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HomeMy WebLinkAbout20- Memorandum of Agreement - Montana Department of Transportation - Front Street Interceptor Sanitary Sewer East Main Street CrossingCITY f STATE MEMORANDUM OF AGREEMENT FRONT STREET INTERCEPTOR SANITARY SEWER EAST MAIN STREET CROSSING - BOZEMAN MAY 2020 This Memorandum of Agreement (Agreement) is made and entered into by and between the City of Bozeman (CITY), a self-governing municipality operating pursuant to its Charter and laws of the State of Montana, P.O. Box 1230, Bozeman MT 59771 and the Montana Department of Transportation (MDT), a department of the State of Montana, P.O. Box 201001, Helena MT 59620-1001, together referred to as "the Parties". The Purpose of this Agreement is to set forth the respective responsibilities and duties of the Parties associated with a Utility Encroachment Permit in the name of the City for a sewer main crossing of East Main Street (N-50) and a 30' wide Easement across MDT property to connect to the existing sewer line. This Agreement sets forth terms necessary to provide the City the necessary permit and easement to construct, install, and maintain the sewer line within MDT right-of-way and other MDT owned property. Any permit granted to the City by this Agreement is explicitly subject and subordinate to the rights and title of MDT and the State of Montana. WHEREAS, MDT is responsible for planning, designing, constructing and maintaining State highway and roadway associated transportation facilities, including associated pull -offs, parking areas, and rest areas for the use and benefit of the traveling public, in a safe and efficient manner in accordance with Title 23 United States Code (U.S.C.) and Title 60 Montana Code Annotated (MCA) including East Main Street (N-50), a commission - designated highway, and other MDT -owned property along East Main Street; and WHEREAS, The City is proposing to construct a sewer main, herein after referred to as "the Project," which proposes to install a portion of the Project within MDT right-of-way and other MDT -owned property. The Project also includes a 12' wide all-weather utility service access road on MDT -owned property: and WHEREAS, This Agreement must be fully executed before the City may initiate construction of the Project within MDT right-of-way and other MDT -owned property; and NOW, THEREFORE, The Parties set forth the fundamental duties and responsibilities necessary for the encroachment of the Project into MDT right-of-way and other MDT - owned property. Page 1 1 ARTICLE 1. OBLIGATIONS OF THE CITY: 1. The Parties acknowledge the CITY has provided, and MDT has approved the CITY's general design of the Project including the facilities the CITY plans to construct as well as maps, plans and sketches setting out the easements and pertinent features of the use in relation to the MDT facilities and MDT property. The documents are identified as Attachment "B" attached and made part of this agreement. 2. The CITY shall complete the utility encroachment permit application in the name of the City of Bozeman for the Project within MDT right-of-way on East Main Street. After MDT approval, the utility encroachment permit shall be attached as Attachment C and made a part of this Agreement. 3. The CITY shall submit to and receive approval from MDT Bozeman Area Office for a traffic control plan prior to working within MDT right-of-way. 4. Before initiating any work within MDT right-of-way, the CITY shall schedule a preconstruction meeting with MDT Bozeman Area staff to discuss construction -related activities and coordination. MDT Bozeman Area Maintenance staff must be notified, and an approval received a minimum of 48 hours prior to commencing any construction and/or maintenance work within East Main Street right-of-way. 5. The CITY agrees any change, expansion, increase, or revision in the design or construction of the CITY's facilities described in Attachment "B" must receive prior written approval from MDT. 6. The CITY agrees that no fixture, building, structure or other permanent installation other than those shown in Attachment "B" shall be constructed or placed within MDT right-of-way or other MDT -owned property without prior written approval from MDT. 7. The CITY shall complete the necessary environmental processes for modification to the state highways and roadways and demonstrate that all, if any, environmental issues associated with the proposed project have been identified and addressed. The CITY agrees it will prepare and file any required environmental documents and apply for and obtain any permits required by other governmental agencies at no expense to MDT prior to construction or maintenance taking place within MDT right-of-way. 8. The CITY agrees to be responsible for any and all damages to MDT's facilities caused by the CITY, the CITY's staff or contractors, or resulting from the CITY's project. The CITY must repair any and all damages, at its sole expense, after notification of damage by MDT and approval of repair work needed, method of repair, and schedule for repair. 