HomeMy WebLinkAbout20- Work Directive 2 - Knife River - Aspen Street Improvements DocuSign Envelope ID:9015015E-8624-4406-B8F6-41DOB8A46FB1
Work Change Directive
No. 2
Date of Issuance: November 6, 2020 Effective Date: November 6, 2020
Project: Aspen St& 5th Ave Owner: City of Bozeman Owner's Contract No.:
Improvements
Contract: To provide street improvements, water main, electrical and Date of Contract:
landscaping on Aspen Street and 5th Avenue in Bozeman, MT. 5/4/20
Contractor: Knife River- Belgrade Engineer's Project No.:
18098.10
Contractor is directed to proceed promptly with the following change(s):
Item No. Description
339 Agreement with Northwestern Energy for the removal/replacement of existing
light/power poles for Audrey's Pizza site improvements in the amount of
$14,577.23 as shown on the attached agreement.
Agreement with Northwestern Energy for the relocation of the existing
underground power line on the south side of Aspen Street in the amount of
$3,283.00 as shown on the attached agreement.
The total to be charged to Item No. 339 is $17,860.23.
Attachments (list documents supporting change):
See attached Northwestern Energy Agreements.
Purpose for Work Change Directive:
Authorization for Work described herein to proceed on the basis of Cost of the Work due to:
❑ Nonagreement on pricing of proposed change.
® Necessity to expedite Work described herein prior to agreeing to changes on Contract
Price and Contract Time.
Estimated change in Contract Price and Contract Times:
Contract Price $17,860.23 (increase/decrease) Contract Time 0 (increase/decrease)
days
Recommended for Approval by Engin r: Date 11/6/20
Authorized for Owner by: Date
Received for Contractor by: Date
Received by Funding Agency(if applicable): Date:
12/10/2020
EJCDC C-940 Work Change Directive
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Page 1 of 1
DocuSign Envelope ID:9015015E-8624-4406-B8F6-41 DOB8A46FB1
NorthWestern Notification #340134302
Energy
CUSTOMER AGREEMENT
This Customer Agreement (the "Agreement") is made and entered into effective as of 09/07/2020 by
and between NorthWestern Energy(the "Company") and GREAT NORTHWEST CONSTRUCTION, INC
(the "Customer"). Sometimes in this Agreement, Company and Customer are collectively referred to as
"Parties" or individually as a "Party." Capitalized terms have the meaning set forth in NorthWestern
Energy's Electric Tariff and the NorthWestern Energy Natural Gas Tariff(collectively the "Tariffs" and
individually the "Gas Tariff' or"Electric Tariff"), which sets forth service, installation and contribution rules
and regulations established by the Montana Public Service Commission (the "MPSC"). The Tariffs are
available for review at
http://www.northwesternenergy.com/residential-services/how-to-read-your-bill/tariffs-and-rates/montana-tariff
s-and-rates.
RECITALS
WHEREAS, Customer applied for natural gas or electrical service from the Company; and
WHEREAS, in accordance with the Tariffs, Customer must execute this Agreement and contribute to
the cost of installing the facilities required to provide service to Customer's premises because the distance of
the new service line is greater than the permitted free extension allowance;
NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement,
the Parties agree as follows:
AGREEMENT
1. SERVICE AND CONTRIBUTION REQUIREMENTS.
The Company agrees to install, operate and maintain facilities generally described as Pole
Replacement- Removal, Pole Replacement- Install, Lighting -Area/Parking, Lighting Removal and is
specifically described in Quote 25102382, which is incorporated herein by this reference (the "Quote"), to
serve Customer at 806 N 7TH ST, BOZEMAN, MT 59715 in accordance with the requirements of the
Tariffs. Customer agrees to comply with the terms and conditions of this Agreement and remit to Company
the total contribution of
$ 14,577.23 , which may include a federal tax surcharge and administrative/engineering fees and is
more fully described as follows:
1.1 Advance. In consideration of the Company's agreement to install facilities, Customer agrees to pay an
Advance in the sum of$ 0.00 for construction of the facilities identified in the Quote.
