HomeMy WebLinkAboutC9. MOU - 777 Building LLC
Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: David Fine, Economic Development Specialist SUBJECT: Authorize the City Manager to sign Memorandum of Understanding between and among 777 Building LLC and the City of Bozeman.
MEETING DATE: June 20, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign between and among 777 Building LLC and the City of Bozeman. BACKGROUND: The City of Bozeman is currently constructing a City-owned conduit system in the Downtown and Midtown with the aim of incentivizing the provision of fiber delivered broadband services by lowering the cost of constructing buried conduit. As part of this project, the City planned to build conduit to connect City Hall and the Bozeman Public Library. The original route planned to parallel Main St. right of way controlled by the Montana Department of Transportation (MDT), which would require MDT to permit encroachment in their right of way. MDT would not permit the original route, which necessitated finding an alternate route. Asbestos contamination in the area limits alternatives, making a route crossing private property the only acceptable alternative. This option is the only viable route we have identified for extending City conduit to the Library. The property owner has agreed to provide the easement in exchange for extending conduit into the 777 Building. Given that the goal of the project is to facilitate deployment of broadband services by the private sector, this valuable consideration seems appropriate and consistent with the intent of the project.
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This Memorandum of Understanding (MOU) details the specific conduit infrastructure that will be installed to reach the 777 Building as valuable consideration for provision of a broadband utility easement and details the responsibilities of the parties. The approval of this MOU by the City Commission is requisite for the granting of the proposed easement by the property owner.
FISCAL EFFECTS: The estimated cost of the consideration provided to the property owner is $8,685. Funding is available from funds appropriated for this project by the Downtown Tax Increment Finance District Work Plan and Budget for Fiscal Year 2016. ATTACHMENT: Memorandum of Understanding between and among 777 Building LLC and the City of Bozeman.
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MOU between The City of Bozeman and 777 Building, LLC.
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CITY OF BOZEMAN Economic Development Department
MEMORANDUM OF UNDERSTANDING
PROJECT NAME: BROADBAND
IMPROVEMENTS
MEMORANDUM OF UNDERSTANDING Between and Among
777 BUILDING LLC AND THE CITY OF BOZEMAN
This Memorandum of Understanding (MOU) is hereby made and entered into by, between, and
among 777 Building, LLC., and the City of Bozeman.
A. BACKGROUND
This Memorandum of Understanding is being generated as a result of planning and design that
is being, and has been, carried out in the City of Bozeman, Montana, to construct and install
broadband conduits, equipment and appurtenances in, through and across certain properties in
Bozeman, Montana.
B. PURPOSE
The purpose of this MOU is to document the project roles and responsibilities of each of the
aforementioned parties. This document will formally outline which party will be responsible of
various aspects of the project including construction efforts, oversight, maintenance, funding,
and impacts to private property features.
C. DETAILED PROJECT INFORMATION
Costs
This project is being funded through the Downtown Bozeman Improvement District – Tax
Increment Finance District Board (IDB-TIF) tax increment fund (TIF). Except as provided, all
related project improvements, including the relocation of private property (where applicable), will
be covered by the project funding. The TIF that is paying for the project improvements is
collected via taxes on properties included within the IDB-TIF.
Improvements
A new multi-duct conduit drop will be installed into the 777 E Main Building. The service drop
into the building will consist of an 18” long x 12” wide x 24” deep pedestrian-rated pull box
located in the sidewalk 6’ from the laminated utility pole at the northeast corner of Lot 2, Block D
of the Northern Pacific Addition. A Duraline FuturePath 7-way conduit, capable of providing
seven individual service providers to the 777 property will be run below the sidewalk to a
36”x24”x24” deep pull box in the sidewalk in line with the north wall of the 777 building. From
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MOU between The City of Bozeman and 777 Building, LLC.
Page 2 of 3
this second pull box an additional FuturePath 7-way conduit will be run into the northeast corner
of the basement of the 777 building. This 7-way conduit will be run through a 4” PVC conduit
connecting the 36x24x24 pull box to the basement. The 4” PVC conduit will be sloped up from
the pull box to the building and sealed at both ends to prevent water infiltration into the
basement. This corner is the location of existing service provider building entrances.
Broadband Utility Easement
To allow access across the 777 E Main Building property, a new Broadband Utility Easement is
required, as shown on the attached Exhibit.
WORK ASSIGNMENT:
PART A – THE CITY OF BOZEMAN
WORK TO BE PERFORMED BY THE CITY OR ITS CONTRACTOR AT THE CITY’S
EXPENSE:
1. Except as otherwise provided herein, furnish all plans, engineering, supervision, labor,
material, supplies and equipment necessary for construction of the project, complete in
all details.