9. The CITY agrees, at its own expense, to conduct the necessary appraisal for the "new" easement area, as shown in Attachment B. CITY shall, within one year of Agreement execution, hire a fee appraiser to appraise the new easement area as shown on Attachment B according to appraisal and Uniform Standards of Professional Appraisal Page 12 Practice standards. The appraisal will determine the fair market value of the new easement area. CITY is solely responsible for the appraisal cost. CITY must provide MDT a final copy of the appraisal for review and approval. 10. The CITY agrees to pay MDT the appraised cost of the "new" easement area. Upon review and approval of the appraisal by MDT, the CITY must pay 95% of the market value of the "new" easement area within 30 days of its receipt of the invoice from MDT. If payment is not made by the CITY within the thirty (30) day period, interest on the unpaid amount will accrue at the rate of 10% per year and continue to accrue until paid in full. 11. The CITY agrees it will obtain approvals from downstream landowners if the Project impacts downstream properties (easements, etc.) and provide documentation of appropriate coordination with affected landowners. 12. The CITY agrees to be responsible for any full-time inspection/certification deemed necessary. 13. The CITY agrees to complete final inspection of the sewer main. The CITY must provide MDT with their acceptance of the installation of the sewer main. 14. The CITY agrees it will complete a locked gate access application for access to the 12' utility service road on MDT -owned property through MDT's right-of-way fence at a location approved by MDT. No connection will be allowed to the existing road to the north west of MDT property. 15. The CITY agrees to be responsible for annual weed management within the sewer main easement and the 12' utility service road area. 16. The CITY agrees the easement area and 12' wide utility service road are only to be used for installation, operation and maintenance of the sewer line. No public uses are permitted in MDT right-of-way or on other MDT owned property along the East Main Street Corridor. 17. The City agrees no motorized use on MDT owned property will be permitted, outside of the use of the 12' wide utility service road as specified in this Agreement. 18. The City agrees the easement and permit areas will not be used for public access to MDT property, including a trail system. 19. The City agrees it is solely responsible for any necessary re-establishment, as determined by MDT or US Army Corps of Engineers, of all wetlands impacted by the Project. Page 13 20. The City agrees it is solely responsible for monitoring any necessary wetland re- establishment to satisfy the wetland mitigation plan and conditions of the US Army Corps of Engineers 404 permit. 21. If the City fails to perform, or cause to be performed, any necessary wetland re- establishment and/or wetland monitoring as specified in this Agreement within 60 days of written notification from MDT, MDT may complete the required wetland re- establishment and/or monitoring and the City shall be required to compensate MDT for its performance of said function. ARTICLE II. OBLIGATIONS OF MDT: MDT agrees it will review all plans, designs and data submitted by the CITY to ensure all MDT safety and design standards are met, and if found acceptable, approve such plans and designs. 2. MDT agrees it will draft the necessary Easement documents and obtain necessary easement signatures simultaneously with the execution of this Agreement and record the Easement as soon as practicable. MDT agrees it will review the fee appraisal supplied by the City and, if acceptable, approve the appraisal. 4. MDT agrees that upon final fair market value easement payment by the CITY, it will convert the utility encroachment permit granted for the E. Main St. crossing to a utility occupancy agreement. 5. If CITY fails to perform the new easement area appraisal and submit fair market value payment within one year of the Agreement execution date, MDT will conduct the necessary appraisal and submit an invoice to the CITY for all appraisal costs and easement fair market value. 6. MDT agrees it will review and approve a complete CITY application for locked gate access, at a gate location approved by MDT, for CITY access to the 12' wide utility operation and service access road. 7. MDT agrees it will assign MDT Bozeman Area District Staff to provide construction oversight during the Project construction as needed. 