ELECTRICAL NATURAL GAS
Single Family Residential Residential/Other Core Customers
(Electrical Tariff 6-2) (Gas Tariff Rule 6-2)
General Service or Non-Single Residential New Subdivision or Housing Project
(Electrical Tariff Rule 6-2) (Gas Tariff Rule 6-6)
Loads of Uncertain Duration Loads of Uncertain Duration
(Electrical Tariff Rule 5-7) (Gas Tariff Rule 5-7)
New Subdivision or Housing Project
(Electrical Tariff Rule 6-7)
Electric Lighting
(Electrical Tariff ELDS-1)
For clarification, an "Advance" is a refundable contribution to the installation costs of the Company's
facilities, and is made by the applicant prior to the initial installation. A portion of that advance, up to but not
exceeding the full amount, may be refunded when additional residences or properties requiring service may
connect to the facilities installed under this Agreement within the applicable 5 year(all natural gas
customers, General Service electric, non-Single Family Residential electric, all new residential subdivision
and townhouse connects) or 10 year(for Single Family Residential electric) periods after Company's
completion of the line extension for the Customer. Future applicants attaching to existing facilities that carry
Advance line extension designation within the time periods referenced above share in cost of the installation
of the original line extension. Any future attachments will result in a refund to Customer in an amount
DocuSign Envelope ID:9015015E-8624-4406-B8F6-41 DOB8A46FB1
NorffiWesterA Notification #340134302
Energy
determined by the Company in accordance with the Tariff. No refund will be made after the applicable 5 or
10 year period.
AND/OR
1.2 Contribution in Aid of Construction. In consideration of the Company's agreement to install service
facilities, Customer agrees to pay a CIAC in the sum of$ 14,577.23 for construction of the facilities
identified in the Quote.
For clarification, a "CIAC" is a non-refundable payment made by a customer to pay for costs in excess of the
free allowance set forth in the Tariffs.
2. CONDITIONS TO INSTALLATION.
2.1 Payment. Customer shall make payment of the Advance or the CIAC (if payment is required) prior to
Company scheduling a construction start date. Company must receive payment and satisfactory evidence of
required permits and right-of-way authority prior to ordering materials, scheduling crews or starting
construction.
2.2 Right-of-Way. Customer shall provide the right-of-way required for the installation of the Company's
service facilities. Customer shall grant or obtain for the Company an easement along the route of the line
extension in a form satisfactory to the Company.
2.3 Permits. Customer shall provide all required permits from appropriate governmental agencies for the
construction work and installation of the Company's facilities and Customer's equipment. Copies of all
permits must be provided to the Company.
2.4 Additional Costs. If the Customer requests facilities be installed in frozen, rocky or hard ground, the
Customer may be responsible for additional charges for installation. The Company will notify the Customer
of these charges prior to installation when feasible, and otherwise when encountered during the installation
work. If the Company requires additional charges prior to installation, and the basis for such extra cost is not
encountered during the performance of the work, Company shall refund such charges to Customer.
2.5 Storm Water. Customer is solely responsible for compliance with all Montana Department of
Environmental Quality storm water regulations. All soil disturbing activities deemed necessary by the
Company for the installation, operation and maintenance of the facilities must be incorporated by Customer
in the Storm Water Pollution Prevention Plan. Customer shall operate and maintain all storm water best
management practices at all times.
2.6 Underground Facilities. Prior to construction, all customer-owned, rented or leased underground
facilities (including but not limited to sprinkler systems, septic systems propane tanks and associated lines,
and communication and electric lines) must be properly identified and physically marked by Customer. The
Company is not responsible for damages resulting from mismarked or unidentified customer facilities.
Contact the Company's Construction Department with questions related to appropriately marking
Customer-owned facilities.
2.7 Customer's Equipment. Customer shall install Customer's facilities in accordance with the Company's
"New Service Guide" and "Electric Service Requirements & Guidelines."The location of Customer's meter
must be approved by the Company prior to the installation of equipment owned by the Customer. Customer
shall provide service entrance and termination points as specified by the Company's installation standards in
effect at the time construction begins.
