HomeMy WebLinkAbout05-03-22 City Commission Meeting 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
C.Changes to the Agenda
D.Authorize Absence
D.1 Authorize the Absence of Commissioner I-Ho Pomeroy (Maas)
E.Public Service Announcements
E.1 Recently Approved Citizen Advisory Board Minutes (Maas)
F.FYI
G.Commission Disclosures
H.Consent
THE CITY COMMISSION OF BOZEMAN, MONTANA
REGULAR MEETING AGENDA
Tuesday, May 3, 2022
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If you are interested in commenting in writing on items on the agenda please send an email to
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Public comments will be accepted in-person during the appropriate agenda items.
You may also comment by visiting the Commission's comment page.
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please be patient in helping us work through this hybrid meeting.
As always, the meeting will be streamed through the Commission's video page and available in the City
on cable channel 190.
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H.1 Accounts Payable Claims Review and Approval (Waters)
H.2 Authorize the Destruction of Municipal Records in accordance with MCA, 7-5-4124 as
approved by the Local Records Committee per MCA 2-6-1202(Maas)
H.3 Authorize the City Manager to Sign a Conditional Irrevocable Offer of Dedication with
Swissdetail, Inc. for the Swiss detail Site Plan and Master Site Plan (20371 and
20372)(Johnson)
H.4 Authorize the City Manager to Sign Temporary Construction Permits and Right-of-Way
Documents with HRDC for the Griffin Drive and Manley Road Street and Stormwater
Improvements Project(Lonsdale)
H.5 Authorize City Manager to Sign Payment Agreement with Bozeman Fiber, Inc. (dba
Yellowstone Fiber) for City Costs for Engineering Services for the Yellowstone Fiber for the
Fiber-to-the-Premises Broadband Project(Sullivan)
H.6 Authorize the City Manager to Sign a Professional Services Agreement with FOS of
CannonDesign for Facilities Condition Assessment Services(Ziegler)
H.7 Authorize the City Manager to Sign a Task Order 3 with Baker Tilly Municipal Advisors for
Financial Feasibility and Needs Analysis on Tax Increment Financing Assistance Request
from Charter Realty and Development(Fine)
H.8 Authorize the City Manager to Sign a Fourth Amendment to the Granicus Service Agreement
for Upgrades to High Definition Streaming(Maas)
H.9 Authorize the City Manager to Sign a Task Order EDD22-001 with Sanderson Stewart for On-
Call Engineering Services(DiTommaso)
I.Public Comment
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. 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 address in an audible tone of voice for the record
and limit your comments to three minutes.
J.Mayoral Proclamation
J.1 Proclaiming National Small Business Week (Andrus)
K.Action Items
K.1 Cable and Facilities Easement and Agreement with Yellowstone Fiber (formerly Bozeman
Fiber)(Sullivan)
K.2 Resolution 5398 Adopting the City of Bozeman 2022 Drought Management Plan (Ahlstrom)
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K.3 Ordinance 2110 Provisional Adoption Amending the City’s Outdoor Water Use
Restrictions by Establishing Permanent Restrictions on Time of Day and Day of the Week and
Creating Exemptions from Said Restrictions, Establishing the City’s Drought Contingency
Response, Including Authorizing the City Manager to Declare a Drought, Providing for
Drought Surcharge Rates During a Drought, and Establishing Standards for Use of City Utility
Water During a Declared Drought(Ahlstrom)
K.4 Ordinance 2107 Provisional Adoption of Ordinance Authorizing Fire Chief to Issue Burn Ban
When Necessary(Waldo )
K.5 Resolution 5400 Declaring a Stage One Drought, Implementing Stage One Drought Response
Measures and Stage One Drought Surcharges, and Authorizing the Bozeman City Manager
to Issue or Rescind Additional Drought Stage Declarations and Drought Surcharges and
Implement Additional Drought Response Measures through Administrative
Orders(Ahlstrom)
L.Appointments
L.1 Appoint One Member to the City of Bozeman's Community Development Block Grant
Revolving Loan Fund with a Term Ending in 2024(Fontenot)
M.FYI / Discussion
N.Adjournment
City Commission meetings are open to all members of the public. If you have a disability that requires
assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301).
Commission meetings are televised live on cable channel 190 and streamed live at www.bozeman.net.
City Commission meetings are re-aired on cable Channel 190 Wednesday night at 4 p.m., Thursday at
noon, Friday at 10 a.m. and Sunday at 2 p.m.
In order for the City Commission to receive all relevant public comment in time for this City
Commission meeting, please submit via www.bozeman.net or by emailing agenda@bozeman.net no
later than 12:00 PM on the day of the meeting. Public comment may be made in person at the
meeting as well.
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Memorandum
REPORT TO:City Commission
FROM:Taylor Chamber, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Authorize the Absence of Commissioner I-Ho Pomeroy
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:I move to authorize the absence of Commissioner I-Ho Pomeroy.
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:Commissioner I-Ho Pomeroy informed City Manager Mihelich that she
would not be in attendance.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: January 19, 2022
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Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Recently Approved Citizen Advisory Board Minutes
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:No action necessary
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:On August 10, 2021 the City Commission adopted Resolution 5323
establishing a High Performing Boards model. In Section 2: Communications,
item 7 it is stated that "City Staff will develop minutes that the Board will
review and approve; minutes shall be provided to the City Commission and
made available to the public."
This item presents the recently approved minutes for the following Citizen
Advisory Boards:
Community Development Board, March 21, 2022
Downtown Urban Renewal Board, March 1, 2022
Downtown Urban Renewal Board, March 22, 2022
Economic Vitality Board, February 2, 2022
Economic Vitality Board, March 2, 2022
Sustainability Board, March 9, 2022
Transportation Board, February 23, 2022
Transportation Board, March 23, 2022
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Report compiled on: March 11, 2022
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Memorandum
REPORT TO:City Commission
FROM:Nadine Waters, Accounts Payable Clerk
Levi Stewart, Assistant City Controller
Aaron Funk, City Controller
Rachel Harlow-Schalk, Interim Finance Director
SUBJECT:Accounts Payable Claims Review and Approval
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Finance
RECOMMENDATION:City Commission approval is recommended for 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 the City Commission to
review claims prior to payment. 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. Additionally, the Department confirmed all expenditures
were appropriately coded and within the current fiscal year allocated
budget.
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: April 22, 2022
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Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Authorize the Destruction of Municipal Records in accordance with MCA, 7-
5-4124 as approved by the Local Records Committee per MCA 2-6-1202
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Administration
RECOMMENDATION:Authorize the Destruction of Municipal Records as submitted
STRATEGIC PLAN:7.3 Best Practices, Creativity & Foresight: Utilize best practices, innovative
approaches, and constantly anticipate new directions and changes relevant
to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues
as others may see them.
BACKGROUND:Disposition & Destruction of Public Records
By state law (7-5-4124 MCA) All requests to dispose municipal records must
be approved by the governing body.
Cities and towns may dispose of records that have met their retention
requirements provided they are:
not subject to a legal or regulatory hold
the disposal is carried out in accordance with federal/state/local laws
and a retention schedule approved by
the LGRC (2-6-1202 MCA,) and/or
a court order
The attached disposition forms have met the requirements and disposal is
authorized by the State of Montana.
UNRESOLVED ISSUES:City staff are formalizing a records disposal process and policy and will be
presenting a future ordinance for review by the City Commission.
ALTERNATIVES:Disallow the destruction of records and require continued storage of the
same.
FISCAL EFFECTS:None
Attachments:
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Bozeman-City-MikeM-092121-JK-092121-MR-092121 MR
signed.pdf
Bozeman 2021-4-02232022080120.pdf
Bozeman-City-MikeM-083121-JK-090121-MR-090121
signed.pdf
Report compiled on: April 22, 2022
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Request for Records Disposal or Transfer Authorization
RM60
E-MAIL COMPLETED FORM TO: SOSLocalGovtRecCom@mt.gov OR Mail to the Local Government Records Committee, c/o Department of
Administration-Local Government Services, P.O. Box 200547, Helena, MT 59620-0547
*Confidential: The local government entity must determine if records are confidential or sensitive and mark accordingly.
ENTITY: PHONE: E-MAIL:
CONTACT:
ADDRESS: DISPOSAL NUMBER: Schedule # Item # Page # Description of Records
(Include description from schedule along with the
case # or other identifying information pertinent
to your office)
Inclusive Dates
MONTH AND YEAR Confidential *10 Year Rule Disposal
Approval
(Committee
only)
Agency
Comments
Audit History
or Committee
Comments
From To Yes No
4 4 Example: Bank Statements 10/2001 10/2002 X X
8 32 MR13 Example: Commission Records-Minutes 01/1950 10/1990 X X Microfilmed
12 41e Example: Marriage Licenses 08/1907 09/1972 X X
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RM60 Rev 6 11/4/2015
In accordance with 2-6-1202, 7-5-2132, 7-5-4124 and 20-1-212 and upon the order of the governing body, we the undersigned affirm the records listed on this
disposal request are not subject to any litigation, legal or regulatory hold, and any financial records listed have been audited. See Notification on Central
Registry (Ten Year Rule) below. Typed name below is acceptable as the signature.
Authorized Local Government Representative:
Name:
Title:
Date: Phone:
Records Custodian:
Name:
Title:
Date: Phone:
LOCAL GOVERNMENT SUBCOMMITTEE SIGNATURES REQUIRED FOR DISPOSAL APPROVAL
Department of Administration Committee Member:
Name:
Signature:
Date:
Montana Historical Society Committee Member:
Name:
Signature:
Date: 12/28/2021
Local Government Committee Member:
Name:
Signature:
Date:
NOTIFICATION ON CENTRAL REGISTRY
Per MCA 2-6-1205, public records listed on this form that more than ten (10) years old and are approved for disposal may not be destroyed until they have been listed on a central registry and offered to various agencies and the public for 60 days.
Request for Records Disposal or Transfer Authorization have been listed on the central registry. Completed by
Name: Signature:
Unclaimed records may be disposed 60 days after this date:
TEN YEAR RULE:
Public records more than ten (10) years old approved for destruction may not be destroyed for 60 days after the date listed on the central registry.
Certificate of Transfer/Destruction/Disposition Comments
I hereby attest that I have destroyed, transferred or retained records as designated by the Local Government Subcommittee. If transferred, I have
noted in the “Comments” field above, the entity to which the records have been relocated.
Name: Title: Date:
Signature:
12/21/2021
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Richard R. Aarstad 03/08/2022
Ray Dagnall 3/8/22
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Request for Records Disposal or Transfer Authorization
RM60
E-MAIL COMPLETED FORM TO: SOSLocalGovtRecCom@mt.gov OR Mail to the Local Government Records Committee, c/o Department of
Administration-Local Government Services, P.O. Box 200547, Helena, MT 59620-0547
*Confidential: The local government entity must determine if records are confidential or sensitive and mark accordingly.
ENTITY: PHONE: E-MAIL:
CONTACT:
ADDRESS: DISPOSAL NUMBER: Schedule # Item # Page # Description of Records
(Include description from schedule along with the
case # or other identifying information pertinent
to your office)
Inclusive Dates
MONTH AND YEAR Confidential *10 Year Rule Disposal
Approval
(Committee
only)
Agency
Comments
Audit History
or Committee
Comments
From To Yes No
4 4 Example: Bank Statements 10/2001 10/2002 X X
8 32 MR13 Example: Commission Records-Minutes 01/1950 10/1990 X X Microfilmed
12 41e Example: Marriage Licenses 08/1907 09/1972 X X
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RM60 Rev 6 11/4/2015
In accordance with 2-6-1202, 7-5-2132, 7-5-4124 and 20-1-212 and upon the order of the governing body, we the undersigned affirm the records listed on this
disposal request are not subject to any litigation, legal or regulatory hold, and any financial records listed have been audited. See Notification on Central
Registry (Ten Year Rule) below. Typed name below is acceptable as the signature.
Authorized Local Government Representative:
Name:
Title:
Date: Phone:
Records Custodian:
Name:
Title:
Date: Phone:
LOCAL GOVERNMENT SUBCOMMITTEE SIGNATURES REQUIRED FOR DISPOSAL APPROVAL
Department of Administration Committee Member:
Name:
Signature:
Date:
Montana Historical Society Committee Member:
Name:
Signature:
Date:
Local Government Committee Member:
Name:
Signature:
Date:
NOTIFICATION ON CENTRAL REGISTRY
Per MCA 2-6-1205, public records listed on this form that more than ten (10) years old and are approved for disposal may not be destroyed until they have been listed on a central registry and offered to various agencies and the public for 60 days.
Request for Records Disposal or Transfer Authorization have been listed on the central registry. Completed by
Name: Signature:
Unclaimed records may be disposed 60 days after this date:
TEN YEAR RULE:
Public records more than ten (10) years old approved for destruction may not be destroyed for 60 days after the date listed on the central registry.
Certificate of Transfer/Destruction/Disposition Comments
I hereby attest that I have destroyed, transferred or retained records as designated by the Local Government Subcommittee. If transferred, I have
noted in the “Comments” field above, the entity to which the records have been relocated.
Name: Title: Date:
Signature:
1/27/2022
02/10/2022
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In preparation for the City of Bozeman’s efforts to digitize our paper records, the City Clerk’s Office has
removed all public comments from packet materials to scan into our digital repository for permanent
retention. Upon completion of the scanning, the City intends to destroy all paper packet materials
between 1976 and 1995 that have met their retention.
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Memorandum
REPORT TO:City Commission
FROM:Karl Johnson, Engineer I
Lance Lehigh, Interim City Engineer
SUBJECT:Authorize the City Manager to Sign a Conditional Irrevocable Offer of
Dedication with Swissdetail, Inc. for the Swiss detail Site Plan and Master
Site Plan (20371 and 20372)
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a Conditional Irrevocable Offer of
Dedication with Swissdetail, Inc. for the Swiss detail, Site Plan, Master Site
Plan (20371 and 20372).
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:Attached is a copy (original to City Clerk) of the partially executed
agreement. Engineering staff reviewed the document and found it to be
acceptable.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:None.
Attachments:
Conditional Irrevocable Offer of Dedication
Report compiled on: May 10, 2022
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Memorandum
REPORT TO:City Commission
FROM:Taylor Lonsdale, Transportation Engineer
Lance Lehigh, Interim City Engineer
SUBJECT:Authorize the City Manager to Sign Temporary Construction Permits and
Right-of-Way Documents with HRDC for the Griffin Drive and Manley Road
Street and Stormwater Improvements Project
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to Sign Temporary Construction Permits and
Right-of-Way Documents with HRDC for the Griffin Drive and Manley Road
Street and Stormwater Improvements Project
STRATEGIC PLAN:4.5 Housing and Transportation Choices: Vigorously encourage, through a
wide variety of actions, the development of sustainable and lasting housing
options for underserved individuals and families and improve mobility
options that accommodate all travel modes.
BACKGROUND:The Griffin Drive and Manley Road Street and Stormwater Improvement
project generally consists of construction of a new three-lane roadway on
Griffin Drive from Maus Lane to Rouse Avenue with curb and gutter,
separated multi-use pathways on both sides, a traffic signal at Manley Road,
lighting and utility improvements. The project also includes construction of
approximately 200 feet of Manley Road from Griffin Drive to the south end
of the Manley Road reconstruction project, which was completed in 2020. In
order to construct these improvements it is necessary to acquire the right of
way described herein. The attached documents have been executed by the
property owners, and are necessary for the completion of the project. The
valuations used for these acquisitions were established through the work of
Sanderson Stewart.
UNRESOLVED ISSUES:None.
ALTERNATIVES:None identified or recommended.
FISCAL EFFECTS:There is no cost for these agreements. They are granted as part of the HRDC
Community First Griffin Place Site Plan approval.
Attachments:
20220503_HRDC ROW Agreements for City signature.pdf
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Report compiled on: April 4, 2022
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April 13, 2022
City of Bozeman
c/o Taylor Lonsdale, PE
20 East Olive St.
Bozeman, MT 59715
Reference: Griffin Drive-R/W Acquisition — Closing for Parcel 25
Dear Taylor:
We’ve completed the agreement with the owners of Parcel 25 for the Griffin Drive Improvement
project. To be able to execute the agreement and close on the acquisition, the City needs to sign the
attached documents where indicated.
The attached documents need to be signed (notarized as applicable) by the City and returned to
Sanderson Stewart. The documents have been fully signed by the property owners where required.
The City is required to sign the Right-of-Way Agreement and Temporary Construction Permit
(notarized).
Once the City completes the signing of the attached documents, I will proceed with closing out the
agreement for this parcel. The permit will be recorded, a copy of the final documents will be
delivered to the property owners, and the original documents will be returned to the City. At that
point, the agreement will be fully executed.
If you have any questions or would like to discuss these documents in more detail, please feel free to
contact me via email (tgaddo@sandersonstewart.com) or phone 406|922-4304.
Sincerely,
Tony Gaddo, PE, REALTOR®
Senior Engineer | REALOTR®
TG
Enc.
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Memorandum
REPORT TO:City Commission
FROM:Greg Sullivan, City Attorney
SUBJECT:Authorize City Manager to Sign Payment Agreement with Bozeman Fiber,
Inc. (dba Yellowstone Fiber) for City Costs for Engineering Services for the
Yellowstone Fiber for the Fiber-to-the-Premises Broadband Project
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign payment agreement.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:As part of the City’s agreement to issue Yellowstone Fiber a Utility
Occupancy Permit and Street Cut Permit, the City requested, and
Yellowstone Fiber agreed, to have the City retain an engineering firm to do
the majority of the monitoring of Yellowstone Fiber’s project. On April 5,
2022, the Commission approved consent item H.13 authorizing the city
manager to sign the Professional Services Agreement for Construction
Oversight and Project Management of the Yellowstone Fiber Project. This
Payment Agreement binds Yellowstone Fiber to pay all costs and expenses of
the Morrison & Maierle contract.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:Entering this payment agreement will ensure the costs of the Morrison &
Maierle contract for the Yellowstone Fiber project will be covered by
Yellowstone Fiber. Other effects include City engineering, utilities, parks, and
City Attorney’s Office time monitoring the project.
Attachments:
220412_Payment Agreement_City of Bozeman_Yellowstone
Fiber.pdf
PSA_Engineering_Fiber_Buildout_March_11_2022_V2.pdf
Report compiled on: April 18, 2022
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Professional Services Agreement for Fiber Buildout Engineering Services
Page 1 of 11
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2022
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, Morrison-Maierle, Inc., PO Box 1113, Bozeman, MT
59718, hereinafter referred to as “Contractor.” The City and Contractor may be referred to
individually as “Party” and collectively as “Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Exhibit A and by this reference made
a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date unless
earlier terminated in accordance with this Agreement.
3. Scope of Services: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement and
the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs above
the Agreement amount will be performed by Contractor after written request by the City, and will
become an additional charge over and above the amount listed in the Scope of Services. The City
must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
DocuSign Envelope ID: A24A71E9-5F6B-4447-8228-069426124FFE
5th April
45
Professional Services Agreement for Fiber Buildout Engineering Services
Page 2 of 11
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
DocuSign Envelope ID: A24A71E9-5F6B-4447-8228-069426124FFE
46
Professional Services Agreement for Fiber Buildout Engineering Services
Page 3 of 11
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to
indemnify the City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under
this Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City, including the right of
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contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for [City’s]
own fraud, for willful injury to the person or property of another, or for violation of law, whether
willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
· Workers’ Compensation – statutory;
· Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
· Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
· Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
· Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
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8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement, the City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the City
may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
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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 Lance Lehigh, Interim City Engineer 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 Kevin Jacobsen 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
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Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing and
shall be provided to the Representatives named in this Section. Notices shall be deemed given
when delivered, if delivered by courier to Party’s address shown above during normal business
hours of the recipient; or when sent, if sent by email or fax (with a successful transmission
report) to the email address or fax number provided by the Party’s Representative; or on the
fifth business day following mailing, if mailed by ordinary mail to the address shown above,
postage prepaid.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman
business license, and inspections from applicable governmental authorities, and pay all fees and
charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and
State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination,
affirmative action, and utilization of minority and small business statutes and regulations.
14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
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).
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Contractor must report to the City any violations of the Montana Equal Pay Act that Contractor has
been found guilty of within 60 days of such finding for violations occurring during the term of this
Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing services
under this Agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs,
by any employee or agent engaged in services to the City under this Agreement while on City property
or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of
and shall comply with its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and related testing. City
shall have the right to request proof of such compliance and Contractor shall be obligated to furnish
such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing its employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
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or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
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27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written or as recorded in an electronic signature.
CITY OF BOZEMAN, MONTANA Morrison-Maierle, Inc. _____________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: Travis Eickman
Print Title: Bozeman Operations Manager
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Exhibit A - Scope of Services for Fiber Buildout Engineering Services March 2022
This scope of services covers the following items, as noted below, for Engineering Services related to the buildout of fiber infrastructure within the City of Bozeman. Yellowstone Fiber will be completing the design and construction of the fiber network through contracts with subconsultants and several contractors. This scope of services will cover inspection/oversight of
the installation as described below.
Morrison-Maierle, Inc. will be completing inspection/oversight of the project occurring within City of Bozeman rights, on property owned by the City, and within utility easements where publicly owned water, sewer, and storm mains are being crossed/impacted. Impacts to City
owned non-utility infrastructure will be monitored as well. This work will be on behalf of the
City of Bozeman for the purpose of administration, permitting, construction oversight, traffic control review, and restoration compliance. Effort for these services is based on the hourly rate and expense schedule (Standard Billing Rate Schedule) attached to and made part of this Exhibit A. The various tasks and staff classifications assigned to the tasks are shown on Attachment A.1
attached to and made part of this Exhibit A. The work is to be completed on a time and material
basis and the actual cost will be based on the project needs. The not to exceed cost for the 2022 calendar year is $875,000. The fee will be tracked on a monthly basis and if the required effort is appearing to exceed the estimated cost we will advise you as to the revised expected cost for the year. The Standard Billing Rate Schedules will be updated each calendar year to reflect
billing rate and reimbursable expense changes due to market conditions. Amendments to the
contact will be prepared and submitted to the City of Bozeman for review and acceptance to update the rate schedule and adjust the total fee. The estimated effort is based on information from Yellowstone Fiber on the size of the project
(entire City), duration of the project (3-years), estimated number of boring crews (up to 14),
number of contractors (2), anticipated permit application material, and our understanding of expectations of the City. Actual effort will be dictated based on the needs of the project as it progresses.
Task 100. Administration Administration will include pre project meetings and coordination with the City
of Bozeman and Yellowstone Fiber. We will make decisions on specific
computer and data collection needs for the project. Software such as ArcGIS, Smartsheet, NoteVault, etc. will be used to process contractor permits, collect field data, monitor progress, and communicate information to stakeholders. Tablets will be utilized by field staff for this purpose.
Project meetings are estimated to occur on a weekly basis throughout the project period. These meetings are used to maintain open and consistent lines of
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2
communication between Yellowstone Fiber, the contractor, the City of Bozeman, and Morrison-Maierle. The frequency, duration, and required attendees will be
modified throughout the project based on communication needs.
Smartsheets, a web-based platform, is planned to provide a platform for project reporting. Permitting is anticipated to be reviewed and processed through Smartsheet, and will house a running database of permits for the entire project.
The City will obtain Smartsheet licenses and provide 2 user licenses to Morrison-
Maierle to utilize during the project. ArcGIS will be utilized in the field to collect live project data on all potholing activities and disturbed City of Bozeman infrastructure. Each City utility pothole and disturbed piece of City infrastructure will be mapped with attributes such as location, date, contractor, permit number,
depth, material, restoration, address, weather, etc.
Management of the project will occur daily throughout the project, including addressing the public’s requests for information. We have a dedicated staff with our local office that City staff can forward these requests to. Senior level staff will
ensure that high quality work is provided throughout the project.
200. Permitting Review Task 200 covers the permitting of Yellowstone Fiber and their selected
contractors for work occurring on the project on City owned property or
easements contain City sewer, water, or storm mains. Due to the projects size and duration, we will prepare a “project-wide” occupancy permit application that covers the entire project on an annual basis.
We will also prepare “work area” permits that contractors will submit throughout
the project. These “work area” permits will be reviewed and processed and housed through Smartsheet. Each “work area” permit will include a traffic control plan that will be reviewed for compliance with MUTCD and City requirements. All permits will be based on current City permits, modified specifically for this
project.
An overall street cut permit, with a City approved fee structure and project specific bonding requirements, will also be prepared for each contractor. Each month we will prepare an accounting of all the street cuts/potholing that will
submitted to the City for invoicing to each contractor. The overall street cut
permits for each contractor will be revisited and updated each year to account for any necessary modifications. All permits will be based on current City permits, modified specifically for this project.
300. Construction Oversight, Traffic Control Supervision
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3
This field task will provide oversight of the entire project over the estimated three-year duration. Active construction is anticipated to commence in early
April of 2022 and be complete at the end of November 2024. As noted
previously, work beyond calendar year 2022 will be identified in an amendment to this agreement. Based on this information we estimate that multiple full time resident project
representatives (RPR’s) will be necessary to provide sufficient oversight of the
contractors/sub-contractors working throughout the City. The number of staff assigned will be dependent on the activity of the various contractors and will vary over the course of the project. These individuals will monitor schedules of the crews, record project data, witness utility crossing clearances at potholes, record
disturbed City infrastructure, ensure restoration compliance, and provide project
updates/communications to contractors, project management, Yellowstone Fiber, City staff, and stakeholder In addition to the oversight on the fiber installation, the field staff will also be
monitoring each contractor’s traffic control for compliance with the approved
“work area” traffic control plan. Field staff will make suggestions on necessary modifications to the plan based on field conditions and/or input from City staff. Surveying services, for use when property or easement discrepancies exist, have
been included in a limited capacity. Our licensed surveyor can research
courthouse records and locate property boundaries as needed. A budget is provided for occasional compaction testing and concrete testing as the work progresses to confirm that city specifications are being met at the locations
tested. The budgeted effort is not intended to check the overall project
compliance with the specifications but only to occasionally spot check conditions. During field inspection, field staff will utilize tools to complete their work. These tools include vehicles, tablets, software, nuclear density meters, concrete testing
equipment, and survey equipment, these will be billed per unit used on the
project. 400. Warranty Restoration Compliance
In 2024 it is anticipated that an amendment to the agreement will be entered into
to ensure contractor compliance with city specifications for the 1-year warranty period following the completion of the 3rd year of work. We will coordinate a “walk-through” of the work completed during the 3rd year, create a punch list of required items to be addressed by the contractor, and coordinate the correction,
removal, and/or replacement of defective work. The walk throughs and warranty
work for the first two years will occur during the construction oversight task (#300 above).
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Exhibit A.1 - Labor and Expense Schedule
City of Bozeman, MT - Fiber Buildout Engineering Services
Prepared For: Lance Lehigh, PE, CFM, City of Bozeman Interim City Engineer
Staff Labor
Task or Division Assigned Rate
100 - Administration
Supervising Engineer $220.00
Project Manager $169.00
Construction Manager $132.00
Project Manager $169.00
Construction Manager $132.00
Project Manager $169.00
Construction Manager $132.00
104. Project Management Project Manager $169.00
105. Fielding Calls Administrative Coordinator $81.00
106. Quality Assurance/Quality Control Supervising Engineer $220.00
200 - Permitting Review
Project Manager $169.00
Construction Manager $132.00
Project Manager $169.00
Senior Communications Designer $168.00
Construction Manager $132.00
Project Manager $169.00
Construction Manager $132.00
Project Engineer $169.00
Construction Manager $132.00
205. Quality Assurance/Quality Control Supervising Engineer $220.00300 - Construction Oversight, Traffic Control Supervision
Construction Manager $132.00
Resident Project Representative
(average rate)$120.00
Construction Manager $132.00
Resident Project Representative
(average rate)$120.00
303. Land Surveyor Property Verifications /
Couthouse Research Land Surveyor $142.00
400 - Warranty Restoration Compliance
Project Manager $169.00
Construction Manager $132.00
Resident Project Representative
(average rate)$120.00
Direct Expenses Charge Rate
Vehicle (mi)$0.77
RPR Inspection Tablets, $50/month each $50.00
Nuclear Density Meter (day)$35.00Concrete Strength Testing 4" cylinders (test
per set - Lab Only)$160.00
Survey Equipment (hour)$30.00
401. One year warranty walk-through (verify
restoration from 3rd year of work)
302. Winter Project Oversight - Dec though
Mar
101. Initial Project Setup
Meetings/Coordination/Software/Permits
103. Project Reports - City Communication
201. Prepare/Update/Review Project Wide
Street Cut Permit
102. Project Meetings
202. Review Work Area Occupancy Permits
203. Review Traffic Control Plans
204. Street Cut Inventory
301. Summer Project Oversight - Apr though
Nov
N:\0417\093 - Fiber Project\01 Project Management\Contract\Second Submittal\Attachment A1 - Eng Fee_Fiber Buildout 2022 V2 03 11
2022.xls 3/11/2022
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Standard Billing Rate Schedule Effective ThruDecember 31, 2022
Standard Rate Overtime Rate
Engineer Supervising Engineer V 245.00 245.00
Supervising Engineer IV 240.00 240.00Supervising Engineer III 220.00 220.00Supervising Engineer II 210.00 210.00Supervising Engineer I 200.00 200.00
Senior Engineer II 185.00 185.00
Senior Engineer I 169.00 169.00
Design Engineer II 159.00 159.00
Design Engineer I 147.00 147.00
Engineer Intern II 128.00 128.00
Engineer Intern I 112.00 112.00
Planner Supervising Senior Planner 202.00 202.00
Senior Planner 168.00 168.00
Planner III 136.00 136.00
Planner II 124.00 124.00
Planner I 108.00 108.00
Scientist Supervising Environmental Scientist 210.00 210.00
Environmental Scientist III 168.00 168.00
Environmental Scientist II 128.00 128.00Environmental Scientist I 108.00 108.00
Environmental Technician 95.00 95.00
Supervising Geologist 227.00 227.00
Senior Geologist 200.00 200.00
Geologist III 172.00 172.00
Geologist II 147.00 147.00
Geologist I 126.00 126.00
Designer and Technician Senior Communications Designer 168.00 168.00
Communications Designer 112.00 112.00
CAD Designer III 140.00 140.00
CAD Designer II 129.00 129.00
CAD Designer I 119.00 178.50
CAD Tech III 117.00 175.50
CAD Tech II 100.00 150.00
CAD Tech I 88.00 132.00
Senior Engineering Technician 165.00 165.00
Engineering Technician 112.00 112.00
Resident Project Representative Senior Resident Project Representative 157.00 157.00
Resident Project Representative III 149.00 149.00
Resident Project Representative II 132.00 132.00
Resident Project Representative I 113.00 169.50
Administrative Administrative Manager 113.00 113.00Administrative Coordinator III 105.00 105.00
Administrative Coordinator II 99.00 148.50
Administrative Coordinator I 81.00 121.50
Project Coordinator III 102.00 102.00
Project Coordinator II 92.00 138.00
Project Coordinator I 82.00 123.00
Technical Intern 77.00 115.50
Senior Communication Specialist 115.00 115.00Graphic Designer 95.00 95.00
Health & Safety Administrator 126.00 126.00
Survey Senior Survey Manager 203.00 203.00
Survey Manager 158.00 158.00
Land Surveyor IV 152.00 152.00
Land Surveyor III 142.00 142.00
Land Surveyor II 130.00 130.00
Land Surveyor I 120.00 120.00
Remote Sensing Specialist 125.00 187.50
Survey Technician IV 116.00 116.00
Survey Technician III 103.00 154.50
Survey Technician II 88.00 132.00Survey Technician I 72.00 108.00
Expert Witness Recommended rate for expert witness services (depositions and/or time in court) is charged at an hourly rate of 150-200% of the standard billing rate.
1/13/2022
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Memorandum
REPORT TO:City Commission
FROM:Max Ziegler, Facilities Project Coordinator
Mike Gray, Facilities Superintendent
Jon Henderson, Strategic Services Director
SUBJECT:Authorize the City Manager to Sign a Professional Services Agreement with
FOS of CannonDesign for Facilities Condition Assessment Services
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Professional Services Agreement with
FOS of CannonDesign for Facilities Condition Assessment Services
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:In order to adequately inform long term facilities planning and budgeting, a
comprehensive analysis of City buildings is needed to evaluate facility
condition, repair needs, and system lifespans. Contracting a Facilities
Condition Assessment consultant to inspect our buildings will provide the
City with an inventory of deferred maintenance needs and their associate
repair costs, forecasts for future maintenance expenditures and equipment
replacement cycles, and an understanding of buildings' lifecycles and capital
needs. Reports and deliverables from these assessments will provide a
dashboard for analyzing portfolio wide needs, forecasting expenses, and will
aid in managing facility repair and maintenance projects.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:Expenses for this facilities condition assessment service agreement are to be
a fixed fee of $177,111, to be expensed to Project Code: FCA22. This fee will
provide for the assessment of 14 City buildings, asset tagging 300 pieces of
equipment, and reports and data deliverables as described in the scope of
services.
Attachments:
Professional Services Agreement - FOS of CannonDesign -
Facilities Condition Assessment.pdf
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Report compiled on: April 25, 2022
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), by and between the CITY OF BOZEMAN, MONTANA, a self-governing
municipal corporation organized and existing under its Charter and the laws of the State of Montana,
121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT
59771, hereinafter referred to as “City,” and, FOS of CannonDesign, 50 Fountain Plaza, Suite 200,
Buffalo, NY 14202, 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 _____ day of ______________, 202_, 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,
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Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform the services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this Agreement
shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal,
state and municipal laws. The City will not determine or exercise control as to general procedures or
formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an employee
of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s
personnel policies handbook and may not be considered a City employee for workers’ compensation
or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in
any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, Montana Code Annotated (MCA), and the Occupational Disease Act of
Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for
all members and employees of Contractor’s business, except for those members who are exempted
by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
In the event that, during the term of this Agreement, any labor problems or disputes of any
type arise or materialize which in turn cause any services to cease for any period of time, Contractor
specifically agrees to take immediate steps, at its own expense and without expectation of
reimbursement from City, to alleviate or resolve all such labor problems or disputes. The specific
steps Contractor shall take shall be left to the discretion of Contractor; provided, however, that
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Contractor shall bear all costs of any related legal action. Contractor shall provide immediate relief
to the City so as to permit the services to continue at no additional cost to City.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of expert witness and consultants), losses,
expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or
damages of whatever kind or nature connected therewith and without limit and without regard to the
cause or causes thereof or the negligence of any party or parties that may be asserted against,
recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or
in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; or (ii)
any negligent, reckless, or intentional misconduct of any of the Contractor’s agents.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
intentional misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not be
construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Contractor to assert its right to
defense or indemnification under this Agreement or under the Contractor’s applicable insurance
policies required below, the City shall be entitled to recover reasonable costs and attorney fees
incurred in asserting its right to indemnification or defense but only if a court of competent
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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, Contractor shall at Contractor’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion
for liabilities specifically assumed by the Contractor in this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City. Contractor shall
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City shall be endorsed as an
additional or named insured on a primary non-contributory basis on the Commercial General,
Employer’s Liability, and Automobile Liability policies. The insurance and required endorsements
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must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation
or non-renewal. Contractor shall notify City within two (2) business days of Contractor’s receipt of
notice that any required insurance coverage will be terminated or Contractor’s decision to terminate
any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails
to perform any of its obligations under this Agreement, or otherwise breaches any terms or
conditions of this Agreement, the City may, by written notice, terminate this Agreement and
the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due
to Contractor’s Fault”). The City may then take over the work and complete it, either with its
own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any other
remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost 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.
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b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as
may be necessary to preserve, protect, and maintain work already completed or immediately
in progress.
c. In the event of a termination pursuant to this Section 9, Contractor is entitled
to payment only for those services Contractor actually rendered on or before the receipt of the
Notice of Termination for City’s Convenience.
d. The compensation described in Section 9(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost
productivity, field office overhead, general conditions costs, or lost profits damages of any
nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within thirty (30) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Max Ziegler, Facilities Project Coordinator or such other individual as
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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 _____________________ 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.
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14. Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
The Contractor will have a policy to provide equal employment opportunity in accordance with all
applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will
not refuse employment to a person, bar a person from employment, or discriminate against a person
in compensation or in a term, condition, or privilege of employment because of race, color, religion,
creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation,
gender identity, physical or mental disability, except when the reasonable demands of the position
require an age, physical or mental disability, marital status or sex distinction. The Contractor shall
be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United
States Code, and all regulations promulgated thereunder.
Contractor represents it is, and for the term of this Agreement will be, in compliance with the
requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act).
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
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subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of the City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party of any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent default
or breach.
19. Attorney’s Fees and Costs: In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice
required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including the City
Attorney’s Office staff.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to assist
in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
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competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to
which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable, the
balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects by
the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs,
legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained herein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties other
than as set forth in this Agreement. All communications, either verbal or written, made prior to the
date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a period
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of one year by written agreement of the Parties. In no case, however, may this Agreement run longer
than May 3rd, 2024.
32. Contractor Tools: Contractor may use data, software, designs, utilities, tools, models,
systems and other methodologies and know-how that Contractor owns or licenses (“Tools”) in
performing the Services. Notwithstanding the delivery of any reports, Contractor retains all rights in
and to the Tools (including any improvements, customizations, modifications or knowledge
developed while performing the Services), and in any working papers compiled in connection with
the Services (but not the City information reflected in them), including any copyrights, patents, and/or
trademarks therein or associated therewith. The City acknowledges that the City has no right, title, or
interest in or to the Tools or any copyrights, patents, and/or trademarks therein or associated
therewith.
**** 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 ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Jeff Mihelich, City Manager
Print Name: ___________________________
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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EXHIBIT A
74
RESPONSE TO REQUEST FOR PROPOSAL
City of Bozeman
Facilities Condition Assessment Cosultant Services
March 3, 2022
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2 76
Contents
A Executive Summary
B Firm/Individual Profile
C Description of Proposed Solution
D Proposed Schedule
E Related Experience
F Recent and Current Work for the City of Bozeman
G References
H Cost Proposal
I Affirmation of Nondiscrimination
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A
Executive Summary
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Dear Selection Committee,
On behalf of FOS of CannonDesign, we are pleased to respond to the request for proposal from the City of
Bozeman (hereinafter known as the “City”) for facilities condition assessment (FCA) services. This significant
undertaking will have an impact on your entire city, and we appreciate the opportunity to help you thoughtfully
plan for the future. In anticipation of the City’s continued population growth, the data produced by this FCA
will enable you to accurately prioritize and plan maintenance and expansion efforts to accommodate the City’s
increasing infrastructure needs.
FOS of CannonDesign is the right partner for the City as you embark on this exciting endeavor. Our team offers a
number of advantages, including the below highlights.