8. MDT agrees it will review and, if acceptable, approve the CITY's traffic control plan. 9. MDT agrees it will conduct a final inspection of the Project work within the East Main Street right-of-way and request any improvements or corrections necessary to comply with MDT standards. Page 14 ARTICLE III - GENERAL TERMS AND CONDITIONS 1. Term - The term of this Agreement shall be ten (10) years. After the initial ten (10) year term, this Agreement will renew automatically, for successive one (1) year terms, unless superseded by a new agreement between the parties. 2. Termination -This Agreement maybe terminated by MDT if the CITY has violated or breached any term, condition or article of this Agreement and the CITY has failed to correct the same within 60 days of receiving notice in writing addressed to the CITY at the addresses shown above, from MDT of such violation or breach of any term condition or article of this Agreement. 3. Hold Harmless & Indemnification - The City agrees to protect, defend, indemnify, and hold MDT, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the City's employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of the City, its agents, or sub -contractors, under this Agreement, except the negligence of MDT. The State and Department of Transportation agrees to protect, defend, indemnify, and hold the City, its elected and appointed officials, agents, and employees, while acting within their duties as such, harmless from and against all claims, liabilities, demands, causes of action, and judgments ( including the cost of defense and reasonable attorney fees) arising in favor of or asserted by the MDT's employees or third parties on account of personal or bodily injury, death or damage to property, arising out of the acts or omissions of MDT, its agents, or sub -contractors, under this Agreement, except the negligence of the City. 4. Insurance a. General Requirements: Each party shall maintain for the duration of this Agreement, at its own cost and expense, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the duties and obligations in this Agreement by each party, its agents, employees, representatives, assigns, or sub -contractors. This insurance shall cover such claims as may be caused by any negligent act or omission. b. General Liability Insurance: Each party shall purchase and maintain occurrence coverage with combined single limits for bodily injury, personal injury, and property damage of $1.5 million per occurrence per year to cover such claims as may be caused by or arising out of any negligent acts or omissions in work or services performed under this Agreement, or as established by statutory tort limits Page 15 as provided by a public entity self-insurance program either individually or on a pool basis as provided by Mont. Code Ann. Title 2, Chapter 9. c. General Provisions: All insurance coverage must be with a carrier licensed to do business in the State of Montana or by a public entity self-insured program either individually or on a pool basis. Each party must notify the other immediately of any material change in insurance coverage, such as changes in limits, coverage, change in status of policy, etc. Each party reserves the right to request complete copies of the other party's insurance policy or self-insured memorandum of coverage at any time. d. Workers' Compensation Insurance: The City must maintain workers' compensation insurance and require its contractors and its contractor's sub -contractors to carry their own workers compensation coverage while performing work within MDT right-of-way in accordance with Mont. Code Ann. §§39-71-401 and 39-71-405. Neither the contractor nor its employees are employees of MDT. This insurance/exemption must be valid for the entire Agreement period. S. Public Safety a. If any repairs to the Project must be done to prevent a public hazard, the CITY will immediately protect the area from public access, contact MDT Bozeman Area Maintenance, and take corrective action to repair the hazard. b. If MDT incurs any costs as a result of a public emergency that necessitates action on MDT's part concerning the maintenance or repair of the Project, MDT shall be compensated for such costs by the CITY, and the CITY shall pay the same within thirty (30) days of its receipt of such invoices. 