2.8 Restoration and Grading. The Company will make a reasonable attempt to preserve private roadways
and landscaping, but Customer is responsible for final compaction and restoration of private roadways and
landscaping, including the removal of excess spoil piles. The Company will install facilities with the
understanding that ground-level is the final grade, unless otherwise directed in writing by Customer. Should
changes to grade be made in the future that result in Company's facilities being raised or lowered, the
Customer is responsible for the costs associated with this change.
3. GENERAL CONDITIONS.
3.1 All terms, prices and conditions set forth herein are subject to modification resulting from changes in
applicable rules, Tariffs, regulations, ordinances, the scope of project, and laws that may be amended or
enacted after the date of this Agreement.
3.2 The payment amounts set forth in this Agreement are effective for 4 months from the date of this
Agreement. If construction has not commenced within such period due to any action, omission or failure to
act by Customer, the project will be reviewed for any changes in the cost. The Company will perform one
DocuSign Envelope ID:9015015E-8624-4406-B8F6-41 DOB8A46FB1
NorffiWestei-A Notification #340134302
Energy
line extension engineering cost estimate per year at Customer's location free of charge. If subsequent
redesign estimates are requested within the one year period from the original quote, a charge of$68.12/hour
(minimum charge = $68.12)will be assessed and is payable prior to delivery of the estimate to Customer. If
Customer proceeds with installation, fees paid for estimates will be credited toward the contribution
payment.
3.3 If the facilities required to serve Customer must be relocated or modified at the request of Customer
after installation, the Customer shall pay the costs of moving Company facilities.
3.4 The Company agrees to establish service within a reasonable period of time after the Customer's
equipment passes inspection by the state and local authorities as required by law. The Company will
proceed with the survey, design and construction of its facilities in a normal manner using its existing work
force (Company employees or contractors) and material supply sources. Installation will be performed during
normal working hours and the Company may reschedule the work to achieve efficient workload of Company
forces. Availability of materials, weather conditions, frozen ground, access, or obtaining permits from
governmental agencies or railroads may cause delays beyond the control of the Company or the Customer.
3.5 If Company is installing lighting units, the facilities will be placed in a location agreeable to both
Customer and Company. Customer is responsible for notifying Company of any outage of lighting units.
Company will make repairs and replace defective or damaged facilities within a reasonable time after notice
of any outage, but Company does not patrol the system to determine if the lighting units are in operating
condition at all times.
3.6 In the event of a conflict between the terms of this Agreement and the Tariffs, the terms of the Tariffs
prevail.
4. ADDITIONAL CONDITIONS.
PROJECT CONSISTS OF REMOVING EXISTING LIGHTPOLE AND 55FT OF DUPLEX WIRE. ALSO
REMOVE 40/5 POLE WITH 2 - TRANSFORMERS AND SERVICE LIFT POLE. A NEW 40/3 POLE WILL
BE INSTALLED 45FT NORTH OF THE EXISTING ON THE NW PROPERTY CORNER. THE
TRANSFORMERS WILL BE MOVED TO THIS LOCATION. A NEW 35-6 POLE WILL BE INSTALLED
10FT TO THE WEST OF THE LIFT POLE THAT WAS REMOVED. SERVICE CONDUCTOR WILL BE
SWUNG FROM ORIGINAL LOCATION AND RUN ALONG NORTHERN PROPERTY BOUNDARY TO
PROVIDE SERVICE TO 400A PANEL.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed in duplicate as of the
day and year first above written.
NORTHWESTE ENERGY CUSTOMER
By: By: � 0/aAFO�
Printed Name: Kory Graham Printed Name: Josh Walter
Title: Project Engineer Title: Protect Manager
Date: 9/8/2020 Date: 09/08/2020
Phone: 406-274-5920 Phone: 406-209-7372
DocuSign Envelope ID:9015015E-8624-4406-B8F6-41 DOB8A46FB1
NorffiWesteni Notification#340136919
Energy
CUSTOMER AGREEMENT
This Customer Agreement (the"Agreement") is made and entered into effective as of 08/28/2020 by
and between NorthWestern Energy(the "Company") and KNIFE RIVER (the "Customer"). Sometimes in
this Agreement, Company and Customer are collectively referred to as "Parties" or individually as a "Party."
Capitalized terms have the meaning set forth in NorthWestern Energy's Electric Tariff and the NorthWestern
Energy Natural Gas Tariff (collectively the "Tariffs" and individually the "Gas Tariff"or"Electric Tariff"), which
sets forth service, installation and contribution rules and regulations established by the Montana Public
Service Commission (the "MPSC"). The Tariffs are available for review at
http://www.northwesternenergy.com/residential-services/how-to-read-your-bill/tariffs-and-rates/montana-tariff
s-and-rates.
RECITALS
WHEREAS, Customer applied for natural gas or electrical service from the Company; and
WHEREAS, in accordance with the Tariffs, Customer must execute this Agreement and contribute to
the cost of installing the facilities required to provide service to Customer's premises because the distance of
the new service line is greater than the permitted free extension allowance;
NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement,
the Parties agree as follows:
AGREEMENT
1. SERVICE AND CONTRIBUTION REQUIREMENTS.
The Company agrees to install, operate and maintain facilities generally described as UG Elect
Service Removal, Elect Svc- UG from OH Com and is specifically described in Quote 25102040, which is
incorporated herein by this reference (the "Quote"), to serve Customer at 7TH AND ASPEN LIGHTING
PEDESTAL, BOZEMAN, MT 59715 in accordance with the requirements of the Tariffs. Customer agrees to
comply with the terms and conditions of this Agreement and remit to Company the total contribution of
$ 3,283.00 , which may include a federal tax surcharge and administrative/engineering fees and is
more fully described as follows:
1.1 Advance. In consideration of the Company's agreement to install facilities, Customer agrees to pay an
Advance in the sum of$ 0.00 for construction of the facilities identified in the Quote.
ELECTRICAL NATURAL GAS
Single Family Residential Residential/Other Core Customers
(Electrical Tariff 6-2) (Gas Tariff Rule 6-2)
General Service or Non-Single Residential New Subdivision or Housing Project
(Electrical Tariff Rule 6-2) (Gas Tariff Rule 6-6)
Loads of Uncertain Duration Loads of Uncertain Duration
(Electrical Tariff Rule 5-7) (Gas Tariff Rule 5-7)
New Subdivision or Housing Project
(Electrical Tariff Rule 6-7)
Electric Lighting
(Electrical Tariff ELDS-1)
For clarification, an "Advance" is a refundable contribution to the installation costs of the Company's
facilities, and is made by the applicant prior to the initial installation. A portion of that advance, up to but not
exceeding the full amount, may be refunded when additional residences or properties requiring service may
connect to the facilities installed under this Agreement within the applicable 5 year (all natural gas
customers, General Service electric, non-Single Family Residential electric, all new residential subdivision
and townhouse connects) or 10 year(for Single Family Residential electric) periods after Company's
completion of the line extension for the Customer. Future applicants attaching to existing facilities that carry
Advance line extension designation within the time periods referenced above share in cost of the installation
of the original line extension. Any future attachments will result in a refund to Customer in an amount
determined by the Company in accordance with the Tariff. No refund will be made after the applicable 5 or
10 year period.
DocuSign Envelope ID:9015015E-8624-4406-B8F6-41 DOB8A46FB1
NorffiWesteni Notification#340136919
Energy
AND/OR
1.2 Contribution in Aid of Construction. In consideration of the Company's agreement to install service
facilities, Customer agrees to pay a CIAC in the sum of$ 3,283.00 for construction of the facilities
identified in the Quote.
For clarification, a "CIAC" is a non-refundable payment made by a customer to pay for costs in excess of the
free allowance set forth in the Tariffs.