2. The City of Bozeman agrees to complete the project improvements as detailed in this
agreement, and the construction plans
PART B – 777 BUILDING LLC.
ASSIGNMENTS TO BE PERFORMED BY 777 BUILDING LLC.
1. 777 Building LLC. agrees to provide the Broadband Utility Easement for the parcel as
shown on the attached Exhibit.
PART C- IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
1. COMMENCEMENT/EXPIRATION/TERMINATION. This MOU is effective
_________________________, 20____. This MOU may be amended upon written
request of either the two parties a part of this MOU and the subsequent written
concurrence of the two parties.
2. PRINCIPAL CONTACTS. The principal contacts for this instrument are:
City of Bozeman
121 N Rouse
P.O. Box 1230
Bozeman, MT 59771-1230
Phone: (406) 582-2321
777 Building LLC.
101 East Main St.
Bozeman, MT 59715
Phone: (406) 586-8692
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MOU between The City of Bozeman and 777 Building, LLC.
Page 3 of 3
3. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the
individuals listed in this document as representatives of their respective party are
authorized to act in their respective areas for matters related to this agreement.
THE PARTIES HERETO have executed this instrument.
CITY OF BOZEMAN
____________________________ Date: __________________________
By: Title:
ATTEST:
____________________________ Date: __________________________
By: Title:
777 Building LLC
____________________________ Date: __________________________
By:
Attach Exhibits
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Bozeman
STA E1+00
STA E2+00
STA E3+00 STA E4+00STA E5+00
STA E6+00
MH E2+96
MH E4+61
MH E0+00
49' FROM BUILDING
167' FROM BUILDING
ACCESS CONSULTING, PC
265 W. FRONT ST.
FAX:
PHONE:
(406) 541-9881
(406) 327-0629
MISSOULA, MT 59802DATE:
DELANEY EXHIBIT
RE:
JG
06/09/16
SHEET N0:
OF 11
UTILITY POLE #A0936309
PARKING LOT
E. MAIN ST
ALLEY
777 BUILDING
MONTANA ALE WORKS
RAILROAD
BOZEMAN PUBLIC LIBRARY
10' UTILITY EASEMENT
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PLAN NOTES:12INSTALL ONE DURA-LINE FUTUREPATH 7- WAY 22/16 CONDUIT.MAINTENANCE HOLE, SEE DETAIL 2/T0.2.1.CONDUIT SHALL BE INSTALLED USING TRENCHLESS TECHNOLOGIES UNLESS PRIOR APPROVAL IS RECEIVED FROM THE CITY OF BOZEMAN AND THE CONSULTANT. NO OPEN CUT SHALL BE PERMITTED ON MAINSTREET, NORTH 7TH AVENUE, OR ROUSE AVENUE. CONDUIT SHALL BE BURIED AT LEAST 42” BELOW FINISHED GRADE. EMPTY CONDUIT SEGMENTS SHALL BE CAPPED AT ALL TIMES UNTIL CABLING IS INSTALLED.2.MAINTENANCE HOLES SHALL BE INSTALLED ON A MINIMUM OF 6” OF FREE DRAINING GRAVEL. MAINTENANCE HOLES SHALL NOT BE INSTALLED IN STREETS UNLESS PRIOR APPROVED BY THE CITY OF BOZEMAN AND THECONSULTANT. MAINTENANCE HOLES INSTALLED IN STREETS SHALL BE FLUSH WITH THE PAVEMENT SURFACE. MAINTENANCE HOLES SHALL NOT BE INSTALLED IN UNPAVED ROADS.3.NOT USED.4.CONDUIT SHALL BE PLACED NO FURTHER THAN 5' FROM THE EDGE OF RIGHT-OF-WAY WITHOUT PRIOR APPROVAL OF THE CITY OF BOZEMAN AND THE CONSULTANT.5.CONDUIT SHALL BE PLACED A MINIMUM OF 10 FEET AWAY FROM PARALLEL WATER, SEWER AND STORM DRAIN LINES.6.POTHOLING OF ALL