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
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NEWSEWER EASEMENT AREA:
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(DOCN2642451) OR
AMENDED PLAT C -23-C
OR AS NOTED.
\ NOTHING FOUND OR SET-
\ X CALCULATED POINT FROM
\ FOUND MONUMENTS
\ R= RECORD DISTANCE PER
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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
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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