Loading...
HomeMy WebLinkAbout20- RFP - Contract Documents -Hyliate View Sewer Improvements Technical Specifications For: City of Bozeman, New Hyalite View subdivision San-itary sewer service Connection Improvements May 22, 2020 Prepared For., BOZ E MAN `"T Engineering Division City of Bozeman 121 N. Rouse Ave Bozeman, MT 59715 = 1 Prepared By: BOWL 2090 Stadium Drive + Bozeman, MT 59715 BID SET (406)586-8834 Project No. 4528.12322.01 DOWL ADDENDUM#1 PROJECT: City of Bozeman,MT New Hyalite View Subdivision—Sanitary Sewer Service Connection Improvements OWNER: City of Bozeman,MT ENGINEER: DO% p N TjAr ��ii,,�rr 121 N. Rouse Ave 2090 Stadium Dri :, ' • rim Bozeman,MT 59715 Bozeman, MT 59_V.0 •••� DATE: June 8,2020 _p • 863 PE •w TO: ALL PLANHOLDERS 'rr�t�`•`�L'EN`��:' ������ rune The following corrections,clarifications,and/or alterations to the specifications for the project are as much a part and parcel of said plans and specifications as if included therein. Bidders are required to acknowledge receipt of Addendum on the Bid Proposal form. Failure to do so will result in disqualification. This addendum consists of 2 page and 2 attachments for a total of 45 pages. CLARIFICATIONS: 1. The detail for the sewer service connections include placement of a new segment of SDR35 over the existing service hole cut into the CIPP. The InsertaTee provided shall be for use with SDR35 pipe. The existing liner hole is generally larger and/or needs to be enlarged enough to not interfere with the tight fit of the InsertaTee into the SDR35 pipe section. 2. The City has requested a total of 26 access agreements where necessary to most readily access proposed excavations for sewer connection repairs. To date, 14 of these agreements(attached) are ready for City signature,four(4) more are signed but awaiting indication from property owners of the preferred access point(s). Efforts to procure the remainder of the requested agreements will continue. Once the City executes the access agreements,copies will be provided to CONTRACTOR. SPECIFICATIONS: 1. Add the following to Section 01020 Mods to Public Works; Part 02730 SANITARY SEWER COLLECTION SYSTEMS; 2.1 GENERAL. Add the following Part F. F. Silicone sealer for sewer service connections between the SDR35 pipe and the CIPP pipe may be 100%silicone product, such as"Commercial 100%Silicone Sealant" by Custom Building Products, 3M Clear Super Silicone 08661, "Gorilla 100%Silicone", or approved equal. June 8, 2020 Page 1 of 2 A DOWL DRAWINGS: 1. No changes or additions. ATTACHMENTS: 1. Plan holders list(1 page) 2. Access agreements (14) ready for City signature. (42 pages) END OF ADDENDUM NO. 1 June 8, 2020 Page 2 of 2 W v J t p � 'cd � v 20 r_ t S I 06 S v J7 00 Ul �C M Y -� E3 —, F1 Ca TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this 1 day of 64V 2020, by and between the City of Bozeman and Brannan Sheely, hereina er referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states in part "...reserving, as a ,permanent easement for the purpose of the installation and maintenance of electric, .gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as maV .generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of=way line, with the exception that removal of tree roots and resultant line repair shall be borne bV the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1115 S Cedar View Dr; Bozeman, MT 59716 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 7 Lot 20 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for Ythe above purposes. 01i NER(S): City of Bozernan: I By. AO By. Xwwaly Y 1 By: Its: IDate: �� 7� Date: I l 1 l l 1 RESIDENT NOTES: 1115 S.CEDAR VIEW DR: * 1. BEST ACCESS IS ON THE EAST SIDE OF THE HOUSE.FENCE/GATE REMOVAL WILL LIKELY BE REQUIRED. 2. THERE IS A SHED AND TWO MATURE TREES ADJACENT TO PROPOSED EXCAVATION LIMITS. 1121 S.CEDAR VIEW DR: _ 1. BEST ACCESS IS ON THE EAST SIDE OF THE HOUSE VIA A 10'WIDE GRAVEL PATCH.THERE IS A GATE THAT IS-6 FT WIDE.IF GATE IS TOO SMALL,REMOVE SHORT SECTIONS OF FENCE - - ON EITHER SIDE. - 2. PROPERTY IS MANAGED BY CREEKS TO PEAKS PROPERTY MANAGEMENT(BOZEMAN,MT) EDARVIEW DR 1116 N.CEDARVIEW DR 517,T02 S,R06 E,BLOCK 7,Lot 2 NEW HYALITE VIEW SUB,517.T02 S,R06 E,BLOCK 7,Lot 3 1122 N.CEDARVIEW DR 1126 N.CEDA NEW HYALITE VIEW SUB,S17,T02 S.R06 E.BLOCK 7,Lot 4 NEW HYALITE VIEW SUB,577,l w m m - 0 m 0 I 0 I 0 0 N Q 0 0 a 1 m 0 FENCE/GATE DARVIEW DR 1115 S. CEDARVIEW DR 17,T02S,R06E,BLOCK 7,Lot21 1121 S.CEDARVIEW DR oIEW*HI ALITE VIEW SUB,517,TO2 S,R06 E,BLOCK 7,Lot 20 1127 S. CEDAR N NEW HYALITE VIEW SUB,517,T02 S,R06 E.BLOCK 7, t NEW HYALITE VIEW SUB,S17,T02 a o - 0 FENCE/GATE 3 V I _ _ s N M LEGEND w —�— EXISTING SANITARY SEWER MAINS N OO EXISTING MANHOLES U m —U OE— EXISTING OVERHEAD ELECTRICAL < r ,L—__J APPROX.EXCAVATION LOCATION/LIMITS � i CEDARVIEW DR. PROPERTY ACCESS LOCATION s i I N N m N PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE Ds 08 2020 BOWL 1115 & 1121 S. CEDARVIEW DR 2090 Stadium Drive Bozeman,Montana 59715 EXHIBIT A 406-586-8834 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this `a day of ,1 �' 2020; by and between the City of Bozeman and Joseph A Wharton, hereinafter referred to as "Owner", whether one or more. WHEREAS, the CitY of Bozeman (Cityl requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the Cit 's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main,• or access across Owner's Dropert is not needed but the Proposed work is expected to impact Owner's property. WHEREAS the New Hvalite Subdivision plat recorded June 25 '1959 states in part "..reserving as a permanent easement for the purpose of the installation and maintenance of electric, gas, telephone, water, sewer surface drainage or such other public or quasi-public utilities as may generally be used in the area ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut u on lands dedicated to the public use." WHEREAS City of Bozeman Municipal Code 40 03 460 "Easements rights-of- way and permits furnished by customer" states, A customer, or prospective customer, must furnish all easements cleared ri hts-of-way and permits necessary to enable the utility to supply the service required WHEREAS City of Bozeman Municipal Code 40 03 760 Maintenance — "Work Performed by utility" states: Once service to any customer has been installed, the utility, at its own expense shall maintain the service lines up to the public right-of-wLa line with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman 1 and its authorized representatives for purposes described herein, the right of entry upon the following. described real property in Gallatin County, Montana and as shown on Exhibit A: IADDRESS: '112'I S Cedar View Dr; Bozeman MT 59715 LEGAL DESCR: NEW HYALITE ViEW SUB S17 T02 S,.R06 E BLOCK 7 Lot'19 l2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. I 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ one noted. The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. OWNER'S): City of Bozeman: By: By: By: Its: Date: ��/ 'U Z� Date: I j RESIDENT NOTES. 1115 S.CEDAR VIEW DR: 1. BEST ACCESS IS ON THE EAST SIDE OF THE HOUSE,FENCEIGATE REMOVAL WILL LIKELY BE REQUIRED. 2. THERE IS A SHED AND TWO MATURE TREES ADJACENT TO PROPOSED EXCAVATION LIMITS. 1121 S.CEDAR VIEW DR: 1. BEST ACCESS IS ON THE EAST SIDE OF THE HOUSE VIA A 10'WIDE GRAVEL PATCH.THERE IS A GATE THAT IS-6 FT WIDE.IF GATE IS TOO SMALL,REMOVE SHORT SECTIONS OF FENCE ON EITHER SIDE. 2. PROPERTY IS MANAGED BY CREEKS TO PEAKS r PROPERTY MANAGEMENT(BOZEMAN,MT) EDARVIEW DR 1116 N.CEDARVIEW DR S 17,T02 S,R06 E,BLOCK 7,Lot 1122 N.CEDARVIEW DR NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 7,Lot 3 1126 N.CEDA NEW HYALITE VIEW SUB,577,T02 5,R06 E,BLOCK 7,Lot 4 NEW HYALITE VIEW SUB,517,l o w to v A o - m , I 0 0 N Q W Q N FENCE/GATE o DARVIEW DR i 1115 S.CEDARVIEW DR N 17,T02 S,R06 E,BLOCK 7,Lo121 .NEWS ALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 7,L0120 1121 S.CEDARVIEW DR _ - 1127 S. CEDAR N NEW HYALITE VIEW SUB,S17,T02 S,R06 E.BLOCK 7,Lbf'9 NEW HYALITE VIEW SUB,S17,T02 I a �• FENCE/GATE o 40 l = 1 LEGEND N —s— EXISTING SANITARY SEWER MAINS I N OO EXISTING MANHOLES kk —OE— EXISTING OVERHEAD ELECTRICAL i APPROX.EXCAVATION LOCATION/LIMITS / 1 S.CEDARVIEW DR. PROPERTY ACCESS LOCATION 0 n N m N " PROJEC I 1528.12322.011 NEW HYALITE SUBDIVISION DATE 06 ©8 20201 13 I_I VAIIL 1115 & 1121 S. CEDARVIEW DR I � i 2090Stadium Ddve m EXHIBIT A N Bozeman,Montana 597159715 - - j 406-586-8834 1 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this rq day of L�,A , 2020, by and between the City of Bozeman and Philip A & Diana A Hartman, hereinafter referred to as "Owner", whether one or more. WHEREAS, the CitV of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the CitV's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part reserving, as a permanent easement for the purpose of the installation and maintenance of electric gas telephone water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area, teti (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: _Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1127 S Cedar View Dr; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 7, Lot 18 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the CitV's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable darnage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. OW ER(S): City of Bozeman: By: By. By: .'1�c'U�ZGt/ ��iL✓rYljj Its: Date: Date: 1 1 1 I l I I , I N. CEDARVIEW DR. RESIDENT NOTES: 1127 S.CEDAR VIEW DR: 1. BEST ACCESS IS VIA THE WEST SIDE OF THE RESIDENCE.THERE WILL BE SUFFICIENT SPACE FOR A SKID STEER AFTER CHAIN LINK FENCE REMOVAL. 1133 S.CEDAR VIEW DR: 1. ACCESS VIA THE EAST SIDE OF THE HOUSE. EDARVIEW DR _ s17,rozs,RosE,BLocK7,Lota 1126 N.CEDARVIEW DR 1134 N.CEDARVIEW DR NEW HYALITE VIEW SUB,Sl7,T02 S,ROG E.BLOCK 7,Lot 5 NEW HYALITE VIEW SUB,S17,T02 S.R06 E,BLOCK 7,Lot 6 1140 N.C EDA NEW HYALITE VIEW SUB,S17,l S w N 7 a m 0 m 0 0 N o � . a 0 w f. 1139 S. CEDAR DARVIEW DR 1127 S. CEDARVIEW DR NEW HYALITE VIEW SUB,S117,T02 m 17.T02S,R06E,BLOCK 7,Lot 1g 1133 S.CEDARVIEW DR of NEW HYALITE VIEW SUB,517,T02 S.R06 E.BLOCK 7 Lot 1 N NEW HYALITE VIEW SUB,577,T02 S,R06 E,BLOCK 7�Cat 17' WN F Q CHAIN LINK a FENCE U I 0 N n LEGEND —2— EXISTING SANITARY SEWER MAINS u, N OO EXISTING MANHOLES U N U .M —OE— EXISTING OVERHEAD ELECTRICAL U APPROX.EXCAVATION LOCATION/LIMITS / S.CEDARVIEW DR. PROPERTY ACCESS LOCATION s N N n N N PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE Os Os 2020 DOWL 1127 & 1133 S. CEDARVIEW DR 2°9SSan Drive - EXHIBIT A N Bozeman,Montana a 59715 j 406-586-8834 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this ,i 9 day of Nq j, , 2020, by and between the City of Bozeman and Robert A & Carol S Sharrock, ereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25 1959 states, in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric, .gas, telephone, water, sewer, surface drainage or such other public or quasi-public utilities as may generally be used in the area, ten (10) reet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements rights-of- way and permits furnished by customer" states: A customer, or prospective customer; must furnish all easements cleared r hhts-of way and permits necessary to enable the utility to supply the service required WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance "Work performed by utility" states: Once service to any customer has been installed, the utility at its own expense, shall maintain the service lines up to the public right-of way line with the exception that removal of tree roots and resultant line repair.shall be borne by the customer. Now THEREFORE, E RE, the City of Bozeman and the Owner hereby agree to bind i themselves to the terms and conditions stated herein: I 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized rel2r•esentatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1133 S Cedar View Dr; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 7 Lot 17 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. ❑ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. OWNER(S): City of Bozeman: y _ By: `} r Its: Dater /� 1 �7 C Date: i V N.CEDARVIEW DR. RESIDENT NOTES: sl 1127S.CEDAR VIEW DR: 1. BEST ACCESS IS VIA THE WEST SIDE OF THE RESIDENCE.THERE WILL BE SUFFICIENT r_. SPACE FOR A SKID STEER AFTER CHAIN LINK FENCE REMOVAL. 1133 S.CEDAR VIEW DR: 1. ACCESS VIA THE EAST SIDE OF THE HOUSE. i • i EDARVIEW DR 1126 N.CEDARVIEW DR S17,T02 S.R06 E.BLOCK 7,Lol4 NEW HYALITE VIEW SUB,S17,T02 S,ROfi E,BLOCK 7,Lot 5 1134 N.CEDARVIEW DR 1140 N.CEDA NEW HYALITE VIEW SUB,517,T02 S,R06 E,BLOCK 7,Lot6 NEW HYALITE VIEW SUB,S17,l /I w N a m 0 m 0 0 N a r o t w o ;, 1139 S.CEDAR DARVIEW DR 1127 S. CEDARVIEW DR I NEW HYMTE VIEW SUB.S17,T02 17,T02 S,R06 E,BLOCK 7,Lot 1s 1133 S.CEDARVIEW DR o NEW HYALITE VIEW SUB,577,T02 S,R06 E,BLOCK 7�Lot 1� NEW HYALITE VIEW SUB,S17,T02 S,ROB E,BLOCK Y Lnt 17 0 wN F Q o ' CHAIN LINK :,� ; e o CJ N M N � LEGEND w I " _-' EXISTING SANITARY SEWER MAINS N VI I � � OO EXISTING MANHOLES —oe— EXISTING OVERHEAD ELECTRICAL N t, - - - - —_.____- -_— - L---J APPROX.EXCAVATIONLOCATIONILIMITS / S.CEDARVIEW DR. r� o L� PROPERTY ACCESS LOCATION I N N j m PROJECT 4528.12322.01 � U�7I7L NEW HYALITE SUBDIVISION DATE Os 08 2020 1127 & 1133 S. CEDARVIEW DR an, Stadium Drive — EXHIBIT A m Bozeman,Montana 59715 / 406-586-8834 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this 3 c) day of 2020, by and between the City of Bozeman and Eleanor L Schwarzkopf, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric, gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work Performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1140 N Cedar View Dr; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 7, Lot 7 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of i fence, and temporary relocation of sheds, as required to complete the work. I The following conditions apply to this property(check one): ❑ None noted. ❑ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. 9 OWNER(S): City of Bozeman: By: f By: By: Its: Date: Date: 0 $0.5 N nw. DOWL Attn: Lisa Olmsted i 2090 Stadium Drive Bozeman MT 59715-0616 irii,lOPh N.CEDARVIEW DR. RESIDENT NOTES: .Cl 1140 N.CEDAR VIEW DR: 1. THERE ARE GATES ON BOTH THE EAST AND WEST SIDE OF HOUSE. 1139 S.CEDAR VIEW DR: 1. BEST ACCESS TO SEWER SERVICE IS VIA THE GATE ON SOUTH SIDE OF HOUSE,ACCESSED VIA THE DRIVEWAY. 2. THE SECOND CHOICE FOR ACCESS IS VIA THE FENCE ON THE EAST SIDE OF THE HOUSE. GATE DARVIEW DR 1140 N.CEDARVIEW DR S17,T02 S,R06 E,BLOCK 7,Lot 6 NEV HYALITE VIEW SUB,S77,T02 S,RO6 E.BLOCK 7,Lot 7 1146 N. CEDARVIEW DR 1202 N. CEDA ANEW HYALITE VIEW SUB,S17,T02 S.R06 E.BLOCK 7,Lot 8 NEW HYALITE VIEW SUB,S17,T02 S,F 1 a c m o I 0 o N 0 WN o F Q W Q N 1139 S. CEDARVIEW DR m NEW HYALITE VIEW SUB,S17,T02 S.R06 E,BLOCK 7, )ARVIEW DR N T02 S,R06 E,BLOCK7.Lot n ` 1145 S. CEDARVIEW DR 1203 S. CEDAR\ NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 7,Lot 15 NEW HYALITE VIEW SUB,517,T02: 0 o GATE 3 SECOND CHOICE FOR ACCESS 1 o � cV N M N 1 LEGEND i i —s— EXISTING SANITARY SEWER MAINS * 'w• _ OS EXISTING MANHOLES �r 1 OE— EXISTING OVERHEAD ELECTRICAL U u L APPROX.EXCAVATION LOCATION/LIMITS i F PROPERTY ACCESS LOCATION N S.CEDARVIEW DR. S I N n N N PROJECT 4528.12322.01 o NEW HYALITE SUBDIVISION DATE 06 0a 2020 BOWL 1140 & 1146 N. CEDARVIEW DR N j 2090Sntana 9715 1139 & 1145 S. CEDARVIEW DR EXHIBIT A IZ„ Bozeman,Montana 59715 j 406-586-8834 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this day of 2020, by and between the City of Bozeman and Carl L & Lois Wambolt, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric gas telephone water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, Cityof Bozeman Municipal Code 40.03.460 W "Easements rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS City of Bozeman Municipal Code 40.03,760 Maintenance — "Work performed by utility" states: Once service to any customer has been installed the utility, at its own expense, shall maintain the service lines up to the public right-of way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer, Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1139 S Cedar View Dr; Bozeman, MT 59715 LEGAL DESCR: *NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 7 Lot 16 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. p_ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes.(/N1s &1AY NIT J3JE X&QUIRf-P) OWNER'S): City of Bozeman: By: Its: Date: Date: TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this ' day of N) r 2020, by and between the City of Bozeman and Kathleen J Fisher, hereina er referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25 1959 states in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric gas telephone water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area ten (1 0) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40 03 460 — "Easements rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements cleared rights-of-way and permits necessary to enable the utility to supply the service required WHEREAS, City of Bozeman Municipal Code 40 03 760 Maintenance — "Work performed by utility" states: Once service to any customer has been installed the utility, at its own expense shall maintain the service lines up to the public right-of way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner- does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: -1110 Cherry Dr; Bozeman MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S R06 E BLOCK 13 Lot 2 2) The City of Bozeman and its authorized representatives shall have the ri ht to enter the above described real property, as indicated on Exhibit A; to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. N. CEDARVIEWDR. RESIDENT NOTES: CI 1140 N.CEDAR VIEW DR: ' 1. THERE ARE GATES ON BOTH THE EAST AND WEST SIDE OF HOUSE. 1139 S.CEDAR VIEW DR: 1. BEST ACCESS TO SEWER SERVICE IS VIA THE GATE ON SOUTH SIDE OF HOUSE,ACCESSED VIA THE DRIVEWAY. 2. THE SECOND CHOICE FOR ACCESS IS VIA THE FENCE ON THE EAST SIDE OF THE HOUSE. GATE _DARVIEW DR i 1140 N.CEDARVIEW DR S17,T02 S.R06 E,BLOCK 7,Lot 6 NEV H ALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 7,Lot 7 !�C 1146 N. CEDARVIEW DR 1202 N.CEDA MNEW HYALITE VIEW SUB,S17,T02 S.R06 E,BLOCK 7,Lol 6 l� NEW HYALITE VIEW SUB,517,T02 S,F P P m o 0 I 0 0 WN F ¢ O 7 ¢ N P 1139 S. CEDARVIEW DR mj NEW HYALITE VIEW SUB,S17,T02 S.RO6 E,BLOCK 7,l Qt 16 )ARVIEW DR o Toz s,Ros E,BLOCK 7,Lol 17 1145 S. CEDARVIEW DR 1203 S. CEDAR\ NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 7,Lot 15 NEW HYALITE VIEW SUB,S17,T02 E 0 o, 3 SECOND CHOICE FOR ACCESS cA n LEGEND EXISTING SANITARY SEWER MAINS 1 v, t `� OO EXISTING MANHOLES -` jr' —0H— EXISTING OVERHEAD ELECTRICAL U � ¢ L___J APPROX.EXCAVATION LOCATION/LIMITS U 1n _ PROPERTY ACCESS LOCATION N ! S.CEDARVIEW DR. S,I N r7 N m N PROJECT 4528.12322.01 D O W L NEW HYALITE SUBDIVISION DATE Os Os 2020 1140 & 1146 N. CEDARVIEW DR N j 20905ntana 9715 1139 & 1145 S. CEDARVIEW DR EXHIBIT A Bozeman,Montana 59715 m 406-586-8834 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work, The following conditions apply to this property (check one): ❑ None noted. ❑" _.The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. OWNEiR(S): City of Bozeman: I By: V L-C By: I � By: Its: Date: Date: i 1. I l l I l i CHERRY DR. RESIDENT NOTES: 1110 CHERRY DR: 1. SEWER SERVICE CONNECTION IS LOCATED AT 1116 CHERRY DR.ACCESS TO 1110 WILL NOT BE NECESSARY.SEE RESIDENT NOTES FOR 1116 CHERRY DR FOR ACCESS DETAILS. I - ,I i ,r 1104 CHERRY DR 1110 CHERRY DR NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 13,Lot 1 1116 CHERRY D NEW HYALITE VIEW SUB,S17,T02 S,R06 E.BLOCK 13,Lot 2 NEW HYALITE VIEW SUB,S17,T02 S,RO6 a P P D) Q o o J I m o Q 1'. Z 0 N N � V O 2 W 7 Q V) N P f0 O 00 D � w 1103 E.KAGY BLVD 1109 E. KAGY BLVD o NEW HYALITE VIEW SUB,S17.T02 S.RO6 E,BLOCK 14,Lat 1 _ 1115 E.KAGY BLV[ NEW HYALITE VIEW SUB,S17,T02 S,R06 E.BLOCK 14,Lot 2 - ------ ------ ~o NEW HYALITE VIEW SUB,S17,T02 S.R06 E, J a a U I 0 c1l 1 N h N I x w I LEGEND —m— EXISTING SANITARY SEWER MAINS U OO EXISTING MANHOLES U V7 o —oE— EXISTING OVERHEAD ELECTRICAL o N E.KAGY BLVD• L-_-j APPROX.EXCAVATION LOCATION/LIMITS N N N o PROJECT 4528.12322.01 p W L NEW HYALITE SUBDIVISION DATE os os 2020 � / 1104 & 1110 CHERRY DR N `j 20905ntana Drive75 1103 & 1109 E. KAGY BLVD EXHIBIT A N Bozeman,Montana 59715 j 406-586-8834 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this ,-2md' day of sWA� 2020, by and between the City of Bozeman and Bruce R & Jeanne P Smith, hereinafter referred to as "Owner", whether one or more. IWHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS the New Hyalite Subdivision plat recorded June 25 1959 states i p n part "...reserving, as a permanent easement for the purpose of the installation and 1 maintenance of electric, gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, ri htq s-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements cleared rights-of-wax and permits necessary to enable the utility to supplV the service required. WHEREAS, Citv of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: Once service to any customer has been installed the utility_ at its own expense shall maintain the service lines up to the public right-of way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 11'l6 Cherry Dr; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 13 Lot 3 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): IO/None noted. ❑ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. O`u"r NER(S): Ciiy Of Bozernan: By; %� �.cc _ � rl L By: By: Its: Date: Date: CHERRY DR. RESIDENT NOTES: 1116 CHERRY DR: 1. ACCESS VIA WEST SIDE OF PROPERTY. PORTION OF FENCE WILL HAVE TO BE . REMOVED.RESIDENT WOULD LIKE TO BE CONTACTED BEFORE FENCE REMOVAL. 2. RESIDENT ASKS THAT LILAC BUSH AND CLOTHESLINE BE PROTECTED IF POSSIBLE. 1115 E KAGY BLVD 1. 1.NO RESIDENT NOTES ON RETURNED ACCESS AGREEMENT. 1121 E.KAGY BLVD: 1. NO RESIDENT NOTES ON RETURNED ACCESS AGREEMENT. FENCE HER DR 1116 CHERRY DR 317.T02 S,ROB E,BLOCK 13,Lot z ' 1122 CHERRY DR I i�EVf HYALITE VIEW SUB,517,T02 S.R06 E,BLOCK 13,Luc 3 CH ER F tIIEW HYALITE VIEW SUB,SI7,T02 S.ROB E,BLOCK 13,Lot 4,PLAT F-1 I NEW HYALITE VIEW B.8 17,TO LILAC BUSH CLOTHESLINE CEMENT FOOTINGS a rn - w a 0 N a 0 I w N m y 0 N AGY BLVD 1115 E.KAGY BLVD c, t z Toz S.ROB E,BLOCK 14,Lo -- — 1121 E.KAGY BLVD Q NEW HYALITE VIEW SUB,S77.T02 S,ROB E,BLOCK 14 3 o HYALITE VIEW SUB,SIT T02 S,R06 E.BLOCK 14,Lot 4 NEW HYALITE VIEW SUB,S17,T02 E 3 FENCE a )I ao N LEGEND N —�— EXISTING SANITARY SEWER MAINS N O EXISTING MANHOLES .* —OE— EXISTING OVERHEAD ELECTRICAL j L---J APPROX.EXCAVATION LOCATION/LIMITS PROPERTY ACCESS LOCATION N _ - E. KAGY BLVD. �' n N m N PROJECT 4528.12322,01 1 NEW HYALITE SUBDIVISION DATE 06 08 2020 ©V/-ld 1116 & 1122 CHERRY DR 2090Sntana 9715 1115 & 1121 E. KAGY BLVD EXHIBIT" A m ve Bozeman,Montana 59715 i 406-586-8834 i TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this a day of Oo- , 2020, by and between the City of Bozeman and Kristin Davis, hereinafter referr6d to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric, gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may .generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40,03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 11115 E Kagy Blvd; Bozeman, MT 5971 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 14, Lot 3 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. ,ISS' The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. VAS , L ,nA k, �L vevvlUrr\j VhWtvll� we 0, t, A:% v O%jr Nu, wi11 �,L iv% M•i wor '1� 1•t it„�' G` � 1 O°J'V ER(B): Clty cf SJOZeman: By: l:v,;\iv 0�.. ,S aJ�v� By: I Its:I By, r��� ,_'l�` �i?d��- -- IDate: 10 Date: 1 I I l l - . I CHERRY DR. RESIDENT NOTES: 1116 CHERRY DR: 1. ACCESS VIA WEST SIDE OF PROPERTY. PORTION OF FENCE WILL HAVE TO BE REMOVED.RESIDENT WOULD LIKE TO BE CONTACTED BEFORE FENCE REMOVAL. 2. RESIDENT ASKS THAT LILAC BUSH AND CLOTHESLINE BE PROTECTED IF POSSIBLE. r� 1115 E KAGY BLVD 1. 1.NO RESIDENT NOTES ON RETURNED ACCESS AGREEMENT. 1121 E.KAGY BLVD: 1. NO RESIDENT NOTES ON RETURNED ACCESS AGREEMENT. FENCE .� i :i tat. HERRY DR 1116 CHERRY DR >n,T02S,R06E,8LOCKlI Lot2 - L22 CHERRY DR 1126 CHERF AIEV%HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 13,Lot 3 I�EW HYALITE VIEW SUB,577,T02 S,R06 E,BLOCK 13,Lol4,PLAT F-1 NEW HYALITE VIEW SUB,S17,TO. LILAC BUSH CLOTHESLINE CEMENT FOOTINGS a w •. a m 0 c J �. o ' • I o N D N FW- Q O O Q fn 1(1 P D I " A BLVD 1115 E. KAGY BLVD 1121 E. KAGY BLVD 1,T02 S.R06 E.BLOCK 74,Lot 2 - - __-- ---- < NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 14 Lc-0 — - - 1127 E.KAGY D �� NEHYALITE VIEW SUB,S77,T02 S,R06 E,BLOCK 14,Lol4 NEW HYALITE VIEW SUB,577,T02: o FENCEI 3 r t U I " LEGEND EXISTING SANITARY SEWER MAINS _ OO EXISTING MANHOLES r —OE— EXISTING OVERHEAD ELECTRICAL U < APPROX.EXCAVATION LOCATION/LIMITS PROPERTY ACCESS LOCATION 0 I N E. KAGY BLVD. n N � ` !0 N N PROJECT 4528.12322.01 ``= NEW HYALITE SUBDIVISION DATE 06 08 2020 DOWL 1116 & 1122 CHERRY DR j 2090Sntana 9715 1115 & 1121 E. KAGY BLVD EXHIBIT A Bozeman,Montana 59715 i 406-586-8834 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this . day of / � , 2020, by and between the City of Bozeman and Mark K & Debra S Miller, h reinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property_ WHEREAS, the New Hyalite Subdivision plat recorded June 25 1959 states, in park "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric, gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 -- "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer-, must furnish all easements, cleared rights-of way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: Once service to any customer has been installed, the utility, at its own expense shall maintain the service lines up to the public right-of=way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. I Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind I themselves to the terms and conditions stated herein: ` 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: lADDRESS: 1121 E Kagy Blvd; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB S17 T02 S, R06 E, BLOCK 14 Lot a 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utilitv easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021, 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. V The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. OWNER(B). City o lBozeman: By: </�� � By: By: "�/ "�/l�� �� t��� Its: Date: �'�/ " � �� Date: CHERRY DR. RESIDENT NOTES: 1116 CHERRY DR: 1. ACCESS VIA WEST SIDE OF PROPERTY. PORTION OF FENCE WILL HAVE TO BE {� REMOVED.RESIDENT WOULD LIKE TO BE CONTACTED BEFORE FENCE REMOVAL. 2. RESIDENT ASKS THAT LILAC BUSH AND CLOTHESLINE BE PROTECTED IF POSSIBLE. 1115 E KAGY BLVD 1. 1.NO RESIDENT NOTES ON RETURNED ACCESS AGREEMENT. 1121 E.KAGY BLVD: i 1. NO RESIDENT NOTES ON RETURNED ACCESS AGREEMENT. FENCE HERRY DR 1116 CHERRY DR >n,T02 S,R06 E,BLocK 13,Loll 1122 CHERRY DR NEV HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 13,Lot 3 -- CHERF <11EW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 13,Lot 4,PLAT F-1 NEW HYALITE VIEW SUB,517,TU LILAC BUSH CLOTHESLINE CEMENT FOOTINGS rn w y P m O S o 0 N O N Q O O W 7 ¢ y P O N � • i AGY BLVD N 1115 E. KAGY BLVD 7,T02 S.R06 E.BLocK ta,iot2 — — - 1121 E.KAGY BLVD ¢ NEW HYALITE VIEW SUB,S17,T02 S.R06 E,BLOCK 14;Lci 3 - - --- 1 127 E.KAGY :4 o ,#� E HYALITE VIEW SUB,577,T02 S.R06 E.BLOCK 14,Lat 4 NEW HYALITE VIEW SUB,S17,T02£ F 3 FENCE T ^I m 1 U O LEGEND — EXISTING SANITARY SEWER MAINS ,, . EXISTING MANHOLES �r OE— EXISTING OVERHEAD ELECTRICAL ILL___J APPROX.EXCAVATION LOCATION/LIMITS ® PROPERTY ACCESS LOCATION o n E. KAGY BLVD. N , m N PROJECT 4528.12322.01 sk p W L NEW HYALITE SUBDIVISION DATE 06 08 2020 1116 & 1122 CHERRY DR 20905ntana 9715 1115 & 1121 E. KAGY BLVD EXHIBIT A ve mBozeman,Montana 59715 i 406-586-8834 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this day of 2020, by and between the City of Bozeman and _Donald B Demetriades, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states in oast "..,reserving, as a permanent easement for' the purpose of the installation and maintenance of electric, .gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may .generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of wav and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: j1127 E Kagy Blvd; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 14, Lot 5 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing_utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. ❑ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. I OWNER(S): City of Bozeman: By: t By: By: Its: Date: < / / 2- v Date: I � I I � I I 1 l I CHERRY DR. RESIDENT NOTES: 1127 E KAGY BLVD: 1. ENTER IN THE GATE ON EAST SIDE OF HOUSE. HERRY DR 1126 CHERRY DR 02 S,R06 E.BLOCK 13,Lo14,rLAr F-, 1134 CHERRY DR NEW HYALITE VIEW SUB,S17,T02 S.RO6 E,BLOCK 13,Lot 5 1140 CH ER NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 13.Lot 6 hEW HYALITE VIEW SUB,S17,T02 S,R a rn P P O I O I 0 N O N W r 0 0 w ¢ m N P f0 O O N AGY BLVD 1127 E. KAGY BLVD_ 1133 E. KAGY BLVD T02 S.ROB E.BLOCK 14,Lot 4 NEW HYALITE VIEW SUB,S17,T02 S.R06 E,BLOCK 14,Lot e:: 1139 E.KAGY ¢ NEW HYALITE VIEW SUB,S17,T02 S,ROB E,BLOCK 14.Lot 6 NEW HYALITE VIEW SUB,S17,TO2: 0 0 GATE 3 T U I 0 N N _ N � . I S W [n I LEGEND — —s— EXISTING SANITARY SEWER MAINS ¢ EXISTING MANHOLES U N � —OE— EXISTING OVERHEAD ELECTRICAL N E. KAGY L--_J APPROX.EXCAVATION LOCATION/LIMITS N BLVD. m N PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE Os 08 2020 DOWL 1126 & 1134 CHERRY DR j 2090Sntana 9715 1127 & 1133 E. KAGY BLVD EXHIBIT A z Bozeman,Montana 59715 N j 406-586-8834 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this 6111 -day of 411-A )'/! , 2020, by and between the City of Bozeman and Brian F Close, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric, gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may generallV be used in the area ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements cleared rights-of-way iand permits necessary to enable the utility to supply the service required WHEREAS, Citv of Bozeman Municipal Code 40.03.760 Maintenance — "Work A performed by utility" states: Once service to any customer has been installed the utility at its own expense, shall maintain the service lines tip to the public right-of way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1140 Cherry Dr; Bozeman, MT 59715 LEGAL DESCR: NEW f IYALITE VIEW SUB, S17, T02 S. R06 E, BLOCK 13 Lot :7, PLAT F-13 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. ❑ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. E'iifvNER(S): , City of Bozeman: �r4 By: Its: l Date: - � Date: r . . _ CHERRY DR. RESIDENT NOTES: 1140 CHERRY DR. 1. SEWER TAP AND SERVICE REPLACED IN FEB 2008. 2. ACCESS SEWER SERVICE CONNECTION VIA WEST SIDE OF HOUSE. 1145 E.KAGY BLVD. 1. ACCESS VIA EAST SIDE OF HOUSE.THERE IS —68"OF CLEARANCE IF BUSHES AND TREE BRANCHES ARE REMOVED. 1! ti 2. RESIDENT WOULD LIKE TO BE CONTACTED J PRIOR TO START OF WORK.CONTACT GLORIA LARSON AT 406-581-1861 rl :HERRY DR 1140 CHERRY DR - S17,T02 S.R06 E,BLOCK 13,Lot 6 1 1146 CHERRY DR t• V HY,4LfiE VIEW SUB,577,T02 S.RO6 E.BLOCK 13,Lot 7,PLAT F-1 --- --- 1204 CHEF NEW HYALITE VIEW SUB,S17,T02 S.R06 E,BLOCK 13,Lo[8 NEW HYALITE VIEW SUB,S17,TC - ' l } vwi j :tF �' v ro m 0 I o \ 0 w 0 N Q O W 06 Q P �, m O I O AGY BLVD 1139 E. KAGY BLVD 'r 7,T02 S,R06 E,BLOCK 14,Lot B NEW HYALITE VIEW SUB,S17,T02 S.R06 E,BLOCK 14,Lot 7 1145 E.KAGY BLVD 1203 E. KAGY o - E HYALTE VIEW SUB,S17,T02 S,R06 E.BLOCK 14,Lot B NEW HYALITE VIEW SUB,S 17,T021 0 68"WIDE IF BUSHES ARE REMOVED U � O N , N M V LEGEND 2 N �fa EXISTING SANITARY SEWER MAINS N Cs� EXISTING MANHOLES / —oc— EXISTING OVERHEAD ELECTRICAL i ---� u L___J APPROX.EXCAVATION LOCATION/LIMITS n i i PROPERTY ACCESS LOCATION D _ _ n E. KAGY BLVD. N m N PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE 06 08 2020 BOWL 1140 & 1146 CHERRY DR 2090 an,Mo tana59715 1139 & 1145 E. KAGY BLVD EXHIBIT A m Bozeman,Montana 59715 / 406-586-8834 TEMPORARY ACCESS AGREEMENT THiS AGREEMENT is entered into this day of , 2020, by and between the City of Bozeman and Gary Lee & Gloria Elaine Larson Rev Trst, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the Cit 's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric, .pas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may .generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the.utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance — "Work Performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that removal of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman, and the Owner hereby agree to bind themselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: MI 4act�rBlyc Baze�nan, N17"591 LEGAL DESCR: XAL�T�1/l:E1N SUB, S7" 02St �QF:E13LO:CK�; , L 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021, 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. ❑ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) 1 from work completed by City or its authorized agents on Owner's land for I the above purposes. 1 IOWNER(S): City of Bozeman: 04y�By; l f � By: B : / Its: I Y DaterL4D 7-20 2-0 Date: I I I I 1 l l l CHERRY DR. RESIDENT NOTES: 1140 CHERRY DR. 1. SEWER TAP AND SERVICE REPLACED IN FEB 2008. 2. ACCESS SEWER SERVICE CONNECTION VIA WEST SIDE OF HOUSE. 