include well yield potential, permitting potential, infrastructure cost. 8 20 20 20 0 68Use ranking table to identify permitting and/or test well drilling locations along with a workshop with City staff and Legal counsel. 2,000.00$ 4,300.00$ 4,040.00$ 2,840.00$ -$ 13,180.00$
Project RankingProvide a ranking of each selected site, including the Sports Park WellRanking will include well yield potential, permitting potential, infrastructure cost. 8 20 20 20 0 68
Use ranking table to identify permitting and/or test well drilling locations along with a workshop with City staff and Legal counsel. 2,000.00$ 4,300.00$ 4,040.00$ 2,840.00$ -$ 13,180.00$
Test Well Drilling Recommendation & ProgramDevelop a test well drilling program on selected sites 8 8 12 20 48
Cost estimate for test well drilling program 4 4 4 12
Prepare bid documents for test well drilling 8 8 20 10 46Pre-bid meeting and opening 8 4 118
8 28 28 44 10 118
2,000.00$ 6,020.00$ 5,656.00$ 6,248.00$ 1,420.00$ 21,344.00$
Total Cost 25,000.00$ 48,590.00$ 133,724.00$ 98,832.00$ 9,088.00$ 315,234.00$
MMI 315,234.00$
WET (Subconsultant)140,475.30
455,709.30$
Subconsultant includes average labor rate at $151/hour X 1.05 Administrative markup factor X total hours
417
Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer II
Shawn Kohtz, City Engineer
SUBJECT:Authorize City Manager to Sign Amendment 2 to the Professional Services
Agreement with DOWL, LLC for Bidding and Construction Phases of the
Riverside Lift Station and Force Main Project
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to Sign Amendment 2 to the Professional Services
Agreement with DOWL, LLC for Bidding and Construction Phases of the
Riverside Lift Station and Force Main Project
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy of Amendment 2 to the Professional Services Agreement
with DOWL, LLC for the Riverside Lift Station and Force Main Project. The
document is in the City’s standard format.
The original professional services agreement and amendment 1 included,
predesign and design of the Riverside Lift Station and Force Main. These
items have been completed. The proposed amendment will include bidding
and construction phases of the project.
This work is pursuant to the annexation agreement with the Riverside
Community. That agreement stipulated that the City would complete the
installation of a new lift station and force main to convey wastewater from
the subdivision to the water reclamation facility, and that those cost would
be reimbursed through the establishment of a Special Improvement District.
UNRESOLVED ISSUES:The City is in the process of negotiating right-of way permitting with the
Montana Department of Transportation for the proposed routing of the new
force main. This permitting must be finalized before project award.
ALTERNATIVES:As Suggested by the Commission
FISCAL EFFECTS:Funding has been appropriated in the FY24 and FY25 budget as project
WW133 for a total amount of $3,020,000 and paid for from the Wastewater
Fund (WW133). All project expenditures will be reimbursed by the Riverside
418
Subdivision property owners through Special Improvement District 789 per
the Riverside Annexation Agreement.
Attachments:
Professional Services Agreement with DOWL.pdf
Professional Services Agreement Amendment 2 -
Riverside.pdf
Report compiled on: January 23, 2025
419
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFDJuly 25, 2023420494
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD421495
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD422496
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD423497
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD424498
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD425499
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD426500
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD427501
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD428502
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD429503
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD430504
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD431505
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD432506
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD433507
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD434508
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD7/28/2023BY:____________________________APPROVED AS TO FORM:8/28/2023435509
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFDDOWL, LLCJuly 25, 2023436510
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD437511
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD438512
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFDDOWL, LLCJuly 25, 2023439513
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD440514
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD441515
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD442516
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD443517
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD444518
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD445519
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD446520
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD447521
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD448522
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD449523
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD450524
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD451525
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD452526
DocuSign Envelope ID: 42055E8D-4DB6-4C3B-A0AE-49FCD486ABFD453527
1
Amendment No. 2 to Professional Services Agreement
for Bozeman Riverside Lift Station and Force Main
THIS AGREEMENT is made as of this ________ day of ____________________, 2025,
between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred
to as OWNER and DOWL, LLC, an Engineering Consulting Firm of Bozeman, Montana, herein
referred to as ENGINEER.
WHEREAS, the parties have entered into a Professional Services Agreement dated July 25,
2023, herein referred to as Original Agreement (“Agreement”) for professional engineering services;
and
WHEREAS, the parties desire to further amend the provisions of this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTAINED HEREIN, the parties agree as follows:
A. AMENDMENT OF SCOPE OF SERVICES (ARTICLE 4)
The scope of services for this amendment is generally described as Preliminary Design Phase (4.2),
Final Design Phase (4.3), Bidding or Negotiating Phase (4.4), and Construction Phase (4.5),
including the following:
1. Modifications to tasks included in the Preliminary Design Phase (Phase 4.2) as
indicated in the attached Exhibit A-1.
2. Modifications to tasks included in the Final Design Phase (Phase 4.3) as indicated in the
attached Exhibit A-1.
3. Incorporation of the Bidding or Negotiating Phase (Phase 4.4) as indicated in the
Agreement, and as modified in Exhibit A-1.
4. Incorporation of the Construction Phase services (Phase 4.5), as indicated in the
Agreement.
i. The assumed duration of the construction phase includes a construction contract
duration of 180 calendar days as the basis for estimating the construction
administration and inspection effort.
5. Incorporation of Exhibit B – LISTING OF THE DUTIES, RESPONSIBILITIES AND
LIMITATION OF THE AUTHORITY OF THE RESIDENT PROJECT
REPRESENTATIVE, as included in the Agreement.
B. COMPENSATION (Article 6)
Compensation to DOWL for the additional services agreed to and set forth in Exhibit A-1 shall be
as follows:
6.1 LUMP SUM AGREEMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER
6.1.1 Payment: For preliminary and final design services performed as Basic Engineering Services
under 4.2 and 4.3 of the Agreement, OWNER shall pay ENGINEER and increased amount of
$27,360.00 to a revised not-to-exceed total of $356,421.00.
454
2
6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF
ENGINEER
This amendment modifies this section of the Agreement as follows:
6.2.1 The OWNER shall pay for Bidding Phase, Construction Phase and Project Documentation
Services an amount not to exceed $288,367.62 (not including expenses in 6.2.2) except as provided
under 6.2.1.2 (Notification) and 6.2.4 (Additional Services).
6.2.1.1 Costs Compensation. Compensation for these services shall be based on the ENGINEER’s
Direct Labor Cost times a factor of 3.25 for services rendered which shall cover Direct Labor,
Direct Labor Overhead, General and Administrative Overhead and Profit.
6.2.2 Reimbursable Expenses, as defined in section 7.4 of this Agreement, for Basic Services and
Approved Additional Services shall be paid to the ENGINEER by the OWNER in the actual
amount of the costs incurred up to an amount not to exceed $18,466.00 which includes $15,466.00
for consultants employed by the ENGINEER and $3,000.00 for all other reimbursable expenses.
The estimated reimbursable expenses are identified in Exhibit B-1.
Except as specifically amended herein, the original agreement shall remain in full force and
effect and the Parties shall be bound by all terms and conditions therein.
The following Exhibits are hereby made a part of this Amendment:
• Exhibit A-1, “Amendment 2 to Original Scope of Services”
• Exhibit B-1, “Summary of Estimated Costs - Design”
• Exhibit B-2, “Summary of Estimated Costs – Bidding, CA, Inspection”
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day
and year first above written.