In the last six years, FOS has performed over 600 million square feet of facility condition assessments, of which
no two are the same. We have deep experience in helping civic and municipal organizations, universities, and
corporations make bold, informed choices on their strategies for the future. Our Facility Optimization Solutions
(FOS) service utilizes a consistent and proven assessment process including real-time data capture. Like all of our
FCAs, the way we will deliver this project will be tailored to the City’s specifications defined in the RFP and further
refined during our scoping discussions.
FOS of CannonDesign has structured a robust interdisciplinary group of full-time FCA specialists, including
architects, engineers, cost estimators, constructors, facility managers, and technology specialists. We
understand how facilities are designed, built, operated, maintained, and repurposed. We understand the diverse
perspectives and obligations of individuals throughout agencies and institutions and deliver defensible decision-
making information that is useful at all levels of the organization. We believe that our team is fully capable and
best suited to assist the City in understanding the general condition of the 12 high-priority buildings listed in
the RFP, their components and systems, and the short- and long-term financial needs. FOS of CannonDesign
has dedicated in-house cost estimators with local construction knowledge and does not rely on commercially
available, regionalized cost estimating guidebooks. Our team estimates over $4 billion worth of active
construction projects on an annual basis.
Our team has a consistent, well-defined 9-step approach to facility condition assessments, determining
space and programming needs, and master planning. We’ve made an effort to understand your scope and
have designed a process that we believe will drive your city to the right outcomes. We understand the specific
challenges associated in municipal services, and we bring national expertise and lessons learned from our
partnerships with the County of San Luis Obispo, City of Greeley, City of Urbana, Orange County, and other
municipalities of varying size nationwide.
FOS of CannonDesign will be joined by local Bozeman engineers at Aspen Springs Consulting. Niles Hushka,
PE, Shane Strong, PE, and Shari Eslinger, PE, will participate in project meetings to provide in-sight from their
experience, background, ongoing design and construction projects. Aspen Springs Consulting will review the cost
estimates prepared by FOS of CannonDesign. We understand that the construction market in Bozeman is unique
and challenging in many ways. This collaboration is in-tended to provide further calibration to the local market
conditions.
In line with the City’s goals for this project, FOS of CannonDesign will:
• Compile a list of repairs and maintenance needs for each building. Our four-person assessment team will
walk each building with members of the City’s facility team to assess each system component and learn from
March 4, 2022
80
the institutional knowledge of those who work with those systems on a daily basis.
• Forecast long-term capital needs and system replacement cycles. Our team will use a 10-year assessment
scope window to identify future renewal needs of systems and components nearing the end of their useful
remaining life.
• Estimate rough order of magnitude estimates for repairs and building replacement, utilizing the knowledge
and resources of our own in-house cost estimators, not generalized books or databases.
• Develop a central dataset of pertinent information for all city buildings, compiled in our FOScore data
collection software system and exported into an Excel format for integration with CityWorks. FOScore is an
Asset Management Software for capital planning and project planning that complements CityWorks – it is not
a work order system. A free trial of FOScore is included at no additional charge.
• Support planning for energy efficiency improvements through identification of items that have potential for
energy improvements.
• Create plans and schedules for routine maintenance cycles for import into CityWorks.
The City’s 12 high-priority buildings will be assessed to gather general information on each building and
to evaluate the condition of the systems as they relate to: general condition; remaining useful life; current
deficiencies and items requiring maintenance, prioritized by urgency for repair; and rough order of magnitude
cost estimates for current and forecasted repair maintenance needs. Routine maintenance plans and schedules
for each building will be provided as well as comprehensive photographs of each building and their systems.
In response to the City’s scope of work, we’re proposing a components approach assessment, where our team
will observe the individual components of systems within physical assets – this level of detail is necessary for
preventative maintenance planning tasks. We also recommend including a pilot assessment, where one asset
from your group of 12 high-priority buildings will be selected to be taken through the entire process for review
and approval before the balance of reports are issued. This pilot assessment is a critical step toward ensuring
that the resulting data at the end of the project sufficiently matches your needs and expectations.
We also recognize the City’s ambitious climate goals and the critical role that energy efficiency in city buildings
plays in transitioning to a carbon-neutral economy over the next 30 years. In line with this RFP’s stated
deliverables, this assessment will identify known items that have potential for energy improvement to support
these efforts, and we also offer high-level approaches that can lead to more detailed studies – this can be
discussed further if that level of detail is needed in order to meet goals associated with increasing energy
efficiency at City facilities.
Ultimately, what defines the FOS of CannonDesign group is our desire to work in strong partnership with the City
in order to establish shared goals and exercise joint ownership of project decisions from start to finish. We strive
to provide exceptional services and pride ourselves on our unparalleled work ethic.
We appreciate your review and consideration of this proposal. Please feel free to contact us with any questions or
requests for additional information.
Thank you,
Joseph Cassata, RA, NCARB716.774.3258jcassata@foscd.com
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B
Firm/Individual Profile
83
Section B Firm/Individual Profile
City of Bozeman | 10
We began with one person and a vision - that integrated design could achieve great results for our clients.
Now, a century later, that vision echoes in all our work. We’ve grown from a single small office to a global, award-winning, full-service architectural, engineering, construction, and facility management consulting firm.
CannonDesign has developed an international reputation for design excellence, technological innovation, and unsurpassed client service. Our wide-ranging service offerings allow us to provide organizations with comprehensive solutions that address specific needs, goals, and challenges.
Us (CannonDesign).
People
Firm wide, we have over 1,100 employees on staff. We have no geographic boundaries - we hand pick custom teams from our global network for the specific needs of each project.
Our vision emphasizes core values of integrity, teamwork, transparency, sustainability, and excellence. We differ from other multi-office design firms in our thinking, work ethic, and organization. We are an interdisciplinary firm, integrating all the skills needed to deliver innovative solutions.
Place
We have 21 global offices strategically placed across the globe. With a strong legacy of delivering successful projects, we are connected to the City of Greeley - it’s culture, its people, and its future. Our local office for this project is located at 1301 Wazee Street, Suite 100, Denver, CO 80204.
Purpose
We are guided by our common vision and purpose: “Together, we create design solutions to the greatest challenges facing our clients and society.”
This shared vision shapes the way we think and work. Our clients are our most important partners. By aligning ourselves with our client’s vision, we are able to address their challenges in multiple dimensions, drawing on our deeply-resourced, multi-disciplinary skill base.
BACKGROUND AND EXPERIENCE
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Facility Optimization Solutions (FOS) is a dedicated facility management services subsidiary of CannonDesign. Throughout the life-cycle of an asset portfolio, the time and capital spent on operations and maintenance far exceeds design and construction costs.
(FOS) of CannonDesign provides facility management and strategic capital planning consulting to meet the ongoing stewardship needs of our clients.
We crafted a unique, interdisciplinary team of subject matter experts that is an industry leader in providing facility condition assessments, facility management optimization, and custom software solutions to help our clients understand and extend physical asset life-cycles.
Flexible, Dynamic, Data-Driven Solutions
We leverage our diverse resources to develop innovative
solutions for each of our clients’ unique needs. Our
expertise in physical asset management includes:
• Facility condition assessments
• Asset inventory & maintenance planning
• Capital improvement planning
• Job order contracting (JOC) software &
program management
• Energy audits
• Forensic & feasibility assessments
• ADA / Life Safety Solutions
World Ranked
#1 in U.S.
Facility Management Services by an AE firm -World Architecture 100, 2019
+400 million
Square Footage Assessed (past 5 years)
100%
Client satisfaction rating
BACKGROUND AND EXPERIENCE
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Assessment Team
Paul PokigoLEED AP, CDTSenior Project Manager
David MalinowskiMechanical & Plumbing Assessor
Mark TittleAssoc. AIAField Project Manager/Architectural Assessor
Brad HalvorsonElectrical Assessor
Mario AlcantaraAssoc. AIAArchitectural Assessor
Project Management
Joe CassataRA, NCARB FOS President, Project Executive
Nicholas DerrAssoc. AIAFCA Process Leader
Niles Hushka, PEAspen Springs Consulting, BozemanSenior Engineer
Subject Matter Experts
Matt CloughSoftware Integration Leader Bill GrillCPE, LEED AP BD+CCost Estimating Leader
Amir Rezaei-BazkiaeiPHD, BPACEnergy/Emission Reduction
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Joseph Cassata
RA, NCARB
FOS President, Project Executive
Joe Cassata leads CannonDesign’s Facility Optimization Solutions team in its efforts to help organizations understand and leverage their facility assets to be more efficient, effective and sustainable. With over 30 years of experience as an accomplished project manager, Joe is uniquely qualified to partner with our clients on developing insightful facility condition assessments, maintenance planning, asset management, space utilization studies and other services. Joe prides himself on building long term relationships with our clients and leverages his PM expertise to manage schedules and budgetary challenges for organizations across all industries.
EDUCATION
MArch, Architecture, State University of New York at Buffalo
BA, Environmental Design, State University of New York at Buffalo
CERTIFICATIONS
Registered ArchitectNCARBAIA (American Institute of Architects)
RELEVANT EXPERIENCE
City of Greeley, Greeley, COFOS of CannonDesign came onsite and performed a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality
Orange County Community Resources, Irvine, CACannonDesign completed a comprehensive Facility Condition Assessment (FCA) of the 1 million sf of assets comprised of the Orange County Zoo, 36 parks and 35 libraries.
City of Denver, Denver, COFOS of CannonDesign has provided on call assessment services for the City of Denver since 2019. Typically these are ADA assessments, due diligence assessments, or pre-design assessments to aid the City in data driven facility planning.
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and management
software.
Current workload:
Providing leadership to a team of 50 facility management and software professionals.
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Nicholas Derr
ASSOC. AIA
FCA Process Leader
Nick is a third-generation builder, designer, consulting facility planner, and software implementation specialist. With over 20 plus years of technically focused experience, he excels at creating data centered programs that empower clients to realize new goals. Nick is responsible for engaging FOS clients as a partner in the total process, ensuring stakeholder satisfaction and valid results - all while driving meaningful and measurable improvements in the built environment throughout our communities.
RELEVANT EXPERIENCE
City of Greeley, Greeley, COFOS of CannonDesign came onsite and performed a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality
City of Urbana- Urbana, IllinoisThe City of Urbana set out to preserve “the quality of life for the citizens, visitors, businesses and government agencies.” FOS conducted a Facility Conditions Assessment including 12 assets and 102,527 square feet that resulted in their long-term capital plans being approved by their City Council.
City of Denver, Denver, COFOS of CannonDesign has provided on call assessment services for the City of Denver since 2019. Typically these are ADA assessments, due diligence assessments, or pre-design assessments to aid the City in data driven facility planning.
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and management
software.
EDUCATION
BA, Architecture, Syracuse University
AFFILIATIONS
American Institute of Architects
National Eagle Scout Association
Current workload:
10% Commitment to A.T. Still University, 10% commitment to Salvation Army
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Paul Pokigo
LEED AP, CDT
Senior Project Manager
EDUCATION
M, Technology Education,
Bachelor, Architecture, University at Buffalo
AFFILIATIONS
• American Institute of Architects• Hospitality Design Institute• National Association of Homebuilders• Construction Specifications Institute• US Green Building CouncilProject Management Institute (PMI)
RELEVANT EXPERIENCE
Town of Amherst, Amherst, NYFOS of CannonDesign is performing a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality
Diocese of Lansing, Lansing, MIFOS conducted an assessment of the Diocese of Lansing to review their assets which included 200 assets included churches, k-12 buildings, rectories, offices, and community buildings. The FOS team providing short and long term investment strategies to assist the Diocese in their long term planning efforts. Phase two will include additional schools and offices.
Foothills-De Anza, Los Altos Hills, CAMulti-campus facility condition assessment (FCA) for 2.1M sf of facilities across two campuses to provide the District with the necessary information needed to make informed decisions on critical aspects of the facilities and infrastructure serving all their campuses. The FCA has identified current conditions, helped with risk analysis, and will be able to guide stakeholders in decisions that impact the long-term use of the buildings and ultimately the students.
Paul, a Senior Project Manager for FOS, has led efforts with design-build and construction firms for over 25 years. With training in architecture and technology education, he is well-versed in the ways of working with owners, architects, and construction managers.
Paul is a firm believer in collaborative work environments, and uses his experience managing the project planning, execution, and development processes to guide field teams.
Paul previously taught architecture, design, and civil engineering to high school students and is even an award-winning designer from a tree-house hotel and operations plan competition. His unique perspectives and project management experiences are an asset to any project.
Current workload:
50% commitment to Town of Amherst (ends mid April), 1-% commitment to Denver Public Schools 5-year FCA
program
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Mark Tittle
ASSOC. AIA
Field Project Manager/Architectural Assessor
EDUCATION
AAS, Architectural Technology, State University of New York at Buffalo
BS, Architecture, State University of New York at Buffalo
CERTIFICATIONS
Associate AIA
AFFILIATIONS
American Institute of Architects
RELEVANT EXPERIENCE
City of Greeley, Greeley, COFOS of CannonDesign came onsite and performed a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality
Orange County Community Resources, Irvine, CACannonDesign completed a comprehensive Facility Condition Assessment (FCA) of the 1 million sf of assets comprised of the Orange County Zoo, 36 parks and 35 libraries.
City of Denver, Denver, COFOS of CannonDesign has provided on call assessment services for the City of Denver since 2019. Typically these are ADA assessments, due diligence assessments, or pre-design assessments to aid the City in data driven facility planning.
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and management
software.
Mark is an architectural field assessor in CannonDesign’s Facility Optimization Solutions (FOS) group. With over 25 years of experience as a project manager for design and construction projects, Mark has intimate knowledge of architectural systems and building life-cycle analysis. His experience includes projects in diverse environments including healthcare, education, recreational, industrial, and corporate/commercial.
Availability: 90%
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Mario Alcantara
ASSOC. AIA
Architechtural Assessor
Mario is an architectural assessor for FOS of CannonDesign. With over 20 years of design, construction, assessment, and project management experience, he brings broad architectural systems experience to the FOS team. In addition to his design and assessment experience, Mario has a construction quality assurance background that drives his firm attention to detail.
EDUCATION
BArch, Fine Arts in Architecture, Rhode Island School of Design
RELEVANT EXPERIENCE
City of Greeley, Greeley, COFOS of CannonDesign came onsite and performed a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality
Orange County Community Resources, Irvine, CACannonDesign completed a comprehensive Facility Condition Assessment (FCA) of the 1 million sf of assets comprised of the Orange County Zoo, 36 parks and 35 libraries.
City of Denver, Denver, COFOS of CannonDesign has provided on call assessment services for the City of Denver since 2019. Typically these are ADA assessments, due diligence assessments, or pre-design assessments to aid the City in data driven facility planning.
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and management
software.
Availability: 90%
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David Malinowski
Mechanical & Plumbing Assessor
David is an mechanical systems Assessor in CannonDesign’s Facility Optimization Solutions (FOS) group. He provides Facility Condition Assessments (FCA) for electrical, mechanical, plumbing, and fire protection systems in a variety of building typologies including education, healthcare, industrial, manufacturing, government, and corporate organizations. David has over 30 years of HVAC project management and estimating experience in the construction field.
EDUCATION
MCAA, Institute for Project Management, State University of Texas at Austin
AAS, Electro-Mechanical Drafting, State University of NY, Alfred State
Project Management Certificate Program, State University of New York at Buffalo
RELEVANT EXPERIENCE
Orange County Community Resources, Irvine, CACannonDesign completed a comprehensive Facility Condition Assessment (FCA) of the 1 million sf of assets comprised of the Orange County Zoo, 36 parks and 35 libraries.
CharlotteCounty, Punta Gorda, FL The comprehensive facilities condition assessment for 115 municipal buildings and sites (1.76M sf) in Charlotte County, FL is a 2020 update to the same FCA completed in 2013. Facility types include parks, libraries, justice center, fire stations, law enforcement centers, community centers, maintenance and utility structures, county administrative facilities and other building types. ADA-related deficiencies observed were also recorded.
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and management
software.
Alameda County, Oakland, CAFacility condition assessments to determine the state of deferred maintenance and identify capital needs across an asset portfolio of 86 municipal buildings.A database was populated using our assessment and asset management software, FOScore®, which integrates with industry standard CMMS, BIM, and GIS software. This database can interface with existing maintenance and capital renewal procedures to inform work order management using real time actionable facility condition data.Availability: 90%
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Bradley Halvorson
Electrical Assessor
Brad is adept at assessing, installing, and maintaining major electrical systems. With his experience spanning across all markets, he has been a successful supervisor. Brad performs electrical projects including teaching code exam preparation and continuing education classes to other licensed electricians.
CERTIFICATIONS
Master Electrician: MNJourneyman Electrican: CO
RELEVANT EXPERIENCE
City of Greeley, Greeley, COFOS of CannonDesign came onsite and performed a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality.
Charlotte County, Punta Gorda, FLFacilities condition assessment for 115 municipal buildings and sites (1.76M sf). Facility types include parks, libraries, justice center, fire stations, law enforcement centers, community centers, maintenance and utility structures, county administrative facilities and other building types.
Foothills-De Anza, Los Altos Hills, CAMulti-campus facility condition assessment (FCA) for 2.1M sf of facilities across two campuses to provide the District with the necessary information needed to make informed decisions on critical aspects of the facilities and infrastructure serving all their campuses. The FCA has identified current conditions, helped with risk analysis, and will be able to guide stakeholders in decisions that impact the long-term use of the buildings and ultimately the students.
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and
management software.
Availability: 90%
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Experienced in a variety of software languages,
environments, and platforms, Matt is adept at working with
clients to solve challenges through software application
development. Matt’s experience is specific to facilities asset
management solutions in markets including government,
higher education, PK-12, healthcare, aviation, defense, and
more. His robust experience with database architecture, web-
based user interfaces, data analysis, and reporting will ensure
that all software specifications for the project are met and
exceeded.
Matt’s technical experience helps clients identify needs and
challenges them to implement functional, valuable solutions.
He strives to pave a path forward to implement innovative
improvements to all our platforms and client programs.
EDUCATION
Bachelor of Business Administration, Information Systems, University of Texas at San Antonio
Matt Clough
Software Integration Leader
RELEVANT EXPERIENCE
City of Greeley, Greeley, COFOS came onsite and performed a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and management software.
Foothills-De Anza, Los Altos Hills, CAMulti-campus facility condition assessment (FCA) for 2.1M sf of facilities across two campuses to provide the District with the information needed to make informed decisions on critical aspects of the facilities and infrastructure serving all their campuses. The FCA has identified current conditions, helped with risk analysis, and will be able to guide stakeholders in decisions that impact the long-term use of the buildings and ultimately the students.
CharlotteCounty, Punta Gorda, FL The facilities condition assessment for 115 municipal buildings and sites (1.76M sf) in Charlotte County, FL is a 2020 update to the same FCA completed in 2013. Facility types include parks, libraries, justice center, fire stations, law enforcement centers, community centers, maintenance and utility structures, county administrative facilities and other building types. ADA-related deficiencies observed were also recorded.
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William (Bill) Grill
CPE, LEED AP BD+C
Cost Estimating Leader
Bill is the director of our in-house cost estimating group,
a team of interdisciplinary professionals maintaining a
robust cost database refined over the past forty years. Bill
and his team provide ongoing database support to ensure
the UPB reflects all local, regional, national, and global
economic conditions. Bill has experience in all markets for
projects ranging from small renovations to major $1B+ new
construction.
As an integral point of leadership and guidance for the JOC
cost estimating group, Bill ensures that all of our cost data is
up to date, controlled for quality, and that long-term market
and local conditions are understood and predicted for the
benefit of all cost data users internally and externally.
EDUCATION
BS, Mechanical Engineering, Alfred University
AFFILIATIONS
Alpha Lambda Delta Honor SocietyTau Beta Pi Engineering Honor Society
RELEVANT EXPERIENCE
City of Denver, Denver, COFOS of CannonDesign has provided on call assessment services for the City of Denver since 2019. Typically these are ADA assessments, due diligence assessments, or pre-design assessments to aid the City in data driven facility planning.
Foothills-De Anza, Los Altos Hills, CAMulti-campus facility condition assessment (FCA) for 2.1M sf of facilities across two campuses to provide the District with the necessary information needed to make informed decisions on critical aspects of the facilities and infrastructure serving all their campuses. The FCA has identifievd current conditions, helped with risk analysis, and will be able to guide stakeholders in decisions that impact the long-term use of the buildings and ultimately the students.
City of Urbana, Urbana, ILThe City of Urbana set out to preserve “the quality of life for the citizens, visitors, businesses and government agencies.” FOS conducted a Facility Conditions Assessment including 12 assets and 102,527 square feet that resulted in their long-term capital plans being approved by their City Council.
City of Santa Rosa, Santa Rosa, CAFacility Condition Assessment and Structural / Seismic Evaluations Assessments includes 115 assets and 651,327 square feet across the City of Santa Rosa.
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Amir Rezaei-Bazkiaei
PHD, BPAC
Energy/Emission Reduction
Amir is an engineer and energy data geek. Amir’s numerical simulation approach is complemented by his creative and collaborative approach to team integration. He is known for bringing design ideas to the table as well as simplifying the technical performance data of projects into actionable information for project stakeholders. His professional goal and passion is to help integrate advanced computational methods within the building design process that would accelerate the adoption of net-zero and positive-energy design concepts.
Amir is proficient with multiple energy simulation and design software platforms including: EnergyPlus, OpenStudio, IES-VE, TRNSYS, DesignBuilder, jEplus+EA, GenOpt and SketchUp. Amir is also a guru with Microsoft Excel, creating custom analysis and post-processing solutions. Amir is an active leader in the local ASHRAE chapter, the international building performance simulation association (IBPSA), and is a regular speaker, locally and nationally, on high performance design and advanced energy simulation topics.
EDUCATION
Ph.D, Civil, Structural and Environmental Engineering, State University of New York at Buffalo
B.Sc, Civil Engineering, Sharif University of Technology
Master of Science, Environmental Engineering, Iran University of Science and Technology
CERTIFICATIONS
LEED Green Associate
AFFILIATIONS
American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE)International Building Performance Simulation Association (IBPSA)
RELEVANT EXPERIENCE
City of Greeley, Greeley, COFOS of CannonDesign came onsite and performed a detailed facility condition assessment (FCA), inventorying and analyzing almost 2 million square feet. FOS used our FCA & Capital Planning software platform, FOScore®, to complete the assessment. 137 building level, 5 site level, 1 portfolio level, and various reports were delivered to assist in the proactive management and capital planning for the municipality
Orange County Community Resources, Irvine, CACannonDesign completed a comprehensive Facility Condition Assessment (FCA) of the 1 million sf of assets comprised of the Orange County Zoo, 36 parks and 35 libraries.
City of Denver, Denver, COFOS of CannonDesign has provided on call assessment services for the City of Denver since 2019. Typically these are ADA assessments, due diligence assessments, or pre-design assessments to aid the City in data driven facility planning.
County of San Luis Obispo, San Luis Obispo, CAFOS set out to complete a facility condition assessment over three years for the County of San Luis Obispo to determine the overall condition of the County’s asset portfolio and implement capital planning data integration into existing SAP and management
software.
Availability: 40%
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Description of Proposed Solution
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Description of Proposed Solution
The team at FOS understands that the City requires facility condition assessment (FCA) data that will help
identify current deficiencies, inform and prioritize preventative maintenance measures, forecast long-term capital
needs, and achieve the city’s climate goals. This is what our interdisciplinary team was designed to do. We are
full-time facility condition assessment providers.
FOS provides accurate FCA data derived from a highly developed, nine-step facility condition assessment
process that has been tested at facilities across the country – we present our approach for your evaluation. In
addition to covering FCA planning, on-site facility condition inspection, analysis of FCA information, FCA report
and database preparation, and presentation of findings in a final report & database phase, we facilitate three
important collaborative phases that are necessary to ensure our joint success. Points below shown in orange
indicate collaboration points.
The first step in our process is the orientation session. At the project onset, it is critical that we meet and discuss
the long-term uses of the FCA, work that has been completed to date including previous assessments, and the
stewardship goals of all stakeholders. This orientation becomes an instructive lens that guides the development
of the FCA. The orientation meeting is also typically where we select assets for the pilot assessment program.
Collaboratively, we will identify one or more assets to take through the entire process to test each step and
ensure that the final deliverable meets your requirements and specifications. This allows us to jointly dial into
exactly what the City needs and expects from the FCA deliverables. The pilot is delivered in draft format with a
review period by all City stakeholders. Once the City has reviewed the pilot report and database, we will meet
again for a collaboration session. This is our shared opportunity to discuss data collection detail, prioritization,
categorization, specific recommendations of the assessment team, and other aspects of the scope of work. The
comments and directives of the City will inform the adjustments which, once accepted, will serve as the model
for all other assets.
Our team has built the following process, which augments what the City has requested:
Phase 1: FCA PLANNING (PRE-ASSESSMENT)
Prior to the on-site facility condition assessment, our team, which includes Paul Pokigo (Field Project Manager),
Mario Alcantara (Architectural Assessor), Mark Tittle (Field Project Manager/Architectural Assessor), Bradley
Halvorson (Electrical Assessor), and David Malinowski (Mechanical/Plumbing Assessor), will gather existing
facilities data from the City, including drawings and prior inspection reports, and establish access protocols and
scheduling. We will prepare a project scope summary that documents our purpose, specific scope items, and the
proposed schedule or sequence of assessments.
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PHASE 2: ON-SITE FACILITY CONDITION INSPECTION (SITE SURVEY)
Our team will provide a detailed on-site condition assessment that includes both facilities and infrastructure. The
primary goal of the on-site assessment will be to identify all maintenance, repair, and replacement requirements
with recommendations for upgrades and improvements.
The onsite assessment will allow our team to properly populate the asset inventory, determine maintenance,
renewal, and replacement needs, and appropriately assign a condition prioritization and category as defined by
the City for the capital planning database and documents.
Proper identification of the FCA level of detail is critical to the City’s satisfaction and success of this project.
The industry standard for dialing into the appropriate level of detail is the Construction Specifications Institute
(CSI) UniFormat categorization hierarchy. UniFormat is a classification system ranging from a broad to a detailed
level of building assembly nomenclature. The UniFormat hierarchy catalogs and organizes the major divisions of
construction information separated by their special function. By tailoring the UniFormat level of this project to the
City’s precise needs, we can ensure that this assessment will provide the proper amount of data to inform your
decision making – no more, no less.
In response to the Scope of Work included in the City’s RFP, FOS recommends a UniFormat Level 3/5
components approach assessment. This detailed FCA approach uses a hybrid of UniFormat Levels 3 and 5, where
our team observes the individual components of systems within physical assets. This level of detail is necessary
for preventive maintenance planning tasks. Each component and system record includes recommendations for
addressing deferred maintenance deficiencies or capital renewal/replacement needs and an associated cost
estimate. These actionable assessment records are prioritized by year and may be developed into individual
project plans which may then be bundled into capital plans. This approach calculates a facility condition index
(FCI) and discipline condition index (DCI) for each asset as well as a system condition index (SCI) for each system
or component.
Using this approach, we deliver recommendations and cost estimates for asset deficiencies and renewal/
replacement needs at the individual major system and/or component level as determined by observation. Our
team will use a 10-year assessment scope window to identify future renewal needs of systems and components
nearing the end of their useful remaining life. Component cost estimates are based on individual units of measure
and quantities for each system and component record. System cost estimates may be based on building gross
square feet (BGSF) when a system is deficient, and a grouped repair factor is appropriate.
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System- and component-level deficiencies, if observed, are recorded within a 10-year planning window and
cataloged as systems (UniFormat Level 3) and individual components (UniFormat Level 5) where appropriate. The
systems and components included in this level of assessment include the following items:
1. Site
Utility connections and shut offs at the building, facility entry points, paving systems, walkways, ramps, and
exterior lighting, will be assessed within a 10 foot distance of the building perimeter. Storm water drainage will be
observed and discussed as part of field interviews to understand historic problem areas associated with major
rain events. Underground main and distribution building utilities will require additional information from you to be
included as an assessed item.
2. Structural Systems and Exterior Architecture
Structural frames and building envelopes will be visually evaluated and include exposed foundations both
interior and exterior, exterior wall systems, openings including doors, windows, vents, skylights, storefronts and
curtainwalls, cladding wall and roofing systems, balconies, staircases, basements, and walkable tunnels. Crawl
spaces will be observed but not entered. Seismic evaluations are not included in this assessment.
3. Interior Architecture
Interior architectural elements and finished spaces, including lobbies, corridors, assembly areas, classrooms,
and restrooms, will be assessed. Within these spaces, the condition of floors, walls, ceilings, doors, and finishes
will be assessed and catalogued in UniFormat. Isolated cosmetic and routine maintenance items will not be the
focus of the assessment, and opinions of probable cost will not be determined for these items.
4. Mechanical Systems
Mechanical systems and equipment, including basic heat generation and distribution systems, steam service
entrance, condensate piping, pressure reducing station, meters, valves, and controls, will be identified and
assessed.
5. Air Conditioning and Ventilation Systems
Air conditioning and ventilation systems, including chillers, cooling towers, air handlers, split systems, package
units, etc., will be assessed. Chilled water service entrance, including supply and return piping, meters, and
valves, will be assessed. Building automation system controls, building management systems, and component
equipment will be observed.
6. Electrical Systems
Electrical systems and equipment distribution panels, transformers, meters, emergency generators, lighting
systems, and emergency systems will be assessed.
7. Plumbing Systems
Plumbing systems, including exposed piping, domestic hot water production equipment, and other equipment
or fixtures, will be assessed. Piping concealed within walls will be assigned the same condition rating as the
exposed, adjacent piping unless alternate information is provided during the pre-assessment phase.
8. Life Safety/Fire Protection Systems
Life safety and fire protection systems and equipment, including sprinklers and standpipes, fire alarm systems,
smoke detectors, and emergency lighting, will be assessed.
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9. General ADA Compliance
A high-level tier II ADA assessment focused on access barriers, including site accessibility, access to building
products and services, restrooms, and communication features will be conducted. Only a visual identification
and documentation of items that appear to be noncompliant will be performed. The purpose of this assessment
is to identify areas of risk related to accessibility. It is not intended to be a legal compliance review or full
evaluation of Federal ADA standards. Measurements and calculations will not be performed.
10. Communication and Access Control Systems
Telecommunication systems and equipment, including data communication, voice communication, audio/visual
communication, distributed communication and monitoring, and supplementary components, will be assessed.
Access control and intrusion detection, electronic surveillance, detection and alarm, electronic monitoring,
control, and safety/security supplementary components will also be assessed.
PHASE 3: ANALYSIS OF FACILITY CONDITION ASSESSMENT INFORMATION
Our team will evaluate the data we collected from the condition assessment to determine trends, comparisons,
and potential correction strategies. We will provide an expanded evaluation to transform the raw data into
strategic information sets. Specific reports that will be provided include:
FCI = Deferred Maintenance Deficiencies (DMD) / Current Replacement Value (CRV)
Our team will utilize the life cycle analysis process to develop the above component renewal costs. We provide
strategic repair and replacement recommendations for each component. We review every major piece of
equipment and their components to ensure a complete understanding of the overall system and provide
targeted scopes of work to extend the life of the asset.
We do not simply provide ‘age-based assessments’ based on published standards. This approach often leads
to the recommendation for unnecessary replacements of systems that are in good condition, or impractical
to replace, solely on their installation date without regard to maintenance practices, installation, or field
conditions. Typically, this age-based approach swells the indicated investment requirement and fails to direct
capital to where it is truly needed. We understand that a facility’s useful life is limited by the durability of its
systems and generally does not fail as a whole but as individual components or systems. Building components
will be evaluated based on their individual life cycles, determined by an on-site evaluation of the age and
observed condition.
The renewal cost for the components will be documented and identified by renewal year as we assign priority
and category. Our team will report the life-cycle costs at the component level and building level and will
provide a grand total for the City’s entire portfolio.
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Section C Description of Proposed Solution
City of Bozeman | 28
DEFICIENCY PRIORITIZATION
Within our assessment data collection software, deficiencies are prioritized based on observed remaining life,
deficiency category, risk of failure, and impact of failure. These determinations are a result of professional
recommendations made by our assessment teams. Our default and industry-best practice prioritization schedule
is based on ASTM E2018-15 - Guide for Property Condition Assessments.
DEFICIENCY CATEGORIZATION
Within our assessment data collection software, deficiencies are categorized based on their current observed
condition. There is an extensive list of categories that can be customized to the needs of each client. The list of
priorities included in the City’s RFP (e.g. energy efficiency, deferred maintenance, etc.) will be implemented into
the platform to ensure proper and consistent collection.
PHASE 4: FCA REPORT & DATABASE PREPARATION
Using the data collected during the on-site facility condition assessment and analysis phase, our team will
provide a complete and comprehensive set of narrative reports as well as a Microsoft Excel database for all the
City facilities studied. The Excel database deliverable is made possible through FOScore, the digital collection
tool we developed and use to make our assessments consistent and accurate across large, diverse portfolios.
This tool affords us complete configurability over the database deliverable we will provide for the City. All aspects
of the collection and reporting tool will be configured prior to executing field assessment work to ensure that the
final deliverables to the City capture the needs and intent of this project. The condition assessment written report
and database package will contain the following components:
An Excel spreadsheet briefly summarizing each buildings’ systems and condition
We will work with City staff to ensure the deliverable integrates existing facilities
management system hierarchies and naming conventions
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Section C Description of Proposed Solution
City of Bozeman | 29
An Excel list of each building’ s current deficiencies requiring repairs, including:
Rough order of magnitude estimates for repairs
Rough order of magnitude estimate for complete replacement of each building
An Excel list of each building’s systems lifespans and replacement schedules, including:
Expected remaining lifespans of major building systems
Rough order of magnitude estimates for system replacements
Digital photograph library for each building and its systems in JPG format and organized by major
discipline.
A plan and/or schedule of regular preventative maintenance needs for each building. Tasks and
frequencies will be by unit type and reflect best practices. Manufacturer research or ‘by unit’ scheduling
is possible, but not included in this proposal.
PHASE 5: PRESENTATION FINDINGS FINAL REPORT & DATABASE
We will present these FCA findings through reports, graphs, and charts in PDF format as well as in Microsoft
Excel for future use and modification by the City.
This is a fully customizable report and is provided for discussion purposes. We have the in-house data
visualization and reporting staff to tailor this report to meet the exact needs of the City. The charts and graphs
will provide a visual representation of the condition assessment data to assist City leadership in understanding
the scope and allocation categories of the funding needs. These findings will be presented at the citywide and
individual asset level.
Cost Estimating
FOS utilizes our own in-house cost estimating resources. We do not use published national cost estimating books
or databases; these costs can be overly generalized and lack sufficient insight to build projects and capital plans.
Our in-house cost estimating team performs $4 billion in cost estimates every year and has a less than a 3%
margin of error over the last ten years using Sage Timberline as their platform. Our live cost database is built
from ongoing construction work around the country, our contractor relationships, market rate and cost analysis,
multiple bid scenarios and change orders post award. Because we are designers and builders, we hold ourselves
to a higher level of accuracy.
Energy
Our base assessment will identify known items that have a potential for energy improvement to support the
city’s planning for energy efficiency improvement projects. This is a high-level approach that could lead to more
detailed studies such as ASHRAE energy audits.
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Section C Description of Proposed Solution
City of Bozeman | 30
Added-Value Option: ASHRAE Energy Audits
FOS’s experienced and licensed team of facilities professionals and sustainability specialists perform facility
energy audits to identify reduction opportunities and create a framework for strategic planning of related capital
improvements. We utilize energy audits developed by the American Society of Heating, Refrigerating, and Air-
Conditioning Engineers (ASHRAE) for auditing commercial building energy use based on industry best practices.
These energy audits are industry-standard guidelines that we use to collect widely accepted and consistent data
with an adaptable scope, and we tailor each energy audit to meet individual client goals.
Added-Value Option: Equipment Asset Tagging
Purpose: As an added value component of a UniFormat Level 3/5 Hybrid facility condition assessment, our
team can create a comprehensive asset inventory with QR code/barcode/numerical code tagging. This inventory
identifies fixed capital equipment, catalogs information about that equipment, and tags each asset for field
identification and point of use access through QR code or Type 39 barcode. Information is collected and
warehoused in the FOScore® platform and may be exported to Excel or integrated or uploaded into CityWorks.
Process: We can create and deliver custom tags for application on your equipment and include any other
necessary details such as a barcode for linking to your work management system. QR Code labels can also be
customized to include client-defined data field information such as client name, unique starting number, client
logo, and be delivered on multiple materials, durability levels and adhesives to meet specific requirements. Our
standard label is an extreme performance polyester medium with high-tack permanent acrylic adhesive. Printed
using an abrasion and solvent resistant resin, our tags are suitable for demanding environments where ultraviolet
light, chemicals, abrasion, and weathering are a factor.
Asset tag number information can be transferrable via a Microsoft Excel or SQL file to any of your associated
software including work management, GIS, BIM. The FOS software development team has created a state-of-
the-art dynamic application that would allow the City to have the capability at their fingertips to retrieve facility
data by simply scanning the affixed tag on their mobile device. This allows a dynamic solution for retrieving all
data collected on a specific asset that is stored in the assessment record and helps develop a framework for
preventative and predictive maintenance planning.
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D
Proposed Schedule
105
Section D Proposed Schedule
City of Bozeman | 32
Proposed Schedule
Based on FOS’ significant experience performing FCAs, we estimate the entire length of this FCA project to be 12
weeks. This may seem aggressive at first glance, but this is the type of work that this team was designed to do
and perform on a full-time basis.
The four-member assessment team will spend one week in the field, collecting data at the system and
component level. They will each spend an additional 2-3 in the office producing recommendations and
coordinating with our cost estimators. The team will work to align our findings with our understanding of the city
work requirements and review documents and materials provided by the City and on analysis following the site
survey. Approximately three weeks will be spent on cost estimation, utilizing the data collected in the field to
determine rough order of magnitude estimates for repairs and building replacement. This will be followed by a
rigorous QA/QC process.
One asset, the pilot assessment, will be provided in full ahead of delivery of the remaining eleven assets. This will
allow the City to review the findings and to ensure that the data can be imported into CityWorks.
Generally, a team of four can field assess a single 100,000 SF asset in one day. Smaller assets present their
own challenge as a limited number of buildings can be assessed in one day. The amount of time to document
the assets varies on the level of detail that is required and varies on a client-to-client basis. Each year, our teams
assess approximately 100 million square feet of assets.
106
E
Related Experience
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Section E Related Experience
City of Bozeman | 34
REFERENCE CONTACT INFORMATION:Will Jones Public Works Deputy Director 970.350.9751 will.jones@greeleygov.com
Relevant Experience
Facility Condition Assessment
PROJECT DATES:8/2020
PROJECT SIZE:2 million sf 137 buildings
LOCATION:Greeley, CO
City of Greeley
The City of Greeley in Colorado set out to conduct
a facilities assessment across all City owned
facilities, identifying not only the current state of
physical assets, but also determine operations
and maintenance funding levels to better promote
effectiveness, efficiency, stewardship of public
resources, and adaptability to future challenges.