1145 E.KAGY BLVD. 1. ACCESS VIA EAST SIDE OF HOUSE.THERE IS —68"OF CLEARANCE IF BUSHES AND TREE BRANCHES ARE REMOVED. I� 2. RESIDENT WOULD LIKE TO BE CONTACTED PRIOR TO START OF WORK.CONTACT GLORIA r � LARSON AT 406-581-1861 ,HERRY DR 1140 CHERRY DR 1146 CHERRY DR -- Sl7,T02 S,R06 E,BLOCK 13,Lot E4'/HY��1.RE VIEW SUB,S17,T02 S.R06 E,BLOCK 13,Lot 7,PLAT F-1 - -------- 1204 CHEF NEW HYALITE VIEW SUB,S17,T02 S.R06 E,BLOCK 13,Lol8 NEW HYALITE VIEW SUB,S17,TC I o+ v m 0 o _ a- I 00 o N r O W J o N m O I I I O N :AGY BLVD 1139 E. KAGY BLVD 0 7,T02 S.ROB E,BLOCK 14,Lot NEW HYALITE VIEW SUB,SIT T02 S.R06 E,BLOCK 14,Lot 1145 E. KAGY BLVD 1203 E.KAGY E HYALITE VIEW SUB,S17,T02 S.R06 E,BLOCK 14,Lol B NEW HYALITE VIEW SUB,S17,T021 0 a 68"WIDE IF BUSHES ARE REMOVED U - I b Y. cV N n LEGEND EXISTING SANITARY SEWER MAINS m OO EXISTING MANHOLES i —or— EXISTING OVERHEAD ELECTRICAL G r----i a L---J APPROX.EXCAVATION LOCATION/LIMITS U i t 7 PROPERTY ACCESS LOCATION 0 n E.KAGY BLVD. N m N PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE os oe 2020 BOWL 1140 & 1146 CHERRY DR m `j 20905ntana 9715 1139 & 1145 E. KAGY BLVD EXHIBIT A �z„ Bozeman,Montana 59715 i 406-586-8834 TEMPORARY ACCESS AGREEMENT THIS AGREEMENT is entered into this day of 2020, by and between the City of Bozeman and Benjamin P & Traci Klein, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the City's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property is not needed but the proposed work is expected to impact Owner's property.. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in part "...reserving, as a permanent easement for the purpose of the installation and maintenance of electric, gas, telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may .generally be used in the area, ten (10) feet in width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public Use. I WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of way and permits furnished by customer" states: A customer, or prospective customer, must furnish all easements, cleared rights-of-+Nay i and ermits necessary to enable the utility to supply the service required, 1 WHEREAS, City of Bozeman Municipal Code 40.03.760 Maintenance -- "Work I performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the )ublic right-of way line, with the exception that Iremoval of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind lthemselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman Jand its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: 1115 S Spruce Dr; Bozeman, MT 59715, LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 10, Lot 16 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete sr_rch other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. ❑ The City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. OWNER(S): City of Bozeman: By: - - By: By: Its: Date: S 4 Z Date: r N.SPRUCE DR. RESIDENT NOTES: 1115 S.SPRUCE DR. 1. RESIDENTS WOULD LIKE A VISIT FROM THE ENGINEER/CONTRACTOR TO MAKE A PLAN FOR ACCESS. 2. MATURE TREES AND A STEEP BERM WILL MAKE ACCESS CHALLENGING. - I SPRUCE DR 1116 N. SPRUCE DR 517,T02 S,R06 E,BLOCK 10,Lot 2 NEW HYALITE VIEW SUB,S17,T02 S,R06 E.BLOCK 10,L 13,N 1122 N.SPRUCE DR 1126 N.SPF t+EW HYALITE VIEW SUB,S17,T02 S.R06 E.BLOCK 10,Lol4,PLAT F-1 NEW HYALITE VIEW SUB,517,P n rn o: w N e6 m O o m . o 'p I 0 N O N W H Q O O W 7 Q VI m P e6 O m I � I m O N N PRUCE DR 1115 S. SPRUCE DR a 7,T02 S.R06 E,BLOCK 10,Lot 17 't!€�N HYALITE VIEW SUB,517,T02 S,R06 E,BLOCK 10,Lot 16 , 1121 S.SPRUCE DR 1127 S.SPRL O NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 10.Lot 15 r NEW HYALITE VIEW SUB,517,T02: a STEEP HILL 2 I 0 N N M LEGEND N —�a— EXISTING SANITARY SEWER MAINS TWO LARGE SO N SPRUCE TREES, ONE EXISTING MANHOLES U COTTONWOOD —OE— EXISTING OVERHEAD ELECTRICAL cQi L---J APPROX.EXCAVATION LOCATION/LIMITS m PROPERTY ACCESS LOCATION o _ n S. SPRUCE DR. N / = 3 m N M PROJECT 4528.12322.01 NEW HYALITE SUBDIVISION DATE Os 08 2020 BOWL 1116 & 1122 N. SPRUCE DR m 20905ntana 9715 1115 & 1121 S. SPRUCE DR EXHIBIT A m Bozeman,Montana 59715 / 406-586-8834 Technical Specifications For: City of Bozeman New Hyalite View Subdivision Sanitary Sewer Service Connection Improvements May 22, 2020 Prepared For: BOZ E MANMT Engineering Division City of Bozeman 121 N. Rouse Ave Bozeman, MT 59715 DOWL Project# 4528.12322.01 Prepared By: Approved By: ��`�� 0 N TAI DOWL 2090 Stadium Drive =W. 14863P = Bozeman,MT 59715o (406)586-8834 '%�� '•cEN s�• r. Project No. 4528.12322.01 ��l��ss�0+NAL,� �`°�� DIVISION 00-PROCUREMENT AND CONTRACTING REQUIREMENTS SECTION 00300-BID FORM BID FORM City of Bozeman New Hyalite View Subdivision Sanitary Sewer Service Connection Improvements Page TABLE OF CONTENTS Page ARTICLE1—Bid Recipient.......................................................................................................................1 ARTICLE 2—Bidder's Acknowledgements...............................................................................................1 ARTICLE 3—Bidder's Representations.....................................................................................................1 ARTICLE 4—Bidder's Certification..........................................................................................................2 ARTICLE5—Basis of Bid..........................................................................................................................3 ARTICLE 6—Time of Completion.............................................................................................................7 ARTICLE 7—Attachments to this Bid........................................................................................................7 ARTICLE8—Defined Terms.....................................................................................................................7 Page H ARTICLE 1 —BID RECIPIENT 1.01 This Bid is submitted to: Clerk of Commission City Hall 121 N. Rouse Avenue P.O. Box 1230 Bozeman,MT 59771-1230 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2—BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the tern-is and conditions of the Advertisement or Invitation to Bid, and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening,or for such longer period of time that Bidder may agree to in writing upon request of Owner. 2.02 Bidder acknowledges the BASIS OF AWARD as follows: If the contract is awarded, the Owner will award a single Contract in accordance with the Instructions to Bidders. Bidders shall submit a Bid for all bid Schedules on a unit price basis for each item of Work listed on the Bid Form. The Owner reserves the right to accept or reject the Bids, or portions of the Bids denoted as separate schedules or alternates. The award will be made by the Owner on the basis of that Bid from the lowest responsive, responsible Bidder which, in the Owner's sole and absolute judgment, will best serve the interest of the Owner. The low 1 bidder will be determined on the basis of the lowest combined total of the awarded Bid J Schedules. ARTICLE 3—BIDDER'S REPRESENTATIONS I3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda,receipt of all which is hereby acknowledged: Addendum No. Addendum Date t l�lS ao l BID FORM See 00300 - 1 B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local,and Site conditions that may affect cost,progress,and performance of the Work. C. Bidder is familiar with and has satisfied as to all federal, state and local Laws and Regulations that may affect cost,progress, and performance of the Work. D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site(except Underground Facilities) which have been identified in the Supplemental Conditions as provided in paragraph 4.02 of the General Conditions,and(2)reports and drawings of a Hazardous Environmental Condition, if any, which has been identified in the Supplemental Conditions as provided in paragraph 4.06 of the General Conditions. E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost,progress,or performance of the Work or which related to any aspect of the means, method, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents,and all additional examinations,investigations,explorations,tests, studies and data with the Bidding Documents. I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. ARTICLE 4—BIDDER'S CERTIFICATION 4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. BID FORM Sec 00300 - 2 i tThe Bidder certifies that no official of the Owner,Engineer or any member of such officials immediate family,has direct or indirect interest in the pecuniary profits or Contracts of the Bidder. ARTICLE 5—BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s): f I l l l BID FORM Sec 00300 - 3 BID FORM: SCHEDULE 1 NEW HYALITE VIEW SUBDIVISION SANITARY SEWER SERVICE Item Description Quantity Unit Unit Price Total Price 101 Mobilization and 1 LS Demobilization '�3 93, o> 102 Taxes, Bonds and Insurance 1 LS l oSS7 /o s 7 Co Sewer Service Replacement 103 17 EA <= 6' bur /939.co 104 Sewer Service Replacement 36 EA (6'<bur <=8') ai sZ>• t> �� �o.oo 105 Sewer Service Replacement 40 EA 8'< bury<=10' Sewer Service Replacement 106 > 10' bur ) 5 EA 107 Underground Utility 5 EA Crossin /Power Pole 4s� .asa.aa 108 Fence Remove and Replace 6 EA 109 Tree Removal 16 EA ac>6.Co _ 110 Landscaping/Sod 80 EA Restoration b vo oa 111 Asphalt Street Restoration 18 EA 0o you. 112 Traffic Control 1 LS A101-t.60 �yDy.ao 113 Exploratory Excavation 10 HR o+40.0p oy 06.Uo BID SCHEDULE 1 —TOTAL ESTIMATED BID PRICE �f"1�.M_Ii `.,..1„�✓ v�ln rl'1. a.vo T�Id�� Srch�- �.-vi.-r✓f/ .li,.� Vlk� ��ri1'TJ h+...� �a7 C TOTAL SCHEDULE 1 ESTIMATED BID PRICE (WORDS) BID FORM Sec 00300 -4 BID FORM: SCHEDULE 2 NEW HYALITE VIEW SUBDIVISION SANITARY SEWER SERVICE Item Description Quantity Unit Unit Price Total Price I201 Mobilization and 1 LS Demobilization oc-'D-6CD 6C)a cxD I 202 Taxes. Bonds and Insurance 1 LS �S33,c)D Sewer Service Replacement 20� (<= 6' bur ) 12 EA 5 25 C'Z-" a�FS.vd 204 Sewer Service Replacement 14 EA 6'<bui <=8') o isZ.C'D 205 Sewer Service Replacement 14 EA (8'< bury<=10') d�ii��-cG l Sig.va Sewer Service Replacement 206 (> 10' bury) 3 EA �?'a S UCI �155 r�o 207 Underground Utility 9 EA ICrossin /Power Pole 208 Tree Removal 10 EA 209 Landscaping/Sod Restoration 39 EA 210 Asphalt Street Restoration 4 EA 211 Traffic Control 1 LS (jig (JU 212 Exploratory Excavation 10 HR BID SCHEDULE 2—TOTAL ESTIMATED BID PRICE _ J1 �'K C)D I l_4 vP. l-wv�*-� ��^-�'L Svc.• sr e•o A�c� C ran {�nre�vy� ;� ��,. Sa s h� olo l(µ-s t-yt� �-ry a,e� TOTAL SCHEDULE 2 ESTIMATED BID PRICE (WORDS) i 1 BID FORM Sec 00300 - 5 BID FORM: SCHEDULE 3 NEW HYALITE VIEW SUBDIVISION SANITARY SEWER SERVICE Item Description Quantity Unit Unit Price Total Price 301 Mobilization and Demobilization 1 LS �.y �� �y 00b.CFO 302 Taxes, Bonds and Insurance 1 LS �7o5.oD 303 Sewer Service Replacement 5 EA 6'<bui <=8' 304 Sewer Service Replacement 8'<bu <=10' 41 EA �((�s.00 t o o�s,6o 305 Sewer Service Replacement 10 EA (> 10' btu ) ?Sad-as 35 cn 306 Underground Utility Crossin /Power Pole 2 EA 307 Asphalt Street Restoration 56 EA 308 Traffic Control 1 LS /.�oa. oo /boa.do 309 Exploratory Excavation 10 HR BID SCHEDULE 3 -ESTIMATED BID PRICE = 30-6, � 11zc �w„el.� +-...o,�l � �,s,-..-J 1- b h �,.aJ - �r� i i�S •�,,rl �v� �-�, TOTAL SCHEDULE 3 ESTIMATED BID PRICE (WORDS) SCHEDULES TOTALS Schedule 1 Schedule 2 P- �S .cam Schedule 3 Total Bid = /iC/it �lrjgi� 7J1q��h'1� �L.SDI{ hV'4/ fft�li .4,J ta►O C-qA V TOTAL BID PRICE (WORDS) BID FORM Sec 00300 -6 A. Unit prices have been computed in accordance with paragraph 11.03.B of the General Conditions. B. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on the actual quantities provided, determined as provided in the Contract Documents. C. The undersigned agrees that the unit prices shall govern in checking the Bid, and should a discrepancy exist in the Total Estimated Price and Total Amount of Unit prices Bid as listed above after extensions are checked and corrections made, if any, the Total Amount of Unit Prices Bid as corrected shall be used in awarding this Contract. 1 D. The OWNER reserves the right to reject any or all bids. I ARTICLE 6—TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and completed and ready for final payment in accordance with 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. lARTICLE 7—ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid Security in the amount of 10% of the maximum Bid price including alternates, if any, and in the form of a Bid Bond identified in the Instructions to IBidders. ARTICLE 8—DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, General Conditions, and the Supplementary Conditions. I SUBMITTED on J C,n e-- , 2020 Montana CONTRACTOR's Registration # I Employer's Tax ID No. I 1 BID FORM Sec 00300 -7 If BIDDER is: An Individual: (Name typed or printed) By: (Individual's Signature) Doing Business as: Business Address: Phone No.: Fax No.: A Partnership: (Partnership Name) By: (Signature) (Name, typed or printed) Business Address: Phone No.: Fax No.: BID FORM Sec 00300 - 8 i i A Corporation: �QS rr MwIldoj Con f r ti (SEAL) (Corporation Name) ' State of Incorporation: Y ►A+(k ►•SA- a Type (General Business, Profession 1 ice, Limited Li bility):�Pher-Aj' t�55 By: d� �' GUSH arc clQ� 1 t (Si ature of person authorized to sign) Title: (e S+ e ki f' Attest: hvtiS (toss (Signature of Secretary) p 7e v.,J- D nS Business Address: S i s kn Qoa. IPhone No.: U(v a- - l 0 (o Fax No.: Date of Qualification To Do Business Is: I I (Corporate Seal) I I I l . I l BID FORM Sec 00300 - 9 I A Joint Venture: Each Joint Venture Must Sign Joint Venturer Name: By: (Signature of Joint Venture Partner) Name: (Name,printed or typed) Title: Business Address: Phone No.: Fax No.: Joint Venturer Name: By: (Signature of Joint Venture Partner) Name: (Name, printed or typed) Title: Business Address: Phone No.: Fax No.: Address of Joint Venture for Receipt of Official Communication: Address: Phone No.: Fax No.: (Each Joint Venture Must Sign. The manner of signing for each individual,partnership, and corporation that is a parry to the joint venture should be in the manner indicated above.) BID FORM See 00300 - 10 PENAL,SUM FORM DID BOND Any singular reference to Bidder, Surety,Owner or otber party shall be considered plural where applicable. BIDDER(Name and Address): Western Municipal Construction, Inc. 5855 Elysian Road, Billings, MT 59101-6320 SURETY(Nance and Address of Principal Place ofBuslness): Fidelity and Deposit Company of Maryland 1299 Zurich Way, 5th Floor , Schaumburg, IL 60196-1056 OWNER(Name and Address): I City of Bozeman 121 N Rouse, Suite 200, PO Box 1230, Bozeman, MT 59771-1230 BID I Bid Due Date: June 11, 2020 Description(Project Name andAcludeLocation): New Hyalite View Subdivision - Sanitary Sewer Service Connection Improvements, Bozeman, Montana BOND Bond Number: Bid Bond Date(Not earlier than Bid due date): June l l, 2020 I Penal s= Ten Percent of Amount Bid $ 10% (Words) (Figures) I Surety and Bidder, intending to be legally bound hereby,subject to the terms set forth below,do each cause this Bid Bond to be duly executed by an authorized officer,agent,or representative. I B u.it ER ,,TY Western Municipal Construction, Inc. (Seal) Fidelity and Deposit Company of Wryland (Seal) Bidder's;Name and orp �ato Seal Surety's Dame and Corporate Seai Si tare 9 9"0 tare(Attach Po�!cr of Aloracy) 1 a i Gerber a Print Name lago Name Vh2S i d e k-t '`� __% A rney-in-Fact Title n,rsa0 'de Attest: f --- Atte l Signature h ki l 5 Iu.S S Signature Allan Hult n Opep-,u+ibyrS V(14�- Witness I Title Title 1 Surety Phone No. Note:Above addresses are to be used for giving any required notice, Provide execution by any additional parties, such as joint venturers, if necessary. EJCAC C-430 Did Donn(Pawl Saw ro�o) FrC7ggCf1 by thO E©&CM JOW CootfHk DOC-1 OWS COMI-0lttee- Nya l.of 3 IDocuSign Envelope ID:6845D7A9-C3CC-488E-B5FA-69E9F17C4DC0 � I NOTICE OF AWARD IDated: June 23,2020 TO: Western Municipal Construction,Inc. I ADDRESS: 5855 Elysian Road,Billings,MT 59101-6320 PROJECT: New Hyalite View Subdivision Sanitary Sewer Service Connection Improvements CONTRACT FOR: Schedule 1,schedule 2,and schedule 3 You are notified that your Bid dated June 11,2020,for the above Contract has been considered. You are the apparent Successful Bidder and have been awarded a Contract for New Hyalite View Subdivision Sanitary Sewer Service Connection Improvements. The Contract Price of your Contract is: Eight Hundred Sixty Thousand Eight Hundred Seventy Seven NDollars($860,877.00). Three copies of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within fifteen(15)days of the date of this Notice of Award,that is, by July 7"',2020 1. You must deliver to the OWNER 3 fully executed counterparts of the Agreement including all the Contract Documents and Drawings. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instruction to Bidders(page 7),General Conditions(paragraph 5.01)and Supplementary Conditions (paragraph SC-5.02). 3. List other conditions precedent: You must deliver with the executed Agreement the Certificates of Insurance as specified in the General Conditions(paragraph 5.03)and Supplementary Conditions (paragraph SC-5.04). Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned,to annul this Notice of Award, and to declare your Bid Security forfeited. Within ten(10)days after you comply with these conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. CITY OF BOZEMAN,MONTANA ATTEST: DocuSigned by: ned b DocuSigned by: DocuSi 9 y� 2 BY: BY��LI�t, �lcta yMY CLERK) F41 F922095A���... --- -' DATE: 6/24/2020 AGREEMENT FORM etween THIS AGREEMENT is dated as of the i day of I W�"7em Municipal const ucaoar 2020,by rna hend reinafter CITY OF BOZEMAN, hereinafter called OWNER, and called CONTRACTOR. OWNER AND CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. 