CITY OF BOZEMAN
By: ______________________________________
ATTEST:
________________________________________
Mike Mass
City Clerk
APPROVED AS TO FORM
By:____________________________________
City Attorney
ENGINEER
455
3
By:_______________________________________
Its:______________________________________
ATTEST:
By:___________________________________
456
Bozeman Riverside Lift Station and Force Main
Amendment 2: Scope of Services
Page 1 of 2
EXHIBIT A-1 to Contract Amendment 2, “Amendment 2 to Original Scope of Services”
PHASE 02: PRELIMINARY DESIGN PHASE (Phase 4.2)
Task 273 MDT Utility Occupancy/Encroachment Permitting: This amendment includes the
unanticipated additional effort to date and the estimated additional effort to assist with ongoing
negotiations of the terms and conditions for this encroachment permit from the Montana
Department of Transportation. The required documents include the encroachment permit, a
Memorandum of Agreement between the City and MDT and a separate Contractor Agreement
to be included in the bidding documents and executed by the awarded contractor and MDT
after bidding and contract award.
Task 275 Temporary Construction Easements: This amendment includes the additional effort
coordinating with Riverside Country Club to establish the easement conditions and areas for
temporary construction easements as necessary to facilitate construction access and installation
of the facilities.
Task 290 State Revolving Fund Assistance (SID Creation): This amendment includes the
additional assistance effort, meetings and coordination needed for the City’s creation of the
Special Improvement District for the project financing.
PHASE 03: FINAL DESIGN PHASE (Phase 4.3)
Task 340: Final Electrical, I&C Design: This amendment includes additional effort associated
with the lift station SCADA communications in incorporating provisions for future radio read
and redundancy provisions, where just a single fiber optic connection was included in the scope
of work.
Permit Fees: This amendment also incorporates the permit fees paid to date for county and state
permitting agencies for the necessary permits and reviews.
PHASE 04: BIDDING OR NEGOTIATING PHASE (Phase 4.4)
ENGINEER will assist OWNER in completion of these services included in the Agreement, and
modified as follows:
1. OWNER will set up a QuestCDN bidding site project number to host the bidding documents,
addenda and provisions for electronic submittal of the bids and provide ENGINEER access to
the site for upload of bidding documents and addenda.
2. ENGINEER will upload the final bid documents to the QuestCDN project site.
3. ENGINEER will host a prebid conference with prospective bidders to describe the project and
answer questions.
4. ENGINEER will set up an online bid opening meeting, distribute meeting call in information,
accept and read bids, and compile a certified bid tabulation.
5. ENGINEER to assist OWNER in determination of responsiveness and responsibility of bidders
and make recommendation for award.
6. ENGINEER to provide review of bonds and insurance information and facilitate routing of
construction contracts by OWNER via Docusign.
457
Bozeman Riverside Lift Station and Force Main
Amendment 2: Scope of Services
Page 2 of 2
PHASE 05 – CONSTRUCTION PHASE SERVICES (See Agreement)
Add the following section:
4.5.4 Duration of Construction Phase
The assumed duration of construction phase services is 180 calendar days.
PHASE 06 – INSPECTION (RPR) SERVICES (See Agreement)
End of Exhibit A-1
458
Prepared By:
K. Johnson
Reviewed By:Summary P. Yakawich
1 --$ -$ -$ -$
2 --$ -$ -$ -$
3 Permit Fees - Design Phase --$ 2,000.00$ -$ 2,000.00$
4 SID Creation Assistance, Meetings, Public Meeting & Prep 20 4,100.00$ -$ -$ 4,100.00$
5 MDT Additional Coordination, Permit Iterations 36 6,080.00$ -$ -$ 6,080.00$
6 Additional Permitting Efforts (Floodplain, LUP), 20 3,060.00$ -$ -$ 3,060.00$
7 Electrical (I&C Additions, telemetry, coord.) 56 10,180.00$ -$ -$ 10,180.00$
8 RCC Temporary Easement Iterations 12 1,940.00$ -$ -$ 1,940.00$
9 --$ -$ -$ -$
10 --$ -$ -$ -$
11 --$ -$ -$ -$
17 --$ -$ -$ -$
18 --$ -$ -$ -$
19 --$ -$ -$ -$
20 --$ -$ -$ -$
144 25,360.00$ 2,000.00$ -$ 27,360.00$
144 25,360.00$ 2,000.00$ -$ 27,360.00$
Project: Bozeman Riverside Lift Station and Force Main
Client: City of Bozeman
Project or Contract #: 12580.01 - Design
1/21/2025
Labor SubtotalTaskPhase Name Project
Totals
Direct
Expenses SubtotalCostHours
Subconsultants
TOTAL
Additional Design
Services
Subtotal
T&M Lump Sum Other
T&M Lump Sum Other
\\dowl.com\j\Projects\63\12580-01\10PM\Contract\Amend_2_Bidding_CA\Riverside_Fee_Estimate_Bidding_Des_Amend.xlsx Summary459
Labor
KRJ Mettler Legoy Genay/Munoz ABC Biegler ABC
$ 205/hour $ 250/hour $ 205/hour $ 140/hour $ 1/hour $ 115/hour $ 1/hour
1 ---$
2 ---$
3 Permit Fees - Design Phase --$
4 SID Creation Assistance, Meetings, Public Meeting & Prep 20 20 4,100.00$
5 MDT Additional Coordination, Permit Iterations 16 20 36 6,080.00$
6 Additional Permitting Efforts (Floodplain, LUP), 4 16 20 3,060.00$
7 Electrical (I&C Additions, telemetry, coord.)16 20 20 56 10,180.00$
8 RCC Temporary Easement Iterations 4 8 12 1,940.00$
9 ---$
10 ---$
11 ---$
60 - 20 64 - - - 144 25,360.00$
60 - 20 64 - - - 144
12,300.00$ -$ 4,100.00$ 8,960.00$ -$ -$ -$ 25,360.00$ LABOR COST TOTAL
LABOR HOUR TOTAL
Engineer IX
(struct)
Subtotal
CostHours
Labor Subtotal
Engineer VI
(PM/EOR)Task
Admin. AssistantTechnician IIEngineer IV
(elec)Engineer II Engineer III
Prepared By:
K. Johnson
Reviewed By:
P. Yakawich
Bozeman Riverside Lift Station and Force Main
Client: City of Bozeman
Project or Contract #: 12580.01 - Design
1/21/2025
Phase Name
Additional
Design
Services
\\dowl.com\j\Projects\63\12580-01\10PM\Contract\Amend_2_Bidding_CA\Riverside_Fee_Estimate_Bidding_Des_Amend.xlsx Labor460