FOS of CannonDesign came onsite and performed
a detailed facility condition assessment (FCA),
inventorying and analyzing almost 2 million square
feet. We identified current facility condition
deficiencies, recommended corrections along with
cost estimates, and forecasted future capital renewal
cost. FOS used our FCA & Capital Planning software
platform, FOScore®, to complete the assessment. 137
building level, 5 site level, 1 portfolio level, and various
reports were delivered to assist in the proactive
management and capital planning for the municipality.
After the project closeout, we asked our partners
at the City if they found the data that was delivered
useful, if they were satisfied with the team who
performed the work, if they found value in the services
provided, and if they would recommend FOS to
another organization. We were met with a resounding
“yes” to all questions.
Scan the QR code above to catch a webinar we did
for NASFA (National Association of State Facilities
Administrators) showcasing our work with the City of
Greeley. We discuss how a combination facility condition
assessment (FCA), space need assessment, and master
planning can help vastly different organizations make
better decisions. Learn how to ask for what you need –
ultimately optimizing your physical assets!
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Section E Related Experience
City of Bozeman | 35
The FOS of CannonDesign team completed a comprehensive facility condition assessment and energy study for Orange County Community Resources. 35 library sites were assessed for condition and energy conservation measures. 259 park assets including restrooms, pavilion structures, sports fields and courts, playgrounds, and pedestrian bridges were assessed. Systems assessed for all buildings in scope included exteriors, interiors, roofs, structure, electrical distribution, HVAC, plumbing, fire protection, and information technology. The project deliverables provided a short and long-term planning tool for informing capital plans for capital renewal as well as strategies for implementing more efficient systems that reduce environmental impact while saving operating costs. Orange County Community Resources has continued to benefit from FOS’ findings by utilizing our FOScore® software since 2019.
The vision of Orange County Parks states,
“As a team, we will take pride fulfilling the needs of our community
and guests by providing the best parks, trails, and recreation.”
FOS is committed to deeply understanding our clients - the culture,
mission, people, business goals, and more - so that our solutions
elevate and empower you in every way.
PROJECT DATES:2018
PROJECT SIZE:1 million sf 71 sites
LOCATION:Orange County, CA
REFERENCE CONTACT INFORMATION:Cecelia Varela Capital Improvement Planning Manager 714.973.6876 cecelia.varela@ocparks.com
Relevant ExperienceFacility Condition Assessment
Orange County Community Resources
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Section E Related Experience
City of Bozeman | 36
Relevant ExperienceFacilities Assessment & Master Plan
City of Urbana
This project involved three distinct phases. The FOS
team led Phase 1 which included a facility condition
assessment. Phase 2 was led by CannonDesign’s
workplace strategy team, BlueCottage. Lastly, Phase
3 (Master Planning Recommendations) was continued
by this entire team.
The City of Urbana’s mayor, administrator, and
facilities leader are very happy with our work, and
appreciated the seamless execution that resulted in
their long term capital plans being approved by the
City Council without any reservations. The City needed
our help, they placed their trust in us, and it is our
greatest achievement to see our work directly being
applied and serving their community!
Today’s municipal facilities should be functional
environments where capital improvement plans are
ever-present. As a team of experienced assessors,
the technical skills we bring to projects help us fuel
our clients to manage effective spaces for their
people. The City of Urbana’s progressive values
include civic engagement, celebrating entrepreneurs
and innovators, smart growth, and transparent
governance. Their mission, to preserve “the quality
of life for the citizens, visitors, businesses and
government agencies,” guided our capital asset
planning and management system while shaping our
recommendations for repair and maintenance funds
as well as the master plan as a whole.
REFERENCE CONTACT INFORMATION:Vince Gustafson Deputy Director of Operations 217.384.2342 vhgustafson@urbanaillinois.us
PROJECT DATES:2020
LOCATION:Urbana, IL
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Section E Related Experience
City of Bozeman | 37
Relevant Experience
Facility Condition Assessment, Capital Improvement Planning, Asset Tagging & Geo Tagging
County of San Luis Obispo
FOS set out to complete a facility condition
assessment over three years for the County of San
Luis Obispo to determine the overall condition of
the County’s asset portfolio and implement capital
planning data integration into existing SAP and
management software. This portfolio included exterior
and interior architecture, electrical, mechanical,
plumbing, communication, vertical transportation,
and park amenities. Our facilities assessment
professionals evaluated the condition of the systems
using a Uniformat® level 3 and 5, the industry-standard
for collecting system-based deferred maintenance and
capital renewal projects along with an asset inventory,
data integration, and predictive maintenance planning.
Despite travel restrictions put into place due to the
ongoing global pandemic, our team has been able to
seamlessly work in partnership with the County to
complete the assessment of over 1.4 million square
feet. We are also geo locating amenities at the County-
owned parks to provide GPS coordinates for the
various amenities.
To assist in accomplishing this project, we are
conducting asset tagging utilizing our FOScore® FCA
software. The County has subscribed to FOScore® for
the next 5 years.
“This is a very detailed assessment of County
facilities, and the client has been impressed with our
ability to customize the data we collect to fit their
needs.”
- Randy Heim, FOS Senior Project Manager
REFERENCE CONTACT INFORMATION:Shelby Hopkins Program Manager 808.788.2315 shopkins@co.slo.ca.us
PROJECT DATES:March 2021 - Present
PROJECT SIZE:1.4 million sf
LOCATION:California
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112
F
Recent & Current Work for the City of Bozeman
113
Section F Recent & Current Work for the City of Bozeman
City of Bozeman | 40
Recent & Current Work for the City of Bozeman
FOS of CannonDesign has no active or past contracts with the City of Bozeman.
Our business model, as a facility condition assessment provider, is to provide FCA data and populate CMMS systems to empower our clients with the information and tools to make strategic and financially prudent decisions.
FOS of CannonDesign helps clients define budgets and build scopes of work for projects. We provide the information and tools for our clients to make strategic decisions and then partner with trusted local partners to execute the work. We do not pursue the work that comes out of these studies because we recognize the value to our clients of having an independent third party review. We will not pursue any deferred maintenance deficiency correction work resulting from this study.
Additionally, please note that Cannon Design has reviewed your Request for Proposals. Should we be selected for this project, we look forward to discussing certain contractual terms for the mutual benefit and protection of the City and FOS. By making such terms mutually beneficial, the project may realize certain process efficiencies, while also ensuring the insurability of the final agreement. Thank you for your consideration in this important matter and we look forward to the opportunity to work with you.
114
G
References
115
Section G References
City of Bozeman | 42
References
City of Greeley Public Works Deputy Director
Will Jones
970.350.9751
will.jones@greelygov.com
City of Urbana Deputy Director of Operations
Vince Gustafson
217.384.2380
vhgustafson@urbanaillinois.us
County of San Luis Obispo Program Manager
Shelby Hopkins
808.788.2315
shopkins@co.slo.ca.us
116
H
Cost Proposal
117
Section H Cost Proposal
City of Bozeman | 44
Cost Proposal
We believe that the tasks identified in the following table meet the deliverables as outlined by the City of
Bozeman.
An excel workbook that:
A. Summarizes each buildings systems and condition using City hierarchies and nomenclature
B. Includes prioritized deficiencies, ROM repair costs, and current replacement values (CRV)
C. Catalog of each systems anticipated observed remaining life, replacement schedules, and costs
Additionally we will provide:
D. A photo record for each asset organized by major discipline.
E. An excel workbook with preventative maintained tasks and steps formatted for upload into CityWorks
F. One free year of software use
1 Provide a Uniformat Level 3 and 5 facility condition assessment with
correction cost estimates. Format excel deliverables formatted for import
into CityWorks for the 12 priority assets.
$119,385
2 Provide preventative maintenance planning for up to 500 pieces of
equipment. Frequencies and steps will be best practices and will be
equipment type based. No manufacturer research or unit based PM’s will
be provided. Additional equipment can be added at a cost of $175 per piece
of equipment.
$78,750
3 Added value: Provide asset tags for up to 500 pieces of equipment. Tags
will have bar code, QR code and unique numerical code to identify each
item in CityWorks.
$41,055
This is based on our understanding of the scope from the RFP and answers to questions. We welcome
the opportunity to review our assumptions and tailor the final product to the specific needs and goals of
the City of Bozeman. Simply put, our fees are negotiable.
Notes:
1. All deliverables will be provided in PDF and Excel format
2. No requests for reimbursable expenses will be requested. Fees are inclusive of all costs.
Clarifications:
No review of food service equipment or furniture is included. Destructive testing, sample analysis,
hazardous material, thermal imaging, arc flash testing, life safety analysis, legal compliance level of
detail ADA accessibility, or above ceiling survey is not included in the above proposal. Additionally, our
field engineers will not climb portable ladders, walk sloped roofs, or enter entry permit required confined
spaces. No review of parking structures, underground site utilities, underground civil infrastructure, or
landscaping is included.
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I
Affirmation of Nondiscrimination
119
Section I Affirmation of Nondiscrimination
City of Bozeman | 46
Appendix A
NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
FOS of CannonDesign hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age,
marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability
and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as
described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’ s
employees and to all subcontracts.
In addition, FOS of CannonDesign hereby affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “ best practices” website, or equivalent “ best practices publication and has read the material.
Founder & President-
FOS of CannonDesign
120
Chat with our team!
Joe Cassata, RA, NCARB
President, FOS of CannonDesign
716.316.5664
jcassata@foscd.com
www.foscd.com
121
4.19.22
An excel workbook that:
A. Summarizes each buildings systems and condition using City hierarchies and nomenclature
B. Includes prioritized deficiencies, ROM repair costs, and current replacement values (CRV)
C. Catalog of each systems anticipated observed remaining life, replacement schedules, and costs
Additionally we will provide:
D. A photo record for each asset organized by major discipline.
E. An excel workbook with preventative maintained tasks and steps formatted for upload into CityWorks
1
Provide a Uniformat Level 3 and 5 facility condition assessment with correction
cost estimates. Format excel deliverables formatted for import into CityWorks
for 14 initial assets.151,305$
2
Provide asset tags for up to 300 pieces of equipment. Tags will have bar code,
QR code and unique numerical code to identify each item in CityWorks.
Additional tags can be provided at a cost of $100 per piece of equipment. Data
will be collected to support future preventative maintenance planning tasks.
25,806$
177,111$
Notes:
1. All deliverables will be provided in PDF and Excel format
2. No requests for reimbursable expenses will be requested. Fees are inclusive of all costs.
3 Provide 3-year subscription to FOScore® software (year one is a free trial)$30,000
4 Provide 5-year subscription to FOScore® software (year one is a free trial)$45,000
5
Provide preventative maintenance planning for up to 300 pieces of equipment.
Frequencies and steps will be best practices and will be equipment type based.
No manufacturer research or unit based PM's will be provided. Additional
equipment can be added at a cost of $175 per piece of equipment.49,500$
6
Provide a Uniformat Level 3 and 5 facility condition assessment with correction
cost estimates. Format excel deliverables formatted for import into CityWorks
for the remaining 140 assets.
negotiated sum
7 Provide Job Order Contracting (JOC) rapid construction procurement software
and support.negotiated sum
FEE MENU
Clarifications:
No review of food service equipment or furniture is included. Destructive testing, sample analysis,
hazardous material, thermal imaging, arc flash testing, life safety analysis, legal compliance level of
detail ADA accessibility, or above ceiling survey is not included in the above proposal. Additionally, our
field engineers will not climb portable ladders, walk sloped roofs, or enter entry permit required confined
spaces. No review of parking structures, underground site utilities, underground civil infrastructure, or
landscaping is included.
Future Phases:
We believe that the tasks identified in the following table meet the deliverables as outlined by the City of
Bozeman.
* Items 3 and 4 related to FOScore® software subscription options are not part of this contract and will fall
under the repective EULA and order form.122
Memorandum
REPORT TO:City Commission
FROM:David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Task Order 3 with Baker Tilly Municipal
Advisors for Financial Feasibility and Needs Analysis on Tax Increment
Financing Assistance Request from Charter Realty and Development
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Task Order 3 with Baker Tilly Municipal
Advisors for Financial Feasibility and Needs Analysis on Tax Increment
Financing Assistance Request from Charter Realty and Development.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The City of Bozeman received a request for TIF assistance from Charter
Realty and Development for the proposed construction of two office
buildings and related public infrastructure within the South Bozeman
Technology District. The Developer has indicated there is a financial gap
based on the current project scope to support the costs of infrastructure and
tax increment financing could be a tool to assist with closing a gap.
Baker Tilly is currently under contract with the City to advise staff on
financial matters related to TIF assistance. Services specific to this request
for TIF assistance are outlined in the attached scope of work
UNRESOLVED ISSUES:None at this time.
ALTERNATIVES:At the recommendation of the City Commission.
FISCAL EFFECTS:The work as described will be completed with an estimated fee in the range
of $5,250-$6,900 which is available in the Economic Development
Department budget.
Attachments:
Task Order 3.pdf
Bozeman Proposed MSUIC TIF Project Financial Needs
Analysis Scope of Work 041922.pdf
123
Report compiled on: April 19, 2022
124
City of Bozeman Term Contract
Housing and Economic Development Project Financial Analysis and Related Services
Task Order 3
PROJECT: Housing and Economic Development Project Financial Analysis and Related Services – Financial Feasibility and Needs Analysis – Charter Reality and Development
Issued under the authority of Urban Renewal District Term Contract Professional
Services Agreement with Baker Tilly Municipal Advisors, LLC for Housing and Economic Development Project Financial Analysis and Related Services. This Task Order is dated May 3, 2022 between the City of Bozeman and Baker Tilly
Municipal Advisors (Contractor).
The following representatives have been designated for the work performed under this Task Order:
City: David Fine, Urban Renewal Program Manager
Contractor: Mikaela Huot, Baker Tilly Municipal Advisors, LLC SCOPE OF WORK: The scope for this task order is for work on housing and economic
development financial analysis and related services as request by the City as described
in the attached scope of work requested. COMPENSATION: Baker Tilly Municipal Advisors, LLC will bill for its services based on the attached scope of work and rate sheet previously provided.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties have executed this Task Order:
City of Bozeman Baker Tilly Municipal Advisors, LLC
Jeff Mihelich, City Manager Mikaela Huot, Director
125
1
Scope of Work South Bozeman Technology District TIF Assistance Request
City of Bozeman, Montana Financial Feasibility and Needs Analysis April 2022 The City of Bozeman (the “City”) received a request for TIF assistance within the South Bozeman Technology District related to the proposed construction of 2 office buildings and related public infrastructure. The Developer has indicated there is a financial gap based on the current project scope to support the costs of infrastructure and tax increment financing could be a tool to assist with closing a gap. The purpose of this document is to outline a scope of work, estimated fee and time frame for completion. Baker Tilly’s proposed scope of work includes the following activities: Phase 1: Preliminary Revenue Projections and Financial Feasibility Objectives
To prepare preliminary tax increment revenue projections based on developer provided information
To provide initial project financial feasibility
Analysis 1) Preparation of tax increment revenues
a. Review developer-supplied information for reasonableness b. Forecast the projected tax increment revenues to be generated over the life of the district based on those assumptions
i. Developer provided total development costs and project assumptions ii. Tested against available comparable-type developments iii. Estimated range of available revenues based on valuations c. Financial Feasibility Review i. Assess the sufficiency of tax increment revenues to support costs Deliverable
Summary of preliminary revenue projections and initial feasibility
Preliminary financial feasibility analysis
126
2
Phase 2: Financial Review and Needs Analysis and Development Agreement Objectives
To review and analyze the request for assistance as related to the proposed development project to determine necessity and appropriateness
To assist in negotiations of the development agreement, as applicable
To provide draft term sheet Analysis 1) Financial Feasibility Review a. Suggest alternative assumptions and provide sensitivity analysis b. Assess the sufficiency of the tax increment revenues to support costs with considerations for timing of bond issuance to provide financial support
c. Prepare cash flow analysis based on sensitivity analysis 2) Financial Needs (But For) Analysis a. Review developer information and comment on the reasonableness of
assumptions i. Suggest alternative assumptions and provide sensitivity analysis as necessary
b. Complete a rate of return calculation i. Cash-on-Cash Return ii. Internal Rate of Return iii. Identify alternative assumptions if appropriate iv. Recalculate the return with alternative assumptions, as necessary v. Define appropriate level of assistance based on developer’s rate of return c. Compare developer rate of return to the “market” return for similar projects, comment on reasonableness of return considering type of project, current market and developer at risk equity d. Complete sensitivity analysis with respect to developer return and need for assistance (as appropriate)
3) Development Agreement Negotiations a. Provide proposed business points between the City and the developer in conjunction with City staff b. Assist City staff with review of developer request as it relates to business points for the development agreement to maximize redevelopment and maintain City security – including:
i. Pay as You Go Financing shifts financing risk from City to developer ii. Look Back Provisions to verify actual returns to projected returns following project commencement iii. Claw Back Provisions to ensure developer proceeds as proposed c. Assist in negotiation of the development agreement, and prepare financing exhibits as necessary Deliverable
Financial analysis with determination of need for public assistance
Preliminary term sheet with recommended public assistance amounts Compensation The work as described will be completed with an estimated fee in the range of $5,250 - $6,900. Excluded from the fee indicated above is any out-of-pocket expenses such as travel, copies, faxes, conference calls, or other expenses necessary to complete the project. Additional work
127
3
requested and authorized by the City outside the scope of services described in this proposal will be invoiced at our standard hourly rates.
Completion Date
Upon full receipt of the requested information, Baker Tilly will complete Phase 1 of the above work processes and outcomes within 1-2 weeks, subject to receipt of all information. The remaining phases and steps of analysis will be subject to outcomes of Phase 1 and timing
needs of both the City and developer. We will be successful in meeting the requested time frames for completion recognizing it is highly dependent on the timing and completeness of the information received. A delay in receipt of critical material may result in an extension of the completion date.
Sincerely,
Mikaela Huot, Director
Signature Section:
The services and terms as set forth in this Scope Appendix are agreed to on behalf of the Client by:
City of Bozeman
Name: _____________________________
Title: ______________________________
Date: ______________________________
128
4
Financial Feasibility Review: Additional Details for Financial Analysis Project Details
• To include commercial office building square footage, etc.
• To include cost of construction for each development type
• To include information for any commercial, civic or other uses
• To include site improvement and public infrastructure costs
• To include detailed breakdown of all costs Project Phasing
• To include commencement and completion for each building construction, or each site improvement, or public infrastructure
• To include date for sale of unit or lease of unit, occupancy start and full occupancy, etc. Project Financing
• To include development of complete sources and uses of funds
• To include detail on bank financing, i.e., principal, term, rate
• To include equity amount and timing of equity in project
• To include take-out source of bank financing for construction period, if applicable
• To include letters of commitment or interest from financial institutions
• To include amount of public financing request, and form of request, i.e., bonds, pay-go-note, etc.
• To include gap amount to match public financing request (all equity and private sources are insufficient to pay all costs)
• To include description of and rationale behind proposed governmental financial assistance Public Financing Revenue Assumptions
• To include estimated assessed value per type of construction
• To include sales per s.f. estimates (if applicable)
• To include any growth assumptions Project Operation
• To include operating assumptions, etc.
• To include revenue and expense assumptions and increases
• To include reserve assumptions (capital, operating, etc.)
• To include rent and/or sale assumptions
• To include lease commission, sales commission assumptions
• To include complete operating pro-forma calculating internal rate of return with and without requested financial assistance
• To include sale assumptions in appropriate future year (10 or 15), including capitalization rate
• To include proposed tenants, job and wage information General Information/Assumptions
• Provide sources of data used in any of the above
129
Memorandum
REPORT TO:City Commission
FROM:Taylor Chambers, Deputy City Clerk
Mike Maas, City Clerk
Jeff Mihelich, City Manager
SUBJECT:Authorize the City Manager to Sign a Fourth Amendment to the Granicus
Service Agreement for Upgrades to High Definition Streaming
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize the City Manager to Sign a Fourth Amendment to the Granicus
Service Agreement for Upgrades to High Definition Streaming
STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver
information to the community and our partners.
BACKGROUND:At the time of the original agreement for streaming services, the limiting
factor in the quality of streaming services was standard definition cameras
and switching equipment. Recent additional equipment upgrades have now
left the Granicus streaming appliance as the last remaining impediment to
high definition streaming. This agreement amendment will provide for both
the physical hardware and the software required to stream in high
definition.
UNRESOLVED ISSUES:None identified
ALTERNATIVES:As per the Commission
FISCAL EFFECTS:Previous subscription costs will be prorated and credited to the cost of the
new appliance and software. The vendor indicates that if the agreement is
signed on May 10, the total change results in a total increase of $5,508.55.
This amount is authorized in current budget allocations.
Attachments:
4th Amendment to Granicus Service Agreement.pdf
Report compiled on: April 19, 2022
130
408 Saint Peter Street, Suite 600 Amendment
Saint Paul, MN 55102 Prepared for
United States Bozeman, MT
Order #: Q-179458
Prepared: 04/15/2022 Page 1 of 10
Fourth Amendment to the Granicus Service Agreement between Granicus, LLC
and Bozeman, MT
This Fourth Amendment to the Granicus, LLC Service Agreement is effective on the date this document is signed and
entered into by and between Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus (hereinafter
referred to as "Granicus"), and Bozeman, MT (hereinafter referred to as "Client"), with reference to the following:
WHEREAS, the Client and Granicus entered into an Agreement effective 02/25/2019 (the "Agreement"); and
WHEREAS, in addition to Client's existing solution, Client wishes to add certain products and services as detailed in Q-179458, which is attached as Exhibit A and incorporated herein by reference; and
NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows:
1. Compensation shall be amended to include the fees detailed in Exhibit A. Exhibit A is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of the Client
to provide applicable exemption certificate(s).
2. ClearCaster Terms & Conditions attached to Exhibit A - Q-179458 are incorporated herein by reference.
3. Except as amended by this Fourth Amendment, all other terms and conditions of the Agreement shall remain
in full force and effect.
4. In the event of any inconsistency between the provisions of this Fourth Amendment and the documents comprising the Agreement, the provisions of this Fourth Amendment shall prevail.
IN WITNESS WHEREOF, the parties have caused this Fourth Amendment to be executed by their duly authorized representatives.
Agreement and Acceptance
By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned
also understands the services and terms.
Bozeman, MT Granicus
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
131
408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Exhibit A
Saint Paul, MN 55102 Prepared for
United States Bozeman, MT
Order #: Q-179458
Prepared: 04/15/2022 Page 2 of 10
Exhibit A
ORDER DETAILS
Prepared By: Emery Henschel
Phone: 720-575-6139
Email: emery.henschel@granicus.com
Order #: Q-179458
Prepared On: 04/15/2022
Expires On: 05/22/2022
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of
performance.)
ORDER TERMS
Current Billing Term End Date:
02/24/2023
132
Exhibit A Bozeman, MT
Order #: Q-179458
Prepared: 04/15/2022 Page 3 of 10
PRICING SUMMARY
The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal.
Terminating Subscriptions
Solution Quantity/Unit Prior Annual Fee
Government Transparency Suite 0 Each $5,945.56
Granicus Encoding Appliance Software (GT) 0 Each $1,389.15
SUBTOTAL: $7,334.71
Upon the signing of this Agreement, annual fees for the terminating subscription(s) shall cease. Any pre-paid fees for the terminating subscription(s) after the signing of this Agreement will be prorated from the signing of
this Agreement to the end of the Client's then-current billing term, credited, and such credit applied to the
annual fees for new subscriptions.
Client will continue to have access to and use the terminating solution until the new subscription(s) is/are
deployed. Upon the deployment of Client's new solution as determined at Granicus' sole discretion, Granicus
shall remove access to the Client's terminating subscription(s).
One-Time Fees
Solution Billing Frequency Quantity/Unit One-Time Fee
GovMeetings Live Cast SetUp and Config Up Front 1 Each $0.00
Encoding Appliance HDW - WOWZA ClearCaster Upon Delivery 1 Each $2,950.00
Granicus Video - Online Training Upon Delivery 2 Hours $450.00
Granicus ClearCaster Setup and
Configuration Up Front 1 Each $875.00
US Shipping Charge C - Large Item Upon Delivery 1 Each $125.00
SUBTOTAL: $4,400.00
New Subscription Fees
Solution Billing Frequency Quantity/Unit Annual Fee
GovMeetings Live Cast Annual 1 Each $6,536.00
Granicus ClearCaster Software Annual 1 Each $2,200.00
SUBTOTAL: $8,736.00
Please note, annual fees for new subscriptions will be prorated to align to Client's then-current billing term. Exceptions include Recurring Captioning Services, SMS, and Targeted Messages.
133
Exhibit A Bozeman, MT
Order #: Q-179458
Prepared: 04/15/2022 Page 4 of 10
FUTURE YEAR PRICING
Solution(s) Period of Performance
Year 2
Recurring Captioning Services $28,663.78
Open Platform Suite $0.00
Meeting Efficiency Suite $0.00
Peak Agenda Management $9,546.59
iLegislate $0.00
GovMeetings Live Cast $6,862.80
Granicus ClearCaster Software $2,310.00
SUBTOTAL: $47,383.17
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Bozeman, MT
Order #: Q-179458
Prepared: 04/15/2022 Page 5 of 10
PRODUCT DESCRIPTIONS
Solution Description
Recurring Captioning Services
Live closed captioning.
• All Meetings will incur one hour minimum. • Cancellations within 24 hrs. will be charged 1 hour minimum.
• Caption reservations should be reserved two weeks in advance. Jobs
with little notice may not be guaranteed coverage, 24 hours as an absolute minimum.
• Real Time Captions are provided at an 98% accuracy readability rating
• Recurring Caption hours not used in the period of performance will not
carry over to the following year.
Open Platform Suite
Open Platform is access to MediaManager, upload of archives, ability to
post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage.
Meeting Efficiency Suite
Meeting Efficiency is a hybrid Software-as-a-Service (SaaS) and Hardware-as-a-Service (HaaS) solution that enables government organizations to
simplify the in-meeting management and post-meeting minutes creation
processes of the clerk’s office. By leveraging this solution, the client will be
able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During
a meeting, use LiveManager to record roll calls, motions, votes, notes, and
speakers, all indexed with video. Use the index points to quickly edit minutes, templates to format in Microsoft Word, and publish online with the click of a button. Meeting Efficiency includes:
• Unlimited user accounts
• Unlimited meeting bodies
• Unlimited storage of minutes documents
• Access to the LiveManager software application for recording
information during meetings
• Access to the Word Add-in software component for minutes formatting in MS Word if desired
• Up to one (1) MS Word minutes template (additional templates can
be purchased if needed)
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Bozeman, MT
Order #: Q-179458
Prepared: 04/15/2022 Page 6 of 10
Solution Description
Peak Agenda Management
Peak Agenda Management is a Software-as-a-Service (SaaS) solution that
enables government organizations to simplify the agenda management and minutes recording process of the clerk’s office. Peak Agenda
Management allows clerks to streamline the way they compile and
produce agendas and record minutes for public meetings and includes:
• Unlimited user accounts
• Unlimited meeting bodies and meeting types
• Access to up to one (1) Peak Agenda Management site
iLegislate
iLegislate® enables government officials to review meeting agendas,
supporting documents, and archived videos on any tablet or desktop that supports iOS, Android, Windows, or OS X. iLegislate seamlessly connects all
agenda data to a tablet or desktop, automatically updating it with the
latest information when online, and is available for review when offline.
Elected members and staff can review agendas and PDF attachments, and bookmark items of interest, while offline (currently tablet only).
Changes are automatically backed up to the Granicus cloud when an
internet connection is established. iLegislate includes:
• Automated updates through desktop application
• Ability to download agendas
• Annotations
• Cloud stored data
• Ability to utilize on IOS, Android, Windows, and Mac OSX
• eComment integration (if jurisdiction also has eComment)
• Upload of upcoming agendas
• Convenient access to meeting agendas and supporting
documents
• Review agendas and attachments offline and on-the-go
• Review indexed, archived meeting videos
• Public opinion placed at elected officials’ fingertips
GovMeetings Live Cast
govMeetings LiveCast provides the ability to manage public meetings
from anywhere, on almost any device using cloud based software and a
Granicus ClearCaster encoder. It will stream public meetings in HD, allow
users to live index items, record and publish minutes, and provide archive
videos for on-demand viewing.
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Bozeman, MT
Order #: Q-179458
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Solution Description
Encoding Appliance HDW -
WOWZA ClearCaster
WOWZA ClearCaster encoder is the hardware appliance used convert the
video feed for video streaming on the web. It also records the video and provides the MP4 file for archive playback.
Granicus Video - Online Training
Granicus Video - Online Training
US Shipping Charge C - Large Item
US shipping of a large item
Granicus ClearCaster Software
Granicus ClearCaster Software will convert the video feed for video
streaming on the web which will also record video and provides the MP4
file for archive playback. Only used with the ClearCaster encoder hardware and LiveCast solution.
THIRD PARTY DISCLAIMER
Closed Captioning and Meeting Services: Client and Granicus may agree that a third party will provide closed
captioning, transcription services, or other meeting services under this Agreement. In such case, Client
expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. Granicus is not liable for acts performed by such an independent third party.
ClearCaster and LiveCast Services: Client and Granicus agree that a third party will provide services under this
Agreement. Client expressly understands that the third party is an independent contractor and not an agent or employee of Granicus. Granicus is not liable for acts performed by such an independent third party.
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Bozeman, MT
Order #: Q-179458
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ClearCaster Terms & Conditions
The ClearCaster products are subject to the following terms:
Permitted Use. Granicus hereby grants during each Order Term or as otherwise specified in the Order,
and Customer hereby accepts, solely for its internal use, a worldwide, revocable, non- exclusive, non-
transferrable right to use the ClearCaster products to the extent allowed in the relevant Order
(collectively the “Permitted Use”). The Permitted Use shall also include the right, subject to the
conditions and restrictions set forth herein, to use the ClearCaster products up to the levels limited in the
applicable Order.
Data Sources. Data uploaded into ClearCaster products must be brought in from Customer sources
(interactions with end users and opt-in contact lists). Customer cannot upload purchased contact
information into the ClearCaster products without Granicus’ written permission and professional
services support for list cleansing.
Passwords. Passwords are not transferable to any third party. Customer is responsible for keeping all
passwords secure and all use of the the ClearCaster products accessed through Customer’s passwords.
Content. Customer can only use the ClearCaster products to share content that is created by and
owned by Customer and/or content for related organizations provided that it is in support of other
organizations but not as a primary communication vehicle for other organizations that do not have a
Granicus subscription. Any content deemed inappropriate for a public audience or in support of
programs or topics that are unrelated to Customer, can be removed or limited by Granicus.
Disclaimers. Any text, data, graphics, or any other material displayed or published on Customer’s
website must be free from violation of or infringement of copyright, trademark, service mark, patent,
trade secret, statutory, common law or proprietary or intellectual property rights of others. Granicus is
not responsible for content migrated by Client or any third party.
Advertising. The ClearCaster products shall not be used to promote products or services available for
sale through Customer or any third party unless approved in writing, in advance, by Granicus. Granicus
reserves the right to request and review the details of any agreement between Customer and a third
party that compensates Customer for the right to have information included in Content distributed or
made available through the ClearCaster products prior to approving the presence of Advertising within
the ClearCaster products.
Restrictions. Customer shall not:
Misuse any Granicus resources or the ClearCaster products or cause any disruption, including but
not limited to, the display of pornography or linking to pornographic material, advertisements,
solicitations, or mass mailings to individuals who have not agreed to be contacted;
Use any process, program, or tool for gaining unauthorized access to the systems, networks, or
138
Bozeman, MT
Order #: Q-179458
Prepared: 04/15/2022 Page 9 of 10
accounts of other parties, including but not limited to, other Granicus customers;
Customer must not use the Granicus products, services or the ClearCaster products in a manner in which system or network resources are unreasonably denied to other Granicus clients;
Customer must not use the services or ClearCaster products as a door or signpost to another server.
Access or use any portion of the ClearCaster products, except as expressly allowed by this Order;
Copy, distribute, sublicense, or otherwise share, software provided on the ClearCaster products;
Disassemble, decompile, or otherwise reverse engineer all or any portion of the ClearCaster
products; or add or remove software on the ClearCaster products without Granicus consent;
Use the ClearCaster products for any unlawful purposes;
Export or allow access to the ClearCaster products in violation of U.S. laws or regulations;
Except as expressly permitted in this Order, subcontract, disclose, rent, or lease the ClearCaster
products, or any portion thereof, for third party use; or
Modify, adapt, or use the ClearCaster products to develop any software application intended
for resale which uses the ClearCaster products in whole or in part.
Customer Feedback. Customer assigns to Granicus any suggestion, enhancement, request,
recommendation, correction or other feedback provided by Customer relating to the use of the
ClearCaster products. Granicus may use such submissions as it deems appropriate in its sole discretion.
Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/or its
licensors reserve all right, title and interest in the ClearCaster products, the documentation and resulting
product including all related intellectual property rights. Further, no implied licenses are granted to
Customer. The Granicus name, the Granicus logo, and the product names associated with the services are
trademarks of Granicus or its suppliers, and no right or license is granted to use them.
License to Content; Access. Customer hereby grants Granicus and its vendors a limited right and license
to view, access, use, modify, adapt, reproduce, transmit, distribute, display, and disclose Content for the
sole purpose of providing the ClearCaster products. Customer agrees that Granicus and its vendors may
remotely access the ClearCaster products for the sole purpose of providing Granicus products and
services, and the ClearCaster products.
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Order #: Q-179458
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Warranties and Disclaimers. The ClearCaster products are provided “AS IS” and as available. EACH PARTY
HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL
AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER
GRANICUS NOR ITS SUPPLIERS WARRANT THAT THE CLEARCASTER PRODUCTS WILL MEET CUSTOMER’S
REQUIREMENTS NOR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE.
Notwithstanding the foregoing and subject to payment of all applicable fees, Granicus will provide a three
(3) year warranty with respect to required hardware. Within the three (3) year warranty period, Granicus
shall repair or replace any required hardware provided directly from Granicus that fails to function
properly due to normal wear and tear, defective workmanship, or defective materials.
EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. UNDER NO CIRCUMSTANCES SHALL
GRANICUS NOR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE
THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, GRANICUS NOR ITS SUPPLIER SHALL BE LIABLE FOR: (A) ERROR OR INTERRUPTION OF USE OR
FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA; (B) COST OF PROCUREMENT OF
SUBSTITUTE GOODS, SERVICES, TECHNOLOGY, OR HARDWARE; (C) LOSS OF BUSINESS; (D) DAMAGES
ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, HARDWARE,
CLEARCASTER PRODUCTS, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND
GRANICUS’ REASONABLE CONTROL, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
LIMITATION OF LIABILITY. IN NO INSTANCE SHALL EITHER PARTY’S LIABILITY TO THE OTHER PARTY FOR
DIRECT DAMAGES RESULTING EXCLUSIVELY FROM THE CLEARCASTER PRODUCTS (WHETHER IN
CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CUSTOMER FOR GRANICUS PRODUCTS
AND SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY
NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. NEITHER PARTY MAY
INSTITUTE AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THE CLEARCASTER
PRODUCTS MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN.
140
Memorandum
REPORT TO:City Commission
FROM:Jesse DiTommaso, Economic Development Specialist
David Fine, Economic Development Program Manager
Brit Fontenot, Economic Development Director
SUBJECT:Authorize the City Manager to Sign a Task Order EDD22-001 with Sanderson
Stewart for On-Call Engineering Services
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Agreement - Vendor/Contract
RECOMMENDATION:Authorize City Manager to sign a task order #EDD22-001 with Sanderson
Stewart for on-call services.
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:The City of Bozeman is currently engaged in a professional services
agreement with Sanderson Stewart for Architectural and Engineering
Services under the authority of an Urban Renewal District Term Contract.
This task order is includes miscellaneous design services to be provided on
an as-needed basis at the request of the City of Bozeman Economic
Development Department.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the City Commission.
FISCAL EFFECTS:Sanderson Stewart will bill for its services on a time-and-materials basis not
to exceed $20,000. Funding for this Task Order is available from the
Economic Development Budget and, as appropriate, from the Downtown
Urban Renewal District, Midtown Urban Renewal District, and Northeast
Urban Renewal District, Pole Yard Urban Renewal District, South Bozeman
Technology District, or Parking Fund.
Attachments:
URD Task Order Form EDD22-001.docx
Charge_Out_Rates_Combined_2022.pdf
Report compiled on: April 20, 2022
141
City of Bozeman Urban Renewal District Term Contract
Task Order Number #EDD22-001
PROJECT:On-Call Miscellaneous Engineering Services – Time and Materials
Issued under the authority of Urban Renewal District Term Contract Professional
Services Agreement with Sanderson Stewart for Architectural and Engineering
Services.
This Task Order is dated May 3, 2022 between the City of Bozeman Economic
Development Department and Sanderson Stewart (Contractor).
The following representatives have been designated for the work performed under this
Task Order:
City: David Fine, Urban Renewal Program Manager
Contractor: Danielle Scharf, Sanderson Stewart
SCOPE OF WORK:The scope for this task order shall include miscellaneous design
services to be provided on an as-needed basis at the request of the City of Bozeman
Economic Development Department.
COMPENSATION:Sanderson Stewart will bill for its services on a time-and-materials
basis not to exceed $20,000.00. Sanderson Stewart shall submit invoices to the City of
Bozeman for work accomplished during each calendar month. The amount of each
monthly invoice shall be determined on the “time-and-materials basis” according to the
attached standard rate sheets for Sanderson Stewart and it’s subconsultants. Monthly
invoices shall include, separately listed, any charges for services for which time charges
and/or unit costs shall apply. The provisions of the Professional Services Agreement
shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the parties
have executed this Task Order:
City of Bozeman Sanderson Stewart
Jeff Mihelich, City Manager Danielle Scharf, Principal
142
OUTSIDE CONSULTANTS
SURVEY CREW SERVICESSTAFF PERSONNEL SERVICES
CHARGE OUT RATES
EFFECTIVE FEBRUARY 16, 2022
Staff Engineer I $110.00/hour
Staff Engineer II $125.00/hour
Project Engineer I $130.00/hour
Project Engineer II $140.00/hour
Senior Engineer I $175.00/hour
Senior Engineer II $210.00/hour
Principal $235.00/hour
Engineer Intern $70.00/hour
Expert Witness/Special Consultant $285.00/hour
Staff Planner I $95.00/hour
Staff Planner II $105.00/hour
Planner I $130.00/hour
Planner II $145.00/hour
Senior Planner I $155.00/hour
Senior Planner II $170.00/hour
Right-of-Way Agent $165.00/hour
Staff Landscape Designer I $95.00/hour
Staff Landscape Designer II $105.00/hour
Landscape Architect I $130.00/hour
Landscape Architect II $145.00/hour
Senior Landscape Architect I $155.00/hour
Senior Landscape Architect II $170.00/hour
Field Survey Technician I $80.00/hour
Field Survey Technician II $85.00/hour
Staff Surveyor I $105.00/hour
Staff Surveyor II $115.00/hour
Professional Land Surveyor $125.00/hour
Senior Professional Land Surveyor $175.00/hour
Graphic Artist $95.00/hour
Marketing Director $155.00/hour
CADD Technician I $85.00/hour
CADD Technician II $90.00/hour
Designer I $100.00/hour
Designer II $105.00/hour
Senior Designer I $120.00/hour
Senior Designer II $130.00/hour
Construction Inspector $85.00/hour
Construction Engineering
Technician $100.00/hour
Senior Construction
Engineering Technician $135.00/hour
Construction Engineer I $130.00/hour
Construction Engineer II $140.00/hour
Project Administrator $100.00/hour
Administrative/Clerical $85.00/hour
1-man Crew/2-man Crew $Per Job
Survey Equipment $15.00 /fieldwork hour
Survey Vehicle Mileage $.75 /mile
Scanner Equipment $150.00 /hour
Scanner Equipment (Hourly) $150 /hour
Scanner Equipment (Full Day) $1,050 /day
1)At cost if independently billed direct to client.
