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Home My WebLink About05-06-25 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. Approval of Minutes F.1 Approval of Regular Meeting Minutes: 03-25-25 City Commission Meeting Minutes 04-01-25 City Commission Meeting Minutes 04-08-25 City Commission Meeting Minutes 04-15-25 City Commission Meeting Minutes(Maas) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, May 6, 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: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 Consider the Motion: I move to approve the combined City Commission minutes as submitted. 1 G. Consent G.1 Accounts Payable Claims Review and Approval (Edwards) G.2 Authorize City Commission to Approve Grant Application to the Montana Disaster and Emergency Services for the FFY25 Homeland Security Grant Program for Bozeman Police Department Deployable Surveillance Systems.(McNeil) G.3 Authorize the City Manager to Sign a Notice of Award to Duneman Construction, Inc. for Construction of the 2025 Oak and Flanders Mill Intersection improvements Project(Gamradt) G.4 Authorize the City Manager to sign an agreement for the upgrade of the Water Reclamation and Water Sewer Supervisory Control and Data Acquisition, or SCADA system.(Cummins) G.5 Authorize the City Manager to Sign a Construction Agreement for the 2025 Sidewalk Grinding Project, with Precision Concrete Cutting, Inc., for the Purpose of Removing Trip Hazards from City Sidewalks(Gamradt) G.6 Authorize the City Manager to Sign a Professional Services Agreement Term Contract with Economic and Planning Systems, or EPS for Professional Services to Support Population Projections for Update to the Land Use Plan and Task Order 11 under the Term Contract(Saunders) G.7 Authorize the City Manager to a Maintenance Agreement with the Montana Department of Transportation for Bozeman Main Street Lighting Project(Lonsdale) G.8 Acknowledging the Receipt of a Petition to Change the Name of Elaine Lane to Fly Fisher Run(Lonsdale) G.9 Authorize City Manager to Sign Agreement with Echologics LLC to provide a Hydrant Leak Monitoring System(Pericich) G.10 Authorize Interim City Manager to Sign a Professional Services Agreement with Corrpro for Annual Inspection of the Hilltop Tank Cathodic Protection System.(Miller) G.11 Authorize the City Manager to sign a Professional Services Agreement (PSA) with Nelson\Nygaard for the development of the Gallatin Valley Metropolitan Planning Organization's Long Range Transportation Plan(Butts) G.12 Authorize the City Manager to Sign a Professional Services Agreement with the Government Finance Officers Association (GFOA) for Enterprise Resource Planning (ERP) Software Replacement Advisory Services(Hodnett) G.13 Resolution Authorizing the Use of an Alternative Project Delivery Contract for a Design-Build Firm for Design and Construction Services for the Water Reclamation Facility Solar Photovoltaic, PV Project(Meyer) G.14 A Resolution, Authorizing the City Manager to Sign Change Order 1 with Montana Lines Inc. for The 5th & Main Lighting Project, Phase 1.(Staley) 2 H. Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission I. Special Presentation I.1 Community Development Building Data Dashboard Overview Presentation (George) J. Action Items J.1 A Resolution Adopting the 2025 Stormwater Facilities Plan (Oliver) J.2 Downtown Business Improvement District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report(Cope) J.3 Present the Downtown Urban Renewal District Fiscal Year 2026 Amended Work Plan and Budget and Fiscal Year 2025 Annual Report.(Staley) J.4 Midtown Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report(Fine) J.5 Northeast Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report(Fine) J.6 Pole Yard Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report(Fine) J.7 North Park Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report(Fine) 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 considered the draft 2025 Stormwater Facilities Plan, all public comment, and information received, I hereby adopt the findings of the proposed Resolution and adopt the Resolution with an effective date of May 6, 2025." Consider the Motion: I move to approve to approve the Downtown Business Improvement District Fiscal Year 2026 Work Plan and Budget. Consider the Motion: I move to approve to approve the Downtown Urban Renewal District Fiscal Year 2026 Amended Work Plan and Budget. I move to approve the Midtown Urban Renewal District Fiscal Year 2026 Work Plan and Budget. I move to approve the Midtown Urban Renewal District Fiscal Year 2026 Work Plan and Budget. I move to approve the Pole Yard Urban Renewal District Fiscal Year 2026 Work Plan and Budget. I move to approve the North Park Urban Renewal District Fiscal Year 2026 Work Plan and Budget 3 J.8 South Bozeman Technology District (MSU Innovation Campus) Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report(Fine) K. FYI / Discussion L. Adjournment I move the approve the South Bozeman Technology District Fiscal Year 2026 Work Plan and Budget 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. 4 Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Jon Henderson, Assistant City Manager SUBJECT:Approval of Regular Meeting Minutes : 03-25-25 City Commission Meeting Minutes 04-01-25 City Commission Meeting Minutes 04-08-25 City Commission Meeting Minutes 04-15-25 City Commission Meeting Minutes MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Minutes RECOMMENDATION: Consider the Motion: I move to approve the combined City Commission minutes as submitted. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:In 2013, The Clerks' Office identified goals related to the Commission’s priority of Improving Technology Utilization and Proficiency. Improvements included: • Live streaming broadcast of the City Commission Meeting • Meeting efficiency • Better access of meeting information for staff and the public • Time savings • Streamlined approach to citizen involvement and public comment In addition to the City Commission, many City Boards utilize the system as well. Beginning January 5, 2021 meetings in the Granicus platform have been closed captioned. Those captions are searchable using the advanced search option on our video view page. Users are always welcome to contact the City Clerks' Office at 406.582.2320 or email BozemanClerksDepartment@bozeman.net for assistance. UNRESOLVED ISSUES:None. ALTERNATIVES:As determined by the Commission. 5 FISCAL EFFECTS:None. Attachments: 03-25-25 City Commission Meeting Minutes.docx 04-01-25 City Commission Meeting Minutes.docx 04-08-25 City Commission Meeting Minutes.docx 04-15-25 City Commission Meeting Minutes.docx Report compiled on: April 17, 2025 6 Bozeman City Commission Meeting Minutes, March 25, 2025 Page 1 of 12 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES March 25, 2025 Present:Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode Absent:None Excused:None Staff at the Dias: City Manager (CM) Chuck Winn, City Attorney (CA) Greg Sullivan, Deputy City Clerk (DCC) Alex Newby A)00:02:25 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse B)00:04:10 Pledge of Allegiance and a Moment of Silence or Mindfulness C)00:04:59 Changes to the Agenda D)00:05:33 FYI Commissioner Fisher announced the Third Coffee with Commissioners at Cafe M on East Main on Saturday the 29th from 9-11 am. Mayor Cunningham shared that the State of the City Address happened on Monday the 24th and will happen again at 6 pm at Chief Joseph Middle School on Wednesday the 26th. City Manager Winn shared: 1. UDC Community Chat toolkits are available to download on the engage Bozeman website and are open until April 30th. 2.Wetland Code Update open house scheduled for Thursday April 27th at 5:30 pm at the Bozeman Public Safety Center. 3. Local Government Study Commission will conduct its first public hearing at 5:30 pm April 3rd. 4. John Vandelinder, City of Bozeman Streets Superintendent is retiring after 36 years with the city. E)00:09:53 Commission Disclosures Mayor Cunningham disclosed -the mayor helped create the Gallatin Housing Impact Fund, he receives no benefit from that organization. 7 Bozeman City Commission Meeting Minutes, March 25, 2025 Page 2 of 12 F)00:10:44 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign an Audit Services Standard Audit Contract Covering Fiscal Years 2025, 2026, and 2027 Standard_Audit_Contract_1.29.25.pdf F.3 Authorize the City Manager to Ratify the Montana Department of Transportation Law Enforcement Traffic Safety (STEP OT) Grant Application FFY2026_STEP_OT_Routing_Form_Application_.pdf F.4 Authorize City Manager to Sign Notice of Award for Sime Construction for Story Mill Community Park East Parking Lot, and Final Documents Once Received NOTICE OF AWARD.docx Letter of Recommendation 3.6.2025.pdf F.5 Authorize the City Manager to Sign a Notice of Award for the Bridger Creek Flood and Erosion Control Project to Sacred Lands Restoration, LLC DBA: Arrow Restoration and Construction for the Lump Sum Base Bid in the Amount of $43,597.00 and Final Contract Documents Once Received 09-NoticeOfAward.frm.doc Bridger Creek Bid Tab.pdf F.6 Authorize the City Manager to Sign an Assignment of Development Agreement Form of Consent for the Wallace Works Urban Renewal Project Assignment of Development Agreement with Exhibits.pdf F.7 Authorize the City Manager to Sign a Memorandum of Agreement (MOA) to Provide Assistance to Montana State University (MSU) for the MSU Public Water System MOA MSU Water System Support Attachment A - Sampling and Related Services F.8 Authorize the City Manager to Sign a Professional Service Agreement with Montana Lines for Phase 1 of the 5th & Main Lighting Project 24006_04_BOZEMAN_URD_TASK_3_PACKAGE_1 1.pdf MTL Quotation Main Street Lighting Design Package 1.pdf F.9 Authorize the City Manager to Sign a Professional Service Agreement with Happy Trash Can, LLC for the Solid Waste Organics Management Program Processing Agreement - City of Bozeman and Happy Trash Can Exhibit A F.10 Authorize the City Manager to Sign a Professional Services Agreement with Morrison- Maierle for Midtown SILD Modification PSA for Midtown SILD modification 20250325.docx Scope and Fee-Midtown SILD Modification.pdf F.11 Authorize the City Manager to Sign an Amendment 1 to a Professional Services Agreement with SCS Unlimited Inc. for Swim Center Interior Mural Installation PSA - Amendment 1 - SCS Wraps - Swim Center Interior Art Installation.pdf F.12 Authorize the City Manager to Sign a Fourth Amendment to the Professional Services Agreement with Advantage Spraying Services, Inc. for Landscape Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 4 Advantage Spraying Services, Inc..pdf Attachment B PSA Advantage Spraying Services, Inc..pdf 8 Bozeman City Commission Meeting Minutes, March 25, 2025 Page 3 of 12 F.13 Authorize the City Manager to Sign a Fourth Amendment to the Professional Services Agreement with Stay Green Sprinklers Inc. for Irrigation Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 4 Stay Green Sprinklers Inc..pdf Attachment B PSA Stay Green Sprinklers Inc..pdf F.14 Authorize the City Manager to Sign a Task Order 6 with Sanbell Rocky Mountain for the Quiet Zone Railroad Crossings Project Task Order 006_Rouse & Wallace QZ Final Design.docx Task Order 006_SOW_Rouse & Wallace QZ Final Design_020725.pdf F.15 A Resolution, Authorizing the City Manager to Sign Change Order 5 with Constructive Solutions, Inc. for The Downtown Alley Enhancement Pilot Project Resolution Mar 2025 Change Order 5.docx _First_Am_Dwtwn_Alley_Enhance_Agmt_final-COMBINED_PDF.pdf Alley Change Order CSI 11 and City 5 V2.pdf 00:10:53 City Manager Introduction CM Winn shared the Consent Agenda Highlights 00:12:28 Public Comment on Consent Mayor Cunningham opened this item for public comment. 00:12:58 Karl Johnson commented in favor of the new City of Bozeman Organics Program. 00:15:58 Motion to approve Consent Items F.1 through F.15 as submitted Emma Bode: Motion Joey Morrison: 2nd 00:16:11 Vote on the Motion to approve Consent Items F.1 through F.15 as submitted The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None G)00:16:29 Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission 00:17:35 Mackenzie commented on homelessness and drug use in Bozeman. 00:20:01 Gracie Caldwell commented on Climate Week at Montana State University. 9 Bozeman City Commission Meeting Minutes, March 25, 2025 Page 4 of 12 H)00:21:16 Action Items H.1 00:21:19 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R-4 on 0.44 Acres Including the Adjacent Right of Way, the 1519 Alder Court Lane Annexation, Application 24428 24428 Alder Court Annx-ZMA CC.pdf CM Winn introduced Action Item H. 1 00:21:45 Staff Presentation City Planner (CP) Tom Rogers presented 1519 Alder Court Zone Map Amendment, App 24428, Existing Zoning Map, Resolution 5076 Annexation Goals and Policies, Zoning Criteria of Evaluation, Recommendation. 00:30:41 Questions of Staff 00:52:41 Questions of Applicant 00:53:21 Public Comment Mayor Cunningham opened this item for public comment. 00:53:35 Justin Bursick commented on the pedestrian and bike safety issues near this annexation. 00:55:43 Motion to adopt: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24428 and move to approve the 1519 Alder Court Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement. Joey Morrison: Motion Jennifer Madgic: 2nd 00:56:13 Discussion 01:03:09 Vote on the Motion to adopt: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24428 and move to approve the 1519 Alder Court Annexation subject to the terms of annexation and direct staff to prepare an annexation agreement.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None 10 Bozeman City Commission Meeting Minutes, March 25, 2025 Page 5 of 12 01:03:32 Motion to approve: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 24428 and move to approve the 1519 Alder Court Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance. Joey Morrison: Motion Jennifer Madgic: 2nd 01:03:52 Discussion 01:07:50 Vote on the Motion to approve: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Zoning Commission, and all information presented, I hereby adopt the findings presented in the staff report for application 24428 and move to approve the 1519 Alder Court Zone Map Amendment with contingencies of approval necessary to complete adoption of an implementing ordinance.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None H.2 01:08:16 Review and Decision for the 2025 Impact Fee Service Area Report for Wastewater Bozeman, MT Impact Fee Report_Wastewater_2.6.25.pdf 7-6-1602. Calculation of impact fees -- documentation required --ordinance or resolution -- requirements for impact fees, MCA.pdf Other Communities Memo 9-5-2024.pdf CM Winn introduced Action Item H.2 01:08:42 Staff Presentation Community Development Manager (CDM) Chris Saunders presented Wastewater Impact Fees, 7-6-1601 MCA, Purposes of Impact Fees, Recommendation. 01:11:28 Consultant Presentation Colin MacAweeney of TischlerBise presented Wastewater, Buy in and Cost Recovery, Methodology, Details, EDUs by Housing Size, Impact Fee Funded Wastewater FY26-31 CIP, Treatment Project Cost per Gallon, Collection Projects Cost per Gallon, Credit for existing fund balance, Maximum Supportable Impact Fee Schedules. 01:23:33 Questions of Staff and Consultant 11 Bozeman City Commission Meeting Minutes, March 25, 2025 Page 6 of 12 01:58:05 Public Comment There was no Public Comment 01:58:26 Motion to approve: Having reviewed and considered the staff presentation, recommendation from the Community Development Board, draft service area report, public comment, and all information presented, I hereby find the 2025 service area report for Wastewater meets all requirements and accept the report as the basis for wastewater impact fees. Jennifer Madgic: Motion Douglas Fischer: 2nd 01:59:06 Discussion 02:04:15 Vote on the Motion to approve: Having reviewed and considered the staff presentation, recommendation from the Community Development Board, draft service area report, public comment, and all information presented, I hereby find the 2025 service area report for Wastewater meets all requirements and accept the report as the basis for wastewater impact fees.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None H.3 02:05:13 A Resolution Adopting the 2025 Service Area Report for Wastewater Impact Fees and Establishing an Effective Date of April 5, 2025 Adopting Resolution for Wastewater IF SAR 2025.docx Bozeman, MT Impact Fee Report_Wastewater_2.6.25.pdf 02:05:17 Staff Presentation Community Development Manager (CDM) Chris Saunders Presented the Resolution Adopting the 2025 Service Area Report for Wastewater Impact Fees. Purpose of Impact Fees, 02:07:12 Questions of Staff 02:07:32 Public Comment There was no Public Comment 02:07:50 Motion to adopt: Having reviewed and considered the staff presentation, public comment, and all information presented, I hereby adopt the findings of the proposed Resolution and adopt the Resolution with an effective date of April 5, 2025. 12 Bozeman City Commission Meeting Minutes, March 25, 2025 Page 7 of 12 Douglas Fischer: Motion Emma Bode: 2nd 02:08:06 Discussion 02:08:51 Vote on the Motion to adopt: Having reviewed and considered the staff presentation, public comment, and all information presented, I hereby adopt the findings of the proposed Resolution and adopt the Resolution with an effective date of April 5, 2025.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None 02:09:02 Mayor Cunningham called the meeting into recess. 02:17:14 Mayor Cunningham called the meeting back into session. H.4 02:17:17 Review and Decision for the 2025 Impact Fee Service Area Report for Water Bozeman, MT Impact Fee Report_Water_3.5.25.pdf 7-6-1602. Calculation of impact fees -- documentation required --ordinance or resolution -- requirements for impact fees, MCA.pdf Other Communities Memo 9-5-2024.pdf CM Winn introduced Action Item H.4 02:17:34 Staff Presentation Community Development Manager (CDM) Chris Saunders presented the 2025 Impact Fee Service Area Report for Water, 7-6-1601 MCA, Purposes of Impact Fees, Recommendation 02:21:25 Consultant Presentation Colin MacAweeney, Consultant with TisclerBise presented Water, Buy-in and Cost Recovery Approach, Methodology, EDUs, Water Projection Based on Plumbing Code and Conservation Program, Impact Fee Funded Water FY26-31 CIP, Storage Projects Cost per Gallon, Cost Recovery of Water Treatment Debt, Distribution Projects Cost per Gallon, Credit for Existing Fund Balance, Maximum Supportable Impact Fees. 02:32:51 Questions of Staff and Consultant 02:47:33 Public Comment 13 Bozeman City Commission Meeting Minutes, March 25, 2025 Page 8 of 12 There was no public comment 02:47:45 Motion to approve: Having reviewed and considered the staff presentation, recommendation from the Community Development Board, draft service area report, public comment, and all information presented, I hereby find the 2025 service area report for Water impact fees meets all requirements and accept the report as the basis for water impact fees. Emma Bode: Motion Joey Morrison: 2nd 02:48:09 Discussion 02:56:08 Vote on the Motion to approve: Having reviewed and considered the staff presentation, recommendation from the Community Development Board, draft service area report, public comment, and all information presented, I hereby find the 2025 service area report for Water impact fees meets all requirements and accept the report as the basis for water impact fees.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None H.5 02:56:29 A Resolution Adopting the 2025 Service Area Report for Water Impact Fees and Establishing an Effective Date of April 5, 2025 Adopting Resolution for Water IF SAR 2025.docx Bozeman, MT Impact Fee Report_Water_3.5.25.pdf CM Winn presented Action Item H. 5 02:56:42 Staff Presentation Chris Saunders presented a Resolution Adopting the 2025Purposes of Impact Fees, Recommendation. 02:57:54 Public Comment There was no public comment 02:58:23 Motion to adopt: Having reviewed and considered the staff presentation, public comment, and all information presented, I hereby adopt the findings of the proposed Resolution and adopt the Resolution with an effective date of April 5, 2025. Joey Morrison: Motion 14 Bozeman City Commission Meeting Minutes, March 25, 2025 Page 9 of 12 Jennifer Madgic: 2nd 02:58:39 Discussion 03:00:24 Vote on the Motion to adopt: Having reviewed and considered the staff presentation, public comment, and all information presented, I hereby adopt the findings of theproposed Resolution and adopt the Resolution with an effective date of April 5, 2025.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None H.6 03:00:40 Authorize the City Manager to sign a Gallatin Housing Impact Fund Grant Agreement with Neighborworks Montana in support of the Hidden Creek Affordable Housing Project Bozeman Grant Agreement v1 2025.docx Community Housing Fund_Structure and Offer_April 2023.pdf Gallatin Housing Impact Fund_Loan Program Term Sheet.pdf Charter for Gallatin Housing Impact Fund Advisory Board.pdf CM Winn introduced Action Item H.6 03:01:09 Staff Presentation Urban Renewal Program Manager (URPM) David Fine presented NeighborWorks Montana Gallatin Housing Impact Fund Grant, Community Housing Impact Fund, Role of Advisory Board, Committed Investors, City of Bozeman Grant Highlights. 03:09:57 Consultant Presentation Seth O'Connell of United Housing Partners presented Hidden Creek Apartments, Partnerships, The Team, Mission, Vision and Values, HRDC, The Project, Unit Mix, Project Renderings, Unit Size, Income Restrictions, Recent Updates, Incentives Requested, Timeline. 03:17:19 Question of Staff and Consultant 03:32:09 Public Comment 03:32:19 Natsuki Nakamura commented in favor of the Montgomery County Model. 03:35:10 Lila Fleishman of HRDC commented in favor of the Community Housing Fund. 15 Bozeman City Commission Meeting Minutes, March 25, 2025 Page 10 of 12 03:37:06 Motion to authorize the City Manager to sign the Grant Agreement with Neighborworks Montana. Jennifer Madgic: Motion Douglas Fischer: 2nd 03:37:19 Discussion 03:51:01 Vote on the Motion to authorize the City Manager to sign the Grant Agreement with Neighborworks Montana.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None I)03:51:20 Appointments I.1 Appointments to the Building Board of Appeals 05-09-23 - CAB Applications - Eugene Graf.pdf 05-03-24 - CAB Applications - Jon Zemans.pdf 11-20-24 - CAB Applications - Thomas Kujawa.pdf 01-07-25 - CAB Applications - Andrew Arena.pdf Sean Paulauskis 01-29-25.pdf Jason Martel 01-22-25.pdf Bayliss Ward 02-18-25.pdf 03:51:49 Motion to appoint Bayliss Ward to the Building Board of Appeals with a term ending December 31, 2026 and Jason Martel to a term with the Building Board of Appeals to a term ending December 31, 2027. And to adjust the term of Eugene Graf who was appointed January 14, 2025 Commission meeting to a term ending December 31, 2027 Joey Morrison: Motion Douglas Fischer: 2nd 03:53:10 Public Comment There was no public comment 16 Bozeman City Commission Meeting Minutes, March 25, 2025 Page 11 of 12 03:53:30 Vote on the Motion to appoint Bayliss Ward to the Building Board of Appeals with a term ending December 31, 2026 and Jason Martel to a term with the Building Board of Appeals to a term ending December 31, 2027. And to adjust the term of Eugene Graf who was appointed January 14, 2025 Commission meeting to a term ending December 31, 2027 The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None J)03:53:51 FYI / Discussion Commissioner Madgic commended URPM David Fine on his testimony at the Montana Legislature. K)03:54:34 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Approved on: May 6, 2025 Deputy City Clerk 17 Bozeman City Commission Meeting Minutes, March 25, 2025 Page 12 of 12 18 Bozeman City Commission Meeting Minutes,April 1, 2025 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES April 1, 2025 Present:Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode Absent:None Excused:None Present at the Dais:Interim City Manager (ICM) Chuck Winn, City Attorney (CC) Greg Sullivan, City Clerk (CC) Mike Maas A)00:21:03 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse B)00:22:40 Pledge of Allegiance and a Moment of Silence or Mindfulness C)00:23:18 Changes to the Agenda D)00:23:33 FYI CM Winn noted the Study Commission Public Hearing at 5:30 p.m. on April 3, and noted the Bozeman Fire Department received accreditation, the only department in Montana to do so. E)00:25:28 Commission Disclosures F)00:25:40 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Grant Match Agreement with Greater Gallatin United Way for a Waitlist Prioritization Program 19 Bozeman City Commission Meeting Minutes, April 1, 2025 Page 2 of 8 25 - Grant Agreement - Great Gallatin United Way - Child Care Waitlist and Priotization Program FULL.pdf Child Task Force Strategic Plan 2024.pdf F.3 Authorize the City Manager to Sign the Notice of Award and Contract Documents for the 2025 Curb and Sidewalk Improvements Project to Montana Excavation and Utilities LLC, for the Purpose of Replacing Curb, Gutter and Sidewalk on Various Streets within the City Notice of Award to MT Excavation & Utilities - 2025 Curb & Sidewalk Project.pdf Bid Tab - 2025 Curb Sidewalk Improvements.pdf F.4 Authorize the City Manager to Sign a Professional Services Agreement with Montana State University for Open Channel Mapping PSA with MSU for Open Channel Mapping.pdf Scope_OpenChannelMapping.pdf F.5 Authorize City Manager to Sign an Amendment 1 with Morrison Maierle for the North 27th Avenue (Baxter to Cattail) Improvements Project N 27th Prelim and Final Design PSA Amendment 1 V2.pdf F.6 Authorize the City Manager to Sign an Amendment 1 to the Professional Services Agreement for 2025 Digital Orthoimagery and Lidar Acquisition for the Purpose of Replacing Pricing Information For the Contract First Amendment to the Professional Services Agreement with Ayers Associates Inc for Annual Aerial Photography Data Acquisition.pdf F.7 Authorize the City Manager to Sign an Amendment 3 to the Professional Services Agreement with Bozeman Site Services, LLC. for Landscape Maintenance Services in the Parks and Trails District Attachment A PSA Amendment 3 Bozeman Site Services LLC_.pdf Attachment B PSA Bozeman Site Services LLC_.pdf F.8 Authorize the City Manager to Sign an Amendment 4 to the Professional Services Agreement with Hydro Logistics Irrigation LLC. for Irrigation Maintenance Services in the Parks and Trails District Attachment B PSA Hydro Logistics Irrigation LLC..pdf Attachment A PSA Amendment 4 Hydro Logistics Irrigation LLC..pdf F.9 A Resolution Adopting the Use of an Alternative Project Delivery Contract for a General Contractor Construction Manager for Preconstruction and Construction Services for the Lindley Center Renovation Project Lindley Center Commission Resolution.pdf 00:25:49 City Manager Introduction CM Winn provided the highlights of the Consent Agenda. 20 Bozeman City Commission Meeting Minutes, April 1, 2025 Page 3 of 8 00:27:48 Public Comment There were no public comments on the Consent Agenda. 00:28:30 Motion to approve the Consent Agenda as submitted. Joey Morrison: Motion Douglas Fischer: 2nd 00:28:40 Vote on the Motion to approve the Consent Agenda as submitted.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None G)00:28:53 Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission Mayor Cunningham opened General Public Comments. 00:29:58 John Meyer commented on childcare, universal Pre-K; he spoke in support of the appeal in application 25033. 00:31:59 Mary Bateson commented to request City Commission review application 24606 to remove trees in the boulevard. 00:34:04 Glenn Monahan commented on limiting growth and water usage in the City. 00:35:59 Alison Sweeney commented on modifications of the appeals process and the Study Commission public hearing. 21 Bozeman City Commission Meeting Minutes, April 1, 2025 Page 4 of 8 00:37:58 Angie Kociolek commented on the Neighborhood Conservation Overlay District (NCOD) and Commission review of application 24606. 00:41:16 Danielle Nicholas commented on the NCOD and the Guthrie. 00:42:21 Tom Keck commented on water capacity and conservation. 00:44:12 Anthony Smith commented on camping in the right-of-way and on the use of tear gas and beanbag rounds during a previous stand-off. 00:47:53 Peter Momson commented in support of the appeal in application 25033. H)00:49:58 Action Items H.1 00:50:01 Consideration of Appeal 25033 Regarding Conditional Approval of The Guthrie, 5th and Villard Site Plan, Certificate of Appropriateness, and Demolition Application Number 24493 25033 The Guthrie Appeal Staff Report.pdf 2024 Version of Division 38.380.pdf Order United Food v. City of Bozeman Cause No. DV-19-10BX 18Oct2019.pdf 00:50:34 Clarification of the Process 00:54:22 Staff Presentation Community Development Director Erin George entered the staff report into the record. She presented the timeline of regulations applicable to the Guthrie site, the 2016 zoning proposal, the Guthrie site, project timeline, project comparison between versions of the Guthrie, the substantive issues on appeal, NCOD Standards vs Guidelines, "Form, mass, and scale" compatibility with surrounding structures, the two-year stay on demolition, a summary of public notice and comments, and staff recommendations. 01:10:09 Questions of Staff 02:20:11 Recess 02:29:14 Call to Order 02:29:51 Appellant Presentation 22 Bozeman City Commission Meeting Minutes, April 1, 2025 Page 5 of 8 Kirsa Shelkey, representing the Appellant, presented the review authority, the three decisions of the Community Development Director, the issues of open space, parking lot, and trash pick- up, traffic level of service, and the NCOD criteria. 02:44:37 Questions of Appellant 03:28:26 Developer Presentation Alan McCormick presented representing the Guthrie. He spoke about the standard of review, compatibility, the totality of the circumstances. Andy Holloran presented on the changes and consideration in the application. 03:44:24 Questions of Applicant 05:14:37 Staff Rebuttal 05:20:12 Appellant Rebuttal 05:24:52 Developer Rebuttal 03:57:14 Public Comment Mayor Cunningham opened this item up for public comments. 03:57:54 Meeting Extended to 10:30 p.m. 03:58:05 Jacob Klatt commented in support of the appeal. 04:03:21 Jane Jelinski commented on the NCOD. 04:05:50 Jeff Krauss commented on the history of development in the City. 04:09:58 Erica Oleynick commented in support of the Guthrie. 04:11:43 Michelle Osman commented in support of the appeal. 04:14:33 Jeremy Seglem commented in support of the Guthrie. 04:17:10 Karen Sanchez commented in support of the appeal. 23 Bozeman City Commission Meeting Minutes, April 1, 2025 Page 6 of 8 04:20:11 Daniel Carty commented in support of the appeal. 04:22:15 Emily Rubalt commented in support of the Guthrie. 04:23:48 Gary Delean commented in support of the appeal. 04:27:13 Lin Huwong commented on affordable housing. 04:30:21 Mark Egge commented in support of the Guthrie. 04:33:02 Angie Kociolek commented in support of the appeal. 04:36:17 Noah ten Broek commented in support of the appeal. 04:39:26 Nessa Rebecca commented in support of the appeal. 04:42:43 Alison Sweeney commented in support of the appeal. 04:45:26 Richard Sherin commented in support of the appeal. 04:48:01 Mary Stewart commented in support of the appeal. 04:48:49 Mary Bateson commented in support of the appeal. 04:51:37 Meeting Extended to 10:45 p.m. 04:51:40 Natsuki Nakamura commented in support of the appeal. 04:53:50 Meeting Extended to 11 p.m. 04:54:00 Becky Parker commented in support of the appeal. 04:55:32 David Loseff commented in support of the appeal. 04:58:50 Scott Mayer commented in support of the appeal. 05:00:18 Phil Ronniger commented on the gravity of the decision. 24 Bozeman City Commission Meeting Minutes, April 1, 2025 Page 7 of 8 05:02:29 Greg Randall commented in support of the Guthrie. 05:05:58 Anja Lincke commented on behalf of Forward Montana in support of the Guthrie. 05:09:10 Zehra Osman commented in support of the appeal. 05:11:54 Selena Ahmed commented in support of the appeal. 05:13:46 Clarification of City Attorney 05:27:15 Meeting Extended until 11:15 p.m. 05:27:25 Discussion on process 05:30:30 Motion to continue the appeal process to April 15, 2025. Douglas Fischer: Motion Jennifer Madgic: 2nd 05:30:43 Discussion 05:31:20 Vote on the Motion to continue the appeal process to April 15, 2025.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None 05:31:36 Clarification of City Attorney I)05:33:12 FYI / Discussion 25 Bozeman City Commission Meeting Minutes, April 1, 2025 Page 8 of 8 J)05:34:22 Adjournment 26 Bozeman City Commission Meeting Minutes, April 4, 2025 Page 1 of 6 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES April 4, 2025 Present:Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode Absent:None Excused:None Staff at the Dias:City Manager (CM) Chuck Winn, Chief Civil Attorney (CCA) Anna Saverud, Deputy City Clerk (DCC) Alex Newby A)00:02:14 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse B)00:03:49 Pledge of Allegiance and a Moment of Silence or Mindfulness C)00:04:26 Changes to the Agenda D)00:04:34 FYI Mayor Cunningham announced Montana Parks and Trails conference currently going on here in Bozeman. Mayor Cunningham shared that the Critical Resources Summit kicked off here in our community. CM Winn stated that April 22, 4 pm at the Safety Center Bozeman will swear in new Police Officers. E)00:06:11 Commission Disclosures F)00:06:45 Consent F.1 Accounts Payable Claims Review and Approval F.2 Authorize the City Manager to Sign a Notice of Award to High Country Paving Inc. for Construction of the 2025 Street Improvements Project Bid -2025 Street Improvements Project.pdf Notice of AWARD -2025 Street Maintenance Project.docx F.3 Authorize the City Manager to Sign a Professional Services Agreement with Baker Tilly for Municipal Advisory Services 27 Bozeman City Commission Meeting Minutes, April 4, 2025 Page 2 of 6 Professional Services Agreement - Bozeman - Baker Tilly.pdf F.4 Authorize the City Manager to Sign a Professional Service Agreement with Cushing Terrell for Bogert Pool Renovation Design Services. Bogert Contract with Cushing Terrell Final Draft 3.26.25.pdf F.5 Authorize the City Manager to sign an Addendum to the Professional Services Agreement with Sprout, Inc. Land & Hardscaping for Median and Grounds Maintenance Services 2025 Fourth Addendum to Median & Grounds Maintenance PSA 2025 Exhibit B - Location Specific Scope of Services City Maintenance Proposal 2025 F.6 Authorize the City Manager to sign an Addendum to the Professional Services Agreement with Hydrologistics Irrigation LLC for Irrigation System Start-Up, Winterization, and Maintenance Services 2025 April Fourth Addendum to Irrigation Maintenance PSA 2025 Hydrologistics - COBS maintenance quote 2025 Scope of Services F.7 Ratify the City Manager's signature on the Professional Service Agreement with Montana Lines for Phase 1 of the 5th & Main Lighting Project CONSTRUCTION AGREEMENT for 5th and Main Lighting phase 1.docx MTL Quotation_Main Street Lighting Design Package 1_040225.pdf 24006_04_BOZEMAN_URD_TASK_3_PACKAGE_1_1.pdf Non-Discrimination and Equal Pay_.docx CM Winn shared the highlights of the Consent agenda 00:08:05 Public Comment There was no public comment on the Consent agenda 00:08:37 Motion to approve: I move to approve Items F.1 through F.7 as submitted. Joey Morrison: Motion Jennifer Madgic: 2nd 00:08:46 Vote on the Motion to approve: I move to approve Items F.1 through F.7 as submitted.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None G)00:09:26 Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission 28 Bozeman City Commission Meeting Minutes, April 4, 2025 Page 3 of 6 00:10:08 Mary Bateson commented in opposition to the removal of trees for application 24606, North Central Master Plan development. 00:13:30 Jamie Morough CEO of Qcore and Applied Quantum Core shared about Qcore at Montana State University. 00:16:25 Angie Kociolek with Bozeman Tree Coalition shared comments from Bozeman middle schoolers who attended a UDC Community Chat she held. 00:19:44 Laura Seitz commented in favor of keeping mature trees in Bozeman. 00:20:22 Jane Mangold formally submitted a proposal from the Centennial Park neighborhood. 00:23:36 Beth McFawn spoke in favor of Centennial Park being zoned RA. 00:26:56 Christopher Spogess commented in favor of Centennial Park neighborhood being zoned RA. H)00:29:46 Mayoral Proclamation H.1 Mayoral Proclamation of World Quantum Day 2024 Mayoral Proclamation - Quantum Day Proclamation.pdf I)00:32:13 Action Items I.1 00:32:17 Annexation and Zone Map Amendment Requesting Annexation and the Establishment of an Initial Zoning Designation of R-4 on 10 Acres Including the Adjacent Right of Way, the 5532 Fowler Lane Annexation, Application 24492 24492 5532 Fowler Ln Annx-ZMA CC SR.pdf CM Winn introduced Action Item I. 1 00:32:48 Staff Presentation Associate Planner Zachary Moon presented Staff Findings for 5532 Fowler Lane Annexation, App 24492, Arterial Map of Area, Future Land Use Map of Area, Map of Zoning in the Area, Correlation with Zoning, Resolution 5076 Annexation Goals & Policies, Sec. 76-2-304 MCA Zoning Criteria of Evaluation, Public Comment, Recommendation. 00:38:54 Questions of Staff 01:03:59 Applicant Presentation Rob Pertzborn with Intrinsik Architecture presented the Applicant Presentation, Urban Growth Boundary, Visuals of the Area, Image from 2005, Image from 2024, Projection into the Future, Streamline Possibilities, Road Projects in the Works, Homestead Site Plan, Why R-4 in the Location, ZMA Approval schedule, Wrap Up. 01:17:26 Questions of Applicant 01:24:00 Public Comment 29 Bozeman City Commission Meeting Minutes, April 4, 2025 Page 4 of 6 Mayor Cunningham opened this item for public comment. 01:24:12 Justin Bursick commented in opposition to zoning the 5532 land R-4. 01:27:20 Kevin Haggerty with Middle Creek Ditch Company commented on ditch abandonment. 01:32:21 Motion to adopt: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24492 and move to recommend approval of the 5532 Fowler Lane Annexation with recommended terms of annexation and direct staff to prepare an annexation agreement for signature by all parties. Jennifer Madgic: Motion Douglas Fischer: 2nd 01:32:55 Discussion 01:58:51 Vote on the Motion to adoptn: Having reviewed and considered the staff report, application materials, public comment, and all information presented, I hereby adopt the findings presented in the staff report for application 24492 and move to recommend approval of the 5532 Fowler Lane Annexation with recommended terms of annexation and direct staff to prepare an annexation agreement for signature by all parties.The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: Jennifer Madgic 01:59:15 Motion to adopt:Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board and in their capacity as Zoning Commission and all information presented, I hereby adopt the findings presented in the staff report for application 24492 and move to approve the 5532 Fowler Lane Zone Map Amendment, with contingencies required to complete the application processing. Jennifer Madgic: Motion Douglas Fischer: 2nd 01:59:50 Discussion 02:01:20 Vote on the Motion to adopt: Having reviewed and considered the staff report, application materials, public comment, recommendation of the Community Development Board and in their capacity as Zoning Commission and all information presented, I hereby adopt the findings presented in the staff 30 Bozeman City Commission Meeting Minutes, April 4, 2025 Page 5 of 6 report for application 24492 and move to approve the 5532 Fowler Lane Zone Map Amendment, with contingencies required to complete the application processing.The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Douglas Fischer Emma Bode Disapprove: Jennifer Madgic 02:01:34 Break 02:09:39 Start I.2 02:09:45 Integrated Water Resources Plan (IWRP) Engagement Plan IWRP Community Engagement Plan.pdf 02:09:50 CM Winn introduced Action Item I.2 02:10:56 Staff Presentation Director of Utilities (DU) Shawn Kohtz introduced the Integrated Water Resources Plan Update and Raftelis Consultant. 02:13:17 Consultant Presentation Matt Wittern, Consultant for Raftelis presented Raftelis Intergrated Water Resources Plan Update, About Raftelis, Agenda, Setting the Stage, Bozeman's IWRP History, Why Update the IWRP Now? Progress Made Since the 2013 IWRP, Realized and Projected Supply Expansion, Realized and Projected Water Savings, What is Engagement, Engagement Goals, Conceptual WAC Subgroups, How Engagement Informs the IWRP, Engagement Timeline, Phase 1: Engagement Planning, Phase 2: Early Engagement, Phase 3: Continued Engagement and Alternatives Development, Phase 4: Develop and Deliver Updated IWRP, Questions for the Commission. 02:38:00 Questions of Consultant 03:15:04 Public Comment 03:15:16 Daniel Carty commented on the Integrated Water Resources Plan Update. 03:17:41 Motion to approve: I move to approve the Integrated Water Resources Plan Engagement Plan. Douglas Fischer: Motion Emma Bode: 2nd 03:17:56 Discussion 31 Bozeman City Commission Meeting Minutes, April 4, 2025 Page 6 of 6 03:27:59 Vote on the Motion to approve: I move to approve the Integrated Water Resources Plan Engagement Plan.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None J)03:28:19 FYI / Discussion 03:28:23 Commissioner Fischer asked if the City can have staff reach out to the people who presented the Centennial Park Neighborhood Conservation in Action Proposal. K)03:29:28 Adjournment ___________________________________ Terry Cunningham Mayor ATTEST: ___________________________________ Mike Maas City Clerk PREPARED BY: ___________________________________ Alex Newby Deputy City Clerk Approved on: May 6, 2025 32 Bozeman City Commission Meeting Minutes, April 15, 2025 Page 1 of 8 THE CITY COMMMISSION MEETING OF BOZEMAN, MONTANA MINUTES April 15, 2025 Present:Terry Cunningham, Joey Morrison, Jennifer Madgic, Douglas Fischer, Emma Bode Absent:None Excused:None Present at the Dais:Interim City Manager (ICM) Chuck Winn, City Attorney (CA) Greg Sullivan, City Clerk (CC) Mike Maas A)00:04:45 Call to Order -6:00 PM -Commission Room, City Hall, 121 North Rouse B)00:06:26 Pledge of Allegiance and a Moment of Silence or Mindfulness C)00:07:03 Changes to the Agenda ICM Winn noted that Consent Item F.5 would be pulled due to being incomplete and for Action Item I.2 the applicant requested continuance to May 20. D)00:08:13 Commission Disclosures E)00:08:23 FYI Cr. Bode noted Climate Week at MSU. Cr. Madgic noted Cleanup next weekend. CM Winn provided the details for Cleanup week and how to pick up kits. F)00:10:14 Consent F.1 Accounts Payable Claims Review and Approval 33 Bozeman City Commission Meeting Minutes, April 15, 2025 Page 2 of 8 F.2 Approval of Depository Bonds and Pledged Securities as of March 31, 2025 Depository Bonds & Securities 033125.pdf SLC_580049.pdf SLC_578492.pdf F.3 Authorize the City Commission to Ratify the Montana Main Street Program Grant Award for the I-Ho Peace Park Contract Bozeman.pdf F.4 Authorize the City Manager to Sign a Notice of Award to CK May Excavating for Construction of the Riverside Lift Station and Force Main Project Bid Tab - Riverside Lift Station.pdf DOWL_Award_Recommendation letter.pdf NoticeOfAward_CKMay_Riverside Lift Station Project.docx F.5 Authorize City Manager to Sign Notice of Award to Smith River Construction for Story Mill Community Park Splash Pad, and Final Documents Once Received Splash Pad Recommendation to Award.pdf Splash Pad Bid Tabulation_2025.pdf F.6 Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with Advanced Engineering and Environmental Services, LLC for On- call Engineering Services for the City of Bozeman Water Treatment Division WTD_2025 OnCall Master Professional Services Agmt_AE2S.docx F.7 Authorize the City Manager to Sign a Professional Services Master Task Order Agreement with Advanced Engineering and Environmental Services, LLC for On- call Engineering services for the City of Bozeman Water Reclamation Facility 2025_WRF_OnCall_Professional Services Agmt_AE2S.docx F.8 Resolution Authorizing Change Order 2 with Roset and Associates for Construction Modifications, Solid Waste Building Remodel and Garage Addition Project Resolution Solid Waste Expansion CO-2.docx Change Order 2 - Modifications to SWD Renovation and Addition 2025 F.9 Resolution Establishing Compliance with IRS Reimbursement Bond Regulations 2025.04.15-Reimbursement Resolution-No Comments.docx 00:10:32 City Manager Introduction ICM Winn provided the highlights of the Consent Agenda. 00:11:41 Public Comment There were no comments on the Consent Agenda. 34 Bozeman City Commission Meeting Minutes, April 15, 2025 Page 3 of 8 00:12:10 Motion to approve Consent Agenda items 1 through 4 and 6 through 9, as submitted. Emma Bode: Motion Joey Morrison: 2nd 00:12:26 Vote on the Motion to approve Consent Agenda items 1 through 4 and 6 through 9, as submitted.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None G)00:12:44 Mayoral Proclamation G.1 00:12:48 City for Convention on the Elimination of Discrimination Against Women (CEDAW) Anniversary Proclamation Bozeman CEDAW Anniversary Proclamation 2025.docx G.2 00:15:53 Equal Pay Proclamation Bozeman Equal Pay Day Proclamation 2025 REV.docx H)00:19:34 Special Presentation H.1 00:19:51 Equal Pay Report Equal Pay Report 2025.pdf Human Resources Director, Cassie Tozer, presented the Equal Pay Report. 00:30:13 Questions of Staff H.2 00:40:32 Fire Department Accreditation Special Presentation Fire Chief Josh Waldo, Battalion Chief James Short, Deputy Fire Chief Jason Kolman, Battalion Chief Jared Ridgeway, Fire Inspector Shane Brandhorst, and on-duty crews presented the accreditation of the Bozeman Fire Department. Battalion Chief James Short presented an overview of the work required to achieve accreditation. 35 Bozeman City Commission Meeting Minutes, April 15, 2025 Page 4 of 8 I)00:48:57 Action Items I.1 00:49:02 Decision on Appeal 25033 Regarding Conditional Approval of The Guthrie, 5th and Villard Site Plan, Certificate of Appropriateness, and Demolition Application Number 24493, Continued from April 1, 2025 25033 The Guthrie Appeal Staff Report.pdf 2024 Version of Division 38.380.pdf Order United Food v. City of Bozeman Cause No. DV-19-10BX 18Oct2019.pdf 00:49:43 Discussion 01:43:29 Clarification of City Attorney 01:44:22 Discussion continued 01:45:25 Motion to preserve Having reviewed and considered Appeal number 25033 including the record of review, the presentation of staff and Appellant, public comment, and all information presented, I move to preserve all defenses the City of Bozeman may assert regarding standing of Appellant to bring this appeal, their ability to raise any issue on appeal, and Appellant’s constitutional claims if Appellant seeks judicial review. Jennifer Madgic: Motion Douglas Fischer: 2nd 01:46:07 Discussion 01:46:18 Vote on the Motion to preserve Having reviewed and considered Appeal number 25033 including the record of review, the presentation of staff and Appellant, public comment, and all information presented, I move to preserve all defenses the City of Bozeman may assert regarding standing of Appellant to bring this appeal, their ability to raise any issue on appeal, and Appellant’s constitutional claims if Appellant seeks judicial review.The Motion carried 5 - 0. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode 36 Bozeman City Commission Meeting Minutes, April 15, 2025 Page 5 of 8 Disapprove: None 01:46:30 Motion to uphold Having reviewed and considered Appeal number 25033 seeking to overturn the decision of the Director of Community Development conditionally approving the 5th and Villard Site Plan, CCOA, and Demolition application number 24493, including the record of review, the presentation of staff and Appellant, public comment, and all information presented, I move to uphold the Director’s conditional approval of application 24493. Jennifer Madgic: Motion Douglas Fischer: 2nd 01:47:13 Discussion 01:47:33 Motion to amend Uphold the Director of Community Development's conditional approval of application 24493 with the additional condition that the design be revised to create setbacks above to the second story to be in alignment with the NCOD guidelines. Douglas Fischer: Motion Jennifer Madgic: 2nd 01:48:29 Discussion on Amendment 01:55:02 Vote on the Motion to amend Uphold the Director of Community Development's conditional approval of application 24493 with the additional condition that the design be revised to create setbacks above to the second story to be in alignment with the NCOD guidelines.The Motion failed 2 - 3. Approve: Jennifer Madgic Douglas Fischer Disapprove: Terry Cunningham Joey Morrison Emma Bode 37 Bozeman City Commission Meeting Minutes, April 15, 2025 Page 6 of 8 01:55:31 Discussion on Main Motion continued 01:57:06 Vote on the Motion to uphold Having reviewed and considered Appeal number 25033 seeking to overturn the decision of the Director of Community Development conditionally approving the 5th and Villard Site Plan, CCOA, and Demolition application number 24493, including the record of review, the presentation of staff and Appellant, public comment, and all information presented, I move to uphold the Director’s conditional approval of application 24493. The Motion carried 4 - 1. Approve: Terry Cunningham Joey Morrison Jennifer Madgic Emma Bode Disapprove: Douglas Fischer 01:57:52 Recess 02:07:15 Call to Order I.2 02:07:22 Review and Consider the Boutique Hotel, Located at 240 E. Mendenhall Street, Site Plan and Commercial Certificate of Appropriateness with a Deviation Application, Application 24147 (Quasi-judicial) 24147 City Commission Staff Report.pdf 02:07:33 Rob Pertzborn, Intrinsik Architecture spoke on the request for continuation. 02:08:14 Motion to continue application 24147 to May 20, 2025. Douglas Fischer: Motion Emma Bode: 2nd 02:08:41 Discussion 02:08:54 Vote on the Motion to continue application 24147 to May 20, 2025.The Motion carried 5 - 0. 38 Bozeman City Commission Meeting Minutes, April 15, 2025 Page 7 of 8 Approve: Terry Cunningham Joey Morrison Jennifer Madgic Douglas Fischer Emma Bode Disapprove: None J)02:09:13 Public Comment on Non-agenda Items Falling Within the Purview and Jurisdiction of the Commission Mayor Cunningham opened General Public comment. 02:09:51 Mary Bateson commented on the 2016 Urban Forestry Plan in recognition of Earth Day. 02:13:16 Emily Talago commented on the appeal process, and the community meeting process as a part of the Affordable Housing Ordinance. 02:16:21 Vanessa Rebecca commented developments, inspections, and affordable housing. 02:18:37 Marcia Kaveney commented on the decision of the Guthrie appeal. 02:21:30 Shelby Hall commented on prevention, and specifically the Montana Bar Faeries. 02:24:29 Kirsa Shelke, representing the appellants, commented on the decision of the Guthrie appeal. 02:26:22 Wayne Mortimer commented on affordable housing and available housing. 02:29:34 Natsuki Nakamura commented on up-zoning. 02:32:04 Noah ten Broek commented on the decision of the Guthrie appeal. 39 Bozeman City Commission Meeting Minutes, April 15, 2025 Page 8 of 8 02:35:26 Daniel Carty commented on the decision of the Guthrie appeal, the process, and the MAID public participation lawsuit. K)02:36:49 FYI / Discussion ICM Winn noted the City parking lots are available for overnight parking. Cr. Bode asked about the follow-up on the appeal next steps. L)02:37:52 Adjournment 40 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:May 6, 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 May 7, 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 41 Memorandum REPORT TO:City Commission FROM:Jamie Grabinski, Grants Coordinator Melissa Hodnett, Finance Director SUBJECT:Authorize City Commission to Approve Grant Application to the Montana Disaster and Emergency Services for the FFY25 Homeland Security Grant Program for Bozeman Police Department Deployable Surveillance Systems. MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Grant RECOMMENDATION:Authorize City Commission to Approve Grant Application to the Montana Disaster and Emergency Services for the FFY25 Homeland Security Grant Program for Bozeman Police Department Deployable Surveillance Systems. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:The Montana Disaster and Emergency Services State Homeland Security Program (SHSP) grant solicited grant applications to support state and local efforts to prevent terrorism and other terrorist related catastrophic events. This year's SHSP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the national preparedness goal of a secure and resilient nation. Bozeman Police Department's application supports the five mission areas of prevention, protection, mitigation, response, and recovery by proposing to rent and implement two deployable mobile surveillance units for major events such as parades, concerts, sport events, and festivals. The non-permanent units will provide comprehensive situational awareness in high-density environments. The primary core capability proposed in this application is to screen, search, and detect activity in order to protect soft targets. If awarded, this grant will provide funding for three years for the deployable surveillance units and the grant does not require match. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission. FISCAL EFFECTS:If the grant is awarded, the total expenditures are expected to be $300,000. Expenditures will be made in the Police Department division and may require a future budget amendment. 42 Attachments: Bozeman Police Department - Application.pdf Report compiled on: April 15, 2025 43 City of Bozeman Prepared by Bozeman Police Department for Montana Disaster and Emergency Services FY25 Homeland Security Application Submitted by Jamie Grabinski Submitted on 04/09/2025 11:43 AM Mountain Standard Time 44 Opportunity Details Opportunity Information Title FY25 Homeland Security Application Description IMPORTANT Please review and follow the State Homeland Security Program (SHSP) grant guidance document. FEMA/DHS expects all grant recipients and subrecipients to utilize the State Homeland Security Program (SHSP) grant funding to address the high priority-low capacity core capabilities. SHSP provides financial support to build and deliver core capabilities that improve the ability of jurisdictions to prepare for and prevent terrorism and other catastrophic events. The Grant Program Guidance document provides information on the top priorities for the coming years SHSP project applications. The State of Montana solicits projects that will measurably improve these high priority-low capacity capabilities and increase our resiliency all across the State. Overview The purpose of this fiscal year's SHSP is to support state and local efforts to prevent terrorism and other terrorist related catastrophic events and to prepare the nation for the threats and hazards that pose the greatest risk to the security of the United States. This year's SHSP provides funding to implement investments that build, sustain, and deliver the 32 core capabilities essential to achieving the national preparedness goal of a secure and resilient nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community, inclusive of children, individuals with disabilities and other with access and functional needs, diverse communities, and people with limited English proficiency. This year's SHSP supports the core capabilities across the five mission areas of Prevention, Protection, Mitigation, Response, and Recovery based on allowable costs. • Prevent a threatened or an actual act of terrorism; • Protect citizens, residents, visitors, and assets against the greatest threats that pose the greatest risk to the security of the United States; • Mitigate the loss of life and property by lessening the impact of future catastrophic events caused by terrorism; • Respond quickly to save lives, protect property and the environment, and meet basic human needs in the aftermath of a catastrophic incident caused by terrorism; • Recover through a focus on the timely restoration, strengthening, accessibility and revitalization of infrastructure, housing, and a sustainable economy, as well as the health, social, cultural, historic, and environmental fabric of communities affected by a catastrophic incident caused by terrorism; and do so in a manner that engages the whole community while ensuring the protection of civil rights. Awarding Agency Name Montana Disaster and Emergency Services Agency Contact Name Amanda Avard Agency Contact Phone 406-324-4777 Agency Contact Email mtdesprep@mt.gov Fund Activity Categories Disaster Prevention and Relief Page 2 of 20 City of Bozeman Bozeman Police Department 45 Category Explanation Departments Montana Disaster and Emergency Services Subjects HS Manager Amanda Avard Additional Users Opportunity Posted Date 1/22/2025 Opportunity Archive Date Announcement Type Initial Announcement Funding Opportunity Number Agency Opportunity Number Assistance Listings Number Public Link https://mt.amplifund.com/Public/Opportunities/Details/e41a1619-d597-43c6-91da-fa0287a54729 Is Published Yes Funding Information Opportunity Funding $0.00 Funding Sources Federal Or Federal Pass Through Funding Source Description Funding Restrictions Award Information Award Period 10/01/2025 - 09/30/2027 Award Announcement Date 9/5/2025 Award Type Competitive Capital Grant No Page 3 of 20 City of Bozeman Bozeman Police Department 46 Indirect Costs Allowed Yes Restrictions on Indirect Costs Yes Matching Requirement No Submission Information Submission Window 01/22/2025 8:00 AM - 04/09/2025 11:55 PM Submission Timeline Type One Time Submission Timeline Additional Information No more than 3 applications from a jurisdictional area will be considered under the competitive pool. Senior Advisory Committee (SAC) approved regional projects and Combating Domestic Violence Extremism projects are not counted against the 3 projects. Allow Multiple Applications Yes Application Review Start Date / Pre-Qualification Deadline 4/10/2025 Question Submission Information Attachments AmpliFund Applicant Portal Guide for SHSP FY25 SHSP State Guidance 1-22-2025 Eligibility Information Eligibility Type Public Eligible Applicants State Governments County Governments City or township governments Public and State controlled institutions of higher education Native American tribal governments (Federally recognized) Additional Eligibility Information Nonprofits who provide services to a local government agency may also submit applications. A local jurisdiction may act as a host on behalf of an entity, including non-profits and associations, to address critical needs. Additional Information Additional Information URL https://des.mt.gov/Grant-Programs/State-Homeland-Security-Grants Award Administration Information Page 4 of 20 City of Bozeman Bozeman Police Department 47 State Award Notices This is a competitive state grant, and there are often more funding requests than funding available. The State Homeland Security Advisor will make the final decision on projects to be included in the state application to FEMA in late spring. All applicants will be informed as to the status of their projects after the state application has been submitted. Please note - project period of performance will not begin until 10/1/2025. Administrative and National Policy Requirements We anticipate that the national priorities from last year will remain the same. Updated information will be provided when the Notice of Funding Opportunity is released, typically around February. State Awarding Agency Contacts State Awarding Agency Contacts Amanda Avard - State Authorized Representative Pam Fruh Pam.Fruh@mt.gov 406-439-5917 Emily Schuff Emily.Schuff@mt.gov 406-417-9236 Genny Lighthiser Genevieve.Lighthiser@mt.gov 406-417-8685 Page 5 of 20 City of Bozeman Bozeman Police Department 48 Project Information Application Information Application Name City of Bozeman Award Requested $300,000.00 Total Award Budget $300,000.00 Primary Contact Information Name Jamie Grabinski Email Address jgrabinski@bozeman.net Address 121 N. Rouse Ave., STE 260 Bozeman, Montana 59715 Phone Number 1 (406) 582-2364 Page 6 of 20 City of Bozeman Bozeman Police Department 49 Project Description SHSP Overview Jurisdiction/Agency Information Entity Name City of Bozeman Police Department Entity Street Address 121 N. Rouse Ave. Entity City Bozeman Entity State MT Entity Zip 59715 Principal Elected Official (PEO) or Commissioner Information The PEO or Commissioner listed has been informed of the submission of this grant and may receive notices about reports submitted by the Authorized Representative. Name of PEO or Commissioner Chuck Winn Title City Manager PEO Email Address cwinn@bozeman.net PEO Phone Number (xxx-xxx-xxxx) 406-582-2306 Project Manager (Authorized Representative) Project Manager First Name Dana Project Manager Last Name McNeil Project Manager Phone Number (xxx-xxx-xxxx) 406-582-2020 Project Manager Email Address dmcneil@bozeman.net Project Manager Street Address 901 N. Rouse Ave. Project Manager City Page 7 of 20 City of Bozeman Bozeman Police Department 50 Bozeman Project Manager State MT Project Manager Zip 59715 Fiscal Officer / Agent Information Fiscal Officer Name Jamie Grabinski Title Grants Coordinator Organization City of Bozeman Fiscal Officer Telephone Number (xxx-xxx-xxxx) 406-582-2364 Fiscal Officer Email Address jgrabinski@bozeman.net Administrative Organization Type County Government Tribal Government Local/City Government State Government Other Non-Profit Entity UEI Number Provide your valid Unique Entity Identification (UEI) number. This is NOT your Employer Identification Number (EIN). Please be aware that the federal government has discontinued use of the Data Universal Number System (DUNS). The Unique Entity Identification (UEI) number is now the required means of entity identification for federal awards government-wide. If you are registered in SAM.gov, you've already been assigned a new UEI. It's viewable in your SAM.gov entity registration record. If you do not know your UEI number, ask your local clerk and recorder or finance person, they will typically have that information. Refer to the link provided for more information regarding this update and how to obtain a UEI number. Click Here for Unique Entity Identifier Update Information Applicant's Unique Entity Identification (UEI) Number (UEI is a 12 digit number with a combination of letters and numbers) EEAPKALAEM35 Page 8 of 20 City of Bozeman Bozeman Police Department 51 Applicant Assessment Fiscal Assessment Has applicant organization substantially changed their financial management and/or grant administration systems in the last 24 months? Yes No Does applicant organization's fiscal officer maintain written policies and procedures regarding the operation of all financial management systems? Yes No Has applicant organization received federal awards directly from a Federal Awarding agency over the last 24 months? Yes No If yes to above, list the grant name, year(s) received and awarding agency name. If there are to many to list enter the most recent 5. FEMA SAFER Grant, CY2024 DOJ Edward Byrne JAG Grant, CY2024 Has the applicant organization applied for any other grant funding to support the project that is being submitted? Yes No Have there been any audit/financial findings for your organization within the last 24 months? Yes No Procurement Procedures For non-state agencies, does your jurisdiction have a locally written and approved procurement policy? Yes No N/A - State Agency If yes to above, please upload your local procurement policy (if applicable) Administrative Order 2023-03 Procurement Policy, Training & Travel, and AP & Credit Card Use.pdf Conflict of Interest Does the jurisdiction have a potential or real conflict of interest? Yes No Non-Tax Revenue Source Does this project fall under a program that is supported by a non-tax revenue source (i.e. enterprise fund)? Yes No If "YES", additional information may be required on the project. Indirect Cost Rate Documents - Only fill this section out if applicable for your organization. Indirect Cost Rate Proposal Indirect Cost Allocation Plan Page 9 of 20 City of Bozeman Bozeman Police Department 52 Indirect Cost Certification Page 10 of 20 City of Bozeman Bozeman Police Department 53 Project Information Instructions APPLICATIONS ARE DUE NO LATER THAN 11:55PM Wednesday, April 9, 2025. Applicants are not guaranteed to receive funding even if the project falls within a state or national priority. Applications that combine multiple projects into a single application will be moved to the bottom of the competitive pool or may be disqualified. To qualify as a single project, all parts of the project must be integral towards achieving one precise objective. If additional items are included in the project that do not support the primary objective, they may be removed from the project application. Applications that do not provide an LEPC ranking or address how the proposed project provides a nexus to terrorism will not be initially evaluated or considered for SHSP funding. Scoring Criteria Attachment E - Criteria with Standard issue Section.pdf PROJECT Please include your entity name in the Project Title. For example: County ABC Warning System. Project Title City of Bozeman Event Surveillance Equipment Project CORE CAPABILITIES Please use the drop-down box to select the core capability the project supports. Applicants must show justification as to how the project supports the core capability. Definitions of the core capabilities are attached below. Core Capabilities Definitions Attachment F - CC Definitions.pdf Select the Primary Core Capability Make your selection from the drop-down box below Screen, Search and Detection NATIONAL PRIORITIES Please use the drop-down box to select the national priority the project supports. If your project does not support a national priority please select "Not a National Priority". Definitions of the national priorities are attached below. National Priorities Definitions Attachment C - National Priorities.pdf Select the National Priority Page 11 of 20 City of Bozeman Bozeman Police Department 54 Make your selection from the drop-down box below. Protection of Soft Targets ENVIRONMENTAL AND HISTORICAL PRESERVATION (EHP) Projects that have the potential to impact the environment and/or historic properties, including but not limited to construction of communication towers or repeaters, modification or renovation of existing buildings, structures, or facilities, updating electrical wiring, or new construction including replacement of facilities, or sonar equipment must participate in the DHS/FEMA Environmental and Historic Preservation (EHP) review process. If you have questions regarding EHP please contact MT DES Grant Section. Does this project require EHP Approval? Yes No Local Emergency Planning Committees (LEPC) or Tribal Emergency Response Commission (TERC) Project Priority Letter LEPC/TERC Project Priority Letter Template Attachment G - LEPC-TERC Project Priority Letter Template.docx Please attach a signed LEPC/TERC project priority letter, required for SHSP sub-recipients. This is not required for state agencies as the governor and HSA prioritize state applications. SAC approved regional projects projects do not count against the 3-project limit. LEPC/TERC Project Priority Letter Memo 250304-01.pdf Project Information Please provide a detailed explanation of the project including how the project supports the priority selected and any identified gaps it addresses. Describe how this project would prevent, protect, or reduce the impact to the community population from terrorism. Remember that individuals from various disciplines will be reading this application so spell out acronyms, use plain language and avoid technical jargon. Project Narrative The purpose of this project is to implement deployable surveillance systems for the Bozeman Police Department at major events. Major events include, but are not limited to concerts, sports games, festivals, and parades which often attract large crowds. It can be challenging to effectively monitor and respond to potential security threats. Thus, implementing deployable surveillance systems offer flexibility and scalability to enhance public safety at major events. A deployable surveillance system supports the primary core capability to screen, search, and detect threats and/or hazards through active and passive surveillance. The system also meets the national priority of enhancing the protection of soft targets/crowded places. With a deployable surveillance system, it provides comprehensive situational awareness in high-density environments that are present with major events. These systems can also serve as deterrents of criminal activity such as vandalism, theft, or acts of terrorism. A secondary benefit for deployable surveillance systems is the intel they provide in the event of a major incident. By providing footage, the system will allow the Bozeman Police and other law enforcement agencies to perform post-analysis, security protocol evaluation, and future event planning improvement. Page 12 of 20 City of Bozeman Bozeman Police Department 55 Please attach supporting documentation like AAR that points directly to the identified gap being addressed. Identified Gap Supporting Document(s) AAR Summary.pdf Please provide a detailed explanation of the project objective(s) and desired measureable outcome(s). The objective(s) of this project should be clear and realistic, with clearly defined and quantified project benefits. The project should reflect specific, measurable, achievable, relevant, and time-bound (SMART) objectives that directly contribute to the achievement of the project goals. Project Objective/Outcome By implementing deployable surveillance systems, Bozeman PD proposes the following: Specific: This proposal seeks funding to acquire portable surveillance equipment for deployment at high-attendance public events and critical incidents. The intent is to provide law enforcement with real-time situational awareness, enhance public safety, and strengthen the deterrence and investigative capacities of agencies operating in crowded or high-risk environments. The surveillance units would be rapidly deployable, network capable,and able to integrate with existing command and control infrastructure. Their presence will allow officers to identify potential threats early, coordinate rapid responses, and support post-incident analysis with high-quality video evidence. Measurable: Success can be quantified through several metrics. First, the number of events covered by the equipment per year can be tracked. Second, data on incident response times, threat identification rates, and arrests or interventions linked to surveillance footage can be gathered and analyzed. Additionally, community surveys and law enforcement reports can assess the perceived deterrent effect and utility of the surveillance presence. Footage retention and evidentiary usage statistics will also provide measurable indicators of operational effectiveness. Achievable: The proposal is grounded in existing law enforcement operations and technology readiness. Portable surveillance systems—such as trailer-mounted cameras, mast units, or wireless camera nodes—are commercially available and field-proven both in the civilian realm (such as providing security at construction sites or parking lots) as well as the law enforcement realm. LE personnel are already trained in basic surveillance and situational monitoring, and integration with existing command infrastructure can be achieved with minimal technical overhead. Procurement, deployment, and training can be executed within 3–6 months of funding, making this a low-risk, high- impact investment. Relevant: This initiative directly supports the mission of preventing terrorism and protecting soft targets by enhancing visibility, improving response coordination, and supporting intelligence gathering. Large public gatherings—such as concerts, sports events, fairs, or parades—are inherently vulnerable to a wide range of threats. Deploying surveillance proactively at these sites hardens them against potential attacks, aids in early detection of suspicious behavior, and helps ensure a coordinated, informed response in the event of an incident. Time-bound: The timeline for implementation is clearly defined. Within the first 30 days of funding, equipment procurement will begin. By day 90, systems will be deployed for field testing and staff will be trained. Within 6 months, the equipment will be fully operational and integrated into event safety plans. Reporting milestones—including usage logs, incident documentation, and operational evaluations— will be submitted at the 6- and 12-month marks to measure progress and impact. Impact of Shareable Resources and Level of Support Please explain the impact this project will have on other entities or jurisdictions. What elements within the project scope may be shared, deployed, or utilized by other entities or jurisdictions? Impact of Shareable Resources Narrative Page 13 of 20 City of Bozeman Bozeman Police Department 56 This project will have a direct, positive impact on neighboring jurisdictions and regional public safety efforts. The portable surveillance equipment being requested is inherently mobile and can be deployed beyond the borders of our agency's jurisdiction. Whether through mutual aid agreements, pre-planned regional events, or emergency response coordination, these assets can be shared with or deployed in support of other law enforcement agencies when the need arises. Specifically, the surveillance systems may be used during large-scale events hosted in neighboring cities, coordinated regional operations, or joint responses to critical incidents. They can be rapidly deployed to provide shared situational awareness, live monitoring, and post-incident evidence collection. This extends their utility beyond our agency and supports a more unified regional approach to soft target protection and terrorism prevention. Additionally, neighboring agencies will benefit from access to recorded footage for investigative purposes, enhanced communication and coordination during joint deployments, and improved overall preparedness across the region. The flexibility and interoperability of these systems ensure that their value extends well beyond our agency, reinforcing a collaborative and resilient public safety network. Will the applicant share the applied for resources with other entities or jurisdictions? Yes - Applicant will share the applied for resources No - Applicant has no intentions of sharing Project only benefits the applicant and resources are not shareable At this time it is not identified if the applied for resources will be shared What procedures has the applicant entity established to ensure the applied for resources will be shared with other entities or jurisdictions? Procedures Narrative The Bozeman Police Department routinely works with other neighboring agencies to provide mutual aid. Incorporating this surveillance equipment will be an “easy lift” for our agency as it will incorporate readily to the work we already do to support: · The Montana State University police at large sporting events, concerts, protests, etc., · The Gallatin County Sheriff’s Office where we routinely respond with our special response team to critical incidents, Presidential/dignitary protection and other rural events. · The Belgrade Police Department, as a nearby sister-city, we routinely back up one another’s agencies during critical incidents. · Neighboring counties from around the state have benefited from ongoing Mutual Aid agreements which the Bozeman police has assisted during critical incidences. We will formally incorporate the surveillance equipment into our mutual aid resource inventory, making it available upon request for neighboring agencies hosting large public events or responding to critical incidents. Requests for deployment will be handled through our agency’s operations command, with coordination occurring at the command staff level to ensure timely and appropriate use. In addition, we will maintain a usage and deployment log to track when and where the equipment is used, by whom, and for what purpose. This promotes transparency and accountability, and allows for after-action reviews and performance evaluations involving all participating entities. We also routinely conduct scenario-based training which can begin to incorporate this equipment. Neighboring agencies would be welcomed to become familiar with the equipment, ensuring that it can be deployed effectively and efficiently regardless of jurisdiction. This reinforces our shared mission of protecting the public while maximizing the utility of federally funded resources. This type of equipment is typically manageable from a distance. Therefore our agency could assist in the deployment and use of this type of equipment nearly anywhere in the state. Please attach any signed letters demonstrating support from other entities or contiguous jurisdictions. Letter of Support Template Attachment D - Letter of Support Template.pdf Page 14 of 20 City of Bozeman Bozeman Police Department 57 Letter of Support 1 MSU-LOS-Signed.pdf Letter of Support 2 LOS Bozeman PD Grant_02Apr25.pdf Letter of Support 3 Letter of Support 4 Letter of Support 5 Tie to Terrorism The State Homeland Security Program assists in preparedness activities that address high-priority preparedness gaps across all core capabilities where a nexus to terrorism exists. Please explain how this project will support state or local efforts to prevent, prepare, or respond to terrorism. Note: Terrorism does not apply to natural disasters. Tie to Terrorism This proposed project directly supports the prevention of terrorism by providing law enforcement with advanced tools to monitor, detect, and respond to suspicious activity in real-time, particularly at soft targets and high-traffic public venues. Portable surveillance equipment enhances our ability to identify potential threats early—before an attack can be carried out—and to coordinate a rapid, informed response if necessary. It also provides critical post-incident evidence that can aid in the identification of perpetrators and the disruption of broader networks. Bozeman, Montana—while not a traditional high-threat metropolitan area—presents unique vulnerabilities due to its rapidly growing population, increasing tourism, and its role as a regional hub. The presence of Montana State University adds a significant layer of concern. MSU regularly hosts large public gatherings including football games, concerts, commencement ceremonies, and other high- profile events that draw thousands of attendees. These settings, by nature, are soft targets: open, crowded, and difficult to secure completely. Universities also present symbolic and ideological targets that have been exploited in other domestic or international plots. With students, faculty, and visitors from across the nation and globe, MSU introduces a higher visibility and broader impact in the event of a major incident. Additionally, Bozeman's status as a gateway to Yellowstone and other national attractions increases the volume of transient populations, complicating threat detection and increasing the value of real-time surveillance. This project will significantly enhance our regional preparedness by deterring potential actors, improving on-site threat recognition, and enabling coordinated multi-jurisdictional responses in areas where permanent infrastructure is not feasible. It ensures we remain vigilant and proactive, even in places that may not be obvious targets but are still vulnerable. Maintenance, Support, and Sustainment Plan Provide detailed information on how the project will be maintained, supported, and sustained following the cessation of federal funding. Maintenance, Sustainment, and Support Plan Based upon current price estimates, the estimated cost to rent/lease and operate two deployment surveillance units for three years is approximately $330,390. We are requesting $300,000 which is approximately 90% of the direct project cost. Our funding model anticipates year one expenses to be the highest in order to fund the rent/lease, set-up, and operation of the systems. During years 2 and 3, we are requesting funding for operations only. This model allows the Bozeman PD to receive the majority of the assistance in the first year to build a critical foundation for the program and then annually budget for operations and maintenance in the following years. Additionally, we are not requesting any funding for management and administration in order to roll that savings back into the direct program costs. Page 15 of 20 City of Bozeman Bozeman Police Department 58 During this 3-year scope, our agency will gain hands-on experience deploying, operating, and maintaining mobile surveillance systems in a variety of real-world scenarios. This initial phase will serve as an educational period, allowing us to refine deployment protocols, develop standard operating procedures, and identify best practices that will carry forward beyond the life of the initial funding. Equally important, the project will generate a wealth of data and operational insight that can be used to evaluate the equipment’s effectiveness. We will document deployments, monitor outcomes, and collect metrics such as incidents identified through surveillance, and footage used in investigations. This data will help us get a better idea of how to effectively use this type of technology. In addition, by working closely with neighboring agencies, we will gain a regional understanding of shared needs and how this equipment functions in various contexts. This will inform future regional grant proposals, cooperative funding strategies, and the potential creation of a shared resource pool. Our reports and after-action reviews will form the basis of a well-documented case for future support, whether through local budgets or other funding opportunities. Ultimately, this project will not only enhance security in the short term but will also provide the operational, procedural, and analytical groundwork needed to sustain and scale the program into the future. Page 16 of 20 City of Bozeman Bozeman Police Department 59 Budget Proposed Budget Summary Expense Budget Grant Funded Total Budgeted Consultants/Contracts 3 Year Software Subscriptions $195,587.00 $195,587.00 Deploy surveillance units $104,413.00 $104,413.00 Subtotal $300,000.00 $300,000.00 Total Proposed Cost $300,000.00 $300,000.00 Revenue Budget Grant Funded Total Budgeted Grant Funding Award Requested $300,000.00 $300,000.00 Subtotal $300,000.00 $300,000.00 Total Proposed Revenue $300,000.00 $300,000.00 Proposed Budget Detail See attached spreadsheet. Proposed Budget Narrative Consultants/Contracts Include specifics in the narrative section. Applicants must detail out in the Narrative field what expenses are being requested under this line item. 3 Year Software Subscriptions This line item is for two different types of software subscriptions. The first software as a service (SaaS) allows a number of subscribing users to access data collected from the deployment units. The second service allows for remote monitoring and control of the generator that powers the deployable units. Deploy surveillance units Rental/lease cost of two (2) deployable mobile surveillance hardware units. This expense will be in Year 1 of the project only. Page 17 of 20 City of Bozeman Bozeman Police Department 60 Performance Plan Proposed Performance Plan Quarter 1 - 10/1/25 to 12/31/25 Goal Name Goal Type Goal Details Grant award execution and RFP Milestone Due Date 12/31/2025 Quarter 2 - 1/1/26 to 3/31/26 Goal Name Goal Type Goal Details Training Percentage Achieved Desired Percentage 20.00% Quarter 3 - 4/1/26 to 6/30/26 Goal Name Goal Type Goal Details Training, Equipment, Outreach Percentage Achieved Desired Percentage 40.00% Quarter 4 - 7/1/26 to 9/30/26 Goal Name Goal Type Goal Details Training, Deployment Percentage Achieved Desired Percentage 60.00% Quarter 5 - 10/1/26 to 12/31/26 Goal Name Goal Type Goal Details Deployment Percentage Achieved Desired Percentage 80.00% Quarter 6 - 1/1/27 to 3/31/27 Goal Name Goal Type Goal Details Deployment and integration Percentage Achieved Desired Percentage 100.00% Page 18 of 20 City of Bozeman Bozeman Police Department 61 Quarter 7 - 4/1/27 to 6/30/27 Goal Name Goal Type Goal Details System integration and continuation Milestone Due Date 06/30/2027 Quarter 8 - 7/1/27 to 9/30/27 Goal Name Goal Type Goal Details Project continuation Milestone Due Date 09/30/2027 Proposed Performance Narrative Quarter 1 - 10/1/25 to 12/31/25 Please provide goals or milestones to account for anticipated project activities being accomplished during the first quarter. Grant award execution and RFP During quarter 1, the award will be fully executed and the RFP for procurement will be completed Quarter 2 - 1/1/26 to 3/31/26 Please provide goals or milestones to account for anticipated project activities being accomplished during the second quarter. Training Training begins for Bozeman PD officers and the procurement will be finalized and order completed. Quarter 3 - 4/1/26 to 6/30/26 Please provide goals or milestones to account for anticipated project activities being accomplished during the third quarter. Training, Equipment, Outreach A. 100% of needed BPD staff will be trained. B. Equipment is tested during non-critical events (parade or other pre- planned social event.) C. Equipment integration with first responders and available for critical incidents. D. Outreach to other agencies for training/equipment sharing. Quarter 4 - 7/1/26 to 9/30/26 Please provide goals or milestones to account for anticipated project activities being accomplished during the fourth quarter. Training, Deployment Page 19 of 20 City of Bozeman Bozeman Police Department 62 A. 100% of participating/neighboring agencies trained. B. Equipment in use with neighboring agencies. Quarter 5 - 10/1/26 to 12/31/26 Please provide goals or milestones to account for anticipated project activities being accomplished during the fifth quarter. Deployment Systems in place so trained employees within BPD and partnering agencies are performing with equipment. Quarter 6 - 1/1/27 to 3/31/27 Please provide goals or milestones to account for anticipated project activities being accomplished during the fifth quarter. Deployment and integration A. Systems are well integrated into pre-planned events and critical incidents. B. Assessments of system shortcomings and needed improvements. Quarter 7 - 4/1/27 to 6/30/27 Please provide goals or milestones to account for anticipated project activities being accomplished during the fifth quarter. System integration and continuation A. Establish efficacy of integrating systems into emergency response. Quarter 8 - 7/1/27 to 9/30/27 Please provide goals or milestones to account for anticipated project activities being accomplished during the fifth quarter. Project continuation If the program is effective, BPD will adopt additional funding and continue the project. Page 20 of 20 City of Bozeman Bozeman Police Department 63 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Notice of Award to Duneman Construction, Inc. for Construction of the 2025 Oak and Flanders Mill Intersection improvements Project MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Approve and Authorize the City Manager to Sign a Notice of Award to Duneman Construction, Inc. for the Total Schedule 1 Base Bid Plus Miscellaneous Work, in the Amount of $272,378.50 STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:Attached is a copy of the Notice of Award for the above referenced project. The project generally involves: concrete, asphalt, signage, and striping work to reconfigure the intersection of Flanders Mill and West Oak Street for the purpose of safety improvements. The contract is to be completed within 45 calendar days of the issuance of the notice to proceed. Bids for the above-referenced project were opened on April 24th with 2 bids being submitted. The low bid was submitted by Duneman Construction, Inc in the amount of $272,378.50 for the base bid plus miscellaneous work. The Bid Tabulation for the project is attached. UNRESOLVED ISSUES:None ALTERNATIVES:Disapprove FISCAL EFFECTS:Funding has been appropriated in the FY25 Budget as project STR20 for $50,000 and SIF188 for $150,000; and and paid for from the Arterial and Collector Fund, Street Maintenance Fund and remainder from FY26 Arterial and Collector Fund Savings. Attachments: Notice of AWARD - 2025 Oak-Flanders Intersection.docx Bid Tab - 2025 Oak and Flanders Mill Intersection Improvements.pdf 64 Report compiled on: April 24, 2025 65 NOTICE OF AWARD Dated: __________________________ TO: Duneman Construction, Inc ADDRESS: 8670 Trooper Trail, Bozeman, MT 59715 PROJECT: 2025 Oak and Flanders Mill Intersection Improvements Project CONTRACT FOR: Schedules 1, Miscellaneous Work You are notified that your Bid dated April24th, 2025, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for intersection improvements at West Oak Street and Flander Mill Road. The ContractPrice of your Contract is:two hundred seventy two thousand three hudred seventy eightand 50/100 Dollars ($272,378.50). Three copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by _______ . 1.You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2.You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (page 7), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC-5.02). 3.List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________BY: ____________________________ (CITY MANAGER)(CITY CLERK) DATE: _______________________________ 66 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: Duneman Construction, Inc 10089 x x $272,378.50 Knife River - Belgrade 151842 x x $299,905.50 Mike Maas Kellen Gamradt City Clerk Engineer II Bid Check:Delivered to Finance:Accepted By:Date: Bid Tab - 2025 Oak & Flanders Mill Intersection Improvements Project These bids were opened and read before the undersigned at 2:00 pm on Tuesday, March 11th, 2025 Docusign Envelope ID: 9924214D-21CF-446D-8B89-320E9BF4B086 67520 Memorandum REPORT TO:City Commission FROM:Tyler Cummins, SCADA Manager Shawn Kohtz, Utilites Director SUBJECT:Authorize the City Manager to sign an agreement for the upgrade of the Water Reclamation and Water Sewer Supervisory Control and Data Acquisition, or SCADA system. MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign an agreement for the upgrade of the Water Reclamation and Water Sewer SCADA system. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:The Water Reclamation Facility (WRF) and Water Sewer Department (WSD) are operating outdated Supervisory Control and Data Acquisition (SCADA) software. SCADA allows City staff to remotely monitor and operate many components of its water and sewer systems. Upgrading to the latest version of the existing system is more expensive than transitioning to a new, more user-friendly, cost-effective, and reliable SCADA solution. Signing this EULA will allow city staff to proceed with the transition to the new SCADA solution. City staff obtained two quotes in compliance with the City's procurement policy with the lowest cost solution selected. UNRESOLVED ISSUES:None ALTERNATIVES:Do nothing FISCAL EFFECTS:The SCADA system upgrade will be paid from the Sewer Fund with sufficient funds budgeted for the work. The cost of the upgrade is $18,244.74. Transitioning to the new software is projected to save the city approximately $6,000 annually in total support costs. Attachments: City of Bozeman - Addendum to IA EULA Addendum - (IA Draft) - 04.09.25.docx Ignition Quote.pdf 68 Q-Mation Quote.pdf Report compiled on: April 17, 2025 69 1 ADDENDUM TO THE INDUCTIVE AUTOMATION END USER LICENSE AGREEMENT This Addendum to the Inductive Automation End User License Agreement (“Addendum”) is entered into as of [__], 2025 (“Addendum Effective Date”) by and between Inductive Automation, LLC (“Inductive Automation”) and [the City of Bozeman, Montana] (“Buyer” or “You”) (each a “Party”, and collectively the “Parties”). The term of this Addendum will commence on the Addendum Effective Date and continue until terminated as provided in Section 4 of this Addendum (the “Addendum Term”). Capitalized terms not otherwise defined in this Addendum will have the meanings assigned to them in the EULA. In consideration of the mutual promises contained herein and for other good and valuable consideration, and intending to be legally bound hereby, the undersigned Parties agree as follows: 1.Relationship to the EULA.The Parties acknowledge and agree that with respect to its subject matter, this Addendum supplements, and will supersede any conflicting provisions of, any and all versions of the Inductive Automation End User License Agreement (“EULA”) that are in effect between Inductive Automation and Buyer during the Addendum Term, including without limitation any new or updated version of the EULA released or maintained by Inductive Automation. For the purposes of clarity: (i) this Addendum will apply to versions of the EULA that Inductive Automation and Buyer enter into after the Addendum Effective Date; and (ii) this Addendum constitutes “Supplemental Terms” as such term is defined and used in the EULA. Except as expressly modified by the terms of this Addendum, all the terms and conditions of the EULA will remain in full force and effect. 2.Your Responsible Claims.The Your Responsible Claims provision in the EULA is hereby deleted in its entirety. On the Addendum Effective Date, the Your Responsible Claims provision in the EULA is identified as Section 15.5 thereof. 3.Governing Law and Jurisdiction.The Governing Law and Jurisdiction provision in the EULA is hereby deleted in its entirety and replaced with the following: “Governing Law and Jurisdiction.This EULA will be governed by and construed in accordance with the Laws of the State of Montana, without regard to the principles of conflicts of law, and any dispute, controversy or claim arising out of, relating to or in connection with this EULA will be brought exclusively in the state or federal courts of competent jurisdiction sitting in the County of Gallatin, Montana. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this EULA. Each party consents to the personal jurisdiction, venue and convenience of such courts.” On the Addendum Effective Date, the Governing Law and Jurisdiction provision in the EULA is identified as Section 15.11 thereof. 4.Termination of this Addendum. 4.1. Termination of the EULA. This Addendum will automatically terminate upon termination or expiration of the EULA. 4.2. Effect of Termination. Sections 2 and 3 of this Addendum will survive the termination of this Addendum and will continue to supersede the applicable terms and provisions of the EULA thereafter. Sections 4.2 and 5 of this Addendum shall survive the termination of this Addendum. 70 2 5.General. 5.1. Severability. If any provision of this Addendum is found by a competent judicial authority to be unenforceable in any respect, such provision will be limited or eliminated to the minimum extent necessary so that the remainder of this Addendum will continue in full force and effect. 5.2. Amendment. This Addendum may only be amended in writing signed by authorized representatives of the Parties. 5.3. Governing Law and Jurisdiction. This EULA will be governed by and construed in accordance with the Laws of the State of Montana, without regard to the principles of conflicts of law, and any dispute, controversy or claim arising out of, relating to or in connection with this EULA will be brought exclusively in the state or federal courts of competent jurisdiction sitting in the County of Gallatin, Montana. Each Party consents to the personal jurisdiction, venue and convenience of such courts. 5.4. Entire Agreement. This Addendum, together with the EULA and all other Supplemental Terms, constitutes the entire agreement between the Parties with respect to the subject matter contained in this Addendum, the EULA and all other Supplemental Terms, and supersedes all previous agreements pertaining to such subject matter. Except for the EULA and any other Supplemental Terms, all prior agreements, representations, warranties, statements, negotiations, understandings, and undertakings are superseded hereby including, but not limited to, Buyer’s purchase orders and/or terms and conditions, and whether made or provided before or after the Addendum Effective Date. For the avoidance of doubt, this Addendum does not supersede any support or maintenance agreement(s) entered into by the Parties. 5.5. Assignment. Neither party will delegate, subcontract, assign, transfer or otherwise dispose of this Addendum, or any of its rights, interests or obligations under this Addendum without the prior written consent of the other party, which consent will not be unreasonably withheld, conditioned or delayed; provided, that either party may assign all of its rights and obligations under this Addendum, without the other party’s consent, (i) to an Affiliate or (ii) in connection with a merger, acquisition, corporate re-organization, sale of all or substantially all of such party’s assets, or any similar transaction. This Addendum shall be binding on any permitted successors and assigns. Any purported delegation, subcontract, assignment, transfer or other disposition in violation of this Section 5.6 will be null and void. [signature page follows] 71 3 IN WITNESS WHEREOF, each of Inductive Automation and Buyer has caused this Addendum to be signed and delivered by its duly authorized representative as of the Addendum Effective Date. [City of Bozeman, Montana]Inductive Automation, LLC By: ______________________________By: ______________________________ Printed Name:______________________Printed Name:______________________ Title: _____________________________Title: _____________________________ Date: _____________________________Date: _____________________________ 72 Quote City of Bozeman Quote #1365345 THIS QUOTE, AND ANY RELATED SALE, IS NULL AND VOID IF ALTERED IN ANY MANNER BY ANYONE OTHER THAN AUTHORIZED INDUCTIVE AUTOMATION PERSONNEL. THIS QUOTE IS VALID ONLY TO THE PARTY TO WHOM IT IS ISSUED AND IS NOT VALID AND MAY NOT BE TRANSFERRED TO ANY OTHER PARTY Page 1 of 2 Fax (916) 932-1194 inductiveautomation.com Ph (800) 266-7798 Intl (916) 456-1045 Inductive Automation 90 Blue Ravine Road Folsom, CA 95630 USA Product TotalQtyPrice Bill To: City of Bozeman Tyler Cummins 121 N Rouse Ave. Bozeman, MT 59715 US Ship To: City of Bozeman Tyler Cummins 121 N Rouse Ave. Bozeman, MT 59715 US Ignition Custom Package 8.1 / 3 Clients (Primary Server) - Ignition Platform - OPC UA Server Module - Core Drivers - Alarm Notification Module - Voice Notification - English Female (Katherine) - Voice Notification Module - Tag Historian - Symbol Factory - Vision Client - Vision Module Limited $9,809.00 1 $9,809.00 Ignition Custom Package 8.1 / 3 Clients (Redundant Server) - Ignition Platform - OPC UA Server Module - Core Drivers - Alarm Notification Module - Voice Notification - English Female (Katherine) - Voice Notification Module - Tag Historian - Symbol Factory - Vision Client - Vision Module Limited $4,904.50 1 $4,904.50 PriorityCare Support Plan: Bozeman, MT Term: Mar 04, 2025 - Jun 02, 2026 Includes 90 days of free Post-Sales Support PriorityCare is our premium support offering, providing unlimited phone, email, and web support at our highest priority level, as well as free software upgrades and 15% discounts on training courses. $3,531.24 1 $3,531.24 Price $18,244.74 Subtotal $18,244.74 Quote valid: March 4, 2025 - May 3, 2025 Payment Terms: Net 30 73 Quote City of Bozeman Quote #1365345 THIS QUOTE, AND ANY RELATED SALE, IS NULL AND VOID IF ALTERED IN ANY MANNER BY ANYONE OTHER THAN AUTHORIZED INDUCTIVE AUTOMATION PERSONNEL. THIS QUOTE IS VALID ONLY TO THE PARTY TO WHOM IT IS ISSUED AND IS NOT VALID AND MAY NOT BE TRANSFERRED TO ANY OTHER PARTY Page 2 of 2 Fax (916) 932-1194 inductiveautomation.com Ph (800) 266-7798 Intl (916) 456-1045 Inductive Automation 90 Blue Ravine Road Folsom, CA 95630 USA Sales Tax $0.00 Total $18,244.74 USD Comments Notes This quote was generated on March 4, 2025The software is delivered electronically. Please let me know if you need any adjustments Regards, Chris Andersen Technical Sales Representative 1.916.302.1288 DL 1.800.266.7798 ext. 346 (Within USA) 1.916.456.1045 ext. 346 (International) Quote valid: March 4, 2025 - May 3, 2025 Payment Terms: Net 30 74 75 76 77 78 79 Memorandum REPORT TO:City Commission FROM:Kellen Gamradt, Engineer II Nicholas Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to Sign a Construction Agreement for the 2025 Sidewalk Grinding Project, with Precision Concrete Cutting, Inc., for the Purpose of Removing Trip Hazards from City Sidewalks MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Construction Agreement for the 2025 Sidewalk Grinding Project, with Precision Concrete Cutting, Inc., for the Purpose of Removing Trip Hazards from City Sidewalks STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:Over time, public sidewalks can become uneven, creating trip hazards for pedestrians traveling within City right-of-way. Generally, sidewalk maintenance is the adjacent property owner’s responsibility; however, there are certain instances where sidewalk maintenance responsibility falls on the City. To address these circumstances, the City sets aside a small annual budget for sidewalk grinding to remove trip hazards. Bids for the above-referenced project were opened on April 3, 2025 with 1 bid being submitted. The bid was submitted by Precision Concrete Cutting, Inc. in the amount of $23,100.00 for the base bid schedule 1 work. The Bid Tabulation for the project is attached. This bid is commensurate with the work involved. Executed contract documents will be available online and retained in the City Clerk’s office. UNRESOLVED ISSUES:None ALTERNATIVES:Disapprove FISCAL EFFECTS:Funding has been appropriated in the FY26 Budget as a street maintenance operating expense for $38,000 Attachments: Notice of Award - Precision Concrete Cutting - 2025 Sidewalk Grinding.docx 80 Copy of Bid Tab - 2025 Sidewalk Grinding.pdf Report compiled on: April 14, 2025 81 NOTICE OF AWARD Dated: __________________________ TO: Precision Concrete Cutting, Inc ADDRESS: 3191 N Canyon Road, Provo, UT 84604 PROJECT: Sidewalk Grinding Project CONTRACT FOR: Schedule 1 You are notified that your Bid dated April 3, 2025, for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for the City of Bozeman 2025 Sidewalk Grinding Project. The Contract Price of your Contract is:Twenty Three Thousand One Hundred Dollars & 00/100 ($23,100.00). Three copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that is, by ________________ . 1.You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2.You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders (page 7), General Conditions (paragraph 5.01) and Supplementary Conditions (paragraph SC-5.02). 3.List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions (paragraph 5.03) and Supplementary Conditions (paragraph SC-5.04). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten (10) days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN, MONTANA ATTEST: BY: __________________________________BY: ____________________________ (CITY MANAGER)(CITY CLERK) DATE: _______________________________ 82 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: Precision Concrete Cutting 207510 x x $23,100.00 Mike Maas Karl Johnson City Clerk Engineer II Bid Check:Delivered to Finance:Accepted By:Date: Bid Tab - 2025 Sidewalk Grinding These bids were opened and read before the undersigned at 2:00 pm on Thursday, April 3rd, 2025 Docusign Envelope ID: 9BC84C30-49F2-4932-959B-725F90BB6AED 83519 Memorandum REPORT TO:City Commission FROM:Chris Saunders, Community Development Manager Erin George, Community Development Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement Term Contract with Economic and Planning Systems, or EPS for Professional Services to Support Population Projections for Update to the Land Use Plan and Task Order 11 under the Term Contract MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement Term Contract with Economic and Planning Systems (EPS) for Professional Services to Support Population Projections for Update to the Land Use Plan and Task Order 11 under the Term Contract STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth understanding of how Bozeman is growing and changing and proactively address change in a balanced and coordinated manner. BACKGROUND:Term Contract Background: Economic and Planning Systems, Inc. (EPS) and their team members Bridge Economic Development and Agency Landscape + Planning were selected for a five year term contract following a competitive request for proposals (RFP) process. EPS and their team will provide highly technical professional services. The Term Contract enables the City to maintain a continuity of advice and approach across projects, ordering services from the overall scope of service as needed using written task orders. Task Order 1 Background: The City is required to update its plan for land use and development every five years. The City's Bozeman Community Plan 2020 was adopted in 2020. State law governing land use planning changed in 2023 and requires a robust analysis of expected conditions and changes for population and housing needs over the 20 year planning period with more detail than required in the past. The past five years have been unusual in development patterns and economic conditions across the nation. National trends are having an increasing impact on all of the Gallatin valley. Simply assuming a continuation of existing conditions is not likely to be a reliable indication of future conditions. The economy continues to rapidly evolve. Due to workload and specialized skills, the City wishes to retain EPS professional 84 services to consider several population projections to enable the City to identify and consider alternative outcomes. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the City Commission FISCAL EFFECTS:Funds for this work have been budgeted. Project cost is $24,030. Attachments: Task Order - EPS population projections.pdf 233073 Population Forecast Scope 04-18-2025.pdf Report compiled on: April 21, 2025 85 City of Bozeman Term Contract with Economic & Planning Systems, Inc. Task Order Number 11: Land Use Plan Population Projections PROJECT: Land Use Plan population projections Issued under the authority of the City of Bozeman Professional Services Agreement Term Contract with Economic and Planning Systems, Inc. to support Economic Development and Community Housing programs. This Task Order is dated April 21, 2025, between the City of Bozeman Community Development Department and Economic & Planning Systems, Inc. (EPS) (Contractor). The following representatives have been designated for the work performed under this Task Order: City: Chris Saunders, Community Development Manager Contractor: Brian Duffany, Principal, Economic & Planning Systems SCOPE OF WORK: Population projections in support of the update to the City’s land use plan as required under the Montana Land Use Planning Act. COMPENSATION: EPS will bill for its services on a time and materials basis not to exceed $24,030. IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order: City of Bozeman Economic & Planning Systems Chuck Winn Brian Duffany Interim City Manager Principal 86 Economic & Planning Systems, Inc. 233073 Population Forecast Scope 04-18-2025 1 Project Understanding Montana law requires local governments to take steps to increase the housing supply through their Growth Policy (comprehensive plan) and related land use regulations. The Growth Policy needs to include projections or forecasts of housing demand and population over the next 20 years. The City has requested this Scope of Work from EPS to prepare housing demand forecasts for the City. Due to the complexity of the housing market in Bozeman and Gallatin County, the City would like to present different housing demand estimates that show how different economic and demographic factors affect housing demand in this region. Since the housing market is regional the forecasts may not be limited to the Bozeman city limits and include demand in areas around Bozeman in unincorporated Gallatin County or that could be potentially annexed into the City. We will work with the City’s project manager to define the forecast scenarios with more specificity. For scoping discussions, three forecasting methods and scenarios are outlined below. • Employment driven (baseline) – The baseline forecast is proposed to be based on a jobs forecast. This is similar to what is included in the annual Market Reports prepared by EPS. Job growth is converted to labor force demand, then household formation, and housing unit demand. We may add factors to account for vacation home and part-time resident (second home) demand to the baseline forecast. • Amenity driven – This scenario explores a shift in the housing market in which a larger proportion of the housing built is not occupied by full-time residents, and is therefore not contributing to full-time population who list their primary residence as Bozeman (i.e. how the Census counts people by place of residence). • Constrained City forecast – This scenario explores how growth might be re- allocated across Gallatin, Park, and Broadwater Counties if infrastructure constraints, high housing costs, and or other factors limit housing production in the Gallatin Valley and push demand to other areas. We anticipate starting the forecasts at the County level and then allocating the forecasts to Bozeman/Greater Bozeman (and potentially other jurisdictions) based on trends in market share (capture of growth). 87 Economic & Planning Systems, Inc. 2 Task 1 – Baseline trends The first task is to assemble a series of baseline data and trends that will be used to inform discussions with the City on defining the forecast scenarios. The types of data we will collect and update from previous work will include but not be limited to the initial list below. Most data will be sourced from the American Community Survey (ACS) and federal economic data sources like the Bureau of Labor Statistics (BLS) and Bureau of Economic Analysis (BEA) • Population, household, and housing unit trends • New construction building permits by type (from City, County, other jurisdictions as available) • Renter/owner splits • Mix of housing unit types • Occupancy status (occupied, second homes, vacant) • Migration trends (in/out of Gallatin County) • Length of residency • Jobs and unemployment • Calculate share of County growth for each jurisdiction where data can be disaggregated • Other published forecasts from the State or other public forecast providers EPS will compile and analyze the data, looking for trends that will inform how we structure the forecasts and what factors or assumptions we should hold constant or change over time. Task 2 – Forecast development check in EPS will compile notable trends and observations into a concise working slide deck or Excel workbook. The focus will be on the technical aspects of data and trends; it is not intended for publication and distribution. We will meet virtually with City staff to review the trend data and discuss how to structure the forecasts. Task 3 – Forecast analysis EPS will take the information from Task 1 and input from the City in Task 2 and create two to four forecast scenarios. The forecasts will be for a 25-year time period. The key variables to report out from each forecast may include: • Population and households • Housing units • Jobs • Location allocation by jurisdiction or general area for each. 88 Economic & Planning Systems 3 • Specifically allocate forecasted growth to the City of Bozeman and calculate the related land demand. The forecasts will not use statistical analysis such as multivariat regression or regional economic models such as REMI. The forecasts will be developed in a Microsoft Excel using factors and assumptions to forecast growth and allocate it by housing type and area. These factors and assumptions will however be based on research and analysis. Task 4 – Review draft forecasts EPS will provide the City with a working draft slide deck and/or excel workbook summarizing the forecast scenarios. We will meet again virtually to review and discuss the initial findings. Task 5 – Revisions and summary report From the comments received in Task 4, EPS will make any necessary revisions and conduct follow-up research. The revised forecasts and supporting data will be compiled into a Draft Report, followed by a Final Report after receiving a set of consolidated comments from the City. Budget The budget shown below will not exceed $24,030 without authorization from the client. The estimated allocation of labor by staff person and task is shown only for planning purposes. EPS may allocate costs across tasks and staff level as needed so long as the total budget is not exceeded. 89 Economic & Planning Systems, Inc. 4 Description Principal [1]Associate Research/ Support Total Billing Rate (2025 rates)$255 $160 $120 Task 1 – Baseline trends 2 16 16 $4,990 Task 2 – Forecast development check in 2 4 0 1,150 Task 3 – Forecast analysis 8 40 8 9,400 Task 4 – Review draft forecasts 2 4 0 1,150 Task 5 – Revisions and summary report 8 24 8 6,840 Subtotal 22 88 32 $23,530 Expenses Data acquisition $500 Total Cost $24,030 Source: Economic & Planning Systems Z:\Shared\Projects\DEN\233073 Bozeman MT Advisory Services\Population Forecast Task\[233073 Pop Forecast Budget.xlsx]Budget 90 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nick Ross, Director of Transportation and Engineering SUBJECT:Authorize the City Manager to a Maintenance Agreement with the Montana Department of Transportation for Bozeman Main Street Lighting Project MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to a Maintenance Agreement with the Montana Department of Transportation for Bozeman Main Street Lighting Project STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The intent of this agreement is to define maintenance responsibilities between the Montana Department of Transportation (MDT) and city of Bozeman (city) for the Bozeman Main Street Lighting project. The Bozeman Main Street Lighting Project was initiated by the Downtown Urban Renewal District in partnership with the Midtown Urban Renewal District to extend the Downtown Pedestrian lighting between Grand Avenue and North 7th Avenue on the north side of Main Street. This initiated to coincide with two current development projects on Main Street and N 5th Avenue. The construction will take place in several phases with the initial phase happening in the spring of 2025. The project is funded through the Urban Renewal Districts. Staff has reviewed the agreement and recommends authorizing the City Manager to sign the agreement. UNRESOLVED ISSUES:None. ALTERNATIVES:None identified or recommended. FISCAL EFFECTS:Funding for the construction and the ongoing maintenance of the project is provided by the Urban Renewal Districts. Attachments: Main Street Lighting_MDT Maintenance Agreement.docx Exhibit B_Main Street Lighting Plans.pdf 91 Report compiled on: March 14, 2025 92 Project Name Bozeman Main Street Lighting Project Address N/A MDT Maintained Route (Route)Main Street (N-50) Reference Post RP88.6 – 88.9 Project Developer/Encroachment Applicant City of Bozeman Name of City or Municipality (City)City of Bozeman Address of City or Municipality 121 N Rouse Ave, Bozeman, MT 59715 Current IDC Rate for Fiscal Year Year: 2025 11.32% Current year MDT Nondiscrimination and Disability Accommodation Notice Revised (Month/Year): 01/2022 Attachment A This Agreement by and between City and the Montana Department of Transportation (MDT, Department, or State), establishes the responsibilities and duties of the parties in respect to Project activities on a portion of Main Street located within theCity. The purpose of this Agreement is to set forth the respective responsibilities and duties of the Parties associated with the installation and maintenance of the Project Specific Features within the above referenced MDT right-of-way, a commission-designated highway system, per the approved plans (Attachment B) received from the Developer. This Agreement sets forth terms regarding the City’s maintenance responsibilities for the Project that the City must meet for MDT to provide the Developer the necessary Encroachment Permit to install the Project Specific Features. Any Encroachment Permit granted to the Developer by this Agreement is explicitly subject and subordinate to the rights and title of MDT and the State of Montana and the attached General Terms and Conditions. Project Features Select the checkbox next to every feature listed below that your project includes and that you intend to address in the current agreement. Standard language is provided in the template for these features. (See Article III Project Specific Features) ☐1. Landscaping and/or Irrigation ☐4. Shared-Use Path* ☐2. Sidewalks*⾙ 5. Lighting ☐3. Sidewalk Benches/Bike Racks/Other Sidewalk Amenities* *Submit preliminary plans to MDT external ADA coordinator in Helena for compliance review. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representative effective as of the date of final signature. Have the Following General Terms and Conditions of this agreement been modified? Yes ☐ No ⾙ STATE OF MONTANA Department of Transportation MAINTENANCE AGREEMENT 93 MDT City X Dated: District Administrator X Dated: City Attorney X Dated: City Manager/Mayor X Dated: City Clerk Copy: MDT Office of Civil Rights (DocuSign Notification) 94 General Terms and Conditions AGREEMENT ARTICLE I. GENERAL OBLIGATIONS OF MDT 1.If the City does not fulfill their maintenance requirements as stated herein, MDT may complete the required maintenance and seek compensation from the City. In doing so, MDT must first provide notice to the City allowing 60 days to complete any such maintenance. If MDT performs such maintenance under this section, it must provide detailed invoices of such costs to the City. 2.MDT may complete any maintenance required due to public emergency and seek compensation from the City for any costs incurred. In doing so, MDT may first provide notice to the City when possible, allowing time to complete any such maintenance. If MDT performs maintenance under this section, it must provide detailed invoices of such costs to the City. ARTICLE II. GENERAL OBLIGATIONS OF THE City 1.The City agrees that no fixture, building, structure, or other permanent installation will be constructed or placed within commission designated right-of-way without prior written approval from MDT. 2.The City agrees any maintenance within MDT right-of-way that requires lane closure or equipment must be reviewed and approved by MDT maintenance staff prior to initiation of the maintenance. 3.The City shall complete the necessary environmental processes for modification to the state highways and roadways and demonstrate that all, if any, environmental issues associated with the proposed project have been identified and mitigated. The City agrees it will prepare and file any required environmental documents and apply for and obtain any permits required by other governmental agencies at no expense to MDT prior to maintenance taking place within commission designated right-of-way. 4.The City agrees to be responsible for any and all damages to facilities within commission designated right-of- way caused by the City, the City’s staff or contractors, or resulting from the City’s operations. The City must repair any and all damages, at its sole expense, after notification of damage by MDT and approval of repair work needed, method of repair, and schedule for repair. 5.If the City fails to perform or cause to be performed, the maintenance obligations as required by this agreement within 60 days of written notification from MDT, MDT may complete the required maintenance and the City shall be required to compensate MDT for its performance of said maintenance. 6.MDT may complete any maintenance required due to a public emergency without prior notice to the City. The City agrees to be responsible for and to reimburse MDT for said maintenance. ARTICLE III – PROJECT SPECIFIC FEATURES 1.Lighting a.Upon completion of the project, the City agrees that it is responsible, at no cost to MDT, to service, maintain, repair and pay the costs of operating (including utility costs) the decorative and/or pedestrian lighting installed as part of this project. b.For the purposes of this Agreement, “maintenance of street lighting”, is defined as: the inspection of the lighting system for operation, cleaning lamps, lenses and reflectors, stocking of replacement parts, bulb replacement, and repairs to and replacement of damaged fixtures. c.Any major repair costs for lighting damage not recoverable from third parties shall be the responsibility of the City. 95 d.If the cost of energy is raised by the utility company, the City , town or special improvement district shall pay their proportionate share of the rate increase. 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 has violated or breached any term, condition or article of this Agreement and the City has failed to correct the same within 60 days of receiving notice in writing addressed to the C City at the addresses shown above, from MDT of such violation or breach of any term condition or article of this Agreement. If this Agreement is terminated, the improvements become the property of MDT, without reimbursement. MDT will maintain the Project as it sees fit and may remove it without City approval. MDT may seek compensation for maintenance or removal of the Project from the City. 3.Hold Harmless & Indemnification 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. 4.Insurance a.General Requirements: Each party shall maintain for the duration of this Agreement, at its own cost and expense, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the duties and obligations in this Agreement by each party, its agents, employees, representatives, assigns, or sub-contractors. This insurance shall cover such claims as may be caused by any negligent act or omission. b.General Liability Insurance: Each party shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $1 million per occurrence and $2 million aggregate per year to cover such claims as may be caused by or arising out of any negligent acts or omissions in work or services performed under this Agreement, or as established by statutory tort limits as provided by a public entity self-insurance program either individually or on a pool basis as provided by Mont. Code Ann. Title 2, Chapter 9. c.General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana or by a public entity self-insured program either individually or on a pool basis. Each party must notify the other immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. Each party reserves the right to request complete copies of the other party’s insurance policy or self-insured memorandum of coverage at any time. d.Workers’ Compensation Insurance: The City 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. 96 Code Ann. §§39-71-401 and 39-71-405. Neither the contractor nor its employees are employees of MDT. This insurance/exemption must be valid for the entire Agreement period. 5.Public Safety If any repairs to the elements of the Project must be performed to address or prevent a public hazard, the City will immediately protect the area from public access, and make reasonable and timely effort to correct or repair the hazard. 6.Invoicing and Indirect Cost (IDC) Section 17-1-106, MCA, requires any state agency, including MDT, which receives non-general funds to identify and recover its indirect costs (IDC). These costs are in addition to direct project costs. MDT’s IDC rate is determined annually as a percentage of the project’s direct costs to cover the project’s share of MDT’s IDC as defined by 2 CFR Part 200, Appendix VII. 7.Choice of Law and Venue This Agreement shall be governed by the laws of Montana. The parties agree that any litigation concerning this Agreement must be brought in the First Judicial District Court, in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees, except as otherwise noted in this Agreement on Indemnification. 8.Binding Effect – The benefits and obligations set forth in this Agreement shall be binding upon, and inure to the benefit of, their respective successors, administrators and assigns of the Parties. 9.Relationship of Parties – Nothing contained in this Agreement shall be deemed or construed (either by the Parties hereto or by any third party) to create the relationship of principal and agent or create any partnership joint venture or other association between the Parties. 10. Non-Discrimination – The City 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 part of this Agreement. 11. ADA - MDT requires that any construction or maintenance resulting from this Agreement must include appropriate pedestrian facilities that meet or exceed current MDT standards for accessibility as set forth by the United States Department of Justice 2010 ADA Standards for Accessible Design, United States Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, and MDT’s Detailed Drawings, 608 series. 12. Audit – The Legislative Auditor and the Legislative Fiscal Analyst may, without prior notice and during normal business hours, audit, at their own cost and expense, all records, reports, and other documents the City maintain in connection with this Agreement. 13. Access and Retention of Records – The City agrees to provide the State, Legislative Auditor, or their authorized agents access to any records necessary to determine compliance with this MOA (Mont. Code Ann. §18-1-118). The City agrees to create and retain records supporting this Agreement for a period of three years after the completion date of this Agreement or the conclusion of any claim, litigation or exception relating to the Agreement taken by the State of Montana or a third party. 14. Highway Modifications – If MDT modifies or improves the highway or roadway facilities, the City will modify, upon reasonable notice at no expense to MDT, the Project accordingly. 15. Revocation – This Agreement is revocable by MDT in the event that the Project facilities within the right-of- way cease to be used by the City for a period of one year or abandoned otherwise. Upon revocation or abandonment, the Project facilities must be removed in compliance with this Agreement. 97 16. Utilities – The right of any private or public utility now lawfully occupying the right-of-way to operate and maintain utility facilities supersedes any right granted by this Agreement to the City. Copies of existing utility permits may be obtained from the MDT District Utility Agent. 17. Amendment and Modification – The Parties may modify or amend this Agreement only by a written Amendment signed by the Parties. In addition to the terms and conditions contained herein, the provisions of any Amendment may be incorporated and made a part hereof by this reference in the terms of the amendment so provided. In the event of any conflict between the terms and conditions hereof and the provision of any Amendment, the provision of the Amendment shall control, unless the provisions thereof are prohibited by law. 18. Representatives a.City’s Representative: The City’s Representative for this Agreement shall be the City Manager or designee or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, MDT may direct its communication or submission to other designated City personnel or agents. 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 in exigent circumstances when MDT’s Representative is not available, City may direct its direction or communication or submission to other designated MDT personnel or agents. 19. Counterpart Execution - This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. 98 ATTACHMENT A MDT Nondiscrimination and Disability Accommodation Notice 99 ATTACHMENT B Plans 100 PREPARED FOR:SITEBOZEMAN, MTCITY OF BOZEMANMAIN STREET LIGHTING DESIGN PACKAGE 1CITY OF BOZEMANBOZEMAN, MT20 EAST OLIVEVICINITY MAPPROJECT NO:24006_04ISSUED FOR CONSTRUCTIONFILE:PROJECT NO:CAD:QUALITY ASSURANCE:DRAWING HISTORYDATE DESCRIPTION24006_04-------ISSUED FOR CONSTRUCTION-----03/11/25RELIMINARY - FOR REVIEW02/12/25HGC/KRK24006_04_ELEC_PROD_PACKAGE_1.DWGJHS12345671098PROJECT NO:24006_04ISSUED FOR CONSTRUCTIONE1.1106 East Babcock, Suite L1Bozeman, Montana 59715406.522.9876sanbell.comSHEETTITLEE1.1COVERE1.2LEGENDE1.3ELECTRICAL SITE PLANE1.4ELECTRICAL WIRING DIAGRAME1.5ELECTRICAL DETAILSE1.6ELECTRICAL DETAILSE1.7ELECTRICAL DETAILSE1.8ELECTRICAL DETAILSE1.9ELECTRICAL DETAILSE1.10LUMINAIRE CUT SHEETS101 ELECTRIC JUNCTION BOXEXISTING STORM DRAIN MANHOLEEXISTING CATCH BASINSIGNPOWER POLEEXISTING WATER VALVEEXISTING FIRE HYDRANTBOLLARDBUSHEXISTING CURB STOPFIRE DEPT. CONNECTIONFIBER OPTIC PEDESTALGAS METERGAS MANHOLEGAS VALVEGUYWIREIRRIGATION VALVEIRRIGATION BOXLIGHT POLEPOWER METERPOWER MANHOLEELECTRIC PEDESTALROOF DRAINSIGNAL POLEEXISTING SANITARY SEWER MANHOLESANITARY SEWER CLEAN OUTTELEPHONE BOXTELEPHONE MANHOLETELEPHONE PEDESTALTRANSFORMERCONIFEROUS TREEDECIDUOUS TREECOMMUNICATIONS MANHOLECOMMUNICATIONS PEDESTALWELLYARD HYDRANTEW = FINISHED GRADE AT EDGE OF WALKTC = FINISHED GRADE AT TOP BACK OF CURBBC = FINISHED GRADE AT BUILDING CORNERTW = FINISHED GRADE AT TOP OF WALLAC = FINISHED GRADE AT ASPHALTEA = FINISHED GRADE AT EDGE OF ASPHALTEC = FINISHED GRADE AT EDGE OF CONCRETESDI = STORM DRAIN INLETSDMH = STORM DRAIN MANHOLEFL = FINISHED GRADE AT FLOWLINEFG = FINISHED GRADE EX = APPROXIMATE EXISTING ELEVATIONPOC = POINT ON CURVEEXISTING WATER REDUCERGAS WELLFOUND CORNER MONUMENT AS NOTEDSET CORNER MONUMENT, REBAR WITH CAPBENCHMARKSECTION QUARTER CORNERSECTION CORNERWTR = WATERPI = POINT OF INTERSECTIONPRC = POINT OF REVERSE CURVERT = RIGHTLT = LEFTSS = SANITARY SEWERPT = POINT OF TANGENCYSD = STORM DRAINGV = GATE VALVEBFV = BUTTERFLY VALVERED = REDUCERLF = LINEAL FOOTFT = FEETSSMH = SANITARY SEWER MANHOLEBVC = BEGIN VERTICAL CURVECS = CURB STOPEVC = END VERTICAL CURVEPVI = POINT OF VERTICAL INTERSECTIONLINETYPESABBREVIATIONSSYMBOLSPROPOSED CATCH BASINPROPOSED WATER REDUCERPROPOSED WATER VALVEPROPOSED FIRE HYDRANTPROPOSED CURB STOPPROPOSED SANITARY SEWER MANHOLEPROPOSED STORM DRAIN MANHOLEKEYNOTE CALL OUT(SEE KEYNOTE LEGEND)SRVC = SERVICE(TYP.) = TYPICALPC = POINT OF CURVATUREEXISTING MONUMENT BOXPROPOSED MONUMENT BOXGR = EXISTING GRADE AT GROUNDBRK = GRADE BREAKFIBER OPTICGAS PIPELINEOIL PIPELINEUNDERGROUND POWERSANITARY SEWERSTORM DRAINTELEPHONETELEVISION/CABLEWATERCONTOUROVERHEAD POWERFENCE - VINYLFENCE - BARBED WIREFENCE - WOODCURB AND GUTTEREDGE OF ASPHALTEDGE OF GRAVELFENCE - CHAINLINK/WOVEN WIREEXISTINGPROPOSEDHP = HIGH POINTDEMO AREAPROPOSED ASPHALTPROPOSED CONCRETEPROPOSED GRAVELISSUED FOR CONSTRUCTIONEXISTING WATER MANHOLEWATER METERLIQUID PROPANE PIPELINEFILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION MAIN STREET LIGHTING DESIGN PACKAGE 1 LEGEND CITY OF BOZEMAN URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3 BOZEMAN, MTE1.2JHS 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04NOTE:-EXISTING UNDERGROUND INSTALLATIONS & PRIVATE UTILITIES SHOWN ARE INDICATED ACCORDING TO THE BESTINFORMATION AVAILABLE TO THE ENGINEER. THE ENGINEER DOES NOT GUARANTEE THE ACCURACY OF SUCHINFORMATION. SERVICE LINES (WATER, POWER, GAS, STORM, SEWER, TELEPHONE & TELEVISION) MAY NOT BESTRAIGHT LINES OR AS INDICATED ON THE PLANS. STATE LAW REQUIRES CONTRACTOR TO CALL ALL UTILITYCOMPANIES BEFORE EXCAVATION FOR EXACT LOCATIONS.-ALL IMPROVEMENTS SHALL BE PERFORMED IN ACCORDANCE WITH MONTANA PUBLIC WORKS STANDARDSPECIFICATIONS 7TH EDITION, APRIL, 2021, AND THE CITY OF BOZEMAN STANDARD MODIFICATIONS, DATEDOCTOBER, 2024.-UNLESS OTHERWISE SPECIFIED, ALL CONSTRUCTION LAYOUT AND STAKING SHALL BE PERFORMED UNDER THERESPONSIBLE CHARGE OF A LAND SURVEYOR LICENSED IN THE STATE WHERE THE PROJECT IS LOCATED AND BY APARTY CHIEF OR ENGINEERING TECHNICIAN EXPERIENCED IN CONSTRUCTION LAYOUT AND STAKING TECHNIQUESAS ARE REQUIRED BY THE SPECIFIC TYPE OF WORK BEING PERFORMED.102 L3L4L5L1L2ISSUED FOR CONSTRUCTION020SCALE: 1" = 20'401020FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION MAIN STREET LIGHTING DESIGN PACKAGE 1 ELECTRICAL SITE PLAN CITY OF BOZEMAN URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3 BOZEMAN, MTE1.3JHS 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04CONDUIT & WIRE SCHEDULEABC103 ISSUED FOR CONSTRUCTION FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION MAIN STREET LIGHTING DESIGN PACKAGE 1 ELECTRICAL WIRING DIAGRAM CITY OF BOZEMAN URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3 BOZEMAN, MTE1.4JHS 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04 104 ISSUED FOR CONSTRUCTION FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION MAIN STREET LIGHTING DESIGN PACKAGE 1 ELECTRICAL DETAILS CITY OF BOZEMAN URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3 BOZEMAN, MTE1.5JHS 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04 105 ISSUED FOR CONSTRUCTION FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION MAIN STREET LIGHTING DESIGN PACKAGE 1 ELECTRICAL DETAILS CITY OF BOZEMAN URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3 BOZEMAN, MTE1.6JHS 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04 106 ISSUED FOR CONSTRUCTION FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION MAIN STREET LIGHTING DESIGN PACKAGE 1 ELECTRICAL DETAILS CITY OF BOZEMAN URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3 BOZEMAN, MTE1.7JHS 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04 107 ISSUED FOR CONSTRUCTION FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION MAIN STREET LIGHTING DESIGN PACKAGE 1 ELECTRICAL DETAILS CITY OF BOZEMAN URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3 BOZEMAN, MTE1.8JHS 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04 108 ISSUED FOR CONSTRUCTION FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION MAIN STREET LIGHTING DESIGN PACKAGE 1 ELECTRICAL DETAILS CITY OF BOZEMAN URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3 BOZEMAN, MTE1.9JHS 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04 109 ISSUED FOR CONSTRUCTION FILE: PROJECT NO: CAD: QUALITY ASSURANCE: DRAWING HISTORY DATE DESCRIPTION MAIN STREET LIGHTING DESIGN PACKAGE 1 LUMINAIRE CUT SHEETS CITY OF BOZEMAN URBAN RENEWAWAL DISTRICT TASK ORDER NO. 3 BOZEMAN, MTE1.10JHS 24006_04_ELEC_PROD_PACKAGE_1.DWG HGC/KRK 02/12/25 RELIMINARY - FOR REVIEW 03/11/25 - - - - - ISSUED FOR CONSTRUCTION - - - - - -- 24006_04 110 Memorandum REPORT TO:City Commission FROM:Taylor Lonsdale, Transportation Engineer Nicholas Ross, Director of Transportation and Engineering SUBJECT:Acknowledging the Receipt of a Petition to Change the Name of Elaine Lane to Fly Fisher Run MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Administration RECOMMENDATION:Consider the Motion: The commission acknowledges receipt of a petition to change the name of Elaine Lane to Fly Fisher Run and forwards the petition on to Staff for review in accordance the requirements and process outline by Resolution 3628. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:Resolution 3628 Adopting a Rule of Procedure for the Change of Name of Streets and the Discontinuance, Abandonment or Vacation of Streets or Alleys outlines the process for changing the name of a street. This item is the first step in that process. UNRESOLVED ISSUES:None. ALTERNATIVES:As identified by the commission. FISCAL EFFECTS:None. Attachments: Petition_Change the Name of Elaine Lane to Fly Fisher Run.pdf Report compiled on: April 22, 2025 111 112 113 114 115 116 117 118 119 120 121 122 123 Memorandum REPORT TO:City Commission FROM:Nick Pericich, Superintendent Water/Sewer Operations Shawn Kohtz, Director of Utility Department SUBJECT:Authorize City Manager to Sign Agreement with Echologics LLC to provide a Hydrant Leak Monitoring System MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to sign the agreement. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:Currently, the City relies on a combination of a leak detection survey program and inbound customer calls to identify distribution main leaks and/or bursts. The water system is surveyed approximately one time each year (spread out through the year). To reduce instances of water leaks going undetected for an extended period of time and conserve the City's water resources, unplanned customer outages from pipe breaks and damage to other infrastructure nearby to water pipes, the City is planning to deploy a leak monitoring system for distribution water mains. A request for proposal was sent out to this effect and Echologics LLC was selected as the successful candidate. Certain fire hydrant caps will be replaced with caps of the same style that contain leak detection instrumentation. This system will listen for leaks nightly and report the results. This agreement will allow a pilot scale demonstration of a hydrant leak monitoring system which includes 50 hydrant leak detection units. If successful, the plan is to expand this through time to cover the entire water system. UNRESOLVED ISSUES:None ALTERNATIVES:Continue our current strategy of leak detecting FISCAL EFFECTS:Pilot will cost $71,250 with the first year of maintenance and managed monitoring covered. Each year thereafter, it will cost no more than $6,250 for the maintenance and service provided for these 50 units. This amount has been already budgeted as an operating expense. Attachments: Hydrant_Leak_Monitoring_PSA_SaaS_Final.docx 124 Exhibit A Scope of Services.pdf Exhibit B Cloud Services Questionnaire.pdf Exhibit C Echologics Software as a Service Agreement.pdf Report compiled on: April 17, 2025 125 Agreement for Professional Services and Software as a Service Page 1 of 19 PROFESSIONAL SERVICES AND SOFTWARE AS A SERVICE AGREEMENT THIS AGREEMENT is made and entered into this 6th day of May, 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, Echologics LLC, with a mailing address of 1200 Abernathy Road NE Suite 1200 Atlanta, Georgia 30328, 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 agree as follows: 1.Definitions: a.“Aggregated Statistics” means data and information related to the City's use of the Services that is used by Contractor in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services. b.“Authorized User” means the City's employees, consultants, contractors, and agents (i) who are authorized by the City to access and use the Services under the rights granted to the City pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. c.“Confidential Information” means, subject to Montana’s Open Records Law, all written or oral information, disclosed by either Party to the other, related to the operations of either Party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential. With respect to the City, Confidential Information must also include any and all information transmitted to or stored by Contractor in connection with performance of its obligations under this Agreement, including, but not limited to, personally identifiable information (“PII”) of residents, employees or people included within the City’s data, including name, address, phone number, e-mail address, date of birth, social security number, patient records, credit card information, driver’s license number, account numbers, PINs and/or passwords, any other information that could reasonably identify a person, and products, confidential intellectual property, trade secrets, third-party confidential information, and other 126 Agreement for Professional Services and Software as a Service Page 2 of 19 sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, and whether or not marked, designated, or otherwise identified as “confidential.” Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; or (d) independently developed by the receiving Party without reference to or use of the disclosing Party’s Confidential Information. d.“City's Data” means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of the City or an Authorized User through the Services, including, without limitation, the City's meter data and other energy data related to the City's facilities located in the State of Montana. This information, data, and content may also include that which is considered Confidential Information. e.“Data Incident” means a breach of the City or the Contractor’s security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to the City’s Data through the Services licensed to the City by the Contractor. f.“Documentation” means Contractor’s user manuals, handbooks, and guides relating to the Services provided by Contractor to the City either electronically or in hard copy form/end user documentation relating to the Services. g.“Intellectual Property Rights” or “IP Rights” means any and all rights that may exist under patent law, copyright law, publicity rights law, moral rights law, trade secret law, trademark law, unfair competition law or other similar protections, whether or not such rights are registered or perfected. h.“Contractor IP” means the Services, the Documentation, and any and all intellectual property provided to the City or any Authorized User in connection with the foregoing. For the avoidance of doubt, Contractor IP includes Aggregated Statistics and any information, data, or other content derived from Contractor’s monitoring of the City's access to or use of the Services, but does not include the City's Data. i.“Services” means the Sentryx software-as-a-service license described in the Scope of Services. See attached Exhibit A. j.“System” means the Ecoshore-Dx Leak Monitoring System described in the Scope of Services. See attached Exhibit A. 2.Purpose:City agrees to enter this Agreement with Contractor to perform for City the System and Services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 127 Agreement for Professional Services and Software as a Service Page 3 of 19 3.Term/Effective Date:This Agreement is effective upon the Effective Date and will expire one year from the Effective date, unless earlier terminated in accordance with this Agreement. 4.Scope of Services:Contractor will perform the work and provide the System and 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. Contractor agrees to be bound by its responses to the City’s Cloud Questions, attached to this Agreement as Exhibit B and made part of this Agreement. Such responses constitute material consideration for the City to enter into this Agreement and the responses are material representations regarding the Contractor’s performance. 5.Access and Use: a.Provision of Access to Services. Subject to and conditioned on the City's payment of fees and compliance with the terms and conditions of this Agreement, Contractor grants the City a non-exclusive, non-transferable license to the Services during the Term. This license to the Services is solely for use by the City and its Authorized Users and must be accessed and used in accordance with the terms and conditions set forth in this Agreement, and the Contractor’s Software as a Service Agreement, attached as Exhibit C, where there are no conflicting terms. Unless otherwise agreed upon and detailed in the Scope of Services, such access and use is limited to the City's internal use. If applicable, Contractor must provide to the City the necessary passwords and network links or connections to allow the City to access the Services. b.Documentation License. Subject to the terms and conditions contained in this Agreement, Contractor grants to the City a non-exclusive, non-sublicensable, non- transferable license to use the Documentation during the Term solely for the City's internal business purposes in connection with its use of the System and Services. c.Designated Authorized Users. The City may designate the number of Authorized Users permitted to access the Services. d.Reservation of Rights. Contractor reserves all rights not expressly granted to the City in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to the City or any third party any intellectual property rights or other right, title, or interest in or to the Contractor IP. e.Suspension. Notwithstanding anything to the contrary in this Agreement, Contractor may temporarily suspend the City's and any Authorized User’s access to any portion or all of the Services if: 128 Agreement for Professional Services and Software as a Service Page 4 of 19 i. Contractor reasonably determines 1) there is a threat or attack on any of the Contractor IP; 2) the City's or any Authorized User’s use of the Contractor’s IP disrupts or poses a security risk to the ContractorIP or to any other Customer or vendor of Contractor; 3) the City, or any Authorized User, are using the Contractor IP for fraudulent or illegal activities; or 4) Contractor’s provision of the Services to the City or any Authorized User is prohibited by applicable law; or ii. any vendor of Contractor has suspended or terminated Contractor’s access to or use of any third-party services or products required to enable the City to access the Services. Contractormust use commercially reasonable efforts to provide written notice within five (5) business days prior to any planned Service Suspension to the City and provide updates regarding resumption of Services following any Service Suspension. Contractor must use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Contractor may be subject to liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that the City or any Authorized User may incur as a result of a Service Suspension. f.Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Contractor may monitor the City's use of the Services, and collect and compile Aggregated Statistics. As between Contractor and the City, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Contractor. The City acknowledges that Contractor may compile Aggregated Statistics based on the City's Data input into the Services. The City agrees that Contractor may: 1) make Aggregated Statistics publicly available in compliance with applicable law, and 2) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify the City or the City's Confidential Information. 6.Payment:City agrees to pay Contractor the amount specifiedin 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. 7. 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 129 Agreement for Professional Services and Software as a Service Page 5 of 19 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 provide the System and 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. c.Contractor must ensure the System and Services delivered under this Agreement are adequately secure and must provide a secure environment for all of the City’s Confidential Information that it may obtain, which may include, but is not limited to any hardware and software (including servers, network and data components) to be provided or used by the Contractor as part of its performance under this Agreement. Contractor represents that the security measures it takes in performance of its obligations under this Agreement are, and at all times, will remain, in compliance with all applicable laws and regulations governing Contractor’s access to, use of, and handling of the City’s Data. d.If Contractor creates a new version of the System or Services, it must make the new version available to the City at no additional cost. Contractor must also provide the City with any additional features or functionalities of the Services that it may develop at no additional cost to the City. 8.Security:Contractor must provide a secure environment for all of the City’s Confidential Information and any hardware and Software (including servers, network, and data components) to be provided or used by Contractor as part of its performance under this Agreement. Contractor represents that the security measures it takes in performance of its obligations under this Agreement are, and will at all times remain, in agreement with the industry’s minimum standards. Contractor’s failure to comply with the industry’s minimum standards in fulfilling its obligations under this Agreement constitutes a breach of this Agreement. Additionally, Contractor must contractually require any subcontractors or agents with access to the City’s Confidential Information to adhere to such Security Best Practices. 9.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 130 Agreement for Professional Services and Software as a Service Page 6 of 19 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. 10.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 third-party 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, 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. 131 Agreement for Professional Services and Software as a Service Page 7 of 19 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 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 132 Agreement for Professional Services and Software as a Service Page 8 of 19 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. Contractor shall furnish to the City an accompanying certificate of insurance in amounts not less than as follows: Workers’ Compensation – statutory; Employers’ Liability - $1,000,000 per occurrence; $2,000,000 aggregate; Commercial General Liability - $1,000,000 per occurrence; $2,000,000 aggregate; Automobile Liability - $1,000,000 property damage/bodily injury per accident; Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate; and Cyber Liability - $1,500,000 per occurrence; $3,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City shall be listedas 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 reasonably suitable to City. Contractor shall provide City with notice of cancellation or non- renewal within thirty (30) days of such event. Contractor shall notify City within thirty (30) 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 certificates of insurance prior to the Contractor commencing work. 11.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. 133 Agreement for Professional Services and Software as a Service Page 9 of 19 c.Any termination provided for by this Section 11 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 11, 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. 12.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 12, 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 12(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. 13.Limitation on Damages; Time for Asserting Claim: a.Contractor’s Damages. 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. Damages are limited to two times (2X) the money paid 134 Agreement for Professional Services and Software as a Service Page 10 of 19 to Contractor under this agreement during the prior twelve (12) month period preceding the event or circumstances first giving rise to such liability. This limitation of liability is cumulative and not per-incident. Damages caused by injury to persons or tangible property, or arising from any Contractor indemnification under this Agreement, are not subject to a cap on the amount of damages. 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. b.City’s Damages. In the event of a claim for damages by City under this Agreement, City’s damages shall be limited to contract damages and City 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. Damages caused by injury to persons or tangible property, or arising from any Contractor indemnification under this Agreement, are not subject to a cap on the amount of damages. 14.Audit Right:Contractor must retain a certified public accounting firm to perform an annual audit of the Services’ data protection features and to provide a SOC 2 Type II report, pursuant to the current standards of the American Institute of Certified Public Accountants. In addition, Contractormust annually conduct its own internal security audit and address security gaps. Contractor must give the City a copy of the most current report from each audit conducted within five (5) business days of receiving the report. If requested by the City, Contractor must, on a bi-annual basis, permit security reviews by the City on those systems storing or processing City Data, on Contractor policies and procedures relating to the foregoing, including without limitation its information security programs, and permit testing of all security processes and procedures during the term, including without limitation, penetration testing. Contractor or its nominee (including its accountants and auditors) may, on reasonable request, inspect and audit the City's use of the Services under this Agreement at any time during the Term. The City must make available all books, records, equipment, information, and personnel, and provide all such cooperation and assistance, as may reasonably be requested by or on behalf of Contractor with respect to such audit. 15.General Use Restrictions:Copies of the Services created or transferred pursuant to 135 Agreement for Professional Services and Software as a Service Page 11 of 19 this Agreement are licensed and may only be used as set forth in this Agreement. The City does not receive any rights to the Services other than those specifically granted in this Agreement and its incorporated exhibits. Other than what is expressly permitted by the terms of this Agreement, the City and its authorized users must not directly or indirectly copy or reproduce all or any part of the Services, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of presentation, style or organization, without Contractor’s prior written permission. However, notwithstanding this restriction, the City has the right to reproduce and distribute any of the Services generated from the City’s Data. Without limiting the above restriction and right, the City receives no right to and must not: a.copy, modify, create derivative works from, distribute, publicly display, or publicly perform the Application; b.sublicense or otherwise transfer any of the rights granted to it in this Agreement and the Scope of Services; c.reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from the Application; d.remove any proprietary notices from the Services or Documentation; or e.use the Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. 16. Resources and Support: Contractor must, throughout the Term, make available such resources, including Contractor personnel, as are reasonably required to: a. train designated employee(s) of the City in the use of the Services; b. develop modifications to the Services as agreed to by the Parties in any exhibit attached to this Agreement; and c. Contractor must provide technical support to the City as described in Exhibit A, Scope of Services, for the duration of this Agreement. 17.Transition Assistance:The Contractor must provide transition assistance to the City when requested in writing. Upon termination of this Agreement for any reason, including but not limited to termination for cause, the Contractor must assist the City in the orderly transition to a new Contractor. The City must have access to the Contractor’s support of the System and Services for up to one (1) year following termination. In this instance, for up to one (1) year following termination, the City must pay the Contractor at its then-current hourly rate(s). The Contractor grants the City a perpetual right to use the System and Services if any one of the following occurs: (a) Contractor’s insolvency, bankruptcy, or involvement in an involuntary 136 Agreement for Professional Services and Software as a Service Page 12 of 19 proceeding for protection of its creditors; (b) Contractor materially breaches this Agreement and the City terminates the Agreement; (c) Contractor fails to continue development of the Services; (d) Contractor fails to provide the City with the most recent version of the Services contained in the Application; or (e) any other circumstance whereby Contractor can no longer satisfy its obligation to provide Services to the State under this Agreement. 18.Confidential Information: a.From time to time during the Term, a Party to this Agreement may disclose or make available to the other Party Confidential Information, as defined in Section 1 of this Agreement, about its business affairs. The receiving Party must not disclose the disclosing Party’s Confidential Information to any person or entity, except to the receiving Party’s Authorized Users who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations established in this Agreement. b.Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required: i.in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order must first have given written notice to the other Party; ii.to establish a Party’s rights under this Agreement, including to make required court filings; or iii.to any Authorized User who may need to access Confidential Information in order to facilitate or execute the purpose of this Agreement. c.Unless otherwise required by law, each Party must not disclose Confidential Information to any other third party not otherwise identified in this agreement without the other Party’s prior written consent. Each Party’s obligations of non-disclosure regarding Confidential Information are effective as of the Effective Date, survive this Agreement, and do not terminate. However, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. d.Each Party must protect Confidential Information with the same degree of care it uses to protect its own Confidential Information with of similar nature and importance, but with no less than reasonable care. Each Party agrees to promptly notify the other Party if there is a misuse or misappropriation of Confidential Information. 137 Agreement for Professional Services and Software as a Service Page 13 of 19 19.Intellectual Property Ownership; Feedback: a.Contractor IP. The City acknowledges that, as between the City and Contractor, Contractor owns all right, title, and interest, including all intellectual property rights, in and to the Contractor IP. b.The City's Data. Contractor acknowledges that, as between Contractor and the City, the City owns all right, title, and interest, including all intellectual property rights, in and to the City's Data. The City grants to Contractor a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the City's Data and perform all acts with respect to the City's Data as may be necessary for Contractor to provide the System and Services to the City. The City also grants to Contractor a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display the City's Data incorporated within the Aggregated Statistics. Unless the City provides written consent, Contractor must not access or use the City’s Data for any other purpose than as described in this Agreement. c.Feedback. If the City or any of its Authorized Users sends or transmits any communications or materials to Contractor by mail, email, telephone, or otherwise, suggesting or recommending changes to the Contractor IP, including without limitation, new features or related functionality, or any comments, questions, suggestions, or the like (“Feedback”), Contractor may use the City’s Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. 20. Data Location: Contractor must not transfer the City’s Data outside of United States, except for Canada, or the Contractor’s location as identified in the first paragraph of this Agreement unless it receives the City’s prior written consent or unless the transfer is to the Contractor’s data center and such transfer is necessary for the execution of the Services. 21.Access to Data: The City may access and copy any of the City’s Data in Contractor’s possession at any time. Contractor must reasonably facilitate such access and copying promptly after Customer’s request. In this instance, Contractor may charge its reasonable standard fees for any such access and copying or for any fees related to the de-conversion of data. 22.Deletion of Data: Except as authorized by applicable law, Contractor must not erase the City’s Data or any copy without the City’s prior written consent. 23.Data Incidents: Contractor must implement and maintain a program for managing 138 Agreement for Professional Services and Software as a Service Page 14 of 19 unauthorized disclosure, access to, or use of the City’s Data. In case of a Data Incident, Contractor must notify the City, in writing or by phone, within 48-hours of the incident. Contractor must cooperate with the City and law enforcement agencies to investigate and resolve the Data Incident, including but not limited to providing reasonable assistance to the City in notifying injured third Parties. 24.Functional Warranty:Contractor warrants that the System and Services, including any modifications that are made by Contractor or under Contractor’s instructions do not contain any material defects, and will conform in all material respects to the specifications, functions, descriptions, standards and criteria set forth in the Agreement, its Exhibits, and the Documentation, which are all incorporated herein by reference. Contractor further warrants that all post-acceptance updates, alterations, or modifications to the System or Services will not materially diminish the features or functionality of the System and Services. Contractor must promptly correct any errors identified by the City in the System and Services, and in any modification to the System and Services at no cost to the City. If, Contractor is unable to correct such errors within 30 days following notification by the City, then Contractor must at the City’s request accept return of the System and Services and return all money paid for the System and Services and maintenance. The City may also pursue any other remedies available to it under this Agreement or by law or equity. 25.Virus Warranty:Contractorwarrants that it has used commercially reasonable efforts to ensure against introduction of any virus into the City’s systems. Contractor must immediately advise the City, in writing, upon reasonable suspicion or actual knowledge that the Services may contain a virus. If a virus is found to have been introduced into the City’s systems by the Services within 30 days after the Effective Date of this Agreement, Contractor must repair or replace the Services within ten (10) business days. If Contractor cannot accomplish the foregoing within such time, then the City must discontinue use of the Services, and Contractor must refund all money paid for the Services and maintenance as set forth in the Scope of Services. See Exhibit A. Contractor must use all reasonable commercial efforts, at no additional charge, to assist the City in reducing the effects of the Virus and, if the Virus causes a loss of operational efficiency or loss of data, to assist the City to the same extent to mitigate and restore such losses. In addition, Contractor must indemnify, defend, and hold the City harmless from any claims, suits, damages, liabilities, losses, and reasonable attorney fees resulting from any such Viruses. 26.Remedy for When System or Services are Subject of a Claim:If the System and/or Services furnished are likely to or does become the subject of a claim of infringement of a third party’s IP Rights, then the Contractor may request the City accept an alternative System or Service and the City may agree to one of the following alternative: 1) procure for the City the right to continue using 139 Agreement for Professional Services and Software as a Service Page 15 of 19 the alleged infringing System or Service; 2) modify the System or Service so that it becomes non- infringing; 3) or replace it with one that is at least functionally equivalent. If the Contractor is unable to any of the above three remedies, or if the use of the System or Service by the City is prohibited by an injunction, temporary restraining order, or other court order, the City must return the System and Services to the Contractor within five (5) days of receiving Contractor’s request in writing. The Contractor must then give the City a credit equal to the amount paid to the Contractor for the creation of the System and Services. The City is not precluded from seeking other remedies available agreed upon in this Agreement or in equity or law for any damages it may sustain due to its inability to continue using the Services. 27.Representatives and Notices: a.City’s Representative: The City’s Representative for the purpose of this Agreement shall be Nick Pericich or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be General Counsel 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. 140 Agreement for Professional Services and Software as a Service Page 16 of 19 28.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. 29.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. 30.Nondiscrimination and Equal Pay:The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 31.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, 141 Agreement for Professional Services and Software as a Service Page 17 of 19 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. 32.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. 33. 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. 34.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. 35.Attorney’s Fees and Costs:In the event it becomes necessary for either Partyto 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. 142 Agreement for Professional Services and Software as a Service Page 18 of 19 36.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 37.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. 38.Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 39.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 sections to which they refer. 40.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 41.Applicable Law: The Parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 42.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the Parties. 43.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. 44.Counterparts: This Agreement may be executed in counterparts, which together 143 Agreement for Professional Services and Software as a Service Page 19 of 19 constitute one instrument. 45.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. 46.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. 47.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 five years from the Effective Date. **** 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 ECHOLOGICS LLC By________________________________By__________________________________ Chuck Winn, Interim City Manager Adam Donnelly, VP Smart Infrastructure APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 144 From:Kyle Novak To:Bozeman Procurement Cc:Mike Uthe, M. Eng.; Laura Dority Subject:[EXTERNAL]Hydrant Leak Monitoring System - Echologics LLC - November 12 2024 - 3:00PM MST Date:Monday, November 11, 2024 11:28:24 AM Attachments:Echologics LLC - Hydrant Leak Monitoring RFP Response.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr. Maas, Please accept our submission for the Hydrant Leak Monitoring System RFP. Attached is our submission document. Can you please kindly acknowledge receipt of this document for our records? Sincerely, Kyle Novak Kyle Novak Sales Support Supervisor 21 Randolph Ave Toronto, Ontario M6P 4G4 office: 416.534.5893 | mobile: 416.948.8141 | muellerwp.com Mueller refers to one or more of Mueller Water Products, Inc., a Delaware corporation ("MWP"), and its subsidiaries. MWP and each of its subsidiaries are legally separate and independent entities when providing products and services. MWP does not provide products or services to third parties. MWP and each of its subsidiaries are liable only for their own acts and omissions and not those of each other. Mueller brands include Mueller®, Echologics®, Hydro Gate®, Hydro-Guard®, HYMAX®, i2O®, Jones®, Krausz®, Mi.Net®, Milliken®, Pratt®, Pratt Industrial®, Sentryx™, Singer®, and U.S. Pipe Valve & Hydrant. Please see muellerwp.com/brands to learn more. This message contains confidential information and is intended only for the individual(s) named. If you are not a named addressee, you should not disseminate or copy this email. You cannot use or forward any attachments in the email. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system. Exhibit A: Scope of Services 145 MUELLER® | ECHOLOGICS® | HYDRO GATE® | HYDRO-GUARD® | HYMAX® | JONES® | KRAUSZ ® | MI.NET® | MILLIKEN® | PRATT® | SINGER® | U.S. PIPE VALVE AND HYDRANT F 14076 3/19 PROPOSAL FOR CITY OF BOZEMAN Prepared for: City of Bozeman Prepared by: Mike Uthe Echologics, LLC Proposal Number: 42224132 Date: 11/12/2024 EchoShore®-DX Permanent Leak Detection – Distribution Monitoring System Toll Free: 1-800-423-1323 Fax: +1.905-612-0201 www.echologics.com Echologics, LLC 1200 Abernathy Rd, Suite 1200, Atlanta, GA, 30328, USA 146 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 11/12/2024 City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 Re: EchoShore®-DX Leak Monitoring Service Dear Selection Commitee, Echologics, LLC (“Echologics”) is pleased to offer the City of Bozeman (Bozeman) the EchoShore®-DX leak monitoring system for the monitoring of non-plastic water distribution pipes throughout the city. We understand that in order to drive down overall water consumption, Bozeman is looking towards solutions that actively reduce non-revenue water and keep that number down. Our active leak detection system not only detects existing leaks in the system, but quickly detects new and emerging leaks to significantly reduce the overall runtime of leaks in your water network from months to a few days. EchoShore®-DX is designed to improve service by detecting emerging leaks and enabling them to be repaired before they progress into bursts. EchoShore®-DX leak monitoring system includes the following features: 1. Leak sensors are integrated into caps of existing or new fire hydrants to match the utilities custom design, with zero impacts to customers, fire services, and water operations staff. 2. Communications are available on the latest generation 4G wireless network. 3. Installing leak monitoring sensors above ground in the fire hydrant cap you get a reliable acoustic connection to the water network while avoiding the deposits and harsh conditions often found in valve boxes that can degrade performance and accelerate sensor wear out. 4. While the industry standard for acoustic leak monitoring is to report distribution leaks after 2 – 4 days, the EchoShore®- DX can deliver rapid, reliable leak alerts on pipes with high levels of business risk exposure, in as little as 4 hours. 5. Echologics leverages machine learning algorithms to highlight actual leaks to the utility. With the highest hit rate in the industry, users can rely on intelligent and useful data in their leak alerts. 6. With over 40,000 endpoints operating nationwide, EchoShore®-DX is a proven technology that delivers results for asset management and non-revenue water projects. 7. The EchoShore®-DX can also integrate with Mueller’s water intelligence platform Sentryx, that transforms data to provide utilities with insight into the health of their distribution system in order to make informed operational and maintenance decisions. The user interface can display important information about pressure, flow leakage, chlorine, and ph. 8. The EchoShore®-DX is built in the USA. Service and support are available from Mueller staff at local offices across the country. We look forward to your feedback on the proposed deployment of EchoShore®-DX in Bozeman’s water system. Yours truly Echologics, Mike Uthe, Western Sales Manager 19019 Frontage Road Belgrade, MT 59714 406-223-2192 MUthe@muellerwp.com 147 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN TABLE OF CONTENTS Table of Contents ...................................................................................................................................................................................... 3 1 Project Understanding – Business Case .......................................................................................................................................... 4 2 EchoShore®- DX Leak Monitoring System Description .................................................................................................................... 4 2.1 Components ............................................................................................................................................................................... 5 2.2 Function and Operation............................................................................................................................................................. 6 2.2.1 End of Life .......................................................................................................................................................................... 6 2.3 Installation ................................................................................................................................................................................. 6 2.4 Unit Price and Guarantees ........................................................................................................................................................ 6 3 Leak Alerts and System Performance .............................................................................................................................................. 6 3.1 Leak Alert Process ..................................................................................................................................................................... 7 3.2 Acoustic Leak Detection Performance ..................................................................................................................................... 7 3.3 Leak classification performance ............................................................................................................................................... 7 3.4 Time to Leak Notification .......................................................................................................................................................... 9 4 Support and Training .......................................................................................................................................................................10 5 Experience Requirements ...............................................................................................................................................................12 5.1 References ...............................................................................................................................................................................12 5.1.1 Aspen, CO .........................................................................................................................................................................12 5.1.2 Omaha, NE .......................................................................................................................................................................12 5.1.3 Big Sky, MT .......................................................................................................................................................................12 6 Organizational Longevity .................................................................................................................................................................12 7 Warranty...........................................................................................................................................................................................13 8 Investment Information ...................................................................................................................................................................13 8.1 Pricing Guarantee ....................................................................................................................................................................14 Appendix A: Affirmation of Nondiscrimination .......................................................................................................................................15 Appendix B: Cloud Services Questionnaire ............................................................................................................................................16 Appendix C: Mueller’s MASTER SERVICES AGREEMENT - TERMS AND CONDITIONS .........................................................................18 8.2 EXHIBIT A - GLOSSARY OF TERMS .........................................................................................................................................24 8.3 EXHIBIT B .................................................................................................................................................................................25 8.4 EXHIBIT C .................................................................................................................................................................................26 8.5 EXHIBIT D .................................................................................................................................................................................27 8.6 EXHIBIT E - Exceptions.............................................................................................................................................................36 8.7 EXHIBIT F – SaaS Agreement ..................................................................................................................................................28 148 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 4 1 PROJECT UNDERSTANDING – BUSINESS CASE American cities like Bozeman are expanding at unprecedented rates. In an effort to reduce demand on the groundwater table and aquifers without asking their customers to reduce water use, it is important to ensure that all water put into the distribution system makes it to the users. This can effectively reduce water demand by minimizing water loss in transit to the end user. Furthermore, small leaks can develop into catastrophic failures. By quickly addressing these small developing leaks, unplanned customer outages due to breaks can be eliminated. Leak repair can be scheduled and this will lead to an increase in customer satisfaction. We understand that Bozeman is interested in minimizing the following risks: Reduce Business Risk Exposure: • Prevent leaks from developing into bursts • Meet regulatory requirements • Reduce overtime/emergency repairs • Reduce nonrevenue water in key areas • Maintain service to key customers like hospitals, universities, and industrial centers Echologics has over a decade of experience designing and delivering leak monitoring systems to leading utilities nationwide. 2 ECHOSHORE®- DX LEAK MONITORING SYSTEM DESCRIPTION Echologics thoroughly reviewed the GIS pipe network information provided by the City of Bozeman and we believe that Bozeman is an ideal water network to deploy an acoustic based leak monitoring system due to the metallic pipes and frequently installed hydrants within the network. To highlight the strength and utility of a permanent leak monitoring system, Echologics recommends a 50 sensor pilot as shown in Figure 1 that will improve the chances of detecting natural leaks and not rely on the need to find simulated leaks during the pilot period. Figure 1: Proposed Pilot System Layout 149 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 5 2.1 COMPONENTS The EchoShore-DX system is comprised of two variants; a hydrant mounted sensor shown in Figure 2 and a valve based sensor shown in Figure 3. The primary variant offered here to Bozeman is the hydrant mounted sensor. This fully enclosed sensor is comprised of an inner casting with hydrant threads cut to match your hydrants; an electronics module that contains the accelerometer sensor, antennas, processing board and batteries; and finally the outer casting which is cast to match the operating nut of your existing hydrants. The metal castings for our sensors are 100% manufactured by Mueller in the United States. Figure 2: EchoShore-DX Sensor Blowout Diagram Figure 3: EchoShore-DXe Valve Based Sensor 150 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 6 The system components and battery are rated for a 10-year lifespan. This means that a costly and labor intensive battery replacement program is not needed as the hardware components will be sunset when the batteries die at the end of life. The equipment itself is recyclable and the metal castings that are a part of the system can be re-used for future generations of electronics. Typical recycling fees for sensors has been about $40 per unit. 2.2 FUNCTION AND OPERATION The EchoShore-DX system uses acoustic cross-correlation to detect and pinpoint leaks, similarly to the way a ground based correlator functions. The main difference is that each sensor becomes an acoustic channel and our backend system takes each individual recording, matches those recordings with their adjacent neighbours and correlates accordingly. This allows for a full system wide correlation to be completed every night. Something like this would take a ground team months to complete even one system wide correlation. Our system uses proprietary algorithms to determine which sensors are adjacent to one another based on pipe geometry, pipe material and pipe diameter. So a sensor on Main Street will not try to correlate with a sensor in the Historic Brewery District. Once correlations have been processed, any suspected positive correlations are flagged and compared to past leak noise in the area through the managed monitoring service. Echologic’s team investigates any persistent noises and determines whether they are true suspected leaks or any other form of noise. Suspected leaks are relayed to Bozeman through SMS or email based on individual user preferences. Users are not required to download any software as our software system – Sentryx® - is a fully cloud-hosted thin-client user interface. Please see our Cloud Services Questionnaire in Appendix B for more information on Sentryx®. Our devices use cellular data connections to transmit data and receive commands from Sentryx®. This cellular data plan is managed and maintained by Mueller and is a part of the managed monitoring package. Mueller recommends that the data plan management stay a part of the managed monitoring service. 2.2.1 END OF LIFE At the end of life, the unit will have been in operation for 10 years. At that time we consider this technology obsolete and will recommend replacement with the latest generation of leak detection sensors available. The battery within the units will have reached its life expectancy and could begin to result in non-functional sensors over the next few years. Looking back to when our technology was first released 10 years ago, the first iterations of our sensors had a 5 year life expectancy and operated on an AMI radio network. We have released countless upgrades and innovations within our sensors and expect to release many more over the next several years as we continue to strive to keep our products on the leading edge of leak detection technology. 2.3 INSTALLATION Mueller offers a fully turn-key deployment for Leak Monitoring systems. Our project managers oversee the full deployment of the system including system commissioning and handoff to the monitoring team for ongoing leak detection. For pilots, we will perform the installation using our field crews. For full system deployements or system expansions, our project managers can provide training to utility staff so that they can deploy and install their own equipment. Installation is completed through an application that can be downloaded from both Android and Apple app stores. To install either a pilot system or a larger system deployment, Bozeman will need to provde some warehouse or yard space to receive the equipment and a way to store or collect the hydrant pumper nozzle caps that will be removed and replaced with the EchoShore-DX sensor caps. 2.4 UNIT PRICE AND GUARANTEES For unit pricing please see the investment information section of this proposal. Muller offers the ability to pre-purchase the monitoring fees, which are the ongoing fees associated with the system. This not only allows Bozeman to guarantee their price for five or ten years, it provides Bozeman with a discount on those fees as well. 3 LEAK ALERTS AND SYSTEM PERFORMANCE There is a global trend towards connected devices that deliver actionable insights. EchoShore®-DX leak monitoring system delivers valuable alerts so utilities can take proactive action to manage their pipeline assets. Water leak monitoring is an emerging technology. From experience delivering leak detection and monitoring products throughout North America, the following are the key performance metrics identified: • Detection performance: how well the system finds all the leaks • Classification performance: how many alerts are leaks 151 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 7 • Time to Notification: how fast the system delivers leak alerts • Operational Impact: how much utility effort is needed to operate and maintain the system • Lifecycle cost per mile of monitoring: what is the total cost of operating the leak monitoring system Each of these performance metrics impacts the other. For example, if a system finds all the leaks but delivers a huge volume of leak alerts, the value of the system to a utility could be reduced if there are so many alerts that they become meaningless. In other words, even though a broken clock is right twice a day, it’s generally a poor way to tell time. A combination of each of the metrics identified above combines to deliver overall performance. 3.1 LEAK ALERT PROCESS As the system records acoustic data, that data is sent to our servers for processing and correlation. Any positive correlation detected by the system is classified as a correlated noise (CN). As the system continues to collect data, CNs that exist in the same spot over several recordings are upgraded into persistent correlated noises (PCNs). These PCNs are investigate by our dedicated monitoring team and are analysed with our leak likelihood algorithms to determine whether or not the noise is a leak. This information is compared to existing found leaks and PCNs that have a high likelihood of being a leak are alerted to the utility. The leak alerts that are recommended to the utility for investigation have an 80% chance of being a real leak based on historical system performance. This 80% chance of being a real leak is investigated in the field using a pinpoint accurate leak location and confirmed to be real before digging and remediating the leak. Data from the confirmed leak can be input back into Sentryx to make the system better and provide information to continuously improve our leak detection algorithms. In some cases noises are heard by one sensor and not any other. Our system also detects leaks as single channel events in the absence of correlation to provide leak detection in areas slightly beyond the current scope of the deployment, especially prevalent when we have not yet reached full system expansion. 3.2 ACOUSTIC LEAK DETECTION PERFORMANCE EchoShore®-DX can find leaks that other leak detection systems will miss. Leaks in water pipes make noise. As water escapes from a pressurized water pipe, it creates a vibration on the pipe that generates sound. As long as the leak is running, it will continue to create noise. High levels of noise on a pipeline can indicate that there is a leak nearby. EchoShore®-DX leverages two powerful technologies to find leaks: tuned acoustic sensors and a correlation first approach to leak detection. EchoShore®-DX acoustic sensors are designed and manufactured in house. By design, the sensors can find leaks that other systems can’t. Further, based on Echologics leak detection experience and machine learning advancements, the acoustic information most likely to detect leakage is collected for analysis. Advanced computer analysis is already better than human technicians at detecting the presence of leaks. For this reason, the sensors and algorithms are tuned to focus on the specific leak noise frequencies, which enables the detection of faint leak noises that may be generated by emerging leaks or by muffled underwater leaks. It’s important to know if leaks are stable or growing so that they can be fixed before a pipe burst or other catastrophic impact occurs. The noise created by a leak changes over time. Often, as leaks go on, they may get bigger and larger. However, a leak may also be loud right after it starts and then get quieter as the soil around the pipe fills up with water. Echologics algorithms are built to search for complex patterns in leak progression. EchoShore®-DX users can monitor for the growth or progression in leaks right in the user interface or receive custom alerts in critical monitoring areas. 3.3 LEAK CLASSIFICATION PERFORMANCE As mentioned earlier, our classification performance results in approximately 4 true leaks for every false positive detected. In addition to leaks, there are other normal activities in a water network that create noises similar to leakage. Pumps, pressure reducing valves, water draws, or partially closed line valves can all have similar sound characteristics to a leak. EchoShore®-DX uses scientific methods to separate leak noise from normal water network noise: 1. Persistence 2. Acoustic spectral analysis 152 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 8 3. Pump recognition Persistence: Leaks stay in the same place over time. EchoShore®-DX is able to rely on its advanced correlation algorithms in order to check that a sound is coming from the same place over time. Leak monitoring systems that do not correlate regularly can trigger a leak alert if multiple noises occur in the same general area over a period of time. For example, on a residential street monitored for leakage several different houses may be using water during the time when leak detection measurements are collected over several days. It’s much less likely that one single house is consistently using water during the leak detection measurement time over the course of several days. EchoShore®-DX would be able to confidently flag a persistent noise in the same place. Other leak monitoring systems would have much less confidence in their leak alerts. Figure 4: Persistent Noises Are More Likely to be Leaks, EchoShore®-DX can also confirm leak repairs Acoustic spectral analysis: The sound content of noises can be broken out into dozens of different characteristics. Echologics has completed machine learning studies to identify spectral characteristics related to leakage. This enables Echologics to deconstruct recorded sounds and use the most important sound markers to deliver the best spectral leak determination on the market. Pump recognition: Pumps generate strong acoustic signals at specific tonal frequencies. EchoShore®-DX has embedded algorithms to filter out these acoustic noises and prevent false alerts. On site leak investigations involve significant resources and effort from water utilities or their contractors. Investigating false alerts from a leak monitoring system is expensive. It’s important that the alerts delivered by a system are from actual leaks. EchoShore®-DX delivers industry leading tools to make sure leak alerts point utilities towards actual leak events. Echologics Figure 5: Relative Importance of Specific Acoustic Features Towards Leak Determination 153 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 9 continues to invest in improving algorithms and classification techniques in order to maintain leadership in this leak monitoring performance metric going forward. 3.4 TIME TO LEAK NOTIFICATION Echologics is first in the industry to offer high frequency leak monitoring. Most leak monitoring systems collect acoustic data daily. However, it takes several acoustic data collections in order to confidently deliver a leak alert. Echologics data analysis algorithms and intuitive visualization of related acoustic signals are needed to convert a huge flow of acoustic data into actionable leak alerts. In a 2019 survey, the average utility staff cost to monitor and manage leak monitoring interfaces was $3,324 per mile per year. This survey by Isle utilities covered 3 leak monitoring technologies, over 7 utility deployments, and represented 892 miles (1435 KM) of monitored pipe. EchoShore®-DX leak monitoring delivers actionable leak alerts for utilities driving the utility cost of system monitoring under $500 per mile per year to acknowledge and manage leak alerts. Mueller invested to lead the industry in leak monitoring and is committed to building out solutions that offer more pipe network insights around core leak detection, pressure monitoring, and metering technologies. Burst pipes can damage nearby infrastructure, flood houses, create sinkholes, and interrupt water service to critical customers like hospitals and factories. Leaks developing on critical pipelines require rapid action in order to reduce business risk exposure and improve service. EchoShore®-DX offers three different levels of monitoring service in order to deliver a complete solution for utilities. High frequency leak monitoring enables rapid utility response for critical pipelines. To deliver faster leak notifications the EchoShore®-DX system collects and analyses acoustic data more frequently. Different types of acoustic data collections are conducted throughout the day in order to identify and confirm emerging leaks. There is a trade-off between decreasing the time to notification and the number of battery changes to support high frequency leak monitoring. Monitoring Level Critical High Standard First Time to leak alert 4 hours 24 hours 4 days Typical time to leak alert 6 – 12 hours 36 – 48 hours 6 – 8 days Battery Life (years) 1 4 10 Pipelines that are good candidates for higher frequency monitoring are often identified based on the level of business risk exposure posed by a burst. This can be done based on utility identified heuristics combined with mapping services by Echologics such as identifying all pipelines that serve key hospitals or are located nearby to major roadways. Alternately, some utilities have engaged with consulting or other technology companies in order to identify pipes that present the highest business risk. 154 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 10 Figure 6: Leaks in High Traffic Public Areas can offer significant Business Risk Exposure to Utilities 4 SUPPORT AND TRAINING Echologics provides extensive support throughout the entire project life cycle and continued support when the project deployment is complete and the system enters into the monitoring phase. Our technical team reviews your data to ensure that the system is designed in a way that is economical yet still sensitive to leaks. By reviewing Bozeman’s water network before submitting a proposal offer, Echologics ensures that our technology will be deployed in the most effective manner possible and in a way that Bozeman expects it to perform. A project manager oversees the entire planning and deployment phase of the project and assists with maintenance and co- ordinating repair to the system after it’s installed. After installation, the system is commissioned, where leak simulations are performed and an initial report is submitted outlining the installation and results of that commissioning. Any initially found leaks are also discussed in the report. When presenting the report, a training session is held with relevant stakeholders from Bozeman to teach utility staff how the system works, what kind of information you will receive and how that information translates into fixing leaks in the field. This presentation is generally done online and a regular refresher can be scheduled as needed, especially if there are new members of the team that need to use it to help with leak repair or work order generation. Once the system is operational, our dedicated data analytics team takes over and begins monitoring the site for suspected leaks. Echologics offers ongoing Managed Services to the City to monitor potential leaks through our permanent monitoring solution. 155 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 11 EchoShore®-DX system employs advanced back-end analytics and machine learning algorithms to enhance filtering of noise events and identifying leaks. Utilizing real-time data collected from acoustic sensors, the system analyzes patterns and detects anomalies that may indicate leaks or other issues. Machine learning models continuously refine their predictions based on historical data and new inputs, improving accuracy over time. This sophisticated approach enables proactive maintenance, reduces water loss, and extends the lifespan of the infrastructure by providing timely alerts and actionable insights to utility managers. In addition to the automated backend analytics, Mueller utilizes a Data Analysis Team to actively monitor water distribution systems by analyzing new PCNs to determine if they correspond to a leak event. The Data Analyst will schedule additional correlations to confirm noise persistency and analyze spectral frequency noise to rule out interference from pumps or electrical sources. The team will compile a list of likely leak locations for the City to investigate and confirm in the field. Upon identifying a PCN, the team will assess the likelihood of a leak by examining the noise characteristics, determining whether it indicates a genuine leak or other factors. The City will have a dedicated data analyst assigned to their account, ensuring personalized and focused attention to their specific needs. This approach enhances leak detection accuracy, reduces water loss, and improves the efficiency of the water distribution system. Figure 7: Managed Services Furthermore, Mueller Customer Service and Project Management teams will work closely with the City of Bozeman to maintain and manage overall system health (includes warranty claims, trouble shooting, technical support, upgrades, etc). 156 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 12 5 EXPERIENCE REQUIREMENTS Our proposed solution was first deployed with water utilities over 10 years ago with the first generation of EchoShore-DX sensors. These were deployed as a commercially available product and has since been innovated on and upgraded over several generations of technology. Echologics currently has over 42,000 sensors deployed across the United States. 5.1 REFERENCES 5.1.1 ASPEN, CO The City of Aspen, renowned for its high-end residences, is committed to prioritizing customer service by preventing disruptions and infrastructure damage caused by leaking pipes. In March 2024, Aspen initiated a 30-sensor pilot to evaluate the system’s capabilities. Following the successful pilot, Aspen has begun expanding their leak detection coverage across the entire network with EchoShore sensors over the next few years. The City of Aspen Dan Smoke, Distribution Operator dan.smoke@aspen.gov 970.309.8166 5.1.2 OMAHA, NE Omaha Metropolitan Utilities District was experiencing a higher than average break rate due to aging infrastructure in their extensive water system. To minimize repair costs, Omaha installed 1,000 EchoShore-DX sensors throughout their network, adopting a proactive approach to leak detection. Since the system’s deployment in August 2024, over 30 leaks have been identified and repaired. Omaha continues to expand their sensor network, further enhancing their ability to detect and address leaks promptly. Omaha Metropolitan Utilities District Gene Siadek, Director, Water Transmission and Supply Gene_Siadek@mudnebr.com 402.504.0722 5.1.3 BIG SKY, MT Big Sky WSD, a small district with limited staff, manages an aging system of asbestos cement pipes that are prone to leaks. Given the high-end nature of the area, property damage can be particularly costly. In early 2024, Big Sky WSD piloted EchoShore-DX to address these challenges. Following the successful pilot, they plan to expand their use of EchoShore-DX sensors to enhance leak detection and protect their community’s infrastructure. Big Sky County Water and Sewer Rose Joseph, Water and Sewer Operator rose@wsd363.com 208.360.9839 6 ORGANIZATIONAL LONGEVITY For over 160 years, utilities have relied on Mueller’s innovative products to deliver clean, safe drinking water in the United States. Echologics, a Mueller Brand, is dedicated to solving urgent water management problems. Since 2004, innovative leakage management and pipe condition assessment solutions have been delivered to leading utilities under the Echologics brand. The Echologics brand is focused on partnering with utilities to deliver improved water pipe management outcomes through superior service and one of a kind products. The Echologics brand is supported by an entrepreneurial, innovative team within Mueller that is tasked with delivering innovative approaches to asset management. Maintaining and upgrading America’s water pipelines is a pressing infrastructure challenge for the coming decades. There are over 1.2 million miles of water pipelines in the United States. The AWWA estimates a 1 trillion-dollar investment in water pipes is required over the next 25 years. Along with the start of the pipe renewal era many experienced utility operators are retiring. New data driven solutions are needed to leverage limited replacement and rehabilitation budgets and manage infrastructure as it 157 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 13 ages. EchoShore®-DX leak monitoring is an innovative tool to help utilities identify water leaks as they start and prevent damage to nearby infrastructure. Over 42,000 EchoShore®-DX monitoring nodes are currently deployed in North America to protect water networks. We are a publicly traded company with strong financial backing and a great forward looking plan. We have plans for long term development of our products, a deep and rich research and development team that includes several specialties such as firmware development, hardware development, software development, product management and machine learning. Please kindly use this link to see Mueller’s financial health. https://ir.muellerwaterproducts.com/financial-information/annual-reports-and-proxies 7 WARRANTY Please see section 14 of our attached Master Services agreement for our Warranty Information 8 INVESTMENT INFORMATION Table 1 outlines the investment information for the proposed EchoShore®-DX leak monitoring system 90-day pilot. At the end of the pilot period, Bozeman can choose to return the sensors to Echologics, or, if they wish to keep the sensors, they can pay the buyout price noted below. This buyout would allow Bozeman to keep the system after the pilot. Table 1: EchoShore®-DX 50-Node Pilot (90 days) EchoShore®-DX Leak Monitoring System - 90-day pilot Item Description Price Unit Quantity Total EchoShore®-DX System Demo with 50 sensors for 3 months (90 days) – includes hardware, system design, installation and managed monitoring services $30,900 Lump Sum 1 $30,900 Pilot Total $30,900 EchoShore®-DX Pilot Buyout EchoShore®-DX Sensors – includes hardware, system design and installation $1,300 Per Node 50 $ 65,000.00 EchoShore®-DX Leak Monitoring Fee $125 Per Node Per Year 50 $ 6,250.00 Subtotal $ 71,250.00 Less Pilot Price $ (30,900.00) System Buyout + 1 Year of Monitoring $ 40,350.00 The pricing is in USD and valid for thirty days. Prices do not include any applicable taxes. Product prices are ExWorks. The prices listed include onsite system installation. Should any civil works or traffic control be required for installation, this would be the responsibility of Bozeman. Table 2 outlines pricing for further system expansion, including volume break points. Technical support and software maintenance are included in the managed monitoring fees. Installation training can be provided during the pilot installation so that Bozeman can choose to perform installation themselves on future projects should they wish to do so. If Bozeman chooses to scale up the system, Mueller will honor the discounted large purchase unit price on the pilot sensors that were already purchased. 158 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 14 Table 2: Expansion Pricing Up to 100 nodes Hardware Item Description Price Unit EchoShore®-DX Nodes $1,190 Per node EchoShore®-DX Install (Optional) $110 Per node Managed Monitoring Service 1-Year Managed Monitoring $125 Per node per year 5-Years Managed Monitoring $565 Per node for 5 years 10-Years Managed Monitoring $1,000 Per node for 10 years 101-1,000 nodes Hardware Item Description Price Unit EchoShore®-DX Nodes $1,170 Per node EchoShore®-DX Install (Optional) $80 Per node Managed Monitoring Service 1-Year Managed Monitoring $95 Per node per year 5-Years Managed Monitoring $430 Per node for 5 years 10-Years Managed Monitoring $760 Per node for 10 years 1,000+ nodes Hardware Item Description Price Unit EchoShore®-DX Nodes $1,155 Per node EchoShore®-DX Install (Optional) $70 Per node Managed Monitoring Service 1-Year Managed Monitoring $70 Per node per year 5-Years Managed Monitoring $315 Per node for 5 years 10-Years Managed Monitoring $560 Per node for 10 years 8.1 PRICING GUARANTEE Please see our Software as a Service Agreement Section 5 part (b) where we discuss fee increases. Please also note, as discussed in Section 2.4 of this document, where we discuss Bozeman’s ability to purchase five or ten years of the monitoring service in advance to not only lock in a rate for that duration but also receive a discount on the overall cost of the managed monitoring service. 