HomeMy WebLinkAbout94- Utility Cost Agreement Lot 3A, Block 1, Valley Unit Subdivision
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ii THE CITY OF BOZEMAN
to) , ,,'t). 35 NO. BOZEMAN AVE. P.O. BOX 640
i * ~, ',' _ * CARNEGIE BUILDING PHONE (406) 586.3321
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'" co. UTILITY COST AGREEMENT
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LOT 3A, BLOCK 1, VALLEY UNIT SUBDIVISION, PHASE I
SEWER MAIN EXTENSION
This agreement between the City of Bozeman, hereinafter
referred to as the "City", and Wayne Paffhausen, hereinafter
referred to as the "Developer", addresses construction of Public
Sewer Main Improvements.
Whereas the Developer intends to construct a sewer main extension
within Lot 3A, Block 1, Valley Unit Subdivision, Phase I-
,
Whereas the project would normally be constructed as an 8-inch
PVC pipe to serve the Developer's needs;
Whereas the City desires to have the main constructed with 12-
inch (PVC) pipe to serve as a main City sewer interceptor line;
Whereas as the estimated increase costs differential (estimate
attached) for oversizing is $3,650.40 based on the Owner's and
Contractor's quotation of cost;
Therefore the Developer and City agree upon the following:
1. The City shall reimburse the Developer up to $3,650.40
for its share of the satisfactorily installed 12 inch
sewer main paid as a single lump sum amount following
project completion and initiation of service.
2. The Developer shall at his cost have the project
inspected by a Professional Engineer (PE) who shall
provide post-construction certification of the project
and provide Record Drawings to the City, and the
Montana Department of Health and Environmental Science
( MDHE S) .
3. The developer shall be wholly responsible for any
utility relocation costs associated with the project,
which are not directly a result of the pipe oversizing.
4. An accurate accounting of all construction costs shall
be kept at all times by the Developer and shall be
available for inspection at any reasonable time by the
City or its representatives, and shall be retained by
the Developer for not less than three years from the
date of final payment.
5 . No actual work is to be performed on this project until
the plans and specifications have been approved by the
City, a preconstruct ion conference has been held, and
the City has authorized the work to proceed.
HOME OF MONTANA STATE UNIVERSITY
GATEWAY TO YELLOWSTONE PARK
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6. Whereas the sewer main improvements are not located in
public right-of-way, the Developer shall provide for
filing with the County Clerk and Recorder's office an
executed City standard sewerline easement.
7. Following completion of construction and initiation of
service of the line, and after the expiration of a one
year warrantee period, the Developer grants and the
City accepts ownership of the line and its long term
operation, maintenance, and replacement to perpetuity.
8 . The Developer is and shall perform as an independent
contractor and as such shall have and maintain complete
control over all of its employees, subcontractors,
agents and operations, being responsible for any
required payroll deductions and providing required
benefits, such as, but not limited to, workman's
compensation and unemployment insurance.
The Developer hereby agrees to indemnify and hold the
City harmless from all claims and liabilty
due to the activities of the Developer, their agents,
employees, or both, in performing the work required
under this project.
9. In the event it becomes necessary for either party of
this Agreement to retain an attorney to enforce any of
the terms or conditions of this Agreement or to give
any notice required herein, then the prevailing party
or the party given notice shall be entitled to
reasonable attorney's fees and costs, including fees,
salary, and costs of in-house counsel.
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IN WITNESS WHEREOF, the parties hereto affix their
respective corporate name~ seals through this duly authorized
officer, this ~ day of ~0' 199~.~
STATE OF MONTANA ) '~~-.{'
: ss. Paffhausen
GALLATIN COUNTY ) ku:.;i~~
On this ,J.3 day of <.]{UtO ({i rr , 19qi/ , before me, a Nota y
Public in and for the State of Mo ana, personally appeared Wayne
Paffhausen, known to me to be the persons whose name is
subscribed to within this instrument and acknowledged to me that
he did execute the same.
In witness whereof, I have hereunto set my hand and affixed
my official seal the day and year first above written.
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NOTARY PUBLIC F }_:H~J"~(~;~~_' OF 7~?~~;~~ ,{ {l/
Residing at
My commission exp es cP /' -- ~f--
SEAL C_
ACCEPTED:
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Clerk of the city Commission
STATE OF MONTANA )
: ss.
GALLATIN COUNTY )
On this 1st day of February , 19 94 , before
me, a Notary Public for the State of Montana, personally appeared
James E. Wysocki and Robin L. Sullivan, known to me to be the
City Manager and Clerk of the City commission known to me to be
the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same.
In witness whereof, I have hereunto set my hand and affixed
my seal on the day and year first written above.
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NOTAR PUBLIC FOR HE STATE OF MONTANA
Residing at Bozeman
My commission expires June 11, 1996
SEAL
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.. Wayne Paffhausen & Sons
GENERAL CONTRACTING
2 Cedar Lake Drive Phone 406.494.2847 1/0\8191
Butte, Montana 59701
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CONSTRUCTION
I EXCAVATION AND ROAD BUILDING
I,
i/ 485 ZACHARIAH LANE
BOZEMAN, MONTANA 59715
763-4573 . 566-1700
MOBILE 585-5687 · FAX 7~B3
August 23t 1993
Wayne Paffbausen
Butte, MT
Re: USDA Building - Bozeman, MT
Way~e. the following is a list of the additional cost to Sime
Construction for the change -in pipe diameter, extra manhole, and
additional pipe for stub outs.
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8" to 12" pipe - 2?~F pipe @ $3.60jLF $1,260.00 i":
Manhole ~ A~locks 50.00 V/
Additional manhole 1,200.00
· mE. additional 12" pipe @ $18.60fLF _.__.125~
$3,235.40
Sincerely,
~~
Ronald W. Pike + , 4,\:)
1st . . 3~?/J. (l) ~
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