2)Cost plus 5% if billed through us.
INDEPENDENT LABORATORIES
1)At cost if independently billed direct to client.
2)Cost plus 5% if billed through us.
ADMINISTRATIVE EXPENSES
Administrative expenses
(including copies, prints, phone, postage, materials, and
travel) 3.5% *
* based on professional services only, unless modified
by contract
Vehicle Mileage IRS Rate
These rates are updated periodically to reflect
market conditions. Rate increases will be
reflected in future invoicing.
143
2022 HOURLY RATES
Architectural/Interior Design
Clerical 60$
Junior Designer 75$
Project Manager Assistant 85$
Interior Designer (I)100$
Designer (I & II)110$
Interior Designer (II)110$
Architect (Arch I - II)115$
Designer (III)115$
Construction Administrator (I & II)115$
Architect (Arch III)130$
Interior Designer (III & IV)130$
Procurement Specialist 130$
Project Architect (Arch IV)140$
Designer (IV)140$
Construction Administrator (III & IV)140$
Designer (V)150$
Project Manager 160$
Project Architect (Arch V)160$
Senior Construction Administrator (V)160$
Interior Design (V)160$
Senior Preservation Architect (VI)180$
Preservation Architect (V)180$
Senior Architect (VI)180$
Principal 190$
Architectural Planner (VI)250$
Senior Principal 280$
Graphic Design
Project Manager Assistant 80$
Creative Writer (I)80$
Creative Writer (II)85$
Digital Strategist 100$
Creative Writer (III)100$
Graphic Designer (II)105$
Graphic Designer (III)110$
Website Designer 120$
Graphic Designer (IV)130$
Graphic Designer (V)150$
Expenses
Mileage Use the 2022 IRS Business Mileage Rate
General Per Diem - Gov't Allowable For specific areas rates search gsa.gov/travel
Printing - outsourced At Cost
Lodging At Cost or for Gov't Project, search gsa.gov/travel
144
Rate are increased on average 5%, a little higher on the lower rates and a bit lower on the higher rates.
145
STANDARD BILLING RATES
FOR BASIC SERVICES
Subject to annual adjustment on January 1 each year.
Senior Vice President .................................................................................................................................... $315
Vice President ................................................................................................................................................ $285
Principal/Director .......................................................................................................................................... $265
Senior Project Manager/Senior Consultant .................................................................................................. $255
Project Manager/Consultant ......................................................................................................................... $220
Senior Engineer/Senior Architect ................................................................................................................. $215
Engineer/Architect ........................................................................................................................................ $190
Analyst/Planner/Specialist ........................................................................................................................... $180
Assistant Project Manager/Assistant Consultant .......................................................................................... $180
Designer ......................................................................................................................................................... $180
Senior Technician .......................................................................................................................................... $165
Technician ...................................................................................................................................................... $150
Senior Administrative Assistant/Business Manager ...................................................................................... $125
Administrative Assistant ............................................................................................................................... $105
146
CTC Standard Rates - Fully Burdened
Labor Category Rate
Chief Technology Officer/Director of Business Consulting $275
Principal Engineer/Analyst $250
Senior Engineer/Analyst $225
Staff Engineer/Analyst $205
Aide $130
147
Memorandum
REPORT TO:City Commission
FROM:Cynthia L. Andrus, Mayor
SUBJECT:Proclaiming National Small Business Week
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Proclaim National Small Business Week
STRATEGIC PLAN:1.2 Community Engagement: Broaden and deepen engagement of the
community in city government, innovating methods for inviting input from
the community and stakeholders.
BACKGROUND:See Attached
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Attachments:
Small Business Week.docx
Report compiled on: April 25, 2022
148
Proclamation for National Small Business Week 2022
WHEREAS,America’s strongest economic growth in almost 40 years has been driven by the resilience
of our small businesses who, despite a world-wide pandemic, continue to pioneer innovative solutions
to our country’s greatest challenges and create opportunities for families and workers; and
WHEREAS,from the storefront shops that anchor Main Street to the high-tech startups that keep
America on the cutting edge to the small manufacturers driving our competitiveness on the global
stage, small businesses are the backbone of our economy and the cornerstones of our nation’s
promise; and
WHEREAS,when we support small business, jobs are created, and local communities preserve their
unique culture; and
WHEREAS,because this country’s 32.5 million small businesses create nearly two out of three jobs in
our economy, we cannot resolve ourselves to create jobs and spur economic growth in America
without discussing ways to support our entrepreneurs; and
WHEREAS,the President of the United States has proclaimed National Small Business Week every
year since 1963 to highlight the programs and services available to entrepreneurs through the U.S.
Small Business Administration and other government agencies; and
WHEREAS,the City of Bozeman supports and joins in this national effort to help America’s small
businesses do what they do best –grow their business, create jobs, and ensure that our local
communities remain as vibrant tomorrow as they are today.
NOW, THEREFORE, I, Cynthia L. Andrus, Mayor of Bozeman, do hereby proclaim May 1 through May
7, 2022 as National Small Business Week.
Signed this 3rd day of May 2022
_______________________
Cynthia L. Andrus
Mayor of Bozeman
149
Memorandum
REPORT TO:City Commission
FROM:Greg Sullivan, City Attorney
Brit Fontenot, Economic Development Director
SUBJECT:Cable and Facilities Easement and Agreement with Yellowstone Fiber
(formerly Bozeman Fiber)
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the Mayor, or their designee, to sign the Cable and Facilities
Easement and Agreement with Yellowstone Fiber (formerly Bozeman Fiber).
STRATEGIC PLAN:2.2 Infrastructure Investments: Strategically invest in infrastructure as a
mechanism to encourage economic development.
BACKGROUND:Please see the attached memo.
UNRESOLVED ISSUES:Please see the attached memo.
ALTERNATIVES:As directed by the Bozeman City Commission.
FISCAL EFFECTS:Please see attached memo.
Attachments:
cc memo 5.3.22 Cable and Facilities Easement YF FINAL
4.20.22.doc.pdf
220418_Cable and Facilities Easement _Exhibits A-O.pdf
YellowstoneFiberHutLocations.pdf
Report compiled on: April 11, 2022
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Greg Sullivan, City Attorney
Brit Fontenot, Economic Development Director
SUBJECT: Cable and Facilities Easement and Agreement with Yellowstone
Fiber
MEETING DATE: May 3, 2022
AGENDA ITEM TYPE: Action
RECOMMENDATION: Authorize the Mayor, or their designee, to sign the Cable and
Facilities Easement and Agreement with Yellowstone Fiber.
STRATEGIC PLAN ELEMENTS SUPPORTED BY APPROVING THE CABLE AND FACILITIES
EASEMENT AND AGREEMENT WITH YELLOWSTONE FIBER:
1. An Engaged Community
1.1 Outreach
1.2 Community Engagement
2. An Innovative Economy
2.1 Business Growth
2.2 Infrastructure Investments
2.3 Workforce Development
3. A Safe Welcoming Community
3.1 Public Safety
4. A well Planned City
4.3 Strategic Infrastructure
Choices
4.4 Vibrant Downtown, Districts
& Centers
5. A Creative Learning Culture
5.3 Partnerships for Education
and Learning
6. A Sustainable Environment
We cultivate a strong
environmental ethic; protect our
clean air, water, open spaces
and climate; and promote
environmentally sustainable
businesses and lifestyles.
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BACKGROUND:
Since May, 2013, the City has worked to bring high quality, high-speed, high-
capacity, redundant, and affordable broadband to Bozeman. First, we created a steering
committee of knowledgeable professionals and community stakeholders to assess the
state of affairs. The committee found demand exists for better, more cost effective
solutions for achieving gigabit services in Bozeman. In response to the demonstrated
demand, in 2015 the City adopted the Bozeman Fiber Master Plan and Feasibility Study.
Over the last nine years, that finding has borne itself out, especially since the onset and
persistence of the COVID-19 pandemic.
Cities around the United States and countries around the world recognize the
value of connected communities for the advancement of education, business,
government, and healthcare services as well as social connectivity. Broadband and high
capacity telecommunications networks are essential for many 21st century global
technology businesses like those growing in and around Bozeman.
Work on the Yellowstone Fiber1 project started in 2013 to study, plan and build a
21st century fiber optic network in Bozeman. The original, approximately 30 mile fiber
optic network, serving the City of Bozeman, Gallatin County and the Bozeman School
District was completed in the late summer of 2016. The original network also serves
businesses in the Downtown, Midtown and Cannery districts. Currently the original,
open access network supports five service providers and approximately 250 subscribers.
On April 15, 2019, the Commission adopted Resolution 5031 declaring
broadband essential infrastructure. The Commission did so because reliable, high speed,
redundant, affordable internet access is imperative for Bozeman residents, businesses,
governmental agencies, health care providers, non-profit organizations, residents and
visitors. Furthermore, increased bandwidth is a driving force for creating and improving
innovative content, security, and greater access to current and future educational,
economic, governmental, healthcare and social services. Likewise, increased access to
high-speed, high-capacity internet infrastructure creates increased opportunity for
innovation for consumers, businesses, and government entities. It is clear countries,
states, counties, and cities that prioritize and provide access to advanced internet
infrastructure, have surpassed those that do not in terms of social, economic, and
knowledge development. The City’s 2019 prioritization of broadband infrastructure as
1 In early 2022 the Bozeman Fiber Board of Directors approved a company name change in order
for the company name to better represent the future expanded geography of the network. Bozeman
Fiber’s name was changed to Yellowstone Fiber. In this memo when reference is made to Yellowstone
Fiber, the reference is inclusive of the company formerly known as Bozeman Fiber.
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essential appropriately elevates the importance of broadband infrastructure to match
that of transportation, water, sewer, stormwater and electrical infrastructure.
Since its creation, Yellowstone Fiber sought partnerships to expand the original
open access network with the goal to connect every business and residence in the City.
In 2020, Yellowstone Fiber began discussing the opportunities to expand the network by
partnering with an experienced open access network provider, Utah-based UTOPIA
Fiber, to expand the original open access network.
One of the hurdles to expanding the network was access to capital to fund the
network expansion. In 2021, the Gallatin County Commission agreed to support
Bozeman Fiber by allowing of the sale of Industrial Revenue Bonds (IRB) in the amount
of $65 million to fund the construction of a new fiber-to-the-premises (FTTP) in
Bozeman and beyond.
To serve the Bozeman community as envisioned, with a true open access FTTP,
the network architecture requires numerous locations for advanced fiber infrastructure
called “fiber huts” or “huts”. The huts in the Yellowstone Fiber network contain servers,
transceivers, cabling, back-up batteries and distribution fiber among other pieces of
technology and require geographic distribution around the community to serve the
residents and businesses. Each hut can serve approximately two thousand connections.
The City parks system and City owned land provide a unique opportunity to provide the
necessary geographic distribution to facilitate ubiquitous fiber distribution.
City staff from the Parks Division, Economic Development, and Public Works
negotiated each of the proposed hut locations so the structures are as unobtrusive as
possible while allowing for the maximum amount of fiber distribution from each
location. Below, we described the consideration will provide for the easements.
EASEMENT AND HUT LOCATIONS:
Yellowstone Fiber seeks a grant of easements for 13 locations throughout the
City. The map attached to this memo provides a graphical display of the locations. The
locations include the following parks:
Exhibit B – Enterprise Park (formerly known as Lerner Park)
Exhibit C – Graf Park
Exhibit D Langhor Gardens
Exhibit E – Bozeman Pond North
Exhibit F – Valley West Park
Exhibit G – Kirk Park
Exhibit H – Oak Springs Park
Exhibit I – Cattail Lake Park
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Exhibit J – Glen Lake Rotary Park
Exhibit K – Rose Park
Exhibit L – Centennial Park
Exhibit N – Southside Park
Exhibit O – Bronken Park
Yellowstone Fiber has also requested a hut easement at:
Exhibit M – SW Corner of City owned lot adjacent to the City Shops Complex
NOTABLE SECTIONS OF THE CABLE AND FACILITIES EASEMENT AND AGREEMENT:
Below, we explain a few key aspects of the Easement and Agreement:
The easement is perpetual (Sect. 3);
Yellowstone Fiber must pay all costs associated with constructing the huts (Sect.
4);
While Yellowstone Fiber may disturb the easement areas, the City requires
Yellowstone Fiber to restore the property (Sect. 5);
Yellowstone Fiber’s use of the easement area is subject to park purposes (Sect.
6(a));
Yellowstone Fiber is obligated to perform maintenance of the easement area
including landscaping and graffiti removal and repair damage to any City
property outside the easement area (Sect. 6(e), (f));
The City may require the relocation of the huts with 120 days written notice
(Sect. 7);
City must approve fencing around the huts (Sect. 8);
If Yellowstone Fiber ceases to use the easement for one year, the easement is
abandoned and Yellowstone Fiber must reconvey the easement and restore the
area to the City’s satisfaction (Sect. 9);
Yellowstone Fiber must indemnify the City for negligent, reckless, or intentional
misconduct of Yellowstone Fiber or its agenda, contractors, or subcontractors
and provide insurance to cover these indemnity requirements (Sect. 14); and
The agreement includes the City’s required nondiscrimination and gender pay
requirements (Sect. 16).
CONSIDERATION:
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The financial consideration to be paid by Yellowstone Fiber to the City for the
easements is described in Exhibit A Agreement:
1. An annual sum of One Hundred Dollars and 00/100 ($100.00) for each
Easement Area identified on Exhibits B - O;
2. Yellowstone Fiber will provide at no cost to the City a high speed fiber-based
active internet connection, at each Easement Area identified on Exhibits B – O,
with a minimum speed of 1gb download and 50mb upload; and
3. Within three months of installing any equipment pursuant to this
Agreement, Yellowstone Fiber will pay for and install an all-weather vinyl wrap
chosen and designed by the City on each hut (or cabinet if appropriate) located
within each Easement Area identified on Exhibits B - O. Yellowstone Fiber must
replace the wrap at a minimum of every eight years. This wrap must be graffiti
resistant.
UNRESOLVED ISSUES:
None at this time.
FISCAL EFFECTS:
As described in the easement agreement, costs associated with maintaining the
easement site and the fiber huts will be borne by Yellowstone Fiber. Staff time will be
required to facilitate construction and ongoing maintenance. No other significant fiscal
effects are identified.
ATTACHMENTS AND HYPERLINKS:
1. Cable and Facilities Easement and Agreement with exhibits A – O;
2. Comprehensive map of the Yellowstone Fiber easement sites (fiber optic huts)
on city-owned property;
3. Link to the April 15, 2019 Commission Memo and Resolution 5031 declaring
Broadband as Essential Infrastructure in the City of Bozeman; and
4. Link to the January 26, 2015 Commission Memo and Resolution 4576 adopting
the Bozeman Fiber Masterplan and Feasibility Study.
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Report compiled on: April 20, 2022
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CABLE AND FACILITIES EASEMENT
WHEN RECORDED MAIL TO:
Bozeman Fiber, Inc., dba Yellowstone Fiber
77A Nugget Lane
Belgrade, MT 59714
BZ001-003 and BZ005-013
APN #
CABLE AND FACILITIES EASEMENT AND AGREEMENT
This CABLE AND FACILITIES EASEMENT (“Agreement”) is entered into
between the City of Bozeman, a self-governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana, located at 121 N. Rouse
Ave, P.O. Box 1230, Bozeman, MT 59771-1230 (“Grantor”), and Bozeman Fiber, Inc., a
Montana domestic nonprofit public benefit corporation, dba Yellowstone Fiber, located at
77A Nugget Lane, Belgrade, Montana 59714 (together with its successors and assigns
“Grantee”). Grantor and Grantee may hereinafter be referred to collectively as the
“Parties” or singularly as the “Party”.
RECITALS:
A. Grantor is the owner of certain real property located in Gallatin County,
Montana, which is legally described and shown on Exhibits B – O (“Grantor’s
Property”).
B. Grantee wishes to acquire from Grantor, and Grantor wishes to grant to
Grantee, on the terms and conditions set forth herein, a perpetual right subject to certain
limitations as established herein and non-exclusive easement as described in Section 2
below, together with the rights of ingress and egress, in, under, through, over, across,
above, and upon Grantor’s Property.
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NOW, THEREFORE, for good and valuable consideration provided by Grantee
to Grantor as identified on Exhibit A and the mutual covenants, terms, and conditions set
forth herein, the receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows:
1. Recitals. The Parties agree that the foregoing recitals are true and correct
and are hereby incorporated into this Easement.
2. Grant of Easement. Grantor hereby grants and conveys to Grantee (together
with its successors and assigns), a perpetual as limited herein, non-exclusive easement for
the benefit of Grantee, together with the rights of ingress and egress, in, under, through,
over, across, above, and upon Grantor’s Property subject to all matters of record to, at
Grantee’s sole cost and expense, locate, survey, conduct environmental surveys for,
excavate, construct, entrench, maintain, protect, inspect, operate, repair and replace
(collectively referred to as “Grantee’s Necessary Actions”) the cables and associated
system facilities, hardware and equipment (collectively referred to as “Cables and
Facilities”), graphically depicted on the drawing including on Exhibits B - O and
incorporated by reference, in, under, through, over, across, above, and upon Grantor’s
Property (the “Easement”).
The Cables and Facilities permitted to be installed and maintained within the
Grantor’s Property are specifically described in Exhibits B - O, as attached hereto. Such
Cable and Facilities shall be limited to a concrete pad, generator, and telecommunications
shelter, in the size, height, width, dimension and locations specifically set forth in Exhibits
B - O. The Cable and Facilities shall be installed strictly in accordance with the plans set
forth in Exhibits B - O and shall be subject to all the terms and conditions of this
Agreement. Grantee shall not construct, erect or install any structures or other
improvements within Grantor’s Property without the prior written approval of Grantor and
in accordance with City of Bozeman’s Ordinances or other applicable laws, including, but
not limited to, site plan review procedures.
This Easement shall include the non-exclusive right of individuals or entities with
which Grantee contracts to provide necessary services to its Cables and Facilities within
Grantor’s Property to install, maintain and operate such necessary utility facilities
(“Necessary Utility Facilities”) in, under, through, over, across, above, and upon
Grantor’s Property, provided, that such Necessary Utility Facilities comply with all the
terms and conditions of this Easement, including all requirements and restrictions
regarding Cables and Facilities within Grantor’s Property.
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3. Term of Easement. The term of the Easement shall be perpetual from the
date of this Agreement.
4. Costs. Grantee shall pay for all costs associated with Grantee’s Necessary
Actions. Grantee shall also pay for all costs associated with constructing, installing,
maintaining, or improving the Cables and Facilities and the Necessary Utility Facilities.
5. Improvements, Restoration, and Repairs. In consultation with the Grantor,
Grantee shall have the right to cut, damage or remove ground, trees, plants, landscaping
and other improvements within Grantor’s Property to the extent reasonable and necessary,
during construction, maintenance, repair or replacement of the Cables and Facilities or the
Necessary Utility Facilities. If necessary, as determined by the Grantor, Grantee shall
restore the surface of Grantor’s Property to the reasonable satisfaction of Grantor in a
timely manner, not to exceed ten (10) business days (or as soon as weather reasonably
permits) following the completion of any of Grantee’s Necessary Actions, including
without limitation, construction, maintenance, repair or replacement of the Cables and
Facilities or the Necessary Utility Facilities, or of any other disturbance of Grantor’s
Property. Grantee shall not damage Grantor’s existing facilities, whether underground or
overground, and in the event of such damage shall repair or cause to be repaired such
damage, at Grantee’s sole cost and expense.
6. Easement Conditions. The Easement shall be subject to the following
conditions:
a. The Parties expressly acknowledge that the Easement is located
within public property that may be utilized by the public for park or other purposes.
Grantee agrees, that, at all times, this Easement shall be subject to any use of the
public property by the Grantor and the public.
b. Grantor reserves its existing uses, together with any future uses, of
the Grantor’s Property which do not unreasonably interfere with Grantee’s use of
the Grantor’s Property.
c. Any and all rights granted herein are subject to the rights of existing
utilities, rights-of-way, easements or other property interests in the Grantor’s
Property. Grantee shall be responsible, at Grantee’s sole cost and expense, for
obtaining consents and approvals, including those of the Grantor for relocating or
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modifying the alignments of existing utilities as of the date of this Agreement, if
any, in order to maintain reasonable clearances between such utilities and the
Cables and Facilities or the Necessary Utility Facilities.
d. The Easement granted herein is subject to the rights of Grantor and
its invitees, successors and assigns to use the surface of Grantor’s Property,
provided such use is reasonably compatible with the use of the Grantor’s Property
by Grantee for the purposes described herein. Notwithstanding the foregoing,
Grantor and its successors and assigns shall have the right to develop the Grantor’s
Property with driveways, parking areas, landscaping areas, curbs, gutters, and
paving and any appurtenances necessary for park or other municipal purposes as
Grantor deems appropriate in its sole discretion; provided that Grantor first
provides Grantee thirty (30) days written notice of its intent to install such
developments.
e. Grantee shall cause all of its activities hereunder to be performed in
a safe manner and shall not cause to exist any dangerous condition within Grantor’s
Property. Grantee shall, at Grantee’s sole cost and expense, perform all
maintenance of the Cables and Facilities within the Easement Property. Grantee
shall perform such maintenance of the Cables and Facilities in compliance with all
applicable zoning laws, regulations and ordinances. In addition, Grantee must
maintain the Easement Area free and clear of debris, regularly mow any grass,
maintain landscaping, and control all weeds. Grantee must also ensure removal of
snow or ice is not placed in locations so as to block sidewalks, trails or other areas
used by the public. Grantee shall remove or paint over any graffiti on the Cables
and Facilities within the Easement Area within three (3) business days from written
notice from the Grantor.
f. Grantee agrees to immediately repair any damage caused by
Grantee, its agents, invitees, guests, hires, contractors or subcontractors to any
public or private property outside the Easement Area including, but not limited to,
streets, curbs, sidewalks, and other infrastructure to, for public infrastructure, the
current City standard for that infrastructure and, for privately owned infrastructure,
to a condition acceptable to the owner of such private infrastructure. Grantee agrees
to timely comply with any request of City’s Representative or others with the City
to perform maintenance and repairs to streets, curbs, sidewalks and other
infrastructure outside the Easement Area damaged by Grantee or its agents,
invitees, guests, hires, contractors, or subcontractors.
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7. Grantor’s Authority to Require Removal or Relocation/Grantee Request for
Relocation. Should Grantor, at Grantor’s sole discretion, require the relocation of
Grantee’s facilities to another location, Grantor shall give Grantee 120 days written notice
of such notice to relocate. Grantor shall use reasonable efforts in coordination with Grantee
to provide another suitable location for Grantee’s Cables and Facilities in a location as
close as reasonably possible to the Easement Area. The Parties shall execute a
reconveyance of this Easement Agreement at the same time as executing a new Cable and
Facilities Easement Agreement for the new location. If the above occurs, Grantee shall
within 120 days or in a time period approved by the City’s Representative restore the
surface of the original Easement Area to the reasonable satisfaction of Grantor following
the relocation of the Cables and Facilities. All costs of relocation shall be the responsibility
of Grantee.
In addition to the above, Grantee may request Grantor authorize Grantee to relocate its
Cables and Facilities. Grantor may authorize such relocation subject to the terms and
conditions of this Easement and Agreement.
8. Fencing or Protection of Grantee’s Cables and Facilities or Other Property.
With the approval of the Grantor, Grantee shall have the right to install fencing or other
measures of protection as approved by the Grantor from damage or vandalism in or around
the Easement Area on Grantor’s Property.
9. Abandonment. Grantee may at any time permanently abandon this
Easement. Grantee’s discontinued use of the Easement and/or the Cables and Facilities for
a term of one (1) year shall be deemed a permanent abandonment without regard to
Grantee’s intent. Upon such abandonment action, Grantee shall remove improvements
constructed thereon within sixty (60) calendar days of receipt of written request from
Grantor following such abandonment and shall execute and record a reconveyance and
release hereof within fifteen (15) business days of receipt of written request from Grantor
following such abandonment, whereupon this Easement and all rights and privileges shall
be fully cancelled and terminated. Grantee shall within 120 days or in a time period
approved by the City’s Representative restore the Easement Area to the reasonable
satisfaction of Grantor following the removal of the Cables and Facilities.
10. Representatives and Notices.
a. Grantor’s Representative: The Grantor’s Representative for the
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purpose of this Agreement shall be the Grantor’s Director of Utilities or such other
individual as Grantor shall designate in writing. Whenever approval or
authorization from or communication or submission to Grantor is required by this
Agreement, such communication or submission shall be directed to the Grantor’s
Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when Grantor’s
Representative is not available, Grantee may direct its communication or
submission to other designated Grantor personnel or agents as designated by the
Grantor in writing and may receive approvals or authorization from such persons.
b. Grantee’s Representative: The Grantee’s Representative for the
purpose of this Agreement shall be Grantee’s Chief Executive Officer or such other
individual as Grantee shall designate in writing. Whenever direction to or
communication with Grantee is required by this Agreement, such direction or
communication shall be directed to Grantee’s Representative; provided, however,
that in exigent circumstances when Grantee’s Representative is not available,
Grantor may direct its direction or communication to other designated Grantee
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.
11. Event of Default. If Grantee fails to make the annual payment identified in
paragraph 1 of Exhibit A or is in default of any other provision of this Agreement, Grantor
may provide written notice to Grantee of such failure to pay or other default. Grantee shall
have thirty (30) days from the date of written notice to cure the failure to pay or other
default. If Grantee fails to cure the non-payment or default within thirty (30) days, this
Easement shall be terminated and Grantee must execute a record of reconveyance and
release hereof within thirty (30) days of the termination date, whereupon this Easement
and all rights and privileges other than the removal and indemnification provisions shall be
fully cancelled and terminated.
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12. Binding on Successors. The provisions of this Agreement, including both
the benefits and burdens, and subject to its limitations, shall be appurtenant to and shall run
with the title to Grantor’s Property and shall be binding upon and inure to the successors
and assigns of Grantor. Grantee may assign its rights and obligations under this Agreement
this Easement, in whole or in part, subject to Grantor’s written permission; provided,
however, that notwithstanding the forgoing provision, Grantee shall have no obligation to
obtain Grantor’s written permission to assign the Easement for purposes of Grantee’s
financing.
13. Amendment. This Agreement may be amended only by written instrument
executed by both the Grantor and Grantee
14. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by
law, Grantee agrees to release, defend, indemnify, and hold harmless the Grantor, its
agents, representatives, employees, and officers (collectively referred to for purposes of
this Section as the Grantor) 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 Grantor
occasioned by, growing or arising out of or resulting from or in any way related to the
negligent, reckless, or intentional misconduct of the Grantor or its agents, contractors, or
subcontractors for any acts or omissions related to Grantor’s activities under this
Agreement.
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 Grantor as indemnitee(s) which would otherwise exist as to such
indemnitee(s).
Grantee’s indemnity under this Section shall be without regard to and without any
right to contribution from any insurance maintained by Grantor.
Should the Grantor be required to bring an action against the Grantee to assert its
right to defense or indemnification under this Agreement or under the Grantee’s applicable
insurance policies required below, the Grantor shall be entitled to recover reasonable costs
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and attorney fees incurred in asserting its right to indemnification or defense but only if a
court of competent jurisdiction determines the Grantee was obligated to defend the claim(s)
or was obligated to indemnify the Grantor for a claim(s) or any portion(s) thereof.
In the event of an action filed against the Grantor resulting from the Grantor’s
performance under this Agreement, the Grantor may elect to represent itself and incur all
costs and expenses of suit.
Grantee also waives any and all claims and recourse against the Grantee, 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 Grantor’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, Grantee shall at Grantee’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 Grantee in this Section. The insurance coverage
shall not contain any exclusion for liabilities specifically assumed by the Grantee 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
Grantor without limit and without regard to the cause therefore and which is acceptable to
the Grantor. Grantee shall furnish to the Grantee 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.
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The above amounts shall be exclusive of defense costs. The Grantor 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 Grantor and shall
include no less than a thirty (30) day notice of cancellation or non-renewal. Grantee shall
notify Grantor within two (2) business days of Grantee’s receipt of notice that any required
insurance coverage will be terminated or Grantee’s decision to terminate any required
insurance coverage for any reason.
Grantor must approve all insurance coverage and endorsements prior to the Grantee
commencing work.
15. Laws and Regulations. Grantee 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.
16. Nondiscrimination and Equal Pay. Grantee agrees that all hiring by Grantee
of persons performing this Agreement shall be on the basis of merit and qualifications. The
Grantee will have a policy to provide equal employment opportunity in accordance with
all applicable state and federal anti-discrimination laws, regulations, and contracts. The
Grantee 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 Grantee 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.
Grantee 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). Grantee must report to the Grantor any violations of the Montana
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Equal Pay Act that Grantee has been found guilty of within 60 days of such finding for
violations occurring during the term of this Agreement.
Grantee shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
17. 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.
18. Permits. Unless otherwise agreed to in writing by the parties, Grantee shall
provide all notices, comply with all applicable federal, state, and local laws, ordinances,
rules, and regulations, obtain all necessary permits, licenses, and inspections from
applicable governmental authorities, and pay all fees and charges in connection therewith.
19. Attorney’s Fees and Costs. In the event it becomes necessary for either
Party to retain an attorney to enforce any of the terms or conditions of this Agreement or
to give any notice required herein, then the prevailing Party or the Party giving notice shall
be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-
house counsel including the City Attorney’s Office staff.
20. Taxes. Grantee is obligated to pay all taxes of any kind or nature and make
all appropriate employee withholdings.
21. Liens and Encumbrances. Grantee shall not permit any liens or
encumbrances to be filed on Grantor’s Property related to either the Grantee’s use of the
Easement Area or the Grantee’s actions pursuant to this Agreement. Prior to the expiration
of this Agreement or termination as provided herein Grantee shall furnish the Grantor with
satisfactory proof that there are no outstanding liens or encumbrances in connection with
the Grantee’s use of the Easement Area.
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.
166
11
CABLE AND FACILITIES EASEMENT
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. Grantee’s indemnification shall survive the termination or
expiration of this Agreement for the maximum period allowed under applicable law.
24. Headings. The headings used in this Agreement are for convenience only
and are not be construed as a part of the Agreement or as a limitation on the scope of the
particular paragraphs to which they refer.
25. Severability. If any portion of this Agreement is held to be void or
unenforceable, the balance thereof shall continue in effect.
26. Applicable Law. The parties agree that this Agreement is governed in all
respects by the laws of the State of Montana.
27. Binding Effect. This Agreement is binding upon and inures to the benefit
of the heirs, legal representatives, successors, and assigns of the parties.
28. No Third-Party Beneficiary. This Agreement is for the exclusive benefit of
the parties, does not constitute a third-party beneficiary agreement, and may not be relied
upon or enforced by a third party.
29. Counterparts. This Agreement may be executed in counterparts, which
together constitute one instrument.
30. Integration. This Agreement and all Exhibits attached hereto constitute the
entire agreement of the parties. Covenants or representations not contained herein or made
a part thereof by reference, are not binding upon the parties. There are no understandings
between the parties other than as set forth in this Agreement. All communications, either
verbal or written, made prior to the date of this Agreement are hereby abrogated and
withdrawn unless specifically made a part of this Agreement by reference.
31. Consent to Electronic Signatures. The Parties have consented to execute
this Agreement electronically in conformance with the Montana Uniform Electronic
Transactions Act, Title 30, Chapter 18, Part 1, MCA.
167
12
CABLE AND FACILITIES EASEMENT
END OF EASEMENT AGREEMENT
SIGNATURE PAGE TO FOLLOW
168
13
CABLE AND FACILITIES EASEMENT
GRANTOR:
City of Bozeman
Dated: __________________ By: __________________________
Mayor
ATTEST: APPROVED AS TO FORM:
________________________ _____________________________
City Recorder City Attorney's Office
GRANTEE:
Yellowstone Fiber
Dated: __________________ ____________________________
Greg Metzger, Chief Executive Officer
ATTEST: APPROVED AS TO FORM:
_________________________ ____________________________
Secretary General Counsel
169
14
CABLE AND FACILITIES EASEMENT
Exhibit A
1. An annual sum of One Hundred Dollars and 00/100 ($100.00) for each
Easement Area identified on Exhibits B - O, payable as mutually agreed by the Parties.
2. Grantee will provide Grantor at no cost to Grantor a high speed fiber-based
active internet connection, at each Easement Area identified on Exhibits B – O, with a
minimum speed of 1gb download and 50mb upload.
3. Within three months of installing any equipment pursuant to this
Agreement, Grantee will pay for and install an all-weather vinyl wrap chosen and designed
by the Grantor on the hut (or cabinet if appropriate) located within each Easement Area
identified on Exhibits B - O. Grantee must replace the wrap at a minimum of every eight
(8) years. This wrap will be graffiti resistant as described by the contractor.
170
S 00°13'30" E (M) 394.08' (M)90.01' (M)24.00' (M)280.07' (M)N 89°46'30" E (M)27.50' (M)N 00°13'30" W (M)24.00' (M)S 89°46'30" W (M)27.50' (M)SOUTH1735.10' (M)WEST
1671.70' (M)
BZ001
12'x22'
SECTION CORNER
SECTIONS 13,14,23,&24
NOTHING FOUND OR SET
REESTABLISHED BY CCR
(DOCUMENT # 2241963)
FOUND YPC
FOUND YPC
LEGEND
US PUBLIC LANDS SURVEY
CORNER
FOUND MONUMENT AS
DESCRIBED
SET 12"x 24" REBAR WITH
YELLOW PLASTIC CAP
5' WITNESS CORNER
EXISTING
SIDEWALK
5' TO CORNER
5' TO CORNER
M:\213741\Drawings\BZ001.dwgBZ001 EASEMENT
EXHIBIT "B"
213741JOB NUMBER :
SHEET :
SCALE :AS NOTED
1 OF 10 Feet 10
DATE :01/03/2022
W E B : w w w . h y a l i t e e n g . c o m
2304 NORTH 7TH AVENUE STE. L B O Z E M A N , M T 5 9 7 1 8
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
LEGAL DESCRIPTION
Being a portion of Enterprise Park, Meadow
Creek Subdivision, Phase 1, located in the
southeast14 of the northeast 14 of Section 23,
Township 2 South, Range 5 East, P.M.M., city
of Bozeman, Gallatin County,Montana, and
being more particularly described as follows:
Commencing at the northeast corner Section 23
thence WEST a distance of 1671.70,
thence SOUTH a distance of 1735.10 feet to
the Point of Beginning
thence S 00°13'30" E a distance of 24.00 feet;
thence S 89°46'30" W a distance of 27.50 feet;
thence N 00°13'30" W a distance of 24.00 feet;
thence N 89°46'30" E a distance of 27.50 feet,
to the Point of Beginning
Said easement contains 0.02 acres (660 sq. ft)
more or less
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko,
Registered Land Surveyor, do hereby certify that
between 12/13/2021, and ____________,2022, I
surveyed, and described the herein easement as
shown.
DATED this ______ day of ____________, 2022.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
171
BZ002
5'x20'
14 SECTION CORNER
SECTION 19, T2S R6E
SECTION 24, T2S R5E
FOUND BRASS CAP IN MONUMENT
BOX
LEGEND
US PUBLIC LANDS SURVEY
CORNER
FOUND MONUMENT AS
DESCRIBED
SET 12"x 24" REBAR WITH
YELLOW PLASTIC CAP
N 15°03'14" E (M)26.12' (M)S 74°5
6
'
4
6
"
E
(
M
)
25.00' (
M
)S 15°03'14" W (M)20.37' (M)N 89°14'24" W (M)
5.78' (M)Δ=3°25'35"
R=332.50' (M)
A=19.88' (M)
296.74' (M)
S 89°14'24" E (M)184.87' (M)NORTH (M)1257.21' (M)
EAST (M)
S 89°14'24" E (M)
127.69' (M)
FOUND YPC
FOUND YPC
FOUND YPC EXISTING
SIDEWALK
M:\213741\Drawings\BZ002.dwgBZ002 EASEMENT
EXHIBIT "C"
213741JOB NUMBER :
SHEET :
SCALE :AS NOTED
1 OF 10 Feet 10
DATE :02/14/2022
W E B : w w w . h y a l i t e e n g . c o m
2304 NORTH 7TH AVENUE STE. L B O Z E M A N , M T 5 9 7 1 8
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
LEGAL DESCRIPTION
Being a portion of a Park (7FM442 Plat) and a
portion of park of 1 Spring Meadow Subdivision,
located in the northwest 14 of Section 19,
Township 2 South, Range 6 East, P.M.M., city
of Bozeman, Gallatin County,Montana, and
being more particularly described as follows:
Commencing at the west 14 of Section 19,
thence EAST a distance of 1257.21 feet,
thence NORTH a distance of 184.87 feet to the
Point of Beginning
thence N 15°03'14" E a distance of 26.12 feet;
thence S 74°56'46" E a distance of 25.00 feet;
thence S 15°03'14" W a distance of 20.37 feet;
Thence along an non-tangent arc to the right,
19.88 feet said arc having a central angle of
3°25'35", and a radius of 332.50 feet.
thence N 89°14'24" w a distance of 5.78 feet, to
the Point of Beginning
Said easement contains 0.01 acres (578 sq. ft)
more or less
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko,
Registered Land Surveyor, do hereby certify that
between 12/13/2021, and ____________,2022, I
surveyed, and described the herein easement as
shown.