4 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The City of Bozeman New Hyalite Viewon to and replacement of approximately 197 sanitary Improvements project includes excava sewer ` sewer service lateral connections on the xisting 8-inch diamete mains were previously slipyh'ned withlCured-Ing the project area. The existing clay tale se Place-Pipe (CIPP) and the sewer service leWe lservices were rlaterals w th neweinstated from swater-tight connections This protect includes replacement oft e s and several feet of new sewer service pipe to reconnect (right property. Work includes all excavation,pipe the existing sewer sery -of-way)or utility easements on private l work will be completed within public open space e connection materials and installation,backfill, and ding aeas of sodin , lt replacement,temporary surface restoration incluent of 1 private fence gectionsnand tree mining and/or removal,as relocation and replacem p ' required to complete the work. � er the Contract Documents may be the whole or only a part is The project for which the Work und � Ci zem of Bo New H alite View Subdivision-Sanit�nry generally described as follows: 2020 Sewer Service Connection Improvements. I Article 2. CONTRACT TIME. alendar days after the date when the contract time j 2.1 The Work will be completed within 1 General Conditions. Final payment will be withheld i commences to run as provided in the until final completion and acceptance of the Work, as stipulated in this Agreement. he essence in 2.2 Liquidated Damages. OWNS�aRndVCONTRACTOR1nCial lossnfthe Work isize that time s not tsubst substantially this Agreement and that OWN 4 complete within the time specified above,plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties l involved in proving,in a legal or arbitrate oon n ocee time. Accordingly, instead of rding,the actual loss qui by irr'ng any OWNER 4 if the Work is not substantially complete ( such proof,OWNER and CONTRACTOR a OWNER seven hundred fifty dollars($750s liquidated damages for delay(00) not as a penalty)CONTRACTOR shall p y for each day that expires after the time specified herein until the Work is substantially I 1 i Sec 00500 - 1 �I AGREEMENT' { I complete. Article 3. CONTRACT PRICE. work in accordance with the OWNER shall pay CONTRACTOR for performance of the d the ContractDoc anent) 3.1 OW p Contract Documents the sum(subject to adjustment � 860 g77.00 •f i& Hundred Si Th s nd Ei ht H ndred Sever Seven Dollars and Zero(`.ei ts( Article 4. PAYMENT PROCEDURES. CTOR shall submit applications for payment in accordance with the General Conditions. CONTRA A lications for payment will be processed as provided in the General Conditions. ar Pp Payments. OWNER will make progress pat on for payment as recommended by ments monthly on count of the 4.1 Progress contract price on the basis of CONTRACTOR'S application progress of the Work ENGINEER. All progress paalues tr provided for n the Gens wilt be on the basise 1 Cond't ons. measured by the schedule of P I OWNER may retain five (5) percent of the amount due the CONTRACTOR in 4.1.1 The accordance with the General Conditions and as outlined herpayment. Upon final completion and acceptance of the contact price asdrecomrnended ce with the G II 4.2 en y General Conditions,OWNER shall pay the remainder IIby ENGINEER. Article 5. INTEREST• ones not aid when due hereunder shall bear interest at the simple rate established by l I All m p the Federal Cost of Money Rate commencing at the time of a claim. Article 6. CONTRACTOR'S REPRESENTATIONS. ace OWNER to enter into this Agreement, CONTRACTOR makes the In order to and following representations: CONTRACTOR has familiarized himself with the and federal, state and local laws, ure and e tent of the Contrar 6.1 CO or Documents, Work,locality, and with all local con manner may affect cost, progress ordinances, rules and regulations that in any performance of the Work. II rwise affecting cost,progress or performance CONTRACTOR has studied carefully all reverts of investigations and tests of su su ace 6.2 and latent physical conditions at the site of of of the Work which were relied.upon by ENGINEER dhf.cat ons toithe General Conditions. l� specifications and which have been identified in I lI Sec 00500-2 AGREEMENT I �I 7.10 Special Provisions and Measurement and Payment. 7.1.1 Montana Public Works Specifications, Sixth Edition,and City ofBozeman Modifications to Montana Public Works Standard Specifications Sixth Edition,March 31,2011 with addenda (by reference). 7.12 Appendices (unless otherwise indicated) 7.13 Addenda listed on the Bid forms. 7.14 CONTRACTOR'S executed Bid forms. 7.15 Documentation submitted by CONTRACTOR prior to Notice of Award. 7.16 Notice of Award. 7.17 Notice to Proceed. 7.18 Any modification,including Change Orders,duly delivered after execution of Agreement. 7.19 Any Notice of Partial Utilization. 7.20 Notice of Substantial Completion, 7.21 Notices of Final Completion and Acceptance. 7.22 Non-discrimination affirmation form. q 7.23 Drawings 1 There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be altered, amended or repealed by a modification(as defined in the General Conditions). Article S. MISCELLANEOUS. 8.1 Terms used in this Agreement which are defined in the General Conditions shall have the meanings indicated in the General Conditions. II 8.2 This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the OWNER and the CONTRACTOR respectively and his partners, successors, assigns,and legal representatives. Neither the OWNER nor the CONTRACTOR shall have I the right to assign,transfer or sublet his interest or obligations hereunder without written I consent of the other party. The OWNER reserves the right to withdraw at anytime from any subcontractor where Work has proven unsatisfactory the right to be engaged in or employed I AGREEMENT Sec 00500-4 i upon any,part of the Work. I 8.3 In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required Is herein,then the prevailing party or the party giving notice shall be entitled to reasonable j attorney's fees and costs. I 8.4 Any amendment ofmodifications of this Agreement or any provisions herein shall be made in writing and executed in the same manner as this original document and shall after execution become a part of this Agreement. I � l � 1 ' I3 I ! f I ' 1 I I , { I t AGREEMENT Sec 00500 -5 1 1 I ' I IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first above Written. Western Municipal Construction,Inc. 5855 Elysian Road Billings,MT 59101 (CONY C OR) By (SEAL &) Jock Clause (ATT T) Title Keeidenr {athy Clause,Secretary (JOINT VENTURE) IBy (SEAL&) (ATTEST) Title I City of Bozeman I (OWNER) By 6(COY MANAGER) B OZ (SEAL&) O ��. • �1j� (ATTEST) ,�, i;S •li APPROVED AS TO FORM: AP o �9 ,�a3 •• � TIN co (CITY A R Y) I IAGREEMENT Sec 00506-6 WESTMUN-02 TAMARTIN A�ORO CERTIFICATE OF LIABILITY INSURANCE DATEMIDDfY 6/23/202202YYY) 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: HONE Billings Office (A//C,N ,Ext);(406)238-1900 jaAic,No):(406)245-9887 Paynewest Insurance,Inc. E-MAIL P.O.Box 30638 ADDRESS: Billings,MT 59107-0638 INSURERS AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company 10677 INSURED INSURER B:Montana State Fund 15819 Western Municipal Construction,Inc. INSURERC: 5855 Elysian Road INSURERD: Billings,MT 59101-6320 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFT POLICY EXP LIMITS LTR TYPE OF INSURANCE IN SD WVD POLICY NUMBER MMIDDIYYYY MMIDDMIYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 CLAIMS-MADE �OCCUR X X EPP0544191 7/12/2019 7/12/2020 DAMAGE PREMISES(Ea RENTED occurrence) $ 500,000 MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 PRO 3,000,000 POLICY❑JECT ❑LOC OTHER: A AUTOMOBILE LIABILITY Ea COMBINED SINGLE LIMIT 5 1,000,000 X ANY AUTO X X EPP0544191 7/12/2019 7/12/2020 BODILY INJURY Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPTY DAMAGE AUTOS ONLY AUTOS ONLY Per acciERdent $ 1 5 A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 7,000,000 EXCESS LIAB CLAIMS-MADE X EPP0544191 7/12/2019 7/12/2020 AGGREGATE $ BDED X RETENTION$ 0 Aggregate $ 7,000,000 I B WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER YIN 031327620 7/1/2019 7/1/2020 500,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIP` 500,000 I (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under 500,000 I DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Equipment Floater EPP0544191 7/12/2019 7/12/2020 Max Per Item 425,000 A Commerciallnstallat BINDER 2/19/2020 2/19/2021 Occurrence 860,877 - DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Hyalite View Subdivision-Sanitary Sewer Service Connection Improvement General Liability Primary and/or Non-Contributory Additional Insured and Waiver of Subrogation per form GA233MT Auto Liability Addiitonal Insured per form AA4171 Auto Liability Waiver of Subrogation per form AA4172 Auto Liability Primary and Non-Contributory perform AA4174 45-Day Notice of Cancellation City of Bozeman and Engineer included as Additional Insureds on General Liability,Auto Liability,and Umbrella CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bozeman ACCORDANCE WITH THE POLICY PROVISIONS. 121 North Rouse,Suite 200 Bozeman,MT 59715 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 6. Voluntary Property Damage (Coverage a.)and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance(Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles(Each Occurrence) I Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other b, Care, Custody $ or Control TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 y Deductible: $ 250 C. Coverages: 2) Our right and duty to 1. Employee Benefit Liability Coverage defend ends when p- jY g have used up the ap- I a. The following is added to SECTION I plicable limit of insur- - COVERAGES: Employee Benefit ance in the payment of Liability Coverage. judgments or settle- (1) Insuring Agreement ments. No other obligation or liabil- (a) We will pay those sums that ity to pay sums or perform the insured becomes legally acts or services is covered obligated to pay as dam- unless explicitly provided for ages caused by any act, er- under Supplementary Pay- ror or omission of the in- ments. + sured, or of any other per- I! son for whose acts the in- (b) This insurance applies to sured is legally liable, to damages only if the act, er- which this insurance ap- ror or omission, is negli- plies. We will have the right gently committed in the and duty to defend the in- 1.administration" of your sured against any "suit" "employee benefit pro- seeking those damages. gram";and However, we will have no 1) Occurs during the pol- duty to defend against any icy period;or "suit" seeking damages to which this insurance does 2) Occurred prior to the not apply. We may, at our effective date of this discretion, investigate any endorsement provided: report of an act, error or omission and settle any a) You did not have claim or "suit" that may re- knowledge of a sult. But: claim or "suit' on or before the ef- 1) The amount we will pay fective date of this for damages is limited endorsement. as described in SEC- TION III - LIMITS OF You will be INSURANCE; and deemed to have Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 2 of 16 knowledge of a Any claim based upon: claim or "suit" when any 1) Failure of any invest- "authorized repre- ment to perform; sentative"; 2) Errors in providing in- Reports all, or formation on past per- any part,of the formance of investment act, error or vehicles;or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision ii) Receives a to participate or not to written or ver- participate in any plan bal demand or included in the "em- claim for dam- ployee benefit pro- ages because gram". of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and b There is no other Any claim arising out of your failure to comply with applicable insur- the mandatory provisions of ance. any workers'compensation, (2) Exclusions unemployment compensa- tion insurance, social secu- This insurance does not apply rity or disability benefits law to: or any similar law. (a) Bodily Injury, Property (g) ERISA Damage or Personal and Advertising Injury Damages for which any in- sured is liable because of "Bodily injury", "property liability imposed on a fiduci- damage" or "personal and ary by the Employee Re- advertising injury", tirement Income Security Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or Damages arising out of any local laws. intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- cious act, error or omission, Any claim for benefits to the committed by any insured, extent that such benefits including the willful or reck- are available, with reason- less violation of any statute. able effort and cooperation of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- tract by any insurer. Taxes, fines or penalties, d Insufficiency of Funds including those imposed ( ) y under the Internal Revenue Damages arising out of an Code or any similar state or insufficiency of funds to local law. meet any obligations under (j) Employment-Related any plan included in the Practices employee benefit pro- gram". Any liability arising out of (e) Inadequacy of Perform- any: ance of Investment / Ad- (1) Refusal to employ; vice Given With Respect to Participation Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 3 of 16 (2) Termination of em- or limited liability company, ployment; you are an insured. Your "executive officers" and di- (3) Coercion, demotion, rectors are insureds, but evaluation, reassign- only with respect to their ment, discipline, defa- duties as your officers or di- mation, harassment, rectors. Your stockholders humiliation, discrimina- are also insureds, but only tion or other employ- with respect to their liability ment-related practices, as stockholders. acts or omissions;or 4 Consequential liability (e) A trust, you are an insured. ( ) q y Your trustees are also in- as a result of(1), (2) or sureds, but only with re- (3)above. spect to their duties as This exclusion applies trustees. whether the insured may be (2) Each of the following is also an held liable as an employer insured: or in any other capacity and to any obligation to share (a) Each of your "employees" damages with or repay who is or was authorized to someone else who must administer your "employee pay damages because of benefit program". the injury, (b) Any persons, organizations (3) Supplementary Payments or "employees" having SECTION I - COVERAGES, proper temporary authori- SUPPLEMENTARY PAY- nation to administer your MENTS - COVERAGES A AND '.employee benefit program" if you die, but only until your B also apply to this Coverage. legal representative is ap- b. Who is an Insured pointed. As respects Employee Benefit Liabil- (c) Your legal representative if I ity Coverage, SECTION II - WHO IS you die, but only with re- AN INSURED is deleted in its en- spect to duties as such. tirety and replaced by the following: That representative will have all your rights and du- (1) If you are designated in the ties under this Coverage Declarations as: Part. (a) An individual, you and your (3) Any organization you newly ac- spouse are insureds, but quire or form, other than a part- only with respect to the nership, joint venture or limited I conduct of a business of liability company, and over which you are the sole which you maintain ownership owner. or majority interest, will qualify as a Named Insured if no other (b) A partnership or joint ven- similar insurance applies to that ture, you are an insured. organization, However, cover- Your members, your part- age under this provision: ners, and their spouses are I also insureds but only with (a) Is afforded only until the respect to the conduct of 180th day after you acquire your business. or form the organization or the end of the policy period, (c) A limited liability company, whichever is earlier;and you are an insured. Your members are also insureds, (b) Does not apply to any act, but only with respect to the error or omission that was conduct of your business, committed before you ac- Your managers are in- quired or formed the or- J sureds, but only with re- ganization. spect to their duties as your managers. c. Limits of Insurance (d) An organization other than As respects E SECTION III BenefitLiabil- LIMITS a partnership, joint venture Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 4 of 16 OF INSURANCE is deleted in its en- (4) Deductible Amount tirety and replaced by the following: (a) Our obligation to pay dam- (1) The Limits of Insurance shown ages on behalf of the in- in Section B. Limits of Insur- sured applies only to the ance, 1. Employee Benefit Li- amount of damages in ex- ability Coverage and the rules cess of the deductible below fix the most we will pay amount stated in the Decla- regardless of the number of: rations as applicable to (a) Insureds; Each Employee. The limits of insurance shall not be (b) Claims made or "suits" the