2. CONDITIONS TO INSTALLATION.
2.1 Payment. Customer shall make payment of the Advance or the CIAC (if payment is required) prior to
Company scheduling a construction start date. Company must receive payment and satisfactory evidence of
required permits and right-of-way authority prior to ordering materials, scheduling crews or starting
construction.
2.2 Right-of-Way. Customer shall provide the right-of-way required for the installation of the Company's
service facilities. Customer shall grant or obtain for the Company an easement along the route of the line
extension in a form satisfactory to the Company.
2.3 Permits. Customer shall provide all required permits from appropriate governmental agencies for the
construction work and installation of the Company's facilities and Customer's equipment. Copies of all
permits must be provided to the Company.
2.4 Additional Costs. If the Customer requests facilities be installed in frozen, rocky or hard ground, the
Customer may be responsible for additional charges for installation. The Company will notify the Customer
of these charges prior to installation when feasible, and otherwise when encountered during the installation
work. If the Company requires additional charges prior to installation, and the basis for such extra cost is not
encountered during the performance of the work, Company shall refund such charges to Customer.
2.5 Storm Water. Customer is solely responsible for compliance with all Montana Department of
Environmental Quality storm water regulations. All soil disturbing activities deemed necessary by the
Company for the installation, operation and maintenance of the facilities must be incorporated by Customer
in the Storm Water Pollution Prevention Plan. Customer shall operate and maintain all storm water best
management practices at all times.
2.6 Underground Facilities. Prior to construction, all customer-owned, rented or leased underground
facilities (including but not limited to sprinkler systems, septic systems propane tanks and associated lines,
and communication and electric lines) must be properly identified and physically marked by Customer. The
Company is not responsible for damages resulting from mismarked or unidentified customer facilities.
Contact the Company's Construction Department with questions related to appropriately marking
Customer-owned facilities.
2.7 Customer's Equipment. Customer shall install Customer's facilities in accordance with the Company's
"New Service Guide" and "Electric Service Requirements & Guidelines."The location of Customer's meter
must be approved by the Company prior to the installation of equipment owned by the Customer. Customer
shall provide service entrance and termination points as specified by the Company's installation standards in
effect at the time construction begins.
2.8 Restoration and Grading. The Company will make a reasonable attempt to preserve private roadways
and landscaping, but Customer is responsible for final compaction and restoration of private roadways and
landscaping, including the removal of excess spoil piles. The Company will install facilities with the
understanding that ground-level is the final grade, unless otherwise directed in writing by Customer. Should
changes to grade be made in the future that result in Company's facilities being raised or lowered, the
Customer is responsible for the costs associated with this change.
3. GENERAL CONDITIONS.
3.1 All terms, prices and conditions set forth herein are subject to modification resulting from changes in
applicable rules, Tariffs, regulations, ordinances, the scope of project, and laws that may be amended or
enacted after the date of this Agreement.
3.2 The payment amounts set forth in this Agreement are effective for 4 months from the date of this
Agreement. If construction has not commenced within such period due to any action, omission or failure to
act by Customer, the project will be reviewed for any changes in the cost. The Company will perform one
line extension engineering cost estimate per year at Customer's location free of charge. If subsequent
redesign estimates are requested within the one year period from the original quote, a charge of$68.12/hour
DocuSign Envelope ID:9015015E-8624-4406-B8F6-41 DOB8A46FB1
NorffiWesteni Notification#340136919
Energy
(minimum charge = $68.12)will be assessed and is payable prior to delivery of the estimate to Customer. If
Customer proceeds with installation, fees paid for estimates will be credited toward the contribution
payment.
3.3 If the facilities required to serve Customer must be relocated or modified at the request of Customer
after installation, the Customer shall pay the costs of moving Company facilities.