DATED this ______ day of ____________, 2022.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
172
SECTION CORNER
SECTIONS 17,18,19,&20
FOUND 58" REBAR
(DOCUMENT # 175405)
LEGEND
US PUBLIC LANDS SURVEY
CORNER
FOUND MONUMENT AS
DESCRIBED
SET 12"x 24" REBAR WITH
YELLOW PLASTIC CAP
N 90°00'00" W (M)
4060.09' (M)NORTH2355.61' (M)N 89°55'14" W (M)
16.00' (M)N 00°04'46" E (M)33.17' (M)S 89°55'14" E (M)
16.00' (M)S 00°04'46" W (M)33.17' (M)EXISTING SIDEWALK
BZ003
12'x22'
EXISTING CURB
S 89°55'14" E (M)
530.91' (M)
FOUND YPC
M:\213741\Drawings\BZ003.dwgBZ003 EASEMENT
EXHIBIT "D"
213741JOB NUMBER :
SHEET :
SCALE :AS NOTED
1 OF 10 Feet 10
DATE :01/03/2022
W E B : w w w . h y a l i t e e n g . c o m
2304 NORTH 7TH AVENUE STE. L B O Z E M A N , M T 5 9 7 1 8
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
LEGAL DESCRIPTION
Being a portion of City Park, Thompson
Addition No. 4, located in the southwest 1/4,
Section 18 Township 2 South, Range 6 East,
P.M.M., City of Bozeman, Gallatin
County,Montana, and being more particularly
described as follows:
Commencing at the southeast corner Section
18, thence WEST a distance of 4060.09 feet,
thence NORTH a distance of 2355.61 feet to
the Point of Beginning
thence N 89°55'14" W a distance of 16.00 feet;
thence S 00°04'46" W a distance of 33.17 feet;
thence N 89°55'14" W a distance of 16.00 feet;
thence S 00°04'46" E a distance of 33.17 feet,
to the Point of Beginning
Said easement contains 0.01 acres (531 sq. ft)
more or less
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko,
Registered Land Surveyor, do hereby certify that
between 12/13/2021, and ____________,2022, I
surveyed, and described the herein easement as
shown.
DATED this ______ day of ____________, 2022.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
173
14 SECTION CORNER
SECTIONS 11&14
NOTHING FOUND OR SET
ESTABLISHED BY CORNER RECORD
(DOCUMENT # 175405)
EXISTING SIDEWALK
BZ005
12'x22'
EXISTING CURB
FOUND YPC
LEGEND
UN PUBLIC LASDS SURVEY
CORNER
FOUND MONUMENT AS
DESCRIBED
SET 12"x 24" REBAR WITH
YELLOW PLASTIC CAP
WEST (M)
2587.81' (M)NORTH (M)1838.87' (M)S 89°40'45" E (M)
227.12' (M)N 89°40'45" W (M)
16.00' (M)N 00°19'15" E (M)36.71' (M)S 89°40'45" E (M)
16.00' (M)S 00°19'15" W (M)36.70' (M)FOUND YPC
M:\213741\Drawings\BZ005.dwgBZ005 EASEMENT
EXHIBIT "E"
213741JOB NUMBER :
SHEET :
SCALE :AS NOTED
1 OF 10 Feet 10
DATE :01/03/2022
W E B : w w w . h y a l i t e e n g . c o m
2304 NORTH 7TH AVENUE STE. L B O Z E M A N , M T 5 9 7 1 8
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
LEGAL DESCRIPTION
Being a portion of Lot 1, of the amended Plat of
the Tract B-1 of the Mended Van Horn
Subdivision (E-39_B), and Lot 4A of the
Amended Plat of the Van Horn Subdivision
E-39-C), located in the southwest 1/4, Section
11 Township 2 South, Range 6 East, P.M.M.,
City of Bozeman, Gallatin County,Montana, and
being more particularly described as follows:
Commencing at the south 1/4 corner Section
11, thence WEST a distance of 2587.81 feet,
thence NORTH a distance of 1838.87 feet to
the Point of Beginning
thence N 89°40'45" W a distance of 16.00 feet;
thence N 00°19'15" E a distance of 36.71 feet;
thence S 89°40'45" E a distance of 16.00 feet;
thence S 00°19'15" W a distance of 36.70 feet,
to the Point of Beginning
Said easement contains 0.01 acres (587 sq. ft)
more or less
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko,
Registered Land Surveyor, do hereby certify that
between 12/13/2021, and ____________,2022, I
surveyed, and described the herein easement as
shown.
DATED this ______ day of ____________, 2022.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
174
LEGEND
US PUBLIC LANDS SURVEY
CORNER
FOUND MONUMENT AS
DESCRIBED
SET 12"x 24" REBAR WITH
YELLOW PLASTIC CAP
SECTION CORNER
SECTIONS 3,4,9 & 10
FOUND BRASS CAP
IN MON BOX
EAST (M)
1177.05' (M)SOUTH (M)49.18' (M)N 89°47'06" W (M)
149.20' (M)
S 89°47'06" E (M)
73.04' (M)
S 89°47'06" E (M) 16.00' (M)S 00°12'54" W (M)49.37' (M)N 89°47'06" W (M)
16.00' (M)N 00°12'54" E (M)49.37' (M)FOUND OPC
FOUND OPC
BZ006
12'x22'
EXISTING SIDEWALK
M:\213741\Drawings\BZ006.dwgBZ006 EASEMENT
EXHIBIT "F"
213741JOB NUMBER :
SHEET :
SCALE :AS NOTED
1 OF 10 Feet 10
DATE :01/03/2022
W E B : w w w . h y a l i t e e n g . c o m
2304 NORTH 7TH AVENUE STE. L B O Z E M A N , M T 5 9 7 1 8
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
LEGAL DESCRIPTION
Being a portion of Park, Plat of Valley West
Subdivision Phase 3, located in the northwest 1/4,
Section 10, Township 2 South, Range 5 East,
P.M.M., City of Bozeman, Gallatin
County,Montana, and being more particularly
described as follows:
Commencing at the northwest 1/4 corner Section
10, thence EAST a distance of 1177.05 feet,
thence SOUTH a distance of 49.18 feet to the
Point of Beginning
thence S 89°47'06" E a distance of 16.00 feet;
thence S 00°12'54" W a distance of 49.37 feet;
thence N 89°47'06" W a distance of 16.00;
thence N 00°12'54" E a distance of 49.37 feet
feet, to the Point of Beginning
Said easement contains 0.02 acres (790 sq. ft)
more or less
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko,
Registered Land Surveyor, do hereby certify that
between 12/13/2021, and ____________,2022, I
surveyed, and described the herein easement as
shown.
DATED this ______ day of ____________, 2022.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
175
LEGEND
US PUBLIC LANDS SURVEY
CORNER
FOUND MONUMENT AS
DESCRIBED
SET 1
2"x 24" REBAR WITH
YELLOW PLASTIC CAP
SET PK NAIL IN ASPHALT
14 SECTION CORNER
SECTIONS 10 & 11
FOUND ALUMINUM
CAP
BZ007
12'x22'
EXISTING SIDEWALK
NORTH (M)1247.83' (M)WEST (M)
703.03' (M)
EXISTING ASPHALT
REST ROOM S 00°33'03" W (M)95.00' (M)N 00°33'03" E (M)95.00' (M)S 89°26'57" E (M)
15.00' (M)
15.00' (M)
N 89°26'57" W (M)
N 89°26'57" W (M)
568.66' (M)
S 89°26'57" E (M)
414.30' (M)
FOUND X
IN CONCRETE
FOUND
YPC FOUND X
IN CONCRETE
M:\213741\Drawings\BZ007.dwgBZ007 EASEMENT
EXHIBIT "G"
213741JOB NUMBER :
SHEET :
SCALE :AS NOTED
1 OF 10 Feet 20
DATE :01/03/2022
W E B : w w w . h y a l i t e e n g . c o m
2304 NORTH 7TH AVENUE STE. L B O Z E M A N , M T 5 9 7 1 8
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
LEGAL DESCRIPTION
Being a portion of Park Area 1,Amended Plat of
Park Area & a portion of Block 6 of the West Park
Manor, First Addition, located in the northeast 1/4,
Section 11, Township 2 South, Range 5 East,
P.M.M., City of Bozeman, Gallatin
County,Montana, and being more particularly
described as follows:
Commencing at the east 1/4 corner Section 11,
thence WEST a distance of 703.03 feet,
thence NORTH a distance of 1247.83 feet to the
Point of Beginning
thence N 89°26'57" W a distance of 15.00 feet;
thence N 00°33'03" E a distance of 95.00 feet;
thence S 89°26'57" E a distance of 15.00;
thence S 00°33'03" W a distance of 95.00 feet
feet, to the Point of Beginning
Said easement contains 0.03 acres (1425 sq. ft)
more or less
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko,
Registered Land Surveyor, do hereby certify that
between 12/13/2021, and ____________,2022, I
surveyed, and described the herein easement as
shown.
DATED this ______ day of ____________, 2022.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
176
SECTION CORNER
SECTIONS 2,3,10&11
FOUND BRASS CAP
IN MON BOX
BZ008
12'x22'
FOUND YPC
LEGEND
UN PUBLIC LASDS SURVEY
CORNER
FOUND MONUMENT AS
DESCRIBED
SET 12"x 24" REBAR WITH
YELLOW PLASTIC CAPNORTH (M)35.70' (M)EAST (M)
16.00' (M)SOUTH (M)41.65' (M)Δ=0°50'28"
R=1163.00' (M)
L=17.07' (M)
Δ=12°17'49"
R=1163.00' (M)
L=249.61' (M)
Δ=0°48'15"
R=1163.00' (M)
L=16.33' (M)
FOUND YPC
WEST (M)
1830.44' (M)NORTH (M)1212.85' (M)EXIS
T
I
N
G
S
I
D
E
W
A
L
K
M:\213741\Drawings\BZ008.dwgBZ008 EASEMENT
EXHIBIT "H"
213741JOB NUMBER :
SHEET :
SCALE :AS NOTED
1 OF 10 Feet 10
DATE :01/03/2022
W E B : w w w . h y a l i t e e n g . c o m
2304 NORTH 7TH AVENUE STE. L B O Z E M A N , M T 5 9 7 1 8
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
LEGAL DESCRIPTION
Being a portion of Public Park,plat of Oak
Springs Subdivision Phase 1, located in the
southeast 1/4, Section 3 Township 2 South,
Range 5 East, P.M.M., City of Bozeman,
Gallatin County,Montana, and being more
particularly described as follows:
Commencing at the southeast corner Section 3,
thence WEST a distance of 1830.44 feet,
thence NORTH a distance of 1212.85 feet to
the Point of Beginning
thence along a non tangent curve to right, a
distance of 17.07 feet, said curve have a central
angle of 00°50'28" and a length of 17.07 feet;
thence NORTH a distance of 35.70 feet;
thence EAST a distance of 16.00 feet;
thence SOUTH a distance of 41.65 feet, to the
Point of Beginning
Said easement contains 0.01 acres (619 sq. ft)
more or less
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko,
Registered Land Surveyor, do hereby certify that
between 12/13/2021, and ____________,2022, I
surveyed, and described the herein easement as
shown.
DATED this ______ day of ____________, 2022.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
177
SECTION CORNER
SECTIONS 17,18,19,&20
FOUND 58" REBAR
(DOCUMENT # 175405)EXISTING SIDEWALKBZ009
12'x20'
LEGEND
US PUBLIC LANDS SURVEY
CORNER
FOUND MONUMENT AS
DESCRIBED
SET 12"x 24" REBAR WITH
YELLOW PLASTIC CAP
EAST (M)
62.48' (M)SOUTH (M)1139.38' (M)N 00°37'00" E (M)45.06' (M)S 00°37'00" W (M)511.20' (M)FOUND YPC
FOUND YPC S 00°37'00" W (M)25.00' (M)N 89°27'17" W (M)
24.49' (M)N 00°37'00" E (M)25.00' (M)S 89°27'17" E (M)
24.46' (M)M:\213741\Drawings\BZ009.dwgBZ009 EASEMENT
EXHIBIT "I"
213741JOB NUMBER :
SHEET :
SCALE :AS NOTED
1 OF 10 Feet 10
DATE :01/03/2022
W E B : w w w . h y a l i t e e n g . c o m
2304 NORTH 7TH AVENUE STE. L B O Z E M A N , M T 5 9 7 1 8
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
LEGAL DESCRIPTION
Being a portion of Block 1, Public Park Park,
Plat of Cattail Lake Subdivision, Phases 1 & 2,
located in the southwest 1/4, Section 26
Township 1 South, Range 5 East, P.M.M., City
of Bozeman, Gallatin County,Montana, and
being more particularly described as follows:
Commencing at the west 1/4 corner Section 26,
thence EAST a distance of 62.48 feet,
thence SOUTH a distance of 1139.38 feet to
the Point of Beginning
thence S 00°37'00" W a distance of 25.00 feet;
thence N 89°27'21" W a distance of 24.49 feet;
thence N 00°37'00" E a distance of 25.00 feet;
thence S 89°27'21" E a distance of 24.46 feet,
to the Point of Beginning
Said easement contains 0.01 acres (610 sq. ft)
more or less
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko,
Registered Land Surveyor, do hereby certify that
between 12/13/2021, and ____________,2022, I
surveyed, and described the herein easement as
shown.
DATED this ______ day of ____________, 2022.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
178
SECTION CORNER
SOUTHWEST SECTION 31
T1S R6 E
RE-ESTABLISHED BY
CCR Book 3 PG 395
BZ010
12'x22'
LEGEND
US PUBLIC LASDS SURVEY
CORNER
FOUND MONUMENT AS
DESCRIBED
SET 1
2"x 24" REBAR WITH
YELLOW PLASTIC CAP
A
S
P
H
A
L
T
T
R
A
I
L
EAST (M)
843.66' (M)NORTH (M)870.59' (M)S 84°46'27" E (M)
26.00' (M)S 05°13'33" W (M)15.00' (M)S 25°59'09" W (M)55.08' (M)N 25°59'09" E (M)37.71' (M)N 05°13'33" E (M)15.00' (M)Δ=3°15'29"
R=450.97' (M)
L=25.64' (M)
Δ=20°56'51"
R=450.97' (M)
L=164.88' (M)
Δ=20°06'30"
R=450.97' (M)
L=158.27' (M)
FOUND YPC
FOUND YPC
EXISTING FENCE
M:\213741\Drawings\BZ010.dwgBZ010 EASEMENT
EXHIBIT "J"
213741JOB NUMBER :
SHEET :
SCALE :AS NOTED
1 OF 10 Feet 10
DATE :01/03/2022
W E B : w w w . h y a l i t e e n g . c o m
2304 NORTH 7TH AVENUE STE. L B O Z E M A N , M T 5 9 7 1 8
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
LEGAL DESCRIPTION
Being a portion of Parcel 3: Park , Minor
Subdivision #154A, located in the southwest 14,
Section 31 Township 1 South, Range 6 East,
P.M.M., City of Bozeman, Gallatin
County,Montana, and being more particularly
described as follows:
Commencing at the southwest corner Section
31, thence North a distance of 870.59 feet,
thence EAST a distance of 843.66 feet to the
Point of Beginning
thence S 84°46'27" E a distance of 26.00 feet;
thence S 05°13'33" W a distance of 15.00 feet;
thence S 25°59'09" W a distance of 55.08 feet;
thence along a non tangent curve to left, a
distance of 25.64 feet, said curve have a
Central Angle of 03°15'29" and a Radius of
450.97 feet;
thence N 25°59'09" E a distance of 37.71 feet;
thence N 05°13'33" E a distance of 15.00 feet,
to the Point of Beginning
Said easement contains 0.03 acres (1515 sq. ft)
more or less
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko,
Registered Land Surveyor, do hereby certify that
between 12/13/2021, and ____________,2022, I
surveyed, and described the herein easement as
shown.
DATED this ______ day of ____________, 2022.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
179
BZ011
12'x20'
LEGEND
US PUBLIC LANDS SURVEY
CORNER
FOUND MONUMENT AS
DESCRIBED
SET 12"x 24" REBAR WITH
YELLOW PLASTIC CAP
NOTE: BOUNDARY ESTABLISHED FROM
MONUMENTS ON WESTERLY SIDE OF
25TH AVENUE SOUTH (M)2244.93' (M)EAST (M)
419.37' (M)
SECTION CORNER
SECTIONS 2&35
FOUND BRASS CAP
IN MON BOX
S 27°56
'16
"
E
(M
)24.00
'
(M
)
S 62°
0
3'
4
4
"
W (
M
)
36.82' (
M
)
N 62°0
3'
4
4
"
E
(
M)
37.23' (
M)
Δ=3°11'56"
R=430.00' (M)
LENGTH=24.01' (M)EXIST
ING
S
IDEWALK
M:\213741\Drawings\BZ011.dwgBZ011 EASEMENT
EXHIBIT "K"
213741JOB NUMBER :
SHEET :
SCALE :AS NOTED
1 OF 10 Feet 10
DATE :01/03/2022
W E B : w w w . h y a l i t e e n g . c o m
2304 NORTH 7TH AVENUE STE. L B O Z E M A N , M T 5 9 7 1 8
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
LEGAL DESCRIPTION
Being a portion of Rose Park, Plat of Annie
Subdivision, Phases 2, located in the northeast
1/4, Section 2, Township 1 South, Range 5
East, P.M.M., City of Bozeman, Gallatin
County,Montana, and being more particularly
described as follows:
Commencing at the north 1/4 corner Section 2,
thence EAST a distance of 419.37 feet,
thence SOUTH a distance of 2244.93 feet to
the Point of Beginning
thence S 27°56'16" E a distance of 24.00 feet;
thence S 62°03'44" W a distance of 36.82 feet;
thence along a non tangent arc to the left for
24.01 feet, said arc having a radius of 430.00
feet, and a central angle of 3°11'56"
thence N 62°03'44" E a distance of 37.23 feet,
to the Point of Beginning
Said easement contains 0.02 acres (886 sq. ft)
more or less
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko,
Registered Land Surveyor, do hereby certify that
between 12/13/2021, and ____________,2022, I
surveyed, and described the herein easement as
shown.
DATED this ______ day of ____________, 2022.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
180
BZ01212'x22'LEGENDUS PUBLIC LANDS SURVEYCORNERFOUND MONUMENT ASDESCRIBEDSET 12"x 24" REBAR WITHYELLOW PLASTIC CAPS 89°15'39" E 362.00'N 89°15'39" W 362.00'N 00°44'21" E16.00'S 00°44'21" W16.00'SOUTH1918.77'EAST293.56'14 SECTION CORNERSECTIONS 1&6FOUND BRASS CAPIN MON BOXSHEDEXISTING CONCRETENORTH GRAND AVEN 01°00'53" E9.24'P.O.B.M:\213741\Drawings\BZ012.dwg
BZ012 EASEMENTEXHIBIT "L"213741JOB NUMBER :SHEET :SCALE :AS NOTED1 OF 10 Feet 40DATE :01/03/2022W E B : w w w . h y a l i t e e n g . c o m2304 NORTH 7TH AVENUE STE. LB O Z E M A N , M T 5 9 7 1 8P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5LEGAL DESCRIPTIONBeing a portion of Lot 24, Block 34, Imes Additionto Bozeman, located in the southwest 1/4, Section6, Township 2 South, Range 6 East, P.M.M., Cityof Bozeman, Gallatin County,Montana, and beingmore particularly described as follows:Commencing at the east 1/4 corner Section 6,thence SOUTH a distance of 1918.77 feet,thence EAST a distance of 293.56 feet to thePoint of Beginningthence S 89°15'39" E a distance of 362.00 feet;thence S 00°44'21" W a distance of 16.00 feet;thence N 89°15'39" W a distance of 362.00 feet;thence N 00°44'21" E a distance of 16.00 feet;to the Point of BeginningSaid easement contains 0.13 acres (5792 sq. ft)more or lessCERTIFICATE OF SURVEYORI, the undersigned, Shannon J. Marinko,Registered Land Surveyor, do hereby certify thatbetween 12/13/2021, and ____________,2022, Isurveyed, and described the herein easement asshown.DATED this ______ day of ____________, 2022.Shannon J. Marinko #LS-14456Hyalite Engineers, PLLC.181
BZ013
12'x22'
LEGEND
US PUBLIC LANDS SURVEY
CORNER
FOUND MONUMENT AS
DESCRIBED
SET 1
2"x 24" REBAR WITH
YELLOW PLASTIC CAP
NOTE: BOUNDARY ESTABLISHED FROM
MONUMENTS ON SOUTH SIDE OF ASPEN
STREET
EXISTING CURB S 00°53'22" E (M)25.92' (M)S 89°06'38" W (M)
16.00' (M)N 00°53'22" W (M)25.93' (M)EAST
2244.35' (M)SOUTH (M)1824.10' (M)EXISTING
BUILDING
SECTION CORNER
SECTIONS 2&35
FOUND BRASS CAP
IN MON BOX
P.O.B.
N 89°06'38" E (M)
16.00' (M)M:\213741\Drawings\BZ013.dwgBZ013 EASEMENT
EXHIBIT "M"
213741JOB NUMBER :
SHEET :
SCALE :AS NOTED
1 OF 10 Feet 10
DATE :01/03/2022
W E B : w w w . h y a l i t e e n g . c o m
2304 NORTH 7TH AVENUE STE. L B O Z E M A N , M T 5 9 7 1 8
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
LEGAL DESCRIPTION
Being a portion of Lots 11 and 12, Block 29, of
the Imes Addition to Bozeman, located in the
southwest 1/4, Section 6, Township 2 South,
Range 6 East, P.M.M., City of Bozeman,
Gallatin County,Montana, and being more
particularly described as follows:
Commencing at the east 1/4 corner Section 6,
thence EAST a distance of 2244.35 feet,
thence SOUTH a distance of 1824.10 feet to
the Point of Beginning
thence N 89°06'38" E a distance of 16.00 feet;
thence S 00°53'22" E a distance of 25.92 feet;
thence S 89°06'38" W a distance of 16.00 feet,
thence N 00°53'22" W a distance of 25.93 feet
to the Point of Beginning
Said easement contains 0.01 acres (415 sq. ft)
more or less
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko,
Registered Land Surveyor, do hereby certify that
between 12/13/2021, and ____________,2022, I
surveyed, and described the herein easement as
shown.
DATED this ______ day of ____________, 2022.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
182
BZ014
12'x22'
LEGEND
US PUBLIC LANDS SURVEY
CORNER
FOUND MONUMENT AS
DESCRIBED
SET 12"x 24" REBAR WITH
YELLOW PLASTIC CAP
NOTE: BOUNDARY ESTABLISHED FROM
MONUMENTS ON WEST SIDE OF 5TH
AVENUE
EXISTING SIDEWALK
14 SECTION CORNER
SECTIONS 12&13
FOUND BRASS CAP
IN MON BOX NORTH (M)84.76' (M)EAST (M)
2158.63' (M)
N 89°39'07" W (M)
32.83' (M)S 00°20'53" W (M)16.00' (M)S 89°39'07" E (M)
32.83' (M)N 00°20'53" E (M)16.00' (M)9.69' (M)FND 34" IRON PIPEEXISTING SIDEWALKP.O.B.M:\213741\Drawings\BZ014.dwgBZ014 EASEMENT
EXHIBIT "N"
213741JOB NUMBER :
SHEET :
SCALE :AS NOTED
1 OF 10 Feet 10
DATE :01/03/2022
W E B : w w w . h y a l i t e e n g . c o m
2304 NORTH 7TH AVENUE STE. L B O Z E M A N , M T 5 9 7 1 8
P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5
LEGAL DESCRIPTION
Being a portion of Lots 13, Block 46, of the
Park Addition to Bozeman, located in the
southeast 1/4, Section 12, Township 2 South,
Range 5 East, P.M.M., City of Bozeman,
Gallatin County,Montana, and being more
particularly described as follows:
Commencing at the south 1/4 corner Section 6,
thence EAST a distance of 2158.63 feet,
thence NORTH a distance of 84.76 feet to the
Point of Beginning
thence N 00°20'53" E a distance of 16.00 feet;
thence S 89°39'07" E a distance of 32.83 feet;
thence S 00°20'53" W a distance of 16.00 feet,
thence N 89°39'07" W a distance of 32.83 feet
to the Point of Beginning
Said easement contains 0.01 acres (525 sq. ft)
more or less
CERTIFICATE OF SURVEYOR
I, the undersigned, Shannon J. Marinko,
Registered Land Surveyor, do hereby certify that
between 12/13/2021, and ____________,2022, I
surveyed, and described the herein easement as
shown.
DATED this ______ day of ____________, 2022.
Shannon J. Marinko #LS-14456
Hyalite Engineers, PLLC.
183
BZ01512'x20'LEGENDUS PUBLIC LANDS SURVEYCORNERFOUND MONUMENT ASDESCRIBEDSET 12"x 24" REBAR WITHYELLOW PLASTIC CAPNOTE: BOUNDARY ESTABLISHED FROMMONUMENTS ON NORTH SIDE OFDURSTON ROADN 00°01'22" W (M)16.00' (M)N 89°58'38" E (M)46.00' (M)N 00°01'22" W (M)22.49' (M)N 89°58'38" E (M)16.00' (M)S 00°01'22" E (M)38.49' (M)S 89°58'38" W (M)62.00' (M)SOUTH (M)87.97' (M)EAST (M)1320.06' (M)SECTION CORNERSECTIONS 2&35FOUND BRASS CAPIN MON BOXEXISTING SIDEWALKEXISTING CONCRETEEXISTING CONCRETEEXISTING CONCRETEEXISTING CONCRETEM:\213741\Drawings\BZ015.dwg
BZ015 EASEMENTEXHIBIT "O"213741JOB NUMBER :SHEET :SCALE :AS NOTED1 OF 10 Feet 10DATE :01/03/2022W E B : w w w . h y a l i t e e n g . c o m2304 NORTH 7TH AVENUE STE. LB O Z E M A N , M T 5 9 7 1 8P H O N E : ( 4 0 6) 5 8 7 - 2 7 8 1 F A X : ( 4 0 6 ) 5 2 2 - 9 2 2 5LEGAL DESCRIPTIONBeing a portion of Bronken Park, Final Plat forValley West Subdivision, located in thenortheast 1/4, Section 9, Township 2 South,Range 5 East, P.M.M., City of Bozeman,Gallatin County,Montana, and being moreparticularly described as follows:Commencing at the north 1/4 corner Section 9,thence SOUTH a distance of 87.97 feet,thence EAST a distance of 1320.06 feet to thePoint of Beginningthence N 00°01'22" W a distance of 16.00 feet;thence N 89°58'38" E a distance of 46.00 feet;thence N 00°01'22" W a distance of 22.49 feet;thence N 89°58'38" E a distance of 16.00 feet;thence S 00°01'22" E a distance of 38.49 feet;thence S 89°58'38" W a distance of 62.00 feet,to the Point of BeginningSaid easement contains 0.03 acres (1352 sq. ft)more or lessCERTIFICATE OF SURVEYORI, the undersigned, Shannon J. Marinko,Registered Land Surveyor, do hereby certify thatbetween 12/13/2021, and ____________,2022, Isurveyed, and described the herein easement asshown.DATED this ______ day of ____________, 2022.Shannon J. Marinko #LS-14456Hyalite Engineers, PLLC.184
C
B
D
E
N
G
O F
H
K
L M
J
I
0 1 20.5 Miles
Yellowstone Fiber Hut Locations
Parks
I90
Durston
Oak
Baxter
Main
Oak
Huffine College
Kagy
Peach
Graf
Bridger
19thN 7thStucky
Babcock
19thS WillsonChurchS 11thDavisCottonwoodFergusonHighlandRouseYellowstone
Fiber Hut Locations
This map was created by the City of Bozeman GIS Department
on 4/20/2022 and is intended for planning purposes only.
I90
Exhibit B – Enterprise Park
Exhibit C – Graf Park
Exhibit D – Langhor Gardens
Exhibit E – Bozeman Pond North
Exhibit F – Valley West Park
Exhibit G – Kirk Park
Exhibit H – Oak Springs Park
Exhibit I – Cattail Lake Park
Exhibit J – Glen Lake Rotary Park
Exhibit K – Rose Park
Exhibit L – Centennial Park
Exhibit M – SW Corner of City owned
lot adjacent to the City Shop Complex
Exhibit N – Southside Park
Exhibit O – Bronken Park 185
Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
John Alston, Director of Utilities
SUBJECT:Resolution 5398 Adopting the City of Bozeman 2022 Drought Management
Plan
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:I hereby move that the City Commission pass, adopt and approve Resolution
5398, approving the adoption of the 2022 Drought Management Plan.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:The Drought Management Plan (Plan) sets forth a complete roadmap to
prepare for impacts from drought events, and includes measures to be
implemented for short-term response to drought events. This proactive
planning effort establishes a framework that protects the health and safety
of the community and efficiently and cost-effectively reduces economic
impacts from drought.
The Plan outlines four drought stages and response measures. Drought
stages increase in severity from stage one to stage four. Response measures
become increasingly restrictive as drought stages increase. Generally, the
Plan calls for voluntary water conservation during stage one, time of day and
day of week watering restrictions during stage two, a lawn watering ban in
stage three, and water rationing in stage four. Drought communications
increase in scope and frequency depending on the declared drought stage.
The City’s 2017 Drought Management Plan was developed by the Water
Conservation Division and the engineering firm of AE2S, in conjunction with
the 2017 Drought Management Team - a group of City and County
emergency management staff and local water resource and drought experts.
The 2017 Plan includes drought severity indicators, drought response
actions, response measures and program enforcement. It also calls for
updates every five years, and/or when the City identifies opportunities to
improve drought monitoring and response protocols that strengthen
community drought resilience.
186
Since adopting the 2017 Plan, the City has implemented a stage two drought
declaration with corresponding response measures, and adopted a drought
reserve and surcharge rate structure to lessen financial impacts from
drought events. Although the 2021 stage two drought declaration was
successful in achieving the associated stage two water use reduction target,
City staff identified opportunities for improving preparation and response to
future drought declarations. This includes:
• Revising the drought declaration process, including granting the City
Manager authority to declare drought events by administrative order;
• Adjusting the data weighting factors in the drought monitoring tool to
better capture local water supply availability at any given time;
• Allowing for discretionary guidance to ensure that the City can
appropriately protect the availability of water from the City’s water utility in
recognition of the fact that each drought event is unique and may require
specific monitoring and response protocols in order to achieve a system-
wide water use reduction target;
• Expanding the drought management team to include communication
experts from various organizations to ensure consistent and accurate
drought messaging throughout the community; and
• Amending the City’s drought contingency response ordinance to better
reflect current practices and policies outlined in the 2022 Drought
Management Plan.
The 2022 Drought Management Plan also includes information about current
drought surcharge and reserve rates, which were adopted by Resolution
5273 on September 14, 2021.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:None.
Attachments:
Resol. 5398_2022 Drought Management Plan.pdf
2022 Drought Management Plan FINAL.pdf
Report compiled on: April 21, 2022
187
Version April 2020
Resolution 5398 - Page 1 of 3 -
RESOLUTION 5398
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ADOPTING THE 2022 CITY OF BOZEMAN DROUGHT MANAGEMENT
PLAN
WHEREAS, the Bozeman City Commission is authorized, pursuant to Mont. Code Ann.
§ 7-13-4402 (2021), to adopt, enter into, and carry out means for securing a supply of water for
the use of the City and its inhabitants; and
WHEREAS, the City of Bozeman is responsible for providing current and future
customers with a reliable, sustainable, and cost-effective supply of high quality drinking water at
all times and is committed to making the highest and best use of our local water resources; and
WHEREAS, the City of Bozeman is authorized, pursuant to the Bozeman Municipal
Code Section 40.02.1290 – 40.02.1360, to implement outdoor and indoor watering restrictions,
prohibit water waste, and provide for the enforcement of said restrictions and prohibitions and
penalties; and
WHEREAS, Bozeman is a semi-arid, headwaters community dependent on limited water
supplies that are subject to impacts from drought; and
WHEREAS, drought events, population growth, and impacts of climate change on water
supply yields, make Bozeman increasingly susceptible to water supply reliability challenges; and
WHEREAS, the City of Bozeman determined that water use efficiency and conservation
programs, which are key components of its sustainable resource management strategy, are a
significant source of generating additional water supplies needed to meet current and future
demands; and
WHEREAS, on September 14, 2021, the City Commission adopted Resolution 5273,
which established the imposition of drought surcharge rates on water customer utility bills during
periods in which a drought declaration is active in order to ensure water utility revenues are
adequate to preserve essential public services, and the health, safety, and general welfare of the
188
Version April 2020
Resolution 5398 - Page 2 of 3 -
community; and
WHEREAS, it is necessary for the City to declare a drought immediately upon recognizing
drought conditions in order to ensure adequate water supplies for essential uses, and responsible
management of the water utility as a whole; and
WHEREAS, an immediate drought declaration and response is best achieved by
empowering the City Manager to declare a drought by administrative order; and
WHEREAS, the City refined and improved its methodology for evaluating local water
supply and national drought data included in the City’s drought monitoring tool; and
WHEREAS, because each drought event is unique and may require specific monitoring
and response protocols in order to achieve a system-wide water use reduction target, the 2022
Drought Management Plan provides the City with discretionary guidance to ensure that the City
can appropriately protect the availability of water from the City’s water utility; and
WHEREAS, the City expanded the role of the Drought Management Team to include
communication professionals throughout the community; and
WHEREAS, during the May 3, 2022 City Commission meeting, the City Commission
provisionally adopted Ordinance 2110 to reflect updates to the City’s drought declaration
authority, drought surcharge implementation, drought-related outdoor watering restrictions, and
restrictions on specific indoor uses.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, to wit:
Section 1
The City Commission of the City of Bozeman adopts the 2022 Drought Management Plan
which reflects updates to the 2017 Drought Management Plan including revisions to the City’s
drought declaration authority and process, drought monitoring tool, drought surcharge and reserve
rate structure, drought management team, and drought contingency response ordinance.
Section 2
A copy of the 2022 Drought Management Plan is attached as Exhibit "A" and incorporated
into this Resolution.
189
Version April 2020
Resolution 5398 - Page 3 of 3 -
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____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
190
191
2
Table of Contents
1 INTRODUCTION ................................................................................................................ 6
1.1 Drought Management Plan Objectives ................................................................................. 7
1.2 Drought Management Plan Components ............................................................................. 7
1.3 Defining Drought ................................................................................................................... 7
1.4 Water Supplies ...................................................................................................................... 8
1.5 Strategic Water Reserve........................................................................................................ 9
1.6 Long Term Drought Mitigation Efforts .................................................................................. 9
1.7 Drought Communications ................................................................................................... 10
2 DROUGHT SEVERITY INDICATORS ................................................................................... 11
2.1 Vulnerability Assessment .................................................................................................... 11
2.1.1 Drought History ......................................................................................................... 11
2.1.2 Potential Climate Change Impacts ............................................................................ 13
2.1.3 Wildfire Risks and Impacts ........................................................................................ 16
2.1.4 Population Growth .................................................................................................... 18
2.1.5 Increased Summer Water Usage .............................................................................. 18
2.1.6 Requirements of Neighboring Water Users .............................................................. 19
2.2 Drought Monitoring ............................................................................................................ 19
2.2.1 Local Indicators ......................................................................................................... 20
2.3 Drought Monitoring and Response ..................................................................................... 26
2.4 Uncertainty Associated with Forecasts ............................................................................... 28
3 DROUGHT RESPONSE ACTIONS ....................................................................................... 28
3.1 Increasing Water Supply ..................................................................................................... 29
3.2 Reducing Water Use ............................................................................................................ 29
3.3 Monitoring, Evaluation and Declaration ............................................................................. 29
3.4 Water Use Restrictions ....................................................................................................... 31
3.5 Water Use Education .......................................................................................................... 31
192
3
3.5.1 Communications Campaign ........................................................................................ 32
3.6 Drought Management for Master Meter Customers ......................................................... 32
3.7 Drought Surcharge Rates ...................................................................................................... 33
3.7.1 Drought Reserve Rate ................................................................................................. 34
3.8 Drought Stages .................................................................................................................... 34
3.8.1 Stage 1 - Drought Watch: Customer Outreach ......................................................... 35
3.8.2 Stage 2 - Drought Advisory: Mandatory Watering Restrictions ............................... 36
3.8.3 Stage 3 - Drought Warning: Ban on Targeted Water Uses ....................................... 37
3.8.4 Stage 4 - Drought Emergency: Rationing .................................................................. 39
4 DROUGHT RESPONSE PROGRAM MEASURES .................................................................. 40
5 DROUGHT RESPONSE PROGRAM ENFORCEMENT ............................................................ 45
5.1 Drought Management Plan Updates .................................................................................. 46
193
4
List of Figures
Figure 1-1: Regional Map of the City of Bozeman's Water Supply Sources ....................................... 8
Figure 2- 1: Palmer Drought Severity Index for the United States (1895-1995) .............................. 12
Figure 2- 2: Historical Streamflow and Snow Water Equivalent Trends from the Tree Ring Data for
the Upper Missouri Basin ................................................................................................................. 13
Figure 2- 3: Monthly Palmer Drought Severity Index (PDSI) for Bozeman Region (Jan 2000-Feb
2022) ................................................................................................................................................. 14
Figure 2- 4: Future Climate Trend Consisting of Natural Variability and Climate Change ............... 14
Figure 2- 5: Historical and Projected April Snow for Missouri River Headwaters Region (Mean
Mode) ............................................................................................................................................... 15
Figure 2- 6: Northern Gallatin Snowpack Snow Water Equivalent .................................................. 16
Figure 2- 7: Relative Increased Risk of Very Large Wildfires in Contiguous United States .............. 17
Figure 2- 8: City of Bozeman Population Growth from 1950 to 2020 .............................................. 18
Figure 2- 9: City of Bozeman Average Monthly Water Demand by Customer Class (2016-2020). .. 19
Figure 2- 10: Hyalite/Middle Creek Reservoir Historic Minimum and Maximum Storage Volumes
(1951 – 2015) .................................................................................................................................... 21
Figure 2- 11: Gallatin River Watershed ............................................................................................ 22
Figure 2- 12: Location of Bozeman Area SNOTELs ........................................................................... 23
List of Tables
Table 2- 1: Recommended Additional/Future Local Monitoring Locations ..................................... 24
Table 2- 2: Drought Severity Categories and Inputs for the U.S. Drought Monitor ......................... 25
Table 2- 3: October-June Indicators for Monitoring in Relation to Response Stages ...................... 27
Table 2- 4: July- September Drought Indicators for Monitoring in Relation to Response Stages ... 27
Table 3- 1: Drought Surcharge Rates by Customer Class ................................................................. 34
Table 3- 2: Distribution System Wide Water Reduction Targets During Declared Drought Stages. 35
Table 3- 3: Drought Tool Indicators, Seasonal Weighting Factors, and Percent Exceedance for a
Stage 1 Drought ................................................................................................................................ 35
194
5
Table 3- 4: Drought Tool Indicators, Seasonal Weighting Factors, and Percent Exceedance for a
Stage 2 Drought ................................................................................................................................ 36
Table 3- 5: Drought Tool Indicators, Seasonal Weighting Factors, and Percent Exceedance for a
Stage 3 Drought ................................................................................................................................ 38
Table 3- 6: Drought Tool Indicators, Seasonal Weighting Factors, and Percent Exceedance for a
Stage 4 Drought ................................................................................................................................ 39
Table 4- 1: Outdoor Watering and New Vegetation Installation Recommended Response
Measures .......................................................................................................................................... 41
Table 4- 2: Water Feature Recommended Response Measures ...................................................... 42
Table 4- 3: Washing Events Recommended Response Measures .................................................... 42
Table 4- 4: Commercial-Institutional Recommended Response Measures ..................................... 43
Appendices
Appendix A: Drought Management Team … ................................................................................ 47
Appendix B: Drought Monitoring Tool and Dashboard Snapshot ................................................. 49
Appendix C: Drought Monitoring Tool Calibration Snapshots ...................................................... 50
Appendix D: Bozeman Municipal Code Outdoor Water Use Restrictions and Drought Contingency
Response ....................................................................................................................................... 52
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1 INTRODUCTION
The Drought Management Plan is designed to maximize available water supplies and reduce water use
during times of shortage and provide guidelines the City of Bozeman will use to manage water supply and
water use during drought. The guidelines are designed to maintain the health, safety and economic vitality
of the community; to avoid adverse impacts to public activity and quality of life for the community; and
to consider individual customer needs as much as possible to the greatest extent possible in the face of
water shortages.