CROSSINGS OF WATER, SEWER, AND STORM DRAIN LINES SHALL BE DONE TO ENSURE NO DAMAGE IS DONE TO THESE LINES DURING TRENCHLESS INSTALLATIONS. SEE SPECIAL PROVISIONS ITEM 27.7.MAINTENANCE HOLES SHALL BE PLACED A MINIMUM OF 5 FEET FROM TREES, FIRE HYDRANTS, AND OTHER ABOVE GROUND FACILITIES IN THE RIGHT-OF-WAY. MAINTENANCE HOLES SHALL NOT BE PLACED IN PEDESTRIANRAMPS. WHERE RAMPS ARE PRESENT, MH SHALL BE RELOCATED TO CLOSEST UNOBSTRUCTED SIDE WALK OR BOULEVARD WITHIN RIGHT-OF-WAY.8.CONTRACTOR SHALL CONFORM TO ALL REQUIREMENTS STATED IN THE “CITY OF BOZEMAN GUIDELINES FOR UTILITY OCCUPANCY ON PUBLIC RIGHT-OF-WAY.”9. ALL CONDUIT SHALL BE DURALINE FUTUREPATH 7-WAY 22/16 W/20 GAGE TRACE WIRE.10.CONTRACTOR SHALL ACQUIRE ALL NECESSARY PERMITS.11.SEE SPECIFICATIONS FOR ADDITIONAL CONTRACTOR QUALIFICATIONS, PRODUCT INSTALLATION, AND QUALITY REQUIREMENTS.12.CONTRACTOR TO FIELD VERIFY ALL DISTANCES.13.THIS PROJECT IS TO CONFORM TO THE LATEST ADOPTED VERSION OF ALL CODES AND THE LATEST REVISION OF ANSI/TIA-758-A, CUSTOMER OWNED OUTSIDE PLANT TELECOMMUNICATION STANDARD.E LAMME STN WALLACE AVE
PLUM AVE
N CHURCH AVES CHURCH AVE E MENDENHALL STE MENDENHALL STSTA D36+00
STA D50+00
STA D51+00
STA D52+00
STA D53+00
STA D55+00
STA D56+00
STA D57+00
STA D58+00
STA D60+00 HawthorneElementarySchool24' (SA)
36' (W)
26' (W)
16' (SA)
22' (W)
16' (SA)
23' (W)
20' (G)INDICATES PATH OF ONEDURALINE FUTUREPATH7-WAY 22/16 CONDUIT, TYP.INDICATES EDGE OF R.O.W.INDICATES EDGE OF R.O.W.STA D47+00
STA D48+00
STA D49+00
STA D65+00STA D64+00STA D62+00222212221231' (W)39' (SS)32' (W)T1.2 MATCH LINE
T1.3 MATCH LINE T1.3 MATCH LINE
T1.2 MATCH LINE
T1.3 MATCH LINET1.3 MATCH LINET1.4 MATCH LINET1.4 MATCH LINESTA D61+40STA D31+00STA D33+00STA D34+00
STA D35+00
STA D30+00222' (SA)
33' (W)29' (W)30' (W)32' (W)
21' (SA)
33' (W)
22' (SA)
24' (SA)STA E1+00STA E2+001MHD49+43MH D51+56MH D53+40MH D56+04MH D57+82MH D60+45MH D62+96MH D33+813' FROM BACK OF CURB5' FROM BACK OF CURB3' FROM BACK OF CURB
3' FROM BACK OF CURB MH D32+573' FROM BACK OF CURB
7' FROM BACK OF CURB7' FROM BACK OF CURB
8' FROM BACK OF CURB
MH E0+002STA D59+00
13' (SA)PRIVATE EASEMENTSTA D54+00STA D63+00INDICATES APPROXIMATE LOCATIONOF MAINTENANCE HOLE. SEE DETAIL2/T0.2 FOR ADDL INFO. TYP.STA D32+007' FROM BACK OF CURB7' FROM BACK OF CURBMH F0+002STA F0+0012' FROM BACK OF CURB7' (G)16' (SA)STA F1+00 ENTER BUILDING @ NORTHEASTCORNER IN BASEMENTSTA F1+34MH F0+79236' (SA)INSTALL MH IN ROW 6'FROM E-LAM UTILITY POLEN BROA
D
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A
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A
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EKEYGASWATERSANITARY SEWERSTORM SEWERTELECOMMUNICATIONSELECTRICALDOWNTOWN CONDUITN-7TH CONDUIT6 OF 16T1.3FIBER OPTIC SITE PLANSCALE: 1" = 50'T1.31DETAIL PLAN265 W. FRONT ST.FAX: (406) 541-9881PH: (406) 327-0629MISSOULA, MT 59802Contact Information:SHEET N0:2016 DOWNTOWN & N. 7TH
BOZEMAN, MONTANA CD SETREVISION NO:DATE:DESIGNED BY:DRAWN BY:PROJECT TEAMBJHCHECKED BY:PJWPHDCONDUIT PROJECT 12/12/16ISSUED: 06/03/1625/06/1635/09/1645/12/16CONTINUES ON SHEET T1.2
CONTINUES ON SHEET T1.4666/09/16148