6. Invoicing and Indirect Cost (IDC) If MDT incurs any costs as a result of a public emergency that necessitates action on MDT's part concerning the maintenance or repair of the Project back to its original state, MDT shall be compensated for such costs by the City, and the City shall pay the same within thirty (30) days of its receipt of such invoices. Section 17-1-106, MCA, requires any state agency, including MDT, which receives non - general funds to identify and recover its indirect costs (IDC). These costs are in addition to direct project costs. MDT's IDC rate is determined annually as a percentage of the project's direct costs to cover the project's share of MDT's IDC as defined by 2 CFR Part 200, Appendix VII. MDT's current IDC rate is 10.41% for fiscal year 2020 (July 1, 2019 to June 30, 2020). If the work occurs or extends into fiscal year 2021 or beyond the IDC rate will be charged at the rate agreed to by MDT and the Federal Highway Administration (FHWA). a. Invoice will be sent to: Page 16 City of Bozeman Attn: City Clerk / Treasurer P.O. Box 1230 Bozeman, MT 59771 b. Payments shall be made to: Montana Department of Transportation Attention: Collections 2701 Prospect Avenue PO Box 201001 Helena, MT 59620-1001 7. Choice of Law and Venue - This Agreement shall be governed by the laws of Montana. The parties agree that any litigation concerning this Agreement must be brought in the First Judicial District Court, in and for the County of Lewis and Clark, State of Montana, and each party shall pay its own costs and attorney fees except as otherwise noted in this agreement. In case of conflict between the terms and conditions of this Agreement and the laws of the State of Montana, the laws of the State of Montana shall control. 8. Binding Effect - The benefits and obligations set forth in this Agreement shall be binding upon, and inure to the benefit of, their respective successors, administrators and assigns of the Parties. 9. Relationship of Parties - Nothing contained in this Agreement shall be deemed or construed (either by the Parties hereto or by any third party) to create the relationship of principal and agent or create any partnership joint venture or other association between the Parties. 10. Non -Discrimination - The CITY will require that during the performance of any work arising out of this Agreement the CITY, for itself, assignees, and successors shall comply with all applicable non-discrimination regulation set forth in Attachment "A" attached hereto and made part of this Agreement. 11. ADA - MDT requires that any construction or maintenance resulting from this Agreement must include appropriate pedestrian facilities that meet or exceed current MDT standards for accessibility as set forth by the United States Department of Justice 2010 ADA Standards for Accessible Design, United States Access Board Proposed Guidelines for Pedestrian Facilities in the Public Right -of -Way (2011 PROWAG), and MDT's Detailed Drawings, 608 series. 12. Audit - The Legislative Auditor and the Legislative Fiscal Analyst may, without prior notice and during normal business hours, audit, at their own cost and expense, all records, reports, and other documents the CITY maintain in connection with this Agreement. Page 17 13. Access and Retention of Records - The CITY agrees to provide the State, Legislative Auditor, or their authorized agents access to any records necessary to determine compliance with this MOA (Mont. Code Ann. §18-1-118). The CITY agrees to create and retain records supporting this Agreement for a period of three years after the completion date of this Agreement or the conclusion of any claim, litigation or exception relating to the Agreement taken by the State of Montana or a third party. 14. Revocation - This Agreement is revocable by MDT in the event that the Project facilities within the right-of-way cease to be used by the CITY for a period of one year or abandoned otherwise. Upon revocation or abandonment, the system facilities must be removed in compliance with this Agreement. 1S. Utilities - The right of any private or public utility now lawfully occupying the right-of- way to operate and maintain utility facilities supersedes any right granted by this Agreement to the CITY. Copies of existing utility permits may be obtained from the MDT Butte District Utility Agent. 16. Amendment and Modification - The Parties may modify or amend this Agreement only by a written Addendum signed by the Parties. The Addendum will control any conflict between the Agreement and Addendum shall control, unless prohibited by law. 17. Representatives a. City's Representative: The City's Representative for this Agreement shall be the City Manager or designee or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City's Representative is not available, MDT may direct its communication'or submission to other designated City personnel or agents. b. MDT's Representative: The MDT Representative for this Agreement shall be the District Administrator or Maintenance Chief or such other individual as MDT shall designate in writing. Whenever direction to or communication with MDT is required by this Agreement, such direction or communication shall be directed to MDT's Representative; provided, however, that in exigent circumstances when MDT's Representative is not available, City may direct its direction or communication or submission to other designated MDT personnel or agents. 