159 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 15 APPENDIX A: AFFIRMATION OF NONDISCRIMINATION Echologics, LLC Echologics, LLC Adam Donnelly, VP Smart Water Infrastructure 160 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 16 APPENDIX B: CLOUD SERVICES QUESTIONNAIRE Service Levels: What level of service should we expect? What is the City’s recourse for excessive downtime? Refund of percentage of monthly fee? Echologics’ SENTRYX software services provide a monthly uptime SLA of 98.5%. For leak detection services, data gaps occur more frequently due to outages or obstructions that delay transmission of data over cellular networks. Full system outages will be credited with an extension in monitoring services timeline of equal duration or a credit towards monitoring renewal fees. In the case of full monitoring pre-payment a refund or credit for the pro-rated downtime will be issued. Data Ownership: Who owns the data we provide and what can be done with the data? The customer, Bozeman, owns all the acoustic data collected on site by Echologics sensors. Echologics owns all interpretation and analysis of this data that can support leak alerts. For clarity, Bozeman owns the sound file recorded each night at each sensor. Echologics owns the coherence values between two adjacent sensors that represents the similarity in signals received from both sensors. Bozeman could recreate this analysis if they would like to. Echologics analytical outputs change and improve over time. Bozeman has a licence to leverage Echologics web products as provided and action leak alerts. ADA Compliance: If your proposed services include websites, they must be ADA compliant as defined by WCAG (Web Content Accessibility Guidelines) standards. The proposed services includes websites to support leak alerting. These websites are not yet ADA compliant as defined by the WCAG. Mueller has a design goal to achieve ADA compliance for our digital products over time. The leak monitoring and analysis service from Mueller is a managed monitoring service offering. The website enhances this experience and is a preferred method of interaction for some users. Core elements of leak monitoring, alerting and feedback can be supported through our analysis team with the service customized to support user needs. Specifically, leak alerts can be delivered by email, formatted table or by call as needed to accommodate users on Bozeman’s team. Data Security: How Secure is our data and how is it being kept secure? a. If this is a multi-tenant environment on the same hardware how is our data kept separate and secure from other customers, including and PII (Personally identifiable Information) that may be gathered? Data is secured through user authentication with core leak detection data structured designed with a single tenant structure. The option to input personally identifiable information during customer set up is limited to name, phone number, and email. b. If PII is gathered, is it encrypted in transit and at rest? Names, email and phone number information input into the system is not currently encrypted in transit or at rest. This security feature is on the product development plan. On request, Mueller can recommend process controls to and offer support to ensure that users do not input PII. Note - the overall leak monitoring solution can be delivered without interacting with the website. c. If credit card transactions are occurring is your system fully PCI compliant? No credit card transactions are managed through this website. Data Integrity: What do you do as a vendor to ensure our data maintains it’s integrity? In order to ensure data integrity sound files are encrypted in transit. Further, there are periodic backups of core data. Also of note, the deliverable back to Bozeman is leak alerts. Any cleaning or modification to other input datasets will not make their way back into Bozeman systems. We require data centers to be located in the United States: What Country will our data be located in? Exhibit B: Cloud Services Questionnaire 161 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 17 Mueller uses the Amazon Web Services USA East Region datacenters located in the United States. Of mention, our Leak Monitoring Center accesses data from its operations center in Toronto, Canada. Responding to legal demands to disclose data: What is your process when someone subpoenas or requests our data from you as a vendor? Echologics will promptly comply with properly issued subpoenas. With regard to any customer request for data, Echologics will seek to accommodate the delivery of customer-owned data in a prompt and commercially reasonable manner. Other data requests which are beyond the scope of Customer Data will be given serious consideration and should be subject to a Confidentiality Agreement. Reporting: What is your protocol for data breaches? Mueller has a corporate cybersecurity team that follows a defined incident response process. This corporate team manages internal IT systems and external web solutions for Mueller technology users. Following incident identification Mueller activates a third-party data security organization that can deliver digital forensics and incident response (DFIR). The DFIR supports investigation of significant events inclusive what systems were impacted and was any data accessible to non-authorized users. Mueller has internal and external resources on call in order to evict threat actors from systems, identify the root cause of the breach and close any vulnerabilities that led to the breach. Another capability is rapid system restoration following the breach. Internal and external resources are available to support restoration depending on the extent of the issue. Mueller will notify users of incidents impacting service delivery for pipeline monitoring when there is a known gap in service delivery. This type of notice is issued as soon as practical following incident discovery. Following incident investigation notice will be given for known breaches that offered access to user data. Disaster Recovery: What protections/protocols do you have in place to mitigate disasters? Periodic backups of core datasets would enable recovery in the case of disaster. The system is designed to rely on major telecom and cloud computing providers inclusive AT&T, AWS, and Verizon. Business Continuity/Exit: If you decide to bring your business to an end or we end our business relationship what happens to our data? If you give us a copy of our data, what format options will there be for our data and what assistance will you provide getting our data to us? Echologics is wholly owned by Mueller Water Products, a 165 year old company. In the unlikely event of business exit, Bozeman’s data will be available for download at any time via API and through the web user interface. The formats supported for data delivery may change over the course of the contract as protocols evolve. Currently, Bozeman can directly download individual sound files from the web user interface on demand. The entire sound file history can be provided on request as a one off download or by configuring an API pull. Special formats and API set up may require charges by quote. The data may be formatted as mp3 and Bozeman could provide to alternate analytical providers as needed. This dataset currently appears to be of limited value and no USA based customer has currently requested their data. Termination rights and consequences: What is your termination policy both for you as a vendor and us as a customer? Termination policies are defined in our standard terms and conditions. Completed by: Paul Murray____________ Date: November 8th 2024__________ 162 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 28 SOFTWARE AS A SERVICE AGREEMENT Agreement Effective Date: CUSTOMER NAME & ADDRESS (“Customer”): This Software as a Service Agreement (this "Agreement"), effective as of the date set forth above (the "Effective Date"), is by and between ECHOLOGICS, LLC, a Delaware limited liability company with offices located at 1200 Abernathy Rd, NE, Suite 1200, Atlanta, GA 30328 ("Provider"), and you, the customer ("Customer"). Provider and Customer may be referred to herein collectively as the "Parties" or individually as a "Party." WHEREAS, Provider and its Affiliates provide advanced water network monitoring, measurement, and control systems through its Software Services platform; WHEREAS, Customer has entered or may enter into a separate agreement with Provider and/or its Affiliate(s), or Provider’s authorized distributor, for certain technology products and/or services which also require the use of Software Services made available by Provider (“Prime Agreement”); and WHEREAS, Customer’s access and use of the Software Services is subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.Definitions. (a)“Affiliate(s)” means any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, a party. (b)“Affiliate Product(s)” means Provider Affiliate product(s) which may work in combination with the Software Services. (c)"Aggregated Statistics" means data and information related to Customer's use of the Software Services that is used byProvider in an aggregate and anonymized manner, including to compile statistical and performance information related tothe provision and operation of the Software Services. NAME: ADDRESS LINE 1: ADDRESS LINE 2: CITY, STATE, ZIP: Exhibit C: Echologics Software as a Service Agreement 163 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 29 (d) “Application Programming Interface” or “API” means a set of defined rules that enable different applications to communicate with each other for the purpose of processing data. (e) "Authorized User" means Customer's employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Software Services under the rights granted to Customer pursuant to this Agreement and (ii) for whom access to the Software Services has been purchased hereunder. (f) "Customer Data" means information and data that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Software Services. (g) "Documentation" means Provider's user manuals, handbooks, and guides relating to the Software Services provided to Customer upon its access to the Software Services. (h) “Fees” means the fees paid in relation to the Software Services as set forth in the Prime Agreement. (i) "Provider IP" means the Software Services, the Documentation, and any and all intellectual property provided to Customer or any Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics, algorithmic tools and analysis outputs, and any information, data, or other content derived from Provider's monitoring of Customer's access to or use of the Software Services, but does not include Customer Data. (j) "Software Services" means any application within the online SENTRYXTM software-as-a-service offering for use by Customer and its Authorized User(s). For avoidance of doubt, the Software Services do not include any Provider-managed services. (k) "Third-Party Products" means third-party products which may work in combination with the Software Services. 2. Access and Use. (a) Provision of Access. Subject to and conditioned on Customer's payment of Fees and compliance with all other terms and conditions of this Agreement, Provider hereby grants Customer a non-exclusive, non-transferable right to access and use the Software Services during the Term, solely for use by Authorized Users in accordance with the terms and conditions herein. Such use is limited to Customer's internal use. Provider shall provide to Customer the necessary passwords and network links, mobile device application download links, or connections to allow Customer to access the Software Services. (b) Documentation License. Subject to the terms and conditions contained in this Agreement, Provider hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use the Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Software Services. (c) API. Provider shall make available certain standard APIs for Customer’s use with its systems or services. Customer agrees to not abuse, misuse or exceed the reasonable limitations of the API access. Provider reserves the right to monitor Customer’s API usage and enforce rate limits or other restrictions, such as but not limited to queries, to ensure the stability and optimal performance of the API and the Software Services. Customer acknowledges that the API usage is provided "as-is" and does not come with any warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose. Provider shall not be liable for any damages, losses, or liabilities arising from Customer's use of the API. In the event of any breach of the API uses permitted by this provision, Provider reserves the right to suspend or terminate Customer’s API access. By utilizing any API, Customer agrees to comply with all applicable laws, regulations, and industry standards related to data protection, privacy, and security. Any API customization and/or integration support beyond Provider’s standard API offering shall be subject to Provider approval and associated consulting and development fees. (d) Use Restrictions. Customer shall not use the Software Services for any purposes beyond the scope of the access granted in this Agreement. Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Software Services or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Software Services or Documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Software Services, in whole or in part; (iv) remove any proprietary notices from the Software Services or Documentation; or (v) use the Software Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law. (e) Reservation of Rights. Provider reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP. (f) Suspension. Notwithstanding anything to the contrary in this Agreement, Provider may temporarily suspend Customer's and any Authorized User's access to any portion or all of the Software Services if: (i) Provider reasonably determines that (A) there is a threat or attack on any of the Provider IP; (B) Customer's or any Authorized User's use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other customer or vendor of Provider; (C) Customer, or any Authorized User, is using 164 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 30 the Provider IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Provider's provision of the Software Services to Customer or any Authorized User is prohibited by applicable law; (ii) any vendor of Provider has suspended or terminated Provider's access to or use of any third-party services or products required to enable Customer to access the Software Services; or (iii) in accordance with Section 5(a) (a “Service Suspension”). Provider shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Software Services following any Service Suspension. Provider shall use commercially reasonable efforts to resume providing access to the Software Services as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Provider will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a Service Suspension. (g) Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Provider may monitor Customer's use of the Software Services and collect and compile Aggregated Statistics. As between Provider and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. Customer acknowledges that Provider may compile Aggregated Statistics based on Customer Data input into the Software Services. Customer agrees that Provider may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify Customer or Customer's Confidential Information unless otherwise approved in writing by Customer. 3. Customer Responsibilities. (a) General. Customer is responsible and liable for all uses of the Software Services and Documentation resulting by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by Customer will be deemed a breach of this Agreement by Customer. Customer shall use reasonable efforts to make all Authorized Users aware of this Agreement's provisions as applicable to such Authorized User's use of the Software Services, and shall cause Authorized Users to comply with such provisions. (b) Customer Systems. Customer is responsible for (i) the acquisition, set-up and maintenance of its own mobile device and/or desktop computer equipment, as applicable, and the competent operation thereof in accordance with the Documentation; (ii) providing Provider with such access to its computer systems as is necessary for Provider to provide the Software Services; and (iii) providing all cooperation and assistance as Provider may reasonably request to enable Provider to provide the Software Services in connection with this Agreement. (c) Third-Party Products and Affiliate Products. Provider may from time to time allow Third-Party Products or Affiliate Products to work in combination with or to be supported by the Software Services. For purposes of this Agreement, such Third-Party Products and/or Affiliate Products are subject to their own terms and conditions and must be procured by Customer separately from this Agreement. 4. Service Levels and Updates. (a) Service Levels. Subject to the terms and conditions of this Agreement, Provider shall use commercially reasonable efforts to make the Software Services available in accordance with the service levels set forth below: Provider shall ensure that, in each calendar month from the start date of the Software Services (“Availability Period”), the Software Services will have an average availability of 99.5% of the Availability Period as measured from within Provider’s infrastructure environment (the “Availability Target”), as calculated in accordance with the following formula: Software Services Availability = (System Time - Disregarded Downtime) * 100 / System Time “System Time” means the number of hours in the relevant Availability Period. “Disregarded Downtime” means the number of hours of non-availability of the Software Services as measured from within Provider’s infrastructure environment, excluding non- availability caused by: (i) Planned maintenance or outages for which Provider has provided the Customer at least five (5) days’ prior notice; (ii) Any device failure including, without limitation, non-availability or reduced availability of mobile network cover; (iii) Any problem with the internet or the Customer’s internet connection (including any Wi-Fi connection where one is being used); 165 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 31 (iv) Any act or omission by the Customer, or any person acting on behalf of the Customer, which prevents or delays the availability of the hosted services; and/or (v) Any Force Majeure event, including any failure of the internet or an occurrence of another major circumstance or event outside of Provider’s control. Provider reserves the right to take the Software Services offline in order to carry out emergency maintenance, but shall use commercially reasonable efforts to provide the Customer with as much notice as is reasonably possible. Provider cannot guarantee the availability of the cellular, LoRa or other third party-maintained networks on which data communications depend. (b) Updates. Customer acknowledges that the Software Services may from time to time include updates, upgrades and other enhancements which Provider in its sole discretion will make available. All upgrades and testing of the Software Services will be performed at Provider’s discretion. Customer will have no right hereunder to require specific customization of the Software Services, such as access to a prior version level or unique user interface. 5. Fees and Payment. (a) Fees. Customer shall pay the Fees as provided in the Prime Agreement. The applicable purchase order, invoice, schedule, exhibit, attachment, task order, or other ordering document included in the Prime Agreement (“Order”) will establish the original order date for the Software Services (“Order Date”). If Customer fails to pay the Fees when due, without limiting Provider's other rights and remedies, Provider may suspend Customer's and its Authorized Users' access to any portion or all of the Software Services until such amounts are paid in full. (b) Fee Increase. Unless otherwise provided, the Fee for any Renewal Terms(s) (as defined below) shall escalate annually as of each annual anniversary of the Software Services original Order Date by the amount of the prior term’s Fee plus the increase as based upon the U. S. Bureau of Labor Statistics Producer Price Index for Data Processing and Related Services, Hosting, ASP and Other IT Infrastructure Provisioning Services, Series ID: PCU5182105182105, 12-month percent change. The Renewal Fee is based upon the number of active endpoints at the time of Renewal. For any Initial Term longer than one (1) year, the Renewal Fee pricing shall be subject to then-current pricing after the conclusion of the initial Term, followed by application of the index-based escalation as provided above. 6. Confidential Information and Data Privacy. (a) From time to time during the Term, either Party may disclose or make available to the other Party non-public, proprietary information about its business affairs, products, services, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other tangible form, that is reasonably understood from the context of the disclosure, or is affirmatively marked, designated, or otherwise identified as "confidential" (collectively, "Confidential Information"). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving Party at the time of disclosure; (c) rightfully obtained by the receiving Party on a non-confidential basis from a third party; (d) independently developed by the receiving Party; or (e) disclosed under legal compulsion. The receiving Party shall use the Confidential Information solely for the performance of this Agreement and shall not disclose the disclosing Party's Confidential Information to any person or entity, except to the receiving Party's employees who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations hereunder. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (i) in order to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the Party making the disclosure pursuant to the order shall first have given written notice to the other Party and made a reasonable effort to obtain a protective order; or (ii) to establish a Party's rights under this Agreement, including to make required court filings. On the expiration or termination of the Agreement, the receiving Party shall promptly return to the disclosing Party all copies, whether in written, electronic, or other form or media, of the disclosing Party's Confidential Information, or destroy all such copies and certify in writing to the disclosing Party that such Confidential Information has been destroyed. Each Party's obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five (5) years from the date first disclosed to the receiving Party; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non- disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. (b) Data Privacy and Security. (i) By Provider. Without limiting Provider’s obligation of confidentiality as further described herein, Provider will use commercially reasonable efforts to establish and maintain a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that is designed to: (a) ensure the security and confidentiality of the Customer Data; (b) protect against any anticipated threats or hazards to the security or integrity of 166 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 32 the Customer Data; (c) protect against unauthorized disclosure, access to, or use of the Customer Data; (d) ensure the proper disposal of Customer Data; and, (e) ensure that all employees, agents, and subcontractors of Provider, if any, comply with all of the foregoing. (ii) Data Protection. Each Party shall comply with all laws and regulations applicable to the processing of personal data in connection with any transactions related to this Agreement which may be applicable, including any other legal requirements related to (a) privacy and data security, and (b) the use, collection, retention, storage, security, disclosure, transfer, disposal and other processing of personal data (“Privacy Laws”). Unless otherwise agreed in the Prime Agreement, Customer consents to the storage of Customer Data on a Provider server located in the United States or Ireland. Customer is responsible for obtaining any necessary authorizations and consents prior to disclosing Customer Data to Provider or to any third party. The terms “controller”, “personal data” and “processing” used in this section shall have the meaning set out in the applicable Privacy Laws. Either Party may use personal data consisting of ordinary business contact data (e.g., name, phone number, email address, etc.) in its capacity as a controller or processor strictly in accordance with applicable Privacy Laws in the normal course of business but only for the purpose of administration of the Party’s business relationship and performance of their obligations under this Agreement. 7. Intellectual Property Ownership; Feedback. (a) Provider IP. Customer acknowledges that, as between Customer and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP, and with respect to Third-Party Products or Affiliate Products, the applicable third-party or Affiliate owns all right, title, and interest, including all intellectual property rights, in and to the Third- Party Products or Affiliate Products. (b) Customer Data. Provider acknowledges that, as between Provider and Customer, Customer owns all right, title, and interest in and to the Customer Data. Customer hereby grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Provider to provide the Software Services to Customer, and a non-exclusive, perpetual, irrevocable, royalty- free, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer Data within the Aggregated Statistics. Provider may share Customer Data with its Affiliates as necessary to provide the Software Services or to allow one to make available other services to Customer it may benefit from. (c) Feedback. If Customer or any of its employees or contractors sends or transmits any communications or materials to Provider by mail, email, telephone, or otherwise, suggesting or recommending changes to the Provider IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), Provider is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Customer hereby assigns to Provider on Customer's behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Provider is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Provider is not required to use any Feedback. 8. Limited Warranty. (a) Provider warrants that the Software Services will conform in all material respects to the service levels set forth in Section 4(a) when accessed and used in accordance with the Documentation. Provider does not make any representations or guarantees regarding uptime or availability of third party networks such as but not limited to datacenter hosting or cellular or other connectivity. Any failure by Provider to meet the Availability Period shall entitle Customer to a term extension of Software Services for the period of time the Availability Period was not achieved. The remedy set forth in in this Section 8(a) is Customer's sole remedy and Provider's sole liability, and no Provider failure to maintain the Availability Period at any time shall be deemed a breach of this Agreement. THE FOREGOING WARRANTY DOES NOT APPLY, AND PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS OR AFFILIATE PRODUCTS. (b) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 8(a), THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND ON A “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT AND SYSTEM INTEGRATION, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 8(a), PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE PROVIDER IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SOFTWARE SERVICES IS AT CUSTOMER’S RISK. PROVIDER DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR ANY THIRD-PARTY PRODUCTS OR SERVICES OR AFFILIATE PRODUCTS OR SERVICES. 9. Indemnification. 167 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 33 (a) Provider Indemnification. (i) Provider shall indemnify, defend, and hold harmless Customer from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) ("Losses") incurred by Customer resulting from any third-party claim, suit, action, or proceeding ("Third-Party Claim") that the Software Services, or any use of the Software Services in accordance with this Agreement, infringes or misappropriates such third party's intellectual property rights, patents, copyrights, or trade secrets, provided that Customer promptly notifies Provider in writing of the claim, cooperates with Provider, and allows Provider sole authority to control the defense and settlement of such claim. (ii) If such a Third-Party Claim is made or appears possible, Customer agrees to permit Provider, at Provider's sole discretion, to (A) modify or replace the Software Services, or component or part thereof, to make it non-infringing, or (B) obtain the right for Customer to continue use. If Provider determines that neither alternative is reasonably available, Provider may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Customer, and refund Customer any pre-paid Fees on a pro rata basis as of the time of termination. (iii) This Section 9(a) will not apply to the extent that the alleged infringement arises from: (A) use of the Software Services in combination with data, software, hardware, equipment, or technology not provided by Provider or authorized by Provider in writing; (B) modifications to the Software Services not made by Provider; (C) Customer Data; or (D) Third- Party Products. (b) Customer Indemnification. Customer shall indemnify, hold harmless, and, at Provider's option, defend Provider from and against any Losses resulting from any Third-Party Claim that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party's intellectual property rights, and any Third-Party Claims based on Customer's or any Authorized User's (i) failure to obtain any necessary consents in accordance with the Privacy Laws; (ii) negligence or willful misconduct; (iii) use of the Software Services in a manner not authorized by this Agreement; (iv) use of the Software Services in combination with data, software, hardware, equipment, or technology not provided by Provider or authorized by Provider in writing; or (v) modifications to the Software Services not made by Provider, provided that Customer may not settle any Third-Party Claim against Provider unless Provider consents to such settlement, and further provided that Provider will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice. (c) Sole Remedy. THIS SECTION 9 SETS FORTH CUSTOMER'S SOLE REMEDIES AND PROVIDER'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SOFTWARE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. 10. Limitations of Liability. IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, LIQUIDATED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. 11. Term and Termination. (a) Term. The initial term of this Agreement begins on the Order Date and will continue in effect for one (1) year (the "Initial Term"), whereupon it will automatically renew for additional successive one (1) year terms unless earlier terminated pursuant to this Agreement's express provisions or either Party gives the other Party written notice of non-renewal at least 90 days prior to the expiration of the then-current term (each a "Renewal Term"). (b) Termination. In addition to any other express termination right set forth in this Agreement: (i) Provider may terminate this Agreement, effective on written notice to Customer, if Customer: (A) fails to pay any amount when due hereunder, and such failure continues more than thirty (30) days after Provider's delivery of written notice thereof; or (B) breaches any of its obligations under Section 2(c) or Section 6; (ii) either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this Agreement, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured thirty (30) days after the non-breaching Party provides the breaching Party with written notice of such breach; or (iii) either Party may terminate this Agreement, effective immediately upon written notice to the other Party, if the other Party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, 168 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 34 trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. (c) Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, Customer shall immediately discontinue use of the Provider IP and, without limiting Customer's obligations under Section 6, Customer shall delete, destroy, or return all copies of the Provider IP and certify in writing to the Provider that the Provider IP has been deleted or destroyed. No expiration or termination will affect Customer's obligation to pay all Fees that may have become due before such expiration or termination or entitle Customer to any refund. (d) Survival. This Section 11(d) and Sections 1, 5, 6, 7, 8(b), 9, 10, and 12 survive any termination or expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this Agreement. 12. Miscellaneous. (a) Entire Agreement. This Agreement, together with any other documents incorporated herein by reference and all related Orders, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. (b) Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") must be in writing and addressed to the Parties at the addresses set forth on the first and/or last page of this Agreement (or to such other address that may be designated by the Party giving Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only: (i) upon receipt by the receiving Party; and (ii) if the Party giving the Notice has complied with the requirements of this Section. (c) Force Majeure. In no event shall Provider be liable to Customer, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Provider's reasonable control, including but not limited to acts of God, any natural disaster, epidemic, pandemic (including, but not limited to, COVID-19), explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances such as but not limited to failures or fluctuations in electrical power, telecommunications equipment or hosting services, or passage of law, order, regulation or any action taken by a governmental or public authority, including imposing an embargo. (d) Amendment and Modification; Waiver. This Agreement may not be amended or modified orally but only through a written amendment that is signed by each Party. No waiver of any right or duty under this Agreement will be effective, and no course of dealing will be binding on either Party, unless set forth in writing and signed by both Parties. (e) Severability. If any provision of this Agreement is void or unenforceable: (i) the Parties agree to replace such void or unenforceable provision with a replacement provision that most nearly approximates the outcome intended by the void or unenforceable provision, and (ii) such invalidity or enforceability will not affect the validity or enforceability of any other provision hereof. (f) Governing Law; Submission to Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware, United States, without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware. In the event of a dispute the Parties may mutually agree to resolve the dispute by direct negotiation, mediation, or non-binding arbitration. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder will be instituted in the state or federal courts of the State of Georgia, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. The Parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of where the Parties do business or are incorporated. (g) Assignment. Neither Party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of Provider provided, however, that each Party may assign its rights and obligations hereunder to an Affiliate. Any purported assignment or delegation in violation of this Section will be null and void. This Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns. (h) Compliance with Laws/Export Regulation. The Parties will comply with all applicable laws, regulations and codes, including procurement of permits and licenses, when needed, of their respective states, territories, provinces, and/or countries in the performance of this Agreement, provided such is not in violation of the U.S. Government’s Export and Anti-boycott Rules and Regulations. The Software Services and related technical information, documents and materials are subject to export controls under the U.S. Export Administration Regulations and other applicable laws. Customer will (a) comply strictly with all legal requirements established under these controls; (b) cooperate fully with Provider in any audit or inspection that relates to these controls; and (c) not export, re-export, divert or transfer, directly or indirectly, any such item to any country or 169 PROPOSAL: 42224132 ECHOSHORE®-DX PERMANENT LEAK DETECTION – DISTRIBUTION MONITORING SYSTEM CITY OF BOZEMAN 35 person who or which is embargoed by Executive Order or any applicable law, including any rules, regulations or policies promulgated thereunder. (i) US Government Rights. Each of the Documentation and the software components that constitute the Software Services is a "commercial product" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if Customer is an agency of the US Government or any contractor thereof, Customer only receives those rights with respect to the Software Services and Documentation as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government users and their contractors. (j) Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Section 2(c), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise. (k) Publicity. Neither Party may release any information to third parties, make any public statements about this Agreement or otherwise use the other Party’s name, logo or trademarks without the other Party’s express written consent. (l) Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. IN WITNESS WHEREOF, each of the parties has caused this Agreement to be signed and delivered by its duly authorized representative. PROVIDER CUSTOMER By: Name: Adam Donnelly Title: President By: Name: Title: 170 Memorandum REPORT TO:City Commission FROM:Jill Miller, Water Treatment Plant Superintendent Shawn Kohtz, Utilities Director SUBJECT:Authorize Interim City Manager to Sign a Professional Services Agreement with Corrpro for Annual Inspection of the Hilltop Tank Cathodic Protection System. MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize Interim City Manager to execute the Professional Services Agreement with Corrpro for annual inspection of the Hilltop Tank cathodic protection system. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:The two million gallon Hilltop Tank had cathodic protection installed in 2007 by Corrpro. Since then the cathodic protection system has been inspected annually by Corrpro. The inspection generally occurs between June and August depending on the company's schedule. This inspection includes measurements of corrosion and corrosion potential, adjustment of system as necessary, and submitting a report. UNRESOLVED ISSUES:none ALTERNATIVES:Forgo annual inspection. FISCAL EFFECTS:The inspection is budgeted for annually in the WTP Operating budget. The cost of the inspection is $1,080. Attachments: PSA with Corrpro 2025 with Exhibit.pdf Report compiled on: April 21, 2025 171 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2025 – FY 2026 Page 1 of 11 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 1st day of June, 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, Corrpro Companies, Inc., hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in Plan “C” Service as described in and attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 31st day of May, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will conduct an inspection of the cathodic protection corrosion control equipment of the hilltop tank at the Bozeman Water Treatment Plant and provide the services in accordance with the requirements of the Scope of Services as described in Plan “C” Service of Exhibit A. For conflicts between this Agreement and the terms in Exhibit A, unless specifically provided otherwise, the terms of this Agreement govern, including but not limited to Section 7. 4. Payment: City agrees to pay Contractor $1080.00 for the services described in Exhibit A. 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 $1080.00. The City must agree in writing upon any additional charges. Unless otherwise set forth in the Agreement, payments are due to Contractor from the City within thirty (30) days receipt of invoice and payable in U.S. Dollars. In the event City does not pay in accordance with the terms of this Agreement, Contractor shall have the right to terminate the 172 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2025 – FY 2026 Page 2 of 11 Agreement and City shall pay all collection costs incurred by Contractor, including attorneys’ fees. 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 for one (1) year from completion date, 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 173 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2025 – FY 2026 Page 3 of 11 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, within the limits of its insurance, 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, within the limits of its insurance in this Agreement, 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 reasonable attorney’s fees and the costs and fees of expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected 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 and within the limits of its insurance in this Agreement, 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 willful 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 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. 174 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2025 – FY 2026 Page 4 of 11 Should any indemnitee described herein 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 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 the Contractor 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. 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 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 and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; • Automobile Liability - $1,000,000 property damage/bodily injury per accident; and • Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. 175 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2025 – FY 2026 Page 5 of 11 The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non- contributory basis on the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and carrier will provide cancellation notice in accordance with policy provisions. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 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 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 176 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2025 – FY 2026 Page 6 of 11 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 each party 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 against the other. 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: 177 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2025 – FY 2026 Page 7 of 11 a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Jill Miller, Water Treatment Plant 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 the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be Raychell Whitlow-Long 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. 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, 178 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2025 – FY 2026 Page 8 of 11 gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 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. 179 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2025 – FY 2026 Page 9 of 11 18. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including City Attorney. 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. 180 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2025 – FY 2026 Page 10 of 11 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. 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. 30. Integration: This Agreement and the Scope of Services specifically described as in Exhibit A attached hereto constitute the entire agreement of the parties. The following language in Exhibit A is specifically excluded from this Agreement and nonbinding on the parties: “Corrpro’s total liability to Client shall not exceed the amount of compensation actually paid for the services, products, or materials giving rise to the claim. Client and Corrpro waive all rights against each other and any of their subcontractors, agents, and employees for all loss or damage to property or its loss of use.” 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. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** 181 Professional Services Agreement for Inspection of Cathodic Protection of Hilltop Tank FY 2025 – FY 2026 Page 11 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA CONTRACTOR (Type Name Above) By Chuck Winn, Interim City Manager By Print Name: Print Title: APPROVED AS TO FORM: By Greg Sullivan, Bozeman City Attorney 182 183 184 Memorandum REPORT TO:City Commission FROM:Jeff Butts, MPO Manager SUBJECT:Authorize the City Manager to sign a Professional Services Agreement (PSA) with Nelson\Nygaard for the development of the Gallatin Valley Metropolitan Planning Organization's Long Range Transportation Plan MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Consider the motion: I move to authorize the City Manager to sign a Professional Services Agreement with Nelson\Nygaard for the development of the Gallatin Valley Metropolitan Planning Organization's Long Range Transportation Plan. STRATEGIC PLAN:1.3 Public Agencies Collaboration: Foster successful collaboration with other public agencies and build on these successes. BACKGROUND:The City of Bozeman serves as the host agency for the Gallatin Valley Metropolitan Planning Organization (MPO), a federally designated regional transportation planning body established following the 2020 Census when the Bozeman Urbanized Area exceeded a population of 50,000. The MPO was formally designated by Governor Gianforte in December 2023 after a collaborative process with local, state, and federal partners. In addition to the City of Bozeman, the MPO includes representation from the City of Belgrade, Gallatin County, the Montana Department of Transportation, and the Gallatin Valley Urban Transportation District. The MPO is governed by the Transportation Policy Coordinating Committee (TPCC). Technical guidance is provided by the Transportation Technical Advisory Committee (TTAC). Federal law requires MPOs to develop and maintain a Long Range Transportation Plan (LRTP), which establishes the framework for coordinated regional transportation investments. The LRTP defines a shared transportation vision for the Metropolitan Planning Area (MPA) and includes a fiscally constrained list of priority projects. All transportation projects seeking federal funding within the MPO’s planning area must align with the adopted LRTP. The MPO is required to adopt its first LRTP by December 26, 2026. Following a competitive procurement process, the TPCC approved the 185 selection of Nelson\Nygaard Consulting Associates, Inc. to lead development of the LRTP at its March 26, 2025 meeting. The full scope of work and contract are attached for reference. As the MPO’s host agency, the City of Bozeman serves as the fiscal agent providing administrative oversight and financial management in accordance with federal requirements. Accordingly, the consultant contract will be executed between the City of Bozeman and Nelson\Nygaard on behalf of the MPO. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The total cost of $347,997.96 is covered by Federal and State MPO planning funds. No contribution from City funds is required. Attachments: MPO_LRTP_PSA_NelsonNygaard_Final.pdf Report compiled on: March 27, 2025 186 Professional Services Agreement for Gallatin Valley MPO Long Range Transportation Plan Page 1 of 14 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _6th day of May , 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, Nelson\Nygaard Consulting Associates, Inc., with a mailing address of 621 SW Morrison Street, Suite 1400, Portland, OR 97205, hereinafter referred to as “Contractor.” The City and Contractor may be referred to individually as “Party” and collectively as “Parties.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Exhibit A and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the Effective Date and will expire on the 26th day of December, 2026, unless earlier terminated in accordance with this Agreement. 3. Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. Cost shall include: a. Cost. Cost is the actual cost of the work. Through the negotiations process, the City establishes a ceiling or upper limit on a cost-plus-fixed-fee contract. Federal 187 Professional Services Agreement for Gallatin Valley MPO Long Range Transportation Plan Page 2 of 14 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 City is required for overtime compensation. d. Indirect Costs, applicable to Consultant and Subconsultants. Generally, after the execution of this agreement, the City 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 City 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 any 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, City-accepted indirect cost rate or cognizant audit; or Subconsultant is providing vendor-type services or contract labor and does not have a current, City- 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. 188 Professional Services Agreement for Gallatin Valley MPO Long Range Transportation Plan Page 3 of 14 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 City 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 City as part of the Risk Assessment Package. 3. At the City’s sole discretion, the Consultant shall pay the City 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 of the City’s letter of acceptance; except, an IDC rate not accepted by the City 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 City. 5. In the event the City, 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 CITY will consider these exceptions. Any exceptions, if approved, must be in writing and must comply with all applicable laws, regulations, policies, and procedures. 189 Professional Services Agreement for Gallatin Valley MPO Long Range Transportation Plan Page 4 of 14 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 generally known conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may reasonably be expected to affect cost, progress or performance of the Scope of Services. b. Contractor represents 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 to 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. 190 Professional Services Agreement for Gallatin Valley MPO Long Range Transportation Plan Page 5 of 14 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, indemnify, and hold harmless the City, its 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 asserted against, recovered from or suffered by the City caused by: (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 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 191 Professional Services Agreement for Gallatin Valley MPO Long Range Transportation Plan Page 6 of 14 this Agreement, the City may elect to represent itself, in which case the City shall bear all costs and expenses relating to such suit. Contractor also waives any and all claims and recourse against the City, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for [City’s] own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers’ Compensation – statutory; • Employers’ Liability - $1,000,000 per occurrence; $1,000,000 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. 192 Professional Services Agreement for Gallatin Valley MPO Long Range Transportation Plan Page 7 of 14 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 substantially perform any of its material 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. 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. 193 Professional Services Agreement for Gallatin Valley MPO Long Range Transportation Plan Page 8 of 14 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 discovery 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 _Jeff Butts, MPO Manager or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writing and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _Zachary Zabel, Associate Principal_ or such other individual as 194 Professional Services Agreement for Gallatin Valley MPO Long Range Transportation Plan Page 9 of 14 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. Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). 195 Professional Services Agreement for Gallatin Valley MPO Long Range Transportation Plan Page 10 of 14 The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while engaged in the performance of any activities under this Agreement. Further, Contractor shall not engage in the performance of any activities under this Agreement while intoxicated by any such substance(s). 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 196 Professional Services Agreement for Gallatin Valley MPO Long Range Transportation Plan Page 11 of 14 continuous inspection and supervision of the work performed. The Contractor is responsible for instructing its employees and agents in safe work practices. 17. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19. Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other 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. 20. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. 197 Professional Services Agreement for Gallatin Valley MPO Long Range Transportation Plan Page 12 of 14 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. 23. Survival: Sections 4 and 11, as well as Contractor’s indemnification obligations set forth in Section 7 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. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 1) 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. 198 Professional Services Agreement for Gallatin Valley MPO Long Range Transportation Plan Page 13 of 14 **** 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 By Chuck Winn, City Manager Nelson\Nygaard Consulting Associates, Inc. _ CONTRACTOR (Type Name Above) By Print Name: Jonathan Watts _ Print Title: Director of Operations _ APPROVED AS TO FORM: By Greg Sullivan, Bozeman City Attorney 199 Nelson\Nygaard Consulting Associates, Inc. | 4 EXHIBIT A Scope of Services PROJECT APPROACH Understanding Few regions of its size are enjoying the same levels of activity and growth as Southwestern Montana. With a booming population, thriving economy, beautiful setting, flagship state university campus, and proximity to world- famous tourist destinations, the Bozeman area faces a time of immense opportunity. With the milestone 2020 Census that brought the Bozeman area over the 50,000-person threshold for categorization of a Metropolitan Area, the region is now tasked with developing a Long-Range Transportation Plan (LRTP) meeting all federal, state, and local requirements before the end of 2026. This will provide the City of Bozeman, City of Belgrade, and urbanized areas in Gallatin County within the MPA boundaries a chance to create a fully integrated multi-decade vision for transportation infrastructure and mobility programming based on a consensus of priorities and shared values with agency partners and the community. We recognize that reaching this point for the Bozeman area has not come without sizeable challenges on infrastructure and concerns of affordability, sustainability, and resiliency for residents. In the Census between 2010 and 2020, population rose by over 40%, which has been followed by an influx of high-net worth individuals and remote workers relocating from higher cost states. This has resulted in tremendous activity for Bozeman’s restaurants, entertainment, and retail, new employment opportunities in technology and medicine, and residential growth on the outskirts on previously agricultural land. Such momentum has also led housing prices to skyrocket, exacerbating regional inequality for existing residents and creating challenging circumstances for newcomers looking to find opportunities generated by this growth. To retain the qualities that make the Bozeman area such a compelling magnet for growth in the first place, the region’s first LRTP needs to be comprehensively well-informed by previous plans and studies of the Cities of Bozeman and Belgrade, Gallatin County, and MDT to build on previous success. The LRTP process allows the GVMPO to implement its first instances of major community involvement and collaboration, helping to solidify the region’s transportation goals, values, and objectives, while building consensus and coalitions that can be leveraged for participation and implementation support long after the plan is adopted. To meet this charge our following scope of work will be staffed with locally experienced national experts with the ability to deliver GVMPO an LRTP in a collaborative, technically sound, and inclusive manner that will best position the region for competitive funding and advance the Bozeman area’s regional planning objectives. Scope of Work Task 1: Project Management and Administration Establishing a clear and effective project management system is fundamental to all successful projects, and that is especially true for regional planning efforts that involve balancing opinions and ideas across multiple agencies. We believe the best projects are partnerships with our clients and subconsultants. We will build from a comprehensive kickoff meeting and communicate regularly to ensure that LRTPs are well organized, on time, and on budget. Chris Johnson, our principal-in-charge, and our project manager, Zach Zabel, have experience working collaboratively together across our proposed project team on LRTP’s. Keys to our team’s project management approach are:  Clear and detailed work planning and scheduling  Collaborative partnership with our clients and subconsultants  Strong and established quality control procedures 200 Nelson\Nygaard Consulting Associates, Inc. | 5 Gallatin Valley Metropolitan Planning Organization: Long Range Transportation Plan City of Bozeman, MT  Regular, consistent communication  Advance preparation for all meetings  An integrated team where our project managers are also our technical experts Our QA/QC protocols specify work procedures for contracting, project initiation through planning completion, deliverables, and project closeout by identifying project goals, research, findings, analysis of results, and recommendations for action regarding the strategies and policies developed during the project. Our project deliverables will provide GVMPO with reliable, consistent documentation with recommendations based on sound planning principles and standards that meet your project goals and expectations. 1.1 Project Initiation and Management From our previous LRTP work, we recognize the importance of regular check-ins to bring the project team together to confirm priorities, refine work products, prepare presentations, and confirm schedules. To maintain project momentum and continuity, we propose biweekly web-based conference calls with GVMPO staff and additional participants as needed. Additional channels of communication (email, calls, ad hoc meetings, etc.) may be used to ensure coordination between biweekly meetings. To establish a framework for the seamless delivery of the LRTP, we will develop a detailed Project Management Plan (PMP) with a schedule outlining all work and deliverables, which will help us maintain accountability and assess progress. The PMP will identify key task deliverables, deadlines, milestones, presentations, and public engagement touchpoints by project phase. The PMP will also outline expectations for public involvement activities, engagements with key stakeholders (public and private sector), and briefings for various committees, including the GVMPO's Transportation Policy Coordinating Committee (TPCC), and the Transportation Technical Advisory Committee (TTAC). 1.2 Progress Reporting As part of ongoing project management, Nelson\Nygaard will provide monthly written progress reports detailing the activities on key tasks and deliverables, as well as project budget status. The monthly progress reports will be structured and formatted on a task-by-task basis to ensure a separate accounting for each task and will include a percent of budget utilized and remaining for each task. Deliverables:  Project Management Plan  Meeting schedules, agendas, and minutes  Monthly progress reports Task 2: Community Engagement Our stakeholder and public engagement approach is designed to reflect local values and needs and work toward broadly supported plans. It will leverage engagement that is underway today in Bozeman. Our outreach process seeks to build on any prior efforts to ensure that people know their past feedback has been heard, to focus on gathering new information that will support development of the LRTP, and to prevent additional engagement fatigue through coordinated meetings. Engagement will occur throughout the project, with key periods of activity: 1. Listen and Learn: needs, opportunities, vision, and goals 2. Create and Apply: scenario development, project lists, and prioritization 3. Integrate and Refine: draft plan and recommendations review We plan a substantial stakeholder and community engagement program that uses a mix of in-person, virtual, and innovative methods. To help guide the overall community engagement effort, we will develop a community engagement plan for the project that will be consistent with the forthcoming Public Participation Plan currently 201 Nelson\Nygaard Consulting Associates, Inc. | 6 Gallatin Valley Metropolitan Planning Organization: Long Range Transportation Plan City of Bozeman, MT under development by GVMPO. It will detail engagement principles, approach by phase, tools and techniques, and targeted activities. We also plan to establish a Community Advisory Panel (CAP) that will serve as our community stakeholder sounding board. The CAP will meet at key milestones approximately four times throughout the duration of the project to advise the project team, share feedback, and bring information back to their communities. We will facilitate engaging CAP meetings that solicit information in response to core questions and invite open dialog. 2.1 Community Engagement Plan The success of the LRTP process will hinge on focused work with stakeholders and inclusive community engagement that educates and builds consensus. Working from recent and ongoing outreach activities for other projects our team will integrate stakeholder and public participation throughout the project to ensure our recommendations reflect the shared values, needs, and priorities of the Bozeman area. Shortly after the project kickoff meeting, we’ll finalize the Community Engagement Plan with outreach objectives, key messages and communication strategies, potential stakeholders, and proposed activities. 2.2 Stakeholder Coordination and Meetings Interactions with the CAP will be complemented by meetings with the GVMPO TPCC and TTAC as well as the Streamline/Urban Transportation District (UTD) Board. We anticipate providing updates to the TPCC and TTAC quarterly and bimonthly, respectively, during the duration of the project. We expect to meet separately with the UTD Board and provide project updates approximately three times during the project. To the extent possible, the meetings with the UTD Board will be sequenced with the Task 4 major milestones to allow for meaningful input and feedback. We will prepare communication materials for GVMPO staff to support collaboration and coordination with key jurisdictional partners and stakeholders. People continue to expand the media they are using to learn about and engage with the work we do, and providing robust online, social, and print communications materials is critical. We want to make it as easy as possible for key stakeholders and the Bozeman, Belgrade, and Gallatin County community to connect the LRTP effort, whether someone is scrolling social media, reading the paper, or opening the mail. We plan to use a broad range of communications materials to reach people, including project websites, select printed materials, a robust social media presence, and project videos. Our project team includes experts in visual and print communications, public relations, and traditional, digital, and social media. We will establish the final mix of communications materials through the project community engagement plan. 2.3 Community Involvement Summary We will summarize the community feedback received throughout the project in a graphic and highly accessible memo. The memo will include the compilation of feedback received during in-person and online engagement and will identify how community input was used to shape the LRTP. Deliverables:  Community Involvement Plan  Stakeholder coordination and meetings  Community Involvement Summary Task 3: Existing and Projected Conditions Existing conditions documentation can be often overlooked in planning processes as a “check-the-box” exercise before you get to the fun stuff. But our team sees great value in looking back at how we got here. Our state of the system reports are visually compelling and are an important foundation for our outreach and technical work. The 202 Nelson\Nygaard Consulting Associates, Inc. | 7 Gallatin Valley Metropolitan Planning Organization: Long Range Transportation Plan City of Bozeman, MT value in this task is not only in highlighting what exists today; it is also in educating stakeholders and the public as we uncover needs and opportunities together. 1.1 Regional Multimodal Existing Conditions We will review background data and planning documents to summarize existing transportation conditions and deficiencies for all modes, emerging market trends, and key demographic and economic themes relevant to long- range transportation planning in the study area. This technical report will identify the key issues and opportunities to address in Task 5 through the following:  Build an inventory of existing conditions data for GVMPO using data from Gallatin County and the Cities of Bozeman and Belgrade as inputs. In being a new MPO, our team will work with GVMPO to organize, format, and merge existing conditions data provided by constituent members to create GVMPO-specific datasets for LRTP review and analysis. Relevant data to be assembled includes boundaries, multimodal networks and conditions, traffic and collision counts, environmental and natural resources, land use, transit routes, and Census demographics. We will prepare metadata and associated documentation for the assembled existing conditions datasets for ongoing use and reference by GVMPO.  Review existing plans and studies, including those that have recently been conducted and/or adopted, and adjust as necessary in consultation with GVMPO. Adopted plans expected to receive extra review include the local jurisdiction and MDT documents listed in the RFP. Summaries will be recorded in a matrix which identifies relevant policies or projects which may be carried forward in the LRTP.  Assess Existing Transportation Infrastructure through mapping and describing the conditions of the multimodal network based on the following data provided by Gallatin County and the Cities of Bozeman and Belgrade: − Roadway: networks, classifications, congestion, traffic flow, and pavement conditions. − Bridge: locations and pavement conditions from National Bridge Inventory (NBI). − Transit: assets, services, schedules, programs, and ridership. − Active: pedestrian and bicycle networks including sidewalks, bikeways, paths, and trails.  Record land use and zoning forecasts and requirements to develop an understanding of prevailing development trends and density and proximity of housing to jobs in the MPA.  Identify demographic and economic trends relevant to long-range transportation planning in the study area based on an assessment of existing Census data for Title VI and multimodal transportation propensity factors. This will allow us to respond to population, employment, and affordability trends.  Discover travel patterns using a high-level MPO lens of the collector and arterial network. Our team has the expertise to mine data and findings from the regional travel demand model, so we can tell a more nuanced story of how people in Bozeman are moving today and will move in the future. We also intend to leverage Replica to understand how travel patterns from the surrounding areas impact travel with in the Bozeman area. Replica is a seasonal, high-fidelity simulation that accurately represents the population and its travel patterns for a given region. Replica’s primary use case is to support planning decision-making for transportation and land use systems. Nelson\Nygaard possesses existing licensing for Replica that can be made available.to the support the project at no additional cost. Based on available Census and GIS data the analysis will establish commute shares by mode and reveal delay, bottlenecks, and pain points in the multimodal network as well as key first/final mile FFM nodes based on network overlays and level of comfort. In addition to motor vehicle, transit, and active modes, this commute mode share analysis will include teleworking.  Conduct safety analysis based available crash data to point to ways to improve safety and proposals for monitoring progress in meeting safety objectives. Our effort will have a specific focus on identifying a high- injury network based on fatal/severe injury crashes and regional collision hotspots and causation factors. 203 Nelson\Nygaard Consulting Associates, Inc. | 8 Gallatin Valley Metropolitan Planning Organization: Long Range Transportation Plan City of Bozeman, MT  Document freight and goods movement conditions and priorities such as key trucking routes, intermodal centers, and heavy truck movements in accordance with the Montana Freight Plan. Deliverables:  Existing and Projected Conditions report with technical appendices  GIS data inventory, maps, and data files Task 4: Additional Transit Focus Our work on this task will be oriented toward developing a comprehensive understanding of Streamline/UTD services to provide realistic and implementable evaluation of potential transit service and facility enhancements to best deliver on transit goals in alignment with the mobility vision and project prioritization set forth in the LRTP. This will include facilitating conversations with Streamline/UTD to gain an understanding of the District’s in- progress Transit Development Plan (TDP), ensuring that LRTP recommendations build off recently completed work and align with short-term and long-term goals for transit in the region. Nelson\Nygaard’s team for this task will be led by Thomas Wittmann, who has more than 25 years of experience specializing in transit operations and capital planning for agencies of all sizes. From fare structures to future BRT alignments, he has proven success implementing immediate transit fixes and positioning agencies for long term success. For this task he will be available for up to two in-person visits, to meet with agency personnel to understand current operations, travel existing routes, and present final findings for adoption as needed. Our collective experience working with transit agency data is extensive, ranging from route-level performance data to automatic passenger counts and travel time reliability analysis. The findings of the tasks below will be delivered in a standalone Transit Analysis report with applicable technical appendices that will also function as a component of the overall LRTP. As a starting point in our analysis, we will analyze a wide range of characteristics at the system level, including but not limited to the following:  Historical ridership trends  Service availability (e.g., days, span, headways)  Regional connectivity  Service hours  Peak vehicles  Operating costs and anticipated revenues  Supporting capital facilities  On-time performance  Route / service duplication  Service change and implementation history 4.1 Future Transit Ridership Propensity Our project team will leverage Nelson\Nygaard’s Transit Propensity Index methodology to determine the likelihood of transit use within the Bozeman area. Based on the densities of various population groups within the community, the index will use the demographic data collected in Task 3 to calculate and map transit propensity by Census block groups or tracts. When overlaid with the existing transit network, the index will help the project team identify areas where transit service may not be meeting the needs of the community. 4.2 Long Range Transit Infrastructure Needs Our assessment of existing transit infrastructure and usage in Task 3 will set the stage for the identification of long-range transit infrastructure needs, including operations and maintenance facilities, transit transfer stations, 204 Nelson\Nygaard Consulting Associates, Inc. | 9 Gallatin Valley Metropolitan Planning Organization: Long Range Transportation Plan City of Bozeman, MT and park & rides. The findings from this assessment will be overlaid with our analysis of existing and future regional travel patterns and assessment of transit ridership propensity to highlight gaps and opportunities for improvement in maintaining and growing the transit system. Further, our identification of first/final mile needs and analysis of crash data in Task 3 will inform our recommendation of improvements to the public right-of-way that will enhance access to transit and regional connectivity. 4.3 Candidate Corridors for High-Frequency Transit Our project team will use the data gathered and findings observed through Task 3 to generate an initial list of 7-8 candidate corridors for high-frequency transit. Key to this exercise will be our analysis of existing transit route performance and assessment of transit propensity to determine a candidate corridor list comprised of the best performing routes. After a candidate corridor list has been established, we will work collaboratively with GVMPO staff and project stakeholders to narrow down a shortlist of corridors primed for high-frequency transit investment that reflects both the needs of the community and priorities of GVMPO. 4.4 Transit Prioritization and Best Practices We will use our experience in helping agencies identify opportunities for, make recommendations for, and plan for implementation of treatments that improve transit performance through a data-driven approach. Our team will review on-time performance by route and time point, comparing performance to agency-established benchmarks. If performance deficiencies are observed for a given route, we will further analyze the nature of the issue to assess if performance challenges could be resolved through simple running time modifications or if speed and reliability infrastructure investments might be more appropriate. Our team’s review of existing and projected land use, zoning, development trends, and related policies in Task 3 will serve as a basis for recommending transit-supportive land use and design best practices that match the region’s unique context and emphasize the nexus between land use and transportation. In tandem with Task 5, we will identify optimal densities for various land use types that have been shown to produce positive transit ridership results and improve access to transit. Our identification of priority corridors for high-frequency transit in Task 4 will allow us to provide a focused recommendation on where planning for transit-supportive land uses may be most beneficial and feasible. 4.5 Identify Opportunities to Grow Ridership and Obtain Funding Based on the findings of Task 4.1-4.3 we will identify opportunities for increasing transit mode share and performance which may include:  Transit service and communication synchronization with major employers  Enhanced coordination of intercity bus services  Ongoing support and siting consideration of Big Sky Passenger Rail Authority efforts  Future high capacity and transit prioritization infrastructure  Community engagement to improve ridership outcomes  First/last mile connections, stop amenities, and TDM Options will be prioritized in a matrix style based on their ability to meet transit goals, rough order of magnitude costs, and ability to obtain funding. As feasible, local, state, and grant funding options will be identified. Deliverables:  Transit Analysis report  Technical appendices  Final presentation of recommendations 205 Nelson\Nygaard Consulting Associates, Inc. | 10 Gallatin Valley Metropolitan Planning Organization: Long Range Transportation Plan City of Bozeman, MT  Clear separate accounting of expenses related to Task 4 Task 5: Plan Development and Recommendations 5.1 Vision, Goals, Objectives, and Performance Measures As this will be the first LRTP for GVMPO, it will be critical to establish the vision, goals, and objectives as early in the project timeline as possible, as they will serve as the guiding principles for the rest of the project. To expedite this body of work, we will facilitate an in-person work session with the TPCC to confirm and approve the LRTP vision, goals, and objectives. Our team envisions drawing on our recent experience with the Oahu, HI MPO to develop new vision, goals and objectives as part of their ongoing LRTP update. Upon a final agreed set of goals and objectives we will develop performance measures for the MPO to track ongoing success of LRTP implementation in line with national planning factors and latest metrics used by the FHWA and MDT. 5.2 Project Evaluation Framework We will develop an evaluation framework for assessing the potential of each proposed project for achieving the intended outcomes of the goals and objectives established in Task 5.1. Typically, we develop a package of quantitative metrics for which projects can be “scored” on an individual basis for their ability to move the needle on specific focus areas based on their location in the community and general design components. 5.3 Project Identification, Screening, and Scoring The project team will work with the project committees and the public to develop a comprehensive list of transportation projects and programmatic needs for the MPO region. The list, which will include unbuilt recommended and illustrative projects from the previous plans and supplemented by a Call for Projects which may include  An interactive map illustrating existing in-progress, programmed, or proposed illustrative projects with the option for members of the public to identify locations where they would like to see new projects.  Call for Projects Form for partner agency to submit project ideas through a simple online form by providing project type, location, and description; explain how the project meets goals and objectives  Meet with TTAC & TPCC to identify new projects, adjustments or feasibility concerns of existing projects. Once the Call for Projects is complete, the list will be screened to ensure that projects are eligible for funding through GVMPO and concepts are not duplicative of each other. Screened projects will then be scored based on the evaluation framework with weighting of metrics as needed to match the community’s values, needs, and technical priorities. 5.4 Scenario Development Scored projects will be placed into four tiers of natural breaks to assist in prioritizing projects on their consistency with agency priorities, anticipated performance, and cost effectiveness. To understand how these projects may perform as a holistic network, we will support the development of up to three future scenarios. While the Nelson\Nygaard team will not be directly responsible for performing modeling, our modeling expert Chris Johnson will help to ensure accuracy and that relevant assumptions are appropriately incorporated, and will review the results to translate meaningful tradeoffs between alternatives into the final project selection process. 5.5 Financial Plan Our team brings expertise in federal programs and funding opportunities to develop a practical financial plan that recognizes the opportunities and constraints for current local and state funding. Our plan will be financially constrained based on projected revenues and will identify sources beyond federal funding that may be available to 206 Nelson\Nygaard Consulting Associates, Inc. | 11 Gallatin Valley Metropolitan Planning Organization: Long Range Transportation Plan City of Bozeman, MT support project implementation. DJ&A will build on previous collaboration with the region to identify resources and analyze the gap between available funding and LRTP needs. The updated list of projected revenues will be classified by source type (federal, state, local, private), mode, and applicable eligibility requirements. As the project list is refined, DJ&A will develop cost estimates (engineering and construction costs in 2026 and year of expenditure dollars) for all projects under consideration. These project costs will be compared to the available and projected revenues to inform prioritization. 5.6 Project Prioritization and Recommendations Based on the project performance, estimated costs, and projected MPO revenues identified in the subsequent tasks we will compile a final fiscally constrained list of recommended and committed projects by time phase and an illustrative list of remaining desired projects that fall outside the funding capacity of the plan horizon. Final prioritization of projects will include a qualitative review with MPO staff of the final scenario packages to ensure that the recommended list is best positioned to respond to immediate priorities, avoid design feasibility challenges, consider lifecycle and maintenance costs, and readiness for construction. In addition to the capital project lists, recommendations will also be developed for policies and programs that the MPO can advance, update, or develop to support the long-term success of the investments identified in the LRTP. Recommendations will be given a level of priority with case examples where applicable, and may include but not limited to the following:  Active transportation policies and programs (i.e. Safe Routes to School)  Curb, freight, and delivery management  Emergency response and resiliency  Emerging and micromobility  Sustainable street design and stormwater management  Snow removal and maintenance for all modes  Reliability and smart system technologies  Transit Oriented Development and transit supportive land-use densities, concepts, and metrics  Parking and Transportation Demand Management  Travel and tourism Deliverables:  Documentation of Vision, Goals, Objectives, and Performance Measures  Project Evaluation Framework and project scoring  Financial Plan  Prioritized project lists and recommendations  Project GIS files including MPO Functional Classification map Task 6: Draft and Finalize LRTP Rather than developing lengthy and dense final plans that most people will never read, we create actionable documents that help staff communicate and implement future projects and programs. A summary of engagement activities, existing conditions and future needs, goals and objectives, maps of modal networks and priority projects, policy and program recommendations, and financial plans will stand alone as technical resources and 207 Nelson\Nygaard Consulting Associates, Inc. | 12 Gallatin Valley Metropolitan Planning Organization: Long Range Transportation Plan City of Bozeman, MT become the appendices to the final plans. The culmination of this collaborative process will be final presentations to support GVMPO staff through plan adoption. 6.1 Draft LRTP Our team will gather all information collaboratively developed with the MPO and partners, including technical analyses and public input, to create a draft LRTP for review. The LRTP document will be in the form of a briefing book style (with technical appendices) with a focus on the project action plans—a phased and prioritized implementation plan to the forecast year including strategies and actions to accommodate the safe and efficient movement of people and goods in ways that best meet the vision, goals, and objectives. 6.2 Final LRTP Based on a single set of non-conflicting comments from the MPO and TPCC approval we will update the Final plan to proceed for adoption. Having been MPO staff ourselves, we are uniquely prepared to engage with you to develop an LRTP that meets federal standards and positions GVMPO for success. We understand that a plan must be actionable: if it sits on your shelf, it does no good. All web versions of LRTP documentation will meet Web Content Accessibility Guidelines (WCAG) 2.2 Level A and AA Standards. 6.3 Performance Dashboard Often our clients like to have tools to track their ongoing success well after our work is done. We will develop an interactive data dashboard which can be hosted on the MPO’s website to display progress towards performance measures, targets, and goals from a current performance baseline. The dashboard will be designed so that the MPO can make periodic updates and use the tool for future decision-making. Deliverables:  Draft and Final LRTP with appendices  Performance dashboard 208 PROJECT TIMELINE PROPOSAL PRICE/TOTAL COST Gallatin Valley Metropolitan Planning Organization: Long Range Transportation Plan City of Bozeman, MT Nelson\Nygaard Consulting Associates, Inc. | 15 Nelson\Nygaard Labor Costs Subconsultant Costs Total Labor Hours Total Labor Costs Total Travel Expenses Total Misc. Expenses Total Direct Expenses Total Costs Base Rate 185.73% includes FCCM 0.07% FY23 Overhead 185.73% Profit 10% Total Billing Rate Johnson, Christopher Principal 3 93.27 173.23 26.65 $293.15 Zabel, Zachary Associate Principal 1 61.30 113.85 17.51 $192.66 Wittmann, Thomas Senior Principal 2 99.04 183.94 28.30 $311.28 Tow nley, Bryan Senior Associate 1 45.56 84.61 13.02 $143.19 Weber, Alexandra Associate 3 40.61 75.42 11.60 $127.63 La, Phung Associate 2 36.64 68.06 10.47 $115.17 Yuh, Jungw ha Senior Associate 2 60.39 112.16 17.26 $189.81 Gao, Meng Associate 3 43.58 80.94 12.45 $136.96 Zhou, Zhuoya Associate 3 39.42 73.22 11.26 $123.91 Project Accountant Project Accountant 51.61 95.86 14.75 $162.22 NN Labor Hours Cost Big Sky Public Relations DJ&A Total Subconsultants Labor Hours Total Subconsultants Labor Costs Kristine Fife Account Manager $125.00 Katie Klietz- Hodge CXO/EEO Officer $125.00 Big Sky Public Relations Labor Hours Cost Bill Delo Senior Planner $224.00 Mike Russell Civil Engineer $195.00 Shari Eslinger Civil Engineer $169.00 Hours DJ&A Labor Cost Task Description 1.00 Project Management and Adm inistration 1.10 Project Initiation and Management 16.00 32.00 6.00 32.00 86.00 17,305.28 8.00 8.00 16.00 2,000.00 4.00 6.00 10.00 2,066.00 26.00 4,066.00 112.00 21,371.28 $ 21,371.28 1.20 Progress Reporting 6.00 16.00 22.00 3,447.00 - - - - - - - 22.00 3,447.00 $ 3,447.00 1.30 Ongoing Project Management, Meetings, Coordination 10.00 10.00 1,622.21 12.00 12.00 1,500.00 12.00 12.00 2,688.00 24.00 4,188.00 34.00 5,810.21 $ 5,810.21 Task Total 1 16.00 38.00 6.00 48.00 - - - - - 10.00 118.00 22,374.49 20.00 8.00 28.00 3,500.00 16.00 6.00 - 22.00 4,754.00 50.00 8,254.00 168.00 30,628.49 $5,000 $0 $5,000 $ 35,628.49 2.00 Com munity Engagem ent 2.10 Public Involvement Plan 2.00 2.00 8.00 12.00 2,190.15 20.00 4.00 24.00 3,000.00 - - 24.00 3,000.00 36.00 5,190.15 $ 5,190.15 2.20 Stakeholder Coordination and Meetings 12.00 32.00 32.00 16.00 16.00 108.00 18,149.79 40.00 40.00 80.00 10,000.00 4.00 6.00 8.00 18.00 3,418.00 98.00 13,418.00 206.00 31,567.79 $ 31,567.79 2.30 Community Involvement Summary 2.00 4.00 4.00 10.00 1,929.70 8.00 16.00 24.00 3,000.00 - - 24.00 3,000.00 34.00 4,929.70 $ 4,929.70 Task Total 2 14.00 38.00 - 38.00 16.00 16.00 8.00 - - - 130.00 22,269.64 68.00 60.00 128.00 16,000.00 4.00 6.00 8.00 18.00 3,418.00 146.00 19,418.00 276.00 41,687.64 $6,100 $13,780 $19,880 $ 61,567.64 3.00 Existing and Project Conditions 3.10 Regional Multimodal Conditions 10.00 46.00 60.00 60.00 50.00 24.00 40.00 80.00 370.00 53,748.00 - - 2.00 14.00 16.00 32.00 5,882.00 32.00 5,882.00 402.00 59,630.00 $ 59,630.00 Task Total 3 10.00 46.00 - 60.00 60.00 50.00 24.00 40.00 8.00 - 298.00 44,826.63 - - - - 2.00 14.00 16.00 32.00 5,882.00 32.00 5,882.00 330.00 50,708.63 $0 $0 $0 $ 50,708.63 4.00 Additional Transit Focus 4.10 Future Transit Ridership 1.00 10.00 20.00 8.00 4.00 10.00 53.00 8,890.03 - - - - - - 53.00 8,890.03 $ 8,890.03 4.20 Long Range Transit Infrastructure Needs 4.00 10.00 20.00 8.00 16.00 58.00 9,611.02 - - - - - - 58.00 9,611.02 $ 9,611.02 4.30 Candidate Corridors for High-Frequency Transit 4.00 10.00 20.00 8.00 14.00 12.00 68.00 10,867.57 - - - - - - 68.00 10,867.57 $ 10,867.57 4.40 Transit Prioritization and Best Practices 4.00 10.00 20.00 8.00 16.00 58.00 9,611.02 - - - - - - 58.00 9,611.02 $ 9,611.02 4.50 Identify Priority Transit Opportunities 4.00 10.00 20.00 8.00 2.00 12.00 56.00 9,485.49 - - - - - - 56.00 9,485.49 $ 9,485.49 Task Total 4 - 17.00 50.00 100.00 40.00 52.00 - - 34.00 - 293.00 48,465.14 - - - - - - - - - - - 293.00 48,465.14 $1,475 $0 $1,475 $ 49,940.14 5.00 Plan Development and Recom mendations 5.10 Vision, Goals, Objectives, and Performance Measures 2.00 8.00 8.00 12.00 30.00 4,655.19 - - - - - - 30.00 4,655.19 $ 4,655.19 5.20 Project Evaluation Framew ork 16.00 16.00 24.00 56.00 8,436.62 - - - - - - 56.00 8,436.62 $ 8,436.62 5.30 Project Identification, Screening, and Scoring 4.00 16.00 20.00 24.00 24.00 40.00 128.00 17,902.46 - - 4.00 14.00 16.00 34.00 6,330.00 34.00 6,330.00 162.00 24,232.46 $ 24,232.46 5.40 Scenario Development 8.00 4.00 4.00 4.00 20.00 4,199.09 - - - - - - 20.00 4,199.09 $ 4,199.09 5.50 Financial Plan 16.00 8.00 8.00 32.00 5,249.10 - - 4.00 28.00 22.00 54.00 10,074.00 54.00 10,074.00 86.00 15,323.10 $ 15,323.10 5.60 Project Prioritization and Recommendations 4.00 36.00 36.00 20.00 20.00 116.00 18,293.89 - - 6.00 6.00 8.00 20.00 3,866.00 20.00 3,866.00 136.00 22,159.89 $ 22,159.89 Task Total 5 18.00 96.00 - 92.00 80.00 36.00 - - 60.00 - 382.00 58,736.36 - - - - 14.00 48.00 46.00 108.00 20,270.00 108.00 20,270.00 490.00 79,006.36 $3,100 $0 $3,100 $ 82,106.36 6.00 Draft and Finalize LRTP 6.10 Draft LRTP 6.00 20.00 20.00 40.00 40.00 72.00 16.00 214.00 33,836.43 8.00 8.00 16.00 2,000.00 4.00 4.00 896.00 20.00 2,896.00 234.00 36,732.43 $ 36,732.43 6.20 Final LRTP 4.00 8.00 16.00 40.00 40.00 32.00 140.00 20,790.67 4.00 4.00 8.00 1,000.00 - - 8.00 1,000.00 148.00 21,790.67 $ 21,790.67 6.30 Performance Dashboard 2.00 4.00 40.00 46.00 6,637.59 - - - - - - 46.00 6,637.59 $ 6,637.59 Task Total 6 12.00 28.00 - 40.00 80.00 80.00 104.00 40.00 16.00 - 400.00 61,264.69 12.00 12.00 24.00 3,000.00 4.00 - - 4.00 896.00 28.00 3,896.00 428.00 65,160.69 $0 $0 $0 $ 65,160.69 TOTAL HOURS 70.00 263.00 56.00 378.00 276.00 234.00 136.00 80.00 118.00 10.00 1,621.00 257,936.95 100.00 80.00 180.00 40.00 74.00 70.00 184.00 364.00 1,985.00 $ 1,985.00 SUBTOTAL BILLABLE COSTS 20,520.35 50,670.04 17,431.73 54,125.52 35,224.57 26,950.67 25,813.62 10,957.08 14,621.14 1,622.21 257,936.95 12,500.00 10,000.00 22,500.00 8,960.00 14,430.00 11,830.00 35,220.00 57,720.00 315,656.95 $15,675 $13,780 $29,455 $ 345,111.95 SUBCONSULTANT MARKUP 1,125.00 1,761.00 2,886.00 $ 2,886.00 TOTAL COSTS 23,625.00 36,981.00 60,606.00 $ 347,997.95 209 Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director Scott McMahon, IT Director SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with the Government Finance Officers Association (GFOA) for Enterprise Resource Planning (ERP) Software Replacement Advisory Services MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with the Government Finance Officers Association (GFOA) for Enterprise Resource Planning (ERP) Software Replacement Advisory Services STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:The City's adopted Capital Improvement Plan includes an ERP Replacement in FY27. In order to ensure successful project management, the City is contracting with the Government Finance Officers Association (GFOA) for advisory services. The GFOA is the only nonprofit organization that provides these services. The GFOA has experience planning for ERP replacements with over 600 local governments, and offers independent, objective, and best practice advice. UNRESOLVED ISSUES:None ALTERNATIVES:The City could proceed with planning for an ERP replacement without advisory services. This approach is not recommended. An ERP replacement is something that happens only once every 15 to 20 years and requires significant technical expertise to plan and implement successfully. Without advisory support, the City risks selecting a system that does not fully meet its needs, underestimating total project costs, or facing project delays and disruptions. Engaging experts will help ensure a thorough needs assessment, competitive vendor selection, and a smoother transition that protects City operations and taxpayer investment. FISCAL EFFECTS:The contract amount will be paid for using adopted budget in the Finance department. The total cost of the ERP replacement currently in the adopted CIP is likely too low, and additional funding will be requested. 210 Attachments: PSA General-ERP Advisory GFOA-Final.docx Bozeman_Proposal_2-28-25.pdf Report compiled on: April 25, 2025 211 Professional Services Agreement for Enterprise Resource Planning (ERP) Advisory Services Page 1 of 13 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 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 GOVERNMENT FINANCE OFFICERS ASSOCAITION OF THE UNITED STATES AND CANADA, an Illinois non-profit corporation with address of 203 N. LaSalle Street, Suite 2700, Chicago, Illinois 60601, hereinafter referred to as “Contractor” or “GFOA” 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 (the “Statement of Work” or “SOW”) and by this reference made a part hereof. 2.Term/Effective Date: This Agreement is effective upon the Effective Date unless earlier terminated in accordance with this Agreement. 3.Scope of Services: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4.Payment: City agrees to pay Contractor the amount specified in the Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: 212 Professional Services Agreement for Enterprise Resource Planning (ERP) Advisory Services Page 2 of 13 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. 213 Professional Services Agreement for Enterprise Resource Planning (ERP) Advisory Services Page 3 of 13 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 this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. 214 Professional Services Agreement for Enterprise Resource Planning (ERP) Advisory Services Page 4 of 13 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. 215 Professional Services Agreement for Enterprise Resource Planning (ERP) Advisory Services Page 5 of 13 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. 216 Professional Services Agreement for Enterprise Resource Planning (ERP) Advisory Services Page 6 of 13 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 Melissa Hodnett, Finance Director, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as designated by the City in writingand may receive approvals or authorization from such persons. b.Contractor’s Representative: The Contractor’s Representative for the 217 Professional Services Agreement for Enterprise Resource Planning (ERP) Advisory Services Page 7 of 13 purpose of this Agreement shall be Mike Mucha, Deputy Executive Director 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.Web Accessibility and the ADA: Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities offered or made available by the City. This includes ensuring that the City’s communications with people with disabilities are as effective as its communications with others. If Contractor’s Scope of Services includes the production of digital content, documents, or web applications intended to be branded for use by the City, Contractor must use the City style guide when creating a design, as communicated by the City. As per recommendations found in Section 508 of the Rehabilitation Act, all digital content, documents, or web applications must also adhere to level A and AA Success Criteria and Conformance Requirements as defined by the current Web Content Accessibility Guidelines (WCAG). 218 Professional Services Agreement for Enterprise Resource Planning (ERP) Advisory Services Page 8 of 13 The City will not accept digital content that does not comply with WCAG A and AA guidelines. If the City refuses digital content because it is non-compliant with the City style guide, Section 508 of the Rehabilitation Act, and/or WCAG, Contractor will be required to make the digital content compliant and redelivered at no additional cost to the City. 15.Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of persons performing this Agreement shall be on the basis of merit and qualifications. The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. Contractor represents it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. Contractor shall require these nondiscrimination terms of its subcontractors providing services under this Agreement. 16.Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. 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. 17.Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising 219 Professional Services Agreement for Enterprise Resource Planning (ERP) Advisory Services Page 9 of 13 hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. 18. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 19.Non-Waiver: A waiver by either party of any default or breach by the other party of any terms or conditions of this Agreement does not limit the other 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. 20.Attorney’s Fees and Costs: In the event it becomes necessary for either Party to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City Attorney’s Office staff. 21.Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 22.Dispute Resolution: a.Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b.If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 23.Survival: Contractor’s indemnification shall survive the termination or expiration of 220 Professional Services Agreement for Enterprise Resource Planning (ERP) Advisory Services Page 10 of 13 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.Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 26.Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. 27.Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 28.No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 29.Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 30.Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained herein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. 31. Work Product: As used in this Agreement, “Work Product” means all Deliverables developed, produced, or created by GFOA (including its employees and contractors) for the City as part of the Scope of Services and pursuant to this Agreement and any SOW including, without limitation, all reports, presentations and related materials; provided, however, Work Product does not include any GFOA Materials included or incorporated in the Deliverables. All Work Product (excluding any GFOA Materials included or incorporated therein), upon payment of all undisputed corresponding amounts due to GFOA hereunder, shall belong solely and exclusively to the City, and the City shall have exclusive title and ownership rights, including all intellectual property rights, in and to such Work Product. To the extent that exclusive title or ownership rights 221 Professional Services Agreement for Enterprise Resource Planning (ERP) Advisory Services Page 11 of 13 may not originally vest in the City as contemplated herein, GFOA hereby assigns to the City all right, title and interest, including all intellectual property and ownership rights, in such Work Product. To the extent permitted under the U.S. Copyright Act (17 USC §101 et seq., and any successor statute thereto), the Work Product will constitute “works made for hire,” and the ownership of such Work Product will vest in the City at the time they are created. In any event, GFOA agrees to assign and transfer to the City, without separate compensation, all right, title and interest that GFOA may now or hereafter have in or to the Work Product, including, without limitation, all copyright, trademark, trade secret, patent and other intellectual property and proprietary rights therein. To the maximum extent allowed, GFOA irrevocably and unconditionally waives, in perpetuity, any rights GFOA may have with respect to the Work Product under any law relating to “the moral rights of authors” or any similar law throughout the world. b.City Materials. As between the parties, the City shall own all right, title, and interest in and to all content, information, data, information, ideas, concepts, visions or other materials supplied by or on behalf of City to GFOA in connection with this Agreement (collectively, the “City Materials”). GFOA shall acquire no right, title, or interest hereunder to the City Materials, except that the Citygrants GFOA a limited, revocable, non-exclusive, non-transferable license (strictly in accordance with this Agreement and the applicable SOW and the purposes reasonably inferable to have been intended thereby) to use the City Materials during the term of the applicable SOW, solely as necessary and appropriate for the performance of GFOA’s duties and provision of Services to Government under such SOW. c.Retained Rights. Government acknowledges that GFOA conducts ongoing research and consulting services for other governments and clients and has accumulated expertise in this field. Notwithstanding anything set forth in this Agreement to the contrary and the foregoing provisions of this Section 3, GFOA will retain all right, title and interest in and to all GFOA Materials and all GFOA Materials are, and shall remain, GFOA’s sole and exclusive property. For purposes of this Agreement and any SOW, “GFOA Materials” means all methodologies, ideas, concepts, processes, techniques, tools, solutions, trade secrets, research data, databases of information and specialized database applications, software applications, computer programming and/or coding, and other materials, information and know-how developed by GFOA or any of its contractors or affiliates prior to the execution of this Agreement, during the Term of this Agreement or independent of the Scope of Services being provided under this Agreement or any SOW. The City shall not have or obtain any right or title to or interest in the GFOA Materials (or in any modifications or enhancements thereto) except as explicitly set forth in this Agreement. 32.Acceptance: The City is entitled to Review and Evaluate the Services (including each 222 Professional Services Agreement for Enterprise Resource Planning (ERP) Advisory Services Page 12 of 13 phase of the Services, as applicable) including any Deliverables that are provided to the Citypursuant to an SOW. The term “Review and Evaluate” means review and evaluation performed by or on behalf of the City to determine whether Services (or any phase of the Services, as applicable), including related Deliverables, comply with any specifications, requirements, or criteria set forth in the SOW or other agreed upon acceptance criteria. If the City reasonably determines that such Services (or phase of Services, as applicable) comply with the foregoing or otherwise decides in its sole discretion to accept the Services, the City will notify GFOA in writing of its acceptance of the Services (“Acceptance”) within a reasonable period of time not to exceed fifteen business days (15) or as agreed upon between the parties. If the City determines in good faith that the relevant Services or any portion or phase thereof are not acceptable, it shall notify GFOA in writing and provide sufficient detail to GFOA describing the reasons the Services are deficient. GFOA will make such commercially reasonable revisions, corrections or changes as may be necessary at its sole cost and expense within a reasonable period of time, and within five (5) business days after such corrections have been made the City will review the relevant Services and Deliverables. If the relevant Services still fail the City’s Review and Evaluation, the City will grant GFOA a reasonable amount of additional time to provide a workable solution at GFOA’s sole cost and expense. 33.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 **** 223 Professional Services Agreement for Enterprise Resource Planning (ERP) Advisory Services Page 13 of 13 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above written or as recorded in an electronic signature. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________By__________________________________ Chuck Winn, Interim City Manager Print Name: Michael Mucha Print Title: Deputy Executive Director APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney 224 Government Finance Officers Association Research and Consulting Center Proposal for: City of Bozeman, MT Enterprise Resource Planning (ERP) Advisory Servies February 28, 2025 225 Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, IL 60601-1210 312.977.9700 fax: 312.977.4806 Washington, DC Office 660 N. Capital Street, NW  Washington, DC 20001  202.393.8020 fax: 202.393.0780 www.gfoa.org February 28, 2025 City of Bozeman Attn: Melissa Hodnett, MBA, CPFO 121 N Rouse Ave. Bozeman, MT 59715 Email: mhodnett@bozeman.net Dear Melissa, The Government Finance Officers Association (GFOA) is pleased to present this proposal to the City of Bozeman (“the City”) to provide enterprise resource planning (ERP) software selection advisory services for potential replacement of the City’s existing administrative systems. We understand the great opportunity that an ERP system replacement project provides and focus on using that chance to make lasting improvements to policies, business processes, and outcomes for the organization. We also understand the importance of making decisions on the future of your systems after careful analysis, understanding of issues, development of future state goals and the risks that organizational change can bring. We will work with the City staff to make recommendations in the best interest of the organization going forward related to its scope, systems, business processes, and overall administrative functions and provide support for the project to ensure long-term stability and a strong foundation for the City to continue to develop best practices that serve the community. This proposal provides an overview of GFOA’s qualifications and standard approach to ERP replacement projects and is based on our previous discussion and understanding of the organization’s needs. Over 600 governments have found value in our experience, expertise, and detailed approach to ERP projects. We very much appreciate the City’s participation in our recent ERP training event and appreciate the opportunity to engage directly. As a service provided to members, GFOA can offer independent, objective, and best practice focused consulting services consistent with our mission to improve government management. If there are any questions or you would like to discuss the proposal, please let me know. Sincerely, Michael J. Mucha Deputy Executive Director / Director, Research and Consulting Center Government Finance Officers Association Phone: 312-578-2282 Email: mmucha@gfoa.org 226 Government Finance Officers Association Research and Consulting Center Page 2 TABLE OF CONTENTS Section I – GFOA Qualifications ..................................................................................... 3 Other Products and Services ....................................................................................... 4 Section II – GFOA Approach .......................................................................................... 6 Task 1: Project Planning and Management (Governance) ......................................... 7 Task 2: Process Analysis .............................................................................................. 9 Task 3: Develop a Plan of Action ............................................................................... 12 Task 3A: Chart of Account Development .................................................................. 13 Task 4: Develop Request for Proposal (RFP) ............................................................. 14 Task 5: Identify Evaluation Criteria ........................................................................... 16 Task 6: Selection of Vendor ...................................................................................... 16 Task 7: Contract Negotiations ................................................................................... 18 Task 8: Implementation Advisory Services (NOT IN SCOPE) ..................................... 19 Task 9: Sustained Change / Post Project Assessments (NOT IN SCOPE) .................. 20 Project Schedule .............................................................................................................. 21 Section III – Pricing ........................................................................................................ 22 Section IV – Contract Requirements ............................................................................ 24 227 Government Finance Officers Association Research and Consulting Center Page 3 Section I – GFOA Qualifications The Government Finance Officers Association (GFOA) is the premier association for public sector finance professionals in the United States and Canada. Founded in 1906, GFOA currently has over 25,500 members that look to GFOA as the gold standard for identifying, developing, and communicating leading practices in government management. As a non-profit organization, GFOA’s mission is to promote excellence in state and local government financial management. GFOA accomplishes this mission by identifying and developing policies and practices and promoting them through education, training, consulting and leadership. GFOA’s Research and Consulting Center (RCC) is nationally recognized for its comprehensive analytical and advisory services, as well as for research on issues specific to state and local governments’ financial, human resource, procurement, payroll and operational management. Since beginning operations in 1977, the RCC has assisted hundreds of cities, counties, public utilities; and other forms of government to create best practice solutions to meet their unique challenges. Approximately 20 years ago, GFOA began consulting for enterprise resource planning (ERP) system assessments, procurement, contract negotiation, and implementation advisory services. GFOA has built a reputation as the unparalleled leader in the field of providing objective, independent advice for ERP procurement and implementation projects. Our approach to ERP projects focuses on business process improvement, effective governance, and building organizational readiness throughout each stage of the procurement process. In addition to our consulting projects, we frequently teach our approach as part of GFOA’s training program and in some cases even other consulting firms have used GFOA templates and past consulting deliverables to leverage our lessons learned and market leading formats. GFOA’s strategic mission is to improve state and local government financial management GFOA is not affiliated with any software vendor or firm aligned with any software vendor does not implement software. Our focus is exclusively on providing honest and unbiased recommendations to our clients and leveraging our experience to help all public-sector organizations with informed ERP guidance. The ERP market has undergone significant change in recent years and governments are increasingly 228 Government Finance Officers Association Research and Consulting Center Page 4 more reliant on technology to implement financial management best practices. In addition, because of the growth in “cloud” and the importance of these systems on the overall administration of local government, these technologies continues to evolve. With our consulting experience and continued research, GFOA has been able to improve its approach and generate additional value for our clients through reduced costs, reduced risk, and best practice recommendations to improve not only technology, but also business process. Other Products and Services GFOA also provides many services to members and other government managers in addition to consulting services. Our consulting services complement and utilize much of our research knowledge and membership network to deliver current, relevant, and proven strategies. The same consultants who regularly advise clients also research and write white papers and journal articles, author and edit publications, conduct training, coordinate GFOA’s annual conference, and staff best practice committees. • Industry Standard Publications: GFOA staff prepare the industry’s leading publication to guide governmental accountants on all standards and financial reporting guidance. Governmental Accounting, Auditing, and Financial Reporting (The “Blue Book”) is published by GFOA and GFOA consultants and clients have ready access to GFOA’s technical experts throughout the project for any complex accounting or financial reporting questions as we work through business process change, chart of account configuration, or system set up challenges. • Government Finance Review: GFOA consultants also regularly contribute articles and serve as reviewers for GFOA’s bi-monthly publication, The Government Finance Review, along with other leading journals, books, and white papers. The December, April and February 2024 issues had articles written about GFOA’s experience with ERP projects. Articles for each issue are available at www.gfoa.org/gfr • Other Research and Publications: GFOA conducts ongoing research with its member network and communicates information on leading practices, lessons learned, and trends in financial management such as technology utilization and governance. GFOA currently has over 40 titles available. The following is a sampling of products recently written by GFOA consultants. o Technologies for Government Transformation: ERP Systems and Beyond 229 Government Finance Officers Association Research and Consulting Center Page 5 o IT Budgeting and Decision Making: Maximizing Your Government’s Technology Investments o Financial Foundations for Thriving Communities • Best Practice Committees: GFOA has seven standing committees made up of leading finance professionals from governments throughout the United States and Canada that meet regularly to develop best practices to promote and guide sound financial and overall government management. • Annual Conference and Training: GFOA’s Annual Conference attracts approximately 5,000-7,000 government finance professionals and provides a forum to discuss innovative practices, learn best practice examples, network with peers, and interact with exhibitors. GFOA also provides ongoing training seminars throughout the country to assist members with continued professional development. GFOA consultants are regular trainers at these seminars including seminars on ERP procurement, project management, and best practices in ERP implementation. 230 Government Finance Officers Association Research and Consulting Center Page 6 Section II – GFOA Approach ERP system implementations offer much promise for improving business processes, empowering employees with tools to become more effective, and ultimately transforming the entire organization. With improvements in technology and market trends favoring “cloud technologies,” this shift not only includes business process, but also risk management, organizational roles, and governance. However, implementation of these systems is a complex effort and many organizations struggle to realize many of the promised benefits. GFOA’s role with this project will be to assess all current administrative systems related to finance, procurement, budgeting, human resources/payroll, permitting/community development and utility billing to develop a high-level strategy for future system use and alignment with best practices. GFOA understands that if secondary systems outside of NaviLine are used, not all systems may be candidates for upgrade or replacement in the short term, but analysis allows GFOA to properly advise the organization on both short term and long-term options and needs to connect systems to improve business process efficiency. While focus of the analysis will be on the scope of functions prioritized by the City, GFOA will also review other related administrative systems that integrate to an ERP system or where the market may support options for replacement within an ERP system. GFOA prefers to take an enterprise-wide approach to system decisions with knowledge of the complete systems landscape. Prior to making decisions on technology (including option to consolidate some of the current City systems), GFOA will provide an overall assessment of business process, system utilization, and help plan for future vision for administrative processes for the City. GFOA’s scope and services for this proposal are organized into major phases. 231 Government Finance Officers Association Research and Consulting Center Page 7 Phase 1 – Business Process Improvement / Readiness • Task 1: Project Planning and Management (Governance) • Task 2: Initiate Readiness - Needs Assessment / Process Analysis • Task 3: Readiness/Action Plan (Process Improvement) o Task 3A: Chart of Accounts Phase 2 – RFP Development and Selection Assistance • Task 4: RFP Development / Scope Development • Task 5: Evaluation Strategy • Task 6: System and Vendor Selection • Task 7: Contract Negotiations Phase 3 – Implementation Project Management Services (NOT IN SCOPE) • Task 8: Implementation Advisory Services Phase 3+ - Sustained Change (NOT IN SCOPE) Task 9: Post Project Assessments Within each phase we have identified major tasks and each task includes deliverables and milestone payments that are defined below. GFOA views every project as a partnership with our client and we aim to work together as a team to address project risks, issues, recommendations and build a strategic path forward along with organizational momentum for the ERP implementation. Note: For Phase 3, if the City is interested in these services, GFOA prefers to contract for this service at a later time once the City and GFOA have a better understanding of need and how we can provide valuable service. Task 1: Project Planning and Management (Governance) Working together, GFOA and the City project manager will prepare the following tools that will be essential to project coordination. In preparing all project planning and management plans, we will work to work this project into the structure that already exists within the organization. • Governance Support – GFOA recognizes that the success of any change project depends on the ability to adapt to the changes that technology brings to both business process and organizational culture. We also understand that any enterprise system is not owned or controlled by one department in the 232 Government Finance Officers Association Research and Consulting Center Page 8 organization. We are proposing to assist the City with the development of a governance structure for the project. This would include identifying the model for a steering committee, project team, and any business process improvement functions. We have also found that governance of a future ERP system needs to be enterprise-wide and will work to develop a collaborative model that works for all stakeholders. We also know that having clear and defined roles is a huge advantage when issues arise. Our Financial Foundations Framework identifies five (5) key pillars of effective and sustainable management. Each pillar includes different leadership strategies and/or institutional design principles that we have found translate exceptionally well to ERP governance. Understanding that local governments cannot order people to collaborate, leadership strategies help inspire pride and public support for a strong financial foundation. Institutional design principles, meanwhile, are the “rules of the road.” They provide the context for leadership strategies and ensure continuity of good financial practices through changes in leadership. For more information, please visit http://gfoa.org/financial-foundations. • Staffing Plans - GFOA will help the City identify a project team and prepare individual to work through business process change as part of this project and the eventual ERP implementation. GFOA’s approach is focused on developing cross-department teams organized by business function. These teams (called PIT Crews) are able to lead discussions around policy, process change, and change management, and help establish the vision for the future system. • Project Plan – GFOA will prepare a project plan that lists tasks and milestones. We then track the project in a collaboration tool (Microsoft Teams). GFOA also will prepare project dashboards, issue lists, and communication tools that will be used throughout the project. • Project Management – GFOA will participate in regular project management meetings and provide a regular (monthly or more frequently as desired) status report for the project. We expect our project manager to serve as a coach, guide, and advisor throughout the project. They will maintain regular communication to address issues, point out risks, provide lessons learned, and ultimately work to help the project be a success. Ongoing costs and effort for all project management activities are built into GFOA’s milestones and deliverables. As part of our ongoing project management services, we will help prepare any communications, attend council meetings, or help delivery key messages stakeholders. • Project Management Coaching – GFOA offers coaching services to project management staff. Often, ERP project managers step into a new role – taking on additional responsibilities and a position of authority within the organization. For some new or inexperienced project managers, this can be quite intimidating. For experienced project managers, this project may represent new challenges related to communications, conflict resolution, diverse teams, or change 233 Government Finance Officers Association Research and Consulting Center Page 9 management. GFOA has established an executive coaching program that brings together a cohort of project managers from across GFOA’s ERP projects. The program is option, but provides resources and support for up to one (1) project manager. Meetings occur monthly (or as necessary) and include both live and on-demand training services. Task 1: Project Planning and Management Duration • 1-2 Months + Ongoing Throughout Project On-Site Presence • As Necessary Deliverables • Project Charter • Project Goals • Project Plan • Staffing Readiness • Status Report Template • Ongoing Readiness and Project Support Recommendations • MS Teams Collaboration Site • Weekly Status Reports • Additional Update As Required Task 2: Process Analysis Our proposal includes services for GFOA to take a lead role in identifying potential business process changes along with preparing a strategic approach for moving forward. GFOA’s process analysis focuses on gaps to address or improvement options for the organization and helps to establish a future vision for administrative processes. While we will look at opportunities for system improvements, we also want to consider business process and policies – as the most impactful changes occur when system and process/policy change occur together. GFOA will meet with stakeholders and gather information on how the current systems are being used and how it supports business processes. GFOA uses the three-part approach depicted in the graphic above to guide business process improvement. For the first part, GFOA will facilitate initial business process discussions to better understand the current situation and begin discussing expectations and goals for a future system. A major benefit from sessions facilitated by GFOA consultants is that stakeholders will share a common understanding of the current process and can explore together the current challenges, weaknesses, and areas for improvement. By discussing changes in the open, it is also a critical change management strategy to help the organization begin the transition to a new process. 234 Government Finance Officers Association Research and Consulting Center Page 10 The following table identifies GFOA’s starting point for identifying the process scope of the project. During Task 1, GFOA project managers will confirm this scope with the City and many any adjustments that are necessary. Where appropriate, we may conduct separate meetings with select departments, but GFOA’s initial approach is to facilitate meetings with representation from a variety of departments together. Moving forward with guidance from the City, GFOA will continue discussions bringing in either a collaborative approach to process mapping and process change or use of best practice guidelines to generate additional discussion and reaction around business process change to prepare for potential system change. For processes where GFOA’s mapping technique is used (typically processes that occur frequently and involving many different stakeholders (example: purchasing approvals or time entry), mapping process is a critical first step in change management. GFOA’s mapping process is a highly collaborative one and will involve participation of a wide variety of stakeholders. Once maps are developed, GFOA consultants will conduct an analysis to benchmark the existing processes against recognized public sector best practices, ERP functionality, other organizations, and the City’s project goals. We will also facilitate sessions that are similar to “Lean” process improvement workshops to discuss improvement strategies with staff. For processes that are more system dependent, GFOA will leverage best practice guidelines and templates to help communicate future state options. This short cut allows for more time to discuss future options where change management issues don’t present as much of a risk. 235 Government Finance Officers Association Research and Consulting Center Page 11 Process List Process Task / Topics Accounting • Chart of Accounts • General Ledger Transactions • Grant / Project Tracking • Financial Reporting Budget • Operating Budget • Capital Improvement Planning (CIP) • Capital Budget • Budget Adjustments / Amendments Grants Management • Grant Applications • Grant Award • Grant Monitoring Procure – Pay • Vendors • Purchase Requisitions • RFP / RFI / RFQ • Purchase Orders • Contract Management • Inventory • P-cards • Accounts Payable • Travel Reimbursement Customer Billing • Customer File • Miscellaneous Billing • Accounts Receivable Treasury • Cash Receipts • Disbursements • Interest Allocation • Bank Reconciliation Asset Management • Asset Acquisition • Asset Tracking • Transfer / Disposal / Retirement Human Resources • Positions • Employee File • Benefit Enrollment • Personnel Evaluations / Performance Management • Risk Management (Injury / Workers Comp) • Training / Certifications Personnel Actions • Recruitment • New Hire • Personnel Actions (Salary Adjustment / Position Change) Time Entry – Payroll • Time Entry • Time Approval 236 Government Finance Officers Association Research and Consulting Center Page 12 Process List • Payroll Calculations • Payroll Processing • Leave Management (FMLA) Utility Billing • Customer File • Property File • Meter Inventory • Meter Read • Billing • AR • Payment Receipts • Service Order Community Development / Permitting • Property File / Customer • Permit Application • Plan Review • Inspection • Code Enforcement • CRM / Service Request Note: For general system wide features such as reporting, dashboards, workflow, notifications, document management, etc. we will cover each within the appropriate business process areas. For third party systems in place, GFOA will analyze the existing business process and make recommendations to better integrate the application in with a modern ERP. Task 2: Needs Analysis / Process Analysis Frequency • 1-2 Months On-Site Presence • Approximately 50-75% Onsite Deliverables • Process and System Analysis • Future State Process Documentation Task 3: Develop a Plan of Action GFOA will prepare a readiness plan for internal tasks for each organization that need to be completed along with the procurement of a new system or considerations for system upgrade. These internal readiness tasks will prepare for and include implementation of the plan of action. GFOA’s project plan will take into account past lesson’s learned on projects and identify several milestones or benchmarks for the organization to measure its readiness progress against. It is expected that the readiness project plan include tasks related to the following: Readiness Plan Process Readiness Tasks Accounting • Chart of Accounts 237 Government Finance Officers Association Research and Consulting Center Page 13 Readiness Plan Budget • Budget Policies / Smarter School Spending • CIP Policies Procure – Pay • Procurement Policies • Process Improvements • Data Conversion Treasury • Data Conversions Asset Management • Data Conversions • Process Improvements • Asset Management Policies In addition, GFOA’s readiness plan will cover overall issues related to: • Project scope • Project management • System inventory • Procurement of a new system (procurement considerations) • Staff planning • Budgeting for the project • Project communications Task 3A: Chart of Account Development GFOA will work with the City staff to define and build out a revised chart of accounts. We consider this to be a critical component of project readiness. The chart of accounts (project/activity structure) serves as the foundation for the financial system and all financial transactions. It also takes time to work through and must be aligned with all other business process recommendations and future vision for the system. GFOA has standard guidance for all organizations working on a chart of account revision and will work with the organization to determine the future chart. GFOA will follow the process below and create documentation for each step. • Define Each Segment – Each segment of the chart of accounts should have a strict definition that can be communicated and enforced. This will prevent internal inconsistencies within the chart of accounts. For example, the organization will determine what needs to be tracked and will universally agree and document what a “fund” is, what a “department” is, what a “program” is and not allow any exceptions. • Start Over – When developing the chart of accounts, the organization should start fresh and not concern itself initially with mapping back to the existing chart of accounts. The City should be reviewing its actual organizational structure and operations and build the chart off of that rather than its existing chart of accounts. This will prevent the City from replicating any problems with the old chart of accounts structure. 238 Government Finance Officers Association Research and Consulting Center Page 14 • Start Simple and Build-Out Detail – the City should identify major categories within each segment and then work to build out detail. Again, this will help the organization take a fresh perspective to the chart of accounts and prevent any unnecessary replication of the old chart. For example, when developing the object code listing, the City should first identify major object code categories and then work to define detail to the extent necessary. GFOA will work to identify major reporting structures and summary level accounts that can be further built out during the project. • Don't Store Unnecessary Data - A well-developed chart of accounts will not require the frequent creation of new accounts. Most organizations attempt to keep the chart of accounts relatively simple and high level and then utilize other components of the system to further define the detail. The will lessen the amount of maintenance required on the chart of accounts. GFOA will identify information current found in the chart that may be more appropriately stored somewhere else and develop a strategy for chart of account use for future needs. Task 3: Action Plan Duration: • 1-2 Months On-Site Presence • Approximately 25% Onsite Deliverables • Plan of Action • Chart of Accounts Task 4: Develop Request for Proposal (RFP) In this phase, GFOA will develop a detailed Request for Proposals (RFP) document for the City or multiple RFPs depending on the procurement strategy. Recently, GFOA has been recommending for similar organizations that utility billing and community development functionality be procured with a separate RFP to receive a more competitive RFP response. The GFOA RFP format is designed to remove disparity between proposals and to provide as close to an apples-to-apples comparison as possible. In addition, GFOA develops all RFP’s with the end goal in mind – a successful contract that mitigates risk and leads to a successful project. GFOA has a template RFP that was specifically designed for ERP procurements and that we have continually updated as required by changes in the ERP market. GFOA is also working to develop standardized functional requirements that serve as a baseline for a successful ERP implementation and provides accountability for major areas within a core system. We plan to work collaboratively with the City’s procurement team to include any terms and conditions from the City’s standard documents, decide on the procurement process, and ensure compliance with any other the City requirements. 239 Government Finance Officers Association Research and Consulting Center Page 15 When complete, the RFP document will incorporate information developed with many of the other deliverables from this project including: 1) Guidelines / expectations for the procurement 2) Key Objectives / Goals / Critical Success Factors for the Project 3) Detailed project scope including future business process vision 4) Functional requirements 5) Interface definitions 6) Data conversion expectations 7) Detailed vendor response templates 8) Procurement terms and conditions GFOA maintains a list of ERP vendors, implementation partners, and others in the industry. We will help publicize the City’s RFP to get the most competitive response. A key part of the RFP will be the development of detailed functional requirements and overall business process expectations that will be important throughout the selection project and throughout implementation. For the processes that are determined to be in scope, GFOA consultants will work with the City PIT Crew members to review, validate and ultimately make decisions on the high-level to-be process definition and those requirements that will serve as a tool for accountability going forward. GFOA focuses functional requirements development on business process and will prepare requirements in the form of testable use cases that will have value beyond the procurement phase. Functional requirements will be split into two categories. GFOA will use its baseline of standard functional requirements for governments. GFOA will then also work to develop unique requirements for the City based on policies, future state business processes or any statutory or regulatory requirements. At each step in the business process we will determine both the system requirements and implementation requirements and document those using a Microsoft Excel template that is aligned to our process maps that will be included in the eventual RFP. Requirements development focuses on functional requirements that define “what” needs to be completed (such as tasks, outputs, interfaces, calculations, processing, etc.) and not on “how” the system or the organization handles tasks currently. This allows for future improvement and full utilization of the system tools and built in processes to make the City more efficient. At this stage in the process, it is important for the business process improvement decisions to be made so the RFP can present a clear direction for the City’s project. While every ERP system has slightly different ways of completing business process transactions and the full business process can’t be defined at a fine level of detail without the assistance of system consultants, the overall direction and high-level understanding of the process is important to communicate. 240 Government Finance Officers Association Research and Consulting Center Page 16 It is expected then that the requirements serve as the base document that establishes a template for proposal comparisons, the scope of the implementation project, the base level criteria for user acceptance testing, and the standard for post implementation warranty. Task 4: RFP Development Duration: • 1-2 Months On-Site Presence • Approximately 25% Onsite Deliverables • RFP Document • Functional Requirements Task 5: Identify Evaluation Criteria GFOA’s system selection and procurement methodology relies on principles of fairness, attention to detail, and competition, yet remains flexible enough to adapt to local procurement laws or other unique situations. Our approach considers how best to use the procurement process to facilitate a statement of work and contract that holds the vendor accountable, ensures a quality implementation, and makes expectations clear. In addition, the approach is continually enhanced by feedback from the hundreds of public sector clients that we work with, our own staff experience, and the vendor community. Recently, GFOA has been working to incorporate our research on decision architecture and behavioral science into our approach for ERP RFP evaluations. GFOA will work with staff from the City to develop an evaluation strategy and work to define clear evaluation criteria. Once established, GFOA will prepare a guide for evaluators and conduct training alongside procurement staff from the City. Task 5: Identify Evaluation Criteria Duration: • 1 Month On-Site Presence • Minimal Onsite Deliverables • Evaluation Guidebook Task 6: Selection of Vendor Through defined steps, vendors will be evaluated and scored according to pre-defined criteria with the top vendors moving on to compete at the next step. Each step is an opportunity to negotiate terms, address risks, and provide methods for holding stakeholders accountable. Overall, our approach is focused on identifying and mitigating risks throughout the procurement process. GFOA’s RFP template provides the opportunity to focus the evaluation on key risk factors in the implementation and 241 Government Finance Officers Association Research and Consulting Center Page 17 separates actual proposal from marketing buzzwords. GFOA’s standard evaluation process includes the steps described below. Step 1: Proposal Assessment Upon receiving the written proposals from vendors, the City’s project team will begin an assessment and analysis of all proposals. GFOA will assist with this assessment by reviewing proposals and providing high level comments on potential risks, issues, and any significant weaknesses/gaps and/or strengths. GFOA recommends that the City incorporate an anonymous review for initial sections that can be evaluated without knowledge of the vendor name. This provides an opportunity to consider the merits of each proposal free from preconceived bias of evaluators. GFOA has also learned over the years that it can be difficult to evaluate a best fit vendor or the proposal that provides the best value for the City by only looking at a written response. Vendors are quite good at marketing in proposals and proposals may not actually reflect what it’s like to work with a firm. GFOA’s approach tries to mitigate this misleading presentation by providing multiple opportunities to meet the actual consultants who will be working on the project and supporting the relationship. GFOA will also structure the analysis to try and remove instances of evaluator bias or marketing misrepresentations from the vendors. After conducting an initial review of anonymous portion of proposals, the City will invite potentially viable solutions for a short virtual presentation (60 minutes). GFOA expects that the number of vendors elevate be based on the number of proposals the City receives, but potentially could include 8-10 vendors. By providing each a short time to present their proposal, the City will be able to evaluate what the differentiating features of each vendor’s proposal actually are. It also will give the City a chance to meet representatives for each firm. After presentations are complete, GFOA and the City’s project team will complete the full proposal analysis, which now will include vendor names. GFOA can also leverage our extensive experience to compare each proposal to industry standards. All key findings will be documented in a brief proposal assessment report that identifies GFOA’s findings. This report will also identify additional information that will be needed from vendors going forward. GFOA expects that after reviewing proposals, the City elevates a limited number of vendors for onsite demos/interviews. Step 2: Software Demos and Team Interviews GFOA staff will develop detailed demo scripts for each vendor. Demo scripts are based heavily on the requirements and business process decisions built in early tasks. Also, GFOA’s approach to software demos provides a focus on implementation activities. GFOA believes that it is critical for vendors to explain HOW the software will be 242 Government Finance Officers Association Research and Consulting Center Page 18 implemented along with the features of the software. The greatest system in the world will not be useful if it is not configured and implemented correctly to meet the needs of the organization. Our approach to software demos and interviews differentiates GFOA and demonstrates our dedication to continually evolve our approach to a changing ERP market. As software features become more mature, it is less important for governments to evaluate “if” it will work. However, since most of the risk comes from implementation, we work through a series of business process case studies, sample “workshops,” and implementation resource interviews to make sure you can effectively evaluate the knowledge and skills of the proposed implementation team. GFOA will also facilitate a combination of remote and in-person demos and interviews with each vendor. In this role, GFOA would ensure compliance with the demo scripts, take notes, and point out differentiators. GFOA expects that after this first round of software demos and interviews, the City elevate two vendors. Step 3: Discovery Discovery acts as another opportunity for the City to clarify unresolved issues before it makes its final elevation. Prior to Discovery, GFOA will develop a Request for Clarification (RFC) letter for each vendor that was elevated. Then, during Discovery, each remaining vendor is invited back on-site for one more day of presentation. During this presentation, any remaining issues with software functionality, implementation approach, data conversion, or scope are clarified and vendors are asked to make any necessary revisions to their proposal. The main focus of this session is to plan the implementation so that the City and vendor can later develop a detailed statement of work. GFOA will facilitate the Discovery session for two proposal teams. Additionally, by clarifying outstanding issues at Discovery, development of the statement of work becomes easier. At the conclusion of Discovery, the City will enter contract negotiations with one vendor. Task 6: Selection of a Vendor Duration: • 3-4 Months On-Site Presence • 25-50% Onsite Deliverables • Proposal Analysis • Initial Interview Facilitation • Demo Scripts and Facilitation • RFC/Discovery Task 7: Contract Negotiations GFOA will be involved with the negotiation of any applicable software license contract, software maintenance agreement, hosting / SaaS agreement or implementation 243 Government Finance Officers Association Research and Consulting Center Page 19 services agreement (or multiple contracts if the City selects multiple vendors) In addition, GFOA will lead the development of the statement of work using GFOA’s statement of work template. Often ERP vendors will start development of their statement of work from a template that is focused on limiting scope, suggesting change orders, and confusing responsibility or accountability for project outcomes. GFOA’s statement of work template follows the RFP and expectations for all proposals and will serve as a critical document throughout implementation that outlines responsibility for the implementation. GFOA will ensure that the City’s statement of work is defined to a fine level of detail to prevent any unnecessary issues or misunderstandings during implementation. Also, for cloud contracts, it is essential that the City identify and negotiate appropriate service level agreements and other contractual provisions that establish performance standards and identify role responsibility. GFOA will take the lead in establishing this documentation. Task 7: Contract Negotiations Duration: • 1-2 Months On-Site Presence • Offsite Deliverables • Software Agreement • Services Agreement • Statement of Work • Service Level Agreements • Third Party Agreements Task 8: Implementation Advisory Services (NOT IN SCOPE) GFOA can provide a project oversight role throughout the City’s project and work with the City and the City’s selected ERP vendor to achieve the City’s project goals. A project oversight role with GFOA will enable the City to leverage the presence that GFOA has in the public sector technology industry, and will allow the City to benefit from ERP implementation experience and research along with access to our nationwide membership network. GFOA will also continue our role as lead in contract negotiations for any contract amendments and project support to review milestones and invoices. GFOA has past experience with project oversight on a variety of projects. We are familiar with the implementation approach proposed by most vendors and can use lessons learned to help avoid some of the challenges that previous clients have faced. We expect to provide these lessons learned as well as proactive management of issues to mitigate any risks to the City’s project. Task 8: Implementation 244 Government Finance Officers Association Research and Consulting Center Page 20 Frequency • Ongoing On-Site Presence • As Necessary Deliverables • Monthly Status Reports • Deliverable Review Reports • Business Process Recommendations • Other Reports As Necessary Task 9: Sustained Change / Post Project Assessments (NOT IN SCOPE) Approximately three to six (3-6) months, or as determined to be an appropriate timeframe after completion of the ERP project (or project phase), GFOA can return to provide a follow up assessment on implementation progress and provide an objective status update on project goals or change progress. GFOA would conduct meetings with stakeholders responsible for implementation and for customer departments most impacted by the implementation to gauge process or evaluate overall success with implementation. It is expected that GFOA action plan will contain goals/objectives with performance measures to evaluate completion of milestones. GFOA will look at these measures, gather stakeholder input, and if necessary conduct a “mini-assessment” to provide further recommendations that would enhance or help implementation overcome any present challenges. In the past, GFOA has also used a similar process to review ongoing governance structure, discuss next steps for future improvements, document lessons learned, or provide case study documentation for the project that can be shared. Task 9: Post Project Reviews Frequency • Ongoing On-Site Presence • As Necessary Deliverables • Post Project Review 245 Government Finance Officers Association Research and Consulting Center Page 21 Project Schedule Below represents a typical project schedule or similar sized organizations. GFOA recommends a twelve to fourteen month readiness phase for tasks 1-7. As part of the first task of the projects, GFOA will prepare a detailed schedule and can adjust the timeline to better meet the needs of the City. Based on City’s preference, we have provided a sample timeline with start in July 2025, but would be available to start when the City is ready. Implementation of the core ERP system would then be expected for an additional 16-24 months (Although initial phases may go-live earlier and some extended scope may be deferred to later phases.) Proposed Schedule Project Start = July 2025 7 8 9 10 11 12 1 2 3 4 6 7 8 9 10 11 Task 1: Project Management Task 2: Process and System Assessment Task 3: Readiness Plan and Future Process Task 4: RFP Development Task 5: Evaluation Strategy Task 6: Vendor Selection Task 7: Contract Negotiations Task 8: Implementation T B D Task 9: Post Project Review T B D As part of the schedule, GFOA expects to complete working using a mix of remote and on-site meetings. Site visits would include conducting meetings, interviewing staff, conducting other data gathering, or facilitating discussions/workshops on the future plan. 246 Government Finance Officers Association Research and Consulting Center Page 22 Section III – Pricing GFOA’s pricing model is to identify a fixed fee for each deliverable. All travel and expenses are included in the fixed fee cost. GFOA will invoice for each deliverable after acceptance of the deliverable. Below is a standard list of deliverables for the project. Task/Deliverable Milestone Price 1 Project Planning 1-A Project Management Documents $30,000 2 System Analysis / Needs Assessment 2-A Detailed Process and System Analysis $45,000 2-B Future State Process Documentation $45,000 3 Readiness Plan and Process Improvements 3-B Readiness Plan $15,000 3-C Chart of Accounts $30,000 4 Develop RFP 4-A RFP and Requirements $25,000 5 Evaluation Strategy 5 Evaluation Guidebook $10,000 6 Evaluation and Selection of Vendor 6-A Proposal Assessment $20,000 6-B Demo Scripts and Facilitation $17,500 6-C Request for Clarification / Discovery $12,500 7 Contract Negotiations 7 Contract Negotiations $20,000 TOTAL NOT-TO-EXCEED PRICE for PHASE 1 and 2 $270,000 OPTIONAL: Community Billing Task/Deliverable Milestone Price 4 Develop RFP CD4-A RFP and Requirements $10,000 5 Evaluation Strategy CD5-A Evaluation Criteria and Evaluation Team Training $5,000 6 Evaluation and Selection of Vendor CD6-A Complete Assessment $5,000 CD6-B Demo Scripts and Facilitation $5,000 CD6-C Request for Clarification / Discovery $5,000 7 Contract Negotiations CD7-A Contract Negotiations $10,000 TOTAL NOT-TO-EXCEED PRICE FOR EACH ADDITIONAL RFP $40,000 247 Government Finance Officers Association Research and Consulting Center Page 23 OPTIONAL: Utility Billing Task/Deliverable Milestone Price 4 Develop RFP UB4-A RFP and Requirements $10,000 5 Evaluation Strategy UB5-A Evaluation Criteria and Evaluation Team Training $5,000 6 Evaluation and Selection of Vendor UB6-A Complete Assessment $5,000 UB6-B Demo Scripts and Facilitation $5,000 UB6-C Request for Clarification / Discovery $5,000 7 Contract Negotiations UB7-A Contract Negotiations $10,000 TOTAL NOT-TO-EXCEED PRICE FOR EACH ADDITIONAL RFP $40,000 * Costs listed for Utility Billing, community development or other additional RFPs would be for each RFP if the City elects to move forward with replacement of those systems. If the City elects to release an RFP for more than one RFP at the same time as RFP for ERP software, GFOA would reduce pricing listed above by 25%. If utility billing or community development functionality is part of the RFP for ERP systems, no additional costs would apply for RFP development or selection (however the deliverable for contract negotiation would still apply if utility billing or community development is a separate third party application/implementation). Notes: • GFOA’s proposal is based on rates of $300 per hour. GFOA will honor a rate of $300 per hour for all future work on this project, including any potential services provided through the end of the City’s ERP implementation project. • Note: GFOA’s milestone pricing includes travel costs. 248 Government Finance Officers Association Research and Consulting Center Page 24 Section IV – Contract Requirements GFOA would like to add the following to any future agreement. • GFOA is a nonprofit membership association made up of members representing organizations like the City. Therefore, the GFOA’s liability and indemnification under any agreement reached with your organization will be limited to the extent of claims paid by insurance coverage currently in force. • The City’s staff will be reasonably available for interviews and will participate in the project as agreed upon and appropriate. the City agrees not to cancel meetings once established (which would increase our travel costs). • Unless otherwise stated, the City agrees to confirm acceptance of deliverables within a mutually agreed upon number of business days. If a deliverable is not accepted, the City must state in writing to the GFOA Project Manager the changes needed to the deliverable to gain acceptance. • The GFOA conducts the majority of the engagement work on a fixed-fee engagement, where payment is due upon completion of deliverables. If any work is to be billed using a time and expense method, the time and expense portion of the engagement will be billed on a monthly basis at the hourly rate of $300/hour, unless otherwise noted. • When performing work on-site, GFOA staff will be provided appropriate workspace and access to copiers, projectors, workspace, and miscellaneous office supplies if necessary. • GFOA is scoped to prepare one RFP document and conduct the evaluation process for that one RFP. If it is determined to be in the City’s best interested to release multiple RFPs, GFOA will develop those RFPs at no additional cost. Proposal evaluation and system selection services for multiple RFPs may require additional cost depending on timing. • As an educational, nonprofit, professional membership association, the GFOA reserves the right to publish non-confidential documents describing the results of, or created during, the services described in this scope of work. The GFOA will not publish any item with the name of the City without obtaining prior written consent of the government. • The City recognizes that GFOA’s role is to provide information, analysis and advisory services. As such, GFOA bears no responsibility for the performance of the software, hardware, or implementation service suppliers. 249 Memorandum REPORT TO:City Commission FROM:Natalie Meyer, Sustainability Program Manager Brian Heaston, Senior Engineer Shawn Kohtz, Director of Utilities Jon Henderson, Assistant City Manager SUBJECT:Resolution Authorizing the Use of an Alternative Project Delivery Contract for a Design-Build Firm for Design and Construction Services for the Water Reclamation Facility Solar Photovoltaic, PV Project MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution Authorizing the Use of an Alternative Project Delivery Contract for a Design-Build Firm for Design and Construction Services for the Bozeman Water Reclamation Facility Solar Photovoltaic, PV Project. STRATEGIC PLAN:6.3 Climate Action: Reduce community and municipal Greenhouse Gas (GHG) emissions, increase the supply of clean and renewable energy; foster related businesses. BACKGROUND:The Bozeman Water Reclamation Facility (WRF) is an EPA award-winning facility with a treatment capacity of 8.5 million gallons per day (MGD). The facility uses biological nutrient removal for advanced treatment of the community's wastewater prior to discharge to the East Gallatin River. Wastewater treatment is an energy-intensive process. The WRF is the largest consumer of electricity for City-owned facilities, accounting for 40 percent of the City’s annual electricity demand. The electric load at the WRF is consistently high, making it a good candidate for a behind-the-meter solar system, which enables the installation of a system that exceeds the State of Montana's net-energy metering cap of 50 kW AC. On October 1, 2024, the City Commission approved a Task Order Agreement with HDR Engineering to complete a solar feasibility study at the WRF. The feasibility study provided a review of alternative layouts at a conceptual design level. The study finds that a PV system at the WRF is feasible and recommends installation of a 553.4 kW DC ground-mounted array. Design, permitting, and construction of the project are estimated at $1,239,600. The estimated simple return on investment (ROI) is 15 years, with a total estimated savings of $2.5 million over the 25-year life cycle of the project. The electricity generated by the project will reduce the WRF’s current average annual energy consumption by at least 17 percent. 250 City staff recommends completing this solar installation in calendar year 2025 to help secure the federal Clean Electricity Investment Credit (Section 48E). The 2022 Inflation Reduction Act included provisions for elective pay (also known as direct pay). Elective pay allows tax-exempt and government entities to receive the full value of certain clean energy tax credits as a refund. The base amount of the Clean Electricity Tax Credit is 6 percent of the qualified investment. The credit is increased by up to 30 percent for facilities meeting prevailing wage and registered apprenticeship requirements. The WRF solar project is expected to be eligible for up to 30 percent of the qualified investment. This would result in a federal tax credit payment of approximately $371,880 and shorten the simple ROI to 10.5 years. The future of the Clean Electricity Investment Credit and the availability of elective pay for tax-exempt and government entities is unknown. The City’s best opportunity to obtain the tax credit is to complete and interconnect the project in calendar year 2025. Staff recommends using design-build as the alternative project delivery method for the WRF Solar PV Project to best position it for completion in 2025 to take advantage of the federal tax credit while it remains authorized under law. In a design-build contract, the contractor assumes the responsibility and the risk for the engineering design and construction delivery under a single contract with the owner. The owner defines the project’s objectives and performance criteria within the design-build procurement documents, which are used to select the contractor that provides the highest possible overall value. The recommended solar array size and layout contained in the WRF solar feasibility study provides adequate definition for a project of this type. The State of Montana’s procurement statutes authorize the design-build alternative project delivery method. MCA 18-2-502 establishes specific requirements that must be met to use a design-build contract. To comply with state statute, the City will issue a request for qualifications to identify a short list of qualified design-build contractors. Qualified contractors, as determined by the City, will then be invited through a request for proposals to submit project pricing and a schedule for the project. The City’s selection of a design-build contractor will be based on overall best value upon evaluation of the contractor's qualifications, pricing, and schedule. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:The WRF Solar PV Project will be funded with Wastewater rates. The electric utility bill savings generated will reduce costs at the WRF and reduce future rates for ratepayers. The Design-Build alternative project delivery aims to limit cost overruns by 251 ensuring the design engineer and construction contractor can efficiently respond to unanticipated circumstances. In addition, in the event of changes by the U.S. Congress to the tax code, alternative innovative financing options may be evaluated through the design-build alternative project delivery procurement process, according to MCA 18-2-501(10). Attachments: Commission Resolution Alternative Project Delivery WRF Solar Project.pdf Report compiled on: April 25, 2025 252 Version February 2023 RESOLUTION #### A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE USE OF AN ALTERNATIVE PROJECT DELIVERY CONTRACT FOR A DESIGN- BUILD CONTRACT FOR A DESIGN-BUILD FIRM FOR DESIGN AND CONSTRUCTION SERVICES FOR THE BOZEMAN WATER RECLAMATION FACILITY SOLAR PHOTOVOLTAIC PROJECT WHEREAS, the City of Bozeman intends to proceed with a Water Reclamation Facility Solar Photovoltaic Project (the “Project”) and desires to use an alternative project delivery method to complete the Project while clean electricity investment tax credits currently authorized by U.S. Congress under the Inflation Reduction Act are available; and WHEREAS, Sec. 18-2-502, MCA, authorizes a local governing body to use an alternative project delivery contract if written findings are made showing specific statutory criteria have been met and alternative project delivery contracts are permitted under City Administrative Order 2023-03; and WHEREAS, a design-build contract is a type of alternative project delivery method that is suitable for the Project; and NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 The Bozeman City Commission authorizes the use of an alternative project delivery method to procure a design-build contractor in accordance with all applicable rules and law to complete the Project. 253 Version February 2023 Section 2 The City Commission finds: 1. The City has knowledgeable professional staff within its engineering, legal, sustainability, and water reclamation divisions with the capacity to manage an alternative project delivery contract for the Project. 2. The contract will be awarded in a manner consistent with all applicable rules and law regarding competitive public procurement required under Montana law and City policies, including but not limited to the award criteria for alternative project delivery contracts provided for in 18-2-503, MCA. Procurement will be achieved through the publication of a request for qualifications and a request for proposals submitted to qualified applicants, with a final selection to be made upon merit, qualifications, and best value analysis. The process will be conducted in a manner that will not encourage favoritism or bias nor substantially diminish competition by ensuring that only qualified contractors will be eligible, and that the award of the contract will be based on the applicant’s experience, financial health, project staff, approach to the project, and project costs. 3. The Project has significant schedule and cost ramifications that are tied to the current availability in calendar year 2025 of clean electricity investment tax credits authorized by U.S. Congress under the Inflation Reduction Act. Demonstrable public benefits result from completing the Project while these tax credits are available by significantly improving the Project’s return on investment and capital cost recovery period, up to 30 percent of the qualified investment. Other cost savings that justify an alternative project delivery contract include, but are not limited to, preconstruction and construction coordination among trades and value engineering. 4. Early completion of the Project using the design-build alternative delivery method results in increased opportunities for offsetting grid electrical power costs through onsite solar generation, which supports the City’s sustainability goals and saves ratepayer money. 5. The Project serves a public purpose by reducing the long-term levelized cost of electricity for the City facility that consumes the largest amount of electricity, reducing greenhouse gas emissions, and advancing community resilience and sustainability goals. 254 Version February 2023 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________, 20____. ___________________________________ TERENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 255 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Downtown Urban Renewal District SUBJECT:A Resolution, Authorizing the City Manager to Sign Change Order 1 with Montana Lines Inc. for The 5th & Main Lighting Project, Phase 1. MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Agreement - Vendor/Contract RECOMMENDATION:Adopt a Resolution, Authorizing the City Manager to Sign Change Order 1 with Montana Lines Inc. for The 5th & Main Lighting Project, Phase 1. STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:This Amendment for Change Order 1 for the 5th and Main Lighting Project, Phase 1, contains provisions to adjust the completion date to September 30, 2025 for material arrival installation and for unexpected concrete removal and GFI Outlet Service Modification. UNRESOLVED ISSUES:None ALTERNATIVES:As suggested by the City Commission FISCAL EFFECTS:Net Increase of this Change Order is $3,140.00. Attachments: 250422_Resolution_XXX_MT_Lines-May6.pdf Change Order 001.pdf Proposal CO#1.pdf Report compiled on: April 21, 2025 256 Version February 2023 RESOLUTION 2025-XXX A RESOLUTION OF THE CITY COMMISSION AUTHORIZING THE FIRST AMENDMENT TO THE CONSTRUCTION AGREEMENT FOR THE 5TH AND MAIN LIGHTING PROJECT WITH MONTANA LINES WHEREAS, The City Commission did, on May 6, 2025 authorize the First Amendment to Construction Agreement for The 5th & Main Lighting Project, Phase 1 with Montana Lines Inc.; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make date modifications to the specifications and/or plans of the contract by extending the schedule timeline; and WHEREAS, it has become necessary in the prosecution of the work to modify the contract proposed price. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications including a date extension to September 30, 2025 and increased price $3,140.00 for the 5th and Main Lighting Project – Phase 1, as contained in the Change Order 1, attached hereto: be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature., to wit: PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th Day of May, 2025. 257 Version February 2023 ___________________________________ Terence Cunningham Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 258 79,979.00 79,979.00 3,140.00 83,119.00 Montana Lines, Inc.City of Bozeman Concrete Removal - $2,650.00 GFI Outlet Service Modification - $490.00 04/10/25 259 260 April 21, 2025 Joey Stazscuk Sanbell 106 E Babcock St, Suite L1 Bozeman, MT 59715 Change Order Proposal RE: Main Street Lighting – Bozeman Montana Lines proposes to perform the requested extra work for the following Agreed Prices: Concrete Removal 10 SY @ $ 265.00 $ 2,650.00 GFI Outlet Service Modification $ 490.00 Total Proposed Price Increase for Change Order #001 $ 3,140.00 Also, Montana Lines would need a schedule extension to September 30, 2025 due to the light pole procurement timeline. Thanks you for your consideration. Sincerely, Jodie Tooley Office Manager Equal Opportunity EmployerMontana Lines, Inc.OFFICE: 406.727.1316 FAX: 406.727.0354 www.mtlines.com2800 Upper River Road Great Falls, MT 59405 261 Memorandum REPORT TO:City Commission FROM:Erin George, Community Development Director Jon Henderson, Assistant City Manager SUBJECT:Community Development Building Data Dashboard Overview Presentation MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Plan/Report/Study RECOMMENDATION:N/A STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:The Community Development Department and Strategic Services Department are pleased to present the Building Data Dashboard. Staff are often asked about building permit data, such as how many permits or dwelling units have been approved in a given period of time. This new online resource will provide such data on demand for a time period defined by the user, going back as far as 2020. Creation of this dashboard would not have been possible without the innovation of Strategic Services staff. The dashboard will give more flexible and rapid access to data of interest to the community and will save significant staff time responding to data inquiries in the future. Staff will demonstrate the new dashboard, as well as the existing CD Viewer map at the May 6th meeting. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: April 22, 2025 262 Memorandum REPORT TO:City Commission FROM:Shawn Kohtz, Utilities Director Adam Oliver, Stormwater Program Manager SUBJECT:A Resolution Adopting the 2025 Stormwater Facilities Plan MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Consider the Motion: "Having considered the draft 2025 Stormwater Facilities Plan, all public comment, and information received, I hereby adopt the findings of the proposed Resolution and adopt the Resolution with an effective date of May 6, 2025." STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and maintenance for existing and new infrastructure. BACKGROUND:As the community continues to grow, existing infrastructure ages, and regulations evolve, a comprehensive update to the 2008 Stormwater Facilities Plan is needed to ensure the City can continue to meet its level of service, accommodate growth, and comply with the MS4 General Permit. The 2025 Stormwater Facilities Plan is a master plan of the City’s stormwater collection system and administrative programs. The plan encompasses a wide scope of items ranging from storm sewer system modeling, evaluation of storm sewer system performance, identification of system deficiencies, development of a comprehensive capital improvement plan to address storm sewer system needs, MS4 General Permit compliance recommendations, inform levels of service, and funding. The goals of the 2025 Stormwater Facilities Plan are to provide the community with resources and tools to continue meeting the City’s Strategic Plan by fostering a well-planned City, promoting a sustainable environment, providing capital improvements for existing and new infrastructure, and ultimately helping guide public funds to the right project at the right time to maximize benefit at minimum cost. The 2025 Plan was recently presented to both the Sustainability Board and Community Development Board. UNRESOLVED ISSUES:None 263 ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The 2025 Stormwater Facilities Plan does not directly authorize spending. However, the plan informs levels of service, infrastructure investment strategy, and Stormwater Program scope. Attachments: 2025 SW Facilities Plan Resolution.docx 2025_Stormwater_Facilities_Plan.pdf Report compiled on: April 1, 2025 264 Version February 2023 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE 2025 STORMWATER FACILITIES PLAN. WHEREAS, the City of Bozeman’s Stormwater Division is committed to protecting public safety, improving water quality, and complying with environmental regulations. WHEREAS, the City of Bozeman is committed to addressing the community’s expressed needs and desires for essential services, including stormwater collection system services. WHEREAS,the City of Bozeman is a is a regulated entity and is required to comply with water quality regulations contained within the Montana Department of Environmental Quality’s General Permit for Stormwater Discharges Associated with Small Municipal Separate Storm Sewer System (MS4). WHEREAS,the City of Bozeman has operated under a2008 Stormwater Facilities Plan and completed a majority of recommendations contained therein. WHEREAS,the City of Bozeman has developed an updated Stormwater Facilities Plan examining the status and needs of the current Stormwater Program. The 2025 Stormwater Facilities Plan provides a lawful, logical, balanced, operationally sound, and cost-effective basis upon which to develop,maintain, and improve the City’s stormwater system facilities, tasks, and processes. WHEREAS,the 2025 Stormwater Facilities Plan was created in support of the City’s Land Use Planning documents. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: The 2025 Stormwater Facilities Plan, as attached hereto and by this reference made a part hereof, is adopted, including correction of all identified errata. 265 Version February 2023 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________, 20____. ___________________________________ TERRENCE CUNNINGHAM Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 266 2025 Bozeman Stormwater Facilities Plan | 2025 BOZEMAN STORMWATER FACILITIES PLAN Prepared for: City of Bozeman 7 East Beall St. Bozeman, MT 59715 Prepared by: May 2025 267 2025 Bozeman Stormwater Facilities Plan | Page ii TABLE OF CONTENTS EXECUTIVE SUMMARY .................................................................................... VIII 1.0 INTRODUCTION ......................................................................................... 1 2.0 PURPOSE ................................................................................................... 1 3.0 CITY OF BOZEMAN STORMWATER PROGRAM ........................................... 2 4.0 POLICY AND DESIGN CRITERIA ................................................................... 5 5.0 INVENTORY OF STORMWATER FACILITIES ................................................. 8 5.1 Summary GIS Data ................................................................................................................. 8 5.2 Missing Datasets .................................................................................................................... 9 5.2.1 Drainage Area – Watersheds and Subbasins ........................................................... 9 5.2.2 Underground Storage Facilities .............................................................................. 10 5.2.3 Stormwater/Groundwater Pumps .......................................................................... 10 5.2.4 Permeable Pavers ................................................................................................... 10 5.2.5 MS4 Boundary ........................................................................................................ 10 5.2.6 Other New Facilities Type ....................................................................................... 10 5.3 Data Gaps in GIS Data .......................................................................................................... 10 5.4 Recommendations on GIS Data Collection .......................................................................... 11 5.4.1 Stormwater Asset Data Management Planning .................................................... 12 5.4.2 Data Collection for Existing Data Gaps .................................................................. 12 5.4.3 Data Collection for New Stormwater Assets .......................................................... 12 5.4.4 Other Recommendations ........................................................................................ 13 6.0 OPERATIONS AND MAINTENANCE .......................................................... 14 6.1 CityWorks and GIS Data ....................................................................................................... 14 6.2 Maintenance Shops and Equipment ................................................................................... 14 6.3 Inlets .................................................................................................................................... 15 6.4 Manholes ............................................................................................................................. 16 6.5 Storm Drains ........................................................................................................................ 17 6.5.1 Cleaning and Video Inspections .............................................................................. 17 6.5.2 Repairs and Locates ................................................................................................ 18 6.6 Water Quality Treatment Units ........................................................................................... 19 6.7 Roadside Ditches ................................................................................................................. 20 6.8 Open Channel Stormwater Conveyance ............................................................................. 20 6.9 Detention Ponds .................................................................................................................. 21 6.10 Underground Storage Facilities ........................................................................................... 22 6.11 Stormwater Outfalls ............................................................................................................ 22 6.12 Bozeman Creek Wells and Pumps ....................................................................................... 23 6.13 Drainage Culverts ................................................................................................................ 23 6.14 Curb Chases ......................................................................................................................... 23 6.15 Utility Locates ...................................................................................................................... 24 6.16 Street Sweeping ................................................................................................................... 25 6.17 Porous Paver Cleaning ......................................................................................................... 26 268 2025 Bozeman Stormwater Facilities Plan | Page iii 6.18 Recommendations ............................................................................................................... 26 7.0 DEFERRED MAINTENANCE AND REPLACEMENT ....................................... 28 7.1 Inlets .................................................................................................................................... 28 7.2 Manholes ............................................................................................................................. 29 7.3 Storm Drains ........................................................................................................................ 29 7.3.1 Vitrified Clay Pipe (VCP) .......................................................................................... 29 7.3.2 Laterals ................................................................................................................... 30 7.3.3 Trunk Lines .............................................................................................................. 31 7.4 Water Quality Treatment Units ........................................................................................... 32 7.5 Open Channels Stormwater Conveyance ............................................................................ 33 7.6 Detention Ponds .................................................................................................................. 34 7.7 Stormwater Outfalls ............................................................................................................ 35 7.8 Bozeman Creek Wells and Pumps ....................................................................................... 36 7.9 Drainage Culverts ................................................................................................................ 37 7.10 Curb Chases ......................................................................................................................... 37 7.11 Recommendations ............................................................................................................... 38 8.0 CAPITAL IMPROVEMENTS AND PLANNING .............................................. 39 8.1 Stormwater Planning Studies .............................................................................................. 39 8.1.1 West Bozeman – South Planning Study .................................................................. 39 8.1.2 Lower Bozeman Creek (Mid-town) Planning Study ................................................ 40 8.1.3 West Bozeman – North Planning Study .................................................................. 42 8.1.4 North Bozeman (North of I-90) Planning Study ...................................................... 42 8.1.5 Hyalite Creek Watershed Planning Study ............................................................... 42 8.1.6 Upper Bozeman Creek Planning Study ................................................................... 43 8.1.7 East Bozeman Planning Study ................................................................................ 43 8.2 Pre-1980 Capacity Evaluation .............................................................................................. 44 8.2.1 S. 8th and S. 9th Avenues Improvements .................................................................. 46 8.2.2 S. Wallace Avenue Improvements .......................................................................... 46 8.2.3 W. Arthur Street Improvements ............................................................................. 50 8.3 Downtown Storm Drainage Improvements Studies ............................................................ 52 8.3.1 Downtown Storm Drainage Hydraulic Analysis (2021) .......................................... 52 8.3.2 Downtown Stormwater Study (2024) ..................................................................... 52 8.4 Other Capital Improvement Projects .................................................................................. 54 8.4.1 Projects from the 2008 Plan ................................................................................... 54 8.4.2 2024 City of Bozeman Stormwater CIP Projects ..................................................... 55 8.4.3 Assessment of the City’s Historical Pipe Replacement Program ............................ 56 8.5 Water Quality Capital Projects ............................................................................................ 57 8.6 Summary of Stormwater Capital Improvement Recommendations ................................... 58 9.0 REGULATORY WATER QUALITY COMPLIANCE ......................................... 61 9.1 Regulatory History ............................................................................................................... 61 9.1.1 2005 to 2009 Permit ............................................................................................... 61 9.1.2 2010 to 2014 Permit and Extension ....................................................................... 62 9.1.3 2017-2021 MS4 Permit ........................................................................................... 62 9.1.4 2022-2026 MS4 Permit ........................................................................................... 62 9.2 Co-Permittees ...................................................................................................................... 63 9.3 Impaired Waterways ........................................................................................................... 63 269 2025 Bozeman Stormwater Facilities Plan | Page iv 9.4 Permit Requirements .......................................................................................................... 64 9.4.1 MCMs 1 and 2 — Public Education, Outreach, Involvement, and Participation: ....................................................................................................................... 64 9.4.2 MCM 3 — Illicit Discharge Detection and Elimination (IDDE): ............................... 65 9.4.3 MCM 4 – Construction Site Stormwater Management: ......................................... 65 9.4.4 MCM 5 – Post-Construction Site Stormwater Management: ................................. 65 9.4.5 MCM 6 – Pollution Prevention and Good Housekeeping: ...................................... 66 9.4.6 Special Conditions ................................................................................................... 66 9.4.7 Other ....................................................................................................................... 66 9.5 2021 MDEQ MS4 Permit Audit Summary ............................................................................ 66 9.6 Regulatory Water Quality Compliance Recommendations ................................................. 67 9.6.1 Post-Construction Program Review and Recommendations .................................. 68 9.6.2 Flow Sampling Enhancement ................................................................................. 69 10.0 PROGRAM MANAGEMENT AND ADMINISTRATION ................................. 70 10.1 Current Program Management and Administration Activities ........................................... 70 10.1.1 Stormwater Program Administration ..................................................................... 70 10.1.2 Office Space and Parking ........................................................................................ 70 10.1.3 Subdivision and Commercial Site Development Review ......................................... 71 10.1.4 Work Order (Contract) Administration ................................................................... 71 10.1.5 Responding to Customer Concerns ......................................................................... 72 10.1.6 Stormwater CIP Planning ........................................................................................ 72 10.1.7 GIS Support ............................................................................................................. 72 10.1.8 SWPPP Administration ........................................................................................... 73 10.1.9 Records Research and Document Management .................................................... 73 10.2 Recommendations ............................................................................................................... 74 10.2.1 Office Space and Parking Expansion....................................................................... 74 10.2.2 Streamline Billing and GIS Process ......................................................................... 74 10.2.3 SWPPP Administration ........................................................................................... 74 10.2.4 Records Research and Document Management .................................................... 75 10.2.5 Increase Collaboration between Departments ....................................................... 75 10.2.6 Investing in Long-term Planning with Regional Stormwater Solutions .................. 75 11.0 STORMWATER PROGRAM FUNDING ASSESSMENT ................................. 76 11.1 Introduction to Utility Ratemaking ...................................................................................... 76 11.1.1 Overview of Capital Funding Strategies ................................................................. 76 11.1.2 Discussion of Cash versus Debt ............................................................................... 77 11.1.3 Summary ................................................................................................................. 78 11.2 What Information is Needed for a Rate Study? .................................................................. 79 11.3 Current Financial Position of Stormwater Utility ................................................................ 81 11.4 Rate Structure Review ......................................................................................................... 84 11.4.1 City’s Existing Rate Structure .................................................................................. 84 11.4.2 Rate Structure Policy Analysis ................................................................................ 84 11.4.3 Rate Structure Evaluation ....................................................................................... 85 11.5 Rate Credit Review .............................................................................................................. 85 11.5.1 City’s Existing Credit and Discount Programs ......................................................... 85 11.5.2 Rate Credit Policy Analysis ...................................................................................... 86 11.5.3 Rate Credit Evaluation ............................................................................................ 86 270 2025 Bozeman Stormwater Facilities Plan | Page v 11.6 Facility-Specific Funding Options ......................................................................................... 87 11.7 Funding the Stormwater Facilities of Transportation Projects ........................................... 88 11.7.1 Industry Practices ................................................................................................... 88 11.7.2 City Objectives ........................................................................................................ 88 11.7.3 Recommendations and Approaches ....................................................................... 89 11.7.4 Stormwater Impact Fee vs. Transportation Impact Fee ......................................... 89 11.8 Funding for New Buildings and Land ................................................................................... 89 11.9 Summary and Recommendations ....................................................................................... 90 11.9.1 Rate Study Overview............................................................................................... 90 11.9.2 Rate Structure and Rate Credits ............................................................................. 90 11.9.3 Facility-Specific Fund Strategies ............................................................................. 91 12.0 RECOMMENDATIONS .............................................................................. 92 12.1 Priority-Based Action Plan ................................................................................................... 92 12.2 Conclusion ........................................................................................................................... 94 13.0 CULVERT MAINTENANCE AND REPLACEMENT PROGRAM ....................... 95 13.1 Preliminary Inventory .......................................................................................................... 95 13.2 Preliminary Inspection Protocols ........................................................................................ 95 13.3 Inspection Frequency .......................................................................................................... 96 13.4 Maintenance, Repairs, and Replacement ........................................................................... 96 13.5 Culvert Deferred Maintenance ............................................................................................ 97 13.6 Program Planning and Funding ........................................................................................... 97 13.7 Implementation ................................................................................................................... 98 14.0 REFERENCES ............................................................................................ 99 FIGURES Figure 1 – City of Bozeman Stormwater Program – Organization Chart ...................................................... 3 Figure 2 – Stormwater Program Elements and Activities ............................................................................. 4 Figure 3 – Example of City of Bozeman Infrastructure Viewer and Stormwater Layers .............................. 8 Figure 4 — City of Bozeman Maintenance Districts ................................................................................... 15 Figure 5 — Inlet Cleaning ............................................................................................................................ 16 Figure 6 – Example of Mr. Manhole Grade and Casting Repair .................................................................. 17 Figure 7 – Video Inspection Equipment ...................................................................................................... 18 Figure 8 – Storm Drain Repair on N. Church St. .......................................................................................... 19 Figure 9 – Treatment Unit Debris Inspection and Measurement ............................................................... 20 Figure 10 – Sediment Removal Maintenance on a Detention Pond ........................................................... 22 Figure 11 – Curb Chase Cleaning ................................................................................................................. 24 Figure 12 – Utility Locate on Mendenhall St ............................................................................................... 25 Figure 13 – Fall Street Sweeping ................................................................................................................. 26 Figure 14 – Undersized Inlet and Lateral on S. Willson Ave. and W. Olive St. ............................................ 28 Figure 15 — Downtown VCP Pipe Condition .............................................................................................. 30 Figure 16 – Undersized Storm Drain Lateral on Main and Grand ............................................................... 31 Figure 17 – Vac Truck Cleaning of a Treatment Unit .................................................................................. 32 Figure 18 – Vegetation Overgrowth into Open Channel Along Davis Lane ................................................ 33 Figure 19 – Wetland Overgrowth in the Laurel Glen Detention Pond ....................................................... 35 271 2025 Bozeman Stormwater Facilities Plan | Page vi Figure 20 – Erosion at a Stormwater Outfall .............................................................................................. 36 Figure 21 – Planning Studies ....................................................................................................................... 41 Figure 22 – Pre-1980 Capacity Evaluation Project Extents ......................................................................... 45 Figure 23 – S. 8th Avenue Improvements .................................................................................................... 47 Figure 24 – N. 9th Avenue Improvements ................................................................................................... 48 Figure 25 – S. Wallace Avenue Improvements ........................................................................................... 49 Figure 26 – W. Arthur Street Improvements .............................................................................................. 51 Figure 27 – City of Bozeman Rain Garden / Infiltration Boulevard............................................................. 53 Figure 28 – Capital Improvement Projects and Studies .............................................................................. 60 Figure 29 — Revenue Requirement Overview............................................................................................ 76 Figure 30 – Potential Elements of the City’s Stormwater Program ............................................................ 80 Figure 31 – Multi-Year Financial Performance for Stormwater Utility (based on FY 2025-2026 Budget) .................................................................................................................................... 82 Figure 32 – Current Credits / Discounts According to City of Bozeman Resolution 5272 .......................... 85 Figure 33 – City of Redmond, WA – Regional Capital Facilities Charge ...................................................... 87 Figure 34 – City of Bothell, WA – Downtown Sub-Basin Area Facility Charge ............................................ 87 Figure 35 – Pierce County, WA – Area Specific Service Charges ................................................................ 88 TABLES Table 1 – City of Bozeman GIS Datasets ....................................................................................................... 9 Table 2 — Inlet Deferred Maintenance ...................................................................................................... 29 Table 3 — Manhole Deferred Maintenance ............................................................................................... 29 Table 4 — Storm Drain Laterals (D <= 12 inches) Deferred Maintenance .................................................. 30 Table 5 — Storm Drain Trunk Lines (D > 12 inches) Deferred Maintenance .............................................. 31 Table 6 — Treatment Units Deferred Maintenance ................................................................................... 32 Table 7 — Open Channels Deferred Maintenance ..................................................................................... 33 Table 8 — City-Owned and Private Detention Ponds Deferred Maintenance ........................................... 34 Table 9 — Subset — City-Owned Detention Ponds Deferred Maintenance .............................................. 34 Table 10 — Outfalls Deferred Maintenance ............................................................................................... 36 Table 11 — Culverts Deferred Maintenance .............................................................................................. 37 Table 12 — Curb Chases Deferred Maintenance ........................................................................................ 37 Table 13 — Infiltration Gallery Calculations ............................................................................................... 53 Table 14 – CIP Projects Not Completed from the 2008 Plan ...................................................................... 55 Table 15 – 2024 City of Bozeman Stormwater CIP Projects ....................................................................... 55 Table 16 – Stormwater Water Quality Projects .......................................................................................... 58 Table 17 – Planning Studies and Capital Improvement Projects ................................................................ 59 Table 18 – Impaired Waterbody and Impairments with MS4 Boundary .................................................... 63 Table 19 – TMDL for Lower Bozeman Creek ............................................................................................... 64 Table 20 – Mandeville Creek TMDL Goal .................................................................................................... 64 Table 21 – Capital Funding Matrix .............................................................................................................. 79 Table 22 – Level of Service Matrix – SAMPLE ONLY ................................................................................... 79 Table 23 – 2024-31 Stormwater Utility Capital Program – Inflated Dollars in $10k (DRAFT) ..................... 83 Table 24 – City of Bozeman’s Current Stormwater Rate Structure (FY 2025) ............................................ 84 Table 25 – City of Bozeman’s Utility Rate Credit Program ......................................................................... 86 272 2025 Bozeman Stormwater Facilities Plan | Page vii APPENDICES Appendix A: GIS Tables Appendix B: Capital Improvement Needs for Pre-1980 Stormwater Facilities Appendix C: Flow Measurement Rating Curves Appendix D: Water Quality Capital Projects 273 2025 Bozeman Stormwater Facilities Plan | Page viii EXECUTIVE SUMMARY The City of Bozeman Stormwater Program has made tremendous strides since its development in 2012. Many of the recommendations from the 2008 Bozeman Stormwater Facilities Plan [1], referred to herein as the 2008 Plan, have been implemented, including developing a robust database of the stormwater infrastructure, creating a stormwater management plan (SWMP) to comply with the Montana Department of Environmental Quality (MDEQ) MS4 Permit requirements, and developing a stormwater utility rate to partially fund operation, inspection, maintenance, and capital needs. Over the past fifteen years, Bozeman has undergone major changes due to rapid development across Gallatin Valley and evolving stormwater regulations. This changing dynamic created the need for a new Stormwater Facilities Plan that would include an assessment of their current program and new recommendations that can be the roadmap to guide their program in the coming years. This 2025 Stormwater Facilities Plan, referred to herein as the 2025 Plan, examines the entire Stormwater Program and assesses key categories, including the Program's organization, policy and design criteria, inventory of existing facilities, operations and maintenance, deferred maintenance, capital improvements and planning, regulatory water quality compliance, program administration and management, and funding. The following summarizes the findings, conclusions, and recommendations for each section. Stormwater Program Organization The City of Bozeman’s Stormwater Program is managed by a dedicated administration team of five staff members, supported by operations and maintenance personnel from the Water/Sanitary/Storm (WSS) Operations and Street Maintenance (SM) groups. These groups oversee a range of activities, including annual inspections, maintenance of underground and surface facilities, capital improvement planning, and compliance with MDEQ MS4 Permit requirements. Key facilities managed include inlets, manholes, storm drains, storage ponds, outfalls, and curb chases. A primary focus of the program is meeting regulatory compliance, which entails significant documentation and annual reporting of the Stormwater Program. Policy and Design Criteria The City of Bozeman’s stormwater policy and design criteria have evolved since the adoption of the 2008 Plan. Key recommendations from the 2008 Plan, such as establishing a Stormwater Utility, inventorying stormwater assets, developing a GIS database, and enhancing compliance with MS4 Permit requirements, have been successfully implemented. The City has also upgraded infrastructure, created a GIS-based inspection system, and improved water quality treatment to address TMDL limits in Bozeman Creek. Recent updates include a comprehensive rewrite of the City’s stormwater design standards, which had not been revised since 1980. These updates incorporate new precipitation data, refined design storm criteria, enhanced requirements for stormwater plans, and updated methodologies for hydrologic analysis and facility maintenance. As the City’s Stormwater Program matures, this facilities plan provides additional recommendations for expansion of the program. 274 2025 Bozeman Stormwater Facilities Plan | Page ix GIS Inventory and Asset Management The City of Bozeman has made substantial progress in developing a GIS-based inventory of its stormwater facilities, providing critical data for asset management, maintenance, and capital planning. A review of the March 2024 GIS datasets identified data gaps and missing information, such as watershed boundaries, underground storage facilities, and permeable pavers. To address these gaps, the City needs to develop and complete a comprehensive stormwater asset data management plan, emphasizing standardized attributes, predefined domains, and collaboration among GIS staff, stormwater administration, and external consultants. Following the development of this plan, field data collection will be necessary to populate all required attributes. This approach will allow for consistent data collection, improve data accuracy, and support further compliance with MS4 requirements. Addressing identified gaps, such as culvert data throughout the city limits, will enhance infrastructure representation. Additional measures, including integrating photo documentation, linking as-built drawings, and requiring new developments to submit GIS-compatible data, will further streamline data collection and promote comprehensive asset management. Operations and Maintenance The City utilizes CityWorks and GIS datasets for tracking and managing inspection and maintenance activities, aiming for a five-year maintenance cycle across its infrastructure. Key facilities, including inlets, manholes, storm drains, water quality treatment units, and culverts, are maintained with varying levels of efficiency. However, challenges such as insufficient staff, equipment, and space at the City Shops Complex limit the City's ability to improve its efforts. Additionally, the City does not have a structured program for inspecting, maintaining, and replacing or rehabbing its culverts, open channels, and ponds, which are all critical components of the stormwater system. Currently, the City is falling short of its 20% annual inspection target and relies on a reactive maintenance approach for certain facilities like detention ponds, culverts, open channels, and underground storage. To address these issues, it is recommended that the City expand its resources and develop a Level of Service (LOS) matrix to assess operation and maintenance needs to meet various goals and incorporate additional facilities like culverts, ponds, and open channels. In addition, the City needs to develop systematic programs, particularly for culverts and open channel conveyances. For culverts specifically, a detailed workflow is provided to highlight steps to start developing a culvert program. It includes a phased approach that first gathers critical data such as culvert locations and conditions that will allow Bozeman to understand these assets and scale a program to protect and extend the life of its assets in a cost- effective, systematic way. Open channels are even more complicated, and the City needs to do an inventory and assessment of these channels to understand better the size, shape, and condition of these facilities. Addressing these challenges will require increased funding, staffing, and strategic planning to improve stormwater management efficiency and ensure long-term sustainability. Deferred Maintenance and Replacement The City of Bozeman faces considerable deferred maintenance across various stormwater infrastructure types, with conditions and responsibilities assessed using the latest GIS data and staff input. Key findings include the critical need for replacing vitrified clay pipes (VCP), which account for significant system deficiencies. The City has fallen behind on its 2030 VCP replacement target and needs to revise its goals and prioritize critical sections of storm drain. Detention ponds also require substantial attention, with 57% of all ponds needing maintenance or retrofits. While only 5% of City-owned ponds are in poor condition 275 2025 Bozeman Stormwater Facilities Plan | Page x or undersized, privately owned ponds represent the bulk of deferred maintenance. Many require design retrofits or extensive repairs, as identified in the Post-Construction Program Review and Recommendations report [2]. Limited City involvement in privately owned ponds contributes to these challenges, emphasizing the need for improved oversight and collaboration. Recommendations include developing targeted maintenance programs, conducting comprehensive inspections, developing a formal enforcement response plan (ERP), and integrating findings into capital improvement planning. A specific focus on detention ponds is necessary, with efforts to establish clear maintenance standards, increase inspections, and define responsibilities between the City and private owners. A needs-based utility rate study is advised to balance funding with maintenance timelines, aiming to address deficiencies over 5–20 years while ensuring financial sustainability. Coordination across facility types, improved inspection methods, and strategic prioritization are essential to addressing Bozeman’s stormwater infrastructure challenges effectively. Capital Improvements and Planning Stormwater planning studies are critical for managing Bozeman’s current and future infrastructure needs, addressing existing system bottlenecks, flooding, and water quality while guiding long-term growth. Historically, the City has relied on Stormwater Facilities Plans to identify stormwater capital improvement needs. The 2025 Plan evaluated pre-1980 facilities in downtown Bozeman but did not focus on other growth areas. Because the City does not currently have a comprehensive citywide plan, additional focused stormwater planning studies are necessary, particularly as Bozeman continues to expand. The West Bozeman – South and West Bozeman – North areas are identified as the most critical. These targeted efforts will support effective capital improvement planning and policy decisions and help identify potential regional detention facilities to facilitate responsible development. The 2025 Plan assessed pre-1980 infrastructure through a planning-level model, revealing undersized pipes and significant surface flooding in multiple areas. Recommended capital improvements include major pipe replacements along S. 8th and 9th Avenues, S. Wallace Avenue, and W. Arthur Street to mitigate surcharge and ponding issues. In the downtown area, further studies refined the design of infiltration galleries and a potential bypass trunk line, with a recommended solution favoring infiltration galleries for both cost and water quality benefits. Additional projects that have not been addressed from the 2008 Plan remain a priority, and the City’s Historic Pipe Replacement Program must accelerate VCP replacements to avoid long-term failures. Meanwhile, locations for water quality improvements, such as mechanical treatment units and infiltration facilities, have been identified to reduce sediment loads and meet regulatory obligations to Bozeman Creek. Collectively, these recommended projects and planning studies underscore the need for ongoing, strategic capital investments to address aging infrastructure, improve system capacity, and protect water quality as Bozeman continues to grow. The list below outlines the City’s capital improvement and planning needs. Internal discussions by the City will be necessary to establish a prioritized plan for these projects. 