Because each drought is different, it is not practical to develop a set of hard-and-fast rules to apply to all
droughts. Rather, these guidelines are intended to provide a framework for timely drought response while
maintaining flexibility to respond to unique drought conditions. These guidelines are intended to assist
the City Manager in making decisions throughout the course of a drought. The City Manager may adjust
or refine the response based on actual drought conditions.
Drought is a natural occurring phenomenon that may affect any climate zone in any part of the world at
a given time. Depending on drought severity and characteristics of the area, the repercussions of drought
can be significant - impacting local economies, disrupting quality of life, and disturbing the health and
welfare of a population and its environment.1
Chronic drought is a part of the Gallatin Valley’s history and is of particular concern to the City of Bozeman
as the City has experienced rapid growth in recent decades. The impact of drought on Bozeman is further
compounded by its location in the headwaters of the Gallatin River watershed, the susceptibility of the
City’s source waters to drought conditions and limited water storage.
This Plan was designed with input from the 2017 City of Bozeman Drought Management Team and
community stakeholders. The Drought Management Team was revised in 2022 to include additional
members of City staff and other organizations in the Gallatin Valley in order to increase the effectiveness
of drought communications. Drought Team members comprise a diverse group of water supply and
communications experts to aid in data driven decision making and ensure adequate and consistent
drought messaging and communications throughout organizations across the Gallatin Valley. Team
members are identified in Appendix A. Select City staff included in the City of Bozeman Drought
Management Team represent key decision makers who, together, will make recommendations to the City
Manager regarding drought declaration and pursuant response measures.
The Plan is based on an analysis of Bozeman’s climate and available water supplies, a review of other
drought plans from across the United States and lessons learned from past drought events in communities
throughout the Western United States. This Drought Management Plan should be updated regularly to
ensure that it addresses current conditions and will be administered by the City of Bozeman’s Utility
Department staff.
1 https://www.ncdc.noaa.gov/news/drought-monitoring-economic-environmental-and-social-impacts
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1.1 Drought Management Plan Objectives
Preserve essential public services during any level of drought severity.
Reduce adverse impacts on public health, safety, economic activity, environmental resources, and
quality of life during a drought event.
Provide a complete but flexible roadmap to guide implementation and enforcement of the Drought
Management Plan.
Develop an effective public communications strategy to raise the level of drought awareness
throughout the community and to provide sufficient information about the importance of drought
preparedness and response and the public’s role in the effective implementation of the response
measures set forth in the Plan.
Coordinate drought management with the City of Bozeman’s water supply planning and demand
management efforts and regional policies and planning initiatives. This includes City, County, and
State laws and regulations, the City of Bozeman’s water conservation program and Gallatin County’s
Hazard Mitigation and Emergency Response Plans.
1.2 Drought Management Plan Components
Drought Severity Indicators (Vulnerability Assessment and Drought Monitoring) – Factors that should be
considered in choosing appropriate drought response.
Drought Mitigation and Response Actions – Guidelines for generating additional water supplies and
reducing water use during times of drought.
Drought Response Program – Strategies for reducing water use during each stage of drought and
enforcement actions for violations. The authority to enforce response measures and water reduction
targets provided in the Plan is provided for in the Bozeman Municipal Code and can result in fines or, in
some cases, the potential for water shut offs.
1.3 Defining Drought
While drought is a widely-used term, there is no single universally-accepted definition of drought. From a
meteorological perspective, drought is defined as an extended period of below average precipitation for a
given region. Hydrologic drought refers to reduced stream flows, reservoirs, lakes and groundwater to
below-normal levels and tends to lag behind the onset of low precipitation due to the buffering effects of
soil moisture, groundwater and snowpack. Droughts are most often discussed from this perspective when
water shortages begin to impact people in terms of water supply, loss of hydropower production, loss of
fisheries, agricultural production losses and food shortages. Thus, drought is most commonly thought of as
an interplay between climate and water-dependent processes. Often, drought is defined by its effects rather
than its causes.
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For the City of Bozeman, a drought is a condition of insufficient water supplies caused by deficits in
precipitation and hydrologic conditions. When the amount of water flowing in streams and into reservoirs
is less than average, the City of Bozeman should more closely monitor its water supply outlook. If continued
low stream flows stress water supplies, City staff will seek City Manager approval to implement the Drought
Management Plan. The extent and duration of implementation will depend on actual drought conditions.
Unfortunately, no one can predict how long drought conditions will last once they begin.
1.4 Water Supplies
Drought indicators are based on quantification of available water supplies which are set forth in the City
of Bozeman’s Integrated Water Resources Plan (IWRP) and the estimated amount of water available from
its collection system to meet customer demand.2 Figure 1-1 depicts Bozeman’s existing water supply
sources.
The water supply data set forth in the IWRP is incorporated into monitoring near and long-term water
availability, with the goal of providing a framework for predicting future drought probability, or confirming
the intensity of an existing drought. A robust monitoring plan is critical to recognize and respond as soon
as possible to the onset of a drought event. This is of particular importance in light of the fact that
2 City of Bozeman Integrated Water Resources Plan, EX-2 (2013).
Figure 1-1: Regional Map of the City of Bozeman's Water Supply Sources
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currently, year over year storage is not part of reservoir management practice, which can rapidly change
the severity of impacts from drought events.
As a part of this Drought Management Plan, it is recommended that upon approval by the Commission,
the City develop a strategic water reserve from Bozeman’s water supplies to provide protection against
circumstances such as climate change or drought conditions of greater severity than have been projected
to occur within the thirty year planning horizon.3 Implementation and operation of the strategic water
reserve will be determined by the Commission, subsequent to the adoption of this Plan.
1.5 Strategic Water Reserve
Strategic water reserves are volumes of water set aside by a utility or water purveyor for use in a drought
or other water shortage emergency. In recent years, several utilities have established water reserves to
provide water resiliency in the event of a prolonged or severe drought event.4 The development of a
strategic water reserve necessitates that water is set aside and removed from the accounting used to
determine the water supply available for additional population growth.
Consideration of a strategic water reserve is recommended for the City of Bozeman to reduce future
drought vulnerability. This reserve could comprise existing water rights stored from Hyalite Reservoir or
from aquifer storage, from water saved as a result of water conservation measures or established via
private agreement with interested parties. If a drought was especially severe and persistent, having a
drought reserve that could ensure enough water to provide minimum water usage to the next wet
weather period would be prudent. The volume of a reserve will be determined by the City Commission
after review of additional information specific to the City of Bozeman’s water supplies in order to
facilitate the development of a strategic water reserve.
The City is currently underway with the development of a water supply optimization study that includes
the examination of developing a strategic water reserve. The implementation of a strategic water
reserve will be determined by the City Commission after review of recommendations that result from
the water supply optimization study.
1.6 Long Term Drought Mitigation Efforts
The drought response actions set forth in this Plan should not be confused with long term drought
mitigation. The City of Bozeman engages in long term drought mitigation through on-going water
conservation efforts and supply projects outlined in Bozeman’s Integrated Water Resources Plan.
The City of Bozeman’s semi-arid climate requires water efficiency become a way of life. The City of
Bozeman’s Water Conservation Division has been effective in reducing water consumption and is
3 Id. At Appendix A: Climate Change Adjustments to Firm Yield and Demand for Bozeman, MT, Technical
Memorandum.
4 Examples include Albuquerque, Bernalillo County Water Utility Authority, Santa Fe, Denver Water, Truckee
Meadows Water Authority.
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committed to water efficiency and customer outreach. While the City of Bozeman has a separate Water
Conservation Division and water conservation savings goal, water conservation program development is
directly linked to drought mitigation. For more information about how water conservation is an integral
component of long-term drought management, and what the City is doing to increase water resiliency,
please visit www.bozemanwater.com.
Despite these long term water planning efforts, because of drought, there will be times when further
water use reductions are needed in addition to standard water conservation efforts. Drought restrictions
that are part of a response plan indicate urgency and are not intended for long-term application.
Because it is unknown how customers will respond during declared drought events, the reduction targets
presented in this Plan have been established based on documented achievable reductions in other
drought-prone communities in the Western United States, best practice and what is achievable and
necessary to mitigate economic impacts from drought and to preserve public health and safety.
1.7 Drought Communications
Drought communications are an integral component of this Plan and will be closely coordinated with the
Water Conservation Division to provide information regarding water resiliency and conservation.
Messaging should promote the importance of conserving water and achieving water savings in both
normal and drought years.
During non-drought years, drought communications should consist of resources and information
regarding customer-driven long-term drought mitigation efforts, general drought information and
drought preparedness tools to the community.
During a drought, the messages should increase in frequency and include information on the stages of
drought declared by the City Manager and the various response actions requested or required from
Bozeman residents in order to reduce impacts from drought.
Drought messaging should provide clear and effective drought information to water customers and the
media, adjust the scope of public education and outreach efforts pursuant to the drought stage, and
coordinate public communication efforts with county planning and hazard mitigation personnel, nearby
municipal entities, state agencies, and other conservation-focused organizations to convey, where
appropriate, a consistent drought message.
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2 DROUGHT SEVERITY INDICATORS
Drought severity indicators identify risks to critical resources during drought and the factors that
contribute to those risks. This Plan divides these indicators into two categories: (1) vulnerability
assessment and (2) drought monitoring. During a drought, the City Manager should consider drought
severity indicators in choosing the appropriate drought response actions. The Drought Response Actions
section below demonstrates how the drought severity indicators align with the suggested drought
response framework.
2.1 Vulnerability Assessment
Risks to critical water resources in the Bozeman area combine the frequency of occurrence, magnitude
and severity, and consequences of drought. The vulnerability assessment drives the development of
potential drought mitigation and response actions. Assessing the level of risk requires a review of past
drought impacts, and an analysis of historical water supply and water use trends which demonstrate how
trends may change over time.
The City of Bozeman is extremely vulnerable to drought due to a long history of drought in the region,
increased potential for impacts from climate change, increased risks for wildfire, rapid population growth,
dramatic increases in water use during the summer months, and the needs of other water users in the
watershed.
2.1.1 Drought History
Southwestern Montana has experienced severe drought in its recorded history and is located in a region
that is relatively prone to drought conditions according to historical Palmer Drought Severity Index data.
Figure 2-1 represents the historical Palmer Drought Severity Index. Based on the figure, southwestern
Montana has been in severe or extreme drought 15% to 19.9% of the time between 1895 and 1995, which
is significant given only two other areas of the continental U.S. in southwest Wyoming and south central
Colorado appear to be more susceptible to drought conditions.
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In addition, recent improvements in paleoclimate data examination using tree-ring analysis indicate that
more severe and prolonged droughts have occurred in the region than are reflected by recorded history.5
Figure 2-2 shows the historical snow water equivalent from tree ring data in the Upper Missouri Basin for
the last six hundred years. The historical data indicate that prolonged and severe drought in the area is
chronic, and the importance of adequately preparing for such periods via the adoption of this Drought
Management Plan is a necessary step to increasing water security for the City of Bozeman.
5 Ault, T. R., Cole, J. E., Overpeck, J. T., Pederson, G. T., & Meko, D. M. (2014). Assessing the risk of persistent
drought using climate model simulations and paleoclimate data. Journal of Climate, 27(20), 7529-7549; See also,
City of Bozeman Integrated Water Resources Plan (2013).
Figure 2- 1: Palmer Drought Severity Index for the United States (1895-1995)
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In the more recent past, the Bozeman area experienced moderate to extreme drought in several months
between 2000 and 2022. Figure 2-3 illustrates rainfall and temperature in the Bozeman region from 2000-
2022, and while it does not evaluate snowpack, it is still a very relevant illustration of water impacts in
Bozeman as late spring and early summer precipitation and evapotranspiration rates are strongly
correlated to the City’s water demand. 6
2.1.2 Potential Climate Change Impacts
Climate change models predict warming in the region and longer dry spells which could reduce snowfall
and result in earlier melting of the snowpack and increased evapotranspiration in the area.7 Even without
any changes in precipitation intensity, this could lead to a shift in peak stream runoff to early spring or
even late winter, away from the mid to late summer when water demand is greatest. Warming
temperatures could also cause more precipitation to occur in the form of rain instead of snow.
All of the City’s water supply sources are heavily reliant on snowpack, which has generally decreased in the
region since approximately 1980.8 Climate change models predict snowpack will decrease substantially in
6 National Drought Mitigation Center Drought Risk Atlas: http://droughtatlas.unl.edu/
7 Barnett, T. P., Adam, J. C., & Lettenmaier, D. P. (2005). Potential impacts of a warming climate on
water availability in snow-dominated regions. Nature, 438(7066), 303-309.
8 Pederson, G. T., S. T. Gray, C. A. Woodhouse, J. L. Betancourt, D. B. Fagre, J. S. Littell, E. Watson, B. H.
Luckman, and L. J. Graumlich (2011), The unusual nature of recent snowpack declines in the North American
Cordillera, Science, 333(6040), 332–335, doi:10.1126/science.
Figure 2- 2: Historical Streamflow and Snow Water Equivalent Trends from the Tree Ring Data for the Upper
Missouri Basin
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coming years due to early spring warming.9 Additionally, climate models demonstrate increased climate
variability rather than a linear trend due to a combination of climate change and natural variability as
shown in Figure 2-4.10
Figure 2- 3: Monthly Palmer Drought Severity Index (PDSI) for Bozeman Region (Jan 2000-Feb 2022)
Figure 2- 4: Future Climate Trend Consisting of Natural Variability and Climate Change
Climate variability must be taken into account with future consideration of drought management and
9 UW Climate Impacts Group – http://cses.washington.edu/cig/
10 Gray, S. T., Betancourt, J. L., Jackson, S. T., & Eddy, R. G. (2006). Role of multi-decadal climate variability in a range
extension of pinyon pine. Ecology, 87(5), 1124-1130.
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response due to the increased probability of long-term drought, and an increase in the magnitude and
related impacts of short-term drought. Due to current limitations on accounting for storage of water from
a previous water year and the reliance on snowpack, a severe short-term drought could have significant
impacts.
Figure 2-5 shows the historical April snowpack for the Missouri River Headwaters Region, as well as the
United States Geological Survey’s projection of future snowpack based on two levels of solar radiation.
Regardless of solar radiation levels, the overall estimates predict substantial reductions in April snowpack.
Figure 2-6 is a compilation of Hyalite snowpack snow water equivalent data (Shower Falls and Lick Creek
SNOTEL sites) and Bridger Mountain snowpack snow water equivalent data (Sacajawea and Brackett Creek
SNOTEL sites), with non-exceedance projections based on historical values depicted on the graph. The
term non-exceedance is used to describe a method of cumulative frequency analysis and refers to how
likely various changes in the current snowpack are to occur based on historical data. The graph in Figure
2-6 displays non-exceedance projections which correspond to the amount of time that the snowpack has
historically held more water on the same date as the current measurement.
The graph projects that over time the snowpack snow water equivalence will decrease as less snow water
is present in the snowpack, and what is present will melt earlier in the spring.
Regionally, early snowpack melt has been occurring with what appears to be increasing frequency.11 The
early occurrence of winter and spring snowmelt is anticipated to place increased strain on the adequacy
of the City of Bozeman’s water supplies in the late summer and fall months. The arrow in Figure 2-6
illustrates the predicted trend for future snowpack and timing of snowmelt.
11 Gregory T. Pederson, et al, (2011). Climatic Controls on the Snowmelt Hydrology of the Northern Rocky Mountains.
J. Climate, 24, 1666–1687.
Figure 2- 5: Historical and Projected April Snow for Missouri River Headwaters Region (Mean Mode)
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Figure 2- 6: Northern Gallatin Snowpack Snow Water Equivalent
2.1.3 Wildfire Risks and Impacts
Climate change models also predict increased wildfire frequency and duration, as well as longer wildfire
seasons.12 Wildfire risk has a tendency to follow drought conditions. All of the City’s watersheds
(Sourdough, Hyalite and Lyman) are forested and therefore susceptible to wildfire, which would likely
reduce the amount and quality of water available from the municipal watersheds for an extended period
of time. Nationally, wildfire already occurs with more frequency. A warming climate leads to increased
rates of evapotranspiration resulting in drier forests in the late summer and fall months. Figure 2-7 depicts
increased risks of very large wildfires in the contiguous United States.13
12 https://www.epa.gov/climate-indicators/climate-change-indicators-wildfires An, H., Gan, J., & Cho, S. J. (2015).
Assessing climate change impacts on wildfire risk in the United States. Forests, 6(9), 3197-3211.
13 Barbero, R.; Abatzoglou, J.T.; Larkin, N.K.; Kolden, C.A.; Stocks, B. (2015). Climate change presents increased
potential for very large fires in the contiguous United States. International Journal of Wildland Fire.
General future trend
predicted by climate
change models
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Wildfires negatively impact water sources by increasing ash and sediment mobilization, thus reducing
water quality as a result of ash and sediment-laden reservoirs and streams. A fire in the Hyalite watershed
could result in substantial increases in sediment deposition, reducing the capacity of Hyalite Reservoir.
Water utilities impacted by wildfire have reported that intense rains subsequent to a wildfire event caused
massive sediment accumulations that damaged infrastructure and resulted in power outages, long-term
reduction in source water quality, short-term contamination of drinking water sources, loss of source
water, and water demand in excess of water production.14 Due to the fact that Bozeman Creek and Hyalite
Creek watersheds are at risk of high severity fire, the City of Bozeman’s new water treatment plant was
specifically designed to function even with some sediment loading from a wildfire event. However, it is
not equipped to handle the aftermath of large and prolonged fires. As a result, fuel reduction measures
in these source watersheds are necessary to reduce wildfire impact severity.15
The City is currently underway with the Bozeman Municipal Watershed Fuels Reduction Project, a joint
effort between the City of Bozeman and Custer Gallatin National Forest, which aims to reduce forest fuel
14 Sham, C.H., Tuccillo, M.E., and Rooke, J. (2013). Effects of Wildfire on Drinking Water Utilities and Best Practices for
Wildlife Risk Reduction and Mitigation. Water Research Foundation, Web Report #4482.
15 City of Bozeman Source Water Protection Plan, Western Groundwater Services, Bozeman, 2004; USFS, Bozeman
Municipal Watershed Risk Assessment. Bozeman, MT, 2003.
Figure 2- 7: Relative Increased Risk of Very Large Wildfires in Contiguous United States
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loads. The project will help protect Bozeman’s drinking water supply and will increase public and
firefighter safety.
2.1.4 Population Growth
A rapidly growing population (3% to 6% growth rate in recent years) increases vulnerability to drought.
The City of Bozeman’s Integrated Water Resources Plan (IWRP) determined that without substantial
conservation Bozeman will likely experience a water supply and demand gap within the next 25 years.16
However, current growth trends and water use trends indicate that Bozeman may experience a water
supply and demand gap within the next 15 years. Figure 2-8 shows the population growth of Bozeman
from 1950 to 2021. Rapid population growth in an area without a large, stable raw water source (large
river, groundwater aquifer, or very large raw water reservoir) increases vulnerability to drought, unless
new sources are developed to accommodate growth.
2.1.5 Increased Summer Water Usage
Water usage significantly increases during the months of June, July, and August as a result of outdoor
watering. The peak summer demands for lawn watering are roughly 250% of the average winter demand.
During drought, lawns become drier, prompting homeowners to irrigate more, rather than less.
Figure 2-9 shows the average monthly water demand by water customer class from 2016 – 2020. When
evaluating water usage across all customer classes, summer demands are approximately 2.5 times higher
than winter demands. If the data represented in Figure 2-9 are disaggregated by year, a correlation
16 City of Bozeman Integrated Water Resources Plan (IWRP), Advanced Engineering and Environmental Services, 2013
-
10,000
20,000
30,000
40,000
50,000
60,000
195019611964196719701975197819811984198719901993199619992002200520082011201420172020PopulationYear
Figure 2- 8: City of Bozeman Population Growth from 1950 to 2021
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between monthly water demand and evapotranspiration becomes very apparent. Single family residents
use a high proportion of water for irrigation compared to other customer classes, and residents who irrigate
their lawn use more water during dry years than normal years. This practice will be reduced or curtailed as
a component of drought response set forth in this Plan.
Figure 2- 9: City of Bozeman Average Monthly Water Demand by Customer Class (2016-2020).
2.1.6 Requirements of Neighboring Water Users
Bozeman’s vulnerability to drought is further subject to the water needs of neighboring communities and
user groups. Agricultural interests, adjacent cities, towns and residential communities, and recreational
and environmental interests have rightful claims to water supplies in the Gallatin Valley and are
significantly impacted during drought.
Additional complications arise when drought is incorporated into the legal framework allocating water in
Montana. This structure is based on the doctrine of prior appropriation in which the date the water is
appropriated and placed to beneficial use determines the priority of the water right. The oldest or most
senior dates of appropriation are administered first. As a result, during times of shortage, priority
determines who is entitled to divert and use water. As increasing demands are placed on the finite amount
of water available, the risks for conflicts between water users increase. An effective Drought Management
Plan can reduce the likelihood for such conflicts.
2.2 Drought Monitoring
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A Drought Management Plan must include a means of monitoring current drought conditions and applying
the conditions to the development of an overall drought stage framework. The primary goal of drought
monitoring is to recognize a drought in its early stages and accurately assess its severity over time so that
appropriate responses are successfully implemented.
A transparent, quantifiable, and scientific basis for drought declaration is critical for timely decision-
making, effective communication, and managing expectations of the public. Drought monitoring allows for
the use of local and national data in decision-making, implementation of appropriate restrictions at the
appropriate times, and allowances for different types of uses and the needs of different water users.
For purposes of this Plan, a drought monitoring protocol was developed that incorporates local data such
as reservoir storage, area streamflow, snowpack, precipitation, temperature, evapotranspiration and
weather forecasts, as well as national drought indices. City staff will monitor these data, including the use
of a customized monitoring tool comprising local and national indicators described in this Section. These
data should be monitored all year, and during summer months data should be monitored alongside water
demand order to understand how water supply availability and weather patterns are impacting demand
trends. Select outputs from the drought monitoring tool are set forth in Appendix B. Calibration of the
City’s drought monitoring tool ensures the accuracy and reliability of the data generated by the drought
monitoring tool. A snapshot of the calibration of the tool is provided in Appendix C.
2.2.1 Local Indicators
Droughts are highly variable, complex, and specific to a region’s local climatic conditions. Due to the fact
that 80% to 85% of Bozeman’s water supply is surface water, monitoring will primarily rely on levels in
Hyalite Reservoir, area streamflow and snow water equivalence.
2.2.1.1 Reservoir Storage
Because much of the water supply during summer drought events comes from storage reservoirs,
reservoir contents are an accurate indicator of a drought’s impact on available supplies when conditions
are hot and dry and water use increases due to irrigation. Reservoir contents are the bottom line result of
the factors affecting supply, including weather, snowpack, soil moisture, runoff, water rights, collection
system limitations and water use.
Although the City of Bozeman currently has limited storage capacity, seasonal water elevation in Hyalite
Reservoir, and the corresponding volume in storage, is an immediate and direct assessment of the area’s
water supply status, particularly during summer months. Reservoir levels are regularly monitored by the
Department of Natural Resources and Conservation (DNRC), and the data are easily accessible. The volume
of water in Hyalite Reservoir alone is not indicative of what is available to the City at any given time, but
due to the City’s reliance on Hyalite Reservoir as a source of water to support irrigation demands during
summer months, the reservoir level serves as a key general indicator of drought conditions in a given year.
As a result, Hyalite Reservoir volume is given a relatively significant weighting factor in the City’s drought
monitoring tool during summer months.
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The historical storage volume in Hyalite Reservoir from 1951-2015 is shown in Figure 2-10 and cycles
through the year, typically reaching maximum volume in late May or June. The reservoir is drawn
down to its winter pool level in mid to late fall. In order to accurately assess a drought condition at
any given time, the storage volume in Hyalite Reservoir must be normalized to the time of year. This
is accomplished using a cumulative frequency analysis method referred to as “frequency of
exceedance,” or the amount of time expressed as a percentage that the reservoir has historically held
more water on the same date as the current measurement. This is the method that will be used to
evaluate how likely low reservoir levels will be in the future based on how often low reservoir levels
occurred in the past. For example, an exceedance value of 90% for Hyalite storage volume indicates
that 90% of historical storage volumes on that same date have been greater than the current
measurement and the current measurement has been exceeded by 10% of the historical data.
Aggregate reservoir contents in Hyalite usually peak in June following spring snowmelt. Since the dam
was raised in 1991-92, this metric was divided into pre- and post-1992 periods to reflect the increased
storage subsequent to the dam raise.
2.2.1.2 Area Streamflow
Bozeman is located near multiple streams and creeks including Lyman Creek, Sourdough Creek, Hyalite
Creek, the East Gallatin River and Gallatin River, situated at the headwaters of the Gallatin River
Watershed shown in Figure 2-11. These streams are also indicators of local drought conditions. However,
Figure 2- 10: Hyalite/Middle Creek Reservoir Historic Minimum and Maximum Storage Volumes (1951 – 2015)
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due to the lack of data on key streams, overall streamflow is not weighted as heavily as reservoir storage
data in the City’s drought monitoring tool during summer months. As the period of record increases, these
parameters should be incorporated into the Plan.
More specifically, Sourdough (Bozeman) Creek flow would likely offer the most direct assessment of the
status of water availability for the City. Unfortunately, streamflow on Sourdough has not historically been
monitored. A new gage has been installed on Sourdough, but without a robust historical record, it is not
possible to evaluate and compare current water status accurately with historical flows. As future data are
collected, the information will become increasingly valuable.
The same is true of the East Gallatin River, which drains the portion of the Gallatin watershed that includes
Lyman Creek. The Gallatin River streamflow monitored at a USGS gaging station at Logan is used as it
offers a robust historical data set which provides valuable information on drought conditions throughout
the watershed and is well suited to long-term drought monitoring. However, the usefulness of the Logan
gage data is somewhat minimized as the City of Bozeman’s source watersheds comprise only approximately
one quarter of the total Gallatin watershed flows that are measured at the Logan gage and there are
numerous agricultural diversions upstream of Logan, impacting flows measured at the Logan gage.
Hyalite Creek itself is also a water source for the City. Flow in the creek is monitored at a USGS gaging
station with a reliable historical data set downstream of the dam. However, due to the influence of dam
Figure 2- 11: Gallatin River Watershed
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releases to the flows in Hyalite Creek downstream of the dam, Hyalite Creek flow is not included in the
monitoring plan. The East and West Forks of Hyalite Creek, which flow directly into Hyalite Reservoir, are
monitored by the USGS and also have a reliable historical data set. These data have a direct impact on the
volume of water in Hyalite Reservoir throughout the year and are therefore important indices included in
the drought monitoring tool.
2.2.1.3 Snow Water Equivalents (SNOTEL)
The City’s water supply is directly influenced by snowpack; therefore, the inclusion of snowpack data is also
critical to include in the drought monitoring tool. Snow-water equivalence (SWE) provides the most
accurate indication of water availability in snowpack. A map showing the general locations of the SNOTEL
sites is provided in Figure 2-12. One SNOTEL site in the Bridger Range and one site from the Gallatin Range
in the Hyalite watershed were selected for inclusion in the monitoring tool.
Figure 2- 12: Location of Bozeman Area SNOTELs
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Snow Water Equivalence data from the Sacajawea SNOTEL shows a very strong correlation with flows from
Lyman Spring and as a result is included in the monitoring tool.17
Snow Water Equivalence data in the Hyalite watershed is monitored using the Shower Falls SNOTEL site,
as this SNOTEL lies above the Hyalite Reservoir and is more indicative of the water that contributes to
reservoir storage.
2.2.1.3 Recommended Future Local Indicators
Due to the limited number of local indicators for monitoring purposes, valuable drought information that
is not currently available could be acquired from additional monitoring devices, including stream gages in
Sourdough Creek and snow-water equivalence sites in the Sourdough Creek and Lyman Watershed. Table
2-1 summarizes recommended additional monitoring parameters that should be considered.
Location / Source Monitoring Situation
Sourdough Watershed SNOTEL site in the Sourdough Watershed
Additional real time stream gages at multiple locations
Lyman Spring SNOTEL site in Lyman Canyon
Table 2- 1: Recommended Additional/Future Local Monitoring Locations
2.2.2 U.S. Drought Monitor
The U.S. Drought Monitor (USDM) is a composite index based on measurements of hydrologic, climatic,
and soil conditions and accounts for the importance of snow in the hydrologic cycle of the Bozeman area
via the use of snow water content information, river basin precipitation levels, and the Surface Water
Supply Index.18 The USDM identifies areas of drought and labels them by intensity. D1 is the least intense
level and D4 the most intense. D0 areas are not in drought, but are experiencing abnormally dry conditions
that could turn into drought or are recovering from drought but are not yet back to normal.
The USDM indicates whether primary physical effects are for short- or long-term drought:
S = Short-term, typically less than 6 months (agriculture, grasslands)
L = Long-term, typically more than 6 months (hydrology, ecology)
SL = Area contains both short- and long-term impacts
Due to the combination of various national drought indicators and streamflow data included in the USDM,
the USDM is the only national drought index included in the City’s drought monitoring tool. A summary
of the U.S. Drought Monitor and drought severity categories is included in Table 2-2.
17 SNOTEL site correlation data 2009-2015 on file with City of Bozeman (2016).
18 Additional information about the U.S. Drought Monitor is available at: https://droughtmonitor.unl.edu/ Last visited
April 12, 2022.
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Category Description Possible Impacts
Palmer
Drought
Severity
Index
(PDSI)
CPC Soil
Moisture
Model
(Percentile)
USGS
Weekly
Streamflow
(Percentile)
Standardized
Precipitation
Index (SPI)
Objective
Drought
Indicator
Blends
(Percentile)
D0 Abnormally
Dry
Going into drought:
short-term
dryness slowing
planting, growth
of crops or
pastures
Coming out of drought:
-1.0 to -
1.9 21 to 30
21 to 30
-0.5 to -0.7 21 to 30
some lingering water
deficits
pastures or crops not
fully recovered
D1
Moderate
Drought
Some damage to crops,
pastures
Streams, reservoirs, or
wells low, some water
shortages developing or
imminent
Voluntary water-use
restrictions requested
-2.0 to -
2.9
11 to 20
11 to 20
-0.8 to -1.2
11 to 20
D2
Severe
Drought
Crop or pasture losses
likely
Water shortages
common
Water restrictions
imposed
-3.0 to -
3.9
6 to 10
6 to 10
-1.3 to -1.5
6 to 10
D3
Extreme
Drought
Major crop/pasture
losses
Widespread water
shortages or
restrictions
-4.0 to -
4.9
3 to 5
3 to 5
-1.6 to -1.9
3 to 5
D4
Exceptional
Drought
Exceptional and
widespread
crop/pasture losses
Shortages of water in
reservoirs, streams, and
wells creating water
emergencies
-5.0 or
less
0 to 2
0 to 2
-2.0 or less
0 to 2
Table 2- 2: Drought Severity Categories and Inputs for the U.S. Drought Monitor
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As drought events and impacts of climate change continue to threaten water supply availability across the
West, additional drought indices have become available to better monitor national and regional drought
events and their local impacts. The City is currently underway with making improvements to its drought
monitoring protocol through incorporation of additional data into the drought monitoring tool. This
includes:
Local Hydrologic Indicators
o Lick Creek SNOTEL to capture mid-elevation snow water equivalence in the Hyalite
watershed,
o USGS Stream Gage 06043500 (Gallatin River near Gallatin Gateway) to capture Gallatin
River flows upstream of agricultural diversions in the Gallatin Valley,
o AgriMet station “BOZM” modified Penman ET data to capture evapotranspiration trends
which directly correlate to water demands in Bozeman during summer months,
National and Regional Drought Indices
o Evaporative Demand Drought Index (EDDI), which can offer early warning of hydrologic
drought and fire-weather risk by providing near-real-time information on the emergence or
persistence of anomalous evaporative demand in a region,
o Standardized Precipitation Evaporative Index (SPEI), an extension of the Standardized
Precipitation Index (SPI), which is designed to take into account both precipitation and
potential evapotranspiration in determining drought; and
o Standardized Snow Water Equivalent (SWE), for the Gallatin and Bridger Mountain areas.
2.3 Drought Monitoring and Response
Tables 2-3 and 2-4 illustrate the relationship between the local and national drought severity monitoring
indicators currently represented in the drought monitoring tool and the corresponding drought response
stage. The response stages in the table are illustrative only as there are no hard-and-fast relationship
between the indicators and the appropriate drought response stages. These tables are guidelines only, as
the City Manager may evaluate many factors in addition to those represented in the drought monitoring
tool when making decisions regarding drought response decisions. This may include but is not limited to
area snowpack, soil moisture, streamflow, precipitation, evapotranspiration, water rights, reservoir levels,
weather forecasts, and water demand compared to normal use and weather-adjusted expected use.
Actual summer and winter weighting factors and percent exceedance values for data included in the
drought monitoring tool are shown in Tables 2-3 and 2-4 and are subject to change.
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Indicators
October - June
Weighting
Factor
Response Stages
Percent Exceedance
Stage 1
Drought
Watch
Stage 2
Drought
Advisory
Stage 3
Drought
Warning
Stage 4
Drought
Emergency
Hyalite Reservoir Storage 10% 70% 85% 90% 95%
Stream Flow 25%
Hyalite Creek
East Fork 25% 80% 92% 95% 98%
Hyalite Creek
West Fork 25% 80% 92% 95% 98%
Gallatin River
At Logan 50% 88% 92% 95% 97%
Snow-Water Equivalence 50%
Shower Falls
SNOTEL 80% 70% 80% 90% 95%
Sacajawea
SNOTEL 20% 70% 80% 90% 95%
U.S. Drought Monitor 15% D1 D2 D3 D4
Table 2- 3: October-June Indicators for Monitoring in Relation to Response Stages
Indicators
July –
September
Weighting
Factor
Response Stages
Percent Exceedance
Stage 1
Drought
Watch
Stage 2
Drought
Advisory
Stage 3
Drought
Warning
Stage 4
Drought
Emergency
Hyalite Reservoir Storage 40% 70% 85% 90% 95%
Stream Flow 35%
Hyalite Creek
East Fork 25% 80% 92% 95% 98%
Hyalite Creek
West Fork 25% 80% 92% 95% 98%
Gallatin River
At Logan 50% 88% 92% 95% 97%
Snow-Water Equivalence 0%
Shower Falls
SNOTEL 0% 0% 0% 0% 0%
Sacajawea
SNOTEL 0% 0% 0% 0% 0%
U.S. Drought Monitor 25% D1 D2 D3 D4
Table 2- 4: July- September Drought Indicators for Monitoring in Relation to Response Stages
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2.4 Uncertainty Associated with Forecasts
Just like other weather phenomena, forecasting a drought and knowing with certainty if one exists can be
difficult. When a dry year occurs, for example, it is unknown whether it is the first year of a three-, five-
or 10-year drought, or if it is merely a dry year somewhere in a series of average-to-wet years. Even though
droughts cannot always be predicted, the City of Bozeman should continue to advise customers of the
latest water supply information so they can consider it in their own planning.
3 DROUGHT RESPONSE ACTIONS
As reservoir levels, stream flows and snowpack decrease, efforts to add water supplies and reduce water
demand should increase. The City of Bozeman’s response actions should consist of the following
components:
Utilization of the drought monitoring tool to help facilitate data driven decision making
regarding drought stage declaration;
Drought declaration, including the implementation of pursuant:
o Response measures that residents will be required to adhere to,
o Drought surcharges; and
Implementation of a robust communications campaign which should increase in scope and
frequency pursuant to drought stage.
This Plan delineates four stages of drought severity. Each stage is based on local and national indicators
included in the drought monitoring tool described in Section 2 , as well as area snowpack, soil moisture,
streamflow, precipitation, evapotranspiration, water rights, reservoir levels, weather forecasts, and water
demand compared to normal use and weather-adjusted expected use.
Progressively more stringent response measures are recommended when moving from one drought stage
to the next. Some drought response measures, particularly those designated for mild episodes of drought,
require minimal customer effort. However, as drought intensifies, measures can become increasingly
restrictive, are associated with increasing costs due to the implementation of drought surcharges, and are
sometimes intrusive.
The recommended response measures associated with each stage of drought are meant to ensure
adequate water supplies for essential uses and are summarized as follows:
Stage 1 ─ Drought Watch asks for increased communication on dry conditions;
Stage 2 – Drought Advisory implements mandatory watering restrictions;
Stage 3 – Drought Warning prohibits lawn watering; and
Stage 4 – Drought Emergency rations water supplies for essential uses.
At the onset of drought, an interdivisional team of select City staff from the Drought Management Team
will increase drought monitoring procedures in order to advise the City Manager on drought declaration
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and response. To activate the response component of this Plan, the City Manager declares a drought stage
and corresponding response measures, including the implementation of pursuant drought surcharge rates.
Select staff from the Drought Management Team should monitor drought conditions and evaluate the
effectiveness of the drought response measures implemented during each stage. Because every drought
is different, the City Manager may refine drought response actions based on actual conditions.
Stage 2, Stage 3 and Stage 4 droughts involve mandatory water use restrictions which are authorized by
the Bozeman Municipal Code (BMC), described further in Section 5 below. The declaration process is
outlined in detail in Section 3.3.
The declaration of a drought should be followed by a robust communications campaign which may
increase in scope and frequency pursuant to drought stage.
3.1 Increasing Water Supply
In addition to managing water use during a drought, the City may try to increase its supplies by gaining
access to other temporary water sources.19 Each supply alternative presents unique intergovernmental,
legal and technical issues, and each will depend on the current conditions.20
3.2 Reducing Water Use
The City’s primary response to drought is to reduce customer water demand so that existing supplies will
be available for the most essential uses for the duration of the drought. A variety of actions, rather than
one single approach, is generally more effective at creating an overall atmosphere that promotes water
use reductions.
The actions discussed in the sections that follow are based on drought severity indicators and include
monitoring and evaluation, restrictions, water use education and enforcement, and drought rates.
Generally speaking, restricting the number of days and times allowed for watering landscapes or providing
a maximum water allowance can be effective methods for reducing water use. Other methods, such as
implementing drought rates and public information efforts, complement those watering restrictions.