18. Counterpart Execution - This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature by any of the parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered by facsimile or other electronic means as if the original had been received. (Signature Page to Follow) Page 18 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representative effective as of the date of final signature. SIGNATURES: MONTANA DEPARTMENT OF TRANSPORTATION Date: By: Montana Department of Transportation Printed Name Title Approved for Legal Content: By ,�CwK1 p�"1nQEi'`ry1.�t, pate: a..= 1 Approved for Civil Rights Content: By: ' ' ! 1 ��_,Date: CITY OF BOZEMAN Date: CO ' Pogo By: _ I&L-L-1 City of Bozeman ..)O -;r lu't- Printed Name ATTEST: �" . • 07 City Clerk �,. �c�• 1883 .• r , co Page 19 Rev. 01 /2020 MDT NONDISCRIMINATION AND DISABILITY ACCOMMODATION NOTICE Montana Department of Transportation ("MDT") is committed to conducting all of its business in an environment free from discrimination, harassment, and retaliation. In accordance with State and Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter "protected classes") by its employees or anyone with whom MDT does business: Federal protected classes Race, color, national origin, sex, sexual orientation, gender identity, age, disability, & Limited English Proficiency State protected classes Race, color, national origin, parental/marital status, pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, religion/ creed, social origin or condition, genetic information, sex, sexual orientation, gender identification or expression, national origin, ancestry, age, disability mental or physical, political or religious affiliations or ideas, military service or veteran status For the duration of this contract/agreement, the PARTY agrees as follows: (1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all Acts and Regulations of the United States and the State of Montana relative to Non - Discrimination in Federally and State -assisted programs of the U.S. Department of Transportation and the State of Montana, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. (2) Non-discrimination: a. The PARTY, with regard to the work performed by it during the contract, will not discriminate, directly or indirectly, on the grounds of any of the protected classes in the selection and retention of subcontractors, including procurements of materials and leases of equipment, employment, and all other activities being performed under this contract/agreement. b. PARTY will provide notice to its employees and the members of the public that it serves that will include the following: i. Statement that PARTY does not discriminate on the grounds of any protected classes. ii. Statement that PARTY will provide employees and members of the public that it serves with reasonable accommodations for any known disability, upon request, pursuant to the Americans with Disabilities Act as Amended (ADA). iii. Contact information for PARTY's representative tasked with handling non- discrimination complaints and providing reasonable accommodations under the ADA. Page 1 of 4 Rev. 01/2020 iv. Information on how to request information in alternative accessible formats. c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision, in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of merit and qualifications and that PARTY does not discriminate on the grounds of any protected class. (3) Participation by Disadvantaged Business Enterprises (DBEs): a. If the PARTY receives federal financial assistance as part of this contract/agreement, the PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its subcontracting services. The list of all currently certified DBE firms is located on the MDT website at mdt.mt.gov/business/contracting/civil/dbe.shtml b. By signing this agreement, the PARTY assures that: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. c. PARTY must include the above assurance in each contract/agreement the PARTY enters. (4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the PARTY of the PARTY's obligation under this contract/agreement and all Acts and Regulations of the United States and the State of Montana related to Non -Discrimination. (5) Information and Reports: The PARTY will provide all information and reports required by the Acts, Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information and its facilities as may be determined by MDT or relevant US DOT Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the PARTY will so certify to MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has made to obtain the information. (6) Sanctions for Noncompliance: In the event of a PARTY's noncompliance with the Non- discrimination provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the PARTY under the contract/agreement until the PARTY complies; and/or b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part. Page 2 of 4 Rev. 01/2020 (7) Pertinent Non -Discrimination Authorities: During the performance of this contract/agreement, the PARTY, for itself, its assignees, and successor in interest, agrees to comply with the following non-discrimination statues and authorities; including but not limited to: Federal - Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d etseq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; - The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); - Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); - Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; - The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); - Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); - The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients, and contractors, whether such programs or activities are Federally funded or not); - Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38; - The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); - Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Page 3 of 4 Rev. 01/2020 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); - Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 etseq.). - Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of gender identity and in hiring by federal contractors on the basis of both sexual orientation and gender identity. State Mont. Code Ann. § 49-3-205 Governmental services; Mont. Code Ann. § 49-3-206 Distribution of governmental funds; Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts. (8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through seven in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The PARTY will take action with respect to any subcontract or procurement as MDT or the relevant US DOT Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request the United States to enter into the litigation to protect the interests of the United States. Page 4 of 4 EXHIBIT A LOCATED IN THE WEST ONE-HALF OF SECTION 8, TOWNSHIP 2 SOUTH, RANGE 6 EAST, P.M.M., GALLATIN COUNTY, MONTANA, CITY OF BOZEMAN 1 tiizzzzuurttrrrr+++rrrrrrt, S � A ("o .l`` 1' GgPO N661 N85'15'08"E� h l * ` DAN STAHLY€ p o '_ 16192 LS !`r'f r+t rrA L rzzuL zAttittttt�l11``~~L (This exhibit is valid only if seal is signed and dated) A 2S• 30.19 RO'O CORw 384 (R&M) �\jp•Q 1 -tj, \ Qr \ \ NEWSEWER EASEMENT AREA: 4,248.76 ft', OR 0.10 ACRES FOUND MONUMENT AS CALLED OUT ON MINOR ® SUB PLAT 344C (DOCN2642451) OR AMENDED PLAT C -23-C OR AS NOTED. \ NOTHING FOUND OR SET- \ X CALCULATED POINT FROM \ FOUND MONUMENTS \ R= RECORD DISTANCE PER \ MINOR SUB 344C AND AMENDED \ PLAT C -23-C \ M= MEASURED DISTANCE S6S 09, \ \ FND 9 3 \ \ YPC C&H" Record Station 3401 \ �R - \ \ 22+32.6 on F. A. P. # F- 222(17) 3'6!OB J 565'09'54"E 32.68' o• Pp MONTANA DEPARTMENT OF TRANSPORTATION PROPERTY �•C N �OU \ �2� P\\ rn n 4�' QF EXISTING SEWER EASEENT g o�tr C P.O.E. OF NEW DE SEW55 EASEMENT NT77 P.O.B. 501'2 11"N \ 16.34 BASIS OF BEARING: - FND CONC J CONTROL POINT #114 FOUND YPC ROW MARKER MODIFIED STATE PLANE FROM MTSU CORS POSITION \ US STATE PLANE 1983 MONTANA 2500, NAD 1983, INTERNATIONAL FEET WITH GROUND PROJECTION AT: A �� 2 �iyJ NORTHING: 525454.72 Inft. EASTING: 1579996.93 Inft. ELEVATION: 4812.06 Ift. J NORTH LATITUDE: 45'-40'-50.73209" ?off\ NEW EASEMENT AREA S6Sp (1293.957 FT) \ 2.04' ALONG 954'F \ ROW LINE \ MoNTg� RT R�yT R q;16 /VT O lyg Y N F WEST LONGITUDE: 111'-01'-14.08723" BK. 136, PG.52 ELLIPSOID HT: 4776.23 Ift. F w� AMENDED PLAT C -23-G. ATTEMPTS WERE MADE TO HOLD THE RECORD STRUCTURE OF MINOR SUB 344C. BUT \ \ a. "Va F\111 \ 3 _ `o \ AREAS. N, 2.) A COMPLETE TITLE SEARCH WAS NOT PERFORMED AS A PART OF THIS EXHIBIT FOR EXISTING EASEMENTS OR ENCUMBRANCES. AND THOSE SHOWN ARE GRAPHICAL IN LOCATION. <C,1NEEyj STAHLY ENGINEERING & ASSOCIATES 1ea yC PROFESSIONAL ENGINEERS & SURVEYORS Sewer Easement Upon Montana Department of Transportation Property FIELD: NB 7-05-19 DRAWN: BK STAHLY �•C N �OU \ �2� P\\ rn n 4�' QF EXISTING SEWER EASEENT g o�tr C P.O.E. OF NEW DE SEW55 EASEMENT NT77 P.O.B. 501'2 11"N \ 16.34 BASIS OF BEARING: - FND CONC J CONTROL POINT #114 FOUND YPC ROW MARKER MODIFIED STATE PLANE FROM MTSU CORS POSITION \ US STATE PLANE 1983 MONTANA 2500, NAD 1983, INTERNATIONAL FEET WITH GROUND PROJECTION AT: A �� 2 �iyJ NORTHING: 525454.72 Inft. EASTING: 1579996.93 Inft. ELEVATION: 4812.06 Ift. J NORTH LATITUDE: 45'-40'-50.73209" ?off\ NEW EASEMENT AREA S6Sp (1293.957 FT) \ 2.04' ALONG 954'F \ ROW LINE \ MoNTg� RT R�yT R q;16 /VT O lyg Y N F WEST LONGITUDE: 111'-01'-14.08723" NOTES: ELLIPSOID HT: 4776.23 Ift. 1.) BOUNDARY WAS DERIVED FROM ACCEPTING THE FOUND MONUMENTS CALLED FOR ON MINOR SUB 344C AND AMENDED PLAT C -23-G. ATTEMPTS WERE MADE TO HOLD THE RECORD STRUCTURE OF MINOR SUB 344C. BUT VERTICAL DATUM: NAVD88 GEOIDI2A ( ) MERIDIAN CONVERGENCE ANGLE= -01'-O6'-44" RESULTED IN DISCREPANCIES ON EITHER END. NEW MONUMENTS AS SHOWN ON MS 344C HAVE NOT YET BEEN SET OR HAVE BEEN DESTROYED (AS OF 07/05/19). IN THESE LOCATIONS. RECORD INFORMATION WAS USED TO CALCULATE UN-MONUMENTED LINES. RICHT-OF-WAY LINES FOR F.A.P. 222 (17) AND "E'LINE OF F.A.P. I -IC 90-6(1) 303 WERE ENTERED RECORD AND ROTATED TO THE SOUTH LINE OF AMENDED PLAT C -23-C. MDT ROW LINES ARE APPROXIMATE. THE VACATION OF SPRING AVENUE IN 1927 CAUSED THE OWNERSHIP LINE ON BOTH SIDES TO 0 25 50 100 REVERT TO THE CENTER OF THE ROW. THIS EXHIBIT DEPICTS OWNERSHIP TO THIS CENTERLINE. IT WAS BEYOND THE SCOPE OF THIS EASEMENT EXHIBIT TO DETERMINE PARCELS OF RECORD AND EXACT OWNERSHIP OF SUCH AREAS. IN FEET 2.) A COMPLETE TITLE SEARCH WAS NOT PERFORMED AS A PART OF THIS EXHIBIT FOR EXISTING EASEMENTS OR ENCUMBRANCES. AND THOSE SHOWN ARE GRAPHICAL IN LOCATION. <C,1NEEyj STAHLY ENGINEERING & ASSOCIATES 1ea yC PROFESSIONAL ENGINEERS & SURVEYORS Sewer Easement Upon Montana Department of Transportation Property FIELD: NB 7-05-19 DRAWN: BK STAHLY www.seaeng.com CHECKED: DS DATE: 07-16-19 Front Street Interceptor- Sanitary �^ 7970 2223 MONTANA AVE. �,• STE. 201 '9ff S� BILLINGS. MT 59101 OCIATE Phz (406)601-4055 Fcx:(406)601-4062 3530 CENTENNIAL DR. 851 BRIDGER DR. STE. 1 HELENA. MT 59601 BOZEMAN. MT 59715 Phane.(406)442-8594 Ph.n (406)522-9526 FF..(406)442-8557 F..:(406)522-9526 Sewer Main Replacement Bozeman Health, Bozeman, MT SHEET 1 OF 1 a Q� R9 �� SSS m V_ �„ o u_ n m m _ m 4 H1lV3H NVW3ZOS LU O O R w� s�''^'fi Deb Qac w c Z�8 0.'Y�4 g<4?4 a o o. a a a IN3w3otnd3a a s a��w6 d'rs V �ZQgrme esg sti s_ g$ s„' 6 e„' NIVVUd3MSSWV11NVS F33 �ro � w,6 - - - NOld3'JN3.INI13MUS1NOZH aZ 2ro ,.7 - I �,� ••tliC otic o I .:an°fey o a I I .tI o l laa+vo ��rz � N .I + �, 67 -� ��' 1 liULLiA.. SLilfYlp••l _2l% m �n _.. ” _ YL2Y�tY V1S _ l DIkILS3t3 @IllOefJU3pt111 g$ � n - 9 N0� YJO� 31 MROilyde is b N xr cd i W _ IX {v,` �•� _ Ifi� In Z 'loll Montana Department of Transportation Right—of—Way Bureau PO Box 201001 Helena MT 59620-1001 R0W\F0RMS\RES\PR0\181 STATE OF MONTANA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY BUREAU 2701 Prospect Ave Helena, MT 59620 Revised 12/31/2018 Project: I IG 90-6(1)303 County: Gallatin Bozeman -Northeast Z545-001-000 Parcel 2CN-PAR-B-Edward -Cass Aka East Bozeman Interchange Wetlands UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the State of Montana by and through its Department of Transportation, 2701 Prospect Ave, Helena, MT, 59620, hereinafter referred to as MDT, for good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto City of Bozeman P.O. Box 1230 Bozeman, MT 59771, hereinafter referred to as GRANTEE, and to its successors or assigns, an easement to place, construct, reconstruct, modify, operate, maintain and remove such sewer utility facilities upon, over, under and across the following described land, to -wit: A strip of land 30 feet X 141.67 feet situated in the NE'/4SW'/4 of Section 8, Township 2 South, Range 6 East, P.M., M., Gallatin County, Montana, as shown by the area outlined in bold black dash lines on Exhibit A, consisting of 1 sheet attached hereto and made a part hereof, containing an area of 4,250.10 square feet, (0.098 acres), more or less. Page 1 of 4 Project: I -IG 90-6(1)303 County: Gallatin MDT further conveys to GRANTEE the right of ingress and egress over and across the lands of MDT to and from the above described property and the right to clear and keep cleared all trees and other obstructions as may be necessary for the GRANTEE's use and enjoyment of the easement area. GRANTEE shall indemnify MDT for all damage caused to MDT as a result of GRANTEE's negligent exercise of the rights and privileges herein granted. The GRANTEE agrees and understands that this easement is inferior to any and all easements granted prior to this easement. MDT reserves the right to occupy, use, cultivate and lease said easement for all purposes not inconsistent with the rights herein granted. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. TO HAVE AND TO HOLD the above described and conveyed premises, with all the reversions, remainders, tenements, hereditaments and appurtenances thereto, unto the GRANTEE and its successors and assigns forever. IN WITNESS WHEREOF, the undersigned have executed these premises. Page 2 of 4 Project: I -IG 90-6(1)303 Date: Approved as to Form & Content: Attorney State of Montana ) County of Lewis & Clark ) County: Gallatin STATE OF MONTANA DEPARTMENT OF TRANSPORTATION By Dwane E. Kailey, P.E., Chief Engineer Highways & Engineering Division On this day of , 20 , before me, Catherine Ries, a Notary Public in and for the State of Montana, personally appeared DWANE E. KAILEY, P.E., Chief Engineer, Highways & Engineering Division, of the Montana Department of Transportation, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. (Seal) Page 3 of 4 Catherine Ries Project: I -IG 90-6(1)303 County: Gallatin GRANTEE: Authorized Representative, City of Bozeman, MT Date: 3 -3oav By: (sign ur /alt (print name) C, �1anwa.ar (print title State of 0 D nw(u County of � aluol Irl, Othis ��day of , 20 ZO , before me 67'm , a Notary Public in and for the State of MA Y1,tAY7A_ �n personally appeared V'� I I h fi�) (name), (title) of (company) kn wn to me to be the person whose name is sYjbscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above Page 4 of 4 nature Line Name HEATHER BIENVENUE :for Notary public the State of Montana LNota *' * � ResidlnA 8t: Si 9 �a� Bozeman, Montana &I Ftlrnlsslon Expires: January 26, 2022 Notary P Page 4 of 4 nature Line Name , ,Pe11re11 a -A %lb co. _.ue - rwPm. '.non EXHIBIT A LOCATED IN THE WEST ONE-HALF OF SECTION 8, TOWNSHIP SOUTH, RANGE 6 EAST, P.M.M., GALLATIN COUNTY, MONTANA, CITY OF BOZEMAN .i:zuzzrzr __SS��d 1� h1 All N85'15'08"E r6, Af .gQOpO?$'w 30.19' 3847,. (1M) `'P MONTANA DEPARTMENT PO OF TRANSPORTATION .161 yo zo PROPERTY BK. 136, PG.52 9� ?�7 c.,or er (This exhibit is valid only if seal is signed and dated) SEWER EASEMENT AREA: 3,303.69 ft', OR 0.06 ACRES LEGEND FOUND MONUMENT AS CALLED OUT ON MINOR ® SUB PLAT 344C (DOC#2642451) OR AMENDED PLAT C -23-C OR AS NOTED. NOTHING FOUND OR SFT - Y CALCULATED POINT FROM FOUND MONUMENTS R-- RECORD DISTANCE PER MINOR SUB 344C AND AMENDED PLAT C -23-G M- MEASURED DISTANCE POB= POINT OF BEGINNING O EXISTING MANHOLE Record Station 22+32.6 on F. A. P. # F-222(17) BASIS OF BEARING: CONTROL POINT #114 FOUND YPC MODIFIED STATE PLANE FROM MTSU CORS POSITION US STATE PLANE 1983 MONTANA 2500, NAD 1983, INTERNATIONAL FEET WITH GROUND PROJECTION AT: NORTHING: 525454.72 I n ft. EASTIN G: 1579996.93 In ft. ELEVATION: 4812.06 Ift. NORTH LATITUDE: 45'-40'-50.73209- w � Z FND YPC 72 /R 3 0 0 oy J 565'09'54"E 32.68' P.O.B. S01'2 1"W- 6.34' FND CONC ROW MARKER `1rz. �P 3 M O n N N d O N Q� !n asi �OG t`"Or 4 OF EXISTING OnSEWER MAIN 0 12 !REA UNDER K CURRENT PERMIT n h rn CE OF NEW 30' WIDE AREAS. SEWER EASEMENT P.O.E. O /�• � Sewer Easement Upon Montana Department of Transportation Property FIELD: INS 7-05-19 DRAVM: BK STAHLYFront S VOL, CHECKED DS DATE: 07-16-19 Street Interceptor- Sanitary 0' i< so �� S6 NEW Er,SEMENT ARE; $0 (1293.957 FTS 2.04' ALONC ROW LINE MpNrg N � R�hTppRTR�F � _ OF gTiO NTOF wy y N WEST LONGITUDE: 111-01'-14.08723" NOTES: ELLIPSOID HT: 4776.23 Ift. VERTICAL DATUM: NAVD88 GEOIDI2A ( ) MERIDIAN CONVERGENCE ANGLE-Ol'-06'-44" 1.) BOUNDARY WAS DERIVED FROM ACCEPTING THE FOUND MONUMENTS CALLED FOR ON MINOR SUB 344C AND AMENDED PLAT C -23-C. ATTEMPTS WERE MADE TO HOLD THE RECORD STRUCTURE OF MINOR SUB 3440. BUT RESULTED IN DISCREPANCIES ON EITHER END. NEW M0:'UMENTS AS SHOWN ON MS 344C HAVE LOT YET BEEN SET OR HAVE BEEN DESTROYED (AS OF 07/05/19). IN THESE LOCATIONS, RECORD INFORMATION WAS USED TO CALCULATE UN-MONUMENTED LINES. RIGHT-OF-WAY LINES FOR F.A.P. 222 (17) AND "S'LINE OF F.A.P. I -IG 90-6(1) 303 WERE ENTERED RECORD AND ROTATED TO THE SOUTH LINE OF AMENDED PLAT C -23-G. MDT ROW LINES ARE APPROXIMATE THE VACATION OF SPRING AVENUE IN 1927 CAUSED THE OWNERSHIP LINE ON BOTH .?IDES TO 0 25 50 100 REVERT TO THE CENTER OF THE ROW. THIS EXHIBIT DEPICTS OWNERSHIP TO THIS CENTERLINE. IT WAS BEYOND THE SCOPE OF THIS EASEMENT EXHIBIT TO DETERMINE PARCELS OF RECORD AND EXACT OWNERSHIP OF OUCH AREAS. IN FEET 2.) A COMPLETE TITLE SEARCH WAS NOT PERFORMED AS A PART OF THIS EXHIBIT FOR EXISTING EASEMENTS OR ENCUMBRANCES, AND THOSE SHOWN ARE GRAPHICAL IN LOCATION. STAHLY ENGINEERING &ASSOCIATES 6�BEFy� eve. m r�G PROFESSIONAL ENGINEERS 8 SURVEYORS Sewer Easement Upon Montana Department of Transportation Property FIELD: INS 7-05-19 DRAVM: BK STAHLYFront www.seaeng.com CHECKED DS DATE: 07-16-19 Street Interceptor- Sanitary 2223 MONTANA AVE. 51E. 201 BILLINGS. MT 59101 L1ATE� Phz(406)601-4055 Fmo (406)601-4062 3530 CENTENNIAL 1 851 ZEMAN,R T 715 1 HELENA, MT 59601 802EMAN, MT 59715 Phonr.(406)442-8594 Ph7(406)522-9526 FaM(406)442-8557 F 0406)522-9528 Sewer Main Re placement Bozeman Health, Bozeman, MT SHEET 1 OF 1