276 2025 Bozeman Stormwater Facilities Plan | Page xi Project Number Project Name Budget Level Cost Estimate Stormwater Planning Studies 1 West Bozeman – South Study $330,000 2 Lower Bozeman Creek Study $450,000 3 West Bozeman – North Study $530,000 4 North Bozeman (N I-90) Study $470,000 5 Hyalite Creek Watershed Study $150,000 6 Upper Bozeman Creek Study $330,000 7 East Bozeman Study $290,000 8 Farmers Canal Capacity Study $300,000 Stormwater Design and Construction Projects 9 Mechanical Treatment – Peach St. $280,000 10 Mechanical Treatment – Tamarack St. $300,000 11 Historic Pipe Replacement Program $37,000,000 12 N. 9th Ditch Rehabilitation $450,000 13 Manley Ditch Rehabilitation $520,000 14 S. 8th and S. 9th Avenues Improvements $7,300,000 15 S. Wallace Avenue Improvements $2,100,000 16 W. Arthur Street Improvements $11,300,000 17 Downtown Bypass or Infiltration Galleries $2,900,000 Water Quality Design and Construction Projects 18 S. 11th and Koch St. $330,000 19 Arthur Basin $450,000 20 Willson Avenue $530,000 21 Cooper Park Midtown $470,000 22 Cherry Drive $150,000 23 Langhor Avenue $330,000 24 W. Olive St., S. 16th Ave., W. Babcock St. $290,000 25 W. Cleveland St. / W. Garfield St. $300,000 26 Kagy and Highland Boulevards $470,000 27 S. 20th Avenue $330,000 28 W. Babcock St. and S. Ferguson Avenue $300,000 29 Durston Road and Meagher Avenue $300,000 30 N. 20th Avenue and Durston Road $300,000 277 2025 Bozeman Stormwater Facilities Plan | Page xii Regulatory Water Quality Compliance The City of Bozeman is required to comply with Montana’s MS4 General Permit [3], which focuses on reducing pollutants in stormwater discharges to local waterways. Over time, the City has advanced its Stormwater Program, conducting thorough assessments, developing a Stormwater Management Plan (SWMP), and implementing various Minimum Control Measures (MCMs). MDEQ audits have generally recognized Bozeman’s commendable efforts, with only a few remaining violations related to the City’s post-construction stormwater pond inspection and enforcement procedures. To address these deficiencies, the City plans to refine its post-construction program by adopting stricter design criteria, expanding inspection protocols, providing targeted public education, and developing a formal Enforcement Response Plan. Additional funding will be essential, likely sourced through the existing stormwater utility and guided by a needs-based utility rate study. Enhancements to flow sampling and continuous monitoring are also recommended to better capture real-time water quality data for further understanding of the City influences on Bozeman Creek. Overall, these measures will strengthen Bozeman’s compliance with MS4 General Permit requirements, ensure effective long-term stormwater management, and protect local water resources as the city continues to grow. Program Management and Administration The City of Bozeman’s Stormwater Program has demonstrated effective program management and administration through collaborative efforts involving Engineering, Finance, GIS, Street Maintenance, and Water/Sanitary/Storm Operations. However, ongoing challenges include limited office space and parking, a time-consuming billing process tied to impervious surface digitization, and fragmented records management. Recommended improvements include prioritizing expanded office space, streamlining GIS and billing processes, delegating SWPPP administrative tasks where possible, and consolidating stormwater records into a unified digital system accessible to both staff and the public. Strengthening inter-departmental collaboration and investing in larger-scale, regional stormwater planning studies will help the City meet future demands, integrate stormwater solutions with other infrastructure projects, and maintain an efficient, high-performing Stormwater Program. Stormwater Program Funding Assessment The City of Bozeman faces increasing pressure to sustainably fund its Stormwater Program, including operational needs, capital improvements, and regulatory compliance. A recent review by the FCS Group (FCS) confirms that current revenues and rate structures may not sufficiently address projected expenditures, particularly as costs for salaries, maintenance, and debt service outpace rate growth. Potential strategies include leveraging impact fees, grants, or debt financing to supplement ratepayer funding and better aligning stormwater fees with the cost of service by revisiting rate credit policies, considering single-family tiered rates, and ensuring City-owned properties pay stormwater charges. Integrating stormwater costs into transportation projects was also identified as an equitable option to avoid subsidizing stormwater infrastructure from other funds. To address these challenges comprehensively, it is recommended that the City undertake a needs-based rate study incorporating all program elements and deferred maintenance needs, thereby guiding future rate adjustments, evaluating facility-specific funding, and ensuring Bozeman’s Stormwater Program remains financially resilient. 278 2025 Bozeman Stormwater Facilities Plan | Page xiii Priority-Based Action Plan The City of Bozeman faces numerous challenges within its Stormwater Program, including compliance with MS4 regulations, aging infrastructure, rapid growth, and the need for sustainable funding. The 2025 Plan highlights a wide range of potential improvements across various elements of the program and provides a prioritized approach for the City to address these needs effectively. 1. Resolve MS4 Compliance Violations: To meet regulatory requirements, immediate action is required to resolve violations and establish robust post-construction management policies, inspection workflows, and enforcement mechanisms. 2. Secure Sustainable Funding: Transitioning to a needs-based utility rate system is essential for supporting the program’s operations, maintenance, and capital improvements. 3. Address Deferred Maintenance: Aging infrastructure, particularly vitrified clay pipes, poses risks of failure and flooding. Accelerated replacement and proactive maintenance are critical to mitigating these threats. 4. Complete West Bozeman Planning Studies: Comprehensive studies are needed to address stormwater management in the rapidly growing western areas, including potential regional detention solutions and development coordination. 5. Develop a Culvert Maintenance and Replacement Program: Implementing a culvert maintenance program will help the City better manage these critical assets, reducing the risk of localized flooding and failures. 6. Enhance Understanding of Open Channels: A detailed assessment of open channels will identify bottlenecks, improve capacity, and enhance water conveyance to the East Gallatin River. 7. Advance Capital Improvement Projects: Continued investment in capital projects will address deferred maintenance, improve water quality, and enhance capacity to meet future needs. 8. Enhance Operations and Maintenance Practices: As funding becomes available, the City should expand staff, equipment, and maintenance programs to manage new and existing facilities effectively. 9. Improve GIS Inventory and Asset Management: Upgraded GIS systems and data management will increase operational efficiency and provide a clearer understanding of stormwater assets. 10. Address Program Administration Improvements: Minor improvements in administrative processes, such as billing and departmental coordination, can enhance program efficiency. This strategic prioritization ensures Bozeman can address immediate concerns while planning for long- term growth and resilience. By implementing these recommendations, the City can create a sustainable, well-funded Stormwater Program that meets both current regulatory requirements and future community needs. 279 2025 Bozeman Stormwater Facilities Plan | Page 1 1.0 INTRODUCTION The City of Bozeman (City) retained the consultant team of DOWL, Morrison-Maierle Inc (MMI), and FCS Group (FCS) to complete an update to the Bozeman 2008 Stormwater Facilities Plan [1], referred to herein as the 2008 Plan. The objectives of the City’s Stormwater Program are to protect public safety, improve water quality, and comply with environmental regulations. Since initiating its stormwater management program based on the recommendations of the 2008 Plan, the City has continued to expand its efforts, addressing stormwater-related challenges as they arise. Over the last decade, Bozeman has experienced unprecedented growth, resulting in a substantial expansion of its stormwater infrastructure. This rapid growth has placed increasing demands on the City stormwater staff and program. Additionally, the City faces new stormwater regulations related to its Municipal Separate Storm Sewer System (MS4) Permit issued by the Montana Department of Environmental Quality (MDEQ) [3]. With these dynamics at play, the City needs a new Stormwater Facilities Plan to identify programmatic gaps and provide recommendations to guide its Stormwater Program in the future. 2.0 PURPOSE This document provides a comprehensive overview of the City’s Stormwater Program as of 2023–2024. A summary of the City's stormwater facilities is included along with key program activities and tasks, the current levels of service provided, funding methods, and general recommendations for program improvements. The City has identified specific program elements requiring a higher level of assessment and more specific recommendations. These elements include: • Open Channel Stormwater Conveyance (Section 6.8) • Stormwater Planning Studies and Assessment of Regional Facilities (Section 8.1) • Pre-1980 Facilities Capacity Evaluation (Section 8.2) • Downtown Stormwater Infiltration Study (Section 8.3) • Post-Construction Program Review and Recommendations (Section 9.6.1) • Stormwater Program Funding Assessment (Section 11.0) • Culvert Maintenance and Replacement Program (Section 13.0) These program elements reflect areas where the City is currently facing challenges within the Stormwater Program, whether in managing assets, securing adequate funding, or the need for additional studies to understand system impacts and to identify capital improvement needs. 280 2025 Bozeman Stormwater Facilities Plan | Page 2 3.0 CITY OF BOZEMAN STORMWATER PROGRAM The City’s Stormwater Program is managed by the Stormwater Administration team, which includes five staff members: the program manager, a program specialist, two program technicians, and a project coordinator. This team is supported by operations and maintenance staff within two primary groups: the Water/Sanitary/Storm (WSS) Operation group and the Street Maintenance (SM) group. These groups include numerous employees responsible for various maintenance activities. The Stormwater Program funds two to three WSS employees, who focus their efforts on inspecting and maintaining underground facilities, and two SM employees, who are responsible for the inspection and maintenance of surface facilities. The Stormwater Administration team also collaborates with the City’s Engineering Group on an as-needed basis for engineering support. Figure 1 illustrates the organizational structure of the City of Bozeman Stormwater Program. The City’s Stormwater Program is responsible for a broad range of activities and facilities, including annual operation, inspection, and maintenance of stormwater assets, developing capital improvement plans to address deferred maintenance and other capital needs, water quality compliance in accordance with MS4 Permit requirements, general program administration, and miscellaneous other stormwater/drainage needs. The stormwater facilities currently managed by the City include: • Inlets • Manholes • Storm Drain • Underground and Surface Storage (Ponds) • Outfalls • Culverts • Curb Chases • Miscellaneous Features While many of these facilities are City-owned and located within the City’s right-of-way, other stormwater infrastructure within city limits is owned and maintained by private entities, Gallatin County, Montana State University (MSU), and the Montana Department of Transportation (MDT). This mix of ownership complicates maintenance and oversight responsibilities. Additionally, the City maintains interest in numerous facilities it does not own or manage directly. A significant portion of the current Stormwater Program effort is dedicated to complying with MDEQ MS4 Permit requirements. These requirements include conducting inspections, reviewing plans, documenting activities, and preparing annual Stormwater Management Program (SWMP) reports for MDEQ. A comprehensive understanding of the City’s stormwater infrastructure is a key requirement of the MS4 Permit. Further details on regulatory compliance and MS4 activities are provided in Section 9.0. Figure 2 illustrates the key program elements and activities of the City of Bozeman Stormwater Program. 281 Figure 1 – City of Bozeman Stormwater Program – Organization Chart 282 Figure 2 – Stormwater Program Elements and Activities 283 2025 Bozeman Stormwater Facilities Plan | Page 5 4.0 POLICY AND DESIGN CRITERIA The 2008 Plan provided a summary of stormwater policies as they existed at that time and provided recommendations for policy and design criteria improvements. The design criteria and policy-related recommendations from the 2008 Plan are generally summarized as follows: • Implement a Stormwater Utility as a funding vehicle for improvements to the City of Bozeman Stormwater Program. • Inventory City Stormwater Assets (storm drains, manholes, inlets, treatment devices, ponds, outfalls, etc.) and develop a GIS database of stormwater assets. • Provide best management practice (BMP) guidance for construction site runoff control and enforce requirements for MDEQ MS4 Permit compliance. • Develop a plan for condition assessments, periodic inspections, and maintenance priority ranking of the stormwater facilities (asset management). • Require runoff control to pre-development levels for multiple storm events rather than just for the 10-year storm. • In addition to controlling the rate of runoff through detention storage, also require the treatment of the “water quality” or “first flush” storm runoff. • Limit the use of the Rational Method and Modified Rational Method to smaller developments and utilize hydrograph routing methods for detention pond sizing for larger developments. • Require that adequate clearance is maintained above the 100-year water surface elevations to building finished floor elevations and other structures. • Require analysis of the 100-year storm in evaluating the risk of downstream flood damage due to runoff from the proposed development and in assessing flood risks to the proposed development from upstream runoff. • Encourage the use of low-impact development (LID) techniques and Best Management Practices (BMPs) for runoff source control. • Encourage the use of infiltration galleries to reduce surface runoff. • Require that historic drainage patterns not be altered through development. • Limit the depth of detention ponds for public safety. • Require that detention ponds be equipped with overflow spillways to pass excess runoff safely during extreme storms. • Limit stormwater spread widths within street sections. • Limit outfall flow velocities into natural channels and require energy dissipation where necessary to prevent erosion and channel instability. • Identify appropriate locations for regional detention facilities through storm drainage master planning to better emulate natural hydrology. 284 2025 Bozeman Stormwater Facilities Plan | Page 6 • Require that on-site stormwater facilities be constructed in accordance with the design intent and that they are operated and maintained by the landowners or property owners’ associations for long-term functionality. • Require a standardized format for storm drainage report submittals. Since the 2008 Plan was adopted, the City of Bozeman has addressed several of the policy recommendations and has made great strides in developing a functioning Stormwater Program, with an initial emphasis on compliance with the MDEQ MS4 Permit requirements and TMDL limits [4]. Some of the key recommendations from the 2008 Plan that were addressed in these formative years are summarized as follows: • Adopted Ordinance 1831 in June 2012, which created a Stormwater Utility and provided revenue collection for the operation and maintenance of the City’s stormwater system. • Adopted a new level of service and rate model in February 2015 to collect service fees based on individual property’s impact on the stormwater system • Inventoried stormwater assets and developed a GIS database of stormwater infrastructure. • Developed a Stormwater Management Plan (SWMP), a guidance document for sediment control during construction, and began performing construction site runoff control inspections. • Installed several water quality treatment devices focused on addressing the TMDL limits instituted for Bozeman Creek and Mandeville Creek and completed stormwater system upgrades to address some of the known deficiencies. • Developed a GIS-based stormwater facility inspection and maintenance system for storm drains, inlets, and manholes. • Developed a GIS system of past and planned future stormwater capital improvements. The 2025 Plan provides additional recommendations as the City of Bozeman Stormwater Program continues to develop and mature. In particular, Section 6.0 provides recommendations for expanding the operations and maintenance program to address treatment units, stormwater ponds, outfalls, storm drains, culverts, and curb chases. Section 8 provides recommendations for using infiltration galleries to improve the level of service of the downtown storm drain system by reducing surface runoff and for initiating master planning efforts to identify regional outfall conveyance ditches and potential locations for regional detention ponds. Independent of this update to the Stormwater Facilities Plan, the City also commissioned an effort in 2020 to update the City of Bozeman Design and Construction Standards. This included a complete rewrite of the stormwater design standards, which had not been updated since 1980. These new standards addressed the recommendations from the 2008 Plan and included many other updates consistent with the current state of practice. The new Design and Construction Standards were adopted in January 2025. Key updates from Chapter 6 (Storm Drainage Design) of the new Design and Construction Standards are summarized as follows: • New design storm precipitation data is provided based on an analysis of Bozeman precipitation records. 285 2025 Bozeman Stormwater Facilities Plan | Page 7 • The design storm for conveyance sizing is updated to reflect a 10-year Minor Storm, flood hazard assessment for the 100-year Major Storm is now required, and the criteria for detention pond sizing is revised to require runoff control for the full range of storm events (2-year through 100- year). • The stormwater Drainage Plan's requirements are detailed, including a standardized outline for the Stormwater Drainage report and guidance on completing a geotechnical/hydrogeologic evaluation when needed. • Criteria are provided for what is to be included with the As-Built Construction Plans submittal for storm drainage facilities, including size, type, location, and elevation data. • Criteria are provided for the design, construction, and maintenance of stormwater detention and retention ponds, including considerations for elevated water table conditions and multi-purpose use. • The criteria for selecting appropriate hydrologic methods are updated to limit the use of the Rational Method and Modified Rational Method to smaller sites; they now include the NRCS hydrograph method and the EPA SWMM runoff simulation method. • The design criteria are updated to include the requirements from the Montana Post-Construction Storm Water BMP Design Guidance Manual [5] for permanent (post-construction) water quality treatment for the water quality design storm (first 0.5 inches) and provides additional requirements for select sites such as fueling stations and similar types of facilities. • Criteria are included for developing an Operation, Inspection, and Maintenance Plan for stormwater facilities, including identifying the responsible party, the requirements for a Stormwater Facility Inspection Form specific to the proposed facilities, a financial plan and sinking fund calculations for perpetual inspection and maintenance as well as periodic replacement of the facilities, a signed Waiver of Protest to the Formation and Participation in a Special Improvement District to fund delinquent operation, inspection, and maintenance activities, and a signed Acknowledgement of Stormwater Facility Maintenance Requirements. 286 2025 Bozeman Stormwater Facilities Plan | Page 8 5.0 INVENTORY OF STORMWATER FACILITIES 5.1 Summary GIS Data Since the 2008 Plan, the City has made significant strides in inventorying and developing a GIS database of stormwater infrastructure. Most of the City's stormwater facilities have been spatially defined within a GIS database. The City's GIS department manages and maintains an Infrastructure Viewer, as shown in Figure 3, which includes stormwater infrastructure data, operations and maintenance records, record drawings, and capital improvement projects (CIP). In March 2024, DOWL collaborated with the City's GIS department to gather the available stormwater GIS data. The City provided eleven unique datasets, though not all of these are currently accessible through the Infrastructure Viewer. DOWL reviewed this data, focusing on identifying any data gaps to guide refinements for a comprehensive stormwater asset database. A summary of the asset inventory is provided in Table 1. A comprehensive summary of DOWL’s assessment of the eleven existing stormwater datasets is provided in Appendix A. Figure 3 – Example of City of Bozeman Infrastructure Viewer and Stormwater Layers 287 2025 Bozeman Stormwater Facilities Plan | Page 9 Table 1 – City of Bozeman GIS Datasets Datasets Total Number/Length of Elements Number/Length of Elements Managed by the City Culverts (Culverts_Final_Draft) 721 18.1 miles 19.3 miles[1] Detention Ponds (SWDetentionPond) 1,262 98.0 acres 15.7 acres Gravity Main (SWGravityMain) 124.0 miles 79.2 miles Inlets (SWInlets) 4,809 3,165 Manholes (SWManholes) 2,405 1,368 Outfalls (SWOutfalls) 704 550 Wells (SWWells) 16 16 Curb Chases (SWCurbChase) 237 131 Outlet Structures (SWOutletStructure)[2] 424 Unknown Treatment Units (SWTreatmentSystem) 46 29 Open Channels (BozemanHydrology_202307) 106.7 Unknown [1] The City estimates that there are 1.2 miles of culverts not shown within the GIS data [2] Outlet structures estimated based on the online Infrastructure Viewer 5.2 Missing Datasets Based on a review of the GIS data and information obtained from City Staff regarding their knowledge of the system, several facility types or GIS layers could be added for a more comprehensive representation of the stormwater system. 5.2.1 Drainage Area – Watersheds and Subbasins Understanding the contributing stormwater drainage areas to key streams and stormwater features would be helpful for the management of the stormwater system. A GIS layer that delineates watershed boundaries of major streams and drainages—such as Bozeman Creek, Mandeville Creek, East Catron Creek, and Baxter Creek—would provide an important element to a comprehensive understanding of the system. A more detailed drainage area map of contributing areas to the storm drain outfalls, major culverts, and other critical stormwater infrastructure would provide the ability to assess infrastructure sizing, prioritize importance, and define boundaries for water quality treatment priorities. 288 2025 Bozeman Stormwater Facilities Plan | Page 10 5.2.2 Underground Storage Facilities The City should consider creating a unique dataset for underground storage facilities that is distinct from detention ponds. Due to the high cost of real estate, these systems are increasingly favored over conventional surface ponds. The attributes and maintenance requirements for these facilities differ significantly from those of surface detention ponds, including the type and frequency of inspections as well as the appropriate cleaning methods and frequency. This dataset may require sub-categories due to differing maintenance requirements for various types of underground systems. 5.2.3 Stormwater/Groundwater Pumps In many communities, stormwater pumps are included in GIS data sets to identify low points that cannot drain by gravity, often requiring lift stations and pump systems. The City currently doesn’t have any stormwater pumps and only has some well pumps associated with wells along Bozeman Creek that pump groundwater for mitigating ice formation in the winter. It may be beneficial to create a unique GIS stormwater pump layer and include attributes such as the pump type, horsepower, and other key data to guide proper management and maintenance of these facilities. 5.2.4 Permeable Pavers The City has implemented some low-impact development (LID) techniques, including the use of permeable pavers. It is recommended that parking areas or street sections using this LID technique be defined as a unique GIS layer with attributes to guide proper operations and maintenance of these assets. Periodic cleaning of these facilities is critical to their sustainability. 5.2.5 MS4 Boundary A GIS layer defining the MS4 Permit boundary has not yet been developed but may become necessary in the future. Currently, the MS4 boundary corresponds to the Bozeman city limits. However, if Gallatin County is designated as an MS4 community, the boundary may extend beyond the city limits. 5.2.6 Other New Facilities Type As the City continues to expand its stormwater infrastructure to include new facility types, additional GIS data layers may be needed to manage these assets effectively. LID facilities, such as bioswales, rain gardens, and other green infrastructure, will require regular inspection and maintenance, and appropriate GIS data will be beneficial in managing these new assets. Similarly, new treatment systems like filter units may need to be incorporated, either by expanding the existing treatment unit GIS layer or by creating unique layers for these facilities. As new stormwater facilities are added, careful consideration should be given to the most effective way to manage them within the GIS framework. 5.3 Data Gaps in GIS Data Since the adoption of the 2008 Plan, the City has made significant progress in defining its stormwater infrastructure within the GIS framework. The existing datasets provide a solid foundation for understanding the system. However, gaps remain, particularly regarding stormwater facilities on the MSU campus. The culvert dataset also has gaps, and in several cases, it is unclear whether the asset exists, is 289 2025 Bozeman Stormwater Facilities Plan | Page 11 operational, or has been abandoned. Additionally, Bozeman's rapid development may have introduced new private and public infrastructure that has not yet been incorporated into the GIS datasets. Several datasets are missing key attributes that are crucial for fully defining the stormwater infrastructure. As further illustrated in Appendix A, key attribute gaps have been identified across different datasets. Filling in these missing attributes would be beneficial in assessing and managing its stormwater facilities. Many of these attributes, particularly those related to facility type, could benefit from establishing predefined domains for consistency in defining and classifying assets. For example, pre-defining the StorageType attribute choices for storage facilities as follows would result in a cleaner dataset: • Detention_Pond • Retention_Pond • Underground_Storage • Permeable_Paver • Infiltration_Gallery • Rain_Garden • Other Several datasets also contain attributes that may not contribute meaningfully to managing the stormwater infrastructure, resulting in unnecessary effort to populate them. The removal or modification of these attributes, as identified in Appendix A, should be evaluated to determine their relevance. Some of these attributes may not serve a stormwater-related function, and discussions to assess whether they should be retained or removed for data clarity and efficiency are recommended. Incorporating predefined domains for both new and existing attributes would help streamline the data collection process and ensure that only relevant and consistent information is gathered. Taking the time now to review the stormwater datasets, refine the attributes as appropriate, and establish predefined domains will provide long-term benefits by improving data accuracy, accessibility, efficiency, and utility for future stormwater management. Significant gaps exist in the culvert data for areas near East Main Street/downtown, the Montana State University campus, and the historic district of Bozeman. The GIS data does not currently include any culverts in these regions. To address this issue, a thorough review of the open channel data and aerial imagery is recommended to identify potential culvert locations. These identified locations should then be field verified to ensure the data accurately reflects existing infrastructure. 5.4 Recommendations on GIS Data Collection The City has made significant progress in its efforts to inventory and map its stormwater facilities within a GIS platform. This initiative has provided a strong foundation for managing the City's stormwater infrastructure by improving visibility and access to critical stormwater assets. However, while these initial steps have laid the groundwork, there is still room for improvement in developing a comprehensive stormwater asset management program. Additional efforts are needed to enhance data completeness, standardize attributes and domains, and implement condition assessments. These improvements will allow the City to better plan for maintenance, prioritize capital improvements, and ensure the long-term sustainability of its stormwater systems. Having a robust GIS dataset will be beneficial to the City in the future by minimizing and streamlining field data collection efforts for new infrastructure. Additional details of these recommendations are as follows: 290 2025 Bozeman Stormwater Facilities Plan | Page 12 5.4.1 Stormwater Asset Data Management Planning It is recommended that the City conduct a review of the stormwater GIS datasets to determine the relevant attributes and domains to define and manage each stormwater asset effectively. Key considerations for this review include facility type, ownership, size, purpose, maintenance requirements, condition assessments, MS4 compliance requirements, and other potential data needs. Developing standardized and relevant attributes will provide a complete and accurate representation of the infrastructure. Establishing well-thought-out domains, such as type, material, and condition, will enhance consistency and accuracy across the database. It is recommended that the City’s GIS department, Stormwater Administration, Street Maintenance, Water/Sanitary/Storm Operations, MSU, and stormwater asset management consultants collaborate to define the appropriate dataset for each stormwater facility and develop a plan to update the GIS datasets accordingly. The table in Appendix A outlines key elements of each dataset that may need to be removed, added, or fully populated and is intended to serve as a guide for this planning process. 5.4.2 Data Collection for Existing Data Gaps Given the identified gaps in the existing datasets and the need to refine various attributes and develop domains, it is recommended that the City develop a plan to begin populating the additional data. Some of these tasks can be integrated into ongoing activities such as inspections, maintenance, and compliance reviews. For instance, video inspection crews could collect depth measurements from each pipe to the manhole rim while accessing the storm drain for cleaning and video inspections. Manhole rim elevations could be derived from LiDAR data, providing reasonably accurate reference points to calculate invert elevations, which can then be incorporated into the GIS database and stormwater model. Maintenance crews should also verify facility locations in the field and document discrepancies between the GIS data and actual facility locations during ongoing work. These discrepancies can then be remedied through future refinements to the GIS datasets. In addition to leveraging City staff, the City could consider contracting this work out or hiring summer interns for several years to assist with data collection. A key step in this process will be developing a data collection resource that specifies the required attributes and domains, ensuring that data is collected consistently across different field teams. This data collection effort could be phased over several years to manage workload and cost. While most of the City’s stormwater GIS data includes necessary coordinate location information, there are areas where facility locations remain uncertain. Notably, the MSU campus has been identified as an area requiring further investigation to accurately map storm drains, inlets, culverts, and other facilities. It is recommended that the City develop a data collection plan to address this area and collaborate with MSU to gather the data. 5.4.3 Data Collection for New Stormwater Assets Given the rapid development and new construction throughout Bozeman, it is recommended that the City consider requiring new developments to submit construction plans in a format that will facilitate the population of GIS data attributes for new stormwater facilities. This could be included as a requirement of the as-built construction drawings submittal process. This would help minimize and streamline the City’s GIS data collection efforts and ensure that accurate, up-to-date stormwater data is available for planning, maintenance, and management. 291 2025 Bozeman Stormwater Facilities Plan | Page 13 5.4.4 Other Recommendations It is recommended that photographs be incorporated into the GIS database for stormwater facilities. These images serve as a valuable resource, offering visual insights into structure type, condition, and potential issues. Additionally, they document changes over time, such as vegetation growth, structural wear, erosion, and sediment accumulation. By providing a clear visual record, photographs enable field crews, planners, and maintenance teams to assess facility conditions more efficiently, reducing the need for frequent on-site visits. Additionally, it may be beneficial to include the pertinent as-built construction drawings for each project's storm drainage elements. These documents could be linked to each corresponding element in the GIS database, providing ready access during inspections and evaluations. Having these plan sheets readily available would allow staff and the public to more efficiently assess the condition of the infrastructure and provide valuable context when planning maintenance or designing related projects. 292 2025 Bozeman Stormwater Facilities Plan | Page 14 6.0 OPERATIONS AND MAINTENANCE The City’s stormwater operations and maintenance efforts are carried out through collaboration between the Stormwater Administration staff, Water/Sanitary/Storm (WSS) Operations staff, and Street Maintenance (SM) staff. Each group has distinct responsibilities: • WSS Operations staff focus on the inspection and maintenance of underground stormwater facilities. • SM staff are responsible for the inspection and maintenance of surface stormwater facilities. • Stormwater Administration staff provide support to both groups, assisting with inspections and maintenance activities related to the storm drain infrastructure. The following sections discuss the GIS tools used to manage and track stormwater infrastructure, provide an overview of the maintenance shop and equipment, and describe the City’s facilities. 6.1 CityWorks and GIS Data Since the 2008 Plan, the City has advanced its stormwater management by developing a GIS-based inspection and maintenance system for storm drains, inlets, and manholes—a key recommendation from the plan. Using CityWorks, the City efficiently tracks and manages inspection and maintenance activities, including inlet and manhole cleaning, painting and minor repairs, outfall inspections, and video inspections and cleaning of storm drain trunk lines and laterals. This system improves organization by generating work orders and displaying them on the CityWorks map, providing a clear visual representation of ongoing and completed maintenance. Once a work order is closed, the corresponding facility is updated on the map, ensuring accurate tracking of completed work. By implementing this system, the City has enhanced the efficiency and effectiveness of its stormwater maintenance efforts. The City is organized into five maintenance districts, as illustrated in Figure 4. These districts are designed to facilitate the systematic maintenance of stormwater infrastructure. The goal is to service 20% of inlets, manholes, and storm drains annually, ensuring a consistent and comprehensive five-year maintenance cycle across all districts. Maintenance activities include video inspections and cleaning of storm drains, as well as cleaning inlets and manholes. 6.2 Maintenance Shops and Equipment The City’s maintenance operations are based at the City Shops Complex, located at 814 N. Bozeman Avenue. This site serves as the central hub for WSS, SM, and Park Maintenance staff and accommodates personnel, equipment, and material storage for a variety of municipal services. Currently, the complex includes six buildings hosting roughly 40 total staff and a wide array of equipment, including mowers, trucks, dump trucks, vacuum trucks, excavators, skid steers, and other machinery critical to daily operations. 293 2025 Bozeman Stormwater Facilities Plan | Page 15 Figure 4 — City of Bozeman Maintenance Districts Although not all equipment and facilities at the City Shops complex are dedicated to the Stormwater Program, the site is nearly at full capacity. There is limited space remaining to house additional equipment or staff. This lack of space presents a challenge as the City grows and the need for maintenance expands. With increased stormwater infrastructure and rising operational demands, the need for additional staff and equipment will further strain the already limited space at the current site. To address these challenges, the City will need to consider expansion options. This may involve identifying a larger site and relocating the entire complex or establishing multiple maintenance facilities to distribute staff and equipment across Bozeman better. Proactive planning and budgeting for these needs will be essential to ensure the City can continue to meet its growing maintenance needs effectively and efficiently into the future. 6.3 Inlets Storm drain inlet maintenance is a shared responsibility between SM and WSS, with each managing specific tasks. SM oversees surface-level features such as cleaning and painting inlet grates, while WSS takes care of underground maintenance, including sump cleaning. These tasks are typically performed along with the maintenance of manholes, mains, and laterals. A two-person crew equipped with a vac truck conducts cleaning, followed by video inspections using a TV truck or push cam. Two FTEs focus their 294 2025 Bozeman Stormwater Facilities Plan | Page 16 time on stormwater maintenance and video inspections, typically allocating roughly 60% of their time to vac truck operations and 40% to video inspections. Across WSS and SM, approximately three FTEs are dedicated to fulfilling stormwater work orders. There are approximately 3,200 City and MDT inlets; the City is responsible for some MDT inlets, although the exact number is not known. Maintenance operates on a five-year cycle within each maintenance district (Figure 4), although some inlets require more frequent cleaning due to debris or ice buildup. Undersized inlets are particularly prone to plugging. Currently, about 15% (480 inlets) are cleaned annually, falling short of the 20% goal by approximately 160 inlets. Meeting the five-year cycle target will require increasing annual cleaning capacity to include these additional inlets. Figure 5 — Inlet Cleaning 6.4 Manholes WSS is responsible for manhole cleaning, while SM occasionally completes repairs to manhole castings. WSS averages two casting repairs annually. Grade adjustments or casting repairs are completed using a Mr. Manhole system mounted on a skid steer (Figure 6). City staff rate their performance in this area high, with no recommendations for improvement. There are approximately 1,400 City and MDT storm sewer manholes; the City is responsible for some MDT manholes. Manholes have not presented many issues for the City and are cleaned along with inlets, mains, and laterals. Currently, about 15% (210 manholes) are cleaned annually, falling short of the 20% goal by approximately 70 manholes. Meeting the five-year cycle target will require increasing annual cleaning capacity to include these additional manholes. 295 2025 Bozeman Stormwater Facilities Plan | Page 17 Figure 6 – Example of Mr. Manhole Grade and Casting Repair 6.5 Storm Drains The City is responsible for the video inspection, cleaning, and repair of approximately 79 miles of storm drain infrastructure, consisting of 19.2 miles of laterals and 60 miles of trunk lines. To help differentiate between the two in the GIS data, laterals are defined as storm drains with a diameter of 12 inches or less, while trunk lines are those exceeding 12 inches in diameter. This maintenance responsibility includes all City-owned storm drains and roughly half of the MDT storm drain system. 6.5.1 Cleaning and Video Inspections The City is divided into five maintenance districts. A crew of two WSS operators manages the TV inspection duties, with the goal of cleaning and video inspecting 20% of the city-owned storm drain pipe network annually. Typically, pipes are cleaned before undergoing video inspection. A push camera is used for lateral inspections of problematic pipes and project design. New infrastructure must be TV-inspected prior to City acceptance, with any necessary cleaning performed by the contractor. Once accepted, the infrastructure enters the standard 5-year City maintenance cycle. In 2019, the City set a target to clean and inspect 13.2 miles of pipe (20% of the storm drain system). Since then, the system has grown from 66 miles to 79 miles. Further, inspection and cleaning have averaged 12% (approximately 9.5 miles) of the system per year, along with approximately two additional miles of inspections for new infrastructure and non-work order tasks. This pace has extended the maintenance cycle to approximately seven years, falling short of the 5-year goal. 296 2025 Bozeman Stormwater Facilities Plan | Page 18 The initial cleaning cycle of storm drain assets is expected to streamline future cleaning and inspections, which will likely improve the rate of completion. To improve efficiency, short clay pipe laterals could be inspected using push cameras after cleaning, potentially adding an extra mile of inspections annually with support from administrative staff. Additionally, districts with a high concentration of reinforced concrete pipe (RCP) and polyvinyl chloride (PVC) storm drains may require less frequent inspections. Vitrified clay pipe (VCP) should remain on a more frequent schedule due to its higher maintenance needs. Figure 7 – Video Inspection Equipment 6.5.2 Repairs and Locates WSS staff conduct approximately five storm drain repairs annually, each requiring an estimated 40-50 hours to complete. While SM is not responsible for the actual repairs, a two-person crew is dedicated to repaving once WSS Operations has completed the repair and backfilling. Additionally, stormwater administrators dedicate about 80-100 hours annually to preparation activities for excavations and addressing bore strikes. City staff consider their performance in this area to be meeting expectations, with no significant areas of improvement currently identified. 297 2025 Bozeman Stormwater Facilities Plan | Page 19 Figure 8 – Storm Drain Repair on N. Church St. 6.6 Water Quality Treatment Units WSS is responsible for maintaining 29 stormwater quality treatment manholes, dedicating approximately 200 to 400 hours of labor annually to this task. Most of these manholes are Contech CDS units, which the City prefers because of their stable, concrete structure and user-friendly design, which makes them easier to clean and maintain. However, the City is open to other types of units, provided they can provide similar structural stability, performance, and ease of maintenance. The City effectively maintains its treatment manholes, ensuring they remain clean and functional. Each treatment manhole is cleaned at least once per year to support annual reporting requirements and maintain sediment capture efficiency. For manholes with higher sediment loads, biannual cleanings are conducted to optimize performance. The sediment depth in treatment manholes is measured to determine the total sediment removed annually, and this data is documented in the annual Stormwater Management Plan (SWMP) report, per the MS4 requirements. 298 2025 Bozeman Stormwater Facilities Plan | Page 20 ` Figure 9 – Treatment Unit Debris Inspection and Measurement 6.7 Roadside Ditches SM performs roadside ditch mowing primarily for aesthetics, fire prevention, and to maintain flow conveyance and dispersion. In 2023, crews logged 340 hours of mowing, which was tracked through CityWorks. While roadside ditches convey stormwater, they are not considered a primary stormwater facility. 6.8 Open Channel Stormwater Conveyance Although much of the City's storm drainage infrastructure discharges into open channels, maintenance of these stormwater conveyances is mainly reactive, with issues addressed only when they become significant problems. Bozeman’s stormwater open channels span 106.7 miles, including natural drainage ditches, irrigation ditches, and stormwater conveyance ditches. However, they are not part of a regular maintenance program and lack specific maintenance goals or dedicated funding for ongoing upkeep. Several challenges hinder the City’s ability to manage and maintain these facilities effectively. A significant issue is that the ownership and maintenance responsibility for these facilities is not clearly understood. This will require substantial time and effort to resolve and will involve extensive title research, legal analysis and interpretation of State statutes, and collaboration with other stakeholders to guide the City in establishing clear policies on what the City can and cannot do regarding these facilities. Another major challenge is access to the open channels. Many developments were built directly adjacent to these facilities, limiting maintenance access and complicating efforts to perform regular or emergency upkeep. 299 2025 Bozeman Stormwater Facilities Plan | Page 21 With no control over these ditches or development adjacent to these facilities, the City is at risk of losing the ability to convey stormwater from within the City effectively. To address these challenges, it is recommended that the City begin by inventorying and conducting an initial assessment of the open channel stormwater conveyances. This process would help identify the channels most critical to the City's stormwater management and determine which channels fall under the City’s responsibility. Such information would provide a clear focus for subsequent legal research and policy development efforts. 6.9 Detention Ponds Stormwater Administration staff dedicate approximately 800 hours annually to preparing for and inspecting presumed city-owned stormwater features. The City does not currently maintain privately owned stormwater facilities. Minor cleaning is conducted on approximately three City-owned stormwater ponds per year, as time permits. This maintenance typically involves sediment, debris, and vegetation removal in the immediate vicinity of the outlet pipes and structures. However, no significant cleaning efforts, large-scale sediment removal, or clearing of wetland vegetation and invasive plant species are completed. Major cleaning efforts are crucial, as accumulated sediment and vegetation overgrowth reduce the storage capacity of these ponds, impacting their long-term functionality. Some stormwater ponds also fail to perform as designed due to elevated groundwater levels, which diminish storage capacity and encourage wetland vegetation growth. These affected facilities require thorough review and potentially retrofit designs to restore their intended functionality. MDEQ has highlighted violations in the City’s MS4 Permit obligations regarding the management of these facilities and has requested a more formal inspection, maintenance, and enforcement process to manage both public and private facilities. In response, the Post-Construction Program Review and Recommendations report [2] was completed in July 2023 and offers guidance on enhancing the operations and maintenance of both City-owned and private post-construction stormwater facilities. Further details are provided in Section 9.6.1. 300 2025 Bozeman Stormwater Facilities Plan | Page 22 Figure 10 – Sediment Removal Maintenance on a Detention Pond 6.10 Underground Storage Facilities The underground storage facilities are cataloged in the City’s GIS system and are located within the detention ponds layer. No formal inspection or maintenance program currently exists for these assets. Maintenance activities are reactive, occurring only when water begins to pond in streets or other issues become visible. At that point, the facilities are inspected and cleaned as necessary. A key challenge with underground storage facilities is the lack of access portals or inspection points in some systems. This design limitation makes it difficult, and in some cases impossible, to conduct routine inspections or cleaning. Without proper access, sediment and debris can accumulate undetected, reducing storage capacity and impairing system functionality over time. Proactive inspection and maintenance of underground storage facilities could prevent costly repairs, improve system performance, and extend the lifespan of these assets. However, some of the facilities may require retrofit design to include access for proper inspection and maintenance. 6.11 Stormwater Outfalls The City inspects outfalls annually as part of the Illicit Discharge requirement of the MS4 Permit. This includes annual inspections of 10 high-priority outfalls and inspection of all lower-priority outfalls during each 5-year MS4 General Permit term. While the primary focus is on illicit discharge detection, the City 301 2025 Bozeman Stormwater Facilities Plan | Page 23 also provides a condition assessment that focuses on outlet condition and erosion. A two-person crew of Stormwater Administration staff, equipped with a laptop and pickup truck, dedicate approximately 300 hours annually to fieldwork. A single staff member provides an additional 80 hours of preparation and office support. There are approximately 700 pipe terminus features, 480 of which are classified as regulatory outfalls. While inspecting every pipe terminus is not mandatory, the City exceeds the MS4 Permit requirements by inspecting over 20% of these features annually. 6.12 Bozeman Creek Wells and Pumps The City maintains several wells along Bozeman Creek to mitigate flooding due to ice jams during winter months. Annual maintenance requirements are minimal and vary based on need. Street Maintenance oversees well operations, with pump servicing typically performed in the summer to ensure reliable performance in winter. The operations and maintenance of these wells and pumps require minimal time. 6.13 Drainage Culverts The City currently performs minimal maintenance of culverts within city limits. SM staff inspect and clean culverts with trash racks during or after storm events on an as-needed basis to prevent flooding and mitigate traffic impacts. Other culvert-related issues are addressed reactively as they arise. Due to the lack of proactive inspection, maintenance, and repair, there is a clear need for a Culvert Maintenance and Replacement Program. A framework for establishing this program is outlined in Section 13.0. 6.14 Curb Chases Curb chases are maintained reactively by SM, with cleaning performed using a vac truck or manual labor with a shovel and brooms when needed. In 2024, crews logged 260 hours of inspecting and maintaining curb chases, which may not include cleaning activities associated with ice removal. The Stormwater Administration staff cleans them on occasion, which totals roughly 20 hours per year. SM always performs ongoing maintenance, and these facilities are constantly in need of cleaning due to sediment and ice accumulation throughout the winter. To reduce future maintenance demands, it is recommended that new developments avoid the use of high-maintenance features such as curb chases and valley gutters to the extent possible. If these facilities are required, consideration should be given to providing as much slope on these facilities as possible to improve conveyance and reduce sediment and ice accumulation. This would help to reduce future maintenance requirements. 302 2025 Bozeman Stormwater Facilities Plan | Page 24 Figure 11 – Curb Chase Cleaning 6.15 Utility Locates Utility locates for City facilities are primarily contracted out, with WSS staff providing support and orchestrating after-hours emergency locates. While this work requires minimal staff time, it does require that staff be available to be present to witness cross-bores and other sensitive activities. One staff member is made available during business hours for assistance, while the on-call staff member, in coordination with WSS, is responsible for after-hours requests. The objective of this activity is to comply with State law, prevent infrastructure damage, and ensure timely service. 303 2025 Bozeman Stormwater Facilities Plan | Page 25 Figure 12 – Utility Locate on Mendenhall St 6.16 Street Sweeping Street sweeping serves a dual purpose: it improves the city's appearance by maintaining clean streets and is also one of the most cost-effective methods for enhancing water quality. By removing trash, sediment, and other contaminants, street sweeping helps prevent pollutants from entering the storm drain system. This essential function is performed by the SM team, with sweeping operations typically concentrated during spring and fall cleanup periods. Beyond the key cleanup periods, the street sweeper is utilized daily whenever weather conditions permit, with efforts focused on bike lanes throughout the summer and systematically working to cover the entire City as time allows. The City expects to receive a new street sweeper, which will bolster its capacity for these operations. Despite this, the primary limitation in expanding street-sweeping efforts is staffing. With additional personnel, the City could significantly increase the frequency and coverage of street sweeping activities, further improving both aesthetics and environmental outcomes. 304 2025 Bozeman Stormwater Facilities Plan | Page 26 https://www.elginsweeper.com/about/whats-new/6-ways-to-prepare-your-street-sweeper-for-leaf-season Figure 13 – Fall Street Sweeping 6.17 Porous Paver Cleaning Porous pavers are used to reduce surface runoff through stormwater infiltration. The City maintains porous paver systems along North 7th Avenue and at City Hall. While streets with porous pavers are swept at the same frequency as other streets, maintaining these areas requires additional effort. This includes inspections, maneuvering around features, and maintenance coordination. Maintaining and cleaning the pavers is a collaborative effort between SM, WSS, and Stormwater Administration. 6.18 Recommendations The City excels in the operation and maintenance of water quality treatment units, stormwater outfalls, and Bozeman Creek wells and pumps, exceeding expectations and ensuring the reliability and effectiveness of these critical systems. However, the City is not currently meeting the targeted 20% annual pipe inspection goal or its five-year maintenance cycle for stormwater facilities with existing operations. Inlets, manholes, and storm drains are currently inspected and cleaned on a roughly seven-year cycle. To address this shortfall, modernized equipment—specifically a replacement TV truck and a vacuum truck— has been included in the Capital Improvement Plan (CIP) for Fiscal Year 2026. Additional equipment would enhance the City’s ability to meet its operation and maintenance goals; however, the current limited storage space prevents the acquisition of more vehicles. Further, facilities such as detention ponds, culverts, and underground storage systems are not actively or systematically inspected and maintained. The current approach focuses on reactive maintenance, often triggered when problems, such as water ponding in streets, arise. It is recommended that additional staff, equipment, and maintenance facilities be considered to support expanded operations to overcome this shortfall. As an initial step, it is recommended that the City develop a Level of Service (LOS) Matrix to define activities associated with different levels of operations and maintenance service, the associated staffing and equipment needs, and the desired outcomes. This matrix of information would provide a framework for assessing needs and costs for enhancing the operations and maintenance of the City’s stormwater 305 2025 Bozeman Stormwater Facilities Plan | Page 27 system to various degrees. An example Level of Service (LOS) matrix is described below, utilizing three Levels of Service and the associated objectives: • Minimum LOS (Bronze): o Maintains the current seven-year cycle for inlets, manholes, and storm drains. o Adds basic inspection and maintenance for ponds, culverts, and underground storage facilities. o This level represents a modest improvement over the current reactive approach to some facility types while reducing risks by being somewhat more proactive. • Proactive LOS (Silver): o Increase inspection and maintenance efforts of stormwater infrastructure, including ponds, culverts, and underground storage facilities, to meet the desired five-year maintenance cycle target. o Requires additional staff, equipment, and resources to systematically address all stormwater assets. • Best Practices LOS (Gold): o Increases inspection and maintenance efforts such that maintenance of critical infrastructure can be accomplished more frequently than every 5 years. o Incorporates best practices for stormwater management, such as advanced condition assessments, preventative maintenance, and targeted rehabilitation programs. o Requires the highest investment in staff, equipment, buildings (and land) to achieve optimal long-term system performance. These examples are offered as a starting point, but the City can modify these Level of Service objectives to best fit its needs. The resulting Level of Service Matrix can then be used to assess the associated costs, including staff, equipment, land, and other resources required to meet these targets. The challenge lies in securing sustainable funding to support these variable service levels. This is typically provided through stormwater utility rates. A needs-based stormwater utility rate analysis would provide valuable insight into how the City could align its financial strategy with its operational goals for the Stormwater Program. Drainage culverts are not currently part of the systematic maintenance program, with no dedicated funding, exacerbating the challenges of aging infrastructure and deferred maintenance. To address these shortcomings, it is recommended that the City establish a Culvert Maintenance and Replacement Program. This program would define clear maintenance objectives, inspection cycles, and resource allocations for maintaining this critical stormwater facility type. Further details and recommendations for this program are provided in Section 13.0. 306 2025 Bozeman Stormwater Facilities Plan | Page 28 Due to the various complexities involved with open channel stormwater conveyances, it is recommended that the City begin initial investigations to map their locations, general sizes, capacity constraints, and contributing drainage areas of storm drain outfalls that discharge to them. This initial data collection will provide a foundation for focusing on the next steps to support informed policy discussions. 7.0 DEFERRED MAINTENANCE AND REPLACEMENT The City’s stormwater deferred maintenance is categorized by facility type. Facility quantities and ownership data are based on the most recent GIS information provided by the City in June 2024. To assess deferred maintenance, City staff completed detailed questionnaires and populated matrices with their best estimate of the current state of their stormwater facilities. The following sections summarize the findings based on this input. 7.1 Inlets There are 3,165 City and MDT inlets in the City of Bozeman. The City is responsible for cleaning, repairing, and replacing all City and some MDT inlets. The condition for these inlets was estimated by City staff and is summarized in Table 2. SM and WSS Operations share the responsibility for replacing inlets with the goal of progressively replacing the worst inlets/castings. Currently, the City replaces the worst inlets/castings at a rate of approximately two per year; however, nearly 390 inlets need full replacement as many of these inlets are undersized and are prone to plugging. It is recommended that the City consider implementing an inlet replacement program and include this in capital improvement planning with an objective of replacing these inlets over the next 10 to 20 years (20 to 40 inlets a year). Figure 14 – Undersized Inlet and Lateral on S. Willson Ave. and W. Olive St. 307 2025 Bozeman Stormwater Facilities Plan | Page 29 Table 2 — Inlet Deferred Maintenance Condition Recommended Action Percentage of Inlets Number of Inlets Comments Good Condition No Action 86.8% 2,747 Fair Condition Minor Repairs 1.0% 32 Grate Replacement Poor Condition/Undersized Full Replacement 12.2% 387 All small 12”x12” or 14”x14” grates that require replacement TOTAL 100% 3,165 Includes all City and MDT inlets 7.2 Manholes Similar to inlets, the City is responsible for the maintenance of all City and some MDT manholes. There are nearly 1,400 City and MDT manholes. The estimated conditions of these structures are summarized in Table 3. While the castings are generally in good condition, the rims and lids sometimes require replacement as the pavement around them settles. The key deferred maintenance objective is to prevent damage to castings by plows and graders. This can typically be achieved within a year with proper communication and a dedicated budget for castings and lid replacements. Structural repairs of manholes are not common, and staff can only recall having done two or three manhole structure repairs in the last 10 years. There is very little deferred maintenance associated with manholes, and the City’s current operations and maintenance seem adequate to address issues as they arise. Table 3 — Manhole Deferred Maintenance Condition Recommended Action Percentage of MH Number of MH Comments Good Condition No Action 97.0% 1,327 Fair Condition Minor Repairs 2.0% 27 Grade adjust or patch infiltration Poor Condition/Undersized Full Replacement 1.0% 14 Includes the 10 manholes with heavy lids TOTAL 100% 1,368 Includes all City and MDT manholes 7.3 Storm Drains 7.3.1 Vitrified Clay Pipe (VCP) There is an estimated 8.5 miles of VCP within the City of Bozeman, and nearly all of it is in poor condition and/or undersized. The replacement of VCP currently occurs opportunistically, often aligned with other capital improvement projects involving road reconstruction or replacement of other utilities. The City set a goal in 2015 to replace all 14 miles of clay tile trunk lines by 2030 but has fallen behind schedule. Significant progress was made until 2018 when factors such as contractor shortages, rising costs of city 308 2025 Bozeman Stormwater Facilities Plan | Page 30 street rehabilitation projects, and a lack of willing SID partners slowed progress. At the current replacement rate of 0.3 to 0.5 miles per year, meeting the 2030 target appears unlikely. To address this shortfall, the City intends to establish a revised VCP replacement goal, explore alternative rehabilitation methods such as sliplining and pipe-bursting, and integrate pipe replacement into other planned projects within the same area. Additionally, the City will adopt a more targeted approach, prioritizing pipe replacements based on criticality and likelihood of failure. These measures aim to address the most urgent needs while identifying cost-effective solutions for replacing aging infrastructure. Further details on the VCP replacement strategy are outlined in Section 8.4.3. Figure 15 — Downtown VCP Pipe Condition 7.3.2 Laterals Storm drain laterals are defined as pipes with diameters less than or equal to 12 inches. It is assumed that the City is responsible for all City storm drains and half of the MDT storm drains, equating to 19.2 miles of laterals. The condition breakdown of the laterals, which includes VCPs, is shown in Table 4. Lateral replacements are coordinated with adjacent main replacements and with some of the undersized inlet replacements. The majority of the 5.2 miles of full replacement is for the aging VCP pipe laterals. The City typically averages one lateral pipe repair each year. Table 4 — Storm Drain Laterals (D <= 12 inches) Deferred Maintenance Condition Recommended Action Percentage of Pipe Miles of Pipe Comments Good Condition No Action 72.4% 13.9 Fair Condition Minor Repairs 0.5% 0.1 On Pre-1980 Systems Poor Condition/Undersized Full Replacement 27.1% 5.2 Mostly VCP Replacement TOTAL 100% 19.2 Includes all City laterals and half of MDT laterals 309 2025 Bozeman Stormwater Facilities Plan | Page 31 Figure 16 – Undersized Storm Drain Lateral on Main and Grand 7.3.3 Trunk Lines Storm drain trunk lines are defined as pipes with diameters greater than 12 inches. It is assumed that the City is responsible for all City storm drains and half of the MDT storm drains, equating to 60.0 miles of trunk lines. The deferred maintenance for the trunk lines, which includes VCPs, is shown in Table 5. The majority of the 1.5 miles of full replacement is for the aging VCP. The City averages about two trunk line pipe repairs each year. Highly deteriorated trunk lines are typically not repaired until the entire line can be replaced. Table 5 — Storm Drain Trunk Lines (D > 12 inches) Deferred Maintenance Condition Recommended Action Percentage of Pipe Miles of Pipe Comments Good Condition No Action 90.0% 54.0 Fair Condition Minor Repairs 7.5% 4.5 Non-clay pipes with a Grade 2 or worse rating. Poor Condition/Undersized Full Replacement 2.5% 1.5 Mostly VCP Replacement TOTAL 100% 60 Includes all City trunk lines and half of MDT trunk lines 310 2025 Bozeman Stormwater Facilities Plan | Page 32 7.4 Water Quality Treatment Units The City maintains 29 of the existing water quality treatment units. The City is proactive in maintaining the existing water quality treatment units since sediment removal and associated maintenance are driven by annual MS4 reporting requirements. As such, there is no deferred maintenance associated with treatment units. The City’s goal is to keep pace with this maintenance as Bozeman continues to grow and more treatment units are added to the system. Table 6 — Treatment Units Deferred Maintenance Condition Recommended Action Percentage of MH Treatment Units Number of MH Treatment Units Comments Good Condition No Action 100.0% 29 Fair Condition Minor Repairs 0.0% 0 Poor Condition/Undersized Full Replacement 0.0% 0 TOTAL 100.0% 29 Figure 17 – Vac Truck Cleaning of a Treatment Unit 311 2025 Bozeman Stormwater Facilities Plan | Page 33 7.5 Open Channels Stormwater Conveyance There are 106.7 miles of open channel stormwater conveyances; however, no goals or funding have been established for their maintenance due to the lack of understanding of this critical component of the City storm drainage network. City staff have estimated the condition of these open drains, as summarized in Table 7. Table 7 — Open Channels Deferred Maintenance Condition Recommended Action Percentage of Open Drain Miles of Open Drain Comments Good Condition No Action 10.0% 10.7 Sediment and Debris Issues Open Drain Cleaning 55.0% 58.7 Fair Condition Minor Repairs 10.0% 10.7 Poor Condition/Undersized Full Replacement 25.0% 26.7 TOTAL 100% 106.7 Figure 18 – Vegetation Overgrowth into Open Channel Along Davis Lane 312 2025 Bozeman Stormwater Facilities Plan | Page 34 7.6 Detention Ponds The City performs limited maintenance on City-owned ponds but does not conduct major maintenance activities. Additionally, no maintenance is performed on privately owned detention ponds. As a result, the deferred maintenance associated with surface ponds is substantial. It is estimated that 57% of all detention ponds within the City require minor to major maintenance and repairs or even full retrofit design, as summarized in Table 8. Most detention ponds are privately owned. In contrast, only 5% of City- owned ponds are anticipated to be in poor condition or undersized. The Post-Construction Program Review and Recommendations report [6], completed in July 2023, provides detailed guidance on improving the operations and maintenance of both City-owned and privately managed post-construction stormwater facilities. Further insights can be found in Section 9.6.1. Table 8 — City-Owned and Private Detention Ponds Deferred Maintenance Condition Recommended Action Percentage of Ponds Acres of Ponds Comments Good Condition No Action 43.0% 39.1 Fair Condition Minor Repairs 36.0% 32.8 Poor Condition/Undersized Major Repairs / Redesign 21.0% 19.1 TOTAL 100% 91.0 Total acreage of surface features. Table 9 — Subset — City-Owned Detention Ponds Deferred Maintenance Condition Recommended Action Percentage of Ponds Acres of Ponds Comments Good Condition No Action 66.0% 10.4 Fair Condition Minor Repairs 29.0% 4.6 Poor Condition/Undersized Major Repairs / Redesign 5.0% 0.8 TOTAL 100% 15.7 313 2025 Bozeman Stormwater Facilities Plan | Page 35 Figure 19 – Wetland Overgrowth in the Laurel Glen Detention Pond 7.7 Stormwater Outfalls The City manages 550 outfalls, excluding privately owned ones, with ownership typically linked to the associated pipe or pond. Approximately 30 outfalls require replacement due to poor conditions or being undersized, and 140 need minor repairs to address issues such as erosion and scour. Improved tracking of erosion conditions and adjacent landowner information is recommended to enhance management. While current maintenance procedures will remain unchanged, in the future, work orders will be created for City-owned outfalls that need attention. Additionally, introducing a standardized notification form for private owners could encourage collaboration and accountability for privately owned outfalls in poor condition. Deferred maintenance will be addressed over time through continued operations and maintenance efforts. 314 2025 Bozeman Stormwater Facilities Plan | Page 36 Table 10 — Outfalls Deferred Maintenance Condition Recommended Action Percentage of Outfalls Number of Outfalls Comments Good Condition No Action 60.0% 330 Sediment and Debris Issues Outfall Cleaning 10.0% 55 Fair Condition Minor Repairs 25.0% 138 Poor Condition/Undersized Full Replacement 5.0% 28 TOTAL 100.0% 550 Figure 20 – Erosion at a Stormwater Outfall 7.8 Bozeman Creek Wells and Pumps Bozeman Creek wells and pumps are checked annually, and there are no deferred maintenance needs associated with these facilities. 315 2025 Bozeman Stormwater Facilities Plan | Page 37 7.9 Drainage Culverts The City oversees 19.3 miles of culverts, with condition estimates provided by staff as summarized in Table 11. Currently, there are no formal deferred maintenance efforts or dedicated funding for these facilities, as culverts were not included in the original Stormwater budget. It is recommended that the City establish a Culvert Maintenance and Replacement Program first to identify the City-owned culverts and then conduct comprehensive inspections to assess their condition and maintenance requirements. This program will help quantify deferred maintenance needs and guide prioritization of remediation efforts. It is recommended that culvert remediation be included in future capital improvement planning. Further details of the culvert condition evaluation are provided in Section 13.0. Table 11 — Culverts Deferred Maintenance Condition Recommended Action Percentage of Culvert Miles of Culvert Comments Good Condition No Action 40.0% 7.7 Sediment and Debris Issues Culvert Cleaning 40.0% 7.7 Fair Condition Minor Repairs 15.0% 2.9 Poor Condition/Undersized Full Replacement 5.0% 1.0 TOTAL 100.0% 19.3 7.10 Curb Chases There are about 130 curb chases maintained by the City, and the deferred maintenance of these facilities is summarized in Table 12. Most curb chases are in good structural condition; however, 10% are in fair or poor condition and require minor maintenance or full replacements. Table 12 — Curb Chases Deferred Maintenance Condition Recommended Action Percentage of Curb Chase Number of Curb Chase Comments Good Condition No Action 90.0% 118 Fair Condition Minor Repairs 5.0% 7 Poor Condition/Undersized Full Replacement 5.0% 7 Broken bolts, old standards TOTAL 100% 131 316 2025 Bozeman Stormwater Facilities Plan | Page 38 7.11 Recommendations Due to the City's diligent maintenance efforts, there is little to no deferred maintenance on its water quality treatment units and Bozeman Creek wells and pumps. These facilities exemplify the benefits of consistent upkeep and serve as a model for what could be achieved with more regular maintenance of the remaining stormwater infrastructure. To achieve this, it is recommended that the City develop a structured approach to addressing deferred maintenance for its stormwater facilities, including inlets, manholes, storm drains, treatment manholes, open channels, detention ponds, outfalls, culverts, and curb chases. Current deferred maintenance estimates provide a foundation, but a comprehensive review is recommended to better assess facility conditions and deficiencies. A recommended prototype for this analysis is the methodology used for surface detention ponds, as outlined in the Post-Construction Program Review and Recommendations [6]. This would involve performing inspections on a sampling across the various facility types to assess current conditions and identify specific deficiencies. The results of these inspections of the sample set could then be used to estimate repair costs for the rest of the system, providing a clearer understanding of the total cost required to bring the stormwater infrastructure to a sustainable condition. The deferred maintenance backlog can then be divided into those deficiencies that can be resolved through increased annual maintenance efforts versus those more significant deficiencies that will need to be resolved through long-term capital improvement planning and funding. Once the deferred maintenance costs are determined, it is recommended that a timeline for completing the necessary repairs be established. This could range from 5 to 20 years based on funding availability and the desired level of service for this utility. Since deferred maintenance would typically be funded through stormwater utility rates, it is recommended that this analysis be conducted in conjunction with a needs- based utility rate study. Balancing the timeline for overcoming the deferred maintenance backlog with the associated rate adjustments will be necessary for the financial viability and acceptability of the plan. Deferred maintenance programs are recommended for each of the stormwater facility types. For example, an inlet replacement program should be developed to address undersized inlets. While the City already has a historical pipe replacement program for VCP, revisions may be necessary to address funding challenges and to improve coordination with other City projects to minimize surface disturbances. For culverts and open channels, the City must first develop a better understanding of the ownership and condition of these facilities. 317 2025 Bozeman Stormwater Facilities Plan | Page 39 8.0 CAPITAL IMPROVEMENTS AND PLANNING This section outlines the capital improvement planning studies and known capital improvement projects to be addressed in the coming years. The downtown area of Bozeman was identified as a priority for resolving known stormwater issues. DOWL evaluated the pre-1980 stormwater system in downtown Bozeman to identify existing flooding issues and potential capital improvement project solutions. The evaluation also explored stormwater management strategies, including the use of infiltration galleries to address capacity concerns identified through the recently completed alleyway trunk line lining project. This section provides a summary of the recommended capital improvement planning studies as well as the already identified capital improvement projects. 8.1 Stormwater Planning Studies Stormwater planning studies play a crucial role in managing current and future stormwater infrastructure needs. These studies help identify existing stormwater challenges, plan for future development, and explore cost-effective solutions to mitigate drainage issues. They provide a comprehensive evaluation of the current stormwater system, pinpointing performance issues such as bottlenecks, drainage inefficiencies, and localized flooding concerns. These studies project future storm drainage needs by considering fully developed land use conditions, establishing special drainage criteria for specific areas, and determining needed regional and local stormwater facilities. These planning studies support Capital Improvement planning, policy recommendations, and recommendations for water quality enhancements to meet regulatory standards. The last comprehensive stormwater planning study for Bozeman was completed with the 2008 Plan. The 2025 update to this plan did not include citywide planning but instead focused on the downtown area and those stormwater facilities built prior to the 1980s. This focused study assessed the capacity of the existing systems but did not consider future, fully developed conditions of the other areas of the community. Additional stormwater planning studies will be necessary to guide stormwater management for the entire community as Bozeman continues to grow. The following sections describe specific areas and watersheds within the City of Bozeman that require stormwater planning studies. They provide a framework for comprehensively addressing the City's stormwater management needs over time. Figure 21 illustrates the boundaries for these studies. The recommended studies are presented in order of priority. All cost estimates are based on 2024 dollars and should be adjusted based on inflation if they are included in future capital improvement cost estimates. 8.1.1 West Bozeman – South Planning Study The West Bozeman – South Planning Study focuses on a rapidly developing area with complex drainage and irrigation challenges. This region includes several natural south-to-north drainages, such as Baxter Creek and Aajker Creek, as well as various irrigation ditches. The Farmers Canal intersects these drainages, with stormwater runoff in some areas flowing directly into the canal. In other locations, it is conveyed beneath the canal to downstream reaches of natural waterways. The Farmers Canal continues eastward, ultimately flowing into a storm drain through the developed part of the city. Groundwater conditions, irrigation activities, and downstream developments further complicate stormwater management in this area. 318 2025 Bozeman Stormwater Facilities Plan | Page 40 This planning study is crucial for identifying cost-effective outfall solutions that mitigate flooding risks and ensure effective stormwater management for both private developments and new City streets. The study should also evaluate the feasibility of regional detention solutions versus relying on numerous individual onsite facilities, offering the City a strategic approach to managing stormwater in this growing area. Consideration should also be given to mapping the floodplains for Baxter Creek and Aajker Creek to help define the limits of flooding and guide development to prevent flooding along these larger drainages. The study should involve modeling the south-to-north drainage system and parts of the stormwater system within the West Bozeman – North Planning Area to assess which drainages can accommodate additional runoff from future development. The estimated cost for this study in 2024 dollars is $330,000. As part of the 2025 Plan, DOWL collected flow measurements from June to November 2023 at six sites, including Aajker Creek (1 site), Baxter Creek (1 site), Farmers Canal (2 sites), and an unnamed tributary (2 sites). These measurements provide important baseline data for the analysis. Additional details on the flow measurement locations and recorded flows are provided in Appendix C. 8.1.2 Lower Bozeman Creek (Mid-town) Planning Study The Lower Bozeman Creek (Mid-town) Planning Study would expand on the pre-1980 analysis conducted for the 2025 Plan. While the original analysis focused on existing infrastructure capacity, it did not address future developments or infrastructure needs. This study area incorporates additional drainage contributions from the east, necessitating an expansion of the existing model. The study includes several waterways, such as Catron Creek, Farmers Canal, Mandeville Creek, Lower Bozeman Creek, Matthew Bird Creek, and Figgins Creek. FEMA floodplains are delineated for Bozeman Creek, Matthew Bird Creek, and Figgins Creek, and further analysis could identify potential flood mitigation projects to reduce flooding risks along these drainages. Collaboration with City planning, engineering, and stormwater administration staff will be critical to developing stormwater recommendations that ensure proper functionality under anticipated future growth conditions. This will involve identifying capacity limitations and recommending capital improvement projects to accommodate development and mitigate flooding risks. The estimated cost of this planning study, in 2024 dollars, could be as high as $450,000, depending on the required level of detail. Cost estimates should be adjusted based on inflation if they are included in future capital improvement cost estimates. Additional efforts could include identifying capacity issues and prioritizing capital improvement projects to support long-term stormwater management in the basin. 319 \\dowl.com\j\Projects\36\21888-02\60GIS\20_APRXs_MXDs\Carto\Carto.aprx BRIDGER RANGEG A L L A T IN R A N G E Upper Bozeman Creek Planning Study Hyalite Creek Watershed Planning Study East Bozeman Planning Study North Bozeman - North (North I-90) Planning StudyWest Bozeman - North Planning Study West Bozeman - South Planning Study Lower Bozeman Creek (Mid-town) Planning Study ¬«86 ¬«84 ¬«85 DURSTON RD SOURDOUGHRDJOHNSON RD COTTONWOOD RD E CAMERON BRIDGE RD M CIL H A T T A N R DHARPER PUCKETT RDS 3RD AVEGOOCH HILL RD FOWLER LNBEARCANYONRDPORTNELL RDFS980S Y P E S C A N Y O N R DAIRPORTRD H YALIT ECANYON R D KELLYCANYON RD E VALLEY CENTER RD NELSON RDS 19TH AVES A DDLE M O U NTAINRD LOVE LNN 19TH AVEFR O N T A G E R D STUCKY RD BIG GULCH DR BOZEMANTRAIL RDN 7TH AVEFS315 9SPRINGHILLRD FS6963BEARCLAWLNSTARRIDGERDFS6956BLACKWOOD RD FS979 FS 6 8 2FS 3203 191 §¨¦90 W ESTGALLATINCANALMIDDLECREEKD ITC H FA R M E R S C A N A L HY A L I T E C RE E KBRIDGERCREEKMANDEVILLECREEKBAXTERCREEKMATTHEWBIRDSPRINGSCREEKMCDONALDCR E E K AAJKER CREEKBEAR CREE K BOZEMANCREEK EAST G A L L A T I N RI VE RE AS T G A L L AT I NR I VE R¬«86 ¬«84 ¬«85 191 89 §¨¦90 B o z e m a n B e l g r a d e ³0 1 20.5 Miles Bozeman City Limits Community Planning Boundary Waterway Irrigation Ditch PLANNING STUDIES FIGURE 21 DATE: 3/5/2025PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 CITY OF BOZEMAN 320 2025 Bozeman Stormwater Facilities Plan | Page 42 8.1.3 West Bozeman – North Planning Study The West Bozeman – North Planning Study focuses on an area with a mix of developed and undeveloped land. The undeveloped lands are further west along Huffine Lane and in the northern portions of the basin. As development continues to expand in this region, understanding the drainage patterns and challenges associated with future buildout is critical to guiding sustainable development and meeting stormwater management and water quality needs. Key waterways in this area include Aajker Creek, Baxter Creek, Maynard Border Ditch, Mandeville Creek, and various unnamed drainages, all of which play a significant role in the region's drainage network. This study would build on the preliminary model developed through the West Bozeman – South Planning Study, allowing for a more focused assessment of future development impacts and stormwater infrastructure requirements. Recommendations from the South Planning Study on key drainage outfalls will provide a foundation for evaluating drainage solutions within this study area. The study will include an evaluation of existing storm drain systems to ensure they meet current design requirements and can support future growth. Similar to the South Planning Study, consideration should be given to mapping the floodplains for Baxter Creek and Aajker Creek to understand the limits of flooding and help protect development from flooding occurring along these larger drainages. The estimated cost of this planning study, in 2024 dollars, could be as high as $530,000, depending on the level of detail required. 8.1.4 North Bozeman (North of I-90) Planning Study The North Bozeman (North of I-90) Planning Study addresses an area that has experienced limited growth over the last decade. However, there is significant undeveloped land, which could create a need for a comprehensive stormwater planning study. This study would evaluate the watersheds in this area, with a specific focus on existing and future stormwater needs from I-90 to the foothills of the Bridger Mountains. Key drainages in this area include Bridger Creek, East Gallatin River, Middle Cottonwood Creek, Sypes Creek, and Churn Creek, each contributing to the area’s complex hydrology. A critical component of this study will be addressing floodplain impacts, particularly along the East Gallatin River and Bridger Creek, which have detailed FEMA-designated floodplains. The study would evaluate flood mitigation efforts to minimize risks to existing developments and identify opportunities to improve resiliency against potential flooding. The study would also guide stormwater infrastructure needs to support future development while balancing water quality requirements and environmental considerations. Given the diverse challenges in this area, this planning study is estimated to cost up to $470,000, depending on the level of detail required. The study will offer essential recommendations for managing stormwater and mitigating flood risks, ensuring sustainable growth in this part of Bozeman. 8.1.5 Hyalite Creek Watershed Planning Study As the City continues to expand westward, a comprehensive stormwater planning study for the Hyalite Creek Watershed will be needed. This study would extend west of the existing West Bozeman planning areas, reaching from the foothills to the south, potentially up to I-90 or the confluence with the East Gallatin River. The study aims to address stormwater management needs and evaluate the impacts of future development within this area. 321 2025 Bozeman Stormwater Facilities Plan | Page 43 A key focus of this study will be mapping the floodplain of Hyalite Creek to better understand the extent of flooding and identify areas at risk. This information will be instrumental in guiding development to reduce flood risks along this drainage. Given the scale and complexity of this watershed, the planning study is estimated to cost up to $150,000, depending on the level of detail desired. This study will offer essential guidance for managing stormwater, mitigating flood impacts, and planning for future development in the Hyalite Creek Watershed. 8.1.6 Upper Bozeman Creek Planning Study The Upper Bozeman Creek Planning Study is a lower-priority stormwater study, with most of the study area located outside of the city limits. However, this study may become necessary as the City expands southward along the Bozeman Creek drainage. Currently, this area consists primarily of sporadic low- density housing, but future development may extend to the foothills of the watershed, necessitating proactive planning for stormwater management. This study will encompass the entire watershed, including Upper Bozeman Creek, Leverich Creek, Limestone Creek, and Nicholas Creek, with a primary focus on planning for future development rather than evaluating existing stormwater facilities. Several of these drainages have FEMA-delineated floodplain boundaries that are currently used to guide development and minimize flood risks. The study will assess the need for new stormwater infrastructure to support anticipated growth and ensure effective drainage while minimizing flooding risks. With the potential for significant development in this area over time, this planning study is estimated to cost up to $330,000, depending on the level of detail desired. While not an immediate priority, this study will provide valuable insights and recommendations for managing stormwater in the Upper Bozeman Creek watershed as development pressures increase. 8.1.7 East Bozeman Planning Study The East Bozeman Planning Study is also a lower-priority stormwater study, with most of the study area located outside of current city limits. However, it may become necessary as the City begins extending water and sanitary services to the east. Proactive planning in this area will be valuable for guiding development with responsible stormwater management practices and utilizing the various drainages. This study will focus on the stormwater needs associated with future development, incorporating existing drainages such as Cannon Creek, Bear Creek, and various unnamed tributaries. By assessing these waterways and the broader drainage network, the study can provide recommendations for stormwater infrastructure to support development while mitigating flooding risks. This planning study is estimated at up to $290,000, depending on the desired level of detail. While not an immediate priority, this study will offer critical insights for managing stormwater as East Bozeman becomes more developed. 322 2025 Bozeman Stormwater Facilities Plan | Page 44 8.2 Pre-1980 Capacity Evaluation As part of the 2025 Plan update, the capital improvement needs for the pre-1980 stormwater facilities were assessed. This effort included collecting and evaluating data on existing stormwater infrastructure, developing a planning-level stormwater model for this area, and identifying capacity constraints. A planning-level Autodesk Storm and Sanitary (SSA) model was created to assess the performance of the pre-1980 stormwater facilities, which are primarily located within Basin #1. However, some facilities extend into Basins #4 and #5. The area defined by these basins was evaluated holistically, as runoff from Basin #5 flows into Basin #1 and subsequently into Basin #4. These three basins were modeled to reflect future build-out conditions, allowing for an evaluation of the performance of pre-1980 stormwater facilities with full development, as shown in Figure 22. The yellow boundary outlines the study area for a detailed analysis of the downtown Bozeman stormwater system and infiltration galleries, as discussed in Section 8.3. DOWL identified three locations within the study area where significant surface flooding and an undersized storm drain were identified using the planning-level model. These locations all feature undersized VCPs that surcharge for an extended period of time during the 2-year, 24-hour storm event. New developments within the City are required to install infrastructure designed to detain or retain the 10-year 2-hour storm and convey the 25-year storm, as calculated using the Rational Method [7]. However, most of the stormwater facilities within the study can’t convey the 10-year event, with portions surcharging at the 2-year event. The 2-year, 24-hour synthetic storm event was used to identify capacity constraints within the stormwater system, and the proposed system was designed to convey this event without surcharging. Designing the proposed system to convey the 10-year event would require upsizing most of the existing storm drain system throughout the pre-1980 boundary and will likely result in significant downstream flooding that would be worse than current conditions. Three actual storms, derived from the Montana State University (MSU) Optical Remote Sensor Laboratory (ORSL) precipitation data, were chosen as check storms to verify the existing conditions model and proposed design. The Capital Improvement Needs for Pre-1980 Stormwater Facilities report in Appendix B provides additional detail on this work. The following sections describe the identified capital improvement projects. 323 \\dowl.com\j\Projects\36\21888-02\60GIS\20_APRXs_MXDs\Carto\Carto.aprx Downtown Stormwater Basin Hydraulic Analysis (2021) Project Extents ¬«86 STORY MILL RDBAXTER LN W OAK ST DURSTON RD W GARFIELD ST COTTONWOODRDGOLDENSTEIN LN MCI LHATTANR D S 3RD AVEW BABCOCK ST BOYLAN RD SCHURCHAVEW KOCH ST SWILLSONAVEW KAGY BLVDDAVIS LNGRAFSTSGRANDAVEW COLLEGE ST PATTERSON RD S 19TH AVEFOWLER LNN 19TH AVEFR O N T A G E R D STUCKY RD HIGHLANDBLVDFALLONST N 7TH AVEE KAGY BLVDN15THAVE ABIGAIL RANCH RD NASH RDMANLEY RDV A L L E Y R ID G E R D E V A L L E Y C E N T E R R D 191 §¨¦90 1 5 4 EASTGALLATIN RI V E RBOZEMANCR EE K ³0 0.5 10.25 Miles Waterway Bozeman City Limits Basin 5: 3.28 Square Miles Basin 1: 3.57 Square Miles Basin 4: 3.76 Square Miles PRE-1980 CAPACITY EVALUATION PROJECT EXTENTS FIGURE 22 DATE: 11/11/2024PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 CITY OF BOZEMAN 324 2025 Bozeman Stormwater Facilities Plan | Page 46 8.2.1 S. 8th and S. 9th Avenues Improvements The S. 8th Ave. and W. Main St. storm drains are primarily VCP 10 inches or smaller, as shown in Figure 23. The system connects to a 24 to 30-inch RCP trunk line that extends north for 1,500 feet before discharging into an open ditch drain north of W Villard St, as shown in Figure 24. Under existing conditions, the storm drains south of W. Olive St. and along W. Main St. exhibit significant flooding at the 2-year event. Based on the surface flooding model, this is an area of concern as water can pond up to 3 feet deep in areas along the storm drain system. City staff confirmed that this is a problem area and that the lid of MH-3 floats during larger storm events. DOWL evaluated the impacts of upsizing the current VCP lines for the entire system. Increasing the size of the upstream pipes resulted in higher flow rates through the downstream system. To accommodate the higher flows, the pipe between MH-3 and MH-4 was increased from 15 inches to 30 inches, resulting in MH-4 surcharging. To eliminate the surcharging at MH-4, the entire downstream system was increased to 36-inch RCP, as shown in Figure 24. In total, 6,620 feet of storm drain would be replaced. Under the proposed conditions, the system no longer surcharges during the 2-year, 24-hour synthetic storm event or any of the three actual storms used for verification. Recommended capital improvement projects do not consider improvements to the trunk line to the west since the planning-level model did not show this storm drain system surcharging for a significant period of time, and the City indicated that this was not an area of concern. Additional evaluation is required during final design to determine the downstream impacts of increasing the flow to the open ditch outfall. This project requires replacing 6,620 feet of storm drain and 21 manholes. The estimated cost in 2024 dollars, including design and construction administration, is $7.3 million. This cost should be adjusted to account for inflation if used for capital improvement cost estimates in the future. 8.2.2 S. Wallace Avenue Improvements The existing storm drain down S. Wallace Ave. is 10-inch VCPs that discharge into an 18-inch PVC pipe, as shown in Figure 25. During the 2-year storm event, the storm drains from E. Babcock St. to E. Mendenhall St. surcharge out the manholes. The water flows north along the S. Wallace Ave. curb and gutter until it is intercepted via inlets. This location is outside of the study area of the surface flooding model; however, City staff confirmed that inlets and laterals surcharge in this area during significant storm events. The four upstream VCP storm drains along S. Wallace Ave. were upsized to 12-inch and 15-inch diameters in the SSA hydraulics model, effectively eliminating surcharging at all three manholes. To manage the increased flow, the two pipe segments downstream of MH-3 would need to be upsized to 24-inch diameter. The remaining sections of the downstream storm drain system have sufficient capacity to accommodate the additional runoff intercepted. With these improvements, the system would no longer surcharge and overflow during the 2-year, 24-hour synthetic storm event nor the 2-year ORSL check storms. Further evaluation is required during final design to determine if there are impacts on Bozeman Creek. This project requires replacing 1,990 feet of storm drain and seven manholes. The estimated cost, including design and construction administration, is $2.1 million. This cost is in 2024 dollars and should be adjusted to account for inflation if used for capital improvement cost estimates in the future. 325 N10thAveN11thAveS11thAveS13thAveS10thAveW Curtiss StS12thAveWMainSt MandevilleCreekWKochSt S13thAveW Story St W Dickerson St S11thAveS11thAveS10thAveW Alderson St Wally Byam Park 5 6 8 19 7 N8thAveW Mendenhall StN9thAve S5thAveS7thAveS8thAveW Lamme St N5thAveS9thAveW Olive St W Babcock St S3rdAveS6thAveS4thAveN7thAveW Main St Bozeman School District Property Bozema n W Dickerson St W Story St S3rdAveW Koch St S8thAveS9thAveS7thAveS6thAveS 5th Ave W College St W Alderson St W Harrison St Southside Park 9 22 Atkinson Quadrangle Cooper Park Esri Community Maps Contributors, Montana State University, Bozeman GIS, Montana State Library, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Source: Esri, Maxar, Earthstar Geographics, IGN, and the GIS User Community³0 200 400100 Feet Existing Pipe Proposed Pipe Stormwater Manhole S. 8th AVENUE IMPROVEMENTS FIGURE 23 DATE: 9/18/2024PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 CITY OF BOZEMAN Manhole RimElevation ExistingHGL ProposedHGL MH-1 4,826.41 4,820.60 4,821.08 MH-2 4,819.23 4,816.16 4,816.07 MH-3 4,813.97 4,815.72 4,810.23 MH-4 4,810.90 4,811.28 4,807.99 Note: Manholes are surcharging with highlighted HGLs LABEL KEY TEXT TEXT = PROPOSED DIAMETER = EXISTING DIAMETER 10-in12-in 30-in 10-in10-in10-in10-in24-in24-in 10-in 10-in 15-in 15-in 24-in24-in18-in18-in15-in15-in15-in8-in8-in 12-in 12-in 15-in MANDEVILLE CREEK10-in 15-in MH-3 MH-2 MH-1 Manhole # Rim Elevation Existing HGL Proposed HGL27-in36-in36-in15-inMH-4 326 N10thAveN11thAveN10thAveN11thAveW Villard St BozemanHigh School& Bridger AlternativeHigh School S11thAveW Olive St WBabcock St W Babcock St S12thAveW Main St N6thAveN9thAveW Short St W Beall St N8thAveW Mendenhall StN9thAveWVillardSt W Lamme St N7thAveN7thAveMidtown S7thAveS8thAveS9thAveW Babcock St W Olive St S6thAveBozem an Esri Community Maps Contributors, Montana State University, Bozeman GIS, Montana State Library, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Source: Esri, Maxar, Earthstar Geographics, IGN, and the GIS User Community³0 200 400100 Feet Existing Pipe Proposed Pipe Stormwater Manhole N. 9TH AVENUE IMPROVEMENTS FIGURE 24 DATE: 11/11/2024PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 CITY OF BOZEMAN Note: Manholes are surcharging with highlighted HGLs Manhole RimElevation ExistingHGL ProposedHGL MH-5 4,801.37 4,802.49 4,797.05 MH-6 4,796.42 4,801.28 4,793.11 MH-7 4,795.45 4,800.95 4,790.17 Manhole # Rim Elevation Existing HGL Proposed HGL LABEL KEY TEXT TEXT = PROPOSED DIAMETER = EXISTING DIAMETER 24-in15-in 36-in 27-in27-in15-in30-in 30-in24-in 10-in12-in 15-in 15-in15-in15-in36-in36-in36-in36-in24-in15-in 30-inMANDEVILLE CREEK15-in 15-in MH-6 MH-7 MH-5 15-in 24-in10-in 8-in 12-in 15-in 10-in 327 PerkinsPlE Fridley St PerkinsPlE Mendenhall StNChurchAve NWallaceAveE Davis St NMontanaAveE Main St City Hall Fire Station #1 Creekside Park Hawthorne Elementary School SWallaceAveSChurchAveE Olive St E Olive StSRouseAve E Curtiss St E Babcock St LindleyPlSoroptomist Park Bogert Park NBroadwayAveE Fridley St EFridleySt BurlingtonNorthernRailroadV illa ge D o w nto w n B lv d NBroadwayAveE Lamme St E Davis St EDavisSt NPlumAveE Mendenhall St E Main St CypressAveE Olive St E Main St Bozeman Public Library Lindley Park Lindley Park Esri Community Maps Contributors, Montana State University, Bozeman GIS, Montana State Library, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Source: Esri, Maxar, Earthstar Geographics, IGN, and the GIS User Community³0 250 500125 Feet Existing Pipe Proposed Pipe Stormwater Manhole S. WALLACE AVENUE IMPROVEMENTS FIGURE 25 DATE: 9/18/2024PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 CITY OF BOZEMAN Manhole RimElevation ExistingHGL ProposedHGL MH-1 4,809.49 4,810.78 4,807.90 MH-2 4,804.89 4,805.65 4,799.63 MH-3 4,799.13 4,793.98 4,794.45 MH-4 4,794.08 4,789.80 4,789.77 Manhole # Rim Elevation Existing HGL Proposed HGL Note: Manholes are surcharging with highlighted HGLs LABEL KEY STORY DITCHBOZEMAN CREEKTEXT TEXT = PROPOSED DIAMETER = EXISTING DIAMETER 18-in10-in15-in10-in10-in12-in12-inMH-1 MH-2 MH-3 CONNECT TO24" STORMDRAIN MH-4 18-in24-in24-in328 2025 Bozeman Stormwater Facilities Plan | Page 50 8.2.3 W. Arthur Street Improvements The W. Arthur St. storm drain system collects runoff from W. Lincoln St. north to W. Cleveland St., in addition to portions of the Montana State University (MSU) campus. It consists of approximately 12,000 feet of storm drain that discharge into Matthew Bird Creek via an 18-inch RCP, Figure 26. The storm drain is a combination of VCP and RCP, and most of it is undersized. During the 2-year storm event, numerous manholes surcharge and overflow. Based on the 2018 LiDAR data and the model of surface flooding areas, water generally flows northeast through this area with ponding up to 3 feet deep in several locations. City staff confirmed that this area has experienced significant flooding during large storm events. Proposed improvements in this location involve upsizing the entire storm drain system, as shown in Figure 26. Laterals would be upsized from 10 inches to 15 inches, and the trunk line along W. Arthur St. would be upsized to 36 or 42-inch RCP. Increasing the pipe sizes would eliminate surcharging in the system during the 2-year, 24-hour synthetic storm event and the ORSL check storms. A detailed study is needed during the final design phase to evaluate potential downstream flooding impacts from additional discharge into Matthew Bird Creek and to assess the existing storm drain infrastructure, including uncertainties about flow direction along S. 3rd Ave. Redevelopment on the MSU campus may alleviate some hydraulic load by contributing runoff at pre-disturbance rates, presenting an opportunity for the City and MSU to collaborate on low-impact development (LID) facilities. Additionally, the outlet pipe discharging into Matthew Bird Creek, which passes through a potentially encroached 20- foot easement, may require alternative solutions such as infiltration galleries or an additional outfall to manage stormwater and reduce trunk line size. This project would replace 11,500 feet of storm drain and 35 manholes. The estimated cost, including design and construction administration, is $11.3 million. This cost is in 2024 dollars and should be adjusted to account for inflation if used for capital improvement cost estimates in the future. 