reduced ded by the amount of brought; (c) Persons or organizations (b) The deductible amount making claims or bringing stated in the Declarations "suits"; applies to all damages sustained by any one "em- (d) Acts,errors or omissions;or ployee", including such (e) Benefits included in your "employee's" dependentsand beneficiaries, because "employee benefit pro- of all acts, errors or omis- gram". sions to which this insur- (2) The Aggregate Limit shown in ance applies. Section B. Limits of Insurance, (c) The terms of this insurance, 1. Employee Benefit Liability including those with respect Coverage of this endorsement to: is the most we will pay for all damages because of acts, er- 1) Our right and duty to rors or omissions negligently defend the insured committed in the "administra- against any "suits" tion" of your "employee benefit seeking those dam- program". ages; and (3) Subject to the limit described in 2) Your duties, and the (2) above, the Each Employee duties of any other in- Limit shown in Section B. Limits volved insured, in the of Insurance, 1. Employee event of an act, error or Benefit Liability Coverage of omission,or claim, this endorsement is the most we will pay for all damages sus- apply irrespective of the tained by any one "employee", application of the deductible including damages sustained by amount. such "employee's" dependents (d) We may pay any part or all and beneficiaries,as a result of: of the deductible amount to (a) An act,error or omission;or effect settlement of any claim or "suit" and, upon (b) A series of related acts, er- notification of the action rors or omissions, regard- taken, you shall promptly less of the amount of time reimburse us for such part that lapses between such of the deductible amount as acts, errors or omissions, we have paid. negligently committed in the d. Additional Conditions "administration" of your "em- ployee benefit program". As respects Employee Benefit Li- ability Coverage, SECTION IV - However, the amount paid un- COMMERCIAL GENERAL LIABIL- der this endorsement shall not ITY CONDITIONS is amended as exceed, and will be subject to follows: the limits and restrictions that apply to the payment of benefits (1) Item 2. Duties in the Event of in any plan included in the "em- Occurrence, Offense, Claim or ployee benefit program". Suit is deleted in its entirety and replaced by the following: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 5 of 16 2. Duties in the Event of an any right against Act, Error or Omission, or any person or or- Claim or Suit ganization which a. You must see to it that may to the innss liableured be- we are notified as soon cause of an act, as practicable of an error or omission act, error or omission to which this in- which may result in a surance may also claim. To the extent apply. possible, notice should include: d. No insured will, except at that insured's own (1) What the act, error cost,voluntarily make a or omission was payment, assume any and when it oc- obligation, or incur any curred;and expense without our (2) The names and consent. addresses of any- (2) Item 5. Other Insurance is de- one who may leted in its entirety and replaced suffer damages as by the following: a result of the act, error or omission. 5. Other Insurance b. If a claim is made or If other valid and collectible "suit"is brought against insurance is available to the any insured,you must: insured for a loss we cover 1 Immediately rec- under this Coverage Part, ( ) Y our obligations are limited ord the specifics of as follows: the claim or "suit" and the date re- a. Primary Insurance ceived;and This insurance is pri- (2) Notify us as soon mary except when c. as practicable. below applies. If this in- surance is primary, our You must see to it that we receive written no- obligations are not tice of the claim or fected unless any of the other insurance is "suit" as soon as prac- also primary. Then, we ticable. will share with all that c. You and any other in- other insurance by the volved insured must: method described in b. below. (1) Immediately send us copies of any b. Method of Sharing demands, notices, If all of the other insur- summonses or le- ance permits contribu- gal papers re- tion by equal shares, ceived in connec- we will follow this tion with the claim method also. Under or"suit"; this approach each in- (2) Authorize us to surer contributes equal obtain records and amounts until it has other information; paid its applicable limit of insurance or none of (3) Cooperate with us the loss remains, in the investigation whichever comes first. or settlement of the claim or de- If any of the other in- fense against the surance does not per- "suit";and mit contribution by equal shares, we will (4) Assist us, upon contribute by limits. our request, in the Under this method, enforcement of each insurer's share is Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 6 of 16 based on the ratio of its 2. "Cafeteria plans" means applicable limit of in- plan authorized by applica- surance to the total ap- ble law to allow "employ- plicable limits of insur- ees" to elect to pay for cer- ance of all insurers. tain benefits with pre-tax c. No Coverage dollars. 3. "Employee benefit pro- This insurance shall not grams" means a program cover any loss for providing some or all of the which the insured i- following benefits to "em- entitled to recovery u ployees", whether provided ance in force previous der any other v through a "cafeteria plan"or previous to the effective date of otherwise: this Coverage Part. a. Group life insurance; e. Additional Definitions group accident orhealth insurance; den- As respects Employee Benefit Li- tal, vision and hearing ability Coverage, SECTION V - plans; and flexible DEFINITIONS is amended as fol- spending accounts; lows: provided that no one other than an "em- (1) The following definitions are ployee" may subscribe added: to such benefits and 1. "Administration"means: such benefits are madegenerally available to a. Providing information to those "employees"who "employees", including satisfy the plan's eligi- their dependents and bility requirements; beneficiaries, with re- b. Profit sharing plans, spect to eligibility for or employee savings scope of "employee plans, employee stock benefit programs"; ownership plans, pen- b. Interpreting the "em- sion plans and stock ployee benefit pro- subscription plans, grams"; provided that no one other than an "em- c. Handling records in ployee" may subscribe connection with the to such benefits and "employee benefit pro- such benefits are made grams";or generally available to all "employees" who d. Effecting, continuing or are eligible under the terminating any "em- plan for such benefits; ployee's" participation in any benefit included c. Unemployment insur- in the "employee bene- ance, social security fit program". benefits, workers' com- pensation and disability However, "administration" benefits;and does not include: d. Vacation plans, includ- a. Handling payroll de- ing buy and sell pro- ductions;or grams; leave of ab- b. The failure to effect or sence programs, in- maintain any insurance cluding military, mater- or adequate limits of nity, family, and civil coverage of insurance, leave; tuition assis- including but not limited tance plans; transpor- to unemployment in- tation and health club surance, social security subsidies. benefits, workers' com- (2) The following definitions are pensation and disability deleted in their entirety and re- benefits, placed by the following: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 7 of 16 21. "Suit' means a civil pro- A. BODILY INJURY AND PROP- ceeding in which money ERTY DAMAGE LIABILITY applies damages because of an to "property damage" arising out of act, error or omission to water damage to premises that are which this insurance applies both rented to and occupied by you. are alleged. "Suit'includes: (1) As respects Water Damage Le- a. An arbitration pro- gal Liability, as provided in ceeding in which such Paragraph 3.b.above: damages are claimed and to which the in- The exclusions under SECTION sured must submit or I - COVERAGES, COVERAGE does submit with our A. BODILY INJURY AND consent; PROPERTY DAMAGE LIABIL- ITY, 2. Exclusions, other than i. b. Any other alternative War and the Nuclear Energy dispute resolution pro- Liability Exclusion, are deleted ceeding in which such and the following are added: Y damages are claimed I and to which the in- This insurance does not apply sured submits with our to: consent; or (a) "Property damage": c. An appeal of a civil 1) Assumed in any con- proceeding, tract;or I 8. "Employee" means a per- 2) Loss caused by or re- son actively employed, for- sulting from any of the merly employed, on leave following: of absence or disabled, or retired. "Employee"includes a) Wear and tear; I a 'leased worker". "Em- ployee" does not include a b) Rust, corrosion, temporary worker". fungus, decay, deterioration, hid- 2. Unintentional Failure to Disclose Haz- den or latent Be- ards fect or any quality SECTION IV-COMMERCIAL GENERALin property that I LIABILITY CONDITIONS, 7. Re resen- causes dam- p age or destroy it- tations is hereby amended by the addi- self; tion of the following: Based on our dependence upon your c) Smog, I representations as to existing hazards, if d) Mechanical unintentionally you should fail to disclose breakdown in- all such hazards at the inception date of cluding rupture or your policy, we will not reject coverage bursting caused under this Coverage Part based solely on by centrifugal such failure. force; J 3. Damage to Premises Rented to You e) Settling, cracking, of Paragraph shrinking or ex- a. The last Subparagraph g p pansion;or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c.through do not apply secretions, , in- Exclusions a• pp y sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- b. The insurance provided under SEC- ing: TION I -COVERAGES, COVERAGE Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office,Inc.,with its permission. Page 8 of 16 1) Earthquake, volcanic 6. Subject to 5, above, the eruption, landslide or Damage to Premises any other earth move- Rented to You Limit is the ment; most we will pay under COVERAGE A. BODILY 2) Water that backs up or INJURY AND PROPERTY overflows from a DAMAGE LIABILITY, for sewer,drain or sump; damages because of 3) Water under the "property damage" to ground surface press- premises while rented to ing on, or flowing or you or temporarily occupied seeping through: by you with permission of the owner, arising out of a) Foundations, any one 'occurrence" to walls, floors or which this insurance ap- paved surfaces; plies. b) Basements, (3) The amount we will pay is lim- whether paved or ited as described in Section B. not;or Limits of Insurance, 3. Dam- age to Premises Rented to c) Doors,windows or You of this endorsement. other openings. (c) Loss caused by or resulting 4. Supplementary Payments from water that leaks or Under SECTION I - COVERAGE, SUP- flows from plumbing, heat- PLEMENTARY PAYMENTS - COVER- ing, air conditioning, or fire AGES A AND B: protection systems caused by or resulting from freez- a. Paragraph 2. is replaced by the fol- ing, unless: lowing: 1) You did your best to Up to the limit shown in Section B. maintain heat in the Limits of Insurance, 4.a. Bail Bonds building or structure;or of this endorsement for cost of bail bonds required because of accidents 2) You drained the or traffic law violations arising out of equipment and shut off the use of any vehicle to which the the water supply if the Bodily Injury Liability Coverage ap- heat was not main- plies. We do not have to furnish tained. these bonds. (d) Loss to or damage to: b. Paragraph 4, is replaced by the fol- 1) Plumbing, heating, air lowing: conditioning, fire pro- All reasonable expenses incurred by tection systems, or the insured at our request to assist other equipment or ap- us in the investigation or defense of pliances;or the claim or "suit', including actual loss of earnings up to the limit shown 2) The interior of any in Section B. Limits of Insurance, building or structure, or 4.b. Loss of Earnings of this en- to personal property in dorsement per day because of time the building or structure off from work. caused by or resulting from rain, snow, sleet 5. Medical Payments or ice, whether driven by wind or not. The Medical Expense Limit of Any One Person as stated in the Declarations is c. Limit of Insurance amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6, of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 9 of 16 I 6. Voluntary Property Damage and Care, stated in Section B. Limits of Custody or Control Liability Coverage Insurance, 6. Voluntary Prop- erty Damage and Care, Cus- a. Voluntary Property Damage Cov- tody or Control Liability Cov- erage erage of this endorsement. The We will pay for"property damage" to limits of insurance will not be re- property of others arising out of op- duced by the application of such erations incidental to the insured's deductible amount. I business when: (2) Condition 2.Duties in the Event (1) Damage is caused by the in- of Occurrence, Offense, Claim sured;or or Suit, applies to each claim or "suit"irrespective of the amount. I (2) Damage occurs while in the in- sured's possession. (3) We may pay any part or all of the deductible amount to effect With your consent, we will make settlement of any claim or "suit" I these payments regardless of fault. and, upon notification of the ac- tion taken, you shall promptly b. Care, Custody or Control Liability reimburse us for such part of the Coverage deductible amount as has been SECTION I - COVERAGES, COV- paid by us. ERAGE A. BODILY INJURY AND 7, 180 Day Coverage for Newly Formed or PROPERTY DAMAGE LIABILITY, 2. Acquired Organizations Exclusions,j. Damage to Property, Subparagraphs (3), (4) and (5) do SECTION 11 - WHO IS AN INSURED is not apply to "property damage" to amended as follows: the property of others described therein, Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- I With respect to the insurance provided by lowing: this section of the endorsement, the fol- lowing additional provisions apply: a. Insurance under this provision is af- forded only until the 180th day after a. The Limits of Insurance shown in the you acquire or form the organization Declarations are replaced by the lim- or the end of the policy period, its designated in Section B. Limits of whichever is earlier; Insurance, 6. Voluntary Property Damage and Care, Custody or 8. Waiver of Subrogation Control Liability Coverage of this SECTION IV- COMMERCIAL GENERAL endorsement with respect to cover- LIABILITY CONDITIONS, 9. Transfer of age provided by this endorsement. Rights of Recovery Against Others to These limits are inclusive of and not Us is hereby amended by the addition of I in addition to the limits being re- the following: placed. The Limits of Insurance shown in Section B. Limits of Insur- We waive any right of recovery we may ance, 6. Voluntary Property Dam- have because of payments we make for I age and Care, Custody or Control injury or damage arising out of your on- Liability Coverage of this endorse- going operations or"your work" done un- ment fix the most we will pay in any der a written contract requiring such one "occurrence" regardless of the waiver with that person or organization number of: and included in the "products-completed I 1 operations hazard". However, our rights ( ) Insureds; may only be waived prior to the "occur- (2) Claims made or "suits" brought; rence"giving rise to the injury or damage or for which we make payment under this I Coverage Part. The insured must do (3) Persons or organizations mak- nothing after a loss to impair our rights.At ing claims or bringing"suits". our request, the insured will bring "suit"or b. Deductible Clause transfer those rights to us and help us enforce those rights. (1) Our obligation to pay damages 9. Automatic Additional Insured - Speci- on your behalf applies only to fied Relationships the amount of damages for each "occurrence" which are in ex- a. The following is hereby added to cess of the deductible amount SECTION II-WHO IS AN INSURED: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office,Inc.,with its permission. Page 10 of 16 (1) Any person or organization de- demolition operations scribed in Paragraph 9.a.(2) performed by or on be- below (hereinafter referred to as half of such additional additional insured) whom you insured. are required to add as an addi- tional insured under this Cover- (b) Any person or organization age Part by reason of: from which you lease equipment with whom you (a) A written contract or have agreed per Paragraph agreement; or 9.a.