Other restrictions may not substantially reduce water use but may eliminate discretionary uses of water
or heighten public awareness of drought severity.
3.3 Monitoring, Evaluation and Declaration
When drought conditions emerge, monitoring and evaluation activities should be intensified. The
19 Detailed information about current and future plans to increase water supplies is set forth in the Integrated Water
Resources Plan available at:
https://weblink.bozeman.net/WebLink/DocView.aspx?id=95444&dbid=0&repo=BOZEMAN&searchid=f0a91343-923b-
4846-b47d-dbf547c5a123 , last visited: March 21, 2022; See
alsohttps://www.bozeman.net/departments/utilities/water-conservation, last visited: April 12, 2022.
20 Id.
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monitoring and evaluation program will track information described in Section 2, which includes but is not
limited to snowpack, soil moisture, streamflow, precipitation, water rights, reservoir levels, weather
forecasts, and water demand compared to normal use and weather-adjusted expected use. Together, this
information will facilitate data-driven decision making. The water reduction goals associated with each
drought stage are based upon what is needed in order to preserve economic vitality of the community
while also preserving public health and safety. If water reduction goals are not being met, the City may
increase public outreach and/or implement additional drought response measures.
The four stages of drought outlined in this Section will be utilized for the purposes of assessing,
communicating, and responding to drought conditions. The drought stages will increase with worsening
drought conditions and reduce progressively as conditions improve.
Drought events are eminent, unpredictable, and can be severe in nature. Declaring a drought immediately
upon recognition of drought conditions is necessary in order to ensure adequate water supplies for
essential uses and responsible management of the water utility as a whole. The procedure for utilization
of the drought monitoring tool and drought declaration process is included below, and is intended to
facilitate immediate action during times of shortage.
1. The drought monitoring tool should be updated no less than monthly during non-drought or
Drought Watch stages, and no less than weekly during Drought Advisory, Warning, and
Emergency stages. City staff will update the City Manager as to current drought conditions as
needed.
2. The City Manager will decide whether or not to enact a drought declaration based on staff
recommendations, the drought monitoring tool, and other information tracked as part of the
monitoring and evaluation program. This declaration will include the drought stage and
corresponding response measures, which will generally be pursuant to response measures
outlined in this Plan.
3. Upon enacting a drought declaration, the City Manager will notify the City Commission of the
declared drought stage and corresponding response measures.
4. City staff will present an update on drought conditions to the City Commission during a public
meeting as soon as possible after the declaration.
5. The City Manager will also enact changes in drought stages (increasing or rescinding stage
declarations), as well as declaring an end to the drought, based on staff recommendations, the
drought monitoring tool, and other information tracked as part of the monitoring and evaluation
program.
6. The City Manager will notify the City Commission upon increasing, decreasing, or rescinding a
drought stage declaration.
7. The City Commission may request a presentation on changing drought conditions from City staff,
which should be held at a public meeting as soon as possible after the new drought stage
declaration has been enacted, or at the end of the drought.
8. A drought communications campaign may follow any drought declaration, stage increase, the
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rescinding of a declared drought stage, or the end of the declared drought. The communication
campaign should increase in scope and frequency pursuant to drought stage severity.
3.4 Water Use Restrictions
Once a drought stage and corresponding response measures have been declared, residents may be
required to reduce water use. The goal of these drought response measures is to maintain the health,
safety and economic vitality of the community to the greatest extent possible in the face of water shortage.
The following principles guide the implementation of water use restrictions during a drought:
Implement extensive public information and media relations programs.
Inform customers about conditions and actions they can take to reduce water use.
Have open, clear and consistent messaging and communication.
Maintain the trust of customers and stakeholders.
Minimize adverse financial effects.
Be respectful of water-based businesses that will be financially affected by restrictions.
Engage in ongoing dialogue with the landscaping industry to obtain input and to allow these
businesses to plan for future months.
Avoid irretrievable loss of natural resources.
Allow for watering of trees if possible.
Avoid damaging perennial landscaping if possible.
Tailor watering restrictions to known landscape needs as much as possible.
Restrict less essential uses before essential uses.
Curtail outdoor water use (except for trees and shrubs and potentially urban gardens) before
restricting domestic indoor use.
Eliminate water waste.
Affect individuals or small groups before affecting large groups or the community as a whole,
allowing as much public activity as possible to be unaffected.
Consider a maximum allowable water allowance program for playing fields or other
high-traffic landscapes in order to prevent permanent damage to these areas, when
appropriate.
Preserve community pools before residential pools.
3.5 Water Use Education
The City should develop a water use education and enforcement program based on the elements of the
Plan to educate customers about efficient water use, to enforce water waste rules and drought
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restrictions, and to save water. During a drought, the Water Conservation Division may coordinate with
the Water and Sewer Operations Division and the Bozeman Police Department to monitor Bozeman’s
water service area for customers who are not complying with drought response measures.
The goal of the program is to educate and inform customers, not to merely penalize violators. City staff
should distribute educational materials, and initiate targeted outreach to help customers reduce their
water use and answer questions about the drought. Customers will be able to report water waste through
the Water Conservation Division’s phone number and website.
3.5.1 Communications Campaign
An on-going communications campaign should be a significant component of the City of Bozeman’s
Drought Management Plan and closely coordinated with the Water Conservation Division’s education and
outreach initiatives. When appropriate, these programs may be integrated into a single program by the
Water Conservation Division. These initiatives promote the value of water, the need to conserve and ways
in which to achieve water savings under normal climatic conditions and during drought events.
During non-drought years, the communication campaign should provide general information on drought
and drought preparedness. During a drought event, the campaign should increase the scope and specificity
of messaging to the public and include information pertaining to drought stages and associated responses.
The objectives of the communication campaign are to:
Provide clear and consistent drought information to City of Bozeman water customers;
Adjust the scope and frequency of messaging in accordance with drought stage and restrictions;
and
Coordinate implementation of the campaign with Gallatin County, nearby municipalities and
other affected communities to provide consistent drought messaging.
The Water Conservation Division will be responsible for developing communications campaigns identifying
specific drought messaging delivered to targeted audiences before, during and after a drought event.
Specific communications plans may depend upon the current and forecasted water supply and weather
conditions present at the time. Outreach will primarily consist of website communications, social media,
newspapers, bill inserts, and mailers. During a drought, communications may be expanded to television,
radio, newspapers, emails, public meetings, presentations at community events and school programs.
3.6 Drought Management for Master Meter Customers
The City of Bozeman’s master meter customers (e.g. MSU) are governed by the City’s drought management
guidelines. Master meter customers can make and enforce their own plans as long as they are consistent
with drought management guidelines set forth in this Plan. Master meter customers should also assist the
City in enforcing the Drought Management Plan.
It is recommended that master meter customers have a water use education and enforcement program
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during drought response to ensure customers comply with operating rules. Master meter customers can
choose to opt in to the City of Bozeman’s water use education and enforcement program or create their
own program. If opting in to the City’s program, City staff should work closely with the customer to
facilitate proper communication with customers.
If a master meter customer chooses to create its own water use education and enforcement program, the
following program elements are recommended to be considered for inclusion:
Creating a mechanism to educate customers about drought restrictions, such as online or printed
materials and direct customer interaction.
Creating a reporting tool, such as a phone number or email, that allows customers to report
violations of water waste rules.
Monitoring for violations of water waste rules.
Tracking customer violations.
3.7 Drought Surcharge Rates
Drought surcharge rates were adopted by City Commission and went into effect in September of 2019 and
were updated September 2021. Drought surcharges are implemented during a declared drought event
and vary based on water customer class. Drought surcharges are designed to encourage conservation and
supplement lost revenue from watering restrictions through increased rates in the event of a drought.
Drought rates are different from regular water-use rate structures in that they are temporary in nature
(effective only during a declared drought) and are required across all customer classes during a declared
drought.
Drought surcharge rate percentages are tied directly to the severity of the declared drought stage. The
following guiding principles were key considerations in the development and implementation of drought
surcharge rates:
Drought surcharges are aligned with water availability – when water supplies are scarce, the true
cost of water for non-essential usage, such as outdoor watering, increases.
Customer class-based volumetric drought surcharges are tied to the varying water reduction
abilities of each user class.
Drought surcharge rates were developed to ensure that the City has enough water to meet the
needs of essential uses.
Drought surcharges in a stage 1 and 2 declared drought are intended to provide revenue neutrality
for the utility service as well as water customers.
Drought surcharges are higher during drought stages 3 and 4 to discourage outdoor watering when
lawn watering bans are in place, as well as provide adequate revenue for the water utility.
Effective drought surcharge rates as of April 2022 are included in Table 3-1.
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Drought Rate Customer Class Category Stage 1 Stage 2 Stage 3 Stage 4
Single Family and Low Income
Residential
Drought surcharges are subject to change based on ongoing evaluations of water
use patterns in Bozeman. Changes may be adopted by Commission Resolution.
Tier 1 (0-6 HCF*) 0.0% 10.0% 20.0% 25.0%
Tier 2 (6-25 HCF*) 21.9% 39.6% 100% 200%
Tier 3 (25-55 HCF*) 21.9% 39.4% 100% 200%
Tier 4 (55+ HCF*) 21.8% 39.4% 100% 200%
Multi-Family Residential 15.6% 23.8% 23.8% 25.0%
Government 15.6% 25.0% 25.0% 25.0%
MSU 15.6% 20.9% 20.9% 25.0%
Commercial 15.6% 25.0% 25.0% 25.0%
Industrial 11.1% 11.1% 11.1% 11.1%
*1 HCF = 748 gallons
Table 3- 1: Drought Surcharge Rates by Customer Class
3.7.1 Drought Reserve Rate
After adoption by the City Commission, drought reserve rates went into effect in September 2019. The
drought reserve is separate from, but used in conjunction with, drought surcharge rates to continue to
provide quality service when revenues decrease during a drought. A monthly charge of $0.08/HCF21 is
applied to every customer’s water bill regardless of customer class or drought declaration status. The
drought reserve was established with the following intentions:
• Minimize financial impacts of drought surcharge severity during a drought event;
• Work alongside the drought surcharge rates to continue to provide quality service when revenues
decrease during a declared drought event; and
• Create a revenue reserve to help the City avoid extreme rate increases during drought events.
3.8 Drought Stages
Drought stages are determined, in part, by the outputs from the drought monitoring tool. The most
important indicator during summer months is storage levels in Hyalite Reservoir, and during winter months
is snow water equivalence. Stages are determined using the exceedance method. The exceedance value
corresponds to the amount of time (expressed as a percentage) that the identified water supply source
(reservoir, stream, snowpack) held more water on the same date as the current measurement.
21 Effective drought reserve rate as of April 2022.
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If the reduction targets for each stage are met, drought declarations of increasing severity may be delayed
or avoided.
The water reduction targets model industry best practices and reflect reductions achieved in similarly
situated municipalities during drought events. If water-reduction goals are not being met, the City Manager
may increase public outreach and/or the level of drought response.
Drought Stage
Stage 1:
Drought
Watch
Stage 2:
Drought
Advisory
Stage 3:
Drought
Warning
Stage 4:
Drought
Emergency
System-wide
Water Reduction
Targets
10%
20%
30%
40%
Table 3- 2: Distribution System-wide Water Reduction Targets During Declared Drought Stages
3.8.1 Stage 1 - Drought Watch: Customer Outreach
Description:
A Drought Watch declaration should increase communication to customers to alert them that water
supplies are below average and Stage 1 drought surcharges are in effect. Messaging about current drought
conditions should increase to inform customers that continued dry weather could lead to mandatory
watering restrictions. A Drought Watch will require a formal declaration from the City Manager. Table 3-3
outlines Stage 1 drought indicator weighting factors and exceedance percentages. The exceedance
method looks at the amount of time (expressed as a percentage) that the identified source held more
water, had higher flows or snow water equivalent on the same date as the current measurement.
Indicator Indicator Detail
Weighting
Factor:
Winter
(Oct - June)
Weighting
Factor:
Summer
(July-Sept)
Percent
Exceedance
for a Stage 1
Drought
Hyalite Reservoir Volume N/A 10% 40% 70%
Streamflow
East and West Fork Hyalite Creek
25% 35%
80%
Gallatin River at Logan 88%
Snow Water Equivalence
Shower Falls SNOTEL
50% 0% 70%
Sacajawea SNOTEL
U.S. Drought Monitor N/A 15% 25% N/A
Table 3- 3: Drought Tool Indicators, Seasonal Weighting Factors, and Percent Exceedance for a Stage 1 Drought
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Use Reduction Target: 10 % reduction of current use. This is a system-wide target, and individual or
customer group-specific response measures should be implemented.
Response Measures:
Increase communication and outreach to customers and stakeholders to explain the City is beginning to
see indicators of drought.
Encourage customers to use water efficiently and provide suggestions for reducing water use
in order to reduce the risk of progression to mandatory restrictions.
Notify customers and prepare for the possibility of mandatory watering restrictions.
Enhance the water use education program.
Notify customers of the implementation of Stage 1 drought surcharges.
3.8.2 Stage 2 - Drought Advisory: Mandatory Watering Restrictions
Description:
A Stage 2 drought declaration imposes mandatory watering restrictions, Stage 2 drought surcharge rates,
and requires effort on the part of customers. Circumstances warrant possible adverse impacts on water-
dependent businesses involved in outdoor water use. Table 3-4 outlines Stage 2 drought indicator
weighting factors and exceedance percentages. The exceedance method looks at the amount of time
(expressed as a percentage) that the identified source held more water, had higher flows or snow water
equivalent on the same date as the current measurement.
Indicator Indicator Detail
Weighting
Factor:
Winter
(Oct - June)
Weighting
Factor:
Summer
(July-Sept)
Percent
Exceedance
for a Stage 2
Drought
Hyalite Reservoir Volume N/A 10% 40% 85%
Streamflow
East and West Fork Hyalite Creek
25% 35% 92%
Gallatin River at Logan
Snow Water Equivalence
Shower Falls SNOTEL
50% 0% 80%
Sacajawea SNOTEL
U.S. Drought Monitor N/A 15% 25% N/A
Table 3- 4: Drought Tool Indicators, Seasonal Weighting Factors, and Percent Exceedance for a Stage 2 Drought
Use Reduction Target: 20% reduction of current use. This is a system-wide target, and individual or
customer group-specific response measures should be implemented.
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Response Measures: Spray Irrigation Watering Restrictions recommend for Stage 2 response
A. Outdoor watering should be limited to two days per week in accordance with the following
schedule:
Single residential properties with odd-numbered addresses: Saturday, Wednesday
Single residential properties with even-numbered addresses: Sunday, Thursday
All others (multi-unit, HOAs, commercial, industrial, government): Tuesday, Friday.
B. The City Manager may by formal action establish a limit on the number of minutes of irrigation that
each area of turf may receive or a maximum total amount of time during which irrigation at a
premises may occur.
C. This subsection may not apply to athletic or playing fields, and tees and greens at golf courses,
heavily used by the community so long as irrigation of such landscapes is accomplished without
waste of water.
D. Watering prohibited between the hours of 10:00 a.m. and 8:00 p.m., except when limited watering
is essential to preserve turf subject to heavy public use.
E. Watering prohibited on Mondays, except for irrigators operating under special exemptions as
approved by the City Manager.
F. Restaurants permitted to serve water only upon request.
G. Hotels/motels and other lodging establishments must comply with the City of Bozeman’s signage
program, providing guests with the option to forgo having towels and linens laundered daily.
H. Permissible watering should be conducted without any water waste, pursuant to B.M.C. Section
40.02.1310.
Strategic Water Reserve:
Pursuant to the future adoption of a strategic water reserve by the Commission, the Commission may
make water from the strategic water reserve available for use during a Stage 2 drought. Such action could
reduce the severity of Stage 2 restrictions, or be used to delay or eliminate a Stage 3 drought response.
3.8.3 Stage 3 - Drought Warning: Ban on Targeted Water Uses
Description:
A Stage 3 drought imposes mandatory watering restrictions and Stage 3 drought surcharge rates on City
of Bozeman water customers. Stage 3 drought restrictions are severe and will likely result in damage to or
loss of landscapes. Circumstances warrant possible adverse impacts on water-dependent businesses
involved in outdoor water use. Table 3-5 outlines Stage 3 drought indicator weighting factors and
exceedance percentages. The exceedance method looks at the amount of time (expressed as a percentage)
that the identified source held more water, had higher flows or snow water equivalent on the same date
as the current measurement.
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Indicator Indicator Detail
Weighting
Factor:
Winter
(Oct - June)
Weighting
Factor:
Summer
(July-Sept)
Percent
Exceedance
for a Stage 3
Drought
Hyalite Reservoir Volume N/A 10% 40% 90%
Streamflow
East and West Fork Hyalite Creek
25% 35% 95%
Gallatin River at Logan
Snow Water Equivalence
Shower Falls SNOTEL
50% 0% 90%
Sacajawea SNOTEL
U.S. Drought Monitor N/A 15% 25% N/A
Table 3- 5: Drought Tool Indicators, Seasonal Weighting Factors, and Percent Exceedance for a Stage 3 Drought
Use Reduction Target:
30% reduction of current use. This is a system-wide target, and individual or customer group-specific
response measures should be implemented.
Response Measures:
A. Recommended watering restrictions for a Stage 3 drought response:
Ban on all lawn watering.
Existing trees and shrubs and flower and vegetable gardens may be watered with hand held
hose or low-volume, non-spray devices.
Community gardens may be watered on assigned watering days.
Athletic and playing fields may irrigate pursuant to a water schedule.
Golf courses may irrigate tees and greens only.
Ban on water fountains and filling private swimming pools.
B. The City Manager may by formal action establish a limit on the number of minutes of irrigation that
each area of turf may receive or a maximum total amount of time during which irrigation at a
premises may occur.
C. This subsection may not apply to athletic or playing fields, and tees and greens at golf courses,
heavily used by the community, however these landscapes may be subject to a mandatory
schedule or water budget to be developed in coordination with the Water Conservation Division
and based on current conditions at the time of the declaration.
D. Watering prohibited between the hours of 10:00 a.m. and 8:00 p.m., except when limited watering
is essential to preserve turf subject to heavy public use.
E. Watering prohibited on Mondays, except for irrigators operating under special exemptions as
approved by the City Manager.
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F. Restaurants permitted to serve water only upon request.
G. Hotels/motels and other lodging establishments must comply with the City of Bozeman’s signage
program, providing guests with the option to forgo having towels and linens laundered daily.
H. Permissible watering shall be conducted without any water waste, pursuant to B.M.C. Section
40.02.1310.
Strategic Water Reserve:
Pursuant to the future adoption of a strategic water reserve by the Commission, the Commission may
make water from the strategic water reserve available for use during a Stage 3 drought. Such action could
reduce the severity of Stage 3 restrictions, or it could be used to delay or eliminate a Stage 4 drought
response.
3.8.4 Stage 4 - Drought Emergency: Rationing
Description:
A Stage 4 drought may activate a rationing program for City of Bozeman water customers. Conditions that
would lead to a Stage 4 drought are highly unlikely. However, if conditions warrant, the City may
implement a rationing program for an indefinite period of time to ensure, to the extent possible, that there
is adequate water for essential uses. Stage 4 drought surcharge rates will be in effect. No outdoor watering
will be allowed. Stage 4 drought restrictions will damage the quality of life in the City of Bozeman’s service
area, including the long-term loss of landscapes. Table 3-6 outlines Stage 4 drought indicator weighting
factors and exceedance percentages. The exceedance method looks at the amount of time (expressed as
a percentage) that the identified source held more water, had higher flows or snow water equivalent on
the same date as the current measurement.
Indicator Indicator Detail
Weighting
Factor:
Winter
(Oct - June)
Weighting
Factor:
Summer
(July-Sept)
Percent
Exceedance
for a Stage 4
Drought
Hyalite Reservoir Volume N/A 10% 40% 95%
Streamflow
East and West Fork Hyalite Creek
25% 35%
98%
Gallatin River at Logan 97%
Snow Water Equivalence
Shower Falls SNOTEL
50% 0% 95%
Sacajawea SNOTEL
U.S. Drought Monitor N/A 15% 25% N/A
Table 3- 6: Drought Tool Indicators, Seasonal Weighting Factors, and Percent Exceedance for a Stage 4 Drought
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Use Reduction Target: 40% reduction of current use. This is a system-wide target, and individual or customer
group-specific response measures should be implemented.
Response Measures:
Stage 4 response measures will aim to ensure water is available for essential uses and may include a water
rationing program for City water customers.
Strategic Water Reserve:
Pursuant to the future adoption of a strategic water reserve by the Commission, due to the severity of the
situation, the Commission will likely make any water remaining in the strategic water reserve available for
essential uses during a Stage 4 drought.
4 DROUGHT RESPONSE PROGRAM MEASURES
The drought response program measure Tables 4-1 – 4-4 below are meant to serve as a guide to water
uses under various levels of drought severity. Actual water use limitations associated with a drought
declaration will be adopted by administrative order of the City Manager. The City reserves the right to
modify these program measures as needed to meet changing water supply conditions.
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Outdoor Watering and New Vegetation Installation Recommended Response Measures
Water Use
Element
Turf grass
watering
New
installation of
seed and/or
sod
Watering trees, shrubs,
perennials
New installations
of trees, shrubs,
perennials
Watering vegetables
and community
gardens
Watering
athletic and
playing fields
Watering
golf
courses Drought Stage Declared Stage 1
Customer
Outreach
No restrictions. Permitted. Water efficiently with
no water waste. Permitted. No restrictions.
Water
efficiently
with no water
waste.
Water
efficiently
with no
water
waste.
Stage 2
Mandatory
Restrictions
2 days/week
mandatory
watering schedule
based on
customer class
and/or address.
Permitted with
exemption.
May be watered by
hand-held hose or low-
volume non-spray
irrigation on any day not
between 10a.m. - 8p.m.
Not
permitted/limited
installations from
June-August.
May be watered by
hand-held hose or
low-volume non-
spray irrigation on
any day not between
10a.m. - 8p.m.
Irrigated per
mandatory
scheduling or
water budget
restrictions.
Irrigated
per
mandatory
scheduling
or water
budget
restrictions.
Stage 3
Ban on Lawn
Watering No watering
permitted. Not permitted.
May be watered by
hand-held hose or low-
volume non-spray
irrigation no more than
once/week on
scheduled day and not
between 10a.m. - 8p.m.
Not permitted.
May be watered by
hand-held hose or
low-volume non-
spray irrigation on
assigned watering
day and not between
10a.m. - 8p.m.
Trees and
greens
only.
Stage 4
Rationing
No watering
permitted/may be
limited to 1 assigned
day/month.
No watering
permitted.
No watering
permitted.
No
watering
permitted.
Table 4- 1: Outdoor Watering and New Vegetation Installation Recommended Response Measures
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Table 4- 2: Water Feature Recommended Response Measures
Washing Events Recommended Response Measures
Water Use
Element Car-washing at home Commercial
car washes Fleet vehicle washing Street cleaning Driveway and sidewalk washing Drought Stage Declared Stage 1
Customer
Outreach Permitted with bucket
or hand-held hose with
shutoff nozzle.
No
restrictions.
No restrictions.
No restrictions.
Use dry clean-up methods prior to
washing.
Stage 2
Mandatory
Restrictions
Washing is limited to once
every 2 weeks.
Use dry clean-up methods prior to
washing. High efficiency equipment
required.
Stage 3
Ban on Lawn
Watering Not permitted. Must
use commercial car
wash.
Limited to 1 time per month
only for health and safety. Washing and spraying on impervious
surfaces (driveways and sidewalks) is
prohibited. Stage 4
Rationing
Not permitted unless for
public health and safety
reasons.
Permitted for extreme
health and safety issues
only.
Table 4- 3: Washing Events Recommended Response Measures
Water Feature Recommended Response Measures
Water Use Element Swimming pools Other water features (fountains, splash pads, ponds and waterfalls) Drought Stage Declared Stage 1
Customer Outreach
No restrictions.
No restrictions.
Stage 2
Mandatory Restrictions
All ornamental fountains on City-owned property and in City owned
buildings and splash parks are turned off.
Stage 3
Ban on Lawn Watering
Single-family residential pools and spas shall not be filled
or refilled. Operation of other pools and spas will be
permitted.
All ornamental fountains and splash parks are turned off.
Stage 4
Rationing No filling of any pools or spas. All ornamental fountains, outdoor drinking fountains, and splash
parks are to be turned off.
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Table 4- 4: Commercial-Institutional Recommended Response Measures
Commercial-Institutional Processes Recommended Response Measures
Water Use Element Restaurants Lodging Construction water Hydrants Drought Stage Declared Stage 1
Customer Outreach
No
restrictions. No restrictions. No restrictions. No restrictions.
Stage 2
Mandatory Restrictions
Water served
only on
request.
Laundry restrictions.
Must comply with City’s
signage program.
Conserve and prevent wasting
of construction water.
Hydrant flushing is prohibited unless
necessary for public safety reasons.
Stage 3
Ban on Lawn Watering Hydrant flushing is prohibited unless
necessary for public safety reasons. Use of all
water for fire training and use of water from
hydrants is not permitted unless necessary
for public safety.
Stage 4
Rationing
Use of all construction water is
prohibited unless necessary for
air quality, public health and
safety reasons.
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5 DROUGHT RESPONSE PROGRAM ENFORCEMENT
The authority to enforce the water reduction targets provided in the Plan and City of Bozeman customers’
violations of the response measures is provided for in the Bozeman Municipal Code (BMC). Relevant code
provisions are set forth in their entirety in Appendix D and summarized below.
BMC Section 40.02.1280 states that all provisions addressing outdoor water use restrictions are
applicable to all persons both in and out of the City and regardless of whether any person using
water has a contract for water service with the City.
BMC Section 40.02.1300 establishes that the City Manager is authorized to enact a drought
declaration including the implementation of pursuant response measures and drought
surcharges. This includes the authority to restrict or wholly prohibit the outdoor use of the water
supply.
BMC Section 40.02.1310 prohibits the waste of water including but not be limited to permitting
water to escape or run to waste, excessive use, and escape of water through breaks, leaks, or
malfunctions in the plumbing or irrigation system.
BMC Section 40.02.1300.H states that whenever drought restrictions are in effect, certain indoor
uses are also not permitted. This includes requiring business establishments which serve
beverages for human consumption to only serve water upon request and that hotels, motels, and
other commercial lodging establishments provide guests with the option to forgo having used
towels and linens laundered daily.
Additional drought contingency provisions pertaining to the timing of outdoor watering,
installation of new landscape vegetation, other outdoor water uses, as well as the implementation
of drought surcharge rates are set forth in BMC Section 40.02.1300.
Enforcement provisions for violations of drought response measures are set forth in BMC Sections
40.02.1340 and 40.02.1350. Enforcement provisions include fines and discontinuation of water service.
Violation of the watering restrictions and mandatory drought response measures constitutes a
misdemeanor pursuant to BMC Section 40.02.1350. Upon conviction thereof, the violator shall be fined
an amount not less than $100 and not more than $500.
Violators will be located based on citizen complaints received at 406.582.3220 from 8am to 5pm or via
the City of Bozeman’s (www.bozemanwater.com) Drought Management Webpage. The City should issue
a warning to the customer notifying the water user that there has been a complaint. Individuals with
numerous complaints may receive special attention by the City of Bozeman’s enforcement team.
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5.1 Drought Management Plan Updates
The Drought Management Plan should be updated regularly for the following reasons:
1. The local and national drought monitoring parameters should be refined over time as new and
improved data become available.
2. The City has recently added monitoring on Sourdough Creek and the East Gallatin River. As these
data sources become more robust, they can be utilized by the City for drought monitoring
purposes.
3. Demand volumes and patterns may change over time.
4. The City’s infrastructure, specifically its raw water supply portfolio and distribution system, may
grow and change over time.
5. Drought surcharge and reserve rates may change over time.
6. Response actions identified in this Plan may be improved upon, or new response actions may be
identified.
It is recommended that the City update the Drought Management Plan at a minimum of every 5 years.
However, if a moderate to severe drought is encountered, and in the process of monitoring and
responding to that drought the City encounters weaknesses or gaps in the Drought Management Plan,
then the Plan should be updated at that time.
Updates to the Plan may necessitate the re-establishment of the Drought Management Team and other
vested stakeholders to provide subject matter expertise.
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APPENDIX A – Drought Management Team
Organization Title/Role Drought Team Function Responsibilities
City of Bozeman Water Conservation Program
Manager Drought Plan coordinator Manage the Drought Team and Drought Plan
City of Bozeman Utilities Director Utilities coordination Direct oversight of Utilities
City of Bozeman Water/Sewer Superintendent Water distribution impacts and
response, lead of City water crews
Coordinate water distribution activities and utilize
crews for monitoring water use during drought
City of Bozeman Senior Water Resources Engineer Water/wastewater infrastructure
and water supply contact Support coordination of Drought Plan
City of Bozeman Parks and Cemetery Superintendent Parks and cemetery irrigation
coordination
Manage parks and recreation water usage and
responses to drought stages
City of Bozeman Chief of Police Law enforcement Enforcement of violations to enacted response
measures
City of Bozeman Fire Chief Fire hazard authority Enactment of burn ban during severe drought
City of Bozeman Water Treatment Plant
Superintendent
Water treatment plant operations
and water supply contact
Monitor and report water supply and demand
information
City of Bozeman Finance Director Drought surcharge coordinator Ensure timely implementation of drought surcharges
as needed
City of Bozeman Associate Planner Planning coordinator Coordinate solutions for restrictions that impact the
development review and approval process
City of Bozeman Communications and Engagement
Manager Communications coordinator Coordinate City communications, ensure consistent
messaging
City of Bozeman Sustainability Program Manager Climate Plan coordination
Coordinate with Climate Plan efforts
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Gallatin County Disaster and Emergency Coordinator Disaster and Emergency Services
Contact and Coordination
Disaster and emergency coordination and drought
communications coordination.
Gallatin County Communications Coordinator Gallatin County drought education
coordination Drought communication and education coordination.
Gallatin County Planning Director Gallatin County Drought Plan
communications coordinator
Coordinate/assist with county-wide drought planning
and response
Gallatin County Local
Water Quality District District Manager Gallatin County water supply
monitoring
Provide county water supply monitoring data and
support
Montana State
University Director of Facility Services MSU drought coordinator Coordinate MSU water use and assist with drought
communication to MSU community
Montana State
University Grounds Manager MSU irrigation coordinator Coordinate MSU irrigation use
Bozeman Public
Schools Director of Facilities BPS drought coordinator Coordinate BPS water use and assist with drought
communication to BPS community
US Forest Service Fire Management Officer Fire management coordinator Fire condition monitoring, planning fire
communications
Dept. of Natural
Resources and
Conservation
Bozeman Regional Manager DNRC coordinator Assist with drought communications and response
and regional water supply coordination
AE2S Project Manager Drought Management Plan point of
contact
Provide short-term, as-needed support and
modifications to the drought monitoring tool
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APPENDIX B - Drought Monitoring Tool and Dashboard Snapshot
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APPENDIX C - Drought Monitoring Tool Calibration Snapshots
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APPENDIX D – Bozeman Municipal Code Outdoor Water Use Restrictions
and Drought Contingency Response
DIVISION 4. - OUTDOOR WATER USE RESTRICTIONS AND DROUGHT CONTINGENCY RESPONSE
Sec. 40.02.1250. - Findings.
A. A reliable minimum supply of water is essential to the public health, safety and welfare of the people
and the economy of the City of Bozeman.
B. Bozeman is a semi-arid, headwaters community dependent on limited water supplies that are driven by
snowpack and subject to impacts from drought. Drought events, population growth, and impacts of
climate change on water supply yields, make Bozeman highly-susceptible to water supply reliability
challenges.
C. Responsible water management requires active conservation measures not only in times of drought but
at all times.
D. A reliable minimum supply of water is essential to meet current and future water supply needs.
Sec. 40.02.1260. – Purpose and intent
To minimize or avoid the effect and hardship of potential water supply shortages to the greatest extent
possible, this division establishes the means and authority to:
1. Implement the City of Bozeman’s Drought Management Plan;
2. Reduce water consumption long-term through permanent, outdoor water use restrictions, and short-
term through additional water demand mitigation actions;
3. Enable effective water supply reliability planning;
4. Assure reasonable and beneficial use of water;
5. Ensure adequate supplies of water are available for essential uses during times of water shortage; and
6. Prevent waste of water and ensure water use efficiency.
Sec. 40.02.1270. – Definitions.
A. For the purposes of this division only, the following terms, phrases, words, and their derivations shall
have the meaning given herein.
1. “Drought restriction” means a required curtailment of specific water uses enacted due to a drought
declaration.
2. “Essential use” means the use of water necessary for firefighting, health, welfare and safety; water
needed to sustain basic human, aquatic and animal life; and water necessary to satisfy federal, State,
and local laws for the protection of public health, sanitation and safety.
3. “Excessive water use” means use that is not considered reasonable, prudent, or a wise use of water
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for an authorized purpose.
4. “Landscape” means an area with vegetative groundcover or other natural living plant materials
including but not limited to: grass, turf, trees, ornamental perennials, shrubs, perennial flowers, annual
flowers, food gardens, and surrounding landscape design elements such as rock mulch and wood mulch.
5. “Low volume drip irrigation” means the application of irrigation water at low pressure through a
system of tubing or lateral lines and low volume emitters such as drip, drip lines, and bubblers.
6. “Non-essential use” means the use of water not for essential use, which may be curtailed during
times of shortage without compromising public health, sanitation, welfare and safety.
7. “Outdoor water use” means the use of water, excluding water which has been used indoors and is
being recycled for outdoor use, for:
a. Sprinkling or irrigating gardens, lawns or other outdoor vegetation;
b. Washing motorized and non-motorized vehicles, including but not limited to automobiles, trucks,
vans, buses, motorcycles, boats, bikes and trailers;
c. Washing sidewalks, walkways, driveways, parking areas, outside building walls, patios, alleys or
other outdoor surfaces;
d. Washing any business or industrial equipment machinery;
e. Operating any ornamental fountain or other similar structure not employing a recirculating
system; and
f. Filling swimming pools, wading pools, hot tubs and spas not employing a filter and recirculating
system.
8. “Spray irrigation” means the act of applying water to landscape by sprinklers or spray nozzles that
deliver water to the landscape through the air.
9. “Turf” means grass and the surface layer of earth held together by its roots, including but not limited
to cool season lawn grasses.
10. “Water” means water from the city's water service utility.
11. “Water waste” means the intentional or unintentional excessive use of water; allowing water to be
applied in any manner, rate or quantity such that the runoff from the landscaped area being watered is
allowed to pool or flow across the ground, into any drainage way, or onto any impervious surface; water
that has escaped or run to waste; and the escape of water through defective plumbing, breaks, leaks,
or malfunctions in the plumbing or irrigation system.
12. “Watering window” means the period, timeframe, or continuous hours of the day(s) in which
outdoor watering is permitted.
Sec. 40.02.1280. – Application of division.
A. The provisions of this division or any restriction or prohibition in force shall apply as follows:
1. To all persons using water both in and outside the city, and regardless of whether any person using
water shall have a contract for water service with the city; or
2. To persons contracting for water service at a location who shall be responsible and strictly liable for
all water use at that location.
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B. This division is intended to ensure an adequate and reliable water supply for essential uses, ensure the
public’s health safety during times of water shortage, and to further the beneficial use and conservation of
water.
Sec. 40.02.1290. – Outdoor water use restrictions
A. Authority to restrict outdoor use of water. The city manager is authorized and empowered, whenever
the situation demands, to restrict or wholly prohibit outdoor water use of the city’s water service utility.
This includes the power to approve exemptions and relaxations to outdoor water use restrictions. Except
for the restrictions in 40.02.1290.B, any restriction imposed by order of the city manager shall become
effective at midnight immediately following notice posted and available on the city’s website.
B. Outdoor water use restrictions. Notwithstanding the city manager’s authority in 40.02.1290.A, the
following restrictions apply to all property using water from the city’s water utility:
1. Permanent time of day and day of week watering restrictions. Outdoor watering of landscapes with
the use of spray irrigation shall be limited to an assigned three (3) days per week watering schedule as
follows:
a. Properties with even numbered physical addresses: Tuesday, Thursday, and Saturday;
b. Properties with odd numbered physical addresses: Wednesday, Friday, and Sunday; and
c. Public parks, private open spaces, street right-of-ways: Monday, Wednesday, and Friday.
2. Time of day watering prohibition. The outdoor watering of landscapes with the use of spray
irrigation is prohibited seven (7) days a week between the hours of 10:00am and 8:00pm.
3. Watering Window. For the purposes of identifying the allowable watering window associated with
the allowable watering day and times of day, the watering window begins at 8pm on the day prior to
the allowable watering day, and ends at 10am on the allowable watering day.
4. Water waste prohibited. Outdoor water use that results in water escaping or running to waste,
excessive use, and the escape of water through breaks, leaks, or malfunctions in the plumbing or
irrigation system is prohibited.
C. Exemptions to outdoor water use restrictions. The following activities are exempt from the
requirements of 40.02.1290.B:
1. Outdoor watering of trees, drought tolerant ornamental perennials, shrubs, perennial flowers and
food gardens. Outdoor watering with the use of a hose equipped with positive shut-off nozzle or
device, hand-held bucket or similar container, or landscape irrigation systems that exclusively use low-
volume drip irrigation for the purpose of watering trees, perennials, shrubs, flowers and food gardens;
2. Turf establishment. Watering, for the sole purpose of turf establishment, is permitted for up to 45
days upon the installation of new turf from sod or seed.
3. Irrigation system maintenance. Water use associated with irrigation system operation for the
purposes of installation, repair, adjustments, performance assessments, and other related
maintenance issues provided that the system is attended to throughout the period of operation.
D. Special circumstances. The city manager may establish standards for the exemption or relaxation of
the restrictions in this division. When reasonable cause exists, the city manager may grant an exemption
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or relaxation for special circumstances not described in this division, including but not limited to the use
of new irrigation technology, and preservation of turf subject to heavy public use. The city manager must
maintain a list of approved exemptions and relaxations to requirements in this section.
Sec. 40.02.1300. – Drought contingency response.
A. Authority to enact a drought declaration. The city manager is, upon notification to the city
commission, authorized to order a drought declaration and corresponding water use restrictions. This
includes the power to approve exemptions and relaxations to enacted water use restrictions.
B. Drought restriction and response measure implementation.
1. Response measures must substantially protect the City’s water supply as drought severity increases
or water supply availability decreases, in order to preserve the City’s available water supply for
purposes essential to public health, sanitation, safety, welfare and essential services including but not
limited to police and fire services.
2. A drought declaration may necessitate that the city manager implement additional water use
restrictions not listed in 40.02.1290. These drought restrictions may vary based upon drought severity
and other pertinent circumstances. Any additional water use restriction must substantially conform to
response measures outlined in the city’s Drought Management Plan.
C. Drought surcharge rates.
1. Effective Date. Upon a drought declaration, drought surcharge rates provided for in the effective
water utility rate structure adopted by the city commission shall go into effect pursuant to the drought
stage, customer class, and water rate tier, as applicable.