329 SGrandAveSWillsonAveS7thAveS 5th Ave W College St W Harrison St W Cleveland St W Arthur St 22 Atkinson Quadrangle W Kagy Blvd W Kagy Blvd W Garfield St SGrandAveS3rdAveS6thAveS7thAveGreekWaySWillsonAveS5thAveW Hayes St S4thAveGallagator Linear Park 16 Waite Gate 11 13 Forestry Lot Faculty Court 12 Plew Lot Streamline Bus Norm Asbjornson Hall Museum of the Rockies Lot STracyAveGallagator Linear 1 Park HoffmanDr E Lincoln StSBozemanAve E Mason StSBlackAve E Kagy Blvd Christie Fields Langohr Gardens Gallagator Linear Park Langohr Gardens Park Esri Community Maps Contributors, Montana State University, Bozeman GIS, Montana State Library, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Source: Esri, Maxar, Earthstar Geographics, IGN, and the GIS User Community³0 200 400100 Feet Existing Pipe Proposed Pipe Stormwater Manhole W. ARTHUR STREET IMPROVEMENTS FIGURE 26 DATE: 11/8/2024PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 CITY OF BOZEMAN LABEL KEY TEXT TEXT = PROPOSED DIAMETER = EXISTING DIAMETER 10-in18-in 10-in10-in10-in10-in10-in10-inMATHEW BIRD CREEK24-in 15-in 18-in 12-in 10-in10-in10-in10-in10-in10-in10-in10-in10-in10-in10-in 10-in 10-in 10-in 10-in 10-in 12-in 12-in12-in18-in 18-in 18-in 18-in18-in 18-in 10-in 18-in18-in18-in18-in15-in 15-in 15-in15-in15-in15-in15-in15-in15-in15-in15-in15-in 18-in24-in 24-in 24-in24-in12-in24-in24-in12-in 12-in42-in 42-in 42-in36-in30-in42-inMH-1 MH-2 MH-3 MH-4 MH-5 MH-7 OUTFALL INTOMATHEW BIRDCREEK MH-6 Manhole RimElevation ExistingHGL ProposedHGL MH-1 4,916.14 4,918.82 4,914.70 MH-2 4,909.28 4,910.36 4,907.02 MH-3 4,901.03 4,901.57 4,899.82 MH-4 4,891.50 4,886.14 4,879.34 MH-5 4,882.67 4,883.84 4,877.34 MH-6 4,877.91 4,880.20 4,875.69 MH-7 4,873.51 4,869.03 4,869.54 Manhole # Rim Elevation Existing HGL Proposed HGL Note: Manholes are surcharging with highlighted HGLs 330 2025 Bozeman Stormwater Facilities Plan | Page 52 8.3 Downtown Storm Drainage Improvements Studies 8.3.1 Downtown Storm Drainage Hydraulic Analysis (2021) The Downtown Storm Drainage Improvements study builds upon the 2020 downtown stormwater analysis and model developed by DOWL. In 2020, an SSA model was created to identify capacity constraints in Bozeman's downtown storm drainage system, Figure 22. The model revealed significant issues, including surcharging and surface ponding at several manholes and overloading of the trunk main in the alley between Main Street and Mendenhall Street during a 2-year storm event. Several alternatives for addressing these deficiencies were evaluated using the SSA model. Solutions evaluated included CIPP lining of the trunk main to increase capacity, upsizing lateral pipes, installing infiltration galleries to reduce stormwater runoff, and constructing a bypass storm drain system to offload a portion of the stormwater flows collected. The results of these evaluations indicated that a combination of infiltration galleries, a storm drain bypass system, and future upsizing of lateral pipes, along with CIPP lining of the alleyway trunk main, is the preferred solution. 8.3.2 Downtown Stormwater Study (2024) The downtown stormwater study detailed below expands on the study completed in 2021. The SSA model and analysis completed in 2021 were used as the basis for a more detailed analysis of the infiltration galleries and bypass system to reduce hydraulic loading on the alleyway trunk line. 8.3.2.1 Infiltration Gallery Conceptual Design The conceptual design of the typical infiltration gallery, developed in 2021, was refined through a review of soil data, infiltration rates, and a more accurate representation of soil profiles and permeable gravel layers. The study also aimed to optimize the design by comparing the performance of alternative system designs. It was determined that an underground infiltration gallery connected directly to the storm drain system is significantly more effective at infiltrating accumulated stormwater runoff compared to a rain garden, Figure 27, which is limited to capturing stormwater runoff from streets at specific locations. The size, depth, and storage pipe diameter were also refined from the conceptual infiltration gallery design through site-specific evaluations at potential locations. These evaluations considered factors such as the presence of underground utilities, property boundaries, and obstructions like trees and utility poles. Representative dimensions and design parameters were determined through this analysis and are summarized in Table 13. 331 2025 Bozeman Stormwater Facilities Plan | Page 53 Figure 27 – City of Bozeman Rain Garden / Infiltration Boulevard Table 13 — Infiltration Gallery Calculations Type Storage Pipe Diameter (ft) Length (ft) Width (ft) Depth (ft) Infiltration Rate (in/hr) Constant Infiltration Rate (cfs) Underground Gallery 4 150 12 12 30 1.25 8.3.2.2 Design Alternatives Future upgrades to downtown stormwater infrastructure assume the replacement of small VCP laterals and trunk lines with larger pipes (15 inches or greater). This, however, increases hydraulic loading on the alleyway storm drain trunk line, causing surcharging during 2-year storm events. Three design alternatives were developed to address this issue: 1. Alternative 1: Install four underground infiltration galleries connected directly to the storm drain system to reduce flows and provide water quality treatment. This option requires fewer galleries 332 2025 Bozeman Stormwater Facilities Plan | Page 54 compared to rain gardens and captures larger runoff volumes. The estimated cost for this alternative is $2.1 million. 2. Alternative 2: Construct a new 24 to 30-inch bypass storm drain along Olive St. and S. Bozeman Ave. to reroute storm drainage to Bozeman Creek and alleviate capacity issues in the alleyway trunk line. This option does not provide water quality benefits. The estimated cost for this alternative is $2.9 million. 3. Alternative 3: Combine an 18 to 24-inch bypass system with three underground infiltration galleries. This hybrid approach mitigates surcharging while offering water quality treatment. The estimated cost is $4.3 million. 8.3.2.3 Recommendation Alternative 3 is not a viable option as there is still a significant cost to install the bypass system, which is not offset by eliminating just one infiltration gallery. Alternative 1 is the recommended project for improving drainage in the downtown area, including unloading the alleyway trunk line. This alternative is the least costly and provides additional water quality benefits. It is recommended that initial field investigations be completed for this project before advancing to final design. This would include utility locates and subsurface geotechnical investigation at the 10 potential infiltration sites identified to verify that four acceptable sites are available. For budgeting purposes, it is recommended that the project be budgeted based on the storm drain bypass system alternative (Alternative 2) in case four viable sites cannot be identified. 8.4 Other Capital Improvement Projects 8.4.1 Projects from the 2008 Plan The 2008 Plan identified several studies and CIP projects aimed at addressing persistent flooding and maintenance challenges within the City's stormwater system. Some of these recommended studies or projects were not completed due to financial constraints and competing priorities. DOWL coordinated with City staff and reviewed these 2008 recommendations to identify the studies and projects that remain priorities. Table 14 summarizes the two unaddressed projects, including the updated 2024 cost estimates. 333 2025 Bozeman Stormwater Facilities Plan | Page 55 Table 14 – CIP Projects Not Completed from the 2008 Plan Project Number Project Name Summary of Project Budget Level Cost Estimate 1 Farmers Canal Downstream Capacity Study Farmers Canal has insufficient capacity, particularly through developed areas of the City of Bozeman. This study is to assess potential solutions to understand ways to unload this downstream system and could be combined with the West Bozeman – South Planning Study. $150,000 2 Valley Unit Park Homes along Meagher Ave. south of Durston Rd. and east of the park have experienced basement flooding due to the adjacent detention pond. This project would redesign the pond outlet structure and emergency spillway to reduce flooding risks. $120,000 8.4.2 2024 City of Bozeman Stormwater CIP Projects The City’s Stormwater Capital Improvement Plan provides a 5-year plan for addressing anticipated stormwater needs. Each year, the city prepares this plan to prioritize and allocate resources for critical stormwater improvements. The CIP includes a diverse range of capital improvement needs, such as the acquisition of operational equipment like inspection vans, vacuum and jetting trucks, and street sweepers, as well as essential studies, including a rate study and system evaluations. In addition, the plan includes the design and construction of key stormwater infrastructure projects aimed at reducing flooding, improving system efficiency, and maintaining compliance with the City’s MS4 stormwater permit with Montana DEQ. Table 15 lists the CIP projects from the City’s FY25-FY29 [8]and proposed FY26-FY30 [9] Capital Improvement Plans. This does not include the studies, equipment needs, and capital improvement projects identified through the 2025 Plan. Table 15 – 2024 City of Bozeman Stormwater CIP Projects Project Number Project Name Fiscal Year Budget Level Cost Estimate 1 Mechanical Stormwater Treatment – Phase 3 2026-2028 $580,000 2 Historic Pipe Replacement Program 2026-2030 $2,034,700 3 N. 9th Ditch Rehabilitation 2029 $450,000 4 Manley Ditch Rehabilitation 2025 $520,000 Mechanical Stormwater Treatment Phase 3 The Mechanical Stormwater Treatment Phase 3 projects for Tamarack and Peach Streets aim to enhance stormwater quality for Bozeman Creek by installing mechanical separator units in the existing stormwater mains. These units will target pollutants such as sediments, oils, and greases, removing them before discharge. The Tamarack project will serve a 75-acre basin, while the Peach project will serve a 49-acre basin, both of which were developed prior to modern stormwater standards. Initially planned as a single 334 2025 Bozeman Stormwater Facilities Plan | Page 56 project, the two were split due to high costs and logistical challenges. The cost for Tamarack has increased to $300,000 (scheduled for FY28), and for Peach, it has risen to $280,000 (scheduled for FY26), primarily due to inflation and the need for larger 8-foot units. Historic Pipe Replacement Program The Historic Pipe Replacement Program addresses the annual rehabilitation of approximately 700 feet of 100-year-old VCP that has exceeded its lifecycle, fails to meet capacity standards, and suffers from structural issues. Scheduled construction occurs every other year, with design efforts in the intervening years. The program allocates $110,000 to $156,000 per design phase and $535,400 to $675,500 per construction phase. Funded by rate revenue with a total cost estimated for the next 5 years of $2,034,700, the program mitigates risks of pipe collapse, flooding, and inefficient, piecemeal replacements. Complementing this effort is the Annual Unplanned Pipe Rehabilitation program, which provides funding for the design and construction of unplanned pipe, drainage, and treatment projects to address failed infrastructure. With a total cost of $270,900 for the next 5 years, this program provides rapid response to unforeseen infrastructure issues, allocating $54,100 to $76,900 annually for both design and construction. Together, these programs balance planned and reactive maintenance to sustain a robust and reliable stormwater system. DOWL completed a review of the Historic Pipe Replacement Program and assessed potential changes due to the Capital Improvements Project recommended from the pre-1980 capacity evaluation. Further details are provided in Section 8.4.3. N. 9th Ditch Rehabilitation The N 9th Ditch Rehabilitation project focuses on the design and rehabilitation of 900 feet of stormwater open channel conveyance near N. 9th Ave., extending from W. Villard St. to W. Peach St. The ditch serves a 142-acre urban drainage basin, with a vegetated swale that has degraded over time due to sediment deposition, overgrown vegetation, and bank erosion. The project is currently scheduled for FY29 and will cost $450,000. Manley Ditch Rehabilitation The Manley Ditch Rehabilitation project involves the design and rehabilitation of 1,500 feet of ditch located east of Manley Road, serving a 58-acre urban drainage basin. The ditch, which includes a vegetated swale, has experienced significant degradation, resulting in a nonfunctional conveyance system and an obstructed railroad-owned culvert crossing. The design is complete, and the project is bidding in January 2025 with an estimated project cost of $520,000, which covers construction and construction inspection costs. 8.4.3 Assessment of the City’s Historical Pipe Replacement Program The City has approximately 8.5 miles of VCP, most of which are undersized or in poor condition. Capital improvement projects identified through the 2025 Plan include replacing 2.3 miles through projects on S. 8th and S. 9th Avenues, S. Wallace Avenue, and W. Arthur Street, leaving 6.2 miles to be addressed via the Historic Pipe Replacement Program. 335 2025 Bozeman Stormwater Facilities Plan | Page 57 Despite the 2015 goal to replace 8,900 feet of VCP per year, progress has been slow due to contractor availability, rising project costs, and limited SID partner support. According to the City’s Capital Improvement Plan, 700 feet of VCP are scheduled for replacement every two years through the Historic Pipe Replacement Program, alternating between a year of planning and a year of construction. At this pace, it would take over 90 years to replace the remaining 6.2 miles, likely resulting in frequent pipe failures and associated flooding issues during this timeframe. To address this shortfall, it is recommended that the remaining VCP storm drains be replaced within 15 to 20 years. Achieving this timeline would require replacing 3,200 to 4,400 feet of pipe every two years or 1,600 to 2,200 feet annually. Priority should be given to the pipes in the worst condition and those located in areas with the highest risk of flooding. Sliplining and pipe-bursting should be considered as a cost- effective alternative where feasible. To implement this strategy, a more comprehensive review of the VCP condition is necessary. This review should include video inspections to assess and prioritize pipe replacements based on their condition and criticality. Refined cost estimates are also needed for accurate budget forecasting. Based on the FY26-30 Capital Improvement Plan, VCP replacement would average approximately $1,120/ft or an estimated $37.0 million to replace the remaining 6.2 miles. More cost-effective solutions are likely possible with advanced planning and coordination with other utility or street reconstruction projects. Developing a more strategic plan based on planning studies will enable the City to address this deferred maintenance and replacement need effectively and minimize future pipe failures. 8.5 Water Quality Capital Projects The City has included a CIP project referred to as Mechanical Stormwater Treatment Phase 4, scheduled for 2025 and 2026, with an estimated cost of $550,000. This project involves the installation of two stormwater treatment units near the intersections of N. Rouse Ave. / E. Peach St. and N. Rouse Ave. / E. Tamarack St. The project is intended to reduce the Total Suspended Solids (TSS) loading to Bozeman Creek, addressing key requirements of the Bozeman Creek Total Maximum Daily Load (TMDL) Action Plan [4]. Several alternatives were considered, but no other treatment approach was found to offer comparable ease of maintenance, construction footprint, or pollutant removal efficiency. The approved stormwater treatment units are expected to remove approximately 11 tons of pollutants annually from the 124-acre contributing drainage basin. The City and DOWL have collaborated to identify additional stormwater treatment needs within the City by assessing existing treatment units and the contributing areas they serve. This process helped to identify gaps in coverage and potential locations for new treatment units, including mechanical separation, infiltration galleries, dry wells, and detention facilities. Stormwater quality projects were identified based on the size of the contributing basin, land use, and feasibility of treatment unit installation. A total of 13 sites were identified, as summarized in the Table 16 and shown on Figure 28. Further details of each of the following projects are provided in Appendix D. 336 2025 Bozeman Stormwater Facilities Plan | Page 58 Table 16 – Stormwater Water Quality Projects Project Number Project Location Watershed Basin Size (Acres) Treatment Type Budget Level Cost Estimate 1 S. 11th Ave. and Koch St. Mandeville Creek 32.3 MT $330,000 2 Arthur Basin Bozeman Creek 131 MT / IG $450,000 3 S. Willson Avenue Bozeman Creek 38.6 MT / IG $530,000 4 Cooper Park Midtown Mandeville Creek 129 MT / IG $470,000 5 Cherry Drive Rocky Creek 12.0 IG / DW $150,000 6 Langhor Avenue Bozeman Creek 90.0 MT / IG $330,000 7 W. Olive St, S. 16th St., W. Babcock St. Mandeville Creek 40.0 MT / IG $290,000 8 W. Cleveland St. / W. Garfield St. Bozeman Creek 31.0 MT / IG / DF $300,000 9 Kagy and Highland Boulevards Bozeman Creek 29.0 MT / IG $470,000 10 S. 20th Avenue E. Fork Catron Creek 27.0 MT / IG $330,000 11 W. Babcock St. and S. Ferguson Avenue West Gallatin Canal 26.0 MT /DF $300,000 12 Durston Road and Meagher Avenue West Gallatin Canal 22.0 MT $300,000 13 N. 20th Avenue and Durston Road E. Fork Catron Creek 19.0 MT $300,000 MT = Mechanical Treatment, IG – Infiltration Gallery, DW – Dry Well, DF = Detention Facility 8.6 Summary of Stormwater Capital Improvement Recommendations A list of capital improvement projects and planning studies that are recommended to improve the City’s Stormwater Program is summarized in Table 17. The list is not presented in order of priority, and it is recommended that it be reviewed annually as part of the CIP planning process. Additionally, a project prioritization matrix could be developed to assist in project selection. Figure 28 shows the locations of the various projects. 337 2025 Bozeman Stormwater Facilities Plan | Page 59 Table 17 – Planning Studies and Capital Improvement Projects Project Number Project Name Budget Level Cost Estimate Stormwater Planning Studies 1 West Bozeman – South Study $330,000 2 Lower Bozeman Creek Study $450,000 3 West Bozeman – North Study $530,000 4 North Bozeman (N I-90) Study $470,000 5 Hyalite Creek Watershed Study $150,000 6 Upper Bozeman Creek Study $330,000 7 East Bozeman Study $290,000 8 Farmers Canal Capacity Study $300,000 Stormwater Design and Construction Projects 9 Mechanical Treatment – Peach St. $280,000 10 Mechanical Treatment – Tamarack St. $300,000 11 Historic Pipe Replacement Program $37,000,000 12 N. 9th Ditch Rehabilitation $450,000 13 Manley Ditch Rehabilitation $520,000 14 S. 8th and S. 9th Avenues Improvements $7,300,000 15 S. Wallace Avenue Improvements $2,100,000 16 W. Arthur Street Improvements $11,300,000 17 Downtown Bypass or Infiltration Galleries $2,900,000 Water Quality Design and Construction Projects 18 S. 11th Ave. and Koch St. $330,000 19 Arthur Basin $450,000 20 Willson Avenue $530,000 21 Cooper Park Midtown $470,000 22 Cherry Drive $150,000 23 Langhor Avenue $330,000 24 W. Olive St., S. 16th Ave. W. Babcock St. $290,000 25 W. Cleveland St. / W. Garfield St. $300,000 26 Kagy and Highland Boulevards $470,000 27 S. 20th Avenue $330,000 28 W. Babcock St. and S. Ferguson Avenue $300,000 29 Durston Road and Meagher Avenue $300,000 30 N. 20th Avenue and Durston Road $300,000 [1] Planning study cost estimates are based on study area size and previous projects 338 11 12 13 14 15 16 17 10 9 11 18 19 20 21 22 23 24 25 26 2728 29 30 11 11 ¬«86 BAXTER LN TSCHACHE LN W OAK ST DURSTON RD W GARFIELD ST COTTONWOOD RDGOOCH HILL RDW BABCOCK STMEAGHER AVEBOYLAN R D S5THAVES4THAVEN25THAVEW DICKERSON ST SCHURCH AVEW KOCH ST SWILLSONAVEHUNTERSWAYW KAGY BLVDDAVISLNS 11TH AVES GRAND AVES3RDAVEW COLLEGE ST S 19TH AVEN19THAVESTUCKY RDFLANDERSMILLRD HIGHLAN D B LVDFALLONST FOWLER LNBOZEMAN TRAIL R DN 7TH AVEFORTELLISRDE KAGY BLVDN15THAVE191 §¨¦90 FARMERS CANAL MANDEVILLECREEKMCDONALDCREEKBRIDGERCREEK MATTHEWBIRDSPRINGSCREEKAAJ KERCREEKBOZEMANCREEKE A S T G A L L A T I N R I V E R Bozeman City Limits Open Channel Storm Drain Project Area Project Location 9 Mechanical Treatment – Peach St.$280,000 10 Mechanical Treatment - Tamarack $300,000 11 Historic Pipe Replacement Program $2,035,000 12 N 9th Ditch Rehabilitation $450,000 13 Manley Ditch Rehabilitation $520,000 14 S 8thand 9th Avenue Improvements $7,300,000 15 S Wallace Avenue Improvements $2,050,000 16 W Arthur Street Improvements $11,300,000 17 Downtown Bypass or Infiltration Galleries $2,900,000 18 S 11th & Koch St.$325,000 19 Arthur Basin $450,000 20 Wilson Avenue $530,000 21 Cooper Park Midtown $465,000 22 Cherry Drive $150,000 23 Langhor Avenue $330,000 24 W Olive St, S. 16th,St. W Babcock St.$290,000 25 W Cleveland St. / W Garfield St.$300,000 26 Kagy & Highland Boulevard $465,000 27 S 20th Avenue $330,000 28 W Babcock St. & S Ferguson Avenue $300,000 29 Durston Road & Meagher Avenue $300,000 30 N. 20th Avenue & Durston Road $300,000 Stormwater Design & Construction Projects Water Quality Design and Construction Projects 11 12 14 15 16 17 11 11 ¬«86 N 7TH AVEW COLLEGE ST S 5THAVES8THAVEW OLIVE ST SCHURCHAVEW KOCH ST N WILLSON AVESBLACKAVEN GRAND AVES 3RD AVES TRACY AVE191 E PEACH ST MANDEVILLECREEKMATTHEWBIRDSPRINGSCREEKBOZEMANCREEKImproved Facility Downtown Bypass Project Area Infiltration Gallery ³0 0.5 10.25 MilesCAPITAL IMPROVEMENT PROJECTS AND STUDIES FIGURE 28 DATE: 4/14/2025PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 CITY OF BOZEMAN 339 2025 Bozeman Stormwater Facilities Plan | Page 61 9.0 REGULATORY WATER QUALITY COMPLIANCE The City of Bozeman is a Municipal Separate Storm Sewer System (MS4) community. It is required to follow conditions under the Clean Water Act to manage stormwater discharges under the Montana Department of Environmental Quality’s (MDEQ) General Permit for Stormwater Discharges. This permit aims to reduce pollutants in stormwater that discharges into local water bodies. The MS4 General Permit is effective for a five-year term and is re-issued by MDEQ upon expiration. The City is currently operating under the 2022 to 2027 MS4 General Permit term, with the MS4 boundary being the current city limits. The MS4 General Permit requires the development, implementation, and enforcement of a Stormwater Management Plan (SWMP) that is developed and updated annually. This SWMP summarizes the City’s effort in how their Stormwater Program is meeting the requirements of the MS4 General Permit, including the six minimum control measures (MCM) highlighted below and any special conditions like stormwater sampling and monitoring. 1. MCM 1 — Public Education and Outreach 2. MCM 2 — Public Involvement and Participation 3. MCM 3 — Illicit Discharge Detection and Elimination (IDDE) 4. MCM 4 — Construction Site Runoff Control 5. MCM 5 — Post-Construction Stormwater Management 6. MCM 6 — Pollution Prevention and Good Housekeeping 7. Special Conditions The following sections detail more specifics of the various elements of the MS4 General Permit. 9.1 Regulatory History Modern stormwater management in the City of Bozeman began with the 1982 Stormwater Master Plan. This plan examined the impacts of stormwater runoff to surface water quality, provided modern design criteria, and proposed stormwater ordinances giving the City authority over the storm sewer system. In 1999, the Environmental Protection Agency (EPA) issued the Phase 2 Stormwater Rule, requiring the City to obtain a National Pollution Discharge Elimination System (NPDES) stormwater permit for the lawful discharge of runoff into local waterways. A Phase 2 permit application was submitted in March 2003. At that time, MDEQ had yet to issue an MS4 General Permit, resulting in the City relying on federal stormwater regulations. In January 2005, MDEQ issued its first MS4 General Permit, requiring the City to obtain permit coverage. The 2008 Plan was subsequently developed to address both the NPDES Phase II Stormwater Rule and MDEQ’s MS4 General Permit regulations. Since its adoption, the plan has guided the City's stormwater management efforts. 9.1.1 2005 to 2009 Permit During the 2005 – 2009 permit term, the City was required to develop a Stormwater Management Plan (SWMP), collect stormwater runoff samples, and implement various compliance programs. Compliance responsibilities were completed primarily by the Engineering and Streets Divisions. A 2006 City Commission stormwater workshop emphasized MS4 General Permit requirements and potential compliance solutions, including necessary ordinance updates. The 2008 Plan, adopted during this permit term, served as a blueprint for developing a Stormwater Program. It included an inventory and modeling of the storm sewer system, the formalization of an operations and maintenance program, identification 340 2025 Bozeman Stormwater Facilities Plan | Page 62 of water quality and pipe replacement capital improvement projects, evaluation of MS4 General Permit compliance, and financial recommendations. 9.1.2 2010 to 2014 Permit and Extension In 2010, MDEQ issued the second MS4 General Permit (2010 – 2014). During this term the City adopted Ordinance 1763, detailing provisions such as construction stormwater permits and illicit discharge prohibitions. In 2011, MDEQ conducted a compliance audit of the City’s Stormwater Program, resulting in eight commendable efforts, 16 program deficiencies, and one violation for lack of an available comprehensive storm sewer system map. The City responded to the audit in 2012 by creating a Stormwater Utility and a staff work plan. The work plan led to a storm sewer system inventory and condition assessment completed during 2013 – 2014. Stormwater Utility staff presented storm sewer system inventory and condition assessment results, compliance needs, and level of service options to the City Commission. In December 2014, the City Commission endorsed a $1.2 million/year level of service, providing dedicated funding towards MS4 General Permit compliance, operations and maintenance program, and capital projects. In 2013, the MDEQ issued a draft MS4 General Permit for the 2014 – 2018 permit term. Entities regulated by the MS4 General Permit, including the City, objected to the draft permit, recognizing the requirements contained therein were not all achievable. As a result, MDEQ administratively extended the 2010 – 2014 MS4 General Permit, and a working group was formed to draft a new permit. The working group consisted of regulated entities, MDEQ, and other stakeholders. After two years, MDEQ issued the 2017 – 2021 MS4 General Permit. 9.1.3 2017-2021 MS4 Permit Under this permit, the City has made significant advancements in its Stormwater Program, continually improving compliance with the MS4 Permit. Five annual SWMP reports have been posted on the City website. Many action plans developed in the early 2017 SWMP report have been successfully implemented throughout this permit period. Refinements have been made to the language and documentation of the various MCM associated with the annual SWMP, further improving clarity and effectiveness. In June 2021, MDEQ conducted a compliance audit of the City of Bozeman's MS4 General Permit, resulting in a positive review that highlighted many commendable efforts. The audit also provided a small list of potential improvements and violations. 9.1.4 2022-2026 MS4 Permit The City is currently in year three of the 2022 – 2026 MS4 General Permit term and continues to implement improvements to its stormwater compliance programs. The City’s 5-year CIP includes additional water quality treatment mechanical separators, which advance the TMDL Action Plan [4]. This 2025 Plan will provide further improvements to compliance by addressing a post-construction facility enforcement response plan and inspection frequency. It also guides water quality projects beyond the 5- year CIP horizon and a more complete and well-funded program to meet the permit requirements. 341 2025 Bozeman Stormwater Facilities Plan | Page 63 9.2 Co-Permittees Stormwater discharge originating from Montana State University (MSU) campus, located within the Bozeman city limits, is also regulated under the MS4 General Permit. Due to overlapping boundaries and a shared storm sewer system, the City and MSU work as co-permittees on various MS4 General Permit compliance programs, outlined in a Memorandum of Understanding (MOU). The MOU assigns specific responsibilities for each MCM and stormwater sampling. The City and MSU collaborate on capital projects on an opportunistic basis. The City may complete various MSU storm sewer maintenance tasks due to ownership of specialized equipment and operation and maintenance expertise. Montana Department of Transportation (MDT) and the City formerly operated as co-permittees under previous MS4 General Permits to manage stormwater discharges from MDT roadways and infrastructure within the Bozeman city limits via inter-local agreements. Co-permittee status between the City and MDT ceased in 2015, with MDT applying for MS4 Individual Permit coverage. MDT and the City have begun the process of mapping MDT outfalls within the Bozeman city limits to determine maintenance and regulatory responsibilities. The City also collaborates with other local organizations that are not Co-Permittees, including the National Municipal Stormwater Alliance (NMSA), Gallatin Local Water Quality District (GLWQD), Montana State Extension Water Quality, Montana Water Environment Association (MWEA), the Gallatin Watershed Council (GWC). Many of these organizations help with the public education and outreach portion of the MS4 General Permit. 9.3 Impaired Waterways There are four named impaired waterbodies that receive stormwater discharge within the City of Bozeman MS4 boundary and include 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 [10]. Table 18 provides a summary of impairments for each waterbody. Table 18 – Impaired Waterbody and Impairments with MS4 Boundary 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 MS4 WLA for TSS. The City of Bozeman is not assigned a WLA for total nitrogen, total phosphorus, Stream Total Suspended Solids (TSS) Total Nitrogen (TN) Total Phosphorus (TP) E. coli Chlorophyll- a Alterations 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 342 2025 Bozeman Stormwater Facilities Plan | Page 64 E. coli, chlorophyll-a, or alterations in stream-side or littoral vegetative cover. As a result, the City prioritizes sediment reduction BMPs over other treatment needs. Table 19 summarizes the Lower Gallatin TMDL’s Sediment Source Assessment, Allocations, and TMDL for lower Bozeman Creek. Table 20 highlights the load reduction goal the City has self-imposed for Mandeville Creek to further reduce TSS beyond the minimum requirements set forth by MDEQ. Table 19 – TMDL for Lower Bozeman Creek Sediment Source Estimated Load (Tons/Year) Total Allowable Load (Tons/Year) Load Allocations (% Reduction - Tons/Year) Bozeman Storm Sewer System 218 137 37% - 81 tons/year Table 20 – Mandeville Creek TMDL Goal Sediment Source Estimated Load (Tons/Year) Total Allowable Load (Tons/Year) Load Allocations (Tons/Year) Mandeville Creek None None 10 tons/year[1] [1] Load reduction goal set by the City of Bozeman (not an MDEQ requirement) The City currently meets the WLA by complying with MS4 General Permit requirements, including implementation of a TMDL Action Plan, which is part of the City’s five-year capital plan. The TMDL Action Plan/capital plan identifies water quality projects intended primarily to remove sediment from stormwater. 9.4 Permit Requirements The MS4 General Permit requires the City to implement a Stormwater Management Plan, including the six minimum control measures (MCM) described below. Implementing a Stormwater Sampling and Evaluation Plan, Capital Improvement Plan (CIP), and staff training are three additional programs needed to comply with MS4 General Permit regulations. Program effectiveness is tracked via various performance measures unique to each MCM. The following summarizes the City’s current efforts to meet the conditions of the MS4 General Permit. Further details of the City’s efforts are provided in the 2024 SWMP Report [11]. 9.4.1 MCMs 1 and 2 — Public Education, Outreach, Involvement, and Participation: Under these two MCMs, the City is required to identify key target audiences that are common sources of stormwater pollution, illicit discharges, spills, dumping, and/or owners of stormwater infrastructure requiring regular maintenance. After defining these audiences, the City plans and executes passive and active engagement strategies that are tailored to each key target audience to reduce their contribution of pollutants to waterbodies. The City documents these efforts in the annual SWMP report, including past, ongoing, and future engagement strategies. In the recent 2023 SWMP, the City has identified residents, the construction industry, students, homeowner associations (HOA), restaurants/food trucks, and pet owners as the key targeted audiences and has implemented outreach strategies like adopt a storm drain program, 343 2025 Bozeman Stormwater Facilities Plan | Page 65 educational stormwater videos, a dog waste campaign, post-construction stormwater training, MSU classes, and educational events. The City’s Stormwater Program has invested between 200 to 500 hours annually of stormwater administration staff time between 2017 and 2023 to meet this requirement of the MS4 General Permit. 9.4.2 MCM 3 — Illicit Discharge Detection and Elimination (IDDE): The City has incorporated an Illicit Discharge program into the Bozeman Municipal Code §40.04.200, which prohibits illicit discharge via the implementation of IDDE corrective action and enforcement response plans. This includes responding to spills, illegal dumping, and other pollution events. Another condition of the MCM 3 is completing an outfall reconnaissance inventory and performing a dry-weather screening of all outfalls for illicit discharges. The City documents each illicit discharge event and provides a summary of the dry-weather outfall inspection in the annual SWMP report. Over the last six years, the City has been experiencing between three to nine illicit discharge events per year, all of which have a minimal to moderate impact on public safety, infrastructure, and the environment. The City inspects 10 high-priority outfalls annually and typically also inspects roughly 460 lower-priority outfalls, roughly half of the total outfalls. The City’s Stormwater Program has invested additional time over the past few years due to urban camping issues and is currently spending between 200 to 500 hours annually of stormwater administration staff time to meet this requirement of the MS4 General Permit. 9.4.3 MCM 4 – Construction Site Stormwater Management: As part of MCM 4, the City enforces Bozeman Municipal Code §40.04.350, 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) by completing construction stormwater permit reviews, site inspections, and the implementation of an enforcement response plan. At the end of the year, an annual construction site compliance audit is completed to track program performance. The City reviews a construction stormwater permit for each new construction project and sends a confirmation letter. Over the last four years, the City has issued between 200 and 400 stormwater construction permits and inspected 7 to 20% of those construction projects. With the accelerated growth within Bozeman, the City has spent 1,300 to 2,300 hours annually of stormwater administration staff time to meet this requirement of the MS4 General Permit. Because compliance has improved over the last several years, the City is planning to streamline its permit review and site inspection processes. 9.4.4 MCM 5 – Post-Construction Site Stormwater Management: To meet MCM 5, the City has implemented water quality standards that require runoff reduction on new and redevelopment projects by completing plan reviews, maintaining an inventory of post-construction facilities, and inspecting post-construction facilities to assess condition and functionality. The stormwater facilities that MDEQ focuses on include both surface and underground storage facilities, such as retention and detention ponds. Additionally, an annual post-construction facility condition audit is conducted at the end of each year to track program performance. The City documents the review process, inventory of new facilities, post-construction facility inspections, and ongoing and future initiatives to enhance its program in the annual SWMP report. There are roughly 344 2025 Bozeman Stormwater Facilities Plan | Page 66 1,144 storage facilities, and stormwater administration staff have been increasing efforts to include more inspections over the last few years. The City has spent 1,000 to 2,300 hours annually of stormwater administration staff time to meet this requirement of the MS4 General Permit. 9.4.5 MCM 6 – Pollution Prevention and Good Housekeeping: Under MCM 6, the City needs to have storm sewer infrastructure operations and maintenance programs, a pollution prevention program for City-owned facilities and city activities, and provide stormwater training for plan and permit reviewers and operations staff. The City documents the annual inspection and maintenance performance of the stormwater infrastructure described in Section 6.0. The City and MSU have a total of nine facilities with Facility Pollution Prevention Plans (FSWPPP), including the City Shop Complex, Vehicle Maintenance Facility, Water Treatment Plant, Water Reclamation Facility, East Gallatin Storage Area, Solid Waste Landfill, Snow Storage Area, University Shops Facility, and MSU Material Storage Area. Fourteen activities are identified with standard operating guidelines to reduce target pollutants. These activities range from the construction of sidewalks and curbs to standard maintenance activities like park mowing to maintenance of parking lots and parking garages. Stormwater staff train operations staff on these facilities and activities as required by the MS4 Permit. Staff time totals 300 to 850 hours per year. 9.4.6 Special Conditions In addition to the MCMs, the City is also required to document its stormwater sampling and evaluation program. The City monitors stormwater discharge based on land-use types, completes TMDL monitoring by collecting in-stream wet-weather samples, measures sediment captured by stormwater treatment units to track progress toward the 81-ton load reduction target set for Bozeman Creek, and monitors long- term trends in macro-invertebrates. The City has eight flow sampling locations, including two residential sites, two industrial sites, and sites on Bozeman Creek and Mandeville Creek upstream and downstream of the MS4 boundary. Water quality samples are taken twice a year during a storm event at each location. Sediment is measured and then removed from the water treatment manholes using a vac truck to determine the annual sediment removal totals. This information is documented in the annual SWMP report, which includes a graded evaluation of the samples associated with storm events, in-stream wet weather monitoring, and stream health monitoring. An overall program performance measure combines these three individual scores with sediment reduction monitoring. The City’s Stormwater Program has invested between 200 to 400 hours annually of stormwater administration staff time in meeting this requirement of the MS4 General Permit. 9.4.7 Other The annual SWMP report also includes a section on Program Administration and Capital Improvement Planning. Sections 8 and 10 provide further details of these programs. 9.5 2021 MDEQ MS4 Permit Audit Summary From June 15–18, 2021, MDEQ conducted a compliance audit of the City’s Stormwater Program. The audit assessed the City’s SWMP programs, including each MCM, training, sharing of responsibilities, and stormwater sampling, for compliance with the 2017–2021 MS4 General Permit requirements. In total, the 345 2025 Bozeman Stormwater Facilities Plan | Page 67 City received 21 Commendable Efforts, 16 Areas for Improvement and Recommendations, and five Violations. The five violations include the following: • Stormwater Management Plan o The city has not formalized a complete organization chart to address responsibilities for specific MCMs and primary points of contact. • Illicit Discharge Detection and Elimination o Formalize an MOU between the City and MSU to document specific MS4 General Permit compliance responsibilities. • Post-Construction Site Stormwater Management o Failure to conduct inspections of high-priority post-construction BMPs, annually. o The City has not developed a complete Enforcement Response Plan (ERP) to ensure compliance with installation, operations, and maintenance requirements on regulated projects, including private property. o Failure to require self-inspections and reporting of post-construction BMP features. The City has resolved three of the five violations identified above, including: • Stormwater Management Plan o The city updated its organizational chart to include the Parks and Recreation Department, the new City management structure, and positions(s) responsible for specific MCMs and added primary points of contact. The City will need to complete annual updates to the organization chart to incorporate changes as they occur. • Illicit Discharge Detection and Elimination o A MOU between the City and MSU was formalized, documenting the MS4 Permit compliance responsibilities. The MOU is effective from February 2022 through 2026. In addition, a formal inter-local agreement for emergency services for spill response was submitted for the two co-permittees. This emergency services agreement will be renewed annually, and the MOU will be renewed for the next MS4 Permit. • Post-Construction Site Stormwater Management o In 2022 and 2023, the City has identified and inspected the high-priority post-construction BMPs. The City will update the high-priority construction BMP analysis to identify new features on an annual basis. The two violations that are not currently resolved are within the Post-Construction Site Stormwater Management area. These violations include the failure to require self-inspection and reporting of the post- construction BMPs and the development of a formal enforcement response plan. The following section addresses these violations. 9.6 Regulatory Water Quality Compliance Recommendations The City is currently generally satisfied with its performance under the MS4 General Permit, noting that it has established a good process and is meeting the permit requirements, aside from the noted unresolved violations. At this time, the City does not elect to increase the level of service to achieve a higher level of service beyond the current program. The City will make the necessary adjustments to address the noted 346 2025 Bozeman Stormwater Facilities Plan | Page 68 violations and will continue to monitor program performance and respond as needed to address future requirements of MDEQ. The following recommendations are specifically focused on improving the post-construction stormwater pond program and addressing the remaining permit violations to ensure continued compliance and effectiveness in stormwater management. 9.6.1 Post-Construction Program Review and Recommendations A detailed evaluation of the City of Bozeman's post-construction stormwater ponds program was conducted as part of the 2025 Plan. This evaluation included a review of programs of other similar communities, an assessment of the current City of Bozeman program, and recommendations for improvement. The review of representative communities looked at their post-construction programs and what they do regarding level of service, ownership, design criteria, construction inspection, post- construction inspection and maintenance, enforcement, program administration, and funding. A detailed inspection of a sample set of post-construction facilities (ponds) across the City of Bozeman was also completed in developing a methodology to estimate the total deferred maintenance cost for these facilities. The following summarizes the recommendations for the post-construction stormwater ponds program. • Design Criteria and Construction Inspection o It is recommended that additional requirements be added to the as-built drawing submittal in the design criteria manual to facilitate post-construction inspections. This would include an operations and maintenance plan, key elevations, storage requirements, contours, water surface elevations, a design storage versus constructed storage comparison table, inflow rates, and the trigger elevation for when sediment removal is needed. The submitted plan should be an as-built certified by an engineer registered in the State of Montana. These requirements have been included in the updated City of Bozeman Design and Construction Standards pending approval by the City Commission. • Inspection Workflow o Perform a rapid assessment for every City-Owned post-construction facility every five years and utilize the rapid assessment to identify high-priority facilities. Over the next four years, perform a detailed pond inspection for the top 25 to 50% of the post- construction ponds identified through the rapid assessment as being in the worst condition. o Require detailed inspections of HOA and private facilities to be completed by qualified inspectors retained by the private entity or HOA on a five-year cycle. The detailed inspection reports would require certification by a Professional Engineer or Professional Land Surveyor. It is recommended that the City complete a rapid assessment of 5% to 10% of the private and HOA facilities annually to identify violations and verify submitted inspections. During the ramp-up period of requiring detailed inspections, it is suggested that the City inspects 10% to 20% of these facilities using the rapid assessment on an annual basis. o Additional recommendations on the rapid and detailed inspection forms and assessment methodologies are provided in the Post-Construction Review and Recommendations report [6]. "The updated City of Bozeman Design and Construction Standards include the recommended post-construction stormwater pond inspection forms. 347 2025 Bozeman Stormwater Facilities Plan | Page 69 • Public Education o A review of the Stormwater Facility Maintenance Guide was completed, and recommendations for minor refinements were provided. A marked-up document is included in the Post-Construction Review and Recommendations report [6]. • Enforcement Response Plan o DEQ has indicated that the City needs to develop an enforcement response plan (ERP) and has recommended that it be modeled after the ERP developed by the City of Kalispell. The City of Kalispell ERP not only focuses on post-construction stormwater pond inspection and maintenance but also on illicit discharge and construction site inspections. Minimum recommendations for each section of the ERP are included in the Post- Construction Review and Recommendations report [6]. • Program Management and Administration o It is recommended that the City review the recommendations of this report and assess the associated staffing needs. Additional details of the recommended program management and administration are provided in Section 10.0. • Funding o Based on an evaluation of potential funding mechanisms for an expanded post- construction stormwater pond inspection and maintenance program, it is recommended that this be funded through the existing stormwater utility. Adjustments to the stormwater utility rate and the rate credit policy should be evaluated to establish an appropriate rate and the associated level of service. It is recommended that a needs- based stormwater utility rate study be completed for this purpose and for implementing other recommendations provided in this report. 9.6.2 Flow Sampling Enhancement The City could consider installing water quality monitoring devices on Bozeman Creek and Mandeville Creek to gain a better understanding of water quality dynamics of various parameters with varying hydrologic, climatic, or other conditions. Utilizing the Insitu 800 device or an equivalent manufacturer equipped with sensors for parameters such as turbidity offers a cost-effective solution, with a single site setup costing approximately $2,000 to $3,000. Continuous monitoring would provide valuable data on TSS and other parameters, capturing fluctuations during dry periods and storm events to identify trends. Incorporating a piezometer would enhance the system by measuring water depth, which, combined with a rating table, would also provide continuous flow rates. Strategically placing multiple units along Bozeman Creek—such as upstream and downstream of the MS4 boundary or near storm drain outfalls— would facilitate a comprehensive assessment of water quality. Moreover, this equipment is portable and could be relocated in the future to other sites, enabling adaptive monitoring as baseline data are established. 348 2025 Bozeman Stormwater Facilities Plan | Page 70 10.0 PROGRAM MANAGEMENT AND ADMINISTRATION The City has staff that manages and administrates the Stormwater Program. The information summarized below was provided by City staff through a questionnaire, the development of a matrix of tasks, and follow-up discussions. The matrix framework provided to the City allowed for a listing of specific tasks, the associated staff and equipment needed to complete the task, the City grading of existing performance, any challenges or issues associated with the task, and any City recommendations to improve performance. The feedback generally focused on ongoing challenges and additional needs to effectively manage and operate the Stormwater Program. Some of the activities discussed below overlap with other City departments, including Finance, Engineering, GIS, Street Maintenance, and Water / Sanitary / Storm Operations to fully address these activities. 10.1 Current Program Management and Administration Activities 10.1.1 Stormwater Program Administration The Stormwater Administration staff is responsible for the overall program management, which includes the following tasks: • Accounts payable, • Developing and managing the operating budget, • Managing and training personnel, • Updating the Stormwater Rate and addressing related issues, • Digitizing new impervious areas for ERU calculations and providing Finance the ERU determinations, • Managing office space, and • Assisting in litigation. These responsibilities primarily fall to the Stormwater Program Manager, although other members of the Stormwater Program contribute to meeting these obligations. Completing these tasks typically requires between 0.50 and 0.85 full-time equivalent (FTE) staff effort. 10.1.2 Office Space and Parking The City of Bozeman Stormwater Administration office is currently located at 7 East Beall Street, where it shares space with the Water Conservation Division and Bozeman’s Metropolitan Planning Organization (MPO). The building is occupied by five Stormwater staff members, five Water Conservation Division staff members, and one MPO staff member. Although the current office space meets the City’s current needs, it cannot accommodate staff additions and equipment storage. There is also limited parking available for additional staff. As the City continues to grow and the demands on the Stormwater Program increase, it will likely be necessary to identify a permanent office space that provides sufficient room for expansion to support the City’s long-term goals. It is recommended that the City prioritize finding a suitable location for future expansion of the Stormwater Program. 349 2025 Bozeman Stormwater Facilities Plan | Page 71 10.1.3 Subdivision and Commercial Site Development Review The Stormwater Administration staff and the Engineering Department collaborate on development site reviews, which include technical design reviews, pre-application meetings, pre-construction meetings, pre-paving meetings, final walkthroughs, two-year warranty reviews, and occupancy reviews. The Stormwater Operations staff conduct video inspections of new infrastructure and oversee repairs to ensure final acceptance. Additionally, the Engineering Department oversees development reviews for all public infrastructure. Based on the City’s estimates, these development reviews and associated meetings utilize up to 0.65 FTE of stormwater staff time. The division of responsibilities between stormwater and engineering staff appears to function effectively, with strong communication between the two groups. Overall, the City believes they are performing above average in site development reviews. However, with the upcoming update to the stormwater design criteria, the City anticipates that reviews may take more time as both the City and the design community adapt to the new requirements. One challenge identified by the stormwater staff is the time required to locate key documents for design and construction reviews associated with post-construction facility inspections. Files are sometimes duplicated or saved in multiple locations, leading to inefficiencies. Implementing a more formal file- tracking system for stormwater design reports, maintenance plans, record drawings, and other pertinent data would streamline access to these documents, improving the transition from design to construction inspection and, ultimately, to post-construction inspection. As discussed in Section 8.1, completion of the recommended storm drainage planning studies would help guide development consistent with regional stormwater solutions. 10.1.4 Work Order (Contract) Administration The Stormwater Administration staff typically manages one outreach contract and two infrastructure contracts per year. Their project management duties include developing and negotiating scopes of work and budgets, contracting, tracking progress and budgets, and reviewing planning reports, final design plans, and specifications. For many stormwater infrastructure projects, the administration staff also serves as the Resident Project Representative (RPR), ensuring construction adheres to contract requirements and construction plans. The stormwater staff estimates that approximately 0.33 full-time equivalent (FTE) is dedicated annually to managing these work order projects and fulfilling RPR responsibilities. The City adjusts its level of involvement in these projects based on the capacity of stormwater administration and engineering department staff. Some contracts are outsourced when specialized skills are required that City staff cannot provide. Balancing the workload remains a primary focus for the City, particularly as other demands fluctuate. There is an ongoing emphasis on the contracting process to help streamline efforts in getting these outsourced projects executed and moving forward. The City has also allocated additional time to contract management and continues to provide ongoing training to staff to improve their understanding of the contracting process. 350 2025 Bozeman Stormwater Facilities Plan | Page 72 10.1.5 Responding to Customer Concerns The Stormwater Administration staff primarily handles stormwater complaints and issues related to flooding and water quality. They also field calls that must be referred to other City departments. On average, they receive seven flood-related complaints annually, including issues such as plugged inlets, sump pumps, and surcharging manholes. This number does not include complaints handled by the City’s maintenance staff. In addition, the staff receives an average of 10 complaints per year regarding water quality, not including the Illicit Discharge Detection and Elimination (IDDE) events discussed earlier. The City believes it provides an above-average level of service in addressing these complaints. However, a challenge lies in the variability of complaints and the need to pause other tasks to respond promptly. The City has observed an increase in complaints, likely tied to enhanced outreach and education efforts. As the City grows and additional inspections and responsibilities are assigned to the Stormwater Administration staff, the volume of complaints is expected to rise further. 10.1.6 Stormwater CIP Planning Each year, the City develops a five-year Capital Improvement Plan (CIP) to define infrastructure projects and other capital needs. This process includes opportunities for public comment, is approved by the City Commission, and is incorporated into the corresponding fiscal year’s budget. The Stormwater Administration staff focuses on River Health projects, deferred maintenance initiatives, planning studies and reports, and addressing equipment needs. The River Health projects include MS4 compliance needs and addressing total suspended solids (TSS) reduction. The deferred maintenance projects include replacing historic pipe conveyance systems and rehabilitating ditches. Many projects also involve conceptual analyses, prioritization, and collaboration with other departments. Two dedicated staff members, with input from additional personnel, contribute to developing the CIP, requiring approximately 200 hours annually (0.1 FTE). Currently, the Stormwater Administration does not evaluate stormwater needs associated with street reconstruction projects, which the Engineering Department manages. This separation reduces opportunities to proactively identify and integrate stormwater improvements with other infrastructure projects, potentially foregoing cost efficiencies through project consolidation. The Special Improvement District (SID) process is currently in flux, complicating the ability to predict the timing, location, and stormwater needs in these areas. 10.1.7 GIS Support The GIS team provides essential support to Stormwater Administration through a variety of tasks critical to the management and operation of the Stormwater Program. These tasks include importing impervious surface and account data into the enterprise database for billing purposes, updating the database to reflect new infrastructure and repairs, and managing tools such as CityWorks and dashboards for performance tracking and troubleshooting. Additionally, GIS staff support various projects, including alignment efforts with Montana Department of Transportation (MDT) and Montana State University (MSU) data, as well as biweekly updates to impervious surface data. 351 2025 Bozeman Stormwater Facilities Plan | Page 73 In recent years, GIS operations have faced significant challenges due to high turnover and understaffing, leading to a substantial backlog of work. However, the team is now fully staffed and has begun making measurable progress in addressing this backlog. As part of this effort, the GIS Division is conducting a comprehensive needs assessment and overhauling its software and programs to improve overall efficiency. The City currently rates GIS support for stormwater administration below average, highlighting the need for greater collaboration between GIS leadership and stormwater administration to ensure all stormwater-related GIS needs are adequately addressed. A primary focus is associated with finding ways to streamline the impervious area digitization and updating of impervious area data for billing processes. There appears to be a lot of cleanup of the impervious areas during the billing process. The Finance Department is currently exploring new software solutions that may assist with these efforts. At a minimum, the City should develop a periodic quality control check in GIS to catch billing errors and eliminate inactive accounts that are currently in the GIS. 10.1.8 SWPPP Administration The City plays a key role in administering Stormwater Prevention and Pollution Plans (SWPPP) for various City and MDT projects, particularly those that are complex, involve multiple contractors, or have phased development. The City's SWPPP efforts fluctuate based on the size and complexity of the projects and the construction timelines. On average, the City estimates that this effort requires around 100 hours annually, though this may vary depending on the number of projects and their stages of development. The City's SWPPP administration efforts include the development of permits, management, and oversight of these permits throughout the project lifecycle, as well as the implementation of pollution prevention strategies. This includes conducting regular inspections to ensure compliance with stormwater regulations and best management practices. The City's proactive approach helps mitigate the impact of construction activities on water quality and ensures that stormwater runoff is properly managed to protect the environment. However, these SWPPP administration tasks can be time-consuming and often take valuable time away from other program needs. Proactive planning and early engagement in these projects are necessary for the City to allocate resources better and manage workloads effectively. Additionally, when possible, the City should consider delegating SWPPP administration to the primary contractor to streamline the process and improve overall efficiency, ensuring that City staff can focus on higher-priority tasks while still maintaining compliance and oversight. 10.1.9 Records Research and Document Management The City dedicates significant time to researching and organizing records necessary for post-construction stormwater management. These efforts include locating and reviewing engineering design documents, a task shared by Stormwater Administration staff, the Public Works Administration, and the City Clerk's office. While record research hours are typically categorized under post-construction activities, there is an ongoing need to integrate and streamline the organization of historical engineering records as part of the post-construction workflow. One major challenge in this process is the varied state of records from 1980 to the present. Records may exist in paper format, in digital files, or within older systems that are difficult to navigate. This inconsistency complicates efforts to move smoothly from the design and construction phases to post- construction reviews. 352 2025 Bozeman Stormwater Facilities Plan | Page 74 To address these challenges, the City recommends scanning all remaining paper documents to create a comprehensive digital archive, establishing an improved filing system for both new and legacy records, and developing a public-facing interface to provide the general public and design community with access to information about stormwater features. Currently, the City ranks the record research process as below average, emphasizing the need for significant improvements to reduce inefficiencies and ensure that critical information is more readily available for stormwater management. 10.2 Recommendations The City generally feels good about the current state of program management and administration. Operations have been running relatively smoothly, aided by low turnover among stormwater administration staff. The following recommendations are provided to improve overall program efficiency, enhance resource allocation, and ensure the program’s continued success. 10.2.1 Office Space and Parking Expansion As the City of Bozeman and the Stormwater Program continue to grow, it will be necessary to secure expanded office space that can accommodate future staffing, equipment storage, and additional parking. It is recommended that identifying and securing a suitable location be prioritized with a target of resolving this issue over the next decade to support the Stormwater Program in meeting its long-term goals. 10.2.2 Streamline Billing and GIS Process The City should focus on improving the efficiency of digitizing impervious surface data and streamlining the billing process. Implementing a periodic quality control check within GIS will help to catch billing errors, reduce the cleanup efforts required during the billing process, and eliminate inactive accounts that clutter the process. Additionally, the City should explore investing in software solutions that integrate the billing process with GIS data, enabling smoother operations and freeing up staff time for higher-priority tasks. The City could also consider revising the policy for impervious area delineation by conducting an annual update based on aerial imagery. By contracting a service to provide an impervious surface layer derived from the imagery, the City would obtain more accurate data that reflects current conditions. This approach could reduce data discrepancies and streamline updates. However, there would still be a need for overrides in specific cases, such as when more accurate survey-based parcel data is provided. Consideration should also be given to requiring contractors to calculate the impervious area of a site and submit it with the as-built construction plans. 10.2.3 SWPPP Administration Given the fluctuating demands of SWPPP administration, it is recommended that the City engage in more active planning to allocate resources better and manage workloads. Early engagement in these projects will allow for more time to assign appropriate staff and streamline efforts. Additionally, when possible, the City should consider delegating the responsibility of SWPPP administration to the prime construction contractor, ensuring compliance and oversight without overburdening City staff. 353 2025 Bozeman Stormwater Facilities Plan | Page 75 10.2.4 Records Research and Document Management To address challenges with locating and organizing engineering records, it is recommended that the City focus on scanning all remaining paper documents to create a comprehensive digital archive. Establishing an improved filing system for both new and legacy records and developing a public-facing interface for access by the general public and design community will enhance efficiency, streamline post-construction workflows, and improve accessibility to essential stormwater management information. 10.2.5 Increase Collaboration between Departments It is recommended that the City continue to strengthen communication and collaboration between the Stormwater staff and other departments, particularly GIS, Engineering, Finance, and Street Maintenance. Improved coordination on tasks such as site development reviews, work order administration, and stormwater CIP planning will help streamline processes, reduce duplication of efforts, and ensure that stormwater needs are incorporated into broader city planning and infrastructure projects. 10.2.6 Investing in Long-term Planning with Regional Stormwater Solutions It is recommended that the City complete planning studies to guide development consistent with planned regional stormwater solutions. A holistic approach to stormwater planning, rather than individual project- by-project solutions, will provide the City insight into the potential risks and benefits of alternative solutions in meeting the community’s stormwater management needs. 354 2025 Bozeman Stormwater Facilities Plan | Page 76 11.0 STORMWATER PROGRAM FUNDING ASSESSMENT A challenge facing many stormwater programs is finding funding to manage the City’s stormwater assets proactively. The FCS conducted a detailed review of the City’s Stormwater Program funding, including an examination of the current financial situation, the established stormwater utility rates, and rate credits. They also provided recommendations and strategies to increase funding. The following section introduces utility ratemaking, provides an overview of the necessary information for a rate study, and assesses the utility rates. 11.1 Introduction to Utility Ratemaking Utility rates should be set to recover the cost of providing service. Therefore, one of the key elements of a rate study is to develop a funding plan (“revenue requirement”). The duration of the funding plan varies, but it is generally a good idea to align it with a utility’s capital improvement program (CIP). For example, if a utility has a five-year CIP, it makes sense to develop (at least) a five-year revenue requirement forecast. The revenue requirement analysis determines the total funding needed for a utility to operate independently, accounting for operating and maintenance costs, fiscal policy goals, and capital project needs. A typical study approach is shown in Figure 29. Figure 29 — Revenue Requirement Overview 11.1.1 Overview of Capital Funding Strategies For most utilities, there are three common sources of cost responsibility: property owners (e.g., developers), outside parties with a policy interest, and ratepayers. 355 2025 Bozeman Stormwater Facilities Plan | Page 77 11.1.1.1 Property Owners (connection charges/impact fees) Property owners typically contribute to capital funding through connection charges and/or impact fees. These fees help recover a proportionate share of the utility’s capital infrastructure investment from new customers. Their primary purposes are to ensure equity between existing and new customers and to provide a sustainable funding source as the utility grows. Additionally, these charges uphold the principle that 'growth helps pay for growth.' They are generally applied to both new developments and redevelopments that increase system capacity demands. 11.1.1.2 Outside Parties (grants) Grants are typically provided by state, federal, and occasionally county governments. They are made available because an outside government has a policy interest—such as promoting clean water—and has decided that some local utilities will not realistically have enough ratepayer resources to make the capital investments that further that policy interest. Grants are usually highly competitive, and often, an important criterion is the rate impact of a given capital project in relation to the economic circumstances of the utility customers. In addition, a local utility needs to be willing to accept the “strings attached” to compete for a federal or state grant. 11.1.1.3 Ratepayers (cash and debt-funded capital) For a utility, the default cost responsibility rests with the ratepayers. They are the ultimate funding source. If the cost responsibility cannot be shifted to someone else, then a capital project will be funded – either now or later – by ratepayers, if it is to be funded at all. Ratepayers generally do not like extreme swings in their rates, so there needs to be a way to smooth out the variability in capital spending. Either the utility needs to save up in advance, borrow, or do some combination of both. 11.1.2 Discussion of Cash versus Debt This section discusses some considerations in deciding how much to rely on debt as opposed to cash financing. 11.1.2.1 Current Rate Revenue Current rate revenue is clearly eligible as a funding source for stormwater utility capital projects. While it is a flexible source of revenue, its biggest disadvantage is that the amount available in any given year is limited, whereas the amounts needed to fund the capital program might vary widely. To smooth out the financial demands over time, utilities typically need to either save money in advance or borrow. Still, with good financial planning, a significant part of a utility’s CIP might be able to be funded with rate revenue. 11.1.2.2 Cash Reserves In this discussion, "cash reserves" refer to the beginning cash balances from prior-year rate revenue. These reserves can be broadly used for the City's stormwater utility capital needs, provided they are not restricted to specific purposes. Cash reserves are advantageous because they allow the utility to earn 356 2025 Bozeman Stormwater Facilities Plan | Page 78 interest on balances instead of paying interest on debt. They also provide financial flexibility, enabling the utility to manage sudden cash squeezes by drawing down reserves or deferring capital projects, unlike debt service payments, which cannot be skipped. However, relying on cash reserves requires advance savings, emphasizing the need for forward-thinking financial planning. This strategy is particularly suitable for scalable capital projects that can be anticipated well in advance, such as pipe replacement programs or repairs of catch basins, inlets, and manholes. In cases of spikes in capital spending needs, such as replacing multiple stormwater culverts or coordinating with significant transportation projects, it might not be feasible to raise rates suddenly enough to cover costs without borrowing. 11.1.2.3 Debt Debt is a valuable capital funding tool that helps mitigate rate impacts by providing funds when needed beyond available savings. It spreads capital costs over a prolonged period, such as 20 years, benefiting both existing and future customers. Additionally, another key advantage to borrowing is that capital projects can be funded and executed quicker than saving up cash in advance, thereby reducing the effects of long-term cost inflation. However, debt comes with issuance and interest costs, and a utility's ability to meet debt service coverage and other requirements may limit the amount of additional debt it can issue. Excessive debt can also affect a utility's credit rating and its ability to secure low-interest debt in the future. Debt is best suited for large, discrete projects rather than ongoing capital programs or system replacement. It creates intergenerational equity, as those who benefit from the capital improvement also carry the cost burden. However, issuing debt requires paying interest, which reduces financial flexibility and increases the risk of disruptive effects from unanticipated contingencies. 11.1.2.4 Resulting Considerations Ultimately, over time, the City may want to consider a hybrid approach. For example, the City could use rate revenues to fund annual repair and replacement projects and consider a combination of cash and debt for large, one-time projects that may be difficult to fund solely with rate revenues. 11.1.2.5 Across the Industry Drawing from the 2021 Stormwater Utility Survey report [12], of the 73 participants surveyed (from 20 states), 78% of participants funded most capital projects with cash versus 22% funding most projects with debt. This result is slightly different from previous years – 87% of participants funded most projects with cash in 2018, and 88% did so in 2016. 11.1.3 Summary The following matrix provides an overview of how these various funding sources can be used for operating and/or capital expenditures. 357 2025 Bozeman Stormwater Facilities Plan | Page 79 Table 21 – Capital Funding Matrix Funding Sources Operations and Maintenance Capital Rate revenues Yes Yes Bonds and loans n/a Yes Grants Uncommon Yes Impact fees Only administrative portion[1] Yes [1] “An impact fee may include a fee for the administration of the impact fee not to exceed 5% of the total impact fee collected.” Montana Code 7-6-1601. 11.2 What Information is Needed for a Rate Study? In addition to the capital needs in Table 23, the City is undergoing an evaluative process for its stormwater ponds and will undergo similar evaluations across a variety of categories and program elements, which could include those identified in Figure 30. These evaluations may identify additional operating and/or capital needs. Under each element, key variables such as inspection frequency, team size, required equipment, the cost and timescale of deferred maintenance and capital improvements, etc., could impact a funding plan. A comprehensive rate study would include all (or most) elements simultaneously instead of 1-2 at a time, allowing decision-makers to prioritize various elements against funding constraints. Table 22 demonstrates a hypothetical outcome of a comprehensive rate study that incorporates many program elements simultaneously. Table 22 – Level of Service Matrix – SAMPLE ONLY Program Element Bronze Silver Gold Deferred Maintenance 40-year completion 30-year completion 20-year completion Capital Improvements 40-year completion 30-year completion 20-year completion Operation and Maintenance Reactive: (ponds, culverts) Proactive: (inlets, manholes, WQ) Reactive: (culverts) Proactive: (inlets, manholes, WQ, ponds) Proactive: (inlets, manholes, WQ, ponds, culverts) MS4 Compliance Meet Minimum Requirements Meet Anticipated Future Requirements Meet Anticipated Future Requirements Program Administration Status Quo More quickly address complaints Enhance GIS capabilities + Robust public outreach Other Address Bank Erosion + Address Bozeman Creek Flooding + Snow Storage Monthly Rate $ $$ $$$ 358 2025 Bozeman Stormwater Facilities Plan | Page 80 Figure 30 – Potential Elements of the City’s Stormwater Program 359 2025 Bozeman Stormwater Facilities Plan | Page 81 This 2025 Plan provides a summary of existing tasks and levels of effort as well as identifying areas of improvement. It, however, stops short of defining increased levels of service to better meet the community’s stormwater management needs and the associated staff, equipment, timeframe, and costs for achieving these program objectives. It is recommended that the City use the findings of this report, fill in data gaps in deferred maintenance costs, define alternative levels of improved service, and complete a needs-based stormwater utility rate study to determine the appropriate balance of stormwater utility rates and level of service. 11.3 Current Financial Position of Stormwater Utility This section provides a snapshot of the City’s financial performance based on the adopted FY 2025-26 budget. Note that a more comprehensive rate study is being performed concurrently, and the following provides a high-level analysis based on the City’s budget. These observations are not meant to supersede any recommendations or findings resulting from the broader water, sewer, and stormwater utility rate study. Increases in salaries, benefits, operations and maintenance, and debt service appear to be “squeezing” out rate-funded capital for the City’s stormwater utility. For example, consider the following trends comparing FY 2023 actuals to the FY 2026 budget: • Total salaries and benefits, maintenance and operations, transfers out, and annual debt service expenditures are projected to increase by 35%. o The Salaries and Benefits category is projected to increase by 11%. o The Operations and Maintenance category is projected to increase by 44%. o The Transfers Out category is projected to increase by 48%. o Debt Service is projected to more than double if the City borrows $1.275 million, as noted in the budget for FY 2025. • During this time, the Charges for Services category (rate revenue) is budgeted to increase by just 24%. o It appears that the budget assumes annual increases of roughly 5.7% per year for FY 2025 and FY 2026, presumably because of some combination of customer growth and rate adjustments. As costs increase faster than rate revenues, the amount of rate revenues available for capital projects is projected to decrease from over $262,000 in FY 2023 to $147,000 in FY 2026. As a result, more capital projects need to be funded through drawdowns of cash reserves, additional borrowing, or delayed unless additional rate adjustments are implemented. 360 2025 Bozeman Stormwater Facilities Plan | Page 82 Source: City of Bozeman 2025 Biennium Adopted Budget (page 114/269) https://www.bozeman.net/home/showpublisheddocument/14358/638634614563530000 Figure 31 – Multi-Year Financial Performance for Stormwater Utility (based on FY 2025-2026 Budget) Table 23 details the City’s 2024-2031 preliminary capital improvement program, which totals over $9.4 million (with inflation). The ongoing rate study assumes a 90% completion factor, so the effective total capital plan is $8.5 million, slightly lower than what is shown in the table. If FY 2026 rates can support roughly $150,000 of rate-funded capital per year, the City will need to adjust rates higher, receive outside grant funding, and/or borrow (if rates can support debt service) to execute the planned capital program. As previously noted, the ongoing rate study has tentatively assumed annual rate increases of 3% per year and nearly $6 million of borrowing. 361 2025 Bozeman Stormwater Facilities Plan | Page 83 Table 23 – 2024-31 Stormwater Utility Capital Program – Inflated Dollars in $10k (DRAFT) Code Project Description 2024 2025 2026 2027 2028 2029 2030 2031 Total STDM02 Manley Ditch Rehab - 54 - - - - - - $ 54 STOP04 Pipe Inspection Van (#01) - 34 - - - - - - $ 34 STDM04 Historic Pipe Replacement Program 8 55 11 65 12 83 14 - $ 248 STDM05 Annual Unplanned Pipe Rehabilitation 5 6 6 7 8 9 - - $ 42 STDM03 Downtown Trunk Line Ph2 - - - - - - - - $ - STDM06 N 9th Ditch Rehab - - - - - 45 - - $ 45 STDM17 Stmwtr Facility Plan Ph2 5 13 - - - - - - $ 18 STDM19 Downtown Stormwater Capacity - - - - - - 62 67 $ 129 STOP03 Stormwater Vehicle (#01) - - - 5 - - - - $ 5 STOP05 Street Sweeper(#01) 28 - - - - - - - $ 28 STOP07 Stormwater Service Vehicle #1 - - - - - - - 9 $ 9 STOP08 Vacuum & Jetting Truck #1 - - 65 - - - - - $ 65 STOP09 Stormwater Sidewalk Machine - - - - - - - - $ - STRH01 Downtown Mech Storm Phase 3 5 32 - - - - - - $ 36 STRM58 Operations Site Upgrade & Maintenance - - - - - - 22 - $ 22 STRM59 Design Standards Update 5 - - - - - - - $ 5 STRM60 River Health - Mechanical Treatment - Peach - - 28 - - - - - $ 28 STRM61 River Health - Mechanical Treatment - Tamarack - - - - 30 - - - $ 30 STUO01 Stormwater Facility Plan 5 1 - - - - - - $ 6 Shops Complex - - 140 - - - - - $ 140 Total (in $10k) $ 59 $ 195 $ 250 $ 77 $ 50 $ 137 $ 97 $ 76 $ 942 [1] Draft Capital Improvement Program from the On-going Water, Sewer, and Stormwater Rate Study 362 2025 Bozeman Stormwater Facilities Plan | Page 84 As previously noted, based on these findings, the City’s Stormwater Program appears to be underfunded and will not be able to address all the capital needs. Furthermore, Table 23 does not include additional initiatives, CIP projects, and recommendations from this 2025 Plan. The city should review the stormwater utility rate, considering the identified needs for each element of the Program. 11.4 Rate Structure Review 11.4.1 City’s Existing Rate Structure The City’s current rate structure includes a flat rate of $4.67 per account per month plus a variable rate of $3.87 per month per equivalent residential unit (ERU). For a typical single-family customer, this equates to $8.54 per month per account. For non-single-family customers, the flat rate of $4.67 per month applies once per account, and the $3.87 per ERU charge applies to each 2,700 impervious square feet associated with the property. Table 24 – City of Bozeman’s Current Stormwater Rate Structure (FY 2025) Rate Type Monthly Charge Flat Rate per Account $4.67 per account Variable Rate per Account $3.87 per equivalent residential unit Source: https://www.bozeman.net/departments/utilities/stormwater/learn-about-my-utility-bill In the cases where a customer does not have a water meter but they do have an impervious area, it is our understanding these “stormwater only” accounts still get a flat and variable rate as appropriate. If the City does not already charge City-owned parcels (e.g., City Hall, parks, etc.), it should consider doing so, just as those parcels pay for other utilities such as water, sewer, electricity, etc. 11.4.2 Rate Structure Policy Analysis The most common approach in the stormwater utility industry is to charge customers based on impervious surface area, resulting in a rate expressed as a dollar amount per equivalent residential unit (ERU). Impervious surface area is a generally accepted measure of runoff contribution, providing the basis for rates in most stormwater utilities. Some communities are beginning to consider or have already implemented “fixed plus variable” rate structures (like the City of Bozeman). For example, a per-account charge that recovers costs that tend not to vary from customer to customer (e.g., customer billing, education, outreach, etc.) would be supplemented by a “variable” charge based on the impervious area to recover remaining costs. Another emerging trend in stormwater ratemaking is tiered rate structures for single-family homes. To provide more tailored billing, parcels by impervious footprint are categorized into "Small," "Medium," "Large," and/or "Measured" tiers. Despite potential added administrative costs, utilizing a tiered single- family stormwater rate structure generally results in more equitable (cost-of-service equity) treatment of single-family customers by further aligning charges with the impervious areas. 363 2025 Bozeman Stormwater Facilities Plan | Page 85 11.4.3 Rate Structure Evaluation FCS provided the following suggestions during a meeting with City staff in April of 2023: • The City’s rate structure includes both a flat and variable rate. The variable rate is based on impervious surface area. No changes are recommended to the structure at this time, as this is generally consistent with industry best practices. o Consider evaluating the “flat charge” amount to determine if this recovers costs that tend not to vary from customer to customer (e.g., customer billing, education and outreach, program administration, etc.). • The City charges for impervious areas even if a parcel has no water meter, which is a good practice (e.g., a parking lot). Another observation is that the City’s definition of an equivalent residential unit is defined in a rate resolution which is a good practice. As the monthly single-family rate increases over time, the City might consider evaluating whether it would be administratively feasible to implement single-family tiered rates to better align residential rates with the variety of impervious footprints that exist across residential parcels. 11.5 Rate Credit Review 11.5.1 City’s Existing Credit and Discount Programs The City currently offers two types of rate adjustments – infrastructure credits and low-income discounts – as detailed in Figure 32. Source: https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/1052165/Resolution_5272_- _Stormwater_Rates_FY22.pdf Figure 32 – Current Credits / Discounts According to City of Bozeman Resolution 5272 The City’s website notes that multiple levels of credits fall within Section 4. Some parcels receive automatic enrollment to the 45% credit level. These levels are shown in Table 25. 364 2025 Bozeman Stormwater Facilities Plan | Page 86 Table 25 – City of Bozeman’s Utility Rate Credit Program Credit Level Variable Rate Discount Quality Requirement Level 1 45% Infiltrate first .50" OR Treat to 80% TSS Removal Level 2 65% Infiltrate first 0.51" to 0.99" Level 3 85% Infiltrate first 1.0" or more Source: https://www.bozeman.net/departments/utilities/stormwater/learn-about-my-utility-bill 11.5.2 Rate Credit Policy Analysis When considering if and how much to charge or credit different types of customers, it is important to remember that a stormwater rate is a fee for service, not a tax. As such, the level of a customer’s charge must relate to that customer’s proportionate share of the utility’s costs. Overly “generous” credit policies that provide credits that are not cost-based have the potential to move a utility away from the rational linkage between the service delivered and the fee amount. Hence, the utility should bear in mind the financial ramifications, including the cost-of-service equity and legal defensibility of any proposed credits, as well as the burden required to implement and administer such programs. Many stormwater utility costs are essentially “fixed” regardless of the level of mitigation collectively provided by ratepayers. Thus, rate credits should only compensate for the “variable” program cost components that onsite mitigation can impact. Utilizing such a methodology aligns the credits offered with the estimated reduction in utility expenditures from creditable activities. A possible analysis framework could allocate all the stormwater utility’s costs into either “fixed” or “variable” categories. For example, the stormwater utility's administrative costs are considered “fixed” costs because they do not generally change with varying levels of onsite mitigation on specific parcels. Meanwhile, “variable” costs (e.g., repair and maintenance) are generally more likely to vary with the amount of stormwater runoff managed by customers onsite. There is no one-size-fits-all approach to stormwater rate credit programs. Many utilities offer multiple types of rate credits, while others do not. Practices vary by jurisdiction based on policy goals, staff’s ability to administer the program, and even the capabilities of the billing system. 11.5.3 Rate Credit Evaluation FCS provided the following suggestions during a meeting with City staff in April of 2023: • Consider requiring an application instead of automatically applying the 45% credit. • Consider only offering credits for parcels that exceed current engineering standards. o It could be argued that the cost of meeting current jurisdiction standards and constructing onsite mitigation should be considered a cost of developing within the service area, with no offsetting credits or assistance, since onsite mitigation only partially neutralizes the impact of developing the property in the first place. • Consider evaluating potential cost savings for each level to determine whether the credit level aligns with utility cost savings (especially the 65% and 85% credits). 365 2025 Bozeman Stormwater Facilities Plan | Page 87 11.6 Facility-Specific Funding Options Many communities have implemented monthly service rates or connection charges that recover a subset of overall operating (service rates) or capital (connection charge) costs. The City was interested in some examples used by other communities that they could potentially implement in the future. Below are a few examples. • The Cities of Redmond, WA, and Bothell, WA, have additional facilities charges (connection charges) that apply to select subbasins to recover the cost of regional facilities that serve such basins. These charges are shown in Figure 33 and Figure 34. Source: Development Engineering Fee Schedule, Effective 2/1/2024, https://www.redmond.gov/504/Development-Services-Fees Figure 33 – City of Redmond, WA – Regional Capital Facilities Charge Source: https://www.bothellwa.gov/DocumentCenter/View/879/E---Public-Works-Fees-PDF?bidId= Figure 34 – City of Bothell, WA – Downtown Sub-Basin Area Facility Charge • Certain customers in Pierce County, WA, pay water quality and/or river services charges on top of a base charge that all customers pay. This type of structure helps recover certain types of costs from a subset of customers that specifically benefit from such services. This structure is shown in Figure 35. 366 2025 Bozeman Stormwater Facilities Plan | Page 88 Figure 35 – Pierce County, WA – Area Specific Service Charges The development of basin or facility-specific monthly rates or connection charges can allow a utility to better recover subsets of costs from certain groups of customers that benefit from said costs. However, it can also require more time to set up, maintain, and account for both revenues received and how revenue is spent. That additional administrative burden must be weighed against the greater cost of service equity. The City could consider incorporating connection charges/system impact fees for different parts of the City to help fund the construction of the stormwater infrastructure. This could include impact fees for new and redevelopment in the downtown area to help fund upsizing storm drains constructed prior to 1980, including VCP (clay-tile) pipe. With the growth of the City to the west, the City could look at system impact fees for West Bozeman to deal with stormwater infrastructure in West Bozeman. It could include paying for improvements to the open channel and culverts that ultimately convey the stormwater to the Gallatin River. Other basin or facility-specific funding may be considered in the future after stormwater planning studies are completed and the feasibility of regional stormwater solutions is investigated. 11.7 Funding the Stormwater Facilities of Transportation Projects Based on our understanding, through discussions with DOWL, the City of Bozeman Stormwater Program currently does not fund stormwater infrastructure associated with transportation-related capital improvement projects. These improvements are typically financed through other City funds and not through the stormwater utility. The following summarizes industry practices and recommendations on how the City could fund this stormwater infrastructure through the stormwater utility in the future. 11.7.1 Industry Practices Within an equitable cost recovery framework, it is reasonable that those respective utilities should pay for major costs related to enterprise fund utilities. It follows, then, that a stormwater utility may, and perhaps should, pay for the stormwater-related capital cost within a transportation project. Additionally, it is often more cost-effective to coordinate the timing of various utility projects when possible so that the street does not need to be torn up and restored to install stormwater infrastructure at a different time. In practice, it is not uncommon for a stormwater utility to fund stormwater capital costs that are specifically related to transportation projects. FCS has recently worked with several jurisdictions that contribute resources to these types of expenses. 11.7.2 City Objectives The City’s stormwater utility fund is organized as an enterprise fund. Therefore, the stormwater utility is intended to be self-sustaining and recover its operating and capital costs. Based on these objectives, it 367 2025 Bozeman Stormwater Facilities Plan | Page 89 may be concluded that the Stormwater Utility should fund both standalone and related stormwater portions of transportation projects to avoid a subsidy from the transportation fund. 11.7.3 Recommendations and Approaches Based on the analysis above, FCS recommends that the City’s stormwater utility fund the portions of transportation projects that can be attributed to stormwater-related functions provided that the following items are verified and monitored over time: the methodology of the contribution amount; potential differences between budgeted transfers versus actual expenditures; and the City’s transportation impact fee does not include duplicative stormwater-related capital expenditures (if the City were ever to implement a stormwater impact fee). The amount of stormwater costs relative to transportation-only costs should be developed in a defensible way, such as by using one of the following methodologies: • Project-by-project basis: If the unique amount of each project related to stormwater management can be easily identified, it is the most defensible accounting practice to isolate and transfer just that amount. • Apply a percentage: Another alternative would be to analyze several “as-builts” or project bids to determine an average (or median) amount of a typical transportation project that is stormwater related. For example, if it is determined that 20% of a typical transportation project serves stormwater functions, that percentage could be applied to the annual transportation capital spending budget to arrive at an amount that the stormwater utility should fund. It is recommended that the rate be occasionally reviewed and updated as necessary. This methodology helps avoid a potentially time-consuming analysis for each transportation project. • Fixed annual amount: A third approach is to establish an average annual funding transfer from stormwater to help fund the stormwater portion of transportation projects. This approach requires periodic calibration but is perhaps the easiest to budget from year to year. The required transfer is stable and predictable. If the stormwater fund provides resources to the transportation utility before projects are constructed, actual versus budgeted transportation capital spending should be evaluated on a routine basis. 11.7.4 Stormwater Impact Fee vs. Transportation Impact Fee If the stormwater utility funds portions of transportation infrastructure related to stormwater management, those stormwater assets should then be booked and accounted for in the stormwater utility and should not be included in the transportation impact fee. This would help the City avoid including the same project in the transportation impact fee and a potential stormwater impact fee if the City were to consider and/or implement a stormwater impact fee in the future. 11.8 Funding for New Buildings and Land Through discussions with DOWL, FCS is aware of the need for additional space to accommodate vehicles and equipment. The costs associated with land and building required for new acquisitions, such as a vac truck and a TV van, would be factored into the utility rate study. As part of the ongoing Water, Sewer, and 368 2025 Bozeman Stormwater Facilities Plan | Page 90 Stormwater rate project, the City has begun addressing this issue through the "Shops Complex" project, as shown in Table 23. 11.9 Summary and Recommendations 11.9.1 Rate Study Overview A utility’s rates should be set to recover the cost of providing service, which includes funding both operating and capital expenditures. Funding for capital expenditures could come in the form of monthly rate revenue, one-time connection charges/impact fees paid by developers, and/or from borrowing money via state loans or by issuing revenue bonds. While operating and capital requirements may vary by program element (e.g., operations and maintenance vs. capital improvements vs. program administration), it is essential to base rate decisions on a wholistic rate evaluation that considers all elements of a utility so that decision-makers can evaluate the rate impacts of various components and prioritize as needed. Over the past couple of years, the City’s expenses have increased faster than rate revenues, which has reduced the amount of rate revenue that is available for capital. Rates will likely need to increase to cover financial obligations already identified as well as obligations identified in upcoming element-specific evaluations. With the different recommendations highlighted above, when said information is available, it is recommended that the City complete a detailed, needs-based stormwater rate study focusing on various levels of services for each major part of the program. The City can start with the information provided in this report, refine the data, and fill in the data gaps with some additional investigation to help define costs associated with staff, equipment, and other capital projects. This information can then be broken down into various service levels to help understand the stormwater utility rate needed to meet the desired levels of services. By providing multiple levels of service, the City can clearly define to the commission and community what they would be getting with different levels of associated rate adjustments. FCS is currently assisting the City with a water, sewer, and stormwater rate study. If element-specific evaluations are available at the time of the current multi-year study, that information should be incorporated into said rate study. Otherwise, once a gap analysis has been performed in the future, as described in Figure 30 and Table 22, the City should reevaluate the sufficiency of the rates at that time. 11.9.2 Rate Structure and Rate Credits The City’s rate structure is generally in line with industry best practices, and no material changes are recommended at this time. However, the City may want to consider tiered single-family rates in the future. FCS recommends that the City review its rate credit policies and consider whether credits should be given for simply meeting development requirements rather than only for exceeding them. FCS also recommends that the City evaluate the level of its credits to determine if it is giving away more credits than it is receiving in value from a customer’s onsite activities. The City’s current rate credits range 369 2025 Bozeman Stormwater Facilities Plan | Page 91 from 45% to 85%. Many of a utility’s costs are essentially fixed and tend not to be impacted by customer actions. 11.9.3 Facility-Specific Fund Strategies The City could consider a Citywide system impact fee or area-specific fees for areas affected by new or redevelopment projects. Conducting this fee assessment would help determine a justifiable fee and evaluate the costs of administering these fees. 370 2025 Bozeman Stormwater Facilities Plan | Page 92 12.0 RECOMMENDATIONS Over the last few decades, the City’s Stormwater Program has made impressive strides by embracing modern technology and innovative practices. The program integrated advanced GIS mapping and CityWorks to enhance operational capacities, significantly boosting work efforts and documentation for MS4 compliance. Additionally, an enhanced inspection and maintenance process has been established for most facilities, reflecting a strong commitment to proactive management. With all of these advancements, there is still some room for improvement in the City's Stormwater Program. The City currently faces a range of critical needs, spanning MS4 compliance, operations and maintenance, planning, capital improvement, and administration needs. One of the most significant challenges facing the program is securing adequate funding to support these efforts. This 2025 Plan highlights a range of potential improvements to the City’s Stormwater Program; however, not all of these can be addressed at once. The following is DOWL’s prioritized plan for addressing the recommendations outlined in this Stormwater Facilities Plan. 12.1 Priority-Based Action Plan 1. Resolve MS4 Compliance Violations Meeting compliance with the MDEQ MS4 program is a top priority for the City. Recent audits have highlighted violations that require immediate attention, which can be addressed with the current Stormwater Program staff and funding. The City should develop formal policy changes for post- construction stormwater management and establish an inspection workflow for public, private, and HOA facilities. In addition, the City should create policies for private and HOA facilities, including an enforcement response plan, and identify and prioritize ponds with design-related issues for redesign and planning future capital improvement projects to fix these facilities. These measures will ensure the City remains compliant with MS4 requirements while setting a better foundation for its Post-Construction Inspection program. 