(1) above to provide in- surance. Such person(s) or (b) An oral agreement or con- organization(s) are in- tract where a certificate of sureds, but only to the ex- insurance showing that per- tent that the liability for son or organization as an "bodilyinjury", additional insured has been damage" or "personal and issued, advertising injury"is caused is an insured, provided: by your negligence, acts or omissions in the mainte- (a) The written or oral contract nance, operation or use of or agreement is: equipment leased to you by 1 Current) in effect such person(s) or organiza- y or tions(s). However, this in- becomes effective surance does not apply to during the policy pe- any "occurrence" which riod;and takes place after the 2) Executed prior to an equipment lease expires. "occurrence" or offense (c) Any person or organization to which this insurance (referred to below as ven- would apply;and dor) with whom you have (b) They are not specifically agreed per Paragraph named as an additional in- 9.a.(1) above to provide in- sured under any other pro- surance, but only with re- vision of, or endorsement spect to "bodily injury" or added to, this Coverage "property damage" arising Part, out of"your products"which are distributed or sold in the (2) Only the following persons or regular course of the ven- organizations are additional in- dor's business, subject to sureds under this endorsement, the following additional ex- and insurance coverage pro- clusions: vided to such additional in- sureds is limited as provided ) The insurance afforded herein: the vendor does not apply to: (a) The manager or lessor of a a) "Bodily injury" or premises leased to you with "property lydamage" whom you have agreed per fr hic the ven- Paragraph 9.a.(1) above to dor is obligated v to provide insurance, but only with respect to liability aris- pay damages by ing out of the ownership, reason of the as- maintenance or use of that sumption of liabil- part of a premises leased to ity in a contract or you, subject to the following agreement. This additional exclusions: exclusion does not apply to liability for This insurance does not damages that the apply to: vendor would have in the ab- 1) Any "occurrence" sence of the con- which takes place after tract or agree- you cease to be a ten- ment; ant in that premises. 2) Structural alterations, new construction or Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 11 of 16 1 j b) Any express war- employees or Iranty unauthorized anyone else act- by you; ing on its behalf, I c) Any physical or 2) This insurance does chemical change not apply to any in- in the product sured person or or- made intentionally ganization: by the vendor; I a) From whom you d) Repackaging, ex- have acquired cept when un- such products, or packed solely for any ingredient, I the purpose of in- part or container, spection, demon- entering into, ac- stration, testing, or companying or the substitution of containing such parts under in- products; or structions from the manufacturer, and b) When liability in- then repackaged cluded within the in the original "products- container; completed opera- tions hazard" has e) Any failure to been excluded make such in- under this Cover- . spections, adjust- age Part with re- ments, tests or spect to such servicing as the products. vendor has agreed to make or (d) Any state or political subdi- 1 normally under- vision with which you have I takes to make in agreed per Paragraph the usual course 9.a.(1) above to provide in- of business, in surance, subject to the fol- I connection with lowing additional provision: the distribution or This insurance applies only sale of the prod- with respect to the following ucts; hazards for which the state f) Demonstration, in- or political subdivision has stallation, servic- issued a permit in connec- ing or repair op- tion with premises you own, erations, except rent or control and to which I such operations this insurance applies: performed at the 1) The existence, mainte- vendor's premises nance, repair, con- in connection with struction, erection, or I the sale of the removal of advertising product; signs, awnings, cano- g) Products which, pies, cellar entrances, after distribution or coal holes, driveways, I sale by you, have manholes, marquees, been labeled or hoist away openings, relabeled or used sidewalk vaults, street as a container, banners, or decora- I part or ingredient tions and similar expo- of any other thing sures;or or substance by or 2) The construction, erec- for the vendor; or tion, or removal of ele- Ih) "Bodily injury" or vators;or J "property damage" 3) The ownership, main- arising out of the tenance, or use of any negligence, acts elevators covered by I or omissions of this insurance. the vendor, its Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 12 of 16 (e) Any state or political subdi- formed for that additional vision with which you have insured by you or on your agreed per Paragraph behalf. A person or organi- 9.a.(1) above to provide in- zation's status as an in- surance, subject to the fol- sured under this provision lowing provisions: of this endorsement contin- 1) This insurance applies ues for only the period of only with respect to op- time required by the written erations performed by contract or agreement, but you or on your behalf in no event beyond the ex- for which the state or piration date of this Cover- age Part. If there is no writ- political subdivision has ten contract or agreement, issued a permit. or if no period of time is re- 2) This insurance does quired by the written con- not apply to "bodily in- tract or agreement, a per- jury", "property dam- son or organization's status age" or "personal and as an insured under this advertising injury" aris- endorsement ends when ing out of operations your operations for that in- performed for the state sured are completed. or political subdivision. 3 An insurance( ) y provided to an (f) For "your work" performed additional insured designated in Montana, any person or under Paragraph 9.a.(2): organization with which you (a) Subparagraphs (e), (f) and have agreed per Paragraph (g) do not apply to "bodily 9.a.(1) above to provide in- injury"or"property damage" surance, but only to the included within the "prod- extent that the liability is ucts-completed operations caused by "your work" per- hazard"; formed for that additional insured and only to the ex- (b) Subparagraphs (a), (d), (e) tent that such liability is and (g) do not apply to caused by your acts or "bodily injury", "property omissions or the acts or damage" or "personal and omissions of those acting advertising injury" arising on your behalf. A person or out of the sole negligence organization's status as an or willful misconduct of the insured under this provision additional insured or its of this endorsement contin- "employees";or ues for only the period of c Subparagraph and time required by the written ( ) (� (g) contract or agreement, but do not apply to "bodily in- in no event beyond the ex- jury", "property damage" or piration date of this Cover- "personal and advertising age Part. If there is no writ- injury"arising out of: ten contract or agreement, 1) The rendering of, or or if no period of time is re- failure to render, any quired by the written con- professional services tract or agreement, a per- by you or on your be- son or organization's status half, but only with ye- as an insured under this spect to either or both endorsement ends when of the following opera- your operations for that in- tions: sured are completed. (g) For "your work" performed a) Providing engi- in the "coverage territory" neering surveying but not in Montana, any tural or services others; person or organization with and which you have agreed per Paragraph 9.a.(1) above to b) Providing, or hiring provide insurance, but only independent pro- with respect to liability aris- fessionals to pro- ing out of "your work" per- vide, engineering, Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 13 of 16 architectural or this Coverage Part. The limits of in- surveying services surance are inclusive of and not in in connection with addition to the limits of insurance construction work shown in the Declarations. you perform. c. SECTION IV- COMMERCIAL GEN- 2) Subject to Paragraph ERAL LIABILITY CONDITIONS is 3) below, professional hereby amended as follows: services include: (1) Condition 5. Other Insurance is a) Preparing, ap- amended to include: proving, or failing to prepare or ap- (a) Where required by a written j prove, maps, shop contract or agreement, this I drawings, opin- insurance is primary and / ions, reports, sur- or noncontributory as re- veys, field orders, spects any other insurance change orders, or policy issued to the addi- idrawings and tional insured, and such I specifications;and other insurance policy shall be excess and /or noncon- b) Supervisory or in- tributing, whichever applies, —� spection activities with this insurance. performed as part of any related ar- (b) Any insurance provided by chitectural or en- this endorsement shall be gineering activi- primary to other insurance ties. available to the additional insured except: 3) Professional services do not include services 1) As otherwise provided l within construction in SECTION IV - I means, methods, tech- COMMERCIAL GEN- niques, sequences and ERAL LIABILITY procedures employed CONDITIONS, 5.Other I by you in connection Insurance, b. Excess with construction work Insurance; or you perform. 2) For any other valid and (d) Subparagraphs (f) and (g) collectible insurance I do not apply to "bodily in- available to the addi- jury" or "property damage" tional insured as an arising out of"your work"for additional insured by which a consolidated (wrap- attachment of an en- up) insurance program has dorsement to another l been provided by the prime insurance policy that is contractor / project man- written on an excess ager or owner of the con- basis. In such case, the I struction project in which coverage provided un- you are involved. der this endorsement shall also be excess. b. Only with regard to insurance pro- vided to an additional insured desig- nated under Paragraph 9.a.(2) Sub- Specific Written Contract or paragraphs (f) and (g) above, SEC- Agreement is hereby added: TION III- LIMITS OF INSURANCE is 11. Conformance to Specific amended to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the a. With respect to addi- written contract or agreement or in tional insureds de- the Declarations of this Coverage scribed in Paragraph Part, whichever are less. If no limits 9.a.(2)(f)above only: are specified in the written contract or agreement, or if there is no written If a written contract or contract or agreement, the limits ap- agreement between plicable to the additional insured are you and the additional those specified in the Declarations of insured specifies that Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 14 of 16 _I coverage for the addi- and where the limits or tional insured: coverage provided to the additional insured is (1) Be provided by the more restrictive than Insurance Serv- was specifically re- ices Office addi- quired in that written tional insured form contract or agreement, number CG 32 87, the terms of Para- CG 21 78 or CG graphs 9.a.(3)(a), 32 90;or 9.a.(3)(b) or 9.b. (2) Include coverage above, or any combi- for completed op- nation thereof, shall be erations;or interpreted as providing the limits or coverage (3) Include coverage required by the terms for"your work'; of the written contract and where the limits or or agreement, but only to the extent that such coverage provided to limits or coverage is in- the additional insured is cluded within the terms more restrictive than of the Coverage Part to was specifically re- which this endorse- quired in that written ment is attached. If, contract or agreement, however, the written the terms of Para- contract or agreement graphs 9.a.(3)(a) or specifies the Insurance 9.b. above, or any Services Office addi- combination thereof, tional insured form shall be interpreted as number CG 20 10 but providing the limits or does not specify which coverage required by edition, or specifies an the terms of the written edition that does not contract or agreement, exist, Paragraphs but only to the extent 9.a.3.b. and 9.b. of this that such limits or cov- endorsement shall not erage is included within apply and Paragraph the terms of the Cover- 9.a.(3)(a) of this en- age Part to which this dorsement shall apply. endorsement is at- tached. 10. Broadened Contractual Liability-Work b. With respect to addi- Within 50'of Railroad Property tional insureds de- It is hereby agreed that Paragraph f.(1) of scribed in Paragraph Definition 12. "Insured contract" (SEC- 9.a.(2)(g)above only: TION V-DEFINITIONS)is deleted. If a written contract or 11. Property Damage to Borrowed Equip- agreement between ment you and the additional insured specifies that a. The following is hereby added to Ex- coverage for the addi- clusion j. Damage to Property of tional insured: Paragraph 2., Exclusions of SEC- TION I- COVERAGES, COVERAGE a. Be provided by the A. BODILY INJURY AND PROP- Insurance Serv- ERTY DAMAGE LIABILITY: ices Office addi- tional insured form Paragraphs (3) and (4) of this exclu- number CG 20 10 sion do not apply to tools or equip- or CG 20 37 ment loaned to you, provided they (where edition are not being used to perform opera- specified);or tions at the time of loss. b. Include coverage b. With respect to the insurance pro- for completed op- vided by this section of the en- erations;or dorsement, the following additional provisions apply: c. Include coverage for"your work'; Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 15 of 16 (1) The Limits of insurance shown reimburse us for such part in the Declarations are replaced of the deductible amount as by the limits designated in Sec- has been paid by us. tion B. Limits of Insurance, 11. of this endorsement with respect 12. Employees as Insureds - Specified to coverage provided by this Health Care Services endorsement. These limits are It is hereby agreed that Paragraph inclusive of and not in addition to 2.a.(1)(d) of SECTION II - WHO IS AN the limits being replaced. The INSURED, does not apply to your "em- Limits of Insurance shown in ployees" who provide professional health Section B. Limits of Insurance, care services on your behalf as duly li- 11. of this endorsement fix the censed: most we will pay in any one "oc- currence" regardless of the a. Nurses; number of: b. Emergency Medical Technicians;or (a) Insureds; c. Paramedics, y (b) Claims made or "suits" I brought;or in the jurisdiction where an "occurrence" or offense to which this insurance applies (c) Persons or organizations takes place. I making claims or bring "suits". 13. Broadened Notice of Occurrence (2) Deductible Clause Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, I (a) Our obligation to pay dam- Claim or Suit (SECTION IV- COMMER- ages on your behalf applies CIAL GENERAL LIABILITY CONDI- only to the amount of dam- TIONS) is hereby deleted and replaced ages for each "occurrence" by the following: which are in excess of the Deductible amount stated in a. You must see to it that we are noti- Section B. Limits of Insur- fied as soon as practicable of an ance, 11. of this endorse- "occurrence" or an offense which ment. The limits of insur- may result in a claim. To the extent ance will not be reduced by possible, notice should include: the application of such De- (1) How, when and where the "oc- ductible amount. currence"or offense took place; I (b) Condition 2. Duties in the (2) The names and addresses of Event of Occurrence, Of- any injured persons and wit- fense, Claim or Suit, ap- nesses; and plies to each claim or "suit" I irrespective of the amount. (3) The nature and location of any ( injury or damage arising out of c) We may pay any part or all the"occurrence"or o of the deductible amount to offense. effect settlement of any This requirement applies only when claim or "suit" and, upon the"occurrence" or offense is known notification of the action to an "authorized representative". taken, you shall promptly Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 16 of 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 07-12-2018 CPA 088 26 63 Named Insured: WESTERN MUNICIPAL CONSTRUCTION Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation of payments we make for "bodily injury" or SECTION IV - BUSINESS AUTO CONDI- "property damage"arising out of the operation TIONS, A. Loss Conditions, 5. Transfer of of a covered "auto" when you have assumed liability for such "bodily injury" or "property Rights of Recovery Against Others to Us is damage" under an "insured contract', pro- amended by the addition of the following: vided the "bodily injury" or "property damage" We waive any right of recovery we may have occurs subsequent to the execution of the"in- against any person or organization.because sured contract'. AA 4172 09 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: Named Insured: Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless Imodified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid I written contract has been executed prior to the J "bodily injury"or"property damage". I 1 l l I IAA 4171 11 05 l THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 07-12-2018 CPA 088 26 63 Named Insured.