Bozeman Riverside Lift Station and Force Main
Client: City of Bozeman
Project or Contract #: 12580.01 - Design
Expenses 1/21/2025
Total Total Autos Total
$1/day Cost $35/night Cost $ 1.00 Cost *Other Expenses Description
1 --$ -$ -$ -$ -$ 0% -$
2 --$ -$ -$ -$ -$ 0% -$
3 Permit Fees - Design Phase -$ -$ -$ -$ 2,000.00$ 2,000.00$ 0% 2,000.00$
4 SID Creation Assistance, Meetings, Public Meeting &
Prep -$ -$ -$ -$ -$ 0% -$
5 MDT Additional Coordination, Permit Iterations -$ -$ -$ -$ -$ 0% -$
6 Additional Permitting Efforts (Floodplain, LUP), -$ -$ -$ -$ -$ 0% -$
7 Electrical (I&C Additions, telemetry, coord.)-$ -$ -$ -$ -$ 0% -$
8 RCC Temporary Easement Iterations -$ -$ -$ -$ -$ 0% -$
9 --$ -$ -$ -$ -$ 0% -$
10 --$ -$ -$ -$ -$ 0% -$
11 --$ -$ -$ -$ -$ 0% -$
12 --$ -$ -$ -$ -$ 0% -$
- -$ - -$ - -$ -$ -$ 2,000.00$ 2,000.00$ 2,000.00$
- -$ - -$ - -$ -$ -$ 2,000.00$ 2,000.00$ 2,000.00$
Per Diem(State)
Travel, Mileage, & Misc. Subtotal
Lodging(State)
Direct
Expenses
SubtotalCost
Vehicle Miles
Supplies *Other
Expenses
Travel, Mileage,
& Misc. Subtotal
EXPENSES TOTAL
Phase Name
Additional
Design
Services
Subtotal
Task
Prepared By:
Total w/
Mark Up% Mark Up
P. Yakawich
Reviewed By:
K. Johnson
\\dowl.com\j\Projects\63\12580-01\10PM\Contract\Amend_2_Bidding_CA\Riverside_Fee_Estimate_Bidding_Des_Amend.xlsx Expenses461
Prepared By:
K. Johnson
Reviewed By:Summary P. Yakawich
1 Quality Control --$ -$ -$ -$
2 --$ -$ -$ -$
3 Assemble Final Bid Docs for Posting 16 2,723.52$ -$ -$ 2,723.52$
4 Advertisement for Bids (Q&A) 16 4,517.52$ -$ -$ 4,517.52$
5 Addenda 16 2,723.52$ -$ -$ 2,723.52$
6 Bid Opening, Rvw Bids 2 340.44$ -$ -$ 340.44$
7 Recommendation for Award 4 680.88$ -$ -$ 680.88$
8 Rvw Bonds, Insurance, Assemble Contracts 16 2,723.52$ -$ -$ 2,723.52$
9 Subconsultants --$ -$ 3,498.00$ 3,498.00$
10 --$ -$ -$ -$
11 --$ -$ -$ -$
17 --$ -$ -$ -$
18 --$ -$ -$ -$
19 --$ -$ -$ -$
20 --$ -$ -$ -$
70 13,709.40$ -$ 3,498.00$ 17,207.40$
1 Quality Control --$ -$ -$ -$
2 Preconstruction Meeting 6 1,129.38$ -$ -$ 1,129.38$
3 Submittals 158 27,384.94$ -$ -$ 27,384.94$
4 General Construction Admin 260 57,058.60$ 500.00$ -$ 57,558.60$
5 Gen. CA - Subs --$ -$ 10,318.00$ 10,318.00$
6 RFI's 26 5,631.32$ -$ -$ 5,631.32$
7 Field Orders 26 5,631.32$ -$ -$ 5,631.32$
8 Work Directives, Change Orders 34 7,425.32$ -$ -$ 7,425.32$
9 Constr. Progress Meetings 46 10,232.00$ -$ -$ 10,232.00$
10 Progress Payments 20 4,485.00$ -$ -$ 4,485.00$
11 Substantial Completion, Punchlists, Final Walkthrough 20 4,485.00$ -$ -$ 4,485.00$
12 Closeout, Certification, Record Drawings 64 10,763.30$ -$ -$ 10,763.30$
13 Warranty Period 12 2,691.00$ -$ -$ 2,691.00$
14 One-Year & Two Year Warranty Inspection and SRF Cert 20 3,620.52$ -$ -$ 3,620.52$
15 Operations and Maintenance Manual 32 6,311.52$ -$ -$ 6,311.52$
16 --$ -$ -$ -$
17 --$ -$ -$ -$
18 --$ -$ -$ -$
19 --$ -$ -$ -$
20 --$ -$ -$ -$
724 146,849.22$ 500.00$ 10,318.00$ 157,667.22$
1 Quality Control --$ -$ -$ -$
Project: Bozeman Riverside Lift Station and Force Main
Client: City of Bozeman
Project or Contract #: 12580.01 - Bidding/CA
1/23/2025
Labor SubtotalTaskPhase Name
Phase 04: Bid
Phase Services
Phase 05:
Construction
Administration
Engineer IIDirect
Expenses SubtotalCostHours
Subtotal
Subtotal
Subconsultants
T&M Lump Sum Other ______________________
T&M Lump Sum Other _________________________
\\dowl.com\j\Projects\63\12580-01\10PM\Contract\Amend_2_Bidding_CA\Riverside_Fee_Estimate_Bidding_CA_V3.xlsx Summary462
Prepared By:
K. Johnson
Reviewed By:Summary P. Yakawich
Project: Bozeman Riverside Lift Station and Force Main
Client: City of Bozeman
Project or Contract #: 12580.01 - Bidding/CA
1/23/2025
Labor SubtotalTaskPhase Name Engineer IIDirect
Expenses SubtotalCostHours
Subconsultants
2 --$ -$ -$ -$
3 On Site Inspection - RPR 1100 127,809.00$ 2,500.00$ -$ 130,309.00$
4 Arborist - Tree Salvage Consult --$ -$ 1,650.00$ 1,650.00$
5 --$ -$ -$ -$
6 --$ -$ -$ -$
1100 127,809.00$ 2,500.00$ 1,650.00$ 131,959.00$
1902 288,367.62$ 3,000.00$ 15,466.00$ 306,833.62$
Phase 06:
Construction
Inspection
Subtotal
TOTAL
T&M Lump Sum Other ________________________
\\dowl.com\j\Projects\63\12580-01\10PM\Contract\Amend_2_Bidding_CA\Riverside_Fee_Estimate_Bidding_CA_V3.xlsx Summary463
Labor
KRJ Mettler Legoy Genay Munoz Biegler ABC
$ 224/hour $ 240/hour $ 195/hour $ 116/hour $ 110/hour $ 94/hour $ 1/hour
1 Quality Control --$
2 ---$
3 Assemble Final Bid Docs for Posting 8 8 16 2,723.52$
4 Advertisement for Bids (Q&A)16 8 24 4,517.52$
5 Addenda 8 8 16 2,723.52$
6 Bid Opening, Rvw Bids 1 1 2 340.44$
7 Recommendation for Award 2 2 4 680.88$
8 Rvw Bonds, Insurance, Assemble Contracts 8 8 16 2,723.52$
9 Subconsultants --$
10 ---$
11 ---$
12 ---$
43 - - 35 - - - 78 13,709.40$
1 Quality Control --$
2 Preconstruction Meeting 4 2 6 1,129.38$
3 Submittals 30 16 48 64 158 27,384.94$
4 General Construction Admin 192 16 52 260 57,058.60$
5 Gen. CA - Subs --$
6 RFI's 16 2 8 26 5,631.32$
7 Field Orders 16 2 8 26 5,631.32$
8 Work Directives, Change Orders 24 2 8 34 7,425.32$
9 Constr. Progress Meetings 40 2 4 46 10,232.00$
10 Progress Payments 20 20 4,485.00$
11 Substantial Completion, Punchlists, Final Walkthrough 20 20 4,485.00$
12 Closeout, Certification, Record Drawings 32 2 2 4 24 64 10,763.30$
13 Warranty Period 12 12 2,691.00$
14 One-Year & Two Year Warranty Inspection and SRF Cert 12 8 20 3,620.52$
15 Operations and Maintenance Manual 24 8 32 6,311.52$
16 ---$
17 ---$
18 ---$
19 ---$
20 ---$
442 42 130 86 - 24 - 724 146,849.22$
Subtotal
Engineer IX
(struct)
CostHours
Labor Subtotal
Engineer VI
(PM/EOR)
Subtotal
Task
Admin. AssistantTechnician IIEngineer IV
(elec)Engineer II Engineer II
Prepared By:
K. Johnson
Reviewed By:
P. Yakawich
Bozeman Riverside Lift Station and Force Main
Client: City of Bozeman
Project or Contract #: 12580.01 - Bidding/CA
1/23/2025
Phase Name
Phase 04: Bid
Phase Services
Phase 05:
Construction
Administration
\\dowl.com\j\Projects\63\12580-01\10PM\Contract\Amend_2_Bidding_CA\Riverside_Fee_Estimate_Bidding_CA_V3.xlsx Labor464
Labor
KRJ Mettler Legoy Genay Munoz Biegler ABC
$ 224/hour $ 240/hour $ 195/hour $ 116/hour $ 110/hour $ 94/hour $ 1/hour
Engineer IX
(struct)
CostHours
Labor Subtotal
Engineer VI
(PM/EOR)Task
Admin. AssistantTechnician IIEngineer IV
(elec)Engineer II Engineer II
Prepared By:
K. Johnson
Reviewed By:
P. Yakawich
Bozeman Riverside Lift Station and Force Main
Client: City of Bozeman
Project or Contract #: 12580.01 - Bidding/CA
1/23/2025
Phase Name
1 Quality Control --$
2 ---$
3 On Site Inspection - RPR 1100 1100 127,809.00$
4 Arborist - Tree Salvage Consult --$
5 ---$
6 ---$
7 ---$
- - - 1100 - - - 1100 127,809.00$
485 42 130 1221 - 24 - 1902
108,761.25$ 10,094.28$ 25,392.90$ 141,867.99$ -$ 2,251.20$ -$ 288,367.62$ LABOR COST TOTAL
LABOR HOUR TOTAL
Subtotal
Phase 06:
Construction
Inspection
\\dowl.com\j\Projects\63\12580-01\10PM\Contract\Amend_2_Bidding_CA\Riverside_Fee_Estimate_Bidding_CA_V3.xlsx Labor465
Bozeman Riverside Lift Station and Force Main
Client: City of Bozeman
Project or Contract #: 12580.01 - Bidding/CAExpenses1/23/2025
Total Total Autos Total
$224/day Cost $35/night Cost $ 1.00 Cost *Other Expenses Description
1 Quality Control -$ -$ -$ -$ -$ 0% -$
2 --$ -$ -$ -$ -$ 0% -$
3 Assemble Final Bid Docs for Posting -$ -$ -$ -$ -$ 0% -$
4 Advertisement for Bids (Q&A)-$ -$ -$ -$ -$ 0% -$
5 Addenda -$ -$ -$ -$ -$ 0% -$
6 Bid Opening, Rvw Bids -$ -$ -$ -$ -$ 0% -$
7 Recommendation for Award -$ -$ -$ -$ -$ 0% -$
8 Rvw Bonds, Insurance, Assemble Contracts -$ -$ -$ -$ -$ 0% -$
9 Subconsultants -$ -$ -$ -$ -$ 0% -$
10 --$ -$ -$ -$ -$ 0% -$
11 --$ -$ -$ -$ -$ 0% -$
12 --$ -$ -$ -$ -$ 0% -$
13 --$ -$ -$ -$ -$ 0% -$
- -$ - -$ - -$ -$ -$ -$ -$ -$
1 Quality Control -$ -$ -$ -$ -$ 0% -$
2 Preconstruction Meeting -$ -$ -$ -$ -$ 0% -$
3 Submittals -$ -$ -$ -$ -$ 0% -$
4 General Construction Admin -$ -$ 500 500.00$ 500.00$ 500.00$ 0% 500.00$
5 Gen. CA - Subs -$ -$ -$ -$ -$ 0% -$
6 RFI's -$ -$ -$ -$ -$ 0% -$
7 Field Orders -$ -$ -$ -$ -$ 0% -$
8 Work Directives, Change Orders -$ -$ -$ -$ -$ 0% -$
9 Constr. Progress Meetings -$ -$ -$ -$ -$ 0% -$
10 Progress Payments -$ -$ -$ -$ -$ 0% -$
11 Substantial Completion, Punchlists, Final Walkthrough -$ -$ -$ -$ -$ 0% -$
12 Closeout, Certification, Record Drawings -$ -$ -$ -$ -$ 0% -$
13 Warranty Period -$ -$ -$ -$ -$ 0% -$
14 One-Year & Two Year Warranty Inspection and SRF Cert -$ -$ -$ -$ -$ 0% -$
15 Operations and Maintenance Manual -$ -$ -$ -$ -$ 0% -$
16 --$ -$ -$ -$ -$ 0% -$
17 --$ -$ -$ -$ -$ 0% -$
18 --$ -$ -$ -$ -$ 0% -$
19 --$ -$ -$ -$ -$ 0% -$
20 --$ -$ -$ -$ -$ 0% -$
- -$ - -$ 500 500.00$ 500.00$ -$ -$ 500.00$ 500.00$
1 Quality Control -$ -$ -$ -$ -$ 0% -$
2 --$ -$ -$ -$ -$ 0% -$
3 On Site Inspection - RPR -$ -$ 2500 2,500.00$ 2,500.00$ 2,500.00$ 0% 2,500.00$
4 Arborist - Tree Salvage Consult -$ -$ -$ -$ -$ 0% -$
5 --$ -$ -$ -$ -$ 0% -$
6 --$ -$ -$ -$ -$ 0% -$
7 --$ -$ -$ -$ -$ 0% -$
- -$ - -$ 2500 2,500.00$ 2,500.00$ -$ -$ 2,500.00$ 2,500.00$
- -$ - -$ 3000 3,000.00$ 3,000.00$ -$ -$ 3,000.00$ 3,000.00$
Per Diem
(State)
Travel, Mileage, & Misc. Subtotal
Lodging
(State)
Direct
Expenses
SubtotalCost
Vehicle Miles
Supplies *Other
Expenses
Travel, Mileage,
& Misc. Subtotal
EXPENSES TOTAL
Phase Name
Phase 04: Bid
Phase Services
Phase 05:
Construction
Administration
Phase 06:
Construction
Inspection
Subtotal
Subtotal
Task
Subtotal
Prepared By:
Total w/
Mark Up% Mark Up
P. Yakawich
Reviewed By:
K. Johnson
\\dowl.com\j\Projects\63\12580-01\10PM\Contract\Amend_2_Bidding_CA\Riverside_Fee_Estimate_Bidding_CA_V3.xlsx Expenses466
Project:Bozeman Riverside Lift Station and Force Main Prepared By:
Client:City of Bozeman K. Johnson
Project or Contract #:12580.01 - Bidding/CA Reviewed By:Subconsultants 1/23/2025 P. Yakawich
*See attachment for subconsultants full cost breakout
1 Quality Control -$ -$ -$ -$ -$
2 --$ -$ -$ -$ -$
3 Assemble Final Bid Docs for Posting -$ -$ -$ -$ -$
4 Advertisement for Bids (Q&A)-$ -$ -$ -$ -$
5 Addenda -$ -$ -$ -$ -$
6 Bid Opening, Rvw Bids -$ -$ -$ -$ -$
7 Recommendation for Award -$ -$ -$ -$ -$
8 Rvw Bonds, Insurance, Assemble Contracts -$ -$ -$ -$ -$
9 Subconsultants 1,500.00$ 10% 1,650.00$ 1,680.00$ 10% 1,848.00$ -$ -$ 3,498.00$
10 --$ -$ -$ -$ -$
1,500.00$ 1,650.00$ 1,680.00$ 1,848.00$ -$ -$ -$ -$ 3,498.00$
1 Quality Control -$ -$ -$ -$ -$
2 Preconstruction Meeting -$ -$ -$ -$ -$
3 Submittals -$ -$ -$ -$ -$
4 General Construction Admin -$ -$ -$ -$ -$
5 Gen. CA - Subs 3,500.00$ 10% 3,850.00$ 5,880.00$ 10% 6,468.00$ -$ -$ 10,318.00$
6 RFI's -$ -$ -$ -$ -$
7 Field Orders -$ -$ -$ -$ -$
8 Work Directives, Change Orders -$ -$ -$ -$ -$
9 Constr. Progress Meetings -$ -$ -$ -$ -$
10 Progress Payments -$ -$ -$ -$ -$
11 Substantial Completion, Punchlists, Final Walkthrough -$ -$ -$ -$ -$
12 Closeout, Certification, Record Drawings -$ -$ -$ -$ -$
13 Warranty Period -$ -$ -$ -$ -$
14 One-Year & Two Year Warranty Inspection and SRF Cert -$ -$ -$ -$ -$
15 Operations and Maintenance Manual -$ -$ -$ -$ -$
16 --$ -$ -$ -$ -$
17 --$ -$ -$ -$ -$
18 --$ -$ -$ -$ -$
19 --$ -$ -$ -$ -$
20 --$ -$ -$ -$ -$
3,500.00$ 3,850.00$ 5,880.00$ 6,468.00$ -$ -$ -$ -$ 10,318.00$
1 Quality Control -$ -$ -$ -$ -$
2 --$ -$ -$ -$ -$
3 On Site Inspection - RPR -$ 0%-$ -$ -$ -$
4 Arborist - Tree Salvage Consult -$ -$ $ 1,500.00 10%1,650.00$ -$ 1,650.00$
5 --$ -$ -$ -$ -$
6 --$ -$ -$ -$ -$
7 --$ -$ -$ -$ -$
8 --$ -$ -$ -$ -$
-$ -$ -$ -$ 1,500.00$ 1,650.00$ -$ -$ 1,650.00$
5,000.00$ 5,500.00$ 7,560.00$ 8,316.00$ 1,500.00$ 1,650.00$ -$ -$ 15,466.00$
Phase Name
Phase 04: Bid
Phase Services
Phase 05:
Construction
Administration
Phase 06:
Construction
Inspection
Total
w/Markup Cost*
Task
Cost* Cost*% Mark Up Total
w/Markup Cost*% Mark Up Total
w/Markup
ACE (Elec/Bldg Mech) Dowling Architects Arborist Subconsultant Name Subconsultants
Subtotal% Mark Up % Mark Up Total
w/Markup
SUBCONSULTANTS TOTAL
Subtotal
Subtotal
Subtotal
\\dowl.com\j\Projects\63\12580-01\10PM\Contract\Amend_2_Bidding_CA\Riverside_Fee_Estimate_Bidding_CA_V3.xlsx Subconsultants467
Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Nicholas Ross, Director of Transportation and Engineering
SUBJECT:Authorize the City Manager to Sign Amendment 3 to Task Order 2023TETC-
003 with Sanbell to Provide Bidding Assistance and Construction
Administration Services for the South Willson Avenue and Garfield Street
Rectangular Rapid Flashing Beacon
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign Amendment 3 to Task Order 2023TETC-
003 with Sanbell to Provide Bidding Assistance and Construction
Administration Services for the South Willson Avenue and Garfield Street
Rectangular Rapid Flashing Beacon.
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:Sanderson Stewart was selected through a competitive process for the
Transportation Engineering Term Contract (TETC). Task Order 2023TETC-003
under that term contract is for on-call electrical services. Amendment 3 adds
final bidding and construction engineering services for the installation of a
Rectangular Rapid Flashing Beacon (RRFB) on S Willson Avenue at Garfield
Street. Amendment 1 provided for initial bidding and construction services
for the RRFB project. This project has been challenging and required some
redesign during the bidding process. Amendment 3 is to cover the
unanticipated costs. Staff has reviewed the amendment and costs are
appropriate for the level of effort required.
UNRESOLVED ISSUES:None identified.
ALTERNATIVES:Do not advance the project.
FISCAL EFFECTS:The work under Amendment 3 will be paid on a Time and Materials basis,
not to exceed $10,500.00. The funds for this amendment are currently
available in the approved FY25-26 Biennium Budget.
468
Attachments:
Amendment_3_to_Task_Order_TETC23-
003_On_Call_Electrical_Services_for signature.pdf
Report compiled on: January 24, 2025
469
470
Memorandum
REPORT TO:City Commission
FROM:Kellen Gamradt, Engineer II
SUBJECT:Authorize the City Manager to Sign Amendment 6 to the Professional
Services Agreement for the Field Survey Term Contract with Sanbell, to
Facilitate Design of Upcoming Capital Improvements Projects
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Approve and authorize the City Manager to Sign Amendment 6 to the
Professional Services Agreement for the Field Survey Term Contract with
Sanbell to Facilitate Design of Upcoming Capital Improvements Projects
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Attached is a copy of the contract amendment with Sanderson Stewart. This
amendment will add survey South Grand Avenue and South 3rd Avenue as
described in the attached scope of work and payment schedule. These
surveys will be used by the City’s Engineering Department for the design of
an upcoming sewer renovations project and will add work to our existing
survey contract. Staff has reviewed the amendment and found it to be
commensurate with the work involved.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission
FISCAL EFFECTS:If approved, this amendment will increase the fee on a fixed fee basis with a
total cost of $25,435.00 from $194,266.00 to 219,701.00. Funding has been
appropriated in the FY25 Budget as project WW07 for $33,000 and paid for
from the City’s Wastewater Fund
Attachments:
Professional Services Agreement Amendment 6 with Sanbell
for Survey.pdf
Report compiled on: January 17, 2025
471
Third Amendment to Professional Services Agreement for Field Survey Term Contract
Page 1 of 2
SIXTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS SIXTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
Field Survey Term Contract dated July 12, 2022 (the “Agreement”) is made and entered into
this _____ day of ____________, 2025, by and between the CITY OF BOZEMAN, MONTANA,
a self-governing municipal corporation organized and existing under its Charter and the laws of
the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO
Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and Sanbell, 106 E Babcock
Street, Suite L1, Bozeman, MT 59718 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. Addition to Scope of Work. Attached Amendment 6
1. Addition to Payment. Attached Rate Schedule
2. Agreement still valid. All remaining terms and provisions of the original Agreement
remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
472
Third Amendment to Professional Services Agreement for Field Survey Term Contract
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 SANBELL
By________________________________ By_____________________________
Chuck Winn, City Manager Print Name: Danielle Scharf
Title: Principal/Region Manager
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
473
474
475
476
Memorandum
REPORT TO:City Commission
FROM:Takami Clark, Communications & Engagement Manager
SUBJECT:Unified Development Code (UDC) Update Supplemental Engagement Phase
1 Report
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Plan/Report/Study
RECOMMENDATION:Review report, provide guidance on next phase
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:The Unified Development Code (UDC) sets regulations around what kinds of
development can occur in which areas. For the 2022-2023 Commission 2-
year priority cycle, Bozeman City Commission named the UDC update as a
key priority of the City. Thus began the UDC Update process, a project that
kicked off in summer 2022 with the goals of:
Implementing the vision and goals of other guiding City documents,
such as the 2020 Community Plan, Climate Plan, and the Community
Housing Action Plan.
Making the Code more user-friendly.
Updating the Code per changes in state law.
A variety of in-person and virtual engagement opportunities were held
throughout 2022 and 2023, and in the summer of 2023, following feedback
from the public and Commission, a draft code was released. Many residents
expressed concerns about the draft, with some wanting more time to review
and give feedback. In October 2023, Commission paused the process with
the desire to pick back up in 2024. In September 2024, Commission began
the restart of the project with a work session on how the project will
resume, including what engagement might look like. On October 1,
Commission approved the supplemental engagement plan.
Since then, staff have executed the plan through the following methods:
Launched an online survey that ran from Nov. 22 through Jan. 8 and
garnered 229 responses.
Hosted an online webinar on 12/9 that had 76 attendees.
Hosted five open houses, one in each quadrant (NW, SW, SE, NE) of
the City and one at MSU, which had at least 238 attendees total across
477
all events (some attendees were not captured at sign-in).
Hosted 7 meetings with groups including Local Food Systems partners,
Better Bozeman Coalition, University Neighborhood Association, Jandt
Neighborhood Association, Midtown Neighborhood Association,
Cooper Park Neighborhood Association, and Northeast Neighborhood
Association.
Used a variety of methods to communicate engagement opportunities
including emails to key partners; Engage Bozeman newsletters and
web updates; Bozeman.net banner, e-notifications and calendar
updates; a message in the utility bill; a paid mailer to all who reside in
the city; a press release to media outlets; a paid Facebook/Instagram
social media ad; social media posts on Facebook, Instagram, Twitter,
Nextdoor; and a paid ad in the Bozeman Daily Chronicle.
This presentation will review these activities and remind residents about
what to anticipate as we enter phase 2 of the supplemental engagement,
provide an overview of what we heard during these events, and show how
those comments are being used to inform the key topics that will be covered
in the upcoming engagement. During this item, Commissioners will be asked
to review this material, ask questions, and provide guidance on future
engagement activities and topics to ensure staff remain on course with
expectations.
UNRESOLVED ISSUES:None.
ALTERNATIVES:Commission may choose to add certain topics to be discussed in phase 2 of
the supplemental engagement plan.
FISCAL EFFECTS:None.
Report compiled on: January 24, 2025
478
Memorandum
REPORT TO:City Commission
FROM:Greg Sullivan, City Attorney
Jennifer A. Giuttari, Assistant City Attorney
SUBJECT:Ordinance 2025- #### Amending Ethics Opinions and Complaint Procedures
MEETING DATE:February 4, 2025
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:Consider the Motion: Having reviewed and considered the Ordinance
Amending Ethics Opinions and Complaint Procedures, I hereby move to to
adopt the ordinance.
STRATEGIC PLAN:7.1 Values-Driven Culture: Promote a values-driven organizational culture
that reinforces ethical behavior, exercises transparency and maintains the
community's trust.
BACKGROUND:In June 2024, the Board of Ethics established a work plan. One of the board's
work plan items includes recommending to the City Commission an
ordinance on procedural changes for ethics complaints and opinions. Upon
the board establishing its work plan, the City Attorney's Office began
reviewing the Code of Ethics to determine what procedural changes related
to the filing and processing of a complaint, if any, it would recommend to
the Board at its September 2024 work session.
In September 2024, the Board of Ethics held a work session to examine the
Bozeman Code of Ethics and provide the City Attorney's Office with direction
about substantive changes to the Code. During the work session, the board
considered recommendations from the City Attorney’s Office on three
sections in the Code. In response to the board's September 2024 work
session, the City Attorney's Office drafted amendments to these three
sections, as requested during the work session.
At the December 9, 2024 meeting, the City Attorney's Office presented a
draft ordinance detailing the amendments to the three code sections
discussed during the September 2024 work session. In addition, the City
Attorney's Office presented amendments to four other code sections not
previously considered by the board. At the end of the December 2024
meeting, the Board of Ethics unanimously voted to recommend the City
Commission to approve the proposed ordinance, which is attached as Exhibit
A.
479
The following key changes were made in response to the board’s work
sessions:
2.03.610 – Who can request board action: This section is repealed and
reserved because the portion that applies to ethics complaints is now
incorporated in revised 2.03.640. As discussed during the September
work session, the requirement that the board issue ethics opinions is
removed because with these revisions, the board’s duties are now
more focused on overseeing the hearing procedures. Additionally, in
practice, under 2.03.610 as written, if the board receives a request of
an ethics opinion, it would request a written analysis from their legal
advisor, which, unless there is a conflict, would be the city attorney.
2.03.630 – City attorney ethics opinions: This section now includes the
ability of the public to request an ethics opinion from the city attorney
on a potential conflict of interest. Additionally, how requests for
opinions from public officials and employees are made, as well as the
ability for a person to use an ethics opinion as a defense to an ethics
complaint, has been clarified. There is also a new requirement that the
city attorney provide the board a summary of significant ethics
opinions issued.
2.03.640 – Procedures for complaints (revised to include Sec.
2.03.610): This section was redrafted to provide clarity about who can
file a complaint, how a complaint is filed, what needs to be contained
in the complaint, and the timeline for a respondent to answer and the
city attorney to provide a preliminary written analysis to the board.
The actions the board can take after an ethics complaint is filed has
also been clarified. The flowchart, attached as Exhibit B, provides a
more detailed explanation of this process.
Additionally, the City Attorney's Office proposed four additional Code
sections that it recommended to be revised. These four sections are:
2.03.580 – Board of ethics: Amendments are recommended for clarity.
Specifically, how interim appointments occur and who the city
attorney represents when there is a conflict acting as a legal advisor
for the board has been clarified.
2.03.600 – Duties and powers of the board: Organizational changes
and amendments for clarity are recommended. The City Commission’s
480
oversight of the board’s power to adopt procedural rules has been
clarified. This section was also reorganized and now includes the
board’s ability to investigate ethics complaints and to appoint a
hearing officer. Both duties were previously included in 2.03.640.
2.03.620 – Limitations on board’s power: The board’s limitations has
been clarified by including a non-exhaustive list of areas that the board
does not have authority over such as budgetary, personnel, and
legislative matters.
2.03.670 – Confidentiality of board information: The requirement
pertaining to confidential advisory ethics opinions has been removed
since with these revisions the board will no longer be issuing ethics
opinions.
UNRESOLVED ISSUES:Possible unresolved issue: 2.03.580, BMC establishes 2 year terms for board
members. Changing the term limit is outside of the scope of this review, but
should the Commission want to establish longer term limits for Board of
Ethics members, nothing in state law appears to prevent it from doing so.
ALTERNATIVES:As directed by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Ex. A. Ethics Code Revisions Ord.pdf
Ex. B Board of Ethics Complaint Process flowchart.pdf
Report compiled on: January 24, 2025
481
Version February 2023
Ord XXXX
Page 1 of 10
ORDINANCE
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA REVISING BOZEMAN MUNICIPAL CODE OF ETHICS SECTIONS
2.03.580, 2.03.600 THROUGH 640, AND 2.03.670 RELATED TO PROCEDURES FOR
ETHICS COMPLAINTS AND OPINIONS.
WHEREAS, Section 4.07 of the Bozeman Charter permits the City Commission to
create boards, commissions, or committees as determined necessary or if required by statute; and
WHEREAS, MCA 2-2-144(5)(a) permits a local government to establish a three-
member panel to review ethics complaints; and
WHEREAS, 2.03.580, BMC, creates the City’s three-member board of ethics; and
WHEREAS, the Bozeman Code of Ethics contains provisions that provide ethical
standards for city employees and officials and also provides for a procedure for the filing of an
ethics complaint; and
WHEREAS, in addition to establishing the ethics complaint procedure, the Bozeman
Code of Ethics also includes provisions governing the board’s creation, its duties and powers,
limitations, requests for city attorney ethics opinions, who may file a complaint, and confidentiality
requirements; and
WHEREAS, revising the Code of Ethics will improve the ethics complaint process and
ensure the ethics complaint review process is fair and impartial;
WHEREAS, in June 2024, the board of ethics established a work plan with five goals
which included recommending the City Commission adopt an ordinance amending the Code of
Ethics; and
WHEREAS, in alignment with its work plan, in September 2024, the board of ethics
held a work session to consider what changes to the Code of Ethics are needed; and
482
Ordinance (Revising the Bozeman Code of Ethics)
Page 2 of 10
WHEREAS, during its December 9, 2024 meeting, staff presented a draft of this
ordinance amending the Code of Ethics which reflected the direction it received during the board’s
September 2024 work session; and
WHEREAS, during its December 9, 2024 meeting, the board of ethics voted to
recommend the City Commission adopt the this ordinance.; and
WHEREAS, the City Commission determines this ordinance to be in the public interest.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Section 2.03.580, Bozeman Municipal Code, will be amended as follows:
Sec. 2.03.580. Board of ethics.
A. There is created a board of ethics consisting of three members who shall serve without
compensation unless the city commission provides otherwise. Members of the board of ethics
shall not be elected officials, of the city, full-time appointed city officials whether exempt or
nonexempt, or city employees, nor shall they be currently serving on any other city board or
commission.
B. Members of the board shall be residents of the city.
C. Board members shall be appointed by the city commission. An appointment to fill a
vacancy or an interim appointment to resolve a conflict of interest shall be made by the city
commission appointing authority who appointed the member who formerly held the position
which is vacant.
D. The board shall select its own presiding officer from among its members.
E. Board members shall serve staggered terms of two years. A member shall hold office
until a member's successor is appointed. At initial appointment of the members of the board, one
of the initial members shall be appointed for a term of three years and thereafter for a term of one
year.
F. The city commission shall provide such staff support for the board as the city commission
determines to be necessary for the board to fulfill its duties. The city attorney is designated to be
the legal advisor for the board, except that the city attorney is not authorized to represent the
board in any legal action if doing so would create a conflict which would prevent the city
attorney from also representing the city or a duly authorized constituent of the city such as the
mayor, the city manager, or the city commission. The city clerk shall serve as recording secretary
to the board and shall provide such administrative services to the board as may be necessary.
Neither the city attorney nor the city clerk shall be eligible for appointment as board members.
Section 2
That Section 2.03.600, Bozeman Municipal Code, will be amended as follows:
483
Ordinance (Revising the Bozeman Code of Ethics)
Page 3 of 10
Sec. 2.03.600. Duties and powers of the board.
A. The board shall, in addition to its other duties:
1. Adopt written rules governing its procedures, including procedures for the hearing of
complaints, and providing for the holding of regular and special meetings. A majority
of the city commission may request review of the boards rules and may amend or repeal
such rules. , which rules shall be subject to the approval of the city commission; a A
copy of the rules shall be filed with the city clerk; and
2. Administer oaths, including requiring witnesses to testify under oath during
investigations or hearings;
3. Conduct hearings as needed to hear and decide specific cases in which a violation of this
division or a violation of title 2, chapter 2, part 1, of Montana Code Annotated (MCA
2-2-101 et seq.) is alleged, whether such cases arise from a complaint or are brought on
the board's own motion; and
4. No later than December of each year, submit an annual report to the city commission
concerning its action in the preceding year; the report shall contain:
a. A summary of its decisions and opinions, both open and confidential; the board
shall make any alterations in the summaries necessary to prevent disclosure of any
confidential information pertaining to any individual or to any organization if the
disclosure could lead to the disclosure of the identity of a person who is entitled to
confidentiality; and
b. Recommend any legislative or administrative actions regarding the city's policies
and practices which the board believes would or could enhance the ethical environment
in which public servants work; and
5. Establish a process for systematically and regularly evaluating all significant aspects of
the administration and implementation of this division, which shall include an annual a
regular review of the full scope of operations of the board and its procedures, and which
shall ensure that the both the public and all public servants are provided a reasonable
opportunity, and are encouraged to participate in the process; and
6. Prescribe and make available forms for use under this division; and
7. When it deems it appropriate, request the city attorney for assistance in compelling the
production of documents and witnesses to assist the board in the conduct of any
investigation;
8. When circumstances make it necessary to do so, retain outside legal counsel and other
experts as needed after solicitation of recommendations from the city attorney (unless
the need to retain outside counsel is caused by a conflict involving the city attorney's
office), and upon approval by the city commission of a contract for services approved
as to form by the city attorney; and
9.7. Serve as legal custodian of the board's records, and accept, file, maintain and administer,
in accordance with all applicable laws, any information related to the purposes of this
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division; and
10.8 Make financial disclosure statements filed with the board city clerk available for public
inspection and copying facilities available at a charge which is the minimum amount permitted
under applicable law. All open opinions decisions of the board shall be filed with the city clerk
and are open to public inspection. To the extent permitted by law, confidential opinions
decisions and any records obtained or filed in connection with requests for confidential
opinions decisions, whether the records are written, tape recorded, videotaped, or otherwise
recorded shall be kept confidential; and confidential advisory opinions rendered shall be closed
in whole to public inspection. Confidential opinions and summaries of them or open references
to them shall be drafted in such a way as not to reveal confidential information;
11.9. Compile and maintain an index to all financial disclosure statements currently on file with
the board city clerk to facilitate public access to such statements; and
12.10. Develop a plan for implementation of a program to educate public servants who are
subject to this division and the public about their rights, duties and responsibilities hereunder;
and
13.11. Within one year from the date of the first meeting of the board When the board
determines it deemed necessary, submit to the city commission for its approval and
promulgation, an ethics handbook for the use of all public servants and the public; the human
resources department shall document that each city officer and employee receives a copy of
the handbook and acknowledges receipt of the handbook in writing; and
14.12. In coordination with the city attorney, city manager, and other appropriate city
personnel, arrange for the conduct of annual training and education, which shall serve as an
orientation for new board members and an opportunity for experienced members to explore
specific issues in depth.
a. Attendance at this training shall be made a condition of service as a member of the
board, and, before taking office, board members shall commit themselves to attend it.
b. The city clerk shall forward to the commission annually a list of officials who fail
to take the training required under this section and the Charter. The commission may remove
an official for failing to take the required training.
B. The board may:
1. Conduct hearings as it determines necessary or appropriate
a. To ascertain public opinions and to gather information from the general public,
employees, or others regarding any aspect of the city's ethics policies or practices;
and
b. For any other purpose for which the board is authorized to conduct hearings; and
2. Respond, as it deems appropriate, to requests for confidential advisory opinions;
the board may decline to render an opinion in response to any request for an
advisory opinion;
Conduct investigations on ethics complaints filed in accordance with Sec. 2.03.640.
The board has discretion to decide upon the scope and method of the investigation;
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3. Render and publish formal opinions on any matter within the scope of the board's
authority which it may deem appropriate; the board may initiate opinions on its own
motion or upon request; any formal opinion shall be in writing; and
Appoint a hearing officer to conduct hearings on a complaint;
4. Prepare and publish special reports, technical studies, and recommendations to
further the purposes of this division.
Retain outside legal counsel and other experts as needed after soliciting
recommendations from the city attorney unless the need to retain outside counsel
is caused by a conflict involving the city attorney's office;
5. Request the city attorney for assistance in compelling the production of documents
and witnesses to assist the board in performing its duties;
6. Issue a subpoena for any necessary documents or to any witness it deems necessary
to attend an ethics hearing; and
7. Prepare and publish special reports, technical studies, and recommendations to
further the purposes of this division.
Section 3
That the entirety Section 2.03.610, Bozeman Municipal Code, is repealed and reserved.
Section 4
That Section 2.03.620, Bozeman Municipal Code, will be amended as follows:
Sec. 2.03.620. Limitations on board's power.
The board does not have the authority to reverse or otherwise modify a prior action, or to
proscribe a future action of the mayor, city commission, or an officer or employee of the city. This
includes budgetary, personnel, contractual, administrative, and legislative matters. If, after a
hearing, the board finds a prior action, or a future action of the mayor, the city commission, officer,
or employee to have violated or potentially be in violation of the code of ethics or state statutes
have been ethically improper, the board may advise the appropriate party that the action should be
reconsidered or avoided. Upon such advice by the board, the action shall be reconsidered by the
appropriate person or public body. If the board determines an existing city contract to be ethically
improper, after such determination and advice from the board, the city may void or seek
termination of the contract if legally permissible. The board may refer a matter to the city attorney
for review and consideration for appropriate action. Upon completion of review and consideration,
the city attorney's office shall report its findings to the board.
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Section 5
That Section 2.03.630, Bozeman Municipal Code, will be repealed in its entirety and replaced as
follows:
Sec. 2.03.630. City attorney opinions.
A. Requests from the public. Any member of the public may request the city attorney to
issue an ethics opinion about an employee or official’s potential conflict of interest under
2.03.520. All requests to the city attorney for ethics opinions must be made in writing and
contain all facts relevant to the request. The city attorney may issue an opinion in writing.
B. Requests from public officials and employees. Any public official or employee may
request the city attorney to issue an ethics opinion about the public official or employee’s
own conduct, or another public official or employee’s conduct. All requests to the city
attorney for ethics opinions must be made in writing and contain all facts relevant to the
request. The city attorney may issue an opinion in writing.
C. Any person who seeks an ethics opinion prior to taking an action or performing a duty
and subsequently relies upon such an opinion, and who acts in good faith in accordance
with the provisions and findings of such opinion, may present the ethics opinion as a
defense to a complaint filed under this division.
D. The city attorney must provide the board a summary of significant opinions at a board
meeting.
Section 6
That Section 2.03.640, Bozeman Municipal Code, will be repealed in its entirety and replaced as
follows:
Sec. 2.03.640. Procedures for hearing complaints.
A. Any person may file a written ethics complaint. All ethics complaints must be filed with
the city clerk within the statute of limitations established in 2.03.690.
B. An ethics complaint must:
1. Name the individual whom the complaint is being filed against (“respondent”);
2. Identify which provisions of this division and/or provisions of title 2, chapter 2, part 1
of Montana Code Annotated (MCA 2-2-101 et seq.) the individual is alleged to have
violated;
3. Include a statement of the facts supporting the alleged ethics violation, as well as any
supporting physical evidence. Physical evidence may include documents, still or
moving images, audio, or video; and
4. Include an unsworn declaration as to the facts and allegations contained in the
complaint, as set forth in MCA 1-6-105.
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C. Within five (5) working days of receiving the ethics complaint which complies with
2.03.640(A) and (B), the city clerk must acknowledge receipt of the ethics complaint to
the complainant and forward the complaint to the board, the city attorney, and the
respondent.
If the complaint fails to meet any of the requirements of 2.03.640(B), the city clerk must
reject the complaint.
D. Within twenty (20) working days of receiving the ethics complaint from the city clerk,
the respondent may file a written response with the city clerk. The response must contain
an unsworn declaration as to the contents of the response, as set forth in MCA 1-6-105.
Within five (5) working days of receiving the response, the city clerk must acknowledge
receipt of the response to the respondent and forward the response to the board, the city
attorney, and the complainant.
If the complaint fails to include an unsworn declaration, the city clerk must reject the
response. Within ten (10) working days of receiving notice of the rejection, the
respondent may re-file the response with the city clerk.
E. Within twenty (20) working days after receiving the response from the city clerk or the
period for the filing of the response has passed, the city attorney must provide the board,
complainant, and respondent with a preliminary written analysis of the complaint and
response.
F. Within twenty (20) working days of receiving the city attorney’s written analysis or at the
next regular meeting, whichever is sooner, the board must set a meeting for its review of the
ethics complaint, the response, and the city attorney’s analysis. The board may, at any time,
request additional information from the parties and set deadlines for the submission of the
additional information. At the close of its review, the board may:
1. Dismiss the complaint with or without prejudice;
2. Make a decision on the merits without a hearing. The board must notify the parties of
its decision at its next meeting and issue its written findings and conclusions within
twenty (20) working days; or
3. Determine a formal ethic hearing is necessary. The board has discretion to schedule
either an evidentiary hearing or oral argument, or both.
G. During any hearing which is conducted to determine whether a violation of this division
or a violation of title 2, chapter 2, part 1 of Montana Code Annotated (MCA 2-2-101 et
seq.) has occurred:
1. The respondent may be represented by counsel; and
2. The respondent or the respondent’s representative, if any, shall have an opportunity to:
a. Challenge the sufficiency of the complaint;
b. Examine all documents and records obtained or prepared by the board in
connection with the complaint;
c. Have witnesses testify under oath;
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d. Question or refute testimony or evidence, including the opportunity to confront
and cross examine adverse witnesses.
This subsection H must be read in conjunction with the board’s adopted rules for the
conduct of hearings.
H. As soon as possible after the close of an ethics hearing, the board must issue its written
findings and conclusions. The board’s findings and conclusions must be supported by facts
that are included in the official hearing record.
Section 7
That Section 2.03.670, Bozeman Municipal Code, will be amended as follows:
Sec. 2.03.670. Confidentiality of board information.
No member of the board nor any public servant who has access to any confidential
information related to the functions or activities of the board shall divulge that information to
any person who is not authorized to have it. The identity of a person who requests a confidential
advisory ethics opinion is confidential, as is information describing or pertaining to any
organization mentioned in the request for an opinion if the disclosure of the information could
lead to the disclosure of the identity of the person requesting the confidential advisory opinion.
Section 8
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 9
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 10
Severability.
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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 11
Codification.
This Ordinance shall be codified as indicated in Section 1 – 7.
Section 12
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 ________________, 20__.
____________________________________
Terry 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
____________________, 20__. The effective date of this ordinance is ______________, 20__.
_________________________________
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Terry Cunningham
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
491
PROPOSED Board of Ethics Complaint Process
Clerk processes complaint
Complaint Filed
Copies sent to Board, Respondent & City Attorney
Respondent files written response & Clerk sends copies to
Board, Complainant, & City Attorney
City Attorney provides written analysis for Board,
Complainant, and Respondent
492
Board meets for initial review of complaint
*Board Action:
Dismiss complaint with or without prejudice OR
Make a decision on the merits without a hearing OR
Determine a formal ethics hearing is necessary
*The board may request more info. from parties at any time
If the Board determines more
information is needed, after
receiving more information,
the board can make a final
decision OR schedule an
ethics hearing
If the Board determines an
ethics hearing is
necessary, the Board can
request more information
from the parties before
the ethics hearing
Board issues written findings and conclusions
493
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