3.4 The Company agrees to establish service within a reasonable period of time after the Customer's
equipment passes inspection by the state and local authorities as required by law. The Company will
proceed with the survey, design and construction of its facilities in a normal manner using its existing work
force (Company employees or contractors) and material supply sources. Installation will be performed during
normal working hours and the Company may reschedule the work to achieve efficient workload of Company
forces. Availability of materials, weather conditions, frozen ground, access, or obtaining permits from
governmental agencies or railroads may cause delays beyond the control of the Company or the Customer.
3.5 If Company is installing lighting units, the facilities will be placed in a location agreeable to both
Customer and Company. Customer is responsible for notifying Company of any outage of lighting units.
Company will make repairs and replace defective or damaged facilities within a reasonable time after notice
of any outage, but Company does not patrol the system to determine if the lighting units are in operating
condition at all times.
3.6 In the event of a conflict between the terms of this Agreement and the Tariffs, the terms of the Tariffs
prevail.
4. ADDITIONAL CONDITIONS.
THIS PROJECT CONSISTS OF RELOCATING THE UNDERGROUND ELECTRIC SERVICE FEEDING
THE STREETLIGHT PEDESTAL ON THE SOUTHEAST CORNER OF 7TH AND ASPEN.
ELECTRIC:
THE EXISTING UNDERGROUND ELECTRIC SERVICE FEEDING THE LIGHTING PEDESTAL WILL BE
DISCONNECTED IN THE MORNING BY A SERVICEMAN. THIS WILL ALLOW WORK TO BE DONE TO
MOVE IT DURING THE DAY. CUSTOMER WILL LAY APPROXIMATELY 185' OF 3" PVC CONDUIT
THAT MATCHES THE EXISTING CONDUIT FROM THE NEW LIGHTING PEDESTAL LOCATION TO THE
POWER POLE TO THE EAST. CUSTOMER WILL TERMINATE THE CONDUIT APPROXIMATELY 5'
FROM THE BASE OF THE POLE. WHEN THAT WORK IS COMPLETE, A FULL ELECTRIC CREW WILL
COME TO COMPLETE THE JOB. A NEW 3" SERVICE RISER WILL BE INSTALLED ON THE POLE.
APPROXIMATELY 240' OF 4/0 ALUMINUM TRIPLEX WILL BE PULLED IN THE 3" CONDUIT FROM THE
OVERHEAD TRANSFORMER TO THE NEW LIGHTING PEDESTAL. A NEW ELECTRIC METER WILL
BE SET AND THE SERVICE ENERGIZED.
CUSTOMER PROVIDED ITEMS:
IF THERE ARE OBSTACLES IN THE WAY OF THE CONSTRUCTION PATH, THE JOB CANNOT BE
PERFORMED AND THE CREW WILL HAVE TO RETURN TO THE JOBSITE AT A LATER DATE.
CUSTOMER WILL PROVIDE AND INSTALL THE ELECTRIC SERVICE CONDUIT FROM THE NEW
LIGHTING PEDESTAL TO THE POWER POLE. THIS MUST BE UP TO NWE SPECIFICATIONS FOR
FINAL DEPTH AND UTILITY SEPARATION.
LOCAL ELECTRICAL PERMITS AND INSPECTIONS MUST BE PROVIDED AND COMPLETED BEFORE
THE ELECTRIC METER CAN BE SET.
PLEASE SIGN AND RETURN THE CUSTOMER AGREEMENT ALONG WITH THE TOTAL PAYMENT TO
PLACE THE PROJECT ON THE CONSTRUCTION SCHEDULE. IF YOU HAVE ANY QUESTIONS, FEEL
FREE TO CONTACT QUINN MILLER AT 406-880-7425.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed in duplicate as of the
day and year first above written.
NORTHWESTERN ENERGY CUSTOMER
DocuSign Envelope ID:9015015E-8624-4406-B8F6-41 DOB8A46FB1
NorffiWesteni Notification#340136919
Energy
By: By:
Printed Name: Quinn Miller Printed Name: Josh Walter
Title: Engineer Title: Project Manager
Date: 8/28/2020 Date: 08/31/2020
Phone: 406-880-7425 Phone: 406-209-7372