- WESTERN MUNICIPAL CONSTRUCTION Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance is replaced by the following: c. Regardless of the provisions of Para- graph a. above, this Coverage Form's Li- ability Coverage is primary and we will not seek contribution from any other in- surance for any liability assumed under an "insured contract'that requires liability to be assumed on a primary noncon- tributory basis. AA 4174 11105 SIDNEY CIRCLE SEWER IMPROVEMENTS DIVISION 00—PROCUREMENT AND CONTRACTING DRY-REDWATER REGIONAL WATER AUTHORITY REQUIREMENTS PROJECT No.S19-00-072 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS that any or all judicial proceedings of any kind or character that may be filed with respect to the Contract Documents, the Bonds (bid security, performance, and/or payment), the Contract, or the Project, whether brought by Owner, Contractor, or another party, and whether parties other than Owner and Contractor are joined, shall be filed, maintained in, and/or removed to the (Seventh Judicial District Court of Richland County, Montana) which is hereby designated to be the Court having exclusive jurisdiction and venue over all such proceedings. The party causing any such proceeding to be filed in the wrong court or venue shall be responsible for paying the cost of its removal and transfer, including attorney fees that may be incurred by the moving party,to the said proper court having jurisdiction and venue. (SID_MOD) Add the following Supplementary Condition: SC-18.11 Guarantee 18.11.A The Contractor shall guarantee all materials and equipment furnished and all Work performed for a period of one (1) year from the date of Substantial Completion. The Contractor warrants and guarantees for a period of one(1)year from the date of Substantial Completion by the Owner that the completed Work, including but not limited to all equipment and materials furnished, is free from all defects due to faulty materials or workmanship or any other reason. Contractor shall make any and all necessary corrections in accordance with Article 14 of the General Conditions.The performance bond shall remain in full force and effect as long as is necessary to cover any and all such guarantee or warranty periods. (SID_OFF) Add the following Supplementary Condition: SC-18.12 Hiring on Basis of Merit 18.12.A All hiring in regards to this project,whether by Contractor, Subcontractor, or any other person employing personnel with respect to the Work hereunder, shall be on the basis of merit and qualifications without discrimination on the basis of race, color religion, creed, political ideas, sex, age, marital status, physical or mental disability or national origin. (SID_OFF) PART 2 PRODUCTS (NOT USED) IPART 3 EXECUTION (NOT USED) I I I I I l lEND OF SECTION 6/3/2020-ADVERTISED I00 73 00-11 PERTORIMANCE BOND Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Nance, and Address of PtIncipal Place of Business): Western Municipal Construction, Inc. Fidelity and Deposit Company of Maryland 5855 Elysian Road 1299 Zurich Way, 5th Floor Billings, MT 59101-6320 Schaumburg, IL 60196-1056 OWNER(Name and Address): City of Bozeman 121 N Rouse, Suite 200, PO Box 1230 Bozeman, MT 59771-1230 CONTRACT J Effective Date of Agreement: Amount: $860,877.00 Eight Hundred Sixty Thousand Eight Hundred Seventy Seven Dollars and 00/100 Description(Name and Location): New Hyalite View Subdivision-Sanitary Sewer Service Connection Improvements, Schedules 1, 2 and 3, Bozeman, Montana BOND Bond Number: 9347454 Date(Not earlier than Effective Date of Agreement): Amount: $860,877.00 Eight Hundred Sixty Thousand Eight Hundred Seventy Seven Dollars and 001100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY of .� vePose Western Municipal Construction Inc. (Seal) Fidelity and Deposit Company of Maalvla Contractor's Name and Corporate Seal Surety's Name and Corporate Seal _ ! a Sig nature Signature(Attach Power of Atio. (fir L/ (1 Naomi Gerber Print Name Print Name Attorney-in-Fact \TitlQ e Attest: Attest: Signature �` y C,�Ctll� Signature Allan Hultgren 1 _ stec,(PA-ft Witness J Title Title Note: Provide execution by additional parties,such as joint venturers, if necessary. IEJCDC C-610 performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 1 of Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1. 2. If there is no Owner Default, Surety's obligation under this Bond shall arise after: 2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right,if any,subsequently to declare a Contractor Default; and 2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and 2.3 Owner has agreed to pay the Balance of the Contract Price to: 1. Surety in accordance with the terms of the Contract; or 2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract. 3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions: 3.1 Arrange for Contractor,with consent of Owner,to perform and complete the Contract;or 3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default;or 3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined,tender payment therefor to Owner; or 2. Deny liability in whole or in part and notify Owner citing reasons therefor. 4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner. 5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those lof Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated I without duplication for; EJCDC C-610 Performance Bond Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract; 5.2 Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and 5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor. 6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts,purchase orders, and other obligations. 8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 9. Notice to Surety,Owner, or Contractor shall be mailed or delivered to the address shown on the.signature page. 10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 11. Definitions. 11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract. 11.2 Contract: The agreement between Owner and Contractor identified on the signature page, I including all Contract Documents and changes thereto. 11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived,to perform or otherwise to comply with the terms of the Contract. I 11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address and Telephone) Surety Agency or Broker: Owner's Representative(Engineer or other ar • PayneWest Insurance, Inc. 3289 Gabel Road, Billings, MT 59102 lEJCDC C-610 Performance Bond Prepared by the Engineers Jolnt Contract Documents Commlttce. Page of PAYMENT BOND Any singular reference to Contractor, Surety,Owner, or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Nmne, and Address of Principal Place of Western Municipal Construction, Inc. Business): 5855 Elysian Road Fidelity and Deposit Company of Maryland Billings, MT 59101-6320 O 1299 Zurich Way, 5th Floor OWNER(Name and Address): Schaumburg, IL 60196-1056 City of Bozeman 121 N Rouse, Suite 200, PO Box 1230 Bozeman, MT 59771-1230 CONTRACT Effective Date of Agreement: �����-`� Amount: $860,877.00 Eight Hundred Sixty Thousand Eight Hundred Seventy Seven Dollars and 00/100 Description(Name and Location): New Hyalite View Subdivision - Sanitary Sewer Service Connection Improvements, Schedules 1, 2 and 3, Bozeman, Montana BOND Bond Number: 9347454 Date(Not earlier than Effective Date of Agreement): Amount: $860,877.00 Eight Hundred Sixty Thousand Eight Hundred Seventy Seven Dollars and 00/100 Modifications to this Bond Form: None Surety and Contractor, intending to be legally bound hereby,subject to the terms set forth below,do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative. CONTRACTOR AS PRINCIPAL SURETY io DEP Western Municipal Construction, Inc. (Seal) Fidelity and Deposit Company of Milan Contractor's Name and Corporate Seal Surety's Name and Corporate S::al, *� o ~ t By: eABy: Signa Signature(Attach Power. of,<1tto1- T(1cv- C� Naomi Gerber Print Name Print Name Qr-PS1 At Attorney-in-Fact %Sign ,� kQ�Rq eAttest: Attest: C G_,t1,S-ems Signature Allan Hultgre Witness Title Title Note: Provide execution by additional parties, such as joint venturers, if necessary. tMW001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Pagel of3 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract,which is incorporated herein by reference. 2. With respect to Owner,this obligation shall be null and void if Contractor: 2.1 Promptly makes payment,directly or indirectly, for all sums due Claimants,and 2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default, 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly,for all sums due, 4. Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and,with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with Contractor: 1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed;and 2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice Rimished to Contractor. 5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety,that is sufficient compliance. 6. Reserved. 7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety. 8. ,Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. {A4w001504;1) EJCDC C-615(A)Payment Bond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page 2 of 3 I 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related subcontracts,purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly famish a copy of this Bond or shall permit a copy to be made. 15. Definitions 15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor,materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished. 15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof. FOR INFORMATION ONLY—(Name,Address, and Telephone) Surety Agency or Broker: Owner's Representative(Engineer or other): PayneWest Insurance, Inc. 3289 Gabel Road Billings, MT 59102 {i14\Y001504;1) EJCDC C-615(A)Payment fond March 2008 Prepared by the Engineers Joint Contract Documents Committee. Page of Bond Number 9347454 Obligee City of Bozeman ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute, and appoint Naomi Gerber — its true and lawful agent and Attorney-in-Fact,to make, execute, seal and deliver,for,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 19th day of June,A.D.2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND oaoeBy: Robert D.Murray Vice President It/0,, tt� � �J f3 o n3 ��aGlhL '_r.� rase fij By: Dawn E.Brown Secretary State of Maryland County of Baltimore On this 19th day of June, A.D.2019, before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,Robert D. Murray,Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ` Constance A.Dunn,Notary Public My Commission Expires:July 9,2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V,Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the loth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President,Secretary,or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of �o etiof� ,��►ui� SEAL e � � 0 ti4 A�� Brian M.Hodges,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg,IL 60196-1056 www.reportsfelaimsazurichna.com 800-626-4577 i l -1 DIVISION 0-BIDDING& CONTRACT REQUIREMENTS SECTION 00920-PREVAILING WAGES PREVAILING WAGE RATES 00920-1 MONTANA PREVAILING WAGE RATES FOR HEAVY CONSTRUCTION SERVICES 2020 Effective: January 2, 2020 Steve Bullock, Governor State of Montana Galen Hollenbaugh, Commissioner Department of Labor and Industry To obtain copies of prevailing wage rate schedules, or for information relating to public works projects and payment of prevailing wage rates, visit ERD at www.mtwa.gehourbopa.com or contact: Employment Relations Division Montana Department of Labor and Industry P. O. Box 201503 Helena, MT 59620-1503 Phone 406-444-6543 The department welcomes questions, comments, and suggestions from the public. In addition,we'll do our best to provide information in an accessible format, upon request, in compliance with the Americans with Disabilities Act. MONTANA PREVAILING WAGE REQUIREMENTS The Commissioner of the Department of Labor and Industry, in accordance with Sections 18-2-401 and 18-2-402 of the Montana Code Annotated (MCA), has determined the standard prevailing rate of wages for the occupations listed in this publication. The wages specified herein control the prevailing rate of wages for the purposes of Section 18-2-401, et seq., MCA. It is required each employer pay (as a minimum) the rate of wages, including fringe benefits, travel allowance, zone pay and per diem applicable to the district in which the work is being performed as provided in the attached wage determinations. All Montana Prevailing Wage Rates are available on the internet at www.mtwagehourbopa.com or by contacting the department at(406)444-6543. In addition, this publication provides general information concerning compliance with Montana's Prevailing Wage Law and the payment of prevailing wages. For detailed compliance information relating to public works contracts and payment of prevailing wage rates, please consult the regulations on the internet at www.mtwagehourbopa.com or contact the department at (406)444-6543. GALEN HOLLENBAUGH Commissioner Department of Labor and Industry State of Montana TABLE OF CONTENTS MONTANA PREVAILING WAGE REQUIREMENTS: A. Date of Publication ............................................................................................................................... 3 B. Definition of Heavy Construction ................................................................................................................ 3 C. Definition of Public Works Contract .......................................................................................................... 3 D. Prevailing Wage Schedule ..................................................................................................................... 3 E. Rates to Use for Projects ........................................................................................................................ 3 F. Wage Rate Adjustments for Multiyear Contracts .......................................................................................... 3 G. Fringe Benefits ..................................................................................................................................... 4 H. Dispatch City ........................................................................................................................................ 4 I. Zone Pay ............................................................................................................................................ 4 J. Computing Travel Benefits ..................................................................................................................... 4 K. Per Diem ............................................................................................................................................ 4 L. Apprentices ......................................................................................................................................... 4 M. Posting Notice of Prevailing Wages .......................................................................................................... 5 N. Employment Preference ......................................................................................................................... 5 O. Projects of a Mixed Nature ............................................................................................................................................ 5 P. Occupations Definitions Website .................................................................................................................................... 5 Q. Welder Rates ..................................................................................................................................... 5 R. Foreman Rates .................................................................................................................................. 5 WAGE RATES: PBOILERMAKERS ......................................................................................................................................... 6 BRICK, BLOCK,AND STONE MASONS ........................................................................................................... 6 CARPENTERS ............................................................................................................................................ 6 CEMENT MASONS AND CONCRETE FINISHERS ............................................................................................ 7 CONSTRUCTION EQUIPMENT OPERATORS OPERATORSGROUP 1 ............................................................................................................................. 7 OPERATORSGROUP 3 ............................................................................................................................ 7 OPERATORS GROUP 3 OPERATORS GROUP 4 ......................................... 8 OPERATORSGROUP 5 ............................................................................................................................ 