2. Secure Sustainable Funding The success of many program improvements hinges on securing additional funding. The City must transition from relying on managing and operating the Stormwater Program on available funds from the current stormwater utility rate to conducting a needs-based assessment. Key steps include performing a gap analysis to define service levels and associated costs, identifying necessary investments in staff, equipment, and other budgets to meet their needs, conducting a rate study to determine adjustments to the stormwater utility rate, and an assessment of development impact fees. After gaining this information, the City can engage and educate the public and City Commission to achieve consensus on the appropriate rate increases. This process will provide a stable funding source, enabling the City to address other priorities on this list. 3. Address Deferred Maintenance Aging infrastructure presents significant risks, including localized flooding, road closures, disruptions to the community and nearby businesses, and expensive emergency repairs. Priority should be given to facilities nearing failure, particularly the vitrified clay tile storm drain. While this pipe is currently being repaired or replaced through the Historic Pipe Replacement Program, the current replacement rate is 371 2025 Bozeman Stormwater Facilities Plan | Page 93 insufficient, increasing the likelihood of failures if the pace is not accelerated. Other critical facilities, such as culverts and inlets at risk of failure, should also be evaluated and prioritized based on their potential impacts. Efforts to secure additional funding through a utility rate adjustment will provide the resources needed to plan these replacement projects without relying solely on or waiting for other project opportunities. Proactively addressing deferred maintenance will enable the City to avoid costly emergencies, enhance public safety, and maintain more stable and reliable long-term capital improvement plans. 4. Complete West Bozeman Planning Studies Bozeman’s rapid westward growth necessitates comprehensive planning to guide responsible stormwater management. Having more information on the holistic drainage needs of West Bozeman can help the City guide new developments and come up with practical stormwater solutions that benefit the new developments and the City. The West Bozeman South and North planning studies would give the city more information on the impacts and limitations of the Farmers Canal, addressing south-to-north drainage systems, defining the potential for regional detention facilities, and identifying opportunities for collaborative solutions with future developments. These studies will help the City stay ahead of development pressures and prevent missed opportunities for effective stormwater management. As the city continues to grow, additional planning study areas may need to be evaluated to stay ahead of development demands. 5. Develop a Culvert Maintenance and Replacement Program Understanding the condition and functionality of the City’s culverts is essential for long-term operations and maintenance. Implementing the culvert program recommendations provided in Section 13.0 will allow the City to understand this asset better and establish a routine maintenance program and deferred maintenance needs. 6. Enhance Understanding of Open Channels Open channels play a vital role in conveying stormwater away from the City and into the Gallatin River. To better understand these critical assets, the city should conduct a detailed inventory to identify capacity and bottlenecks. 7. Advance Capital Improvement Projects The City should continue to invest and plan out capital improvement projects. As efforts from Priority #2 become available, the City will have more funding to implement additional capital improvement projects. The City should prioritize deferred maintenance projects as discussed in Priority #3, focus on water quality needs on Bozeman Creek and Mandeville Creek, and then finally address capacity need projects, as many of these projects are associated with nuisance flooding with little to no damage claims. Priority should be given to projects addressing multiple issues, such as downtown infiltration galleries and Arthur Street improvements. The downtown infiltration galleries project addresses deferred maintenance issues while incorporating water quality benefits. The Arthur Street improvement project addresses deferred maintenance and capacity-related issues. 372 2025 Bozeman Stormwater Facilities Plan | Page 94 8. Enhance Operations and Maintenance Practices As additional funding becomes available, the City should expand operations and maintenance efforts to include new facilities like ponds, culverts, and open channels and increase staff, equipment, and budgets to meet their desired five-year maintenance cycle. 9. Improve GIS Inventory and Asset Management The City is currently operating and maintaining its stormwater facilities using the current GIS data. Recommendations in this report should be implemented sooner rather than later to increase data reliability and improve efficiencies throughout their program; however, this is not as important as the priorities above. A sophisticated GIS program is desired in the future. As funding or resources allow, the City should look at doing a stormwater asset data management project and additional inventory of the stormwater facilities to document its assets better. However, it is recommended that as the City proceeds with the above priorities, the existing GIS data be updated as information becomes available. This may include populating the size and material of culverts that are investigated as part of the Culvert Maintenance and Replacement Program, updating the storm drain data as pipes are replaced as part of the Historic Pipe Replacement Program, and documenting survey data such as invert and rim elevations that may be collected as part of the West Bozeman Planning Studies. 10. Address Program Administration Improvements Minor program administration enhancements can increase efficiency and should be implemented as opportunities arise. These include improving GIS and billing processes, delegating SWPPP administration, and enhancing departmental coordination and record-keeping systems. 12.2 Conclusion While this prioritization plan provides a structured approach to addressing the City’s stormwater needs, it is essential to remain flexible as circumstances evolve. By focusing on these recommendations in order of priority, Bozeman can build a resilient and sustainable Stormwater Program that meets current and future challenges. 373 2025 Bozeman Stormwater Facilities Plan | Page 95 13.0 CULVERT MAINTENANCE AND REPLACEMENT PROGRAM The City currently does not have a formal program for culvert inspection, maintenance, and replacement. The following section describes a process that the City could implement to initiate such a program. The goal of the City of Bozeman Culvert Maintenance and Replacement Program is to effectively manage and maintain its stormwater culvert assets by identifying responsibilities, documenting key attributes, establishing inspection protocols, and prioritizing maintenance, repair, and replacement activities. Development of this program can be completed with the City’s Stormwater Administration staff if time is available, but it can also be outsourced to an experienced professional. 13.1 Preliminary Inventory The preliminary inventory phase is a critical first step in developing the Culvert Maintenance and Replacement Program. The process begins with a review of available data and using aerial imagery and LiDAR mapping to help identify culverts that convey stormwater runoff from the City facilities. This office review would be followed by a field verification process to sort out areas of uncertainty or discrepancy. Coordination with other stakeholders, such as Montana State University (MSU), Gallatin County, and the Montana Department of Transportation (MDT), is essential to clarify the ownership and maintenance responsibilities for the identified culverts. This phase will also involve defining annual maintenance responsibilities, including trash removal after storms, sediment cleanout, and structural repairs and replacements as necessary. Discussions should also address when maintenance responsibilities are transferred from one stakeholder to another, such as when the City annexes areas. By the end of this phase, the City should have a solid understanding of which culverts fall under its responsibility for ongoing management and maintenance. 13.2 Preliminary Inspection Protocols The next phase involves the development of inspection protocols, including a preliminary inspection form to assess the condition and attributes of the culverts identified in the inventory phase. A review of existing culvert inspection programs and guidelines would be a good starting point in developing a preliminary inspection form. Key programs and guidelines to review and emulate include the Federal Highway Administration (FHWA) Culvert Inspection Manual, the Montana Department of Transportation (MDT) preliminary inspection process, and guidelines from the National Association of Sewer Service Companies (NASSCO). Drawing from these resources, the preliminary inspection form will document key culvert attributes, including size, material, length, end treatment, cover, purpose, flow condition (whether continual or intermittent), and deficiency types and severity. DOWL has provided recommendations for essential culvert attributes to be included, as presented in Appendix A. A key component of the inspection process will involve developing a field data collection system, such as an ArcGIS Online or ArcGIS Enterprise database, which allows crews to input data directly from mobile devices while capturing photos of conditions. The input on this form may also benefit from consultation with the City asset management specialist to ensure comprehensive data collection. The form will identify common culvert deficiencies, including sediment deposition, debris accumulation, corrosion, deflections, cracking, joint separations, and inlet or outlet erosion. The severity of these deficiencies could be classified as minor, moderate, and major. Additionally, it will assess risks such as failure or clogging, including 374 2025 Bozeman Stormwater Facilities Plan | Page 96 whether upstream properties could be impacted. While the form could initially be in paper format, the goal is to transition to a GIS-based system for efficient management and data access. To test the effectiveness of the preliminary inspection form, a sample of 50 to 100 culverts would be assessed, providing insights that may lead to adjustments in the form or GIS database. Based on this initial assessment, a classification system would be developed to prioritize maintenance, repairs, or replacements. Deficiencies would be categorized as minor (requiring no action but ongoing monitoring), moderate (requiring repair and scheduled cleaning), or major (requiring immediate attention). This process would be facilitated by the GIS database, which will serve as a tool to track inspections and document culvert conditions for long-term management. A culvert deficiencies and severity guidance document is essential for maintaining consistency across inspections conducted by various personnel. The City should clearly define each type of deficiency—such as sediment deposition, corrosion, or joint separations—and link them to specific severity ratings (minor, moderate, or major) so that the inspectors evaluating the conditions are using the same criteria. Incorporating photographs that visually represent these deficiencies and their severity levels provides a standardized reference, reducing subjectivity and improving the accuracy of assessments. The City will also need to complete a capacity analysis of the culverts. This analysis will require detailed information on culvert inlet and outlet elevations, length, inlet and outlet treatments, overtopping elevation, downstream channel section and slope, and photographs to estimate channel roughness to determine the capacity of the culvert before overtopping. In some cases, base flows within the channel will need to be estimated to understand the reduction in culvert capacity to convey stormwater flows. A flow measurement program on the open channel could greatly assist in understanding channel performance and baseflows. 13.3 Inspection Frequency Inspection frequency should be determined based on the overall number of culverts for which the City is responsible, the availability of staff and resources, and the condition of individual culverts. A baseline frequency of inspecting all culverts every five years is recommended, with adjustments made as staff capacity increases or specific needs arise. Culverts identified as being in poor condition or those showing signs of deterioration should be inspected more frequently to mitigate risks and prioritize timely repairs. Additional factors, such as the material, age, location, and load-bearing capacity of the culverts and those exposed to significant stormwater flows, should also inform inspection schedules. In addition to periodic inspections, the City’s Streets Division currently cleans debris and track racks after major storm events to maintain functionality and prevent blockages. While primarily focused on debris removal, these efforts can also serve as an opportunity for a preliminary site review of the culvert, potentially identifying issues that warrant a more thorough inspection. 13.4 Maintenance, Repairs, and Replacement Effective maintenance, timely repairs, and strategic replacement are essential components of the City of Bozeman’s Culvert Program to ensure the functionality and longevity of its stormwater infrastructure. Routine maintenance tasks, such as debris removal, vegetation management, erosion control, joint and seal cleaning, and inlet/outlet repairs, can be handled by the City’s maintenance staff. These activities 375 2025 Bozeman Stormwater Facilities Plan | Page 97 may require specialized equipment, such as vacuum trucks, jetting tools, and erosion protection materials. Additional tasks, including patching, crack repairs, replacing deteriorated sections, and applying coatings or paints to prevent corrosion, are also within the scope of regular maintenance. For larger projects, the City must determine whether rehabilitation work, such as lining culverts or performing full replacements, can be accomplished by City crews or if outsourcing is necessary. Emergency responses, such as addressing culvert failures, as well as major projects like full replacements, upsizing, or relining, may require outsourcing to contractors. In these cases, bundling multiple culverts into a single project could improve efficiency and reduce costs. Permitting requirements will also guide maintenance and repair activities. Minor tasks, such as debris removal, vacuuming, and minor bank shaping, may not require permits. However, significant work in flowing channels, including jetting, riprap placement, or dewatering, may necessitate permits. To streamline this process, the City should consider applying for a 10-year Army Corps of Engineers maintenance permit to cover ongoing maintenance activities, reducing the need for site-specific permits for individual culverts. 13.5 Culvert Deferred Maintenance Assessing deferred maintenance is a critical step in understanding the overall condition of the City’s culvert system and planning for long-term management. Using a sample set of inspected culverts, the City can evaluate current conditions and define the required maintenance, repair, and replacement activities. By assigning costs to these activities—such as debris removal, erosion control, patching, or full replacements—the City can develop a cost framework for various levels of maintenance. The conditions observed in the sample set will provide the basis for extrapolating the overall state of the City’s culvert inventory. A methodology should be developed to correlate the findings from the sample to the larger system, using factors such as culvert size, material, age, location, and observed deficiencies. This approach allows the City to estimate deferred maintenance needs across its entire inventory, even for culverts not yet individually inspected. By correlating culvert conditions to maintenance costs, the City can generate a comprehensive estimate of deferred maintenance requirements. 13.6 Program Planning and Funding After determining the overall deferred maintenance cost, the City should start planning and budgeting for the various culvert maintenance needs. Using data from inspections and condition assessments, it is recommended that the City develop an annual culvert maintenance budget. Based on the extrapolated condition data, the City can estimate a realistic timeline for addressing deferred maintenance. This timeline will serve as a roadmap for completing necessary repairs, rehabilitations, and replacements while minimizing disruptions to the stormwater system. Concurrently, the City should initiate planning for a future Capital Improvement Program (CIP) dedicated to culvert rehabilitation and replacement, incorporating findings from the condition assessments and estimated costs. Additionally, staff and equipment costs for performing certain maintenance activities in-house should be identified and incorporated into the annual operations and maintenance budget. By balancing internal 376 2025 Bozeman Stormwater Facilities Plan | Page 98 resources with the need for outsourced contractors on larger projects, the City can create a sustainable program that addresses both immediate and long-term culvert maintenance needs. 13.7 Implementation It is recommended that the City utilize a phased approach to implementation that starts with inventorying the culvert ownership and responsibilities, developing an inspection form and process, and conducting a sample set of inspections for extrapolating an estimate of deferred maintenance needs. This will determine the necessary staff, equipment, and funding to establish the program. With these steps completed, the City will have a clearer understanding of the scope of work required and can make informed decisions regarding the timeline to get to a fully developed program. The preliminary phase may take a few years to complete, and the next phase could include inspecting all the culverts over a five-year timeline. The program can be adjusted as new information becomes available. 377 2025 Bozeman Stormwater Facilities Plan | Page 99 14.0 REFERENCES [1] M. M. HDR, "Bozeman Stormwater Facilities Plan," 2008. [2] DOWL, "Post-Construction Program Review & Recommendation," 2023. [3] MDEQ, "General Permit For Storm Water Discharges Associated With Municipal Separate Storm Sewer Systems (MS4s)," 2022. [4] MDEQ, "Lower Gallatin Planning Area TMDLs & Framework Water Quality Improvement Plan," Montana Department of Environmental Quality, Helena, 2013. [5] HDR, "Montana Post-Construction Storm Water BMP Design Guidance Manual," 2017. [6] M. A. F. G. DOWL, "Post-Construction Program Review & Recommendations," 2023. [7] City of Bozeman, "City of Bozeman Design and Construction Standards," Bozeman, 2024. [8] City of Bozeman, "Budget & Financial Reports, Fiscal Years 2025-2029," December 2023. [Online]. Available: https://www.bozeman.net/home/showpublisheddocument/14066/638451500522400000. [Accessed December 2024]. [9] City of Bozeman, "Budget & Financial Reports, Fiscal Years 2026-2030," December 2024. [Online]. Available: https://www.bozeman.net/home/showpublisheddocument/14747/638711480881100000. [Accessed December 2024]. [10] MDEQ, "Clean Water Act Information Center," 2024. [Online]. Available: https://gis.mtdeq.us/portal/apps/webappviewer/index.html?id=708aae89f060403db2710378ac49 45f0. [Accessed 2024]. [11] City of Bozeman, "Stormwater Management Plan 2023 Update," Bozeman, 2024. [12] Black & Veatch, "2021 Stormwater Utility Survey Report," 2021. [13] MDEQ, "Storm Water Discharges Associated with MS4s," Bozeman, 2023. 378 APPENDIX A: GIS TABLES 379 Data Sets Number/Length of Elements Existing Key Attributes O&M Attributes Attributes to Delete Missing Attributes Data Gaps Potential Recommendation Culverts (Culverts_Final_Draft) 721 18.1 miles Owner_Name Pipe_Material Pipe_Shape Length Pipe_Diameter Upstream_Invert Downstream_Invert Install_Date Yes Main_Category Inlet & Outlet Treatment Types Road Crossing 60% of Ownership is Unknown 100% of Invert Elevations is Unknown 35% of Install Date is Unknown Missing Data on Shape and Size Change Pipe_Diameter to Pipe_Size to handle arch and box culverts with different span and rise dimensions Inspect and populate Unknown Data & Ownership Add Inlet & Outlet Treatment Type & Road Crossing Attributes Inventory Missing Culverts Should define culverts versus pipelines/storm drain Rename and overwrite SWCulvert Data Set Change projected coordinate system units from meters to feet Consider making a separate GIS feature class that has all "Removed" and "Abandoned" structures and deleting them from the primary dataset Detention Ponds (SWDetentionPond) 1262 98.0 acres Owner_Name Volume Install_Date Length Width Depth No Slope Invert_Height GNSS_Height Hyperlink Warranty_Date GPS_Date Datafile Rcvr_Type Vert_Prec Horz_Prec Storage_Type Owner_Type Maintenance & Inspection Tracking Attributes 82% to 100% of Storage Facility Dimension is Unknown 97% of Install Date is Unknown Change data set name to SW_Storage_Facilities and add attribute for Storage_Type Add Owner_Type attribute to focus on HOA, Private, Public, and Other; Put HOA name only into the Owner_Name attribute Inspect and populate Unknown Data Change attribute name Data_Source to Waterway Change projected coordinate system units from meters to feet Consider making a separate GIS feature class that has all "Removed" and "Abandoned" structures and deleting them from the primary dataset In lieu of recording GPS_Date, Rcvr_Type, etc, add a Collection_Type attribute that records how data was collected (survey, LiDAR, etc) Gravity Main (SWGravityMain) 7395 124.0 miles Owner_Name Pipe_Material Pipe_Shape Length Pipe_Diameter Upstream_Invert Downstream_Invert Install_Date Yes 100% of Invert Elevations is Unknown 43% of Install Date is Unknown Missing Data on Shape, Size & Pipe Material 10% of Pipe Material and Diameter are unknown Change Pipe_Diameter to Pipe_Size to handle arch and box storm drain sizes with different span and rise dimensions Inspect and populate Unknown Data Inventory MSU Storm Drain to Verify Facilities Change projected coordinate system units from meters to feet Consider making a separate GIS feature class that has all "Removed" and "Abandoned" structures and deleting them from the primary dataset Inlets (SWInlets) 4809 Owner_Name Inlet_Type Grate_Type Barrel_Type Inlet_Depth Invert_Height Invert_Elevation Install_Date Yes Inlet_Condition (Sag or On-grade) 10% of Inlet Type is Unknown 26% of Grate Type is Unknown 100% of Grate and Invert Elevations is Unknown 39% of Install Date is Unknown Rename Invert_Height attribute to Grate_Elevation Refine Domain for Inlet_Type & Grate_Type to more typical naming convention Inspect and populate Unknown Data Change projected coordinate system units from meters to feet Consider making a separate GIS feature class that has all "Removed" and "Abandoned" structures and deleting them from the primary dataset 380 Data Sets Number/Length of Elements Existing Key Attributes O&M Attributes Attributes to Delete Missing Attributes Data Gaps Potential Recommendation Manholes (SWManholes) 2405 Owner_Name Cover_Type Access_Diameter Barrel_Depth Barrel_Width Wall_Material Invert_Height Invert_Elevation Sump_Depth Install_Date Yes Hyperlink Datafile Rcvr_Type Vert_Prec Horz_Prec N/A 82% of Wall Material is Unknown 100% of Lid and Invert Elevations is Unknown 96% of Barrel Width is Unknown 50% of Install Date is Unknown Rename Invert_Height attribute to Lid_Elevation Inspect and populate Unknown Data Change projected coordinate system units from meters to feet Consider making a separate GIS feature class that has all "Removed" and "Abandoned" structures and deleting them from the primary dataset In lieu of recording GPS_Date, Rcvr_Type, etc, add a Collection_Type attribute that records how data was collected (survey, LiDAR, etc) Outfalls (SWOutfalls) 704 Owner_Name Diameter Pipe_Material Waterway ORI Flow Present Terminus_Type Discharge_Type Install_Date Invert_Elevation Install_Date No Invert_Height GNSS_Height Outlet Structure and Protection Erosion 21% of ORI Flow Present is Unknown 15% of Discharge Type is Unknown 15% of Material Type and Diameter is Unknown Inspect and populate Unknown Data Add attribute for Outlet Structure or Outlet Protection Add a yes and no attribute for Erosion Change projected coordinate system units from meters to feet Consider making a separate GIS feature class that has all "Removed" and "Abandoned" structures and deleting them from the primary dataset Wells (SWWells) 16 Owner_Name Type Install_Date No Invert_Height Hyperlink GPS_Date Datafile Rcvr_Type Vert_Prec Horz_Prec Depth Purpose Only Location Identify in Attributes Need to determine domains for Type, Depth, and Purpose Is the asset you're managing the pump or the well? Should this be a "Pump" feature class with a "Well" attribute option? One point calls out lift station, should this be moved to a pump data? Change projected coordinate system units from meters to feet Consider making a separate GIS feature class that has all "Removed" and "Abandoned" structures and deleting them from the primary dataset In lieu of recording GPS_Date, Rcvr_Type, etc, add a Collection_Type attribute that records how data was collected (survey, LiDAR, etc) Curb Chases (SWCurbChase) 237 Owner_Name Height Width Length Invert_Height Invert_Elevation Install_Date Yes Invert_Height Warranty_Date Hyperlink GPS_Date Datafile Rcvr_Type Vert_Prec Horz_Prec Type (Curb Bulbout, Sidewalk, Valley Gutter) 60% of the Dimensions are Unknown 100% of Invert Elevation is Unknown 100% of the Install Date is Unknown Inspect and populate Unknown Data Add attribute for Type Change projected coordinate system units from meters to feet Consider making a separate GIS feature class that has all "Removed" and "Abandoned" structures and deleting them from the primary dataset In lieu of recording GPS_Date, Rcvr_Type, etc, add a Collection_Type attribute that records how data was collected (survey, LiDAR, etc) 381 Data Sets Number/Length of Elements Existing Key Attributes O&M Attributes Attributes to Delete Missing Attributes Data Gaps Potential Recommendation Outlet Structures[1] (SWOutletStructure) 424 Owner_Name Slot_Dimension Slot_Height Barrel_Type Barrel_Width Barrel_Depth Invert_Height Invert_Elevation Install_Date No Invert_Height Shape Data_Sourc Invert_Height GPS_Date Datafile Rcvr_Type Vert_Prec Horz_Prec Type (Grate, Multi-Stage Structure,etc.) Storage Facility Associated With 71% of the Dimensions are Unknown 100% of Invert Elevation is Unknown 98% of the Install Date is Unknown Inspect and populate Unknown Data Add attribute for Type Associate Outlet Structures with Storage Pond Change projected coordinate system units from meters to feet Consider making a separate GIS feature class that has all "Removed" and "Abandoned" structures and deleting them from the primary dataset In lieu of recording GPS_Date, Rcvr_Type, etc, add a Collection_Type attribute that records how data was collected (survey, LiDAR, etc) Treatment Units (SWTreatmentSystem) 46 Owner_Name Name Type Invert_Height Invert_Elevation Install_Date No Feature_CI Field_Name Field_Type Precision_ Scale Length Data_Sourc Invert_Height GPS_Date Datafile Rcvr_Type Vert_Prec Horz_Prec N/A 20% of the Ownership is Unknown 100% of Type is not filled out 46% of the Install Date is Unknown Inspect and populate Unknown Data Populate Type with type of treatment system and remove description from Name attribute Change projected coordinate system units from meters to feet Consider making a separate GIS feature class that has all "Removed" and "Abandoned" structures and deleting them from the primary dataset In lieu of recording GPS_Date, Rcvr_Type, etc, add a Collection_Type attribute that records how data was collected (survey, LiDAR, etc) Open Channels (BozemanHydrology_202307) 106.7 milies Owner_Name Stream_Order Flow Length Name Shape No Join_Count Target_FID Join_ Cou_1 Target_F_1 Type_20220 Secondary_ Orig_FID Orig_SEQ Type (Drainage, Irrigation, Combination, Stream) 12% of DLG_Status is not filled out 49% of RESP_PARTY is not filled out Remove Stream name from the Comment Field Add dimensions for the fields Add Water Source field Change projected coordinate system units from meters to feet Identify which drainages the City has interest in maintaining [1] Outlet structures estimated based off of the online Infastructure Viewer 382 APPENDIX B: CAPITAL IMPROVEMENT NEEDS FOR PRE-1980 STORMWATER FACILITIES 383 Page i CITY OF BOZEMAN – 2025 STORMWATER FACILITIES PLAN UPDATE Capital Improvement Needs for Pre-1980 Stormwater Facilities Prepared for: Stormwater Division 7 E. Beall St. Ste. 100 Bozeman, MT 59715 Prepared by: 1283 N. 14th Ave. Suite 101 Bozeman, MT 59715 February 2025 4036.21888.02 384 Page ii TABLE OF CONTENTS 1.0 INTRODUCTION ...................................................................................................... 4 2.0 PREVIOUS STUDIES ................................................................................................. 6 2.1 Rouse Ave. – Bozeman (2012) ............................................................................................... 6 2.2 Downtown Stormwater Main Rehabilitation Evaluation – Precipitation Frequency Analysis (2021) ................................................................................................................................. 6 2.3 Downtown Stormwater Basin Hydraulic Analysis (2021) ...................................................... 6 2.4 Pre-1980 Surface Flooding (2023) ......................................................................................... 7 3.0 DATA COLLECTION .................................................................................................. 7 3.1 LiDAR ..................................................................................................................................... 7 3.2 GIS Data ................................................................................................................................. 7 3.3 As-Builts ................................................................................................................................. 8 3.4 Survey Data Request ............................................................................................................. 8 4.0 DESIGN CRITERIA .................................................................................................... 8 5.0 HYDROLOGY........................................................................................................... 8 6.0 PLANNING-LEVEL STORMWATER MODEL ............................................................... 10 6.1 Model Development ............................................................................................................ 10 6.1.1 Basin Parameters.................................................................................................... 10 6.1.2 Storm Drains ........................................................................................................... 11 6.1.3 Open Channels ........................................................................................................ 11 6.1.4 Detention Ponds ..................................................................................................... 12 6.2 Existing System Performance .............................................................................................. 12 6.3 Evaluation of Proposed Stormwater Improvement ........................................................... 13 6.3.1 S 8th and 9th Avenue Improvements ........................................................................ 13 6.3.2 S Wallace Avenue Improvements ........................................................................... 16 6.3.3 W Arthur Street Improvements .............................................................................. 16 6.3.4 Recommendations ................................................................................................. 19 6.4 Bozeman Creek Tailwater Influences .................................................................................. 19 6.4.1 Outfall 1 – W Cleveland Street ............................................................................... 19 6.4.2 Outfall 2 – Rouse Avenue........................................................................................ 19 6.4.3 Outfall 3 – Peach Street .......................................................................................... 20 6.4.4 Outfall 4 – Tamarack Street ................................................................................... 20 6.4.5 Conclusion & Recommendation .............................................................................. 21 7.0 DOWNTOWN STORMWATER STUDY ...................................................................... 23 7.1 Soil Data Review .................................................................................................................. 23 7.2 Infiltration Gallery Conceptual Design ................................................................................ 23 7.3 Design Alternatives .............................................................................................................. 26 7.4 Cost Estimates ..................................................................................................................... 26 7.5 Recommendation ................................................................................................................ 26 8.0 FUTURE MODEL DEVELOPMENT AND MAINTENANCE ............................................. 27 9.0 REFERENCES ......................................................................................................... 30 385 Page iii FIGURES Figure 1: Project Extents ............................................................................................................................... 2 Figure 2: Impervious Area Layer ................................................................................................................... 8 Figure 3: S 8th Avenue Improvements ....................................................................................................... 11 Figure 4: N 9th Avenue Improvements ....................................................................................................... 12 Figure 5: S Wallace Avenue Improvements ................................................................................................ 14 Figure 6: W Arthur Street Improvements ................................................................................................... 15 Figure 7: Outfall Locations .......................................................................................................................... 19 Figure 8: GWIC Well Log Gravel Depths ...................................................................................................... 22 Figure 9: Infiltration Gallery Locations with Bypass.................................................................................... 25 Figure 10: Infiltration Gallery Locations Without Bypass ........................................................................... 26 TABLES Table 1: Gallatin Field Rainfall Depth – Duration Relationship ..................................................................... 6 Table 2: Check Storms ................................................................................................................................... 6 Table 3: Hydrologic Soil Group Curve Numbers............................................................................................ 7 Table 4: Bozeman Creek Tailwater Influences ............................................................................................ 18 Table 5. Soil Infiltration Rates ..................................................................................................................... 20 Table 6: Infiltration Gallery Calculations ..................................................................................................... 21 SUPPLEMENTS Supplement A: Representative Storm Events Supplement B: Outfall Profile Plots Supplement C: Cost Estimates Supplement D: Rain-on-Grid Figures 386 Page 4 1.0 INTRODUCTION As part of the Phase II Stormwater Facilities Plan Update, the capital improvement needs for the pre-1980 stormwater facilities were assessed. These efforts included collecting and evaluating data regarding the existing stormwater facilities, developing a planning-level stormwater model of the whole region, identifying capacity constraints, and expanding the existing downtown stormwater study to further evaluate infiltration galleries and storm drains. This report documents the methodologies used to complete these analyses and the results. For the planning-level stormwater model, DOWL delineated the drainage basins within the Community Plan boundary, as shown in Figure 1, to help define master planning study areas for defining capital improvement needs. The pre-1980 stormwater facilities are primarily located within Basin #1, but some facilities extend into Basin #4 and #5. The area defined by these basins was evaluated holistically since runoff from Basin #5 spills into Basin #1 and then into Basin #4. These three basins were modeled to reflect future build-out conditions to evaluate the performance of the pre-1980 stormwater facilities within the currently fully developed areas. The downtown stormwater model is contained within Basin #1 and expands on the previous studies completed in 2012, 2021, and 2023. 387 \\dowl.com\j\Projects\36\21888-02\60GIS\20_APRXs_MXDs\Carto\Carto.aprx Downtown Stormwater Basin Hydraulic Analysis (2021) Project Extents ¬«86 STORY MILL RDBAXTER LN W OAK ST DURSTON RD W GARFIELD ST COTTONWOODRDGOLDENSTEIN LN MCI LHATTANR D S 3RD AVEW BABCOCK ST BOYLAN RD SCHURCHAVEW KOCH ST SWILLSONAVEW KAGY BLVDDAVIS LNGRAFSTSGRANDAVEW COLLEGE ST PATTERSON RD S 19TH AVEFOWLER LNN 19TH AVEFR O N T A G E R D STUCKY RD HIGHLANDBLVDFALLONST N 7TH AVEE KAGY BLVDN15THAVE ABIGAIL RANCH RD NASH RDMANLEY RDV A L L E Y R ID G E R D E V A L L E Y C E N T E R R D 191 §¨¦90 1 5 4 EASTGALLATIN RI V ER BOZEMANCR EE K ³0 0.5 10.25 Miles Waterway Bozeman City Limits Basin 5: 3.28 Square Miles Basin 1: 3.57 Square Miles Basin 4: 3.76 Square Miles PROJECT EXTENTS FIGURE 1 DATE: 11/11/2024PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 CITY OF BOZEMAN 388 Page 6 2.0 PREVIOUS STUDIES The following section summarizes the previously completed studies relevant to the City of Bozeman's Pre- 1980 stormwater facilities. 2.1 Rouse Ave. – Bozeman (2012) Hydrologic and hydraulic analysis was completed by DOWL in 2012 for the Montana Department of Transportation (MDT) for the reconstruction of Rouse Avenue. Precipitation data from the City of Bozeman Design Standards and Specifications Policy (March 2004) was used to develop 24-hour precipitation hyetographs for various recurrence intervals. Peak flows were calculated using the EPA SWMM hydrology method. StormNET Version 4.21.0 from BOSS International was used to model drainage basins, drainage ditches, culverts, storm drains, and inlets for downtown Bozeman. StormNET models were used for hydraulic analysis of existing conditions and proposed alternatives (DOWL, 2012). 2.2 Downtown Stormwater Main Rehabilitation Evaluation – Precipitation Frequency Analysis (2021) In 2021, DOWL analyzed precipitation data near Bozeman to develop design data for the downtown stormwater system as part of the Downtown Stormwater Basin Hydraulic Analysis. This included a frequency analysis of local gage data from the Montana State University (MSU) Optical Remote Sensor Laboratory (ORSL) weather station and comparing these findings with previous frequency analyses DOWL conducted on National Climatic Data Center (NCDC) data from the Gallatin Field weather station (ID 240622). Based on the study results, DOWL selected precipitation depths derived from the frequency analysis of Gallatin Field data, recently published in the MDT Hydrology Chapter, Appendix B, to analyze downtown Bozeman’s stormwater infrastructure. While this weather station is approximately 10 miles from the downtown area, it offers a significantly longer period of record. In addition, it benefits from rigorous, documented quality control procedures, making it a reliable source despite being less local than the MSU station. As part of the 2021 study, DOWL also analyzed and selected specific “check storms” for comparison, evaluating 14 rainfall events of varying intensity and duration. A complete list of these check storms is provided in Supplement A (DOWL, 2021). 2.3 Downtown Stormwater Basin Hydraulic Analysis (2021) The existing downtown Bozeman stormwater collection system was evaluated to identify potential improvements and increase the level of service. The project extent is illustrated in Figure 1. In 2020, DOWL completed a topographical survey and assessment of the condition of stormwater manholes. Hydraulic analyses were performed to estimate the hydraulic capacity of the stormwater trunk main. The StormNET stormwater model developed in 2012 for the Rouse Avenue reconstruction project was converted to Autodesk Storm and Sanitary Analysis 2018 (SSA) and expanded using the collected hydraulic survey data. The SSA model was used to identify locations of inadequate capacity in the existing stormwater system. The existing conditions SSA model results reveal surcharging and surface ponding at several manholes at the 2-year storm event. 389 Page 7 Alternatives were developed and analyzed in SSA to decrease hydraulic loading to the alleyway trunk main. CIPP-lining of the alleyway trunkline, upsizing the laterals, installation of infiltration galleries, and construction of a bypass storm drain system were all investigated as ways to increase the level of service of the downtown stormwater system. One alternative, Alternative 3, incorporated infiltration galleries to store and slowly exfiltrate runoff, reducing hydraulic loading to the stormwater system and providing water quality treatment. The modeled infiltration galleries were based on a rain garden design installed at the intersection of Mason Street and Tracy Avenue. Twenty-seven infiltration galleries were modeled to prevent surface ponding. A second alternative, Alternative 4, proposed adding a 24 to 30-inch storm drain bypass system along Olive St and S Bozeman Avenue to unload the alleyway trunkline. Additional details can be found in the Downtown Stormwater Basin Hydraulic Analysis Report. Incorporating infiltration galleries and the storm drain bypass system was recommended in conjunction with the future upsizing of lateral pipes and installation of CIPP lining in the alleyway trunk main. This solution results in a 2-year level of service, water quality treatment, and improved performance during high-volume storms. Combining Alternatives 3 and 4 requires fewer infiltration galleries and a reduction of the bypass system pipe size (DOWL, 2021). 2.4 Pre-1980 Surface Flooding (2023) DOWL developed a preliminary rain-on-grid HEC-RAS model to evaluate the potential flooding risks through areas with pre-1980 stormwater facilities. Many facilities constructed before 1980 were smaller pipes (6 to 10 inches) that don't meet current design criteria. The rain-on-grid model highlights potential locations with significant flooding depth, assuming no interception from the stormwater facilities. Figures were developed showing the flooding extent at the 2-year, 24-hour storm event and are provided in Supplement D. 3.0 DATA COLLECTION 3.1 LiDAR The LiDAR DEM created from the City of Bozeman Aerial Survey in 2018 was used in the stormwater model. The flight provided 0.5-meter cell resolution across the entire study area and has a horizontal and vertical coordinate system of NAD 1983 (2011) State Plane Montana FIPS 2500 (Meters) and NAVD88 height (m), respectively. 3.2 GIS Data The City of Bozeman supplied spatial data for the stormwater infrastructure, covering the locations and attributes of some stormwater manholes, gravity mains, open channels, and culverts. However, the datasets lacked key attributes such as invert and rim elevation, pipe size, and pipe material. Rim elevations for manholes were estimated using the 2018 LiDAR. The City of Bozeman provided tabular datasets containing select TV-measuredown values, which were subtracted from LiDAR-derived rim elevations to calculate invert elevations. This information was then integrated into the spatial files. However, there were many facilities where these key attributes were not provided. Significant data gaps were discovered at MSU and the Main Street corridor. 390 Page 8 3.3 As-Builts As-builts were obtained from the City of Bozeman and reviewed to fill gaps in the spatial data. Multiple local vertical datums were referenced in the as-built drawings. To maintain consistency throughout the stormwater facilities data, the measuredown was calculated by determining the difference between the rim and invert elevations. The measuredown was then subtracted from the LiDAR-derived rim elevation to determine the invert elevation. However, there were still several areas across the study area, including MSU and the Main Street corridor, where large data gaps existed. 3.4 Survey Data Request DOWL reviewed areas with missing storm drain invert data. Where sufficient surrounding data existed, missing pipe elevations were interpolated. A prioritized list of survey pickups was created for locations without enough data for interpolation. Survey pickups were organized by criticality, with two survey requests submitted to Morrison-Maierle (MMI): the first request included 50 high-priority structures, and the second included 11 structures to refine the model further. MMI provided XYZ coordinates of the manholes, sketches, and measuredowns for all associated pipes. This data was incorporated into spatial datasets to be used in the development of the model. 4.0 DESIGN CRITERIA New developments within the City are required to install infrastructure designed to detain or retain the 10-year, 2-hour storm and convey the 25-year storm, as calculated using the Rational Method (City of Bozeman, 2024). However, most of the stormwater facilities within the study area can’t convey the 10- year event, with portions surcharging at the 2-year event. The 2-year, 24-hour synthetic storm event was used to identify capacity constraints within the stormwater system, and the proposed system was designed to convey this event without surcharging. Designing the proposed system to convey the 10-year event would require upsizing most of the existing storm drain system throughout the pre-1980 boundary and will likely result in significant downstream flooding that would be worse than current conditions. The 2-year synthetic storm serves as a baseline for pre-1980 areas, enabling the City to design a cohesive stormwater system focused on minimizing flood risks from current conditions while avoiding upsizing large outfalls, like the one on Rouse Avenue. Pipes upgraded to meet the minimum size and material requirements and designed to handle this baseline storm have demonstrated effective performance during actual representative storm events, showing no signs of surcharging. Additionally, these upgrades have reduced maintenance efforts and minimized clogging at inlets, enhancing the overall reliability and efficiency of the system. 5.0 HYDROLOGY The precipitation depth-duration relationship for Gallatin Field was developed as part of the Downtown Stormwater Main Rehabilitation Evaluation, as summarized in Section 2.2. The depth-duration relationship is presented in Table 1 (DOWL, 2017). DOWL used these values with a nested storm hyetograph to develop the synthetic storms for this analysis. 391 Page 9 Table 1: Gallatin Field Rainfall Depth – Duration Relationship Storm Duration Precipitation Depth at Select Recurrence Intervals (inches) 2-yr 5-yr 10-yr 25-yr 50-yr 100-yr 5-min 0.17 0.26 0.32 0.40 0.45 0.51 10-min 0.25 0.38 0.47 0.58 0.66 0.74 15-min 0.31 0.47 0.57 0.71 0.81 0.90 20-min 0.33 0.50 0.61 0.75 0.86 0.96 25-min 0.35 0.53 0.65 0.80 0.92 1.03 30-min 0.37 0.56 0.69 0.85 0.97 1.09 35-min 0.38 0.58 0.71 0.87 1.00 1.12 40-min 0.39 0.59 0.73 0.90 1.02 1.15 45-min 0.40 0.61 0.75 0.92 1.05 1.18 50-min 0.41 0.62 0.76 0.94 1.07 1.20 55-min 0.42 0.63 0.77 0.95 1.08 1.22 1-hr 0.42 0.64 0.79 0.97 1.10 1.24 2-hr 0.49 0.68 0.81 0.98 1.10 1.22 3-hr 0.56 0.74 0.86 1.01 1.12 1.23 6-hr 0.71 0.88 0.99 1.14 1.24 1.35 12-hr 0.91 1.12 1.26 1.43 1.56 1.69 24-hr 1.18 1.49 1.70 1.96 2.15 2.34 Frequently, synthetic hyetographs, such as the nested storm hyetograph method and storm types published by the Soil and Conservation Service (SCS), are used to analyze and design storm drainage infrastructure. Unlike actual storms, synthetic storms encompass the peak precipitation depth at each storm duration interval and, therefore, can overpredict volume compared to actual storms in larger study areas. Using actual precipitation hyetographs developed from regionally appropriate precipitation gage data provides an additional tool for evaluating stormwater infrastructure performance. Three events, shown in Table 2, were chosen to use as check storms after modeling each storm in SSA 2024 and using the EPA SWMM method to simulate rainfall runoff. Table 2: Check Storms Storm Date Storm Duration (hr) Total Storm Depth (in) Maximum Intensity (in/hr) Recurrence Interval at Total Storm Duration Controlling Recurrence Interval Data Source 2-year Storms 6/12/2017 24 1.50 2.2 2.5-yr 3.7-year (24-hr) ORSL 6/16/2019 0.7 0.38 2.3 1.5-yr 3.2-yr (10-min) ORSL 5-year Storms 8/14/2017 2.0 0.67 1.8 4.9-yr 5.2-yr (30-min) ORSL 392 Page 10 6.0 PLANNING-LEVEL STORMWATER MODEL 6.1 Model Development A hydraulic model was developed in SSA to identify areas of improvement within the study area, as shown in Figure 1. The existing stormwater system was modeled using subbasins, conveyance links for the pipe network, junctions at manholes, inlets, and outfalls. The EPA SWMM hydrology method simulates subbasin runoff with hydrodynamic routing and the SCS curve number method models infiltration losses. 6.1.1 Basin Parameters Subbasins were delineated using the 2018 LiDAR data and aerial imagery. A total of 554 basins were delineated, ranging in size from 0.2 to 328.3 acres. Basins were generally delineated based on manholes or culverts inlets. Basin parameters were established by compiling spatial datasets and applying geoprocessing workflows within GIS. Weighted curve numbers were derived using the National Land Cover Dataset (NLCD) raster and soil data from the Web Soil Survey. Much of downtown Bozeman is classified as urban land (UL), which lacks specific hydrologic soil group information. However, most surrounding areas fall within hydrologic soil group B, which was therefore used to assign curve numbers within the UL classification. Using this approach, subbasins were categorized and assigned curve numbers, as shown in Table 3 (MDT, 2023). Table 3: Hydrologic Soil Group Curve Numbers Landcover Curve Number A B C D Developed, Open Space 49 69 79 84 Developed, Low Intensity 61 75 79 87 Developed, Medium Intensity 77 85 79 92 Developed, High Intensity 89 92 94 95 Deciduous Forest - 48 57 63 Shrub - 51 63 70 Herbaceous - 71 81 89 Hay/Pasture 49 69 79 84 Cultivated Crops 67 78 85 89 The City of Bozeman provided impervious area feature classes, which were implemented in the calculation. Two impervious layers, one that considered the residential and commercial properties and one that considered the roads, were combined to form a layer that represented all the impervious areas within the study area, as shown in Figure 2. 393 Page 11 Figure 2: Impervious Area Layer Subbasin slopes were calculated based on the provided LiDAR DEM. A geoprocessing workflow was developed to determine the maximum flow length for each subbasin, which was the basis for determining the equivalent widths. Assumed variables included Manning’s values of 0.2 for pervious areas, 0.1 for impervious areas, and a depression depth of 0.08 inches. The internal routing flow property for the subbasins was modeled as direct to outlet, a conservative approach that typically results in larger peak flows. 6.1.2 Storm Drains A stormwater network was created in GIS by employing the spatial data for storm drain systems provided by the City of Bozeman and record drawings. The model was developed using the most up-to-date GIS data available. Recent storm drain improvements that have been completed but are not yet incorporated into the GIS data are not included in the model. The planning-level model simplified the Bozeman stormwater facilities by modeling trunklines and primary laterals. Manning’s n values for pipes ranged from 0.012 to 0.015. Entrance and exit losses for all pipes were specified at 0.5. 6.1.3 Open Channels Open channel conveyance links were developed from the Bozeman Hydrology spatial data. Cross-sections were developed for representative locations for each waterway using the 2018 LiDAR. Points were generated to capture the channel’s geometry, and the values were implemented in SSA using the irregular channel input. A Manning’s n value of 0.032 was applied to each open channel conveyance link. Invert 394 Page 12 elevations for the conveyance links were determined using LiDAR and invert elevations of culverts and storm drains. 6.1.4 Detention Ponds The model was initially developed without including detention ponds. After evaluating the model's performance, detention ponds were added where necessary to mitigate the impact on the downstream storm drain system. This determination was made by assessing whether the storm drain downstream of a potential pond location experienced surcharging during the 2-year storm event. If surcharging occurred, a pond was incorporated into the model. Each pond was modeled with a functional storage type using a constant surface area derived from aerial imagery, while the invert and maximum elevations were estimated using LiDAR data. Ultimately, two detention ponds were added to the model. 6.2 Existing System Performance The planning-level model was utilized to evaluate the performance of the existing stormwater system. Overall, while most portions of the system do not meet the 10-year design criteria, the west side of the study area outperforms the pre-1980 facilities located in downtown Bozeman within Basin 1 (Figure 1). The west side benefits from a different system configuration, with shorter storm drain networks that discharge directly into open channels. These open channels play a critical role in conveying runoff from the south side of Bozeman to the north and are an integral component of the city's stormwater management infrastructure. The 2008 Stormwater Facilities Plan report identified several locations with known flooding issues. For example, manholes at the intersections of Willson and Cleveland and Willson and Garfield frequently pop off during significant storm events, indicating undersized pipes. The planning-level model confirms surcharging at both locations, and recommendations for increasing the pipe size in this storm drain system are discussed in Section 6.3.3. The open ditch near 20th Avenue was also identified in the previous stormwater facilities plan as having insufficient capacity. However, this issue may have been resolved when flows from the Farmers Canal were redirected. While the planning-level model does not indicate capacity concerns for this ditch, it does not account for base flows in the ditches, which could still impact its overall performance. Flooding risk has also been identified near the intersection of Babcock Street and Willson Avenue. The planning-level model indicates that surcharging occurs at the storm drain manhole in this location due to an undersized storm drain system. Section 7.0 provides additional details and recommendations for improving the downtown stormwater system. The existing system evaluation revealed numerous locations within the study area where pipes and manholes experience surcharging during the 2-year storm event, indicating that the system is undersized. The pre-1980 surface flooding model helped identify areas prone to surface flooding. DOWL focused on flooding duration, peak flows, and flood volume to determine the primary areas of concern. Additionally, both 2-year ORSL check storms were simulated. The simulations revealed less surcharging within the stormwater system when real storm events were modeled. These results helped identify and narrow down specific areas of concern within the study area. 395 Page 10 6.3 Evaluation of Proposed Stormwater Improvement DOWL identified six locations where the planning-level model indicated significant surface flooding and an undersized storm drain system based on the conservative 2-year, 24-hour synthetic storm. These locations were reviewed with the City of Bozeman staff. Of the six, three were eliminated due to recent upstream improvements not yet captured in the GIS data or due to planned projects aimed at resolving flooding issues at these locations. The remaining three locations, which all feature undersized vitrified clay pipes (VCP), surcharge for an extended period at the 2-year, 24-hour storm event. An SSA model was developed for each location, and system improvements were implemented to eliminate surcharging during the 2-year, 24-hour storm event. Additionally, the potential downstream impacts of the proposed changes were evaluated, and cost estimates were developed for each improvement. The potential improvements outlined in the following sections are preliminary designs based on a planning-level model. These designs require additional data collection and further refinement before advancing to final design. For all locations, more detailed models should be developed to account for elements such as curbs and gutters, inlets, laterals, and more precise basin delineation. This process will aid in refining pipe sizes and inlet locations and dimensions. Field surveys should also be conducted to verify the invert elevations of pipes and manholes, as well as the rim elevations of manholes. Additionally, utility locations, right-of-way limits, and groundwater levels have not yet been considered and must be evaluated during the design process. Some locations may also benefit from exploring alternative design options, including the incorporation of other stormwater facilities such as infiltration galleries, additional outfalls, and detention ponds. 6.3.1 S 8th and 9th Avenue Improvements The S 8th Avenue and W Main St storm drains, located in the Parks & Trails Gap Area, are primarily VCPs 10 inches or smaller, as shown in Figure 3. The system connects to a 24–30-inch reinforced concrete pipe (RCP) trunkline that extends north for 1,500 feet before discharging into an open ditch drain north of W Villard St, as shown in Figure 4. Under existing conditions, the storm drains south of W Olive Street and along W Main Street exhibit significant flooding at the 2-year event. Based on the surface flooding model, this is an area of concern, and water can pond up to 3 feet deep in areas along the storm drain system. City of Bozeman staff confirmed that this is a problem area, and the lid of MH-3 floats during larger storm events. DOWL evaluated the impacts of upsizing the VCP for the entire system, as shown in Figure 3. Increasing the size of the upstream pipes resulted in higher flow rates through the downstream system. To accommodate the higher flows, the pipe between MH-3 and MH-4 was increased from 15 inches to 30 inches, resulting in MH-4 surcharging. To eliminate the surcharging at MH-4, the entire downstream system was increased to 36-inch RCP, shown in Figure 4. In total, 6,620 feet of storm drain would be replaced. Under the proposed conditions, the system no longer surcharges during the 2-year, 24-hour synthetic storm event and all three ORSL check storms. Improvements do not consider any stormwater improvements along the trunkline system to the west. An additional evaluation is required during final design to determine the downstream impacts of increasing the flow to the open ditch. This project requires replacing 6,620 feet of storm drain and 21 manholes. The estimated cost, including design and construction administration, is $7.29 million; more details are in Supplement C. 396 N10thAveN 11thAveS 11thAveS 13th AveS 10th Ave W Curtiss StS 12thAveWMainSt MandevilleCreekW KochSt S 13thAveW Story St W Dickerson St S 11th AveS11th AveS 10thAveW Alderson St Wally Byam Park 5 6 8 19 7 N 8thAveW M e n denhall StN 9thAveS 5th AveS 7th AveS 8thAveW Lamme St N 5thAveS 9th Ave W Olive S t W Babcock S t S 3rdAveS6th AveS 4th AveN 7thAveW Main St Bozeman School District Property Bozeman W D i c k e r s on St W S t o ry S t S 3rd Ave W K o c h S t S 8th AveS 9thAveS 7thAveS 6thAveS 5th Ave W College S t W A lderson St W Harrison S t Southside Park 9 22 Atkinson Quadrangle Cooper Park Esri Community Maps Contributors, Montana State University, Bozeman GIS, Montana State Library, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Source: Esri, Maxar, Earthstar Geographics, IGN, and the GIS User Community³0 200 400100 Feet Existing Pipe Proposed Pipe Stormwater Manhole UPSIZED SYSTEM FOR 2-YEAR LEVEL OF SERVICE FIGURE 3 DATE: 9/18/2024PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 S 8TH AVENUE IMPROVEMENTS Manhole RimElevation ExistingHGL ProposedHGL MH-1 4,826.41 4,820.60 4,821.08 MH-2 4,819.23 4,816.16 4,816.07 MH-3 4,813.97 4,815.72 4,810.23 MH-4 4,810.90 4,811.28 4,807.99 Note: Manholes are surcharging with highlighted HGLs LABEL KEY TEXT TEXT = PROPOSED DIAMETER = EXISTING DIAMETER 10-in12-in 30-in 10-in10-in10-in10-in24-in24-in 10-in 10-in 15-in 15-in 24-in24-in18-in18-in15-in15-in15-in8-in8-in 12-in 12-in 15-in MANDEVILLE CREEK10-in 15-in MH-3 MH-2 MH-1 Manhole # Rim Elevation Existing HGL Proposed HGL27-in36-in36-in15-inMH-4 397 N 10th AveN 11th AveN10thAveN11thAveW Villard St Bozeman High School & Bridger Alternative High School S11th Ave W Olive St WBabcock St W Babcock St S12thAveW Main St N6th AveN 9th Ave W Short St W Beall St N 8th Ave W Mendenhall S tN 9thAveW Villard St W L a m m e St N 7thAveN 7th Ave Midtown S7th AveS 8th AveS 9th Ave W Babcock St W Olive St S 6th Ave Bozeman Esri Community Maps Contributors, Montana State University, Bozeman GIS, Montana State Library, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Source: Esri, Maxar, Earthstar Geographics, IGN, and the GIS User Community³0 200 400100 Feet Existing Pipe Proposed Pipe Stormwater Manhole UPSIZED SYSTEM FOR 2-YEAR LEVEL OF SERVICE FIGURE 4 DATE: 11/11/2024PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 N 9TH AVENUE IMPROVEMENTS Note: Manholes are surcharging with highlighted HGLs Manhole RimElevation ExistingHGL ProposedHGL MH-5 4,801.37 4,802.49 4,797.05 MH-6 4,796.42 4,801.28 4,793.11 MH-7 4,795.45 4,800.95 4,790.17 Manhole # Rim Elevation Existing HGL Proposed HGL LABEL KEY TEXT TEXT = PROPOSED DIAMETER = EXISTING DIAMETER 24-in15-in 36-in 27-in27-in15-in30-in 30-in24-in 10-in12-in 15-in 15-in15-in15-in36-in36-in36-in36-in24-in15-in 30-inMANDEVILLE CREEK15-in 15-in MH-6 MH-7 MH-5 15-in 24-in10-in 8-in 12-in 15-in 10-in 398 Page 16 6.3.2 S Wallace Avenue Improvements The existing storm drain down S Wallace Avenue is 10-inch VCPs that discharge into an 18-inch PVC pipe, as shown in Figure 5. At the 2-year event, the storm drain from E Babcock St to E Mendenhall St surcharges through the manholes. The water flows north along the S Wallace Avenue curb and gutter until it is intercepted via inlets. This location is outside of the study area of the surface flooding model; however, City of Bozeman staff confirmed that inlets and laterals surcharge in this area during significant storm events. The four upstream VCPs along South Wallace Avenue were upsized to 12-inch and 15-inch diameters, effectively eliminating surcharging at all three manholes during the conservative 2-year, 24-hour synthetic storm. To manage the increased flow, the two pipe segments downstream of MH-3 were upgraded to 24- inch pipes. The remaining sections of the downstream storm drain system have sufficient capacity to accommodate the additional runoff. The proposed system no longer surcharges during the 2-year, 24- hour synthetic storm event and the 2-year ORSL check storms. However, further evaluation is required during final design to determine if there are impacts on Bozeman Creek. This project replaces 1,990 feet of storm drain and 7 manholes. The estimated cost, including design and construction administration, is $2.04 million; more details are in Supplement C. 6.3.3 W Arthur Street Improvements The entire W Arthur Street storm drain system collects runoff from West Lincoln Street north to W Cleveland Street, in addition to portions of the Montana State University (MSU) campus. It consists of approximately 12,000 feet of storm drain that discharge into Matthew Bird Creek via an 18-inch RCP. The pipe in the system is a combination of VCP and RCP; however, most of it is undersized. At the 2-year event, numerous manholes surcharge. Based on the 2018 LiDAR data and the surface flooding model, water generally flows northeast through this area with ponding up to 3 feet deep in several locations. City of Bozeman staff confirmed that this area has experienced significant flooding during large storm events. Proposed improvements in this location involved upsizing the entire storm drain system, as shown in Figure 6. Laterals were increased from 10 inches to 15 inches, and the trunk line along W Arthur Street was increased to a 36-42-inch RCP. Increasing the pipe sizes eliminates all surcharging in the system at the 2-year, 24-hour synthetic storm event and the ORSL 2-year storm events. A detailed study is required during the final design phase to assess whether the additional discharge into Matthew Bird Creek will cause downstream flooding impacts. This study should also evaluate the existing storm drain infrastructure, as there is uncertainty about whether the storm drain along South 3rd Avenue flows south into the downtown system. Portions of the MSU campus that discharge into this system are currently undergoing redevelopment and will contribute runoff at pre-disturbance rates for up to the 10-year, 2-hour storm event, potentially alleviating the hydraulic load on the stormwater system. With portions of the MSU campus draining into this system, there is an opportunity for coordination between MSU and the City to incorporate low-impact development (LID) facilities. 399 Perkins PlE Fridley St PerkinsPlE Menden h all S tNChurchAve NWallace AveE Davis S t NMontanaAveE Main St City Hall Fire Station #1 Creekside Park Hawthorne Elementary School SWallace AveS Church AveE Olive St E Olive StSRouseAve E Curtiss St E B abcock S t Lindley PlSoroptomist Park Bogert Park N Broadway Ave E F r i d l e y St E F r idley S t BurlingtonNorthernRailroadV illa ge Dow nto wn B lvd N Broadway Ave E L a m me S t E Davis St E D avisSt N Plum AveE Mendenhall St E M ain St CypressAveE O l i v e S t E Main S t Bozeman Public Library Lindley Park Lindley Park Esri Community Maps Contributors, Montana State University, Bozeman GIS, Montana State Library, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Source: Esri, Maxar, Earthstar Geographics, IGN, and the GIS User Community³0 250 500125 Feet Existing Pipe Proposed Pipe Stormwater Manhole UPSIZED SYSTEM FOR 2-YEAR LEVEL OF SERVICE FIGURE 5 DATE: 9/18/2024PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 S WALLACE AVENUE IMPROVEMENTS Manhole RimElevation ExistingHGL ProposedHGL MH-1 4,809.49 4,810.78 4,807.90 MH-2 4,804.89 4,805.65 4,799.63 MH-3 4,799.13 4,793.98 4,794.45 MH-4 4,794.08 4,789.80 4,789.77 Manhole # Rim Elevation Existing HGL Proposed HGL Note: Manholes are surcharging with highlighted HGLs LABEL KEY STORY DITCHBOZEMAN CREEKTEXT TEXT = PROPOSED DIAMETER = EXISTING DIAMETER 18-in10-in15-in10-in10-in12-in12-inMH-1 MH-2 MH-3 CONNECT TO24" STORMDRAIN MH-4 18-in24-in24-in400 S Grand AveS Willson AveS7thAveS 5th Ave W College St W Harrison St W Cleveland St W Arthur St 22 Atkinson Quadrangle W K agy Blvd W Kagy Blvd W Garfield St S Grand AveS 3rd AveS 6th AveS7th AveGreekWaySWillsonAveS5thAveW Hayes St S 4th Ave Gallagator Linear Park 16 Waite Gate 11 13 Forestry Lot Faculty Court 12 Plew Lot Streamline Bus Norm Asbjornson Hall Museum of the Rockies Lot S Tracy Ave Gallagator Linear 1 Park HoffmanDr E L i n c o l n StS Bozeman Ave E M a s o n S tS Black AveE K a g y Blvd Christie Fields Langohr Gardens Gallagator Linear Park Langohr Gardens Park Esri Community Maps Contributors, Montana State University, Bozeman GIS, Montana State Library, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Source: Esri, Maxar, Earthstar Geographics, IGN, and the GIS User Community³0 200 400100 Feet Existing Pipe Proposed Pipe Stormwater Manhole UPSIZED SYSTEM FOR 2-YEAR LEVEL OF SERVICE FIGURE 6 DATE: 11/8/2024PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 W ARTHUR STREET IMPROVEMENTS LABEL KEY TEXT TEXT = PROPOSED DIAMETER = EXISTING DIAMETER 10-in18-in 10-in10-in10-in10-in10-in10-inMATHEW BIRD CREEK24-in 15-in 18-in 12-in 10-in10-in10-in10-in10-in10-in10-in10-in10-in10-in10-in 10-in 10-in 10-in 10-in 10-in 12-in 12-in12-in18-in 18-in 18-in 18-in18-in 18-in 10-in 18-in18-in18-in18-in15-in 15-in 15-in15-in15-in15-in15-in15-in15-in15-in15-in15-in 18-in24-in 24-in 24-in24-in12-in24-in24-in12-in 12-in42-in 42-in 42-in36-in30-in42-inMH-1 MH-2 MH-3 MH-4 MH-5 MH-7 OUTFALL INTOMATHEW BIRDCREEK MH-6 Manhole RimElevation ExistingHGL ProposedHGL MH-1 4,916.14 4,918.82 4,914.70 MH-2 4,909.28 4,910.36 4,907.02 MH-3 4,901.03 4,901.57 4,899.82 MH-4 4,891.50 4,886.14 4,879.34 MH-5 4,882.67 4,883.84 4,877.34 MH-6 4,877.91 4,880.20 4,875.69 MH-7 4,873.51 4,869.03 4,869.54 Manhole # Rim Elevation Existing HGL Proposed HGL Note: Manholes are surcharging with highlighted HGLs 401 Page 19 Another concern is the outlet pipe that discharges into Matthew Bird Creek, which passes through a 20- foot easement that may be encroached upon by nearby houses. To address these challenges, alternative methods of reducing the storm drain size should be considered. Potential solutions include incorporating infiltration galleries or adding an additional outfall to help manage stormwater and reduce the trunkline size. This project replaces 11,500 feet of storm drain and 35 manholes. The estimated cost, including design and construction administration, is $11.3 million; more details are in Supplement C. 6.3.4 Recommendations Evaluation of the planning-level model revealed three areas with undersized VCP storm drain systems: 8th and 9th Avenue, S Wallace Avenue, and W Arthur Street. To address the flooding at these locations, the City should plan for three capital improvement projects, totaling $20.6 million. 6.4 Bozeman Creek Tailwater Influences The planning-level stormwater model was also used to evaluate the Bozeman Creek tailwater influences at four storm drain outfall locations, as shown in Figure 7 and Table 4. The water surface elevations (WSE) for the 10% and 4% annual exceedance probability (AEP) flood events were acquired from the Federal Emergency Management Agency (FEMA) Flood Insurance Study for Gallatin County, Montana, effective April 21, 2021 (FEMA, 2021) and Letter of Map Revision (LOMR) effective July 31, 2024 (NFHL_30031C). Profile plots for each outfall location are provided in Supplement C. The evaluation of tailwater influences was conducted using the planning-level stormwater model, which reflects existing stormwater facilities. Many outfalls are associated with undersized upstream stormwater systems that surcharge during the 2-year storm event. Upsizing these systems would increase hydraulic loading on both the downstream system and the outfall locations. This analysis does not account for potential future improvements to the storm drain system. The combined effect of increased hydraulic loading and tailwater influences should be considered when designing future stormwater facilities. 6.4.1 Outfall 1 – W Cleveland Street Outfall 1, near W Cleveland Street, is the W Arthur Street storm drain outfall and has a drainage area of approximately 140 acres. The storm drain is relatively flat before the final 650 feet of pipe, where it drops approximately 15 feet to discharge into Matthew Bird Creek, a tributary of Bozeman Creek. Due to this drastic change in elevation, tailwater from Matthew Bird Creek does not significantly impact the storm drain or any manholes at the 10% or 4% AEP flood events. 6.4.2 Outfall 2 – Rouse Avenue Outfall 2 is the Rouse Avenue stormwater system outfall, which has a drainage area of approximately 310 acres. The 42-inch RCP trunkline has a flat slope of 0.2-0.5% before discharging into the creek. However, there is not a significant amount of tailwater from Bozeman Creek at this location; therefore, the system is not drastically impacted. At the 4% AEP event, tailwater extends up into the storm drain 430 feet and through one manhole; however, it does not surcharge the pipe, and the system retains sufficient capacity to convey surface runoff from a 2-year storm event. 402 Page 20 6.4.3 Outfall 3 – Peach Street Outfall 3 is located along Peach Street and has an east and west storm drain system associated with it. Based on the effective FIS, Bozeman Creek overtops Peach Street at the 2% AEP event. The eastern storm drain system consists of approximately 520 feet of 12–15-inch pipe with a drainage area of approximately 10 acres. All storm drains are located below the 10% AEP WSE. As a result, pipes are surcharged, and the four manholes within this system are impacted. All manhole rim elevations are higher than the 4% AEP WSE; however, two of the manholes have less than one foot of freeboard. The system has little to no capacity to handle runoff from a storm event at the 10% and 4% AEP flood events. Under these conditions, water will pond approximately 1 foot deep at the intersection of Peach Street and Church Avenue before spilling north down Church Avenue. The western storm drain system consists of 24-27-inch RCPs with a drainage area of approximately 57 acres. One thousand four hundred sixty feet of storm drain is located below the 4% AEP WSE, surcharging several pipe segments. All manholes have rim elevations higher than the 4% AEP WSE; however, the system has little capacity to convey surface runoff if a rain event were to occur during these floods. The system collects runoff from a large area; therefore, there is the potential for significant surcharging and flooding along the Peach Street corridor if a rain event were to occur in conjunction with elevated WSE on Bozeman Creek. Under these conditions, water will generally follow the curb and gutter along Peach Street, flowing east towards the Peach Street and Rouse Avenue intersection or north down N Bozeman Avenue or N Montana Avenue. The LiDAR does not indicate any low points that would result in significant ponding. 6.4.4 Outfall 4 – Tamarack Street Outfall 4 is located along Tamarack Street and has an eastern and western storm drain associated with it. According to the effective FIS, Bozeman Creek does not overtop this crossing at the 0.2% AEP flood event. The eastern storm drain system consists of a 30-inch trunkline that collects runoff from approximately 49 acres. Tailwater extends up 860 feet of storm drain during the 4% AEP event; however, it does not surcharge any pipes or manholes. The storm drain has sufficient capacity to handle a 2-year storm event under these conditions. If surface flooding occurs along this road corridor, water will pool at the intersection of N Wallace Avenue and Tamarack Street, reaching a depth of approximately 1 foot before spilling north and flowing along the curb and gutter of N Wallace Avenue. The western storm drain consists of a 30-36-inch trunkline and has an 85-acre drainage area. Tailwater extends through 1,470 feet of storm drain and three manholes at the 4% AEP flood event. All manhole rim elevations exceed the 4% AEP WSE of Bozeman Creek; however, three pipe segments are surcharged, limiting the system’s capacity to convey runoff. Due to the size of the drainage area, a significant amount of runoff is conveyed through this storm drain system. Significant surcharging along the Tamarack Street corridor is likely if a large rain event coincides with a flood event on Bozeman Creek. Under these conditions, water will pond at the intersection of Tamarack Street and Rouse Avenue, reaching a depth of approximately 1 foot before spilling north along the curb and gutter of Rouse Avenue. 403 Page 21 6.4.5 Conclusion & Recommendation Outfalls 3 and 4 are affected by tailwater during flood events on Bozeman Creek; however, the tailwater does not reach levels that cause it to bubble out of manholes during the 4% AEP event. As a result, flap gates are not necessary. However, a rain event occurring simultaneously with a flood event on Bozeman Creek could lead to significant surface flooding in areas of the street nearest the outfalls. The eastern storm drain for Outfall 3, as well as the eastern and western storm drains for Outfall 4, could experience surface ponding up to 1 foot deep. Table 4 provides a summary of Bozeman Creek tailwater impacts on all four outfall locations. Table 4: Bozeman Creek Tailwater Influences Outfall1 Approximate Invert Elevation (ft) Bozeman Creek WSE (ft) Storm Drain Below Tailwater Elev (ft) Manholes with Invert Below Tailwater Elev 10% AEP 4% AEP 10% AEP 4% AEP 10% AEP 4% AEP 1 4,852.23 4,856.50 4,856.79 170 190 0 0 2 4,786.00 4,786.38 4,787.51 130 330 0 1 3 (E) 4,776.00 4,779.61 4,780.59 420 420 4 4 3 (W) 1,250 1,360 6 6 4 (E) 4,755.74 4,763.15 4,763.64 820 860 4 4 4 (W) 1,390 1,470 3 3 [1] ”E” and “W” indicate the east and west storm drain systems 404 N 10th AveN11thAveS 11th AveS 10th AveBozeman High School & Bridger Alternative High School WDickerson St W Story St S10thAveWAlderson St 3 14 6 8 19 Aasheim Gate 15 15 20 Bobcat Stadium Grounds W Peach St W Tamarack St N BlackAveW Villard St N Tracy AveW Beall St E Mendenhall St NWallace AvePerkins Pl E Aspen St E Tamarack St N Church AveN8t h AveN BozemanAveN3rd AveN 3rdAveW Mendenhall St N Willson AveE B e a ll S t S 7th AveS8thAveN 5th AveE L amme S t W Lamme St S9th AveS GrandAveSBlack Ave W Curtiss St W Olive St W Babcock St E Olive StS Tracy AveE Babcock StN 7thAveE Main St Northeast Midtown Bozeman W Dickerson St S 3rd AveS Tracy AveS GrandAveS Willson Ave E Story St S BozemanAveHoffman Dr S Montana AveS9th AveS 4th AveS 5thAveS ChurchAveW Kagy Blvd W College St W Alderson St W Hayes St Gallagator Linear 1 Park Gallagator Linear Park 9 Alumni Plaza 22 16 11 Dyche Field 13 12 Plew Lot Bozeman Creek Bogert Park South Central Cooper Park E Ka gy B lvdSTracyAveMuseum of the Rockies Lot 25 N Ida AveNPlumAveC e d a r St B o h a r t Ln EMai n St Village Downtown Park Lindley Park High land Bl vdKenyonDrHolly DrGolf WaySunset Hills Cemetery Burke Park Softball Complex Knolls At Hillcrest Bozeman Deaconess Hospital New Hyalite View C h e rryDrNew Hyalite View³0 500 1,000250 Feet Gravity Mains Waterways Outfall Locations OUTFALL LOCATIONS FIGURE 7 DATE: 11/8/2024PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 PROPOSED STORMWATER IMPROVEMENTS OUTFALL 1 OUTFALL 2 OUTFALL 3 OUTFALL 4 BOZEMAN CREEK405 Page 23 7.0 DOWNTOWN STORMWATER STUDY The downtown stormwater study detailed in the following section expands on the studies done in 2012 and 2021, detailed in Section 2. The SSA model and analysis completed in 2021 were used as the basis for a more detailed analysis of the infiltration galleries and bypass system alternatives to reduce hydraulic loading to the alleyway trunkline. 7.1 Soil Data Review A soil data review of the downtown Bozeman study area was done to evaluate infiltration rates and determine if there are any patterns in soil layers and depths. The soil type and depth of soil layers in the downtown Bozeman study area were assessed using Montana Ground Water Information Center (GWIC) well log reports. The well log soil descriptions varied across reports; therefore, DOWL categorized soils into four categories: gravel, sand, clay, and other. The depth of each soil type was recorded. Infiltration rates for various soil types were determined based on data from USCS Soils and conversations with DOWL geotechnical engineers. The results are presented in Table 5. Gravel soils have significantly higher infiltration rates than any of the other soils; therefore, infiltration galleries were targeted to be constructed in the gravel layer. Evaluation of the GWIC well log reports showed no clear patterns in soil layers, depths, or location, as shown in Figure 8. The gravel layer ranged from being at the surface to 16 feet deep. Table 5. Soil Infiltration Rates Soil Description Range of Typical Infiltration Rates (in/hr) Gravel 30 Poorly graded sandy gravel 10 - 15 Silty sand 1 - 2 7.2 Infiltration Gallery Conceptual Design Two conceptual infiltration gallery designs were evaluated: an underground gallery and a rain garden gallery. Each gallery is connected to the storm drain system through a pipe set at a lower elevation than the trunkline, allowing the galleries to treat more than just localized surface runoff. Instead, they can infiltrate water already captured by the storm drain system, thereby reducing the overall hydraulic load. If water begins to accumulate in the gallery, it will overflow back into the storm drain system. This design significantly increases the volume of water the gallery can infiltrate compared to the rain garden gallery design assessed in the 2021 study. The representative infiltration galleries were designed to accommodate most variations in gravel layer depth while remaining feasible for construction. The gallery depth, measured from the ground surface to the bottom of the infiltration gallery, was set at 12 feet. Potential locations for the infiltration galleries were identified by considering underground utilities, property lines, and other obstructions, such as trees and utility poles. Water, sewer, and stormwater gravity mains were avoided, though the locations of private utilities were unknown. Property lines and existing utilities constrained gallery widths. Galleries did not extend beyond the road's centerline to maintain access for construction and future utility installation. The length of the galleries was determined by the distance between intersections, tying into 406 Page 24 existing manholes. Various potential sites across downtown Bozeman were evaluated to determine the dimensions of the conceptual infiltration galleries, as shown in Table 6. Connecting the infiltration gallery to the storm drain system would include installing a mechanical treatment unit upstream of each gallery. This unit prevents sediment and debris from accumulating in the gallery, thereby preserving its performance and infiltration capacity. The rain garden design, in addition to infiltrating water from the underground storm drain system, captures surface runoff before it enters the infiltration gallery. This pre-treatment reduces sediment and improves water quality. However, the rain garden can only be placed in locations with vegetated boulevards adjacent to the road that experience significant surface runoff. The boulevard’s added width allows for a larger infiltration and increased infiltration flow rates, as shown in Table 6. In contrast, the underground infiltration gallery is not limited to locations with vegetated boulevards, but it does not capture surface runoff. The underground infiltration gallery design was chosen to simplify modeling in SSA. The downtown stormwater model does not account for curbs, gutters, or inlets, making it challenging to identify suitable locations for rain garden infiltration galleries based on surface runoff. A more detailed model that includes these features and more precise basin delineation would be needed to determine these locations. A storage pipe is embedded within the washed angular stone of the infiltration gallery to increase volumetric storage capacity. The storm drain system's hydraulic grade line determines the pipe diameter; for full utilization of the storage pipe’s volume, the hydraulic grade line must extend above the top of the pipe. Following a review of multiple locations, a 4-foot diameter was identified as appropriate for most sites. Infiltration galleries were modeled as storage nodes in SSA using a constant infiltration rate. A constant infiltration rate of 1.25 cfs was calculated using the length and width dimensions of the infiltration gallery and assuming a gravel soil layer. Calculations are shown below in Table 6. Infiltration gallery storage pipes were modeled as storage curves with a 150-foot barrel, a 12-inch stone base, and 40% stone voids. Table 6: Infiltration Gallery Calculations Type Storage Pipe Diameter (ft) Length (ft) Width (ft) Depth (ft) Infiltration Rate (in/hr) Constant Infiltration Rate (cfs) Underground Gallery1 4 150 12 12 30 1.25 Rain Garden Gallery 4 150 20 12 30 2.08 [1] Infiltration gallery design modeled within SSA 407 N 10th AveN 11th AveS 11th AveS 10th AveBozeman High School & Bridger Alternative High School W Dickerson St W Story St S 14th AveS 10th AveW Alderson St 2 3 14 26 5 6 4 8 19 Aasheim Gate Duck Pond 15 15 Montana State University S11th Ave 20 Bobcat Stadium Grounds W Peach St N Black Ave W Villard St N TracyAveW Beall St E Mendenhall StN GrandAveN Wallace AvePerkins PlN ChurchAveN BozemanAveN3rdAveW Mendenhall St N Willson Ave E B eall St S 7th AveS8thAveN5th AveE L amme S t W Lamme St S 9th AveS Grand AveSBlackAveW Curtiss St W Olive St W Babcock St E Olive StS Tracy AveE B a bcock S tN 7th AveW Main St E Main S t Northeast Midtown Bozeman W Dickerson St S 3rd AveS Tracy AveSGrandAveS Willson AveE S t o r y S t S Bozeman AveHoffman Dr S Montana AveS9th AveS 4th AveS 5thAveS Church AveW Kagy Blvd W College St W Alderson St W Hayes St Gallagator Linear 1 Park Gallagator Linear Park 9 Alumni Plaza 22 16Michael P. Malone Centenial Mall 11 Dyche Field 13 12 Plew Lot Bozeman Creek Bogert Park South Central Cooper Park Bird Springs CreekFiggins C re e kE Kagy B lvd Fairway DrSTracy A v e Museum of the Rockies Lot 25 Southeast NIda AveNBroadwayAveNPlum Ave Village Downtown Park Lindley Park KenyonDrPost DrSunset Hills Cemetery Burke Park Knolls At Hillcrest Lo mas Dr Hauser Park ³0 500 1,000250 Feet Gravel Depth 11-18 ft (11) Gravel Depth 6-10 ft (12) Gravel Depth 0-5 ft (30) Downtown Subbasins GWIC WELL LOG GRAVEL DEPTHS FIGURE 8 DATE: 11/8/2024PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 DOWNTOWN STORMWATER STUDY 408 Page 26 7.3 Design Alternatives It is assumed that, in the future, all small VCP laterals—pipes connecting catch basins to the nearest manhole—and trunklines in the downtown area will be replaced with larger pipes measuring 15 inches or greater in diameter. However, upsizing these pipes increases hydraulic loading on the Mendenhall Street alleyway trunkline, causing surcharging at the 2-year storm event. Three design alternatives were developed to mitigate this impact and include the installation of infiltration galleries, the installation of a new storm drain bypass system, and a combination of both infiltration galleries and a bypass system. Alternative 1 relies solely on infiltration galleries to prevent surcharging. The 2021 study determined that achieving a 2-year level of service would require 27 rain garden infiltration galleries, which only capture surface runoff before it enters the storm drain system. By contrast, the underground infiltration galleries in this design are connected directly to the storm drain system, allowing them to infiltrate a larger volume of runoff. Additionally, this analysis uses a higher infiltration rate based on the assumption that the galleries are installed in gravel. As a result, only four underground infiltration galleries are needed to prevent surcharging during the 2-year storm event, as shown in Figure 10. These infiltration galleries were strategically placed to reduce hydraulic loading and improve water quality in untreated areas. Additionally, six alternative locations were identified in case primary sites prove unfeasible due to unknown utilities or insufficient depth to the gravel layer. Site selection should also consider potential groundwater mounding and its impact on adjacent structures. Alternative 2 is the bypass system recommended in the 2021 study (Alternative 4) and includes the new 24 to 30-inch storm drain trunkline extending down Olive St and S Bozeman Avenue to unload the upper reach of the alleyway trunkline. This alternative only addresses the capacity issues of the alleyway drainage and doesn’t have the additional water quality benefits that the Alternative 1 infiltration galleries provide. Alternative 3 is a combination of a bypass system and infiltration galleries. In this design, the bypass system is downsized from a 24 to 30-inch to an 18 to 24-inch system, with infiltration galleries added, as shown in Figure 9. Three infiltration galleries are still needed to prevent the alleyway trunkline from surcharging with a downsized. Unlike Alternative 2, this alternative provides additional water-quality treatment for untreated areas. 7.4 Cost Estimates Cost estimates were prepared for each design alternative. The construction cost for a single infiltration gallery is estimated at $530,000, totaling approximately $2.1 million for Alternative 1. Bundling the installation of multiple galleries may yield additional cost savings. The standard bypass presented in Alternative 2 is estimated at $2.9 million. For Alternative 3, the downsized bypass system is estimated at $2.7 million, with the three required infiltration galleries adding $1.6 million, bringing the total to $4.3 million. Additional information is provided in Supplement C. 7.5 Recommendation Alternative 3 is not a viable option as there is still a significant cost to install the downsized bypass system and not enough savings with the removal of one infiltration gallery. Alternative 1 is the recommended capital improvement project to pursue for unloading the alleyway trunkline. This alternative provides the least costly alternative while providing additional water quality benefits. It is recommended that this 409 Page 27 project be phased for final design with an initial phase including utility locations and subsurface geotechnical investigation at all 10 infiltration sites to help understand limitations and verify the assumptions made in our preliminary modeling. For budget planning purposes, the City should consider budgeting this project for the storm drain bypass system only just in case there are not four viable sites out of the 10 identified. 8.0 FUTURE MODEL DEVELOPMENT AND MAINTENANCE The SSA planning-level model has room for further development and refinement. Currently, the model assumes "direct to outlet" internal routing for all subbasins, a conservative approach that typically overestimates peak flows. Revisiting the internal routing for each subbasin and updating the model accordingly could yield lower peak flow estimates and provide a more accurate representation of the level of service for the storm drain facilities. Additionally, the model does not account for baseflow within the south-to-north open channels. Identifying and incorporating baseflow into the model would offer a more comprehensive understanding of tailwater influences at various outfalls and the capacity of the open channels. This enhancement would improve the overall accuracy of the model and its ability to inform system performance assessments. Detention ponds were incorporated into the model in locations where they influenced the performance of the downstream storm drain system, as detailed in Section 6.1.4. Each pond was modeled with a functional storage type using a constant surface area derived from aerial imagery, with invert and maximum elevations estimated based on LiDAR data. Further refinement of the model could include the addition of more detention ponds and the development of storage curves for each pond to improve accuracy. As additional storm drain data is collected and storm drain improvement projects are completed, both the SSA planning-level and downtown stormwater models should be updated accordingly. These updates may involve incorporating detention ponds and infiltration galleries, revising storm drain inverts, sizes, materials, and rim elevations, updating the impervious area for basins, and adding new storm drain systems. Model refinement should be conducted on an as-needed basis to address emerging needs. In some areas, incorporating inlets, laterals, or subdividing larger subbasins into smaller ones may offer additional benefits and improve the model's precision. Both models are valuable tools for evaluating capacity constraints within the study areas and supporting capital improvement planning. They can be used to assess the sizes of replacement pipes for the Historic Pipe Replacement Program and to determine the appropriate dimensions of stormwater treatment devices for installation under the Mechanical Stormwater Treatment Phase 4 CIP project. Additionally, several stormwater planning studies, including the West Bozeman—South and Lower Bozeman Creek planning studies, have been recommended for future development. The planning-level and downtown stormwater models provide a robust framework that can guide the development of these and other future studies. A comprehensive summary of the CIP and planning study recommendations is available in the 2025 Bozeman Stormwater Facilities Report. 410 NGrand AveN 8thAveW Mendenhall St S 5thAveS 7th AveN 5thAveN 3rd AveS Grand Ave W Olive St W Babcock St S 3rd AveS6th AveS 4th AveN 7thAveW Main St Bozeman School District Property Bozeman W Dickerson St W Story St S Grand AveSWillson Ave W Koch St S 7thAveS 6th AveS 5th Ave W College St W Harrison St W Cleveland St W Arthur St Southside Park 22 Cooper Park W Garfield St S 6th Ave W Hayes St S 4th Ave 16 Waite Gate NBlack AveN Tracy AveNBozeman AveN Willson AveS Willson AveS Bozeman AveS TracyAveE B a b c o c k S t LindleyPlNRouseAveE Main S t Alfred M. Stiff Professional Building Bogert Park Hawthorne Elementary School STracy AveE Story S t DellPlIceP ondRdS Black Ave Ice House Park Gallagator Linear 1 Park Longfellow Elementary School Sigma Chi Bogert Park South Central S Bozeman Ave E G a rfield St S Montana Ave Gallagator Linear Park Esri Community Maps Contributors, Montana State University, Bozeman GIS, Montana State Library, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Source: Esri, Maxar, Earthstar Geographics, IGN, and the GIS User Community³0 250 500125Feet Stormwater Manhole Infiltration Gallery CIPP Existing Pipe Proposed Pipe Bypass SystemINFILTRATION GALLERY LOCATIONS WITH BYPASS FIGURE 9 DATE: 3/5/2025PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 DOWNTOWN STORMWATER SYSTEM MATHEW BIRD CREEKBOZEMAN CREEKLABEL KEY TEXT TEXT = PROPOSED DIAMETER = EXISTING DIAMETER 18-in 24-in24-in24-in15-in15-in15-in15-in15-in15-in 15-in 18-in 18-in18-in15-in15-in 15-in 15-in15-in15-in15-in15-in18-in18-in18-in8-in8-in10-in10-in10-in10-in10-in12-in15-in15-in15-in 8-in 8-in 8-in8-in 8-in8-in9-in9-in10-in10-in12-in10-in10-in10-in8-in9-in9-in6-in8-in8-in8-in10-in10-in10-in12-in12-in12-in12-in12-in18-in18-in15-in15-in15-in15-in15-in10-in 10-in10-in10-in10-in12-in12-in20-in20-in18-in12-in 15-in18-in18-in15-in 24-in 24-in 24-in18-in10-in 15-in18-in18-in 24-in15-in15-in15-in15-in15-in15-in15-in15-in15-in15-in20-in 27-in 27-in 15-in15-in15-in15-in15-in15-in15-in18-in15-in15-in15-in15-in18-in18-in18-in8-in15-in24-in 15-in 10-in10-in12-in24-in24-in18-in 18-in 18-in 24-in 411 NGrand AveN 8thAveW Mendenhall St S 5thAveS 7th AveN5thAveN 3rd AveS Grand Ave W Olive St W Babcock St S 3rd AveS6thAveS 4th AveN 7thAveW Main St Bozeman School District Property Bozeman W Dickerson St W Story St SGrand AveSWillson AveW Koch St S 7thAveS 6thAveS 5th Ave W College St W Harrison St W Cleveland St W Arthur St Southside Park 22 Cooper Park W Garfield St S 6th AveW Hayes St S 4thAve16 Waite Gate NBlack AveN Tracy AveNBozemanAveN Willson AveS Willson AveS Bozeman AveS TracyAveE B a bcock S t LindleyPlNRouseAveE Main St Alfred M. Stiff Professional Building Bogert Park Hawthorne Elementary School STracyAveE Story S t DellPlIce PondRdS Black AveIce House Park Gallagator Linear 1 Park Longfellow Elementary School Sigma Chi Bogert Park South Central S Bozeman AveE Garfield St S Montana Ave Gallagator Linear Park Esri Community Maps Contributors, Montana State University, Bozeman GIS, Montana State Library, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau, USDA, USFWS, Source: Esri, Maxar, Earthstar Geographics, IGN, and the GIS User Community³0 250 500125Feet Infiltration Gallery Alternative Gallery Location Stormwater Manhole CIPP Existing Pipe Proposed PipeINFILTRATION GALLERY LOCATIONS WITHOUT BYPASS FIGURE 10 DATE: 3/5/2025PROJECT: 4036.21888.02 1283 N. 14th Ave. Suite 101 Bozeman, Montana 59715 406-586-8834 DOWNTOWN STORMWATER SYSTEM MATHEW BIRD CREEKBOZEMAN CREEKLABEL KEY TEXT TEXT = PROPOSED DIAMETER = EXISTING DIAMETER 18-in 24-in24-in24-in15-in15-in15-in15-in15-in15-in 15-in 18-in 18-in18-in15-in15-in 15-in 15-in15-in15-in15-in15-in18-in18-in18-in8-in8-in10-in10-in10-in10-in10-in12-in15-in15-in15-in 8-in 8-in 8-in8-in 8-in8-in9-in9-in10-in10-in12-in10-in10-in10-in8-in9-in9-in6-in8-in8-in8-in10-in10-in10-in12-in12-in12-in12-in12-in18-in18-in15-in15-in15-in15-in15-in10-in 10-in10-in10-in10-in10-in12-in12-in12-in20-in20-in18-in12-in 15-in18-in18-in15-in 24-in 24-in 24-in18-in10-in 15-in18-in18-in 24-in15-in15-in15-in15-in15-in15-in15-in15-in15-in15-in20-in 27-in 27-in 15-in15-in15-in15-in15-in15-in15-in18-in15-in15-in15-in15-in18-in18-in18-in15-in24-in 15-in 15-in15-in412 Page 30 9.0 REFERENCES City of Bozeman. (2024). City of Bozeman Design and Construction Standards. Bozeman. DOWL. (2012). Final Hydraulics Report Rouse Ave. - Bozeman. Helena, MT. DOWL. (2016). MT State-Wide Precipitation Frequency Analysis. Helena: MDT. DOWL. (2017). Hydrology Appendix B-2017. Helena, MT: MDT. DOWL. (2021). City of Bozeman Downtown Stormwater Main Rehabilitation Evaluation - Precipitation Frequency Analysis. DOWL. (2021). Downtown Stormwater Basin Hydraulic Analysis. Bozeman: City of Bozeman. FEMA. (2021). Flood Insurance Study, Gallatin County, Montana. MDT. (2023). Hydraulics Manual. Helena. Retrieved 2024, from https://www.mdt.mt.gov/publications/manuals.aspx 413 SUPPLEMENT A: REPRESENTATIVE STORM EVENTS 414 City of Bozeman Representative Actual Storm Events Storm date Storm Duration (hrs) Total Storm Depth (in) Max Rainfall Intensity (in/hr) Frequency at End of Storm Max Freqency of Storm Data Source (NCDC Gallatin Field vs MSU ORSL) Representative 2-year Storms 4/30/1951 19.0 1.09 0.45 2-yr 6-yr (6.0-hr) Gallatin Field 6/17/1979 2.0 0.50 0.49 2-yr 2-yr (2.5-hr) Gallatin Field 6/26/1963 1.0 0.45 0.45 2.1-yr 2.1-yr (1.0-hr) Gallatin Field 6/12/2017 33.1 1.50 10.8 2.5-yr 3.7-year (24-hr) ORSL 6/16/2019 0.7 0.38 11.4 1.5-yr 3.2-yr (10-min) ORSL Representative 5-year Storms 6/29/2013 0.9 0.70 13.2 7.4-yr 7.4-yr (1-hr) ORSL 8/14/2017 27.0 0.67 9 4.9-yr 5.2-yr (30-min) ORSL 5/21/2004 3.0 0.76 0.56 5.9-yr 7.2-yr (2-hr) Gallatin Field 6/5/2007 35.0 1.89 0.15 7.1-yr 7.1-hr (18-hr) Gallatin Field Representative 10-year Storms 5/7/1965 1.0 0.79 0.79 10.9 10.9-yr (1-hr) Gallatin Field 6/9/1969 19.0 1.50 0.59 10.1 10.7-yr (18-hr) Gallatin Field 4/22/2018 18.0 1.48 2.4 10.7 10.7-yr (18-hr) ORSL Representative 25-year Storm 6/24/1969 45.0 2.95 0.15 30.1 34.7-yr (36-hr) Gallatin Field Representative 50-year Storms 5/12/1970 1.0 1.13 1.13 56.2 56.2-yr (1-hr) Gallatin Field 5/26/2019 13.0 1.54 0.31 35.2 51.8-yr (6-hr) Gallatin Field 415 SUPPLEMENT B: OUTFALL PROFILE PLOTS 416 417 418 419 420 421 422 SUPPLEMENT C: COST ESTIMATES 423 8th and 9th Avenue Improvements ITEM DESCRIPTION ADDITIONAL INFORMATION QUANTITY UNIT UNIT COST TOTAL TRAFFIC CONTROL $14/LF 1 LS $ 92,680 $ 92,680 RCP 12 IN 700 LNFT $ 100 $ 70,000 RCP 15 IN 2130 LNFT $ 150 $ 319,500 RCP 18 IN 730 LNFT $ 200 $ 146,000 RCP 24 IN 1290 LNFT $ 250 $ 322,500 RCP 30 IN 290 LNFT $ 265 $ 76,850 RCP 36 IN 1480 LNFT $ 300 $ 444,000 REMOVE STORM DRAIN 6620 LNFT $ 45 $ 297,900 REMOVE MANHOLE 21 EA $ 1,400 $ 29,400 ASPHALT RESTORATION 16600 SQYD $ 90 $ 1,494,000 MANHOLE STRUCTURE BASE 60 IN 15 EA $ 15,000 $ 225,000 MANHOLE STRUCTURE BASE 72 IN 5 EA $ 15,500 $ 77,500 MANHOLE STRUCTURE BASE 84 IN 1 EA $ 16,000 $ 16,000 $ - SUBTOTAL $ 3,611,330 CONTINGENCIES & UNLISTED ITEMS 30%$ 1,083,399 SUBTOTAL $ 4,694,729 MOBILIZATION 15%$ 704,209 SUBTOTAL $ 5,398,938 DESIGN 20%$ 1,079,788 SUBTOTAL $ 6,478,726 CONSTRUCTION ADMINISTRATION 15%$ 809,841 TOTAL $ 7,288,567 Wallace Street Improvements ITEM DESCRIPTION ADDITIONAL INFORMATION QUANTITY UNIT UNIT COST TOTAL TRAFFIC CONTROL $14/LF 1 LS $ 27,860 $ 27,860 RCP 12 IN 800 LNFT $ 100 $ 80,000 RCP 15 IN 350 LNFT $ 150 $ 52,500 RCP 24 IN 840 LNFT $ 250 $ 210,000 REMOVE STORM DRAIN 1990 LNFT $ 45 $ 89,550 REMOVE MANHOLE 7 EA $ 1,400 $ 9,800 ASPHALT RESTORATION 4870 SQYD $ 90 $ 438,300 MANHOLE STRUCTURE BASE 60 IN 7 EA $ 15,000 $ 105,000 $ - SUBTOTAL $ 1,013,010 CONTINGENCIES & UNLISTED ITEMS 30%$ 303,903 SUBTOTAL $ 1,316,913 MOBILIZATION 15%$ 197,537 SUBTOTAL $ 1,514,450 DESIGN 20%$ 302,890 SUBTOTAL $ 1,817,340 CONSTRUCTION ADMINISTRATION 15%$ 227,167 TOTAL $ 2,044,507 Arthur Street Improvements ITEM DESCRIPTION ADDITIONAL INFORMATION QUANTITY UNIT UNIT COST TOTAL TRAFFIC CONTROL $14/LF 1 LS $ 160,440 $ 160,440 RCP 12 IN 440 LNFT $ 100 $ 44,000 RCP 15 IN 3820 LNFT $ 150 $ 573,000 RCP 18 IN 2610 LNFT $ 200 $ 522,000 RCP 24 IN 2060 LNFT $ 250 $ 515,000 RCP 30 IN 350 LNFT $ 265 $ 92,750 RCP 36 IN 400 LNFT $ 300 $ 120,000 RCP 42 IN 1780 LNFT $ 380 $ 676,400 REMOVE STORM DRAIN 11500 LNFT $ 45 $ 517,500 REMOVE MANHOLE 35 EA $ 1,400 $ 49,000 ASPHALT RESTORATION 19750 SQYD $ 90 $ 1,777,500 MANHOLE STRUCTURE BASE 60 IN 30 EA $ 15,000 $ 450,000 MANHOLE STRUCTURE BASE 72 IN 3 EA $ 15,500 $ 46,500 MANHOLE STRUCTURE BASE 84 IN 2 EA $ 16,000 $ 32,000 $ - SUBTOTAL $ 5,576,090 CONTINGENCIES & UNLISTED ITEMS 30%$ 1,672,827 SUBTOTAL $ 7,248,917 MOBILIZATION 15%$ 1,087,338 SUBTOTAL $ 8,336,255 DESIGN 20%$ 1,667,251 SUBTOTAL $ 10,003,505 CONSTRUCTION ADMINISTRATION 15%$ 1,250,438 TOTAL $ 11,253,944 424 Single Infiltration Gallery ITEM DESCRIPTION ADDITIONAL INFORMATION QUANTITY UNIT UNIT COST TOTAL TRAFFIC CONTROL 1 LS $ 10,000 $ 10,000 DRAINAGE PIPE 48 IN 48" PERFORATED STORAGE PIPE 150 LNFT $ 400 $ 60,000 CURB AND GUTTER-CONC CURB AND GUTTER REPLACEMENT 150 LNFT $ 85 $ 12,750 ASPHALT RESTORATION 160'x24'430 SQYD $ 90 $ 38,700 MANHOLE STRUCTURE BASE 60 IN 2 EA $ 15,000 $ 30,000 CDS UNIT MANHOLE 6' STORMWATER TREATMENT DEVICE 1 EA $ 25,000 $ 25,000 DRAIN AGGREGATE WASHED ANGULAR STONE 670 CUYD $ 110 $ 73,700 SEPARATION GEOTEXTILE - HIGH 800 SQYD $ 3 $ 2,400 RCP 18 IN 40 LNFT $ 200 $ 8,000 $ - $ - SUBTOTAL $ 260,550 CONTINGENCIES & UNLISTED ITEMS 30%$ 78,165 SUBTOTAL $ 338,715 MOBILIZATION DESIGN 15% SUBTOTAL 20% $ $ $ 50,807 389,522 77,904 SUBTOTAL $ 467,427 CONSTRUCTION ADMINISTRATION 15% TOTAL $ $ 58,428 525,855 Standard Bypass System ITEM DESCRIPTION ADDITIONAL INFORMATION QUANTITY UNIT UNIT COST TOTAL TRAFFIC CONTROL $14/LF 1 LS $ 34,020 $ 34,020 RCP 24 IN 1140 LNFT $ 250 $ 285,000 RCP 30 IN 1290 LNFT $ 265 $ 341,850 ASPHALT RESTORATION 6200 SQYD $ 90 $ 558,000 MANHOLE STRUCTURE BASE 60 IN 13 EA $ 15,000 $ 195,000 MANHOLE STRUCTURE BASE 72 IN 1 EA $ 15,500 $ 15,500 $ - $ - SUBTOTAL $ 1,429,370 CONTINGENCIES & UNLISTED ITEMS 30%$ 428,811 SUBTOTAL $ 1,858,181 MOBILIZATION DESIGN 15% SUBTOTAL 20% $ $ $ 278,727 2,136,908 427,382 SUBTOTAL $ 2,564,290 CONSTRUCTION ADMINISTRATION 15% TOTAL $ $ 320,536 2,884,826 Downsized Bypass System ITEM DESCRIPTION ADDITIONAL INFORMATION QUANTITY UNIT UNIT COST TOTAL TRAFFIC CONTROL $14/LF 1 LS $ 34,020 $ 34,020 RCP 18 IN 1140 LNFT $ 200 $ 228,000 RCP 24 IN 1290 LNFT $ 250 $ 322,500 ASPHALT RESTORATION 5920 SQYD $ 90 $ 532,800 MANHOLE STRUCTURE BASE 60 IN 14 EA $ 15,000 $ 210,000 $ - $ - SUBTOTAL $ 1,327,320 CONTINGENCIES & UNLISTED ITEMS 30%$ 398,196 SUBTOTAL $ 1,725,516 MOBILIZATION DESIGN 15% SUBTOTAL 20% $ $ $ 258,827 1,984,343 396,869 SUBTOTAL $ 2,381,212 CONSTRUCTION ADMINISTRATION 15% TOTAL $ $ 297,652 2,678,864 Alternatives Alternative Description QUANTITY UNIT UNIT COST TOTAL Alternative 1 Four Infiltration Galleries 4 EA $ 525,855 $ 2,103,420 Alternative 2 Standard Bypass System 1 EA $ 2,884,826 $ 2,884,826 Three Infiltration Galleries 3 EA $ 525,855 $ 1,577,565 Alternative 3 Downsized Bypass System 1 EA $ 2,678,864 $ 2,678,864 Total $ 4,256,429 425 SUPPLEMENT D: RAIN-ON-GRID FIGURES 426 3 7 8 9 6 5 1 2 4 17 12 13 10 11 14 15 16 3.0+ 1.5-3.0 1.0-1.5 0.0-1.0 Maximum Runoff Depth (ft) Flow Direction Bozeman Creek Mapped Flood Area Storm Water System Points of Interest19th AveMain St Durston Rd §¨¦90 7th Ave19th Ave0 0.50.25 Miles I Map showing the maximum runoff depth generated from a 2-year, 24-hour storm event assuming no storm drain. This map assumes that runoff south of Main Street continues to flow north beyond Main Street. City of Bozeman Stormwater Areas of Concern 427 3 7 8 9 6 5 1 2 4 17 12 13 10 11 14 15 16 3.0+ 1.5-3.0 1.0-1.5 0.0-1.0 Maximum Runoff Depth (ft) Flow Direction Bozeman Creek Mapped Flood Area Storm Water System Points of Interest19th AveMain St Durston Rd §¨¦90 7th Ave19th Ave0 0.50.25 Miles I Map showing the maximum runoff depth generated from a 2-year, 24-hour storm event assuming no storm drain. This map assumes that all runoff south of Main Street is captured and does not flow north beyond Main Street. City of Bozeman Stormwater Areas of Concern 428 APPENDIX C: FLOW MEASUREMENT RATING CURVES 429 \\dowl.com\j\Projects\36\21888-02\60GIS\20_APRXs_MXDs\BZNFigures_CS.aprx Aajker Creek Flow Sensor Location Valley Grove Dr BisonTrlE Valley Center Rd E Valley Center Rd Aajker Creek Flow Measurement Device 0 10050Feet IProjection: NAVD88 Units: Feet Scale: 1 INCH EQUALS 100 ft Date: March 2025City of Bozeman Latitude: 45° 43' 46.45" N Longitude: 111° 7' 38.60" W 430 4571.84571.945724572.14572.24572.34572.44572.54572.600.511.522.533.544.555.566.577.588.599.5106/3/2023 6/13/2023 6/23/2023 7/3/2023 7/13/2023 7/23/2023 8/2/2023 8/12/2023 8/22/2023 9/1/2023 9/11/2023 9/21/2023 10/1/2023 10/11/2023 10/21/202310/31/2023WSEL (ft)Flow Rate (cfs)Aajker Creek HydrographFlowAverage FlowSignificant Storms (>0.4in)Measured FlowsMeaured WSELWSEL (ft)August 22nd 9.02 cfs4572.42 ftJuly 20th 6.00 cfs4572.12 ftNovember 1st 3.57 cfs4571.95 ftAverage Flow: 7.02 cfsMaximum Flow: August 20th, 9.37 cfs 431 Aajker Creek Rating Curve 109876543210 4,571.4 4,571.6 4,571.8 4,572.0 4,572.2 4,572.4 4,572.6 y = -12.043x3 + 26.409x2 - 7.9765x + 1.6378 DISCHARGE (cfs)WSE (ft)Flow Master Calibration Points Poly.(Flow Master)Rating Curve 432 DateSensor Depth Reading (ft)Discharge (cfs)Measured WSE (ft)Calculated WSE n=0.16Difference in WSE n=.167/20/20230.846.04572.124572.070.058/22/20231.149.04572.424572.420.0011/1/20230.673.64571.954571.870.09PVC ElevationSlope4571.280.011Max WSEL 4572.4 ftFlow Master Rating Data - Channel OnlyFlow (cfs)WSE (ft) (n=.16)Depth (ft) (n=.16)14,571.520.2424,571.670.3934,571.800.5244,571.910.6354,572.000.7264,572.090.8174,572.170.8984,572.250.9794,572.431.15433 \\dowl.com\j\Projects\36\21888-02\60GIS\20_APRXs_MXDs\BZNFigures_CS.aprx Baxter Creek Flow Sensor Location EValley Center Rd E Valley Center Rd B a xter C r e e k Baxter Creek Flow Measurement Site 0 10050Feet IProjection: NAVD88 Units: Feet Scale: 1 INCH EQUALS 100 ft Date: March 2025City of Bozeman Latitude: 45° 43' 44.62" N Longitude: 111° 6' 53.21" W 434 4578.04578.54579.04579.54580.04580.54581.04581.50.01.02.03.04.05.06.07.05/24/2023 6/3/2023 6/13/2023 6/23/2023 7/3/2023 7/13/2023 7/23/2023 8/2/2023 8/12/2023 8/22/2023 9/1/2023 9/11/2023 9/21/2023 10/1/2023 10/11/2023 10/21/202310/31/2023WSEL (ft)Flow Rate (cfs)Baxter Creek HydrographMeasured FlowFlowAverage FlowSignificant Storm (>0.4in)Measured WSELWSELMax WSELJune 3rd 6.20 cfs August 3rd 1.50 cfs 4578.74 ftAugust 22nd 2.10 cfs 4578.79 ftJuly 20th 1.89 cfs 4578.79 ftAugust 22nd 2.10 cfs Maximum FlowJune 4th, 6.66 cfsJune 3rd 4579.25 ftMax WSEL 4581.13 ftAverage Flow 2.37 cfs435 y = 4578.4x0.00014,578.24,578.44,578.64,578.84,579.04,579.24,579.44,579.6024681012WSE (ft)DISCHARGE (cfs)Baxter Creek Rating CurveCalibration PointsFlow MasterPower (Flow Master)Rating Curve436 DateSensor Depth Reading (ft)Discharge (cfs)Measured WSECalculated WSE n=0.12Difference in WSE n=0.126/3/20231.086.24579.254578.470.797/20/20230.611.94578.794578.210.588/3/20230.561.54578.744578.170.578/22/20230.612.14578.794578.210.58PCV ElevationSlope4578.180.002Max WSE 4581.13Flow Master Rating DataFlow (cfs)WSE (ft) (n=0.12)Depth (ft) (n=0.12)14,578.440.2624,578.750.5734,578.940.7644,579.070.8954,579.181.0064,579.261.0874,579.331.1584,579.391.2194,579.451.27104,579.511.33437 \\dowl.com\j\Projects\36\21888-02\60GIS\20_APRXs_MXDs\BZNFigures_CS.aprx Farmer's Canal DS Flow Sensor Location Tschache Ln Tschache Ln SpringCreekFarmer's Canal DS Flow Measurement Site 0 10050Feet IProjection: NAVD88 Units: Feet Scale: 1 INCH EQUALS 100 ft Date: March 2025City of Bozeman Latitude: 45° 41' 46.81" N Longitude: 111° 3' 24.74" W 438 47354735.547364736.547374737.547384738.547394739.50.02.04.06.08.010.012.014.016.018.05/19/2023 5/29/2023 6/8/2023 6/18/2023 6/28/2023 7/8/2023 7/18/2023 7/28/2023 8/7/2023 8/17/2023 8/27/2023 9/6/2023 9/16/2023 9/26/2023 10/6/202310/16/2023WSEL (ft)Flow Rate (cfs)Farmers Canal DS HydrographFlowMeasured FlowAverage FlowSignificant Storm (>0.4in)WSELMeasured WSELMax WSELJuly 20th0.53 cfs4736.06 ftAugust 3rd 2.95 cfs4736.39 ftMax WSEL = 4738.90 ftAverage flow 3.82 cfsMaximum Flow July 10th, 15.27 cfs439 y = -0.0025x2+ 0.1556x + 4735.94735.54736.04736.54737.04737.54738.04738.54739.005101520253035WSE (ft)DISCHARGE (cfs)Farmers Canal DS Rating CurveCalibration PointsFlow MasterPoly. (Flow Master)Rating Curve440 DateSensor Depth Reading (ft)Flow (cfs)Measured WSEWSE at US Cross Section LocationCalculated WSE n=0.11Calculated WSE n=0.11 Difference in WSE n=0.11 US7/20/20230.610.54736.074736.144735.844735.640.308/3/20230.933.04736.394736.454736.104735.830.358/21/20231.7430.34737.204737.264737.954737.64-0.69PCV ElevationSlopeAdjusted PVC Elevation US4735.460.0044735.52Max WSE 4739.4Flow Master Rating Data USFlow (cfs)WSE (ft) (n=.11)14,735.9834,736.3654,736.6674,736.9194,737.17114,737.52134,737.64154,737.75174,737.85194,737.94214,738.03234,738.11254,738.19274,738.26294,738.33314,738.40334,738.49441 \\dowl.com\j\Projects\36\21888-02\60GIS\20_APRXs_MXDs\BZNFigures_CS.aprx Farmer's Canal US Flow Sensor LocationFowlerAveFowlerAveFarmer's Canal US Flow Measurement Site 0 10050Feet IProjection: NAVD88 Units: Feet Scale: 1 INCH EQUALS 100 ft Date: March 2025City of Bozeman Latitude: 45° 40' 8.49" N Longitude: 111° 5' 2.91" W 442 Farmers Canal US Hydrograph 10/23/202310/13/202310/3/20239/23/20239/13/20239/3/20238/24/20238/14/20238/4/20237/25/20237/15/20237/5/20236/25/20236/15/20236/5/20235/26/20230 5 10 15 20 25 30 35 40 4865.0 4865.5 4866.0 4866.5 4867.0 4867.5 4868.0 Flow Rate (cfs)WSEL (ft)Flow Average Flow Measured Flow Significant Storm (>0.4in)Measured WSEL WSEL Max WSEL July 20th 1.56 cfs 4865.17 ft August 3rd 6.49 cfs 4865.64 ft August 21st 30.02 cfs 4866.85 ft Max WSEL = 4867.40 ft Maximum Flow June 3rd, 34.43 cfs Average Flow 12.48 cfs 443 y = -0.0013x2+ 0.1205x + 4864.84864.54865.04865.54866.04866.54867.04867.505101520253035WSE (ft)DISCHARGE (cfs)Farmers Canal US Rating CurveCalibration PointsFlow MasterPoly. (Flow Master)Rating Curve444 PCV Elevation Distance from PVC to XS Slope Adjusted PVC Elevation 4865.13 23 0.001 4865.11 Max WSEL 4867.40 Date Sensor Depth Reading (ft)Flow (cfs)Measured WSE Calculated WSE n=0.11 Difference in WSE n=0.11 7/20/2023 0.07 1.6 4865.17 4864.97 0.21 8/3/2023 0.53 6.5 4865.64 4865.51 0.13 8/21/2023 1.75 30.0 4866.85 4867.23 -0.37 Flow Master Rating Data Flow (cfs)WSE (ft) (n=.11) 1 4,864.80 2 4,864.99 3 4,865.14 4 4,865.27 5 4,865.39 6 4,865.50 7 4,865.60 8 4,865.69 9 4,865.79 10 4,865.87 11 4,865.96 12 4,866.04 13 4,866.12 14 4,866.21 15 4,866.29 16 4,866.37 17 4,866.45 18 4,866.52 19 4,866.60 20 4,866.66 21 4,866.73 22 4,866.79 23 4,866.86 24 4,866.92 25 4,866.99 26 4,867.09 27 4,867.17 445 \\dowl.com\j\Projects\36\21888-02\60GIS\20_APRXs_MXDs\BZNFigures_CS.aprx Outfall 1 DS Flow Sensor LocationLakeRdEValleyCenterRd Outfall 1 DS Flow Measurement Site 0 10050Feet IProjection: NAVD88 Units: Feet Scale: 1 INCH EQUALS 100 ft Date: March 2025City of Bozeman Latitude: 45° 43' 45.45" N Longitude: 111° 6' 13.01" W 446 4,586.64,586.84,587.04,587.24,587.44,587.64,587.84,588.04,588.24,588.44,588.60246810125/24/2023 6/3/2023 6/13/2023 6/23/2023 7/3/2023 7/13/2023 7/23/2023 8/2/2023 8/12/2023 8/22/2023 9/1/2023 9/11/2023 9/21/2023 10/1/2023 10/11/202310/21/202310/31/2023WSEL (ft)Flow Rate (cfs)Outfall 1 DS HydrographFlowMeasured FlowAverage FlowSignificant Storm (>0.4in)WSELMeasured WSELMax WSELJune 3rd 8.92 cfs 4587.86 ftJuly 20th 6.71 cfs4587.49 ftAugust 22nd 2.72 cfs 4587.14 ftAverage Flow 3.92 cfsMax WSEL 4588.40 ftMaximum Flow June 8th, 10.80 cfs447 y = -0.0038x2+ 0.1689x + 4586.64586.64586.84587.04587.24587.44587.64587.84588.04588.24588.44588.60.02.04.06.08.010.012.014.016.0WSE (ft)DISCHARGE (cfs)Outfall 1 DS Rating CurveCalibration PointsFlow MasterPoly. (Flow Master)Rating Curve448 DateSensor Depth Reading (ft)Flow (cfs)Measured WSEWSE n=0.105Difference in WSE n=0.1056/3/20231.458.94587.864587.850.017/20/20231.086.74587.494587.61-0.118/22/20230.732.74587.144587.080.06Bottom of PVC SlopeElevation4586.410.008Max WSE 4588.40 ftFlow Master Rating DataFlow (cfs)WSE (ft) (n=0.105)14586.7634587.1554587.4474587.6794587.85114587.99134588.12154588.39449 \\dowl.com\j\Projects\36\21888-02\60GIS\20_APRXs_MXDs\BZNFigures_CS.aprx Outfall 1 US Flow Sensor LocationLaramie D r Laramie Dr FowlerAveFowlerAveW Main St Outfall 1 US Flow Measurement Site 0 10050Feet IProjection: NAVD88 Units: Feet Scale: 1 INCH EQUALS 100 ft Date: March 2025City of Bozeman Latitude: 45° 40' 17.25" N Longitude: 111° 5' 4.09" W 450 4,850.54,851.04,851.54,852.04,852.54,853.04,853.54,854.04,854.50123456789105/24/2023 6/3/2023 6/13/2023 6/23/2023 7/3/2023 7/13/2023 7/23/2023 8/2/2023 8/12/2023 8/22/2023 9/1/2023 9/11/2023WSEL (ft)Flow Rate (cfs)Outfall 1 US HydrographFlowMeasured FlowAverage FlowSignificant Storm (>0.4in)WSELMeasured WSELMax WSELJuly 20th 0.13 cfs4851.35 ftAugust 21st 0.54 cfs4851.50 ftAverage Flow 0.72 cfs Max WSEL = 4854.13 ftMaximum FlowJuly 10th, 9.71 cfs 451 4,851.04,851.24,851.44,851.64,851.84,852.04,852.24,852.44,852.6024681012WSE (ft)DISCHARGE (cfs)Outfall 1 US Rating CurveCalibration PointsFlow MasterPoly. (Flow Master)Rating Curve452 WSE Calculated Difference DateSensor Depth Reading (ft)Flow (cfs)Measured WSEAdjusted USWSE n=0.11in WSE n=0.11 US7/20/20230.170.134851.134851.354851.150.208/21/20230.320.544851.274851.504851.300.19PCV ElevationSlopeAdusted PVC Elevation for US4850.950.014851.18Max WSE 4854.13Flow master FlowWSE (ft) (n=.11)0.14,851.140.64,851.371.14,851.491.64,851.592.14,851.682.64,851.753.14,851.823.64,851.894.14,851.954.64,852.005.14,852.055.64,852.106.14,852.156.64,852.207.14,852.247.64,852.288.14,852.328.64,852.369.14,852.409.64,852.43453 APPENDIX D: WATER QUALITY CAPITAL PROJECTS 454 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE Outfalls For Water Quality Treatment Assessment Background: Bozeman’s modern stormwater water quality standards came into existence in 1980. Prior to 1980, development projects did not include post-construction BMPs designed to meet water quality standards. As a result, numerous sub-watersheds exist that do not provide the same level of service as those developed post-1980. Increasing the water quality level of service of pre-1980 sub-watersheds to a modern standard can be accomplished using BMPs whose primary function is treatment, infiltration, or a combination of both. Sediment removal BMPs should be prioritized due to Bozeman and Mandeville Creek impairments (TMDL info). As of 2024, the City has completed 29 water quality projects, providing treatment to 594 acres within pre-1980 sub-watersheds. The majority of projects consist of hydrodynamic separators installed in-line with existing infrastructure, with a primary function of sediment removal. Several infiltration-based projects have been completed, with a primary function of flood control with a sediment removal co- benefit. To increase the water quality level of service provided by pre-1980 sub-watersheds, the following have been completed;  Delineation of pre-1980 sub-watersheds,  Identification of sub-watersheds with a completed water quality improvement project,  Identification of sub-watersheds without water quality improvements,  Hydrologic and hydraulic (????) analysis of sub-watersheds,  Sub-watershed description and potential project identification, and  Budget estimates for most appropriate project type. We will discuss with DOWL and select which will be carried forward through planning-level design per Scope 2.4.5. Water Quality Improvements Projects: Project Location: S. 11th Ave and Koch St. Sub-Watershed Size: 32.3 Acres Land Use: Residential Sub-Watershed Description: This residential sub-watershed is a 32.3-acre area of mostly single-family residential land use. The existing infrastructure consists of curb and gutter with 21 standard inlets leading to a 21” outfall to Mandeville Creek where it is piped beneath S. 11th Ave. There is not currently any treatment within this watershed. It is a candidate for a mechanical separator as it has a single main line leading to the creek and apparent space between utilities in Koch Street. Trees only occupy about half or so of boulevard areas that could be used for infiltration if geotechnical and utilities allow. 455 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE Hydrologic & Hydraulic Analysis: The planning level model shows the outlet storm drain pipe with a peak flow of 12.17 cfs during the 2-year, 24-hr synthetic storm with the storm drain surcharging through the manholes. If there is an option to put in an infiltration gallery, that would be helpful to increase the service level on the SD system. Project Identification: Installing a hydrodynamic separator first would allow staff to test function. If it is regularly being overwhelmed, infiltration could be added to assist in keeping flow rates low. Budget Estimate: Hydrodynamic Separator Item Description Additional Info Quantity Unit Unit Cost Total Traffic Control 1 LS $14,000 $14,000 Mobilization 1 LS $18,000 $18,000 Taxes, Bonds, Insurance 1 LS $9,000 $9,000 Connection to Existing 2 LNFT $12,000 $24,000 Concrete Restoration 20 $25 $0 Asphalt Restoration dimensions 100 SQYD $75 $7,500 Curb and Gutter Restoration 30 LNFT $40 $1,200 Pretreatment Unit CDS 8'1 EA $145,000 $145,000 Removal and Disposal Material 20 CUYD $250 $5,000 Miscellaneous 1 EA $10,000 $10,000 Pipe 21"30 LNFT $240 $7,200 Subtotal $240,900 Design $48,180 Construction Admin $36,135 Total $325,215 456 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE Project Location: Arthur Watershed Sub-Watershed Size: 131 Acres Land Use: Residential / Institutional Sub-Watershed Description: This watershed discharges to Matthew Bird Creek via a single 18” outfall. Half of the pipe in this drainage is VCP material and susceptible to tree root intrusion. While none of this watershed was originally built with water quality standards in place, some areas of MSU campus have redeveloped. Several more upgrades are underway which should reduce the flows and pollution to this outfall. The location that first seems to be the place to install water quality treatment is in the unpaved portion of South Black Avenue. Because of grades and the water level at the creek, this may be a challenging location to install. Just east of Willson, the right-of-way has few utilities and significant depth to groundwater. Hydrologic & Hydraulic Analysis: The planning level stormwater model is showing that the whole pipe system through this area is undersized with surcharging through the manholes occurring at the 2-year, 24-hr event. The peak flow that is discharged into Matthew Bird Creek is 13.53 cfs though it is likely more than that due to the surcharged manholes. Unless infiltration galleries are incorporated into this SD system to help offload it, slip lining is not an option for pipe renewal. Project Identification: Reducing volume to this outfall may be a beneficial strategy in additional ways that simply addressing water quality with mechanical separation would not affect. If the current pipe size can be maintained, slip lining becomes an option for pipe renewal. There is recent evidence of the pipe surcharging at the bottom of the hill by South Black Ave. Infiltration-based solutions would reduce quantity, although there are limited spaces to site them between the mature trees and utilities. Multiple cross streets have potential space for infiltration because they lack water or sewer mains. It may be best to put a smaller infiltration project on each branch before it collects in Arthur. Additional savings would be realized at pipe replacement, where slip lining would save approximately half of the cost of dig-and-replace methods for 2000 feet of pipe. Estimate for 5 smaller structures. 457 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE Budget Estimate: Infiltration Gallery Item Description Additional Info Quantity Unit Unit Cost Total Traffic Control 1 LS $12,000 $12,000 Mobilization 1 LS $15,000 $15,000 Taxes, Bonds, Insurance 1 LS $5,000 $5,000 Perf Pipe 48" storage 400 LNFT $85 $34,000 Concrete Restoration 500 SQFT $25 $12,500 Asphalt Restoration dimensions 450 SQYD $90 $40,500 Manhole Structures 6x6 5 EA $15,500 $77,500 Pretreatment Unit SAFL Baffle 5 EA $6,000 $30,000 Bedding washed rock 670 CUYD $100 $67,000 Separation Geotextile 800 SQYD $4 $3,200 Pipe 12"200 LNFT $180 $36,000 Subtotal $332,700 Design $66,540 Construction Admin $49,905 Total $449,145 458 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE Project Location: Willson Watershed 7c Sub-Watershed Size: 38.6 Acres Land Use: Residential / Commercial Sub-Watershed Description: This sub-watershed is 38.6 Acres and lies in the Bozeman Creek watershed. This sub-watershed ranges from single-family residential, multi-family residential, and commercial use. This watershed is mostly lined with curb and gutter and has no treatment before discharging into the downtown trunk line and then Bozeman Creek. Neighboring sub-watersheds have mechanical separator units before hitting the trunk line. Mature trees limit boulevard space, and asphalt was redone a few years ago. At most, there may be space to install 4 drywells, it is unlikely that a more typical infiltration boulevard would fit anywhere in this watershed. The hydraulic analysis from the Trunk Line project suggested that 5 infiltration galleries would be needed. Story, Koch, and Curtiss are cross streets which lack water and sewer mains. Curtiss is the best location without having survey data. Hydrologic & Hydraulic Analysis: The planning level stormwater model shows a peak discharge of 4.86 cfs from the lateral during the 2-year, 24-hour storm though the system does surcharge through the manholes. This is a storm drain system we are recommending an underground infiltration gallery be installed on because the service level of the storm drain is so low. Earlier analysis suggested upsizing this entire stormwater main to City minimum of 15” when the clay tile is removed. Reducing flow would alleviate downstream issues, but would likely not allow us to reduce pipe size in the pipe rehab effort. Project Identification: This outfall is a good opportunity to address quality and quantity at the same time with infiltration. A mechanical separator near the outfall point north of Main Street would address quality, but not quantity. Budget Estimate: 459 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE Project Location: Basin 25 Sub Watershed Size: 128.7 Acres Land use type: Mixed-use residential and commercial Sub-Watershed Description: This sub-watershed has a 13-block run with no treatment before outfalling into Tributary - SWWW_00053 that ultimately flows into Mandeville Creek. It is a good candidate for treatment as there is a single outfall on Villard that could host a mechanical separator unit. A capital project scheduled for FY29 at the outfall area would replace the sanitary sewer and presumably the ditch section. The area of this capital item is known to flood into yards during high-intensity events. A severe bottleneck also exists at 8th and Main Street. There are open boulevard sections without trees, with the most options available along 9th Avenue. This watershed could also be broken into several sub- watersheds. Hydrologic & Hydraulic Analysis: The peak flow discharging into the tributary at the 2- year, 24-hr event is 27.92 cfs although much of this system surcharges through the manholes. Raingarden or underground infiltration galleries could be a could option to help increase the service of the SD system. Project Identification: Infiltration should be installed upstream of the bottleneck at Main Street to alleviate quantity issues in addition to quality. South 8th Avenue at Koch St. lacks sewer and water mains, this might be a good location. There is likely a boulevard near MSU where we could add a raingarden component to capture a portion of the upper watershed and gain the benefit of education and a visible stormwater feature. Estimate includes one infiltration facility and one boulevard rain garden. Budget Estimate: Infiltration Gallery Item Description Additional Info Quantity Unit Unit Cost Total Traffic Control 1 LS $15,000 $15,000 Mobilization 1 LS $8,000 $8,000 Taxes, Bonds, Insurance 1 LS $10,000 $10,000 Perf Pipe 48" storage 300 LNFT $85 $25,500 Concrete Restoration 500 SQFT $25 $12,500 Asphalt Restoration dimensions 400 SQYD $90 $36,000 Manhole Structures 6x6 1 EA $15,500 $15,500 Flow Control Structure 1 EA $16,000 $16,000 Pretreatment Unit SAFL Baffle 1 EA $6,000 $6,000 Bedding washed rock 670 CUYD $100 $67,000 Separation Geotextile 800 SQYD $4 $3,200 Pipe 12"60 LNFT $150 $9,000 Boulevard Rain Garden 5x40 200 SQFT $500 $100,000 Pipe 18"100 LNFT $200 $20,000 Subtotal $343,700 Design $68,740 Construction Admin $51,555 Total $463,995 460 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE Project Location: Cherry Drive Sub Watershed Size: 12 Acres represents roughly half of the sub-watershed reaching the tributary. This area includes the right-of-way and some residential front yards which lead a single inlet; the other half is in an open space area. Land Use: Residential, Open Space Hydrologic & Hydraulic Analysis: N/A Sub-Watershed Description: This sub-watershed has a single curb inlet at the bottom of a hill that receives a lot of traction sand application in winter. Stormwater receives treatment afterward by traveling through grassy swales; capture of the first flush would aid maintenance and function at the inlet location. Estimate is for four drywells along the curbline at the top of the hill, and the beginning of the cul-de-sac. Project Identification: Infiltration via dry-wells. Budget Estimate: Dry Wells Item Description Additional Info Quantity Unit Unit Cost Total Traffic Control 1 LS $5,000 $5,000 Mobilization 1 LS $6,000 $6,000 Taxes, Bonds, Insurance 1 LS $9,000 $9,000 Perf Pipe 48" storage 0 LNFT $85 $0 Concrete Restoration 500 20 $25 $12,500 Asphalt Restoration dimensions 40 SQYD $90 $3,600 Drywell with stone +fabric, casting, 5'4 EA $18,000 $72,000 Subtotal $108,100 Design $21,620 Construction Admin $16,215 Total $145,935 461 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE Project Location: Langhor Ave. Sub-Watershed Size: 48.5 Acres + 42 Acres Land Use: Residential Sub-Watershed Description: The northern end is a good candidate for a separator as the pipe system collects a large area with no treatment before entering Figgins Creek, a direct tributary to Bozeman Creek. Infiltration may be possible in boulevards, but groundwater might interfere in a deeper installation. Hydrologic & Hydraulic Analysis: N/A Project Identification: The watershed directly to its southern border drains into this system through an open grassy swale, adding an additional 42 acres of residential stormwater runoff which is not built to modern standards but does have some detention for medium sized storm events. There are boulevards without continuous trees, but many areas lack curb and gutter or a typical boulevard, ruling out boulevard infiltration. Budget Estimate: Infiltration Gallery Item Description Additional Info Quantity Unit Unit Cost Total Traffic Control 1 LS $14,000 $14,000 Mobilization 1 LS $18,000 $18,000 Taxes, Bonds, Insurance 1 LS $9,000 $9,000 Connection to Existing 2 LNFT $12,000 $24,000 Concrete Restoration 45 SQYD $25 $1,125 Asphalt Restoration dimensions 100 SQYD $75 $7,500 Curb and Gutter Restoration 60 LNFT $25 $1,500 Pretreatment Unit CDS 8'1 EA $145,000 $145,000 Removal and Disposal Material 20 CUYD $250 $5,000 Miscellaneous 1 EA $10,000 $10,000 Pipe 30"30 LNFT $285 $8,550 Subtotal $243,675 Design $48,735 Construction Admin $36,551 Total $328,961 462 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE Project Location: W. Olive/ S.16th/ W. Babcock Sub Watershed Size: 40 Acres Land Use: Multi-Family/ Commercial Sub-Watershed Description: This ditch discharges to Mandeville Creek in large events only. The area to the north is a controlled groundwater area, so reducing the amount of stormwater through this area could be beneficial. A separator wouldn’t work well in this location due to Middle Creek Ditch and the size of the separator that would be required. Hydrologic & Hydraulic Analysis: N/A Project Identification: Recommended action is to wait for Babcock and College street projects to arrive, and bring those contributing areas up to modern standard. If flow reaching Mandeville Creek is observed after that time, consider adding rain gardens in boulevards. Budget Estimate: Infiltration Gallery Boulevard Item Description Additional Info Quantity Unit Unit Cost Total Traffic Control 1 LS $12,000 $12,000 Mobilization 1 LS $8,000 $8,000 Taxes, Bonds, Insurance 1 LS $10,000 $10,000 Perf Pipe 48" storage 100 LNFT $85 $8,500 Concrete Restoration 500 SQFT $25 $12,500 Asphalt Restoration dimensions 120 SQYD $90 $10,800 Dry Well 5'1 EA $15,500 $15,500 Bedding washed rock 350 CUYD $100 $35,000 Separation Geotextile 400 SQYD $4 $1,600 Boulevard Rain Garden 5x40 200 SQFT $500 $100,000 Subtotal $213,900 Design $42,780 Construction Admin $32,085 Total $288,765 463 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE Project Location: E. Cleveland St. / E. Garfield St. Sub-Watershed Size: 31 Acres Land Use: Single-family and multi-family Residential Sub-Watershed Description: This will be a difficult area to site a mechanical separator due to utility layout and trees at the downstream end of the watershed. It discharges 31 acres of stormwater runoff directly into Matthew Bird Creek, which joins with Bozeman Creek shortly thereafter. There are some boulevard areas where infiltration might be possible. The main has some baseflow. Hydrologic & Hydraulic Analysis: N/A Project Identification: Check feasibility for installing a wet detention watershed near the Galligator Trail and discuss with Parks and Water Resources Engineering. If there is insufficient space or other barriers, consider a hydrodynamic separator on the west branch where there is more room to install it, and smaller boulevard infiltration on the east streets. Groundwater may be a limiting factor and boulevards will have to be relatively shallow. Budget Estimate: N/A 464 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE Project Location: Kagy / Highland Sub-Watershed Size: 29 Acres Land Use: Single Family, Roadway Sub-Watershed Description: This watershed drains directly into Bozeman Creek and has no treatment. A future road project in this location may be a good time to install new infrastructure. Some of the land is owned by MDT. The median or park provide space, although the steeper slope may complicate grades and the typical layout. Waiting for a road or intersection project would make sure the design can work in the long term. Hydrologic & Hydraulic Analysis: N/A Project Description: This sub-watershed would be a great candidate for various treatment types as the storm main lies under a large boulevard/ median area. Budget Estimate: Infiltration Gallery Item Description Additional Info Quantity Unit Unit Cost Total Traffic Control 1 LS $25,000 $25,000 Mobilization 1 LS $15,000 $15,000 Taxes, Bonds, Insurance 1 LS $10,000 $10,000 Perf Pipe 48" storage 400 LNFT $85 $34,000 Concrete Restoration 200 SQFT $25 $5,000 Asphalt Restoration dimensions 300 SQYD $90 $27,000 Landscaped Restoration 200 SQYD $60 $12,000 Manhole Structures 6x6 5 EA $15,500 $77,500 Pretreatment Unit SAFL Baffle 5 EA $6,000 $30,000 Bedding washed rock 670 CUYD $100 $67,000 Separation Geotextile 800 SQYD $4 $3,200 Pipe 15"200 LNFT $180 $36,000 Subtotal $341,700 Design $68,340 Construction Admin $51,255 Total $461,295 465 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE Project Location: S. 20th Ave. Sub-Watershed Size: 27 Acres Land Use: Multi-Family, Commercial Sub-Watershed Description: In this high-density, 27-acre sub-watershed which drains into E. Fork Catron Creek, clearance to groundwater and utilities should be considered because the utility layout is not uniform in the roads. Hydrologic & Hydraulic Analysis: N/A Project Identification: A mechanical separator south of Babcock would be the simplest solution, although there are many boulevards without trees where we could install infiltration. Budget Estimate: Infiltration Gallery Item Description Additional Info Quantity Unit Unit Cost Total Traffic Control 1 LS $14,000 $14,000 Mobilization 1 LS $18,000 $18,000 Taxes, Bonds, Insurance 1 LS $9,000 $9,000 Connection to Existing 2 LNFT $12,000 $24,000 Concrete Restoration 20 SQYD $25 $500 Asphalt Restoration dimensions 100 SQYD $75 $7,500 Curb and Gutter Restoration 30 LNFT $40 $1,200 Pretreatment Unit CDS 8'1 EA $145,000 $145,000 Removal and Disposal Material 20 CUYD $250 $5,000 Miscellaneous 1 EA $10,000 $10,000 Pipe 18"40 LNFT $240 $9,600 Subtotal $243,800 Design $48,760 Construction Admin $36,570 Total $329,130 466 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE The following projects will not receive budget level estimates. After the higher priority projects from this list are completed, these should be considered for boulevard rain garden installation. These should accept drainage from smaller areas of around 0.5-2 acres. Project Location: Babcock and Ferguson Sub-Watershed Size: 26 Acres Land Use: Residential Sub-Watershed Description: This residential area drains into Tributary - SWWW_00007, which drains to West Gallatin Canal and has the potential for multiple types of treatment to be installed. The future buildout of Babcock should be considered. About a third of this watershed is treated via a detention pond. A good bit of pervious area, we may have better options available. Hydrologic & Hydraulic Analysis: N/A Project Identification: N/A Budget Estimate: N/A 467 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE Project Location: Durston and Meagher Ave. Sub-Watershed Size: 22 Acres Land Use: Residential Sub-Watershed Description: This 22-acre sub-watershed has mature trees in most boulevard. The stormwater main that runs along the south of Durston may also be a good candidate for an inline treatment unit. It’s an option but with this being a residential subwatershed with a good bit of pervious area, we may have better options available. Hydrologic & Hydraulic Analysis: N/A Project Identification: Good candidate for an inline treatment unit Budget Estimate: N/A 468 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE Project Location: 20th and Durston Sub-Watershed Size: 19 Acres Land Use: Residential/commercial Sub-Watershed Description: This 19-acre sub-watershed drains into East Fork Catron Cr. at a single point with space to install a treatment unit. Most of the boulevard space is occupied with trees. The future alignment of Durston should be considered. Hydrologic & Hydraulic Analysis: N/A Project Identification: Install a treatment unit. It’s an option, but as this is a residential subwatershed with a good bit of previous area, we may have better options available. Baseflow from East Fork Catron Creek may be an issue. Budget Estimate: N/A 469 M PO BOX 1230 BOZEMAN, MT 59771 P 406-582-2916 W WWW.BOZEMAN.NET THE MOST LIVABLE PLACE The following three watersheds are in the approved capital plan and will be built over the next few years. Monitor projects for several years after installation and determine if additional boulevard rain gardens are needed to reduce the volume inputs. 470 Memorandum REPORT TO:City Commission FROM:Emily Cope, Economic Development Director, Downtown Bozeman Partnership SUBJECT:Downtown Business Improvement District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to approve to approve the Downtown Business Improvement District Fiscal Year 2026 Work Plan and Budget. STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers â€“ including higher densities and intensification of use in these key areas. BACKGROUND: The Downtown Bozeman Partnership administers the Downtown Business Improvement District (BID) on behalf of the City of Bozeman. The Downtown BID Board, as appointed by the City Commission, directs the programs, projects and initiatives of the Downtown BID. MCA 7-12-1131 guides the programs, projects and initiatives of the Downtown BID. The Downtown BID Board approved the Downtown BID FY2026 work plan and budget at their monthly public board meeting on March 19, 2025. The Fiscal Year 2025 Annual Report is attached. UNRESOLVED ISSUES:N/A. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS: The Downtown BID is funded by the special assessments collected from property owners within the district. The BID assessment for FY2026 will be $280,000 as approved by the board at the March 19, 2025 board meeting. The estimated assessment rate is estimated to be $0.0215. Attachments: FY2026 BID Work Plan and Budget.pdf 471 FY2025 BID Annual Report.pdf Report compiled on: April 23, 2025 472 Downtown Business Improvement District FY2026 BID Work Plan and Budget BID Mission Statement The BID is an organization of downtown property owners who through thoughtful, pro-active collaboration and partnership with local government, business owners, residents and citizens strive to create a shared vision and voice for the community of downtown Bozeman. The BID will commit resources, identify, plan and act on short- term and long-term initiatives otherwise unavailable to individual owners. The BID has a goal of ensuring the long-term preservation and vitality of the city’s underlying economic, cultural, social and environmental assets and the BID will work together to keep our downtown a safe, beautiful and vibrant place. BID Assessment Programs The following programs are funded by the special assessments collected from property owners within the Downtown Business Improvement District. The BID assessment for FY2025 will be $280,000. The BID will also receive approximately $54,000 in additional revenue from sponsorships and maintenance contracts. Downtown Bozeman Partnership ($82,500) The BID is a member of the Downtown Bozeman Partnership. The BID contributes to the administration of the Downtown Partnership office located at 222 East Main Street. Downtown Bozeman Association ($28,000) The BID contributes to the DBA to support its events, staff and marketing efforts to promote downtown. The DBA hosts events downtown that include Art Walks, Music on Main, Crazy Days, Cruisin’ on Main Car Show, Cat Walk, Restaurant Week and more. Summer Flowers ($34,900) This will be the second summer with 318 Earth Planter baskets. The Earth Planter baskets provide improved plant growth by regulating water delivery based on soil conditions while reducing labor costs, fuel and water usage. The baskets only need to be watered two to three times per week rather than seven days a week. These flower baskets are hung throughout downtown from June through September. This amount covers the planting cost and water cost. 473 Holiday Lighting ($21,175) The BID installs the following holiday lighting downtown: 1) lighted garland on each historic lamp post along Main Street; 2) lights on the large conifer trees in Soroptomist Park; 3) garland wreaths at the Rouse, Church, Wallace, and Grand intersections; and 4) the infamous holiday “spider” decorations above four downtown intersections. The green decoration was replaced in 2022, the red in 2023, gold in 2024 and white in 2025. The BID board will earmark reserve funds for the spider replacements, new garland and bows. Maintenance Program ($115,900) The BID hires maintenance employees for winter and summer seasons. Primary tasks performed by the BID maintenance staff includes garbage collection, flower watering, tree watering, Soroptomist Park upkeep, installation of the streetlamp banners, maintenance of pedestrian benches, graffiti removal, and garage cleaning. The BID maintenance staff removed over 4,100 bags of garbage and recycling during the past year from over 100 receptacles. Downtown Safety Program ($15,000) There is an opportunity to partner with the Downtown URD and the Art & Safety Grant to provide funding for safety improvements in the downtown area including flood/security lights. The board would like to begin planning alongside the Bozeman Police Department for a dedicated downtown resource officer as the needs of the downtown community shift. This will take several years to establish and would eventually be a split salary funding by downtown and BPD. We would like to leave money allocated in the budget for this initiative. Graffiti Removal Program ($7,900) The BID offers a comprehensive graffiti removal program. Since 2009, this program has removed over 4,000 graffiti tags. The BID maintenance staff removes tags from public property and works with property owners to clean private buildings of graffiti. The BID partners with Clean Slate Group to remove tags that they are unable to remove. The BID will continue to actively remove new tags as quickly as possible considering immediate removal has proven to be the most effective deterrent. 474 Downtown Banners ($3,000) The BID purchases, installs and maintains the DTNBZN light pole banners. Seasonally the BID installs banners for MSU, Bozeman Farmers Market, Bridger Bowl, Big Sky Resort, Sweet Pea, SLAM, BYEP, Bozeman Health, BridgerCare, Greater Yellowstone Coalition and more. Downtown Marketing ($3,000) The BID contributes to the general marketing of downtown Bozeman. These funds are made available to the Downtown Partnership which places advertisements in ten to twelve local, regional and state-wide publications. Vehicle Maintenance ($12,150) The BID owns and maintains a maintenance truck and two mules/ATVs. This expense covers fuel, insurance, repairs and tires as needed. Maintenance Supplies ($8,000) The BID purchases a wide variety of maintenance supplies for various programs, including trash bags. 475 FY2026 Budget Income BID Assessment 280,000$ BID Assessment--residual Contract Income 26,000$ Interest Income 100$ Mobile Vending Fees 1,500$ Flower Sponsorships 9,500$ Christmas Light Sponsorships 3,000$ Streetlamp Banners 14,000$ Total Income 334,100$ Expenses Management Fee 82,500$ Total Expenses 82,500$ Payroll Expenses Maintenance Staff 80,000$ Taxes 5,500$ Work Comp 3,500$ Maintenance Staff--Garage 25,000$ Taxes 950$ Work Comp 950$ Total Payroll Expenses 115,900$ Programs Downtown Safety Program 15,000$ Downtown Bozeman Association (DBA) Support 28,000$ Holiday Lights - Reserve Fund 15,000$ Holiday Lights 2,500$ Holiday Light Spider Repair 2,000$ Hoiday Decor Storage 1,675$ New Banners 3,000$ Flower Expenses 34,500$ Flower Water 400$ Marketing 3,000$ Maintenance Supplies 4,750$ Garbage Bags 3,250$ Graffiti Supplies 900$ Graffiti Contracted Removal 7,000$ Mule Service & Fuel 1,950$ Truck Service & Fuel 2,700$ Vehicle Insurance 7,500$ Program Contingency 2,000$ Total Program Expenses 135,125$ Total BID Expenses 333,525$ NET ASSESSMENT INCOME 575$ 476 Downtown Business Improvement District FY2025 BID Annual Report Highlights of investments over $15,000 are documented below. Maintenance Program ($54,194) Primary tasks performed by the BID maintenance staff includes garbage collection, flower watering, tree watering, Soroptomist Park upkeep, installation of the streetlamp banners, maintenance of pedestrian benches, graffiti removal, and limited snow removal. The BID maintenance staff removed over 4,000 bags of garbage and recycling during the past year from over 100 receptacles. Downtown Bozeman Partnership ($75,000) The BID is a member of the Downtown Bozeman Partnership. The BID contributes to the administration of the Downtown Partnership office located at 222 East Main Street. Summer Flowers ($31,812) The BID purchases, installs and maintains 300+ hanging baskets of Super-Petunias. In the summer of 2024, the remaining wrought-iron hanging baskets were converted to Earth Planter baskets. These baskets only need to be watered two to three days a week rather than seven. These flower baskets are hung throughout downtown from June through September. Downtown Bozeman Association ($27,500) The BID contributes to the DBA to support its events, staff and marketing efforts to promote downtown. The DBA hosts events downtown that include Art Walks, Music on Main, Crazy Days, Cruisin’ on Main Car Show, Cat Walk, Restaurant Week and more. Holiday Lighting ($17,101) The BID installs the following holiday lighting downtown: 1) lighted garland on each historic lamp post along Main Street; 2) lights on the large conifer trees in Soroptomist Park; 3) garland wreaths at the Rouse, Church, Wallace, and Grand intersections; and 4) the infamous holiday “spider” decorations above four downtown intersections. The gold spider tinsel was replaced during the winter of 2024. Expenditures compiled on April 15, 2025. 477 Memorandum REPORT TO:City Commission FROM:Ellie Staley, Executive Director, Downtown Bozeman Partnership SUBJECT:Present the Downtown Urban Renewal District Fiscal Year 2026 Amended Work Plan and Budget and Fiscal Year 2025 Annual Report. MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Finance RECOMMENDATION:Consider the Motion: I move to approve to approve the Downtown Urban Renewal District Fiscal Year 2026 Amended Work Plan and Budget. STRATEGIC PLAN:4.4 Vibrant Downtown, Districts & Centers: Promote a healthy, vibrant Downtown, Midtown, and other commercial districts and neighborhood centers â€“ including higher densities and intensification of use in these key areas. BACKGROUND: The Downtown Bozeman Partnership administers the Downtown Urban Renewal District on behalf of the City of Bozeman. The Downtown URD Board, as appointed by the City Commission, directs the programs, projects and initiatives of the Downtown URD. The Downtown URD Board approved the Downtown URD FY2026 work plan and budget at their monthly public board meeting on April 15, 2025. The Downtown URD anticipates an FY25 year-end balance of $7.25 million, with projected FY26 revenues of $2.66 million, totaling just under $9.9 million of funding available. The following outlines notable programs, projects, and associated expenses for FY26. The Fiscal Year 2025 Annual Report is also attached. UNRESOLVED ISSUES:N/A. ALTERNATIVES:As recommended by the City Commission. FISCAL EFFECTS:See FY26 Budget & Work Plan. Attachments: FY2025 URD Annual Report.pdf DURD FY25-26 Workplan_Budget-FINAL.pdf 478 Report compiled on: April 23, 2025 479 Downtown Urban Renewal District FY2025 Annual Report FY2025 Programs, Projects, and Expenditures The URD allocated significant funds in FY25 toward foundational programs and improvements. The following summarizes all FY25 expenditures over $15,000 as recorded in the official budget: Ongoing DBP/City of Bozeman Operational Support: • Downtown Bozeman Partnership (DBP) Management Fee - FY25 - $236,000 Supports administrative and programmatic operations of the Downtown Bozeman Partnership. • City of Bozeman Economic Development Staff Support - FY25 - $61,100 Partnership funding to cover City staff coordination and administrative involvement. • Total FY25 Operations – $297,100 Infrastructure Projects • Park Improvements (Soroptimist/North Black Pocket Park) – $75,000 Investment in public park enhancements and planning. • Alley Improvements – $132,834 Alley Beautification Pilot Project, Complete in FY25. Outlined in the Downtown Bozeman Improvement Plan as a viable project for improved urban accessibility and function. • Public Utility Infrastructure Improvements – $110,000 FY25 Projects include: 5th and Main Sewer Line Replacement Project, Water line connection project at 32 South Tracy Ave. • Street Furniture/Streetscape Improvements & Furnishings – $25,000 • Parklet Infrastructure – $25,000 480 • Art Enhancement/CPTED Grant Program – $20,000 • Total Infrastructure – $408,204 Planning & Design • Park Improvement Planning (Soroptimist/North Black Pocket Park) – $27,510 • Utility Infrastructure Improvement Planning – $25,000 • Bozeman Creek Planning – $15,617 Montana Coal Endowment Program Grant Match, Preliminary Engineering Report Complete • Professional Services Term Contract – $20,000 Ongoing access to engineering, urban design, and planning services. • Technical Assistance Grant Program – $50,000 • Parking Supply, Management Planning, and Data Collection – $25,000 • Total Planning & Parking – $187,968 Parking Garage Commitments • Garage Bond Payment – $335,000 Annual debt payment for downtown parking garage, through 2032. • Total Parking Garage Payments – $335,000 FY2025 Summary • Total Reported Expenses: $1,228,272 • Projected Year-End Balance: $7,255,328 481 Downtown Urban Renewal District FY2026 Work Plan and Budget Downtown URD Mission Statement The Downtown Bozeman Urban Renewal District board (URD) will foster an economically thriving district that: 1) attracts investment; 2) stabilizes and strengthens the tax base; and 3) supports the vitality and diversity of the Gallatin Valley as its social and cultural center. The Urban Renewal Plan (originally adopted in 1995 and amended in 2015) guides the implementation of projects and initiatives through nine guiding principles that focus on economic vitality, safety, accessibility, diversity, and cultural activities. FY2026 Programs, Projects, and Initiatives The Downtown URD anticipates an FY25 year-end balance of $7.25 million, with projected FY26 revenues of $2.66 million, totaling just under $9.9 million of funding available. The following outlines notable programs, projects, and associated expenses for FY26. Ongoing DBP/City of Bozeman Operational Support: • Downtown Bozeman Partnership (DBP) Management Fee (FY26 - $251,000) Continued operations and support for DBP staff and programming. • City of Bozeman Economic Development Staff Support (FY26 - $64,300) Continued partnership funding to support City staff time dedicated to downtown URD coordination. Ongoing Programs & Projects in FY26: • Downtown Park Improvements (FY26 - $250,000) Infrastructure improvements planned for I-Ho Peace Park, to be constructed in FY26. • Utility Infrastructure Improvements (FY26 - $1,100,000) Includes 5th and Main Lighting project and discretionary public utility infrastructure investments. • Wayfinding and Parking Signage (FY26 - $20,000) Continued infrastructure and signage implementation, possibly supported by state grant funds. • Bozeman Creek Infrastructure Improvements (FY26 - $50,000) New allocation to support ongoing fiood mitigation and infrastructure improvements. 482 • Alternative Transportation Improvements (FY26 - $10,000) Potential support for Black Avenue bike route improvements and pedestrian access and safety projects. • Tree Replacement Project (FY26 - $10,000) Reduced funding due to less anticipated need; ongoing streetscape maintenance. • Street Furniture/Streetscape Improvements (FY26 - $100,000) Includes luminaires for 5th and Main Phase 2. • Pedlet Infrastructure (FY26 - $10,000) Upkeep and minor enhancements to the parklet program. Current Encumbered Projects and Programs: • Workforce Housing Project – Fire Station One (Encumbered - $1,600,000) Multi-year support for 50 units of workforce housing; funds encumbered through FY27. DURD Grant Programs in FY26: • Streetscape Assistance Grant Program (FY26 - $100,000) Grant funding for new development projects requiring public streetscape and sidewalk improvements. • Life-Safety Grant Program (FY26 - $60,000) Expanded funding in FY26 to include encumbered support for the Heatherington project (~30K) and new grant application support. • Fiber Infrastructure Grant (FY26 - $10,000) Ongoing support for broadband infrastructure improvements and connection. • Art Enhancement/CPTED Grant Program (FY26 - $40,000) Expand program to support public art and safety enhancements including lighting, surveillance, and landscape improvements. • Residential Incentive Grant Program (FY26 - $400,000) Two new grants approved in FY25 with $200K encumbered to be paid in FY26, including availability for additional awards in FY26. • Technical Assistance Grant Program (FY26 - $70,000) Grant program providing expertise and early-phase planning for redevelopment projects. Estimated 20K in encumbered/approved grants Planning & Design in FY26: • Park Improvement Planning (FY26 - $10,000) Continued planning for redevelopment of Soroptimist Park. • Utility Infrastructure Improvement Planning (FY26 - $50,000) Continued planning for future critical utility infrastructure projects. Several off-main projects slated for FY26, many with public infrastructure improvement needs. 483 • Wayfinding Plan Development (FY26 - $10,000) Ongoing updates and reflnements to signage and directional plans. Planning in FY26, improvements in FY27. • Bozeman Creek Planning (FY26 - $50,000) Signiflcant support for planning and engineering as part of fiood mitigation and creek improvement. Potential to use towards matched funding from other project partners. • Alternative Transportation Planning (FY26 - $25,000) Continued collaboration with the City for pedestrian and bike route enhancements. • Side-Streetscape Preliminary Engineering (FY26 - $50,000) Pre-engineering for Main Street- adjacent streetscape expansion. • Pedlet Planning/Program (FY26 - $20,000) Develop formal Pedlet Plan using experience and knowledge from pilot program in FY25. • DBIP General Implementation (FY26 - $50,000) Broad funding to support Downtown Improvement Plan-related needs. • Professional Services Term Contract (FY26 - $75,000) Continued funding for on-call planning, engineering, and design services. Parking Investments: • Parking Supply, Management Planning & Data Collection (FY26 - $5,000,000) Major allocation to fund a future Public-Private Partnership (PPP) to expand parking supply. • Garage Bond Payment (FY26 - $335,001) Scheduled annual bond payment for existing downtown parking garage, through 2032. FY2026 Downtown URD Budget Overview: Estimated Income: $9,913,328 Total Estimated, Allocated and Encumbered Expenses: $9,730,301 Estimated Year-End Balance: $183,027 Prepared and submitted by: Ellie Staley, Executive Director Downtown Bozeman Partnership ellie@downtownbozeman.org | 406-586-4008 484 Category FY25 FINAL Budget FY25 Projected Budget FY26 Proposed Budget FY26 Amended Budget Income Starting Cash Balance $6,061,900 $6,061,900 $91,500 $7,255,328Income from TIFCOB Interlocal Share $2,362,500 $2,362,500 $2,598,800 $2,598,800 Entitlement Share State of Montana $57,100 $57,100 $57,100 $57,100 Interest Income $2,100 $2,100 $2,100 $2,100 Other Income Total Income $8,483,600 $8,483,600 $2,749,500 $9,913,328 ExpensesOperations DBP Management Fee $236,000 $236,000 $251,000 $251,000City Administrative Costs/Support $61,100 $61,100 $64,300 $64,300Total Operations $297,100 $297,100 $315,300 $315,300 Infrastructure Improvements Park Improvements (Soroptimist/NBPP)$10,000 $75,000 $250,000 $250,000Alley Improvements $50,000 $132,834 $0 $0Public Utility Infrastructure Improvements $350,000 $110,000 $400,000 $1,000,000 Wayfinding & Parking Signage $15,000 $3,920 $20,000 $20,000 Bozeman Creek Improvements $0 $10,000 $50,000Alternative Transportation Projects $40,000 $25,000 $10,000 Tree Replacement Project (Streetscape Imp. in FY24)$50,000 $11,850 $50,000 $10,000Street Furniture/Streetscape Improvements & Furniture $25,000 $25,000 $25,000 $100,000Intersection Cable Anchor Repairs $10,000 $10,000 $10,000Parklet Infrastructure $20,000 $25,000 $0 $10,000Streetlamp Power Reconfiguration Project (SILD)$100,000 $4,600 $0 $0 Streetscape Assistance Grant Program $50,000 $100,000 $100,000 Life-Safety Grant Program $30,000 $30,000 $60,000Fiber-Broadband Infrastructure Grants $10,000 $10,000 $10,000Art Enhancement/CPTED Grant Program $20,000 $20,000 $20,000 $40,000Total Infrastructure $780,000 $408,204 $950,000 $1,670,000 Housing Assistance Residential Incentive Grant Program $200,000 $200,000 $400,000Workforce Housing Project - Fire Station One $1,600,000 $1,600,000 Total Housing $1,800,000 $200,000 $2,000,000 Planning Park Improvement Planning (Soroptimist/NBPP)$50,000 $27,510 $0 $10,000Alley Planning $25,000 $9,841 $10,000 $0 Utility Infrastructure Improvement Planning $50,000 $25,000 $50,000 $50,000 Wayfinding Plan Development $35,000 $10,000 $10,000Bozeman Creek Planning $20,000 $15,617 $10,000 $50,000Alternative Transportation Planning $10,000 $25,000 $25,000 Downtown Streetscape Design Standards $10,000 $10,000 $10,000 $0Side-Streetscape Preliminary Engineering $25,000 $50,000 $50,000 Parklet Planning/Program $10,000 $5,000 $20,000 $20,000DBIP General Implementation $50,000 $50,000 $50,000Professional Services Term Contract $75,000 $20,000 $75,000 $75,000Technical Assistance Grant Program $50,000 $50,000 $50,000 $70,000 Parking - Designated Funds Parking Supply, Management Planning, and Data Collection $4,770,000 $25,000 $20,000 $5,000,000Parking Supply, Site Plans and Data Collection Parking Supply - Designated Funds Parking Structure Garage Bond Payment $335,000 $335,000 $335,000 $335,001 Total Parking Garage Payments $335,000 $335,000 $335,000 $335,001 Total Expenses $8,392,100 $1,228,272 $2,180,300 $9,730,301 Balance $91,500 $7,255,328 $569,200 $183,027 485 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager SUBJECT:Midtown Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Finance RECOMMENDATION:I move to approve the Midtown Urban Renewal District Fiscal Year 2026 Work Plan and Budget. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Please see attached work plan and budget. UNRESOLVED ISSUES:Please see attached work plan and budget. ALTERNATIVES:Please see attached work plan and budget. FISCAL EFFECTS:Please see attached work plan and budget. Attachments: FY26 Midtown Work Plan & Budget_ Commission.pdf Report compiled on: April 24, 2025 486 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Page 1 of 8 MIDTOWN URBAN RENEWAL DISTRICT FY2025 ANNUAL REPORT FY2026 WORK PLAN AND BUDGET The City Commission passed Ordinance No. 1685, “Adopting an Urban Renewal Plan for the North Seventh Avenue Corridor and Adjacent Properties”, on November 27, 2006. On December 16, 2015, the City Commission passed Ordinance No. 1925, which adopted a new urban renewal plan, expanded the boundaries of the original district, and renamed the North Seventh Urban Renewal District the Bozeman Midtown Urban Renewal District. The 2015 Midtown Urban Renewal Plan provides for the remediation of blighted conditions within the urban renewal area by advancing five broad goals through a series of implementing activities and strategies. The five goals include the following items: 1. Promote Economic Development • Rationale: Economic vitality strengthens the community, provides for physical needs of the citizens, opens reinvestment opportunities, and helps to eliminate the conditions that contribute to blight. 2. Improve Multimodal Transportation • Rationale: Increasing travel options supports public health, reduces resource demand, increases efficiency and reduces costs, improving the quality of life and making the community a better place to live and work, helping to eliminate conditions that contribute to blight. 3. Improve, Maintain and Support Innovation Infrastructure • Rationale: Infrastructure is the backbone of the community. Private development typically requires a corresponding public investment in infrastructure. Therefore, capital improvements in the district will help achieve economic vitality and address conditions that contribute to blight. 4. Promote Unified, Human Scale Urban Design • Rationale: Protecting and building upon existing physical assets increases vitality, desirability and leverages economic development, strengthening community values and mutual support helping to eliminate the conditions that contribute to blight. 5. Support Compatible Urban Density Mixed Land Uses • Rationale: A sense of place is strengthened by a strong core identity. Increasing live-work opportunities and community interaction, ensures that the North 7th Avenue area remains a great place to live, work, operate a business, and play, and helps to eliminate conditions that contribute to blight. 487 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Page 2 of 8 The City Commission approved the Midtown Action Plan in 2017, which charted a new direction in pairing infrastructure spending and blight remediation with proposed private investment. The intent of the Action Plan is to, “attract targeted private investment by leveraging the market potential of the Midtown District and removing barriers to redevelopment through strategic infrastructure investments and incentives.” The Annual Report and the recommended Work Plan and Budget reflect this specific strategy and approach to using private investment to propel blight remediation and urban renewal. The Midtown Action Plan proposes targeting future development that includes the following elements: • Infill. The intent of urban renewal is to remove blight to improve an area for the entire community benefit. Remodeling of existing structures or infill of underutilized lots is the priority of this Plan. As discussed, infill development is more challenging than vacant greenfield development and warrants focused investment of staff time and resources. • Increased building density. Increased building density increases the number of people in the District, which helps create the desired active pedestrian environment. More density of buildings grouped together in districts is especially desired to encourage pedestrians to explore adjacent buildings. Buildings that are separated by large parking area or vacant lots will impede pedestrian movement. • Encourages multimodal transportation. New projects should provide amenities such as adequate bike parking or bus schedule real time monitors in lobbies. At the same time, the Urban Renewal District should invest in infrastructure projects such as bike lanes and signals or covered bus stops to make alternative transportation options visible, safe, and desirable. • Retail that serves surrounding residents. To achieve a more vibrant pedestrian-oriented environment the District must consist of uses that are a frequent destination by residents. Retail amenities that are experience based such as restaurants or ice creams shops are desired because they generate activity and are more resilient to emerging ecommerce trends. Such amenities will also attract more housing investment. • Housing. Bozeman is in significant need of all types of housing, therefore it is called out as a specific use that is desired. The Midtown District zoning is intended to accommodate more dense housing projects with potential access to retail amenities nearby. The City Commission funded a package of several major infrastructure improvements in the District through the approval of $6,500,000 in bonds with a 25 year term on July 6, 2020. The infrastructure improvements include the streetscape infrastructure on N. 7th Ave. that enhances the walkability, aesthetics, and investment potential of the District as a whole, along with improvements to Aspen St. and N. 5th Ave. that will accelerate ongoing private investment in this emerging node of commercial activity. The District is also focused on investing in public infrastructure that removes barriers to specific private investments. These incentives primarily pay for the costs of public 488 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Page 3 of 8 infrastructure associated with the private projects, as well as demolition costs and the cost of various system development charges, such as impact fees. These early investments in projects will create new incremental taxable value that will allow for greater blight remediation throughout the District in the coming years. Over time, these increases in taxable value will benefit the broader community by increasing the overall tax base through productive infill development. The remediation of blighted conditions in the District and its ongoing redevelopment will take many years. Bozeman has 20 more years to focus on redevelopment of the Midtown area. As instructed by Commission adopted policy documents, the District will continue to focus on remediating blight, by attracting targeted private investment and growing the tax base. 489 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Page 4 of 8 Midtown Urban Renewal District (MURD) FY2025 Annual Report (July 1, 2024 to June 30, 2025) Highlights of investments over $15,000 are documented below. N. 5th Ave. Multi-Use Path Construction $335,630 The Midtown Action plan encourages investment in multi-modal transportation within the District. Staff obtained an easement to install a 10ft paved multi-use path along the N. 5th Ave. right-of-way to connect the path on Oak St. to Westlake Park and to provide bike and pedestrian connectivity where N. 5th Ave. did not exist. Construction of this path was completed the summer of 2024. Whittier Parking Lot Design $67,100 The Midtown Action Plan calls for building partnerships to for key infrastructure improvements. Per State Law, there are only a few ways urban renewal funds can assist schools in Montana. Tax increment financing may be used to complete certain infrastructure projects, including parking lots. During the design process for a new Whittier School parking lot, it was discovered that a utility will need to be relocated underground. To bury the utility, additional design will need to be completed. There is up to $65,000 remaining on the existing design contract. Monies not paid out by June 30, 2025 will carry forward to FY26. Aspen Intersection Improvements Design $29,600 Enhanced multimodal transportation is a pillar of the Midtown Urban Renewal District Plan and the Midtown Urban Renewal District Action Plan. To realize that vision, safe pedestrian connections must be built. $29,600 represents design, survey, mapping, and project management for a pedestrian crosswalk with a rectangular rapid flash beacon (RRFB) on North 7th Avenue at Aspen Street. N. 8th Sewer $374,000 The City upgraded the sewer line N. 8th Ave., which is a 100+ year old clay sewer line that no longer meets current standards. This project was identified in the 2017 Midtown Action Plan. The project was completed in summer 2024. Series 2020 Bond Payment $410,000 The City Commission approved the first series of bonds for the district for $6,500,000. The proceeds of the bonds were to pay for the N. 7th Ave. Streetscape Project and the Aspen and 5th Improvements Project. The term of the bonds is 25 years. Expenditures Compiled April 2025 490 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Page 5 of 8 Midtown Urban Renewal District (MURD) FY2026 Work Plan (July 1, 2025 to June 30, 2026) Total Appropriation Requested $5,549,600 Appropriation authority of $5,549,600 for FY 2026 is requested for this Fiscal Year 2026 Work Plan and Budget for the Midtown Urban Renewal District. Midtown Infrastructure Improvements Mendenhall Sewer 5th and Main Sewer $464,000 Tax increment financing from the Downtown Urban Renewal District, the Midtown Urban Renewal District, and funds from the City’s Wastewater Fund were approved in order FY26 Adopted in Biennium FY26 Proposed in Workplan and Budget Variance Explanation of Change Beginning Balance (1,054,500) (3,398,000) (2,343,500) Beginning Fund Balance in FY25 $308k greater than budgeted plus $2,035,500 in unused expenditure budget resulting in an additional $2,343,500 in beginning fund balance for FY26 Tax Revenue (2,281,100) (2,281,100) - No change to adopted budget Other Revenue - - - No change to adopted budget Total Revenue (2,281,100) (2,281,100) - Salaries & Benefits 105,800 105,800 - No change to adopted budget Operations 2,817,000 5,031,000 2,214,000 The operating budget adds $2,214,000 in spending that consists mostly of unspect funds from FY25, which allows an approved development agreement to be paid with cash not debt. Capital - - - No change to adopted budget Transfers Out 412,800 412,800 - No change to adopted budget Debt Service - - - No change to adopted budget Total Expenditures 3,335,600 5,549,600 2,214,000 Ending Balance - (129,500) (129,500) 491 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Page 6 of 8 to upgrade of the existing, aged 6-inch sanitary sewer main in Mendenhall from 5th Avenue to Grand Avenue to a new eight-inch sanitary sewer main. Agreements for the infrastructure improvement were entered into in October of 2023. Construction of the main began in the spring of 2024. The Midtown portion of sewer construction is was completed in the fall of 2025 and the reimbursement payment is expected early in fiscal year 2026. N. 5th Ave. Multi-Use Path Pedestrian Scale Lighting Design $36,100 Construction on a 10ft paved multi-use path along the N. 5th Ave. right-of-way to connect the path on Oak St. to Westlake Park and to provide bike and pedestrian connectivity where N. 5th Ave. was completed in the summer of 2024. In FY25, Staff began design work to light the path for pedestrian safety. $36,100 represents the remainder of the design contract. Construction is anticipated for summer 2026. Aspen Intersection Improvements Design and Construction $500,000 Enhanced multimodal transportation is a pillar of the Midtown Urban Renewal District Plan and the Midtown Urban Renewal District Action Plan. To realize that vision, safe pedestrian connections must be built. In FY25, Staff began design work on a pedestrian crossing. $500,000 represents the remainder of design and construction. Construction is anticipated for summer 2026. Codify Design Standards for N. 7th Ave. Streetscape $50,000 Recent improvements to the N. 7th Ave. streetscape are not currently required for redevelopment projects on the corridor. In order to protect the public investments already made and to ensure design continuity for the corridor, codifying the streetscape design is necessary for the future development of the corridor. Main & Mendenhall Lighting and Intersection Improvements $800,000 Safe pedestrian connections are required to realize the envisioned pedestrian activity between surrounding neighborhoods and Midtown. The Main Street Lighting project will light the connection between Downtown and Midtown from Grand Avenue and 7th Avenue. Phase 1 of the project is complete with lighting adjacent to the Freestone on Main project in the Downtown URD. Design work began in FY25. Construction is anticipated in FY26. Parking Garage Design and Due Diligence $300,000 As the district begins to reach goals associated with walkable density, staff recognizes the importance of additional parking within the district and continues to monitor the progress of any potential proposal to construct a parking structure. The city will issue a request for proposals (RFP) for the construction of public parking spaces as a component of a private redevelopment project. These monies cover the costs of retaining consultants to do due diligence to determine if a proposal is in the best interest of the district and to cover conceptual design costs associated with the city’s selection of a project. Whittier School Parking Lot Design $65,000 492 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Page 7 of 8 This expenditure is related to ongoing design cost for the Whittier School parking lot reconstruction project. Design was paused for much of the fiscal year waiting on answers related to relocation of private utilities. Maintenance $10,000 Maintenance of basic infrastructure can prevent blight and prevent long-term deterioration and decline. Utilities $3,000 Electrical payments as newly installed infrastructure is transitioned to special improvement lighting districts. Midtown Tax Increment Finance Assistance Program Approved Development Agreements Midtown Aspen Development Agreement $3,024,100 The 7th and Aspen project is a three-phase project consisting of affordable housing, workforce housing, market rate housing, and commercial development. Phase 1 and 2 of the project are expected to have 29 rental units affordable at 60% AMI, 17 rental units affordable at 50% AMI, 50 units of workforce housing for 80% AMI. Phase 3 will initially be developed as parking and will eventually be developed to include market rate apartments and commercial spaces. Per the development agreement reimbursement will take place at occupancy of phase 1 and phase 2. Payment on this development agreement is expected in FY 27. Lumberyard Pay Go Development Agreement [$5,581,016] The Lumberyard Project consists of hundreds of new units of housing, including at least 155 units of housing affordable at 60% of area median income for a period of 50 years. The development agreement approved reimbursement of $7,581,016 for certain eligible costs of the project. The development agreement approved by the City Commission outlined an initial payment of $2,000,000, which has already been paid, and subsequent payments when certain project milestones are met. The project will receive 80% of its actual new tax generation as reimbursement until the remaining $5,581,016 is reached or the district ends, whichever comes first. There are currently no tax proceeds for this project, so no appropriations are budgeted for this item in this fiscal year. Bond Repayment Series 2020 $ 412,800 493 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Page 8 of 8 The City Commission approved the Series 2020 bonds for a 25 year term that ends 2045. This expenditure is the annual payment on the $6,500,000 in debt issued to finance the cost of the N. 7th Ave. Streetscape Project, and the Aspen and N. 5th Ave. Improvements Project. 494 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Page 9 of 8 Professional Services and Outside Legal Counsel Contracted Professional Services $ 100,000 To assist with district management and implementation of the work plan and budget, as well as responding to new opportunities, Staff will contract for services on an as-needed basis. Outside Legal Counsel $ 60,000 The Midtown Urban Renewal District continues to see strong interest in redevelopment. This interest will necessitate work on development agreements under the Midtown TIF Assistance Program, and depending on the scope of the projects, the need to issue additional bonds. Outreach and Marketing Midtown Marketing and Recruitment $ 10,000 This item includes maintenance of the District website, midtownbozeman.org, as well as programs like the banner program to drive traffic to the website. The District uses the website to communicate effectively with property owners, developers, and the public and “to disseminate blight clearance and urban renewal information.” In addition, the board and staff continue to actively recruit development projects in the district that are in support of the urban renewal plan. Additionally, this money will assist in the district exploration of a business improvement district. District Operations Payroll $ 105,800 The City’s Economic Development Department manages the Bozeman Urban Renewal District in response to City Commission and the Midtown Urban Renewal Board work plans and policy guidance. 1.5 FTE are dedicated to staffing the Bozeman Urban Renewal Program as a whole, of which the Midtown URD contributes a proportionate share of funding. Training $ 8,000 Strong professional development drives the success of the urban renewal program. Staff plans to participate in the National Development Council’s Economic Development Finance Professional (EDFP) Certification Program and the International Economic Development Council’s (IEDC) certified economic developer course series over a number of years. Supplies and Materials $ 800 495 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Page 10 of 8 Redevelopment Incentive Programs The Midtown Urban Renewal District’s redevelopment incentive programs are based on criteria included in the 2015 Midtown Urban Renewal District Plan and the 2017 Midtown Action Plan. Due to the rapid growth in the tax increment financing districts and limited staff capacity, the following redevelopment incentive programs will be suspended for FY 25 and FY 26, but there is the intent that they may return in future fiscal years. Technical Assistance Grants (TAG) This program is to provide technical assistance funding to encourage developers to build on parcels along the N. 7th Avenue corridor, or rehabilitate existing structures. It recognizes the complexities of redeveloping parcels which have existing substandard buildings and infrastructure; it was created to offset the costs of those complexities with grants for those proposing work which eliminates blight and advances the implementation of the District Plan. The program was approved by Resolution 4777 and is administered by the MURB. The maximum grant amount for the program is $7,500 and requires a 1:1 match. Midtown Tax Increment Finance Assistance Program – Direct Incentives The City Commission approved an incentive program, the Midtown TIF Assistance Program pursuant to Resolution 4770 in 2017. Resolution 5087 reauthorized and updated the Program in 2019. Awards will be based on the quality of projects and their support of the Midtown Urban Renewal Plan. Projects of a larger magnitude may require the issuance of tax increment revenue bonds. Projects $50,000 and under may be awarded by staff (previously the Board) and sent to the City Commission as Consent Items. Projects over $50,000 require the approval of the City Commission. Fiber Conduit Connection Incentive Program The District has made significant investments in facilitating competitive telecommunications options through the provision of public conduit. This program, modeled on a program created by the Downtown URD provides matching grants of up to $2,500 to connect buildings to the City conduit system. The program facilitates connections to infrastructure and the utilization of the existing conduit investment. 496 Bozeman Midtown Urban Renewal District An Urban Renewal District with a Tax Increment Financing (TIF) Program Page 11 of 8 Unscheduled Future Projects Whittier Parking Lot Construction The Midtown Action Plan calls for building partnerships to hone in on key infrastructure improvements. Per State Law, there are only a few ways urban renewal funds can assist schools in Montana. Tax increment financing may be used to complete certain infrastructure projects, including parking lots. $600,000 represents an estimate of the construction cost for the Whittier Parking Lot in FY 27. Mendenhall Sewer (7th-5th) Replace 6 in clay sewer line to meet modern standards. Mendenhall Sewer (7th-8th) Install standard water and sewer infrastructure in Mendenhall between N. 7th Ave and N. 8th Ave. Construct N. 8th Ave. between W. Beall and W. Villard Construct N. 8th Ave. to current city standards including curb, gutter, sidewalk, street trees, stormwater, and water and sewer lines. Construct N. 8th Ave. between Durston Rd. and W. Birch St. Construct N. 5th Ave. to current city standards including curb, gutter, sidewalk, street trees, stormwater, and water and sewer lines. Construct N. 5th Ave. between W. Tamarack and Hemlock Construct N. 5th Ave. to current city standards including curb, gutter, sidewalk, street trees, stormwater, and water and sewer lines. 497 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager SUBJECT:Northeast Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Finance RECOMMENDATION:I move to approve the Midtown Urban Renewal District Fiscal Year 2026 Work Plan and Budget. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Please see attached work plan and budget. UNRESOLVED ISSUES:Please see attached work plan and budget. ALTERNATIVES:Please see attached work plan and budget. FISCAL EFFECTS:Please see attached work plan and budget. Attachments: FY26 NURB Work Plan & Budget_Commission.pdf Report compiled on: April 24, 2025 498 Northeast Urban Renewal District FY25 Annual Work Plan and Budget FY2026 1 NORTHEAST URBAN RENEWAL FY2025 ANNUAL REPORT FY2026 WORK PLAN AND BUDGET On November 28, 2005, the Bozeman City Commission finally adopted Ordinance No. 1655 which formally enacted the Northeast Urban Renewal Plan and became effective December 28, 2005. The stated mission of the plan and general goals are as follows: DISTRICT PLAN MISSION/VISION “This Plan is the City’s response to remedy the conditions of blight found in the August 2005 [Blight] Report. The Plan also addresses other issues important to the District. The Plan’s purpose is to ensure the vitality of the Northeast Urban Renewal District (NURD) the vitality of the NURD for generations to come, and to make the NURD an area in which its citizens can take exceptional pride. The Plan envisions a mixed-use neighborhood that is user friendly, safe, secure and healthy. While this Plan envisions a District with diversity of housing, businesses and amenities, it intends to maintain the unique ambiance and historic character of the District”. Nine principles were developed for the plan. Each of the principles has one or more goals associated with the plan, some of which specifically relate to this work plan while others represent general objectives and directives. The Northeast Urban Renewal Board (NURB) goals are as follows: GENERAL GOALS:  Outdated or insufficient infrastructure should be repaired, replaced, or otherwise improved.  Provide public utilities to the area efficiently in ways that are not visually or physically obtrusive.  Encourage a land use pattern that facilitates all modes of transportation – vehicular, bicycle, pedestrian, mass transit, and commercial – for safe, efficient and convenient access for residential, commercial, and industrial uses.  Harmonize commercial and industrial development with residential quality of life.  New structures should be designed and built keeping in mind the public values of durability, flexibility, and simplicity. Thoughtful consideration of design, materials, and massing in the construction of new private buildings will add strength and character to the built environment. To the degree that the private sector can be influenced by a public partner in development, the community ought to strongly encourage excellence in urban design as a basis of partnership.  Promote sustainable building practices and design within the district.  Procure new land for park and open space.  Improve landscaping in existing public spaces.  Neither the City of Bozeman nor any of its subdivisions shall use eminent domain to take private property for private use in the implementation of an urban renewal project or similar redevelopment plan.  Encourage the City to help ensure the success of the Northeast Urban Renewal Plan by giving a high priority to the Northeast District in its capital improvements plan.  Work with neighborhoods and businesses to ensure actions taken in the district are compatible with adjacent developed areas.  Work with the City to ensure actions taken outside of the District are compatible with projects inside of the District. In 2010, the Northeast Urban Renewal Board began implementing plans and projects reflecting their three funding priorities: 1) Parks, Trails and Greenspace; 2) Infrastructure and 3) Neighborhood Development Plan. 499 Northeast Urban Renewal District FY25 Annual Work Plan and Budget FY2026 2 Northeast Urban Renewal District (NURB) FY2025 Annual Report (July 1, 2024 to June 30, 2025) Aspen Street Bridge $331,000 The Aspen Street pedestrian bridge crosses Bozeman Creek at Aspen Street into the Northeast Urban Renewal District. The bridge was first identified by the Northeast Urban Renewal District board in 2011. Construction was completed in the summer of 2024. Bond Costs $ 213,900 Costs covered under this item include bond repayment ($93,000) and the designated bond reserve ($120,900). Administrative Services $ 32,300 The Economic Development provides staffing for the District. 500 Northeast Urban Renewal District FY25 Annual Work Plan and Budget FY2026 3 Northeast Urban Renewal District (NURB) FY2026 Work Plan (July 1, 2025 to June 30, 2026) Total Appropriation Requested $1,215,100 Appropriation authority of $1,215,100 for FY 2026 is requested for this Fiscal Year 2026 Work Plan and Budget for the Northeast Urban Renewal District. FY26 Adopted in Biennium FY26 Proposed in Workplan and Budget Variance Explanation of Change Beginning Balance (679,200) (679,200) - No change to adopted budget Tax Revenue (625,600) (625,600) - No change to adopted budget Other Revenue - - - No change to adopted budget Total Revenue (625,600) (625,600) - Salaries & Benefits 35,200 35,200 - No change to adopted budget Operations 1,177,500 1,087,800 (89,700) $89,700 reduction related to refining actual feasible projects for the fiscal year. Capital - - - No change to adopted budget Transfers Out - - - No change to adopted budget Debt Service 92,100 92,100 - No change to adopted budget Total Expenditures 1,304,800 1,215,100 (89,700) Ending Balance - (89,700) (89,700) Salaries & Benefits $ 35,200 This expenditure covers a proportional cost of the 1.5 FTE in the urban renewal program. Fencing along west side of Depot Trail $ 5,000 Due to continued encroachments into the Depot Trail and its right-of-way, the Board has determined that fencing along the west right-of-way line is needed. In FY24, determined the right-of-way line along that portion of the Depot Trail that lies between East Tamarack Street and North Wallace Avenue. Design was completed in FY24. Staff will engage conversations with impacted property owners in FY25. The fence is to be complementary to the trail and the neighborhood. It is scheduled to be constructed in FY26. Pocket Park – North Church Avenue right-of-way design $ 50,000 501 Northeast Urban Renewal District FY25 Annual Work Plan and Budget FY2026 4 Several years ago, a trail was constructed along the North Church Avenue right-of-way between East Cottonwood Street and East Tamarack Street. Under this project, that trail is to be extended north from East Tamarack Street, with a pocket park constructed along the stream. $50,000 is the estimated cost of right-of-way, design, and park enhancements. Quiet Zone Construction $ 800,000 The quiet zone study has identified the improvements required for quiet railroad crossings. It is anticipated that the improvements for the North Wallace Avenue/L Street crossing will include an arm for the pedestrian crossing as well as raised medians on both sides of the railroad tracks to preclude vehicles from driving around down arms. Improvements to Griffin Drive, including upgrades at the railroad crossing, were completed in Fiscal Year 2022. Since improvements will be required for all three crossings before a quiet zone can be implemented, it is important to undertake crossing improvements as monies are available. The cost includes buying easement for the existing Wallace Ave. crossing plus additional right-of-way for Bond Costs $ 211,800 Costs covered under this item include bond repayment and the designated bond reserve. Supplies & Materials $ 1,000 Costs related to administration of the district. Maintenance $ 12,000 Allows for maintenance costs related to blight prevention activities in the distrct. Contracted Services $ 100,000 Costs related to planning, public infrastructure design and future development agreements evaluation and drafting. Northeast Tax Increment Finance Assistance Programs Approved Development Agreements Wildlands Development Agreement $ 580,000 The Wildlands project includes expansion of an existing building at the northeast corner of the intersection of East Peach Street and North Wallace Avenue and demolition of improvements on the adjacent lot to provide adequate space for the expansion and relocation of the parking lot. The applicant has requested reimbursement for the public infrastructure improvements required in conjunction with the project. The City Commission concurred in the Board’s recommendation to approve that request once the applicant has completed the projects and paid at least two years of property taxes that equal the amount of the reimbursement. Cloverleaf Development Agreement $2,210,480 The Cloverleaf project includes demolition of improvements of the existing buildings on the current Bronken Distributing site, which is bounded by East Peach Street, North Plum Avenue, East Cottonwood Street and North Ida Avenue, and construction of a mixed-use residential development project. In conjunction with that project, the developer will make the needed water main improvements, wastewater collection improvements, street improvements, installation of sidewalks and installation of state-of-the-art fiber to the site. The applicant has requested 502 Northeast Urban Renewal District FY25 Annual Work Plan and Budget FY2026 5 reimbursement for the public infrastructure improvements required in conjunction with the project plus the costs of the impact fees associated with it. The City Commission concurred in the Board’s recommendation to approve that request once the applicant has completed the project, with that reimbursement to be paid over several years at a percentage of the taxes paid for this property, as those monies become available. Construction has not yet started. Wallace Works Development Agreement $2,055,563 Wallace Works is a mixed-use development on the southwest corner of Wallace Avenue and Tamarack Street. The project includes 42 market rate rental units, 7 affordable at 80% AMI rental units, 16 for-sale units, and 2,488 square feet of ground floor commercial. In order to complete the project, the developer is responsible for upgrading the surrounding infrastructure including the construction of a new sewer line in Aspen Street as well as all perimeter site improvements in the R.O.W. to include landscaping, sidewalk, curb, gutter, and stormwater. The City Commission approved the development agreement in October of 2024. The applicant will be reimbursed for costs outlined in the development agreement when the project begins to pay property taxes. Reimbursement will continue until the applicant is made whole, roughly 7 years. Construction began in 2025. Bozeman Yards Development Agreement $3,666,396 The Bozeman Yards project involves replacing a 9,000 square foot warehouse with a 100,000 square foot mixed-use building with 39 condos, commercial space, and an underground parking garage. The City Commission approved a development agreement in November of 2024 to reimburse a portion of the significant infrastructure costs adjacent to the site required for redevelopment. The public infrastructure improvements for Bozeman Yards include completing sections of Aspen Street and Front Street, including stormwater, sidewalks, water, sewer, and landscaping as well as an expansion of the Northern Pacific Park. The applicant will be reimbursed for costs outlined in the development agreement through bonds issued after certificate of occupancy for the project from revenues generated by the project. Construction is slated to begin in FY26. 503 Northeast Urban Renewal District FY25 Annual Work Plan and Budget FY2026 6 Northeast Urban Renewal District (NURB) Unscheduled Projects Trails within the district The Board determined its top priority projects for the upcoming years revolve around trails within the district that enhance its livability and provide non-vehicular connectivity in the past. It was noted these are projects not likely to be part of any development project but are desired improvements. Members of the Northeast neighborhood have recommended staff look at the potential of a trail or park north of Tamarack Street to the junction of Juniper Street on the west side of Bozeman Creek on City property. Connector trail – Depot trail to Audubon site The Audubon Society has acquired 32 acres of wetlands and sensitive lands lying east of this district and is purchasing an additional 8 acres. The subject site lies outside the boundaries of the district; however, a portion of the trail extension lies within the district; and these monies are for that portion of the trail only. This trail extension would provide a safe access for pedestrians moving through the district to the enhanced wetlands area. Trees within the District Improving the community forest by providing funds for additional trees in public spaces has environmental, economic and social benefits for the Northeast Neighborhood. Enhancing the urban canopy could be done by providing the monies for additional trees in public spaces. Pedestrian Crossing Peach Street and North Church The crosswalk at Peach and North Church is utilized by school aged children to get to Hawthorne Elementary. The District has seen an uptick in traffic with the uptick in growth. Residents have requested a rectangular rapid flashing beacon to improve safety. Sidewalk Improvements There are incomplete sidewalk segments on both the east and west sides of North Church between Peach and East Cottonwood. This forces pedestrians to walk on the road. Completing the sidewalk will provide safer routes for pedestrians in and out of the district. 504 Northeast Urban Renewal District FY25 Annual Work Plan and Budget FY2026 7 Sidewalk Improvements Bench and seating area at the Aspen St. pedestrian bridge. 505 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager SUBJECT:Pole Yard Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Finance RECOMMENDATION:I move to approve the Pole Yard Urban Renewal District Fiscal Year 2026 Work Plan and Budget. STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Please see attached work plan and budget. UNRESOLVED ISSUES:Please see attached work plan and budget. ALTERNATIVES:Please see attached work plan and budget. FISCAL EFFECTS:Please see attached work plan and budget. Attachments: FY26 Pole Yard Work Plan & Budget_Commission.pdf Report compiled on: April 24, 2025 506 POLE YARD URBAN RENEWAL DISTRICT FY2025 ANNUAL REPORT and FY 2026 WORK PLAN AND BUDGET The Purpose and Intent of the Pole Yard Urban Renewal District and Plan The creation of the URD in the Pole Yard enables the City of Bozeman to eliminate conditions that contribute to blight substantially impairing sound growth of the City through investments in public infrastructure and efficient delivery of public services. Goals of the Pole Yard Urban Renewal District Plan GOAL 1. Promote Innovative Economic Development Rationale: Commerce strengthens the community, opens reinvestment opportunities, enables livable wage jobs, and supports the sound growth of the community, helping to eliminate conditions that contribute to blight. GOAL 2. Enable Enhanced Connectivity and Mobility Rationale: Connecting neighborhoods through investments in multi-model transportation corridors strengthens the fiber of the community. GOAL 3. Invest in Efficient Delivery of Public Infrastructure Rationale: Infrastructure is the backbone of the community. Private development typically requires a corresponding public investment in infrastructure. Capital improvements will help achieve economic vitality and support the delivery of public services. GOAL 4. Foster Urban Neighborhood Coherency Rationale: Higher concentration of development achieves greater efficiency in the delivery of public services. Urban growth, oriented to centers of employment and activity, can reduce or eliminate commute times, lower transportation costs and create vitality and a sense of community. Integrated elements of growth, ensuring a cohesive neighborhood that in turn contributes to the well-being of the entire community, will reduce geographic, as well as economic and social isolation. GOAL 5. Protect Public Health Rationale: An area that includes a superfund site presents the need for increased diligence to comply with the obligation to not exacerbate the human health contact risk or environmental contamination. GOAL 6. Encourage the Retention of Existing Businesses Rationale: Urban infill development can affect the community through such things as additional traffic and noise, particularly when the existing public systems do not meet current standards. 507 GOAL 7. Respect Critical Environments Rationale: Riparian and wetland areas provide benefits to the community through such things as filtering urban runoff, providing habitat for wildlife and flood protection. Pole Yard Urban Renewal District (PYURD) FY2025 Annual Report (July 1, 2025 to June 30, 2026) Highlights of investments over $15,000 are documented below. Limited funds were expended in the PYURD in FY 2025. 508 Pole Yard Urban Renewal District (PYURD) FY2026 Work Plan (July 1, 2025 to June 30, 2026) Adopted Budget FY25 Budget FY26 Budget FY25 YTD Actual 4.22.25 Beginning Balance (780,100) (405,700) (844,908) Revenue (458,600) (481,500) (303,199) Expenditures 833,000 887,200 1,399 Ending Balance (405,700) - (1,146,708) Budget Adjustments FY25 Adjust FY25 Revised FY26 Adjust FY26 Revised Beginning Balance - (780,100) - (405,700) Revenue - (458,600) - (481,500) Expenditures - 833,000 - 887,200 (405,700) - 509 Salaries and Benefits $5,900 The district pays a share of the cost of staffing the urban renewal program. 50 Contracted Services $81,300 The district requests a budget for contracted services to be responsive to opportunities related to the design or evaluation of public infrastructure projects and development agreements. 70 Other/General $800,000 We propose allocating the entirety of the expected increment to be responsive to opportunities. It is likely that in FY 26 we will either support developer or city led Infrastructure projects and development agreements. These funds could also be devoted to the design or construction of public infrastructure that serves the District. Specifically, $800,000 of these funds could be allocated to the construction of quiet zone improvements at the Rouse Ave. crossing in the event the project moves forward within the Fiscal Year. FY26 Adopted in Biennium FY26 Proposed in Workplan and Budget Variance Beginning Balance (405,700) (405,700) - Tax Revenue (481,500) (481,500) - Other Revenue - - - Total Revenue (481,500) (481,500) - Salaries & Benefits - 5,900 5,900 Operations 887,200 881,300 (5,900) Capital - - - Transfers Out - - - Debt Service - - - Total Expenditures 887,200 887,200 - Ending Balance - - - 510 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager SUBJECT:North Park Urban Renewal District Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Finance RECOMMENDATION:I move to approve the North Park Urban Renewal District Fiscal Year 2026 Work Plan and Budget STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Please see attached work plan and budget. UNRESOLVED ISSUES:Please see attached work plan and budget. ALTERNATIVES:Please see attached work plan and budget. FISCAL EFFECTS:Please see attached work plan and budget. Attachments: FY26 NP URD Work Plan & Budget_Commission.pdf Report compiled on: April 24, 2025 511 NORTH PARK URBAN RENEWAL DISTRICT FY2025 ANNUAL REPORT and FY2026 WORK PLAN AND BUDGET Goals of the North Park Urban Renewal District Plan GOAL 1: Promote Economic Development, with a Focus on Value-Adding Commerce Rationale: Value-adding commerce strengthens the community, opens reinvestment opportunities, supports livable wage jobs, and provides for economic needs of the citizens, helping to eliminate conditions that contribute to blight. GOAL 2: Invest in Efficient Delivery of Public Infrastructure Rationale: Infrastructure is the backbone of the community. Private development typically requires a corresponding public investment in infrastructure. Capital improvements in the district will help achieve economic vitality and address conditions that contribute to blight. GOAL 3: Support Planned Urban Density and Design Rationale: Higher density achieves greater efficiency in the delivery of public services. Live-work opportunities can reduce or eliminate commute times, lower transportation costs and create vitality and a sense of community. Design elements such as open space and pedestrian facilities promote recruitment of value-adding businesses interested in quality of life for their employees. North Park Urban Renewal District (NPURD) FY2025 Annual Report (July 1, 2024 to June 30, 2025) Highlights of investments over $15,000 are documented below. No funds were expended in the NPURD in FY 2025. 512 North Park Urban Renewal District (NPURD) FY2026 Work Plan (July 1, 2025 to June 30, 2026) The total appropriations request for the North Park Urban Renewal District is $109,500. Salaries and Benefits $1,200 The district pays a proportional share of staffing the urban renewal program. 50 Professional Services $108,300 We are expecting a developer led infrastructure investment with significant future bonding. FY26 Adopted in Biennium FY26 Proposed in Workplan and Budget Variance Beginning Balance (79,900) (79,900) - Tax Revenue (29,600) (29,600) - Other Revenue - - - Total Revenue (29,600) (29,600) - Salaries & Benefits - 1,200 1,200 Operations 109,500 108,300 (1,200) Capital - - - Transfers Out - - - Debt Service - - - Total Expenditures 109,500 109,500 - Ending Balance - - - 513 Memorandum REPORT TO:City Commission FROM:David Fine, Economic Development Manager SUBJECT:South Bozeman Technology District (MSU Innovation Campus) Fiscal Year 2026 Work Plan and Budget, Fiscal Year 2025 Annual Report MEETING DATE:May 6, 2025 AGENDA ITEM TYPE:Finance RECOMMENDATION:I move the approve the South Bozeman Technology District Fiscal Year 2026 Work Plan and Budget STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a mechanism to encourage economic development. BACKGROUND:Please see attached work plan and budget. UNRESOLVED ISSUES:Please see attached work plan and budget. ALTERNATIVES:Please see attached work plan and budget. FISCAL EFFECTS:Please see attached work plan and budget. Attachments: FY26 SBTD Work Plan & Budget_Commission.pdf Report compiled on: April 24, 2025 514 SOUTH BOZEMAN TECHNOLOGY DISTRICT FY2025 ANNUAL REPORT and FY2026 WORK PLAN AND BUDGET New Mission and Vision for the Montana State University Innovation Campus The Mission of the Montana State University Innovation Campus is: • To promote economic development and support partnerships between regional, national, and international high tech-based businesses and the research community of Montana State, the region, and the State of Montana. • To create a world-class research park to promote academic and industry collaboration to advance research and scientific discoveries with Montana State University Faculty and Students that will maximize the academic talent and regional resources of Montana State University, the region, and the State of Montana. • To promote learning and collaboration in support of scientific research, new discoveries, and inventions to further the commercialization of Montana State University’s intellectual assets and technology transfer. • To provide state-of-the-art facilities, programs, services, and amenities to support the growth and success of technology-based businesses. • To provide ‘the place'' to link academic, private, and governmental researchers and scientists to advance new discoveries in support of the Citizens within the State of Montana, the nation, and the world. The Vision of the Montana State University Innovation Campus is: To be recognized as the 'the place' that provides a unique community to connect people and support public private partnerships to stimulate new ideas, push forward the advancement of research and science, and produce new discoveries and technologies that will transform the world. 515 South Bozeman Technology District (SBTD) FY2025 Annual Report (July 1, 2024 to June 30, 2025) Highlights of investments over $15,000 are documented below. In FY 2025, the district expended $280 in salaries and wages, year to date, and made no other expenditures. 516 South Bozeman Technology District (SBTD) FY2026 Work Plan (July 1, 2025 to June 30, 2026) Staff is requesting total appropriations of $101,100 for Fiscal Year 2026. Salaries & Benefits $1,200 The district pays a proportional share of staffing the technology district. Contracted Services $19,900 Contracted services are budgeted to assist in planning in the district and for costs related to review of projects. Other/General $80,000 Currently two buildings are complete and operational on the Innovation Campus (IC), the Advanced Research Lab (ARL) and the Aurora R&D and manufacturing building. An additional building is currently under construction, the 80,000 sq ft Engine Works Building. A fourth building is under negotiations. On March 19, 2024 the MSUIC received approval of their Planned Development Zone (PDZ) application. We recommend appropriating the entirety of expected increment to be responsive to opportunities. Staff is requesting budget authority to FY26 Adopted in Biennium FY26 Proposed in Workplan and Budget Variance Beginning Balance (51,400) (51,400) - Tax Revenue (49,700) (49,700) - Other Revenue - - - Total Revenue (49,700) (49,700) - Salaries & Benefits - 1,200 1,200 Operations 101,100 99,900 (1,200) Capital - - - Transfers Out - - - Debt Service - - - Total Expenditures 101,100 101,100 - Ending Balance - - - 517 spend up to $80,000 of existing cash-on-hand to move projects and development agreements forward in the District. A likely use of these funds will be related to issuance costs related to issuing bonds related to the Development Agreement with Big Sky ICINF, LLC. Development Agreement with Big Sky ICINF, LLC $3,599,178* Please note that there is currently a development agreement, adopted pursuant to Resolution 5420, with Big Sky ICINF, LLC to reimburse the developer for the construction of public infrastructure related to the construction of two buildings within the District on the MSU Innovation Campus. The development agreement is not a guarantee of reimbursement or bonding for reimbursement. Road network infrastructure is complete on the Innovation Campus. Once the buildings are complete, a tax generation analysis will determine if the debt coverage ratio exists to bond for reimbursement to the developer for the improvements. *A budget amendment related to expenditure of bond proceeds is likely in this fiscal year. 518 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: Precision Concrete Cutting 207510 x x $23,100.00 Mike Maas Karl Johnson City Clerk Engineer II Bid Check:Delivered to Finance:Accepted By:Date: Bid Tab - 2025 Sidewalk Grinding These bids were opened and read before the undersigned at 2:00 pm on Thursday, April 3rd, 2025 Docusign Envelope ID: 9BC84C30-49F2-4932-959B-725F90BB6AED 83519 Name:Contractor #:Affirmation Form:Bid Bond:Base Bid Total: Duneman Construction, Inc 10089 x x $272,378.50 Knife River - Belgrade 151842 x x $299,905.50 Mike Maas Kellen Gamradt City Clerk Engineer II Bid Check:Delivered to Finance:Accepted By:Date: Bid Tab - 2025 Oak & Flanders Mill Intersection Improvements Project These bids were opened and read before the undersigned at 2:00 pm on Tuesday, March 11th, 2025 Docusign Envelope ID: 9924214D-21CF-446D-8B89-320E9BF4B086 67520