2. Billing Cycle. Drought surcharge rates shall not go into effect prior to the effective date of the
declared drought, and shall be reflected in utility customer billing statements representing water
usage during the declared drought.
D. Water Superintendent Emergency Authority. Nothing in this division diminishes the authority given to
the water superintendent in 40.02.840 to prohibit or restrict water use during an emergency.
E. Irrigation systems; timing. When drought restrictions are in effect, the city manager may set alternative
watering time and/or duration restrictions for the use of automatic irrigation systems or those which are
equipped with a timing device.
F. Landscaping; seeding; sodding; planting. When drought restrictions are in effect, the city manager may
restrict or wholly prohibit the seeding, sodding or planting of live vegetation. Landscaping not installed for
new development projects due to the implementation of this section may be allowed an extended time to
complete landscaping improvements of an additional 12 months to the timing provisions outlined in
38.270.060 for the purpose of receiving issuance of a certificate of occupancy.
G. Restriction of certain outdoor uses when drought restrictions are in effect.
1. Hosing or washing down hard or paved surfaces.
a. When drought restrictions are in effect, hosing or washing down hard or paved surfaces
including, but not limited to, sidewalks, walkways, driveways, parking areas, outside building walls,
patios or alleys is prohibited.
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b. When it is necessary to hose or wash down hard or paved surfaces for purposes essential to
protect public health, sanitation, safety, and welfare, the following devices may be used: hand-held
bucket or similar container; hand-held hose equipped with a positive shut-off nozzle or device; and
low volume, high-pressure cleaning machine.
2. Hosing or washing down vehicles.
a. When drought restrictions are in effect, hosing or washing down motorized and non-motorized
vehicles, including but not limited to automobiles, trucks, vans, buses, motorcycles, boats, bikes and
trailers is prohibited.
b. The following devices are exempt from this restriction: use of hand-held bucket or similar
container; use of hand-held hose equipped with a positive shut-off nozzle or device; and commercial
car washing facility.
3. A drought declaration may warrant the implementation of drought restrictions that require
additional curtailments of outdoor water uses beyond those identified in this division. All additional
curtailments must substantially conform to the city’s Drought Management Plan.
H. Restriction of particular indoor uses when drought restrictions are in effect.
1. Water served only upon request. When drought restrictions are in effect, business establishments
are prohibited from serving complimentary water for human consumption unless requested by a
customer.
2. Option not to have towels/linens laundered. Whenever drought restrictions are in effect, hotels,
motels, and other commercial lodging establishments must provide guests the option to decline
having used towels and linens laundered daily. Such establishments must prominently display notice
of this option in each room using clear and easily understood language.
Sec. 40.02.1310. – Wasting water prohibited.
No person shall waste water which shall include but not be limited to permitting water to escape or run to
waste, excessive use, and escape of water through breaks, leaks, or malfunctions in the plumbing or
irrigation system.
Sec. 40.02.1330. - Exception to maintain sanitation.
The director of public works shall have the authority to permit a reasonable use of water in any case
necessary to maintain adequate health and sanitation standards.
Sec. 40.02.1340. - Enforcement.
A. Police officers to enforce. Every police officer of the city shall, in connection with the duties
imposed by law, diligently enforce the provisions of this division.
B. Discontinuance of service. The City Manager shall have the authority to enforce the provisions of
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this division by the discontinuance of water service in the event of violation hereof.
Sec. 40.02.1350. - Penalties.
Any person who violates this division or the restrictions issued hereunder shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be fined in an amount not less than $100.00 or more
than $500.00.
Sec. 40.02.1360. - Legislative intent.
It is the intent of the City Commission that the criminal offense listed in this division shall be an offense
involving absolute liability. Unless specifically provided otherwise, this offense shall not require proof of
any one of the mental states described in MCA 45-2-101(33), (37), and (58).
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Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
John Alston, Director of Utilities
SUBJECT:Ordinance 2110 Provisional Adoption Amending the City’s Outdoor Water
Use Restrictions by Establishing Permanent Restrictions on Time of Day and
Day of the Week and Creating Exemptions from Said Restrictions,
Establishing the City’s Drought Contingency Response, Including Authorizing
the City Manager to Declare a Drought, Providing for Drought Surcharge
Rates During a Drought, and Establishing Standards for Use of City Utility
Water During a Declared Drought
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:I move to provisionally adopt Ordinance 2110.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:In 2013, the City adopted an Integrated Water Resources Plan (IWRP) to
guide future water supply policies and practices in order to meet water
demands over the 50-year planning horizon. The IWRP recommends that
water conservation fill 50% of the gap between water supply and demand as
the City continues to grow. Upon adoption of the IWRP, the City
Commission specifically supported an education and incentive-based
approach to conservation, with a recognition that efforts would need to
include regulatory measures in the future.
The water conservation program has been effective in reducing water use
through the implementation of numerous education and incentive based
initiatives. Specifically, gallons per capita day water usage has been reduced
by 13% since the inception of the water conservation program, despite
increases in population. However, City staff have identified a need to
include regulatory measures in water conservation efforts as city water
supplies become increasingly vulnerable due to drought events, population
growth, impacts of climate change on water supply yields, and limited water
storage. The Commission provided staff direction on the development of
these regulatory water conservation standards during a work session on
February 15, 2022, including the development of permanent outdoor
watering restrictions.
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Outdoor watering of lawns and landscapes represents fifty percent of annual
residential water use in Bozeman. A recent analysis of single family water
use based on year-built indicates that homes built over the last decade are
applying over twice the amount of water to landscapes as compared to older
homes, despite being located on smaller lots with less landscaping. This is
likely due in large part to the installation of inefficient irrigation systems and
high water use turf grass in new construction, and irrigation practices that
result in excessive outdoor water use throughout the community.
Permanent outdoor watering restrictions are a necessary and effective tool
for reducing excessive outdoor water usage while maintaining landscape
health. Ordinance 2110 establishes permanent outdoor water use
restrictions that apply to all City customers using City of Bozeman water for
outdoor irrigation. This Ordinance also establishes exemptions to these
restrictions for the use of high efficiency low volume drip irrigation, food
gardens, trees, and for other special circumstances.
In addition to establishing permanent outdoor watering restrictions,
Ordinance 2110 establishes the City’s drought contingency response. Key
highlights of drought contingency response include:
• BMC Section 40.02.1300: Authorizes the City Manager to enact a drought
declaration including response measures generally in accordance with the
adopted Drought Management Plan;
• BMC Section 40.02.1300: Authorizes the City Manager to implement
drought surcharges pursuant to the effective water billing rates previously
established by the Commission;
• BMC Section 40.02.1300: Requires business establishments that serve
beverages for human consumption to only serve water upon request, and
that hotels, motels, and other commercial lodging establishments provide
guests with the option to forgo having used towels and linens laundered
daily while drought restrictions are in effect;
• Establishes additional drought contingency provisions pertaining to the
timing of outdoor watering, installation of new landscape vegetation, other
outdoor water uses; and
• BMC Section 40.02.1310: Prohibits the waste of water.
The adoption of Ordinance 2110 will assist the City in ensuring adequate,
reliable future water supplies are available for growth and purposes
essential to public health, safety, and welfare.
UNRESOLVED ISSUES:None
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:None.
Attachments:
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Ord. 2110_Permanent Watering Restrictions and Drought
Contingency Response.pdf
Report compiled on: April 21, 2022
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Ord 2100
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ORDINANCE 2110
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING THE CITY’S OUTDOOR WATER USE RESTRICTIONS BY
ESTABLISHING PERMANENT RESTRICTIONS ON TIMES OF DAY AND DAY OF
THE WEEK AND CREATING EXEMPTIONS FROM SAID RESTRICTIONS,
ESTABLISHING THE CITY’S DROUGHT CONTINGENCY RESPONSE, INCLUDING
AUTHORIZING THE CITY MANAGER TO DECLARE A DROUGHT, PROVIDING
FOR DROUGHT SURCHARGE RATES DURING A DROUGHT, AND ESTABLISHING
STANDARDS FOR USE OF CITY UTILITY WATER DURING A DECLARED
DROUGHT.
WHEREAS, Mon. Const. Art. IX, Sec. 3 declares the use of all water, including “the sites
for reservoirs necessary for collecting and storing water shall be held to be a public use” for the
people of Montana and that such water is “subject to appropriation for beneficial uses as provided
by law”; and
WHEREAS, pursuant to Mont. Code Ann. § 7-13-4402 (2021), the City of Bozeman “has
power to adopt, enter into, and carry out means for securing a supply of water for the use” of the
city or its citizens; and
WHEREAS, the City is a local government with self-governing powers and its City
Commission has the power to adopt or amend the Bozeman Municipal Code; and
WHEREAS, the City has an interest in protecting the availability of water from the City’s
water utility by managing its use; and
WHEREAS, Bozeman is a semi-arid, headwaters community dependent on limited water
supplies that are subject to impacts from drought. Drought events, population growth, and
impacts of climate change on water supply yields, make Bozeman highly-susceptible to water
supply reliability challenges; and
WHEREAS, drought is part of the City of Bozeman’s history; and
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WHEREAS, on December 21, 2021, the City Commission adopted Resolution 5368 which
established the Commission’s priority of promoting water conservation for 2022 and 2023; and
WHEREAS, irrigation water use for lawns and landscapes represents approximately fifty
percent of total city water demand during summer months; and
WHEREAS, permanent outdoor watering restrictions are a necessary and effective tool
for reducing excessive outdoor water usage while maintaining landscape health; and
WHEREAS, the City Commission is committed to drought preparedness pursuant to the
Drought Management Plan (Plan) adopted by Resolution 4728 by the City Commission on January
9, 2017; and
WHEREAS, on May 3, 2022, the City Commission passed Resolution 5398 and adopted
the City’s 2022 Drought Management Plan;
WHEREAS, the Plan provides the City tools to continuously assess and evaluate drought
factors, guidelines about how to proactively implement drought mitigation and response actions,
and strategic responses specific to each of the four stages of drought; and
WHEREAS, the City has a legitimate interest in protecting the City’s water supply as
drought severity increases to preserve the City’s available water supply for those purposes essential
to public health, safety, and welfare; and
WHEREAS, Bozeman Municipal Code Chapter 40, Division 4, provides the authority for
the City Manager to implement outdoor water use restrictions.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Chapter 40, Article 2, Division 4 of the Bozeman Municipal Code be re-named as follows:
DIVISION 4. – OUTDOOR WATER USE RESTRICTIONS AND DROUGHT
CONTINGENCY RESPONSE
Section 2
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That Sec. 40.02.1250, “Definitions,” will be re-named and amended as follows:
Sec. 40.02.1250. Definitions. -Findings.
A. For the purposes of this division, the following terms, phrases, words, and their derivations
shall have the meaning given herein.
1. "Outdoor use" means the use of water, excepting water which has been used indoors and
is being recycled for outdoor use, for:
a. Sprinkling or irrigating gardens, lawns or other outdoor vegetation;
b. Washing automobiles, trucks, or other mobile equipment except at places of business
where such are washed on every business day either with attendants, with automatic
equipment or by self-service;
c. Washing sidewalks, driveways, outside building walls or other outdoor surfaces;
d. Washing any business or industrial equipment machinery;
e. Operating any ornamental fountain or other similar structure not employing a
recirculating system;
f. Swimming and wading pools not employing a filter and recirculating system;
g. Leakage or other escape outdoors through defective plumbing when a person has
knowingly permitted the defective plumbing to remain in disrepair;
h. Settling back-fill around foundations, pipes, etc.; and
i. Other outdoor uses except use for fire protection.
2. "Water" means water from the city's water service utility.
A. reliable minimum supply of water is essential to the public health, safety and welfare of
the people and the economy of the City of Bozeman.
B. Bozeman is a semi-arid, headwaters community dependent on limited water supplies that are
driven by snowpack and subject to impacts from drought. Drought events, population growth,
and impacts of climate change on water supply yields, make Bozeman highly-susceptible to
water supply reliability challenges.
C. Responsible water management requires active conservation measures not only in times of
drought but at all times.
D. A reliable minimum supply of water is essential to meet current and future water supply
needs.
Section 3
That Sec. 40.02.1260, “Application of restrictions,” will be re-named and amended as follows:
Sec. 40.02.1260. Application of restrictions. -Purpose and intent.
A. The provisions of this division or any restriction or prohibition in force pursuant thereto
shall apply as follows:
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1. To all persons using water both in and outside the city, and regardless of whether
any person using water shall have a contract for water service with the city; or
2. To persons contracting for water service at a location who shall be responsible and
strictly liable for all water use at that location.
To minimize or avoid the effect and hardship of potential water supply shortages to the
greatest extent possible, this division establishes the means and authority to:
1. Implement the City of Bozeman’s Drought Management Plan;
2. Reduce water consumption long-term through permanent, outdoor water use restrictions,
and short-term through additional water demand mitigation actions;
3. Enable effective water supply reliability planning;
4. Assure reasonable and beneficial use of water;
5. Ensure adequate supplies of water are available for essential uses during times of water
shortage; and
6. Prevent waste of water and ensure water use efficiency.
Section 4
That Section 40.02.1270, “Authority to restrict outdoor use of water,” will be re-named and
amended as follows:
Sec. 40.02.1270. -Authority to restrict outdoor use of water. -Definitions.
The director of public works is, with the concurrence of the city manager, authorized,
directed and empowered, whenever in the director's opinion the necessities of the situation demand
such action, to restrict or wholly prohibit the outdoor use of the water supply of the water service
utility.
A. For the purposes of this division only, the following terms, phrases, words, and their derivations
shall have the meaning given herein.
1. “Drought restriction” means a required curtailment of specific water uses enacted due to a
drought declaration.
2. "Water" means water from the city's water service utility. “Essential use” means the use of
water necessary for firefighting, health, welfare and safety; water needed to sustain basic
human, aquatic and animal life; and water necessary to satisfy federal, State, and local laws for
the protection of public health, sanitation and safety.
3. “Excessive water use” means use that is not considered reasonable, prudent, or a wise use
of water for an authorized purpose.
4. “Landscape” means an area with vegetative groundcover or other natural living plant
materials including but not limited to: grass, turf, trees, ornamental perennials, shrubs,
perennial flowers, annual flowers, food gardens, and surrounding landscape design elements
such as rock mulch and wood mulch.
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5. “Low volume drip irrigation” means the application of irrigation water at low pressure
through a system of tubing or lateral lines and low volume emitters such as drip, drip lines, and
bubblers.
6. “Non-essential use” means the use of water not for essential use, which may be curtailed
during times of shortage without compromising public health, sanitation, welfare and safety.
7. “Outdoor water use” means the use of water, excluding water which has been used indoors
and is being recycled for outdoor use, for:
a. Sprinkling or irrigating gardens, lawns or other outdoor vegetation;
b. Washing motorized and non-motorized vehicles, including but not limited to
automobiles, trucks, vans, buses, motorcycles, boats, bikes and trailers;
c. Washing sidewalks, walkways, driveways, parking areas, outside building walls, patios,
alleys or other outdoor surfaces;
d. Washing any business or industrial equipment machinery;
e. Operating any ornamental fountain or other similar structure not employing a
recirculating system; and
f. Filling swimming pools, wading pools, hot tubs and spas not employing a filter and
recirculating system.
8. “Spray irrigation” means the act of applying water to landscape by sprinklers or spray
nozzles that deliver water to the landscape through the air.
9. “Turf” means grass and the surface layer of earth held together by its roots, including but
not limited to cool season lawn grasses.
10. “Water” means water from the city's water service utility.
11. “Water waste” means the intentional or unintentional excessive use of water; allowing
water to be applied in any manner, rate or quantity such that the runoff from the landscaped
area being watered is allowed to pool or flow across the ground, into any drainage way, or onto
any impervious surface; water that has escaped or run to waste; and the escape of water through
defective plumbing, breaks, leaks, or malfunctions in the plumbing or irrigation system.
12. “Watering window” means the period, timeframe, or continuous hours of the day(s) in
which outdoor watering is permitted.
Section 5
That Section 40.02.1280, “Restriction of particular indoor uses,” will be re-named and amended
as follows:
Sec. 40.02.1280. - Restriction of particular indoor uses. -Application of restrictions division.
Whenever outdoor use restrictions are in effect, business establishments which serve
beverages for human consumption shall be prohibited from serving water except upon request.
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A. The provisions of this division or any restriction or prohibition in force pursuant thereto shall
apply as follows:
1. To all persons using water both in and outside the city, and regardless of whether any person
using water shall have a contract for water service with the city; or
2. To persons contracting for water service at a location who shall be responsible and strictly
liable for all water use at that location.
B. This division is intended to ensure an adequate and reliable water supply for essential uses,
ensure the public’s health safety during times of water shortage, and to further the beneficial use
and conservation of water.
Section 6
That Section 40.02.1290, “Sprinkling systems; timing” will be re-named and amended as follows:
Sec. 40.02.1290. Sprinkling systems; timing. -Outdoor water use restrictions.
Whenever outdoor use restrictions are in effect, the director of public works may set alternative
time restrictions for the use of large scale sprinkling systems or those which are equipped with a
timing device.
A. Authority to restrict outdoor use of water. The city manager is authorized and empowered,
whenever the situation demands, to restrict or wholly prohibit outdoor water use of the city’s
water service utility. This includes the power to approve exemptions and relaxations to outdoor
water use restrictions. Except for the restrictions in 40.02.1290.B, any restriction imposed by
order of the city manager shall become effective at midnight immediately following notice
posted and available on the city’s website.
B. Outdoor water use restrictions. Notwithstanding the city manager’s authority in
40.02.1290.A, the following restrictions apply to all property using water from the city’s water
utility:
1. Permanent time of day and day of week watering restrictions. Outdoor watering of
landscapes with the use of spray irrigation shall be limited to an assigned three (3) days per
week watering schedule as follows:
a. Properties with even numbered physical addresses: Tuesday, Thursday, and Saturday;
b. Properties with odd numbered physical addresses: Wednesday, Friday, and Sunday;
and
c. Public parks, private open spaces, street right-of-ways: Monday, Wednesday, and
Friday.
2. Time of day watering prohibition. The outdoor watering of landscapes with the use of
spray irrigation is prohibited seven (7) days a week between the hours of 10:00am and
8:00pm.
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3. Watering window. For the purposes of identifying the allowable watering window
associated with the allowable watering day and times of day, the watering window begins at
8pm on the day prior to the allowable watering day, and ends at 10am on the allowable
watering day.
4. Water waste prohibited. Outdoor water use that results in water escaping or running to
waste, excessive use, and the escape of water through breaks, leaks, or malfunctions in the
plumbing or irrigation system is prohibited.
C. Exemptions to outdoor water use restrictions. The following activities are exempt from the
requirements of 40.02.1290.B:
1. Outdoor watering of trees, drought tolerant ornamental perennials, shrubs, perennial
flowers and food gardens. Outdoor watering with the use of a hose equipped with positive
shut-off nozzle or device, hand-held bucket or similar container, or landscape irrigation
systems that exclusively use low-volume drip irrigation for the purpose of watering trees,
perennials, shrubs, flowers and food gardens;
2. Turf establishment. Watering, for the sole purpose of turf establishment, is permitted for
up to 45 days upon the installation of new turf from sod or seed.
3. Irrigation system maintenance. Water use associated with irrigation system operation for
the purposes of installation, repair, adjustments, performance assessments, and other related
maintenance issues provided that the system is attended to throughout the period of
operation.
D. Special circumstances. The city manager may establish standards for the exemption or
relaxation of the restrictions in this division. When reasonable cause exists, the city manager
may grant an exemption or relaxation for special circumstances not described in this division,
including but not limited to the use of new irrigation technology, and preservation of turf
subject to heavy public use. The city manager must maintain a list of approved exemptions and
relaxations to requirements in this section.
Section 7
That Section 40.02.1300, “Landscaping; seeding; sodding; planting” will be re-named and
amended as follows:
Sec. 40.02.1300. Landscaping; seeding; sodding; planting. -Drought contingency response.
While it is not the intent of this division to place restrictions on the normal conduct
of business, whenever outdoor use restrictions are in effect, the director of public works may
restrict or wholly prohibit the seeding, sodding or planting of live vegetation.
A. Authority to enact a drought declaration. The city manager is, upon notification
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to the city commission, authorized to order a drought declaration and corresponding water use
restrictions. This includes the power to approve exemptions and relaxations to enacted water use
restrictions.
B. Drought restriction and response measure implementation.
1. Response measures must substantially protect the City’s water supply as drought severity
increases or water supply availability decreases, in order to preserve the City’s available
water supply for purposes essential to public health, sanitation, safety, welfare and essential
services including but not limited to police and fire services.
2. A drought declaration may necessitate that the city manager implement additional water
use restrictions not listed in 40.02.1290. These drought restrictions may vary based upon
drought severity and other pertinent circumstances. Any additional water use restriction must
substantially conform to response measures outlined in the city’s Drought Management Plan.
C. Drought surcharge rates.
1. Effective Date. Upon a drought declaration, drought surcharge rates provided for in the
effective water utility rate structure adopted by the city commission shall go into effect
pursuant to the drought stage, customer class, and water rate tier, as applicable.
2. Billing Cycle. Drought surcharge rates shall not go into effect prior to the effective date of
the declared drought, and shall be reflected in utility customer billing statements representing
water usage during the declared drought.
D. Water Superintendent Emergency Authority. Nothing in this division diminishes the
authority given to the water superintendent in 40.02.840 to prohibit or restrict water use during
an emergency.
E. Irrigation systems; timing. When drought restrictions are in effect, the city manager may set
alternative watering time and/or duration restrictions for the use of automatic irrigation systems
or those which are equipped with a timing device.
F. Landscaping; seeding; sodding; planting. When drought restrictions are in effect, the city
manager may restrict or wholly prohibit the seeding, sodding or planting of live vegetation.
Landscaping not installed for new development projects due to the implementation of this
section may be allowed an extended time to complete landscaping improvements of an additional
12 months to the timing provisions outlined in 38.270.060 for the purpose of receiving issuance
of a certificate of occupancy.
G. Restriction of certain outdoor uses when drought restrictions are in effect.
1. Hosing or washing down hard or paved surfaces.
a. When drought restrictions are in effect, hosing or washing down hard or paved
surfaces including, but not limited to, sidewalks, walkways, driveways, parking areas,
outside building walls, patios or alleys is prohibited.
b. When it is necessary to hose or wash down hard or paved surfaces for purposes
essential to protect public health, sanitation, safety, and welfare, the following devices may
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be used: hand-held bucket or similar container; hand-held hose equipped with a positive shut-
off nozzle or device; and low volume, high-pressure cleaning machine.
2. Hosing or washing down vehicles.
a. When drought restrictions are in effect, hosing or washing down motorized and non-
motorized vehicles, including but not limited to automobiles, trucks, vans, buses,
motorcycles, boats, bikes and trailers is prohibited.
b. The following devices are exempt from this restriction: use of hand-held bucket or
similar container; use of hand-held hose equipped with a positive shut-off nozzle or device;
and commercial car washing facility.
3. A drought declaration may warrant the implementation of drought restrictions that require
additional curtailments of outdoor water uses beyond those identified in this division. All
additional curtailments must substantially conform to the city’s Drought Management Plan.
H. Restriction of particular indoor uses when drought restrictions are in effect.
1. Water served only upon request. When drought restrictions are in effect, business
establishments are prohibited from serving complimentary water for human consumption
unless requested by a customer.
2. Option not to have towels/linens laundered. Whenever drought restrictions are in effect,
hotels, motels, and other commercial lodging establishments must provide guests the option
to decline having used towels and linens laundered daily. Such establishments must
prominently display notice of this option in each room using clear and easily understood
language.
Section 8
That Section 40.02.1310, “Notice required” will be re-named and amended as follows:
Sec. 40.02.1310. -Notice required. -Wasting water prohibited.
Restrictions or prohibitions imposed by the director of public works shall become effective at
midnight immediately following the publication of notice thereof in any daily newspaper
published in the city.
No person shall waste water which shall include but not be limited to permitting water to escape
or run to waste, excessive use, and escape of water through breaks, leaks, or malfunctions in the
plumbing or irrigation system.
Section 9
That Section 40.02.1320, “Wasting water prohibited,” will be appealed in its entirety.
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Section 10
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 11
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 12
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 13
Codification.
This Ordinance shall be codified as indicated in Sections 1 – 9.
Section 14
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 3rd day of May, 2022.
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____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 20__.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
260
Memorandum
REPORT TO:City Commission
FROM:Josh Waldo, Fire Chief
SUBJECT:Ordinance 2107 Provisional Adoption of Ordinance Authorizing Fire Chief to Issue
Burn Ban When Necessary
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Ordinance
RECOMMENDATION:I move to provisionally adopt Ordinance 2107, granting authority to the Bozeman
Fire Chief to issue burn bans as needed
STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency
preparedness, facilities, and leadership.
BACKGROUND:
Currently the City of Bozeman allows open burning under Section 18 Article
4 of the Bozeman Municipal Code. Examples of open burning in Bozeman
would include burning of materials such as small limbs, leaves, and other
natural products. As part of the opening burning process, permits are
required from March 1 through November 30. For small recreational fires
that are less than 36” in diameter a permit is not required and these fires
may occur year round regardless of open burning status. The Fire
Department has the ability to not issue open burning permits when it feels
that open burning may create a fire safety concerns due to weather,
drought, or climate conditions within the city.
When the Fire Department makes the decision to close open burning, it only
closes burning for fires that would normally require a permit. When open
burning is closed, small recreational fires are allowed to continue along with
the use of fire pits, chimineas, charcoal grills, fireworks and any other open
flame device. A burn ban differs from closing of opening burning as it
prohibits any burning or use of open flame that is not controlled by a shut
off device.
The implementation of a burn ban often accompanies weather conditions
that would support high fire danger in a community. As weather conditions
change rapidly it is important that the City maintain the flexibility to institute
a burn ban quickly when weather and fire conditions warrant such actions.
261
Today the implementation of a burn ban that exceeds closing open burning
requires that the request to enact a burn ban be placed on a city commission
agenda for approval, as no specific authority has been delegated to the Fire
Chief. In order to meet proper public noticing requirements this could mean
the implementation of a burn ban could take up to 10 days. As previously
stated, the City’s ability to maintain flexibility to adjust and respond to
rapidly changing weather and fire conditions is critically important. The
adjustments outlined in Ordinance 2107 would amend the Bozeman
Municipal Code to give the Fire Chief the authority to implement a burn ban
immediately without future implementation actions based on current
weather and fire conditions. The Fire Chief would ensure that notification to
the City Manager and City Commission is made anytime a burn ban was
implemented or rescinded and work with staff to effectively communicate
any burn ban to the citizens of Bozeman.
UNRESOLVED ISSUES:None at this time
ALTERNATIVES:As suggested by the City Commission
FISCAL EFFECTS:None
Attachments:
ORDINANCE 2107 Burn Ban.pdf
Report compiled on: April 20, 2022
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ORDINANCE 2107
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA GRANTING AUTHORITY TO THE FIRE CHIEF OF THE CITY OF
BOZEMAN TO ISSUE BURN BANS WITHIN THE CITY LIMITS WHEN NECESSARY.
WHEREAS, the City of Bozeman (the “City”) is authorized by the City Charter and
Montana law to establish programs and laws to protect the public health, safety and welfare of
the citizens of Bozeman; and
WHEREAS, pursuant to its Montana Code Annotated Section 7-33-4206, a city or town
has the power to regulate or prohibit the building of bonfires or the use of fireworks within the
city; and
WHEREAS, pursuant to Bozeman Municipal Code Section 2.04.300, the fire chief is
the executive head of the fire department; and
WHEREAS, pursuant to Bozeman Municipal Code Section 18.04.080, no fire shall be
set if wind or weather conditions make it hazardous to burn; open burning permits may be
temporarily suspended due to weather conditions; and the fire chief may close or restrict open
burning when necessary; and
WHEREAS, the City Commission finds a legitimate governmental interest to protect
the general health, safety and welfare of the citizens of Bozeman in providing the fire chief the
authority to close all types of burning including fireworks when climate conditions including
but not limited to, drought, weather forecast and available fire resources are such that any
burning could endanger the safety of life and property.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Chapter 18 of the Bozeman Municipal Code shall be amended as follows and any
sections not amended herein shall remain in effect:
Article 1 – In General
Section 18.01.010 – Fire Chief Authority
Notwithstanding any other provisions of this Chapter and the authority granted in Sec. 2.04.300,
the fire chief is authorized to issue a burn ban and may prohibit all fires and burning of
combustibles including but not limited to all open burning, fire pits, chimineas, charcoal grills, and
fireworks within the city limits. In determining to implement a burn ban, the fire chief may
consider, among others, current climate conditions including drought, weather forecast, and
available fire resources. Any burn ban issued by the fire chief may take immediate effect without
further implementing actions and will remain in effect until rescinded by the fire chief.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
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Ordinance No. 2107, Authority for Fire Chief to Issue Burn Ban.
Page 3 of 4
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
The provisions of Section 1 this Ordinance shall be codified in Chapter 18, Article 1 of the
Bozeman Municipal Code, entitled Fire Prevention and Protection: In General. Bozeman
Municipal Code shall be amended to include new Section 18.01.010, as set forth in Section 1 of
this Ordinance.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 3rd day of May, 2022.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
MIKE MAAS
City Clerk
FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 20__. The effective date of this ordinance is __________, __, 2022.
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Ordinance No. 2107, Authority for Fire Chief to Issue Burn Ban.
Page 4 of 4
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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Memorandum
REPORT TO:City Commission
FROM:Jessica Ahlstrom, Water Conservation Program Manager
John Alston, Director of Utilities
SUBJECT:Resolution 5400 Declaring a Stage One Drought, Implementing Stage One
Drought Response Measures and Stage One Drought Surcharges, and
Authorizing the Bozeman City Manager to Issue or Rescind Additional
Drought Stage Declarations and Drought Surcharges and Implement
Additional Drought Response Measures through Administrative Orders
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Resolution
RECOMMENDATION:I hereby move that the City Commission pass, adopt and approve Resolution
5400, declaring a stage one drought, implementing stage one drought
response measures and authorizing the Bozeman City Manager to issue or
rescind additional drought stage declarations and implement additional
drought response measures through administrative orders.
STRATEGIC PLAN:6.1 Clean Water Supplies: Ensure adequate supplies of clean water for today
and tomorrow.
BACKGROUND:On January 9, 2017 the City Commission approved Resolution 4728,
adopting the 2017 City of Bozeman Drought Management Plan (Plan).
The Plan establishes framework to monitor and respond to drought events
of varying severities in order to protect the health and safety of the
community by ensuring reliable water supplies are available for essential
uses during times of shortage.
The Plan outlines four drought stages and corresponding response
measures. Drought stages increase in severity from stage one to stage four.
Corresponding response measures become increasingly restrictive as
drought stages increase. Generally, the Plan calls for voluntary water
conservation during stage one, time of day and day of week watering
restrictions during stage two, a lawn watering ban in stage three, and water
rationing in stage four. Drought communications increase in scope and
frequency pursuant to the declared drought stage.
Plan implementation relies on regular monitoring of drought conditions
through utilization of the drought monitoring and evaluation tool. This tool
evaluates local data, such as reservoir volume, snowpack, and streamflow, as
267
well as national climate indices. Data evaluation provides City staff with
information needed to make recommendations to City Management for
drought stage declarations.
The City relies on adequate snowpack and streamflow to support city-wide
water demands. In spite of increased precipitation and cold temperatures
throughout the month of April 2022, the drought monitoring and evaluation
tool is currently reporting below normal snowpack and streamflow levels.
This is largely due to below normal precipitation received throughout the
months of January, February and March 2022, which resulted in low levels of
snow water equivalence (an indicator of available water in snowpack).
The declaration of a stage one drought and implementation of stage one
drought response measures includes increasing the scope and frequency of
drought awareness and water conservation messaging to the public to
encourage voluntary water conservation. No mandatory response
measures, such as lawn watering restrictions, are included for this stage one
drought declaration. Local print and television media outlets will receive
press releases notifying the community of a stage one drought declaration.
Stage one drought declaration and response messaging will be included on
city webpages, social media outlets, and in local newspapers. Messaging will
include a call to action asking residents to do their part to conserve water
supplies and reference resources highlighting ways to reduce water use.
The stage one drought declaration will also trigger stage one drought
surcharge rates pursuant to the adoption of Resolution 5273 in which these
rates were established. Drought surcharges for each declared drought stage
vary by customer class. This charge would be applied to the volumetric
water rate for each customer class. For single family customers, the
surcharge rate would change for each water use tier.
Due to the unpredictable and potentially severe nature of drought events, it
is important to declare subsequent drought stages and response measures
as soon as the need arises in order to adequately preserve water for
essential uses. Resolution 5400 addresses this need by authorizing the City
Manager to issue or rescind additional drought stage declarations,
implement additional drought response measures and impose drought
surcharge rates.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the Commission.
FISCAL EFFECTS:None.
Attachments:
Resol. 5400_May 2022 Stage One Drought Declaration.pdf
268
Report compiled on: April 21, 2022
269
Version April 2020
RESOLUTION NO. 5400
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING A STAGE ONE DROUGHT, IMPLEMENTATNG STAGE
ONE DROUGHT RESPONSE MEASURES AND STAGE ONE DROUGHT
SURCHARGES, AND AUTHORIZING THE BOZEMAN CITY MANAGER TO ISSUE
OR RESCIND ADDITIONAL DROUGHT STAGE DECLARATIONS AND DROUGHT
SURCHARGES AND IMPLEMENT ADDITIONAL DROUGHT RESPONSE
MEASURES THROUGH ADMINISTRATIVE ORDERS.
WHEREAS, the Bozeman City Commission is authorized pursuant Mont. Code Ann. § 7-
13-4402 (2021), to adopt, enter into, and carry out means for securing a supply of water for the
use of the City and its inhabitants; and
WHEREAS, the Bozeman City Commission is committed to drought preparedness
pursuant to the Drought Management Plan (Plan) adopted by Resolution 5398 by the City
Commission on May 3, 2022; and
WHEREAS, the Plan defines four stages of drought that increase in severity from Stage 1
to Stage 4, and provides specific drought response measures for each drought stage that reduce
system-wide water use to avoid depleting the City’s available water supply; and
WHEREAS, drought response measures become more protective of the City’s water
supply as drought severity increases to preserve the City’s available water supply for those
purposes essential to public health, safety, and welfare; and
WHEREAS, the Plan includes a transparent, quantifiable, and scientific drought
monitoring framework and evaluation tool (drought monitoring tool), maintained by the City
Water Conservation Division, that evaluates local drought conditions by examining local water
supply data as well as national drought indices; and
WHEREAS, the drought monitoring tool can recognize drought in its early stages and
accurately assess increasing or decreasing drought severity over time by calculating a local drought
score; and
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Version April 2020
WHEREAS, on April 19, 2022 the drought monitoring tool calculated a local drought
score of 2.0 largely due to below average snowpack levels in the Gallatin and Bridger mountains;
and
WHEREAS, the City may evaluate and rely upon indicators of drought conditions in
addition to those contained in the drought monitoring tool such as weather forecasts and water
demand patterns, when determining whether to initiate a drought stage, drought surcharges, or
water use restrictions; and
WHEREAS, water demands are expected to increase in May 2022 due to warmer
temperatures and irrigation water use; and
WHEREAS, Bozeman Municipal Code Chapter 40, Article 2, Division 4, provides
authority for the City Manager to implement outdoor water use restrictions and may do so in
furtherance of the adoption of this Resolution; and
WHEREAS, on September 14, 2021, the City Commission adopted Resolution 5273
which established the imposition of drought surcharge rates on water customer utility bills during
periods in which a drought declaration is active in order to ensure water utility revenues are
adequate to preserve essential public services, and the health, safety, and general welfare of the
community.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
The Bozeman City Commission hereby declares a Stage 1 drought, as defined in the Plan. Stage 1
response measures are limited to voluntary water conservation efforts. These efforts will be
supported through outreach and education focusing on efficient irrigation system operation and
scheduling.
Section 2
The Bozeman City Commission hereby delegates authority to the City Manager to issue, by
administrative order, subsequent drought declarations. The City Manager has the authority and
discretion to either increase, decrease, or rescind the drought stage. Each administrative order that
advances to a subsequent drought stage will include relevant drought response measures imposed
upon water users within the City of Bozeman and which are similar to the response measures for
each stage as outlined in the Plan.
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Version April 2020
Section 3
Pursuant to the schedule provided in Resolution 5273, the Bozeman City Commission imposes
Stage 1 drought surcharges for water use from the City’s water utility with bills due July 15th,
2022, which correlates to an effective date of May 3, 2022.
Section 4
The Bozeman City Commission hereby delegates authority to the City Manager to adopt or
rescind, by administrative order, drought surcharges for any subsequent drought stage declaration.
The City Manager’s authority to impose drought surcharges must comply with the drought
surcharge rate schedule adopted in Resolution 5273. Should the City Manager declare a Stage 2
drought or higher prior to June 1, 2022, the City Manager’s adopted drought surcharge will
supersede the Commission’s adoption of Stage 1 surcharge, and control the surcharge rates in
effect beginning June 1, 2022. Should the City Manager adopt surcharges for any subsequent
drought stage, the surcharge will be effective on the date established by the City Manager.
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____.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
272
Memorandum
REPORT TO:City Commission
FROM:Brit Fontenot, Economic Development Director
SUBJECT:Appoint One Member to the City of Bozeman's Community Development
Block Grant Revolving Loan Fund with a Term Ending in 2024
MEETING DATE:May 3, 2022
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Appoint one member to the City of Bozeman's Community Development
Block Grant Revolving Loan Fund with a term ending in 2024.
STRATEGIC PLAN:2.1 Business Growth: Support retention and growth of both the traded and
local business sectors while welcoming and encouraging new and existing
businesses, in coordination with the Economic Development Plan.
BACKGROUND:On July 26, 2020 the City Commission voted to approve a Sub-Recipient
Agreement with the Prospera Business Network for Management of the City
of Bozeman's Community Development Block Grant Revolving Loan Fund
(RLF). Policies and Procedures attached to the agreement specify the RLF
Loan Committee is comprised of seven members, each voluntarily appointed
to serve an un-paid two-year term. Three members of the RLF Loan
Committee shall be appointed by the Board of Directors of Prospera
Business Network, three members of the RLF Loan Committee shall be
appointed by the Bozeman City Commission, and one member of the RLF
Loan Committee shall be jointly appointed by the Board of Directors of
Prospera Business Network and the Bozeman City Commission. RLF Loan
Committee members may serve more than one two-year term, if re-
appointed by the appointing entity.
Currently, the City Commission has appointed Deputy Mayor Terry
Cunningham and Economic Development Director Brit Fontenot to the RLF
Loan Committee.
Staff recommends appointing Economic Development Specialist Jesse
DiTommaso to the RLF Loan Committee as it falls in the scope of her
position.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As recommended by the City Commission.
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FISCAL EFFECTS:None.
Report compiled on: April 18, 2022
274