8 OPERATORSGROUP 6 ............................................................................................................................ 8 OPERATORSGROUP 7 ............................................................................................................................ 9 CONSTRUCTION LABORERS LABORERSGROUP 1 ............................................................................................................................ 9 LABORERSGROUP 2 ............................................................................................................................ 0 LABORERS GROUP 3 0 LABORERS GROUP 4 ......................................... 10 DIVERS .................................................................................................................................................... 10 IDIVER TENDERS ........................................................................................................................................ 11 ELECTRICIANS ............................................................................................................................................................ 11 DRYWALLAPPLICATORS ............................................................................................................................... 11 HEATINGAND AIR CONDITIONING ...................................................................................................................................... 11 INSULATION WORKERS- MECHANICAL(HEAT AND FROST) .......•....•........................... •..... ..... . ,.......•.. ......: 12 IRONWORKERS-STRUCTURAL STEEL AND REBAR PLACERS 12 LINE CONSTRUCTION EQUIPMENTOPERATORS .......................................................................................................................... 12 GROUNDMAN ........................................................................................................................................... 12 LINEMAN .................................................................................................................................................. 13 MILLWRIGHTS ............................................................................................................................................ 13 PAINTERS ............................................................................................................................................................ 13 PILEBUCKS ............................................................................................................................................... 13 PLUMBERS, PIPEFITTERS,AND STEAMFITTERS ............................................................................................ 14 SHEETMETAL WORKERS ........................................................................................................................... 14 SOLARPHOTVOLTAIC INSTALLERS ................................................................................................................................ 14 jTRUCK DRIVERS .................................................................................................................................................................. 15 2 A.Date of Publication January 2,2020 B. Definition of Heavy Construction The Administrative Rules of Montana(ARM),24.17.501(4)—(4)(a),states "Heavy construction projects include, but are not limited to, those projects that are not properly classified as either `building construction', or `highway construction.' Heavy construction projects include, but are not limited to, antenna towers, bridges (major bridges designedfor commercial navigation), breakwaters, caissons (other than building or highway), canals, channels, channel cut-offs, chemical complexes or facilities (other than buildings), cofferdams, coke ovens, dams, demolition (not incidental to construction), dikes, docks, drainage projects, dredging projects, electrification projects(outdoor),fish hatcheries,flood control projects, industrial incinerators (other than building), irrigation projects,jetties, kilns, land drainage (not incidental to other construction), land leveling(not incidental to other construction), land reclamation, levees, locks and waterways, oil refineries (other than buildings),pipe lines,ponds,pumping stations(prefabricated drop-in units—not buildings), railroad construction, reservoirs, revetments, sewage collection and disposal lines, sewers (sanitary, storm, etc), shoreline maintenance, ski tows, storage tanks, swimmingpools(outdoor), subways(other than buildings), tipples, tunnels, unsheltered piers and wharves, viaducts (other than highway), water mains, waterway construction, water supply lines (not incidental to building), water and sewage treatment plants (other than buildings)and wells." C.Definition of Public Works Contract Section 18-2-401(1 1)(a),MCA defines"public works contract"as "...a contractfor construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of$25,000...". D. Prevailing Wage Schedule This publication covers only Heavy Construction occupations and rates in the specific localities mentioned herein.These rates will remain in effect until superseded by a more current publication. Current prevailing wage rate schedules for Building Construction,Highway Construction and Nonconstruction Services occupations can be found on the internet at www.mtwaaehourbopa.com or by contacting the department at(406)444-6543. E.Rates to Use for Projects ARM,24.17.127(1)(c),states "The wage rates applicable to a particular public works project are those in effect at the time the bid specifications are advertised." F.Wage Rate Adjustments for Multiyear Contracts Section 18-2-417,MCA states: "(1)Any public works contract that by the terms of the original contract calls for more than 30 months tofullyperform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract. (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3%increase. The adjustment must be made and applied every 12 months for the term of the contract. (3)Any increase in the standard rate ofprevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency. " 3 G. Fringe Benefits Section 18-2-412,MCA states: 'V) To fulfill the obligation...a contractor or subcontractor may: p (a)pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages f directly to the worker or employee in cash; 9 (b)make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund,plan, or program that +� meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved I by the U. S. department of labor; or (c)make payments using any combination of methods set forth in subsections (1)(a) and(1)(b)so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed. I (2) The fi°inge benefitfund,plan, orprogram described in subsection (1)(b)mustprovide benefits to workers or employees for health care,pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U. S. 1 department of labor." I Fringe benefits are paid for all hours worked(straight time and overtime hours). However,fringe benefits are not to be } considered a part of the hourly rate of pay for calculating overtime,unless there is a collectively bargained agreement in effect that specifies otherwise. H.Dispatch City ARM,24.17.103(11),defines dispatch city as "...the courthouse in the city from the following list which is closest to the center of the job:Billings, Bozeman, Butte, Great Falls,Helena, Kalispell, and Missoula." I. Zone Pay Zone pay is not travel pay. ARM,24.17.103(24),defines zone pay as "...an amount added to the base pay;the combined sum then becomes the new base wage rate to be paid for all hours worked on the project.Zone pay must be determined by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the job." See section H above for a list of dispatch cities. J. Computing Travel Benefits ARM,24.17.103(22),states " `Travel pay,'also referred to as `travel allowance,'is and must be paid for travel both to and l from the job site, except those with special provisions listed tinder the classification. The rate is determined by measuring the road miles one direction over the shortestpractical maintained route from the dispatch city or the employee's home, whichever Iis closer, to the center of the job." See section H above for a list of dispatch cities. K.Per Diem ARM,24.17.103(18),states " Per dietn'typically covers costs associated with board and lodging expenses. Per diem is paid when an employee is required to work at a location outside the daily commuting distance and is required to stay at that location overnight or longer." L.Apprentices Wage rates for apprentices registered in approved federal or state apprenticeship programs are contained in those programs. Additionally, Section 18-2-416(2),MCA states, `...The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract." Apprentices not registered in approved federal or state apprenticeship programs will be paid the appropriate journey level prevailing wage rate when working on a public works contract. 4 M.Posting Notice of Prevailing Wages Section 18-2-406,MCA,provides that contractors,subcontractors,and employers who are "...performing work or providing construction services under public works contracts, as provided in this part, shall post in a prominent and accessible site on the project or staging area, not later than the first day of work and continuing for the entire duration of the project, a legible statement of all wages and fringe benefits to be paid to the employees." N. Employment Preference Sections 18-2-403 and 18-2-409,MCA require contractors to give preference to the employment of bona fide Montana residents in the performance of work on public works contracts. O.Projects of a Mixed Nature Section 18-2-408,MCA states: "(1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project. (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification" P. Occupations Definitions You can find definitions for these occupations on the following Bureau of Labor Statistics website: http://www.bis.gov/oes/cuiTent/oes stru htm Q.Welder Rates Welders receive the rate prescribed for the craft performing an operation to which welding is incidental. R. Foreman Rates Rates are no longer set for foremen. However,if a foreman performs journey level work,the foreman must be paid at least the journey level rate. 5 WAGE RATES BOILERMAKERS Wage Benefit Travel• $33.17 $30.88 All Districts 0-120 mi. free zone Duties Include: >120 mi. federal mileage rate/mi. Construct, assemble, maintain, and repair stationary steam boilers, boiler house auxiliaries, process vessels, Special Provision: pressure vessels and penstocks. Bulk storage tanks Travel is paid only at the beginning and end of the job. and bolted steel tanks. Per Diem: All Districts 0-70 mi. free zone >70-120 mi. $65.00/day >120 mi. $80.00/day t Back to Table of Contents BRICK, BLOCK, AND STONE MASONS Wage Benefit Travel: $33.68 $14.89 0-20 mi. free zone >20-35 mi. $30.00/day >35-55 mi. $35.00/day >55 mi. $65.00/day j Back to Table of Contents CARPENTERS Wage Benefit Zone Pay: $31.00 $13.57 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+ $6.00/hr. T Back to Table of Contents 6 CEMENT MASONS AND CONCRETE FINISHERS Wage Benefit Zone Pay: $22.85 $12.64 0-30 mi. free zone >30-60 mi. base pay+$2.95/hr. Duties Include: >60 mi. base pay+$4.75/hr. Smooth and finish surfaces of poured concrete, such as floors, walks, sidewalks, or curbs. Align forms for sidewalks, curbs, or gutters. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 1 Wage Benefit Zone Pay: $27.91 $13.55 0-30 mi. free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Air Compressor; Auto Fine Grader; Belt Finishing; Boring Machine (Small); Cement Silo; Crane, A-Frame Truck Crane; Crusher Conveyor; DW-10, 15, and 20 Tractor Roller; Farm Tractor; Forklift; Form Grader; Front-End Loader, under 1 cu. yd; Oiler, Heavy Duty Drills; Herman Nelson Heater; Mucking Machine; Oiler, All Except Cranes/Shovels; Pumpman. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 2 Wage Benefit Zone Pay: $28.70 $13.55 0-30 mi. free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Air Doctor; Backhoe\Excavator\Shovel, up to and incl. 3 cu. yds; Bit Grinder; Bitunimous Paving Travel Plant; Boring Machine, Large; Broom, Self-Propelled; Concrete Travel Batcher; Concrete Float& Spreader; Concrete Bucket Dispatcher; Concrete Finish Machine; Concrete Conveyor; Distributor; Dozer, Rubber-Tired, Push, & Side Boom; Elevating Grader\Gradall; Field Equipment Serviceman; Front-End Loader, 1 cu. yd up to and incl. 5 cu. yds; Grade Setter; Heavy Duty Drills, All Types; Hoist\Tugger, All; Hydralift Forklifts & Similar; Industrial Locomotive; Motor Patrol (except finish); Mountain Skidder; Oiler, Cranes\Shovels; Pavement Breaker, EMSCO; Power Saw, Self-Propelled; Pugmill; Pumperete\Grout Machine; Punch Truck; Roller, other than Asphalt; Roller, Sheepsfoot(Self-Propelled); Roller, 25 tons and over; Ross Carrier; Rotomill, under 6 ft; Trenching Machine; Washing/Screening Plant T Back to Table of Contents 7 CONSTRUCTION EQUIPMENT OPERATORS GROUP 3 Wage Benefit Zone Pay: $29.45 $13.55 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Asphalt Paving Machine; Asphalt Screed; Backhoe\Excavator\Shovel, over 3 cu. yds; Cableway Highline; Concrete Batch Plant; Concrete Curing Machine; Concrete Pump; Cranes, Creter; Cranes, Electric Overhead; Cranes, 24 tons and under; Curb Machine\Slip Form Paver; Finish Dozer; Front-End Loader, over 5 cu. yds; Mechanic\Welder; Pioneer Dozer; Roller Asphalt(Breakdown & Finish); Rotomill, over 6 ft; Scraper, Single, Twin, or Pulling Belly-Dump; YO-YO Cat. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 4 Wage Benefit Zone Pay: $30.45 $13.55 0-30 mi. free zone >30-60 mi. base pay +$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Asphalt\Hot Plant Operator; Cranes, 25 tons up to and incl. 44 tons; Crusher Operator; Finish Motor Patrol; Finish Scraper. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 5 Wage Benefit Zone Pay: $31.45 $13.55 0-30 mi. free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 45 tons up to and incl. 74 tons. T Back to Table of Contents CONSTRUCTION EQUIPMENT OPERATORS GROUP 6 Wage Benefit Zone Pay: $32.45 $13.55 0-30 mi. free zone >30-60 mi. base pay+ $3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 75 tons up to and incl. 149 tons; Cranes, Whirley(All). T Back to Table of Contents 8 CONSTRUCTION EQUIPMENT OPERATORS GROUP 7 Wage Benefit Zone Pay: $33.45 $13.55 0-30 mi. free zone >30-60 mi. base pay+$3.50/hr. This group includes but is not limited to: >60 mi. base pay+$5.50/hr. Cranes, 150 tons up to and incl. 250 tons; Cranes, over 250 tons—add $1.00 for every 100 tons over 250 tons; Crane, Tower(All); Crane Stiff-Leg or Derrick; Helicopter Hoist. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 1/FLAG PERSON FOR TRAFFIC CONTROL Wage Benefit Zone Pay: $23.08 $10.94 0-30 mi. free zone >30-60 mi. base pay+$3.05/hr. >60 mi. base pay+$4.85/hr. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 2 Wage Benefit Zone Pay: $25.90 $10.94 0-30 mi. free zone >30-60 mi. base pay+ $3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. General Labor;Asbestos Removal; Burning Bar; Bucket Man; Carpenter Tender; Caisson Worker; Cement Mason Tender; Cement Handler(dry); Chuck Tender; Choker Setter; Concrete Worker; Curb Machine-lay Down; Crusher and Batch Worker; Heater Tender; Fence Erector; Landscape Laborer; Landscaper; Lawn Sprinkler Installer; Pipe Wrapper; Pot Tender; Powderman Tender; Rail and Truck Loaders and Unloaders; Riprapper; Sign Erection; Guardrail and Jersey Rail; Spike Driver; Stake Jumper; Signalman; Tail Hoseman; Tool Checker and Houseman and Traffic Control Worker. T Back to Table of Contents 9 CONSTRUCTION LABORERS GROUP 3 Wage Benefit Zone Pay: $26.04 $10.94 0-30 mi. free zone >30-60 mi. base pay+ $3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. Concrete Vibrator; Dumpman (Grademan); Equipment Handler; Geotextile and Liners; High-Pressure Nozzleman; Jackhammer(Pavement Breaker) Non- Riding Rollers; Pipelayer; Posthole Digger(Power); Power Driven Wheelbarrow; Rigger; Sandblaster; Sod Cutter-Power and Tamper. T Back to Table of Contents CONSTRUCTION LABORERS GROUP 4 Wage Benefit Zone Pay: $26.76 $10.94 0-30 mi. free zone >30-60 mi. base pay+$3.05/hr. This group includes but is not limited to: >60 mi. base pay+$4.85/hr. Hod Carrier'; Water Well Laborer; Blaster; Wagon Driller; Asphalt Raker; Cutting Torch; Grade Setter; High-Scaler; Power Saws (Faller&Concrete); Powderman; Rock &Core Drill; Track or Truck Mounted Wagon Drill and Welder incl. Air Arc T Back to Table of Contents DIVERS Wage Benefit Zone Pay: Stand-By $41.23 $16.88 0-30 mi. free zone Diving $82.46 $16.88 >30-60 mi. base pay+$4.00/hr. >60 mi. base pay+$6.00/hr. Depth Pay(Surface Diving) 0-20 ft. free zone >20-100 ft. $2.00 per ft. >100-150 ft. $3.00 per ft. >150-220 ft. $4.00 per ft. >220 ft. $5.00 per ft. Diving In Enclosures 0-25 ft. free zone >25-300 ft. $1.00 per ft. IT Back to Table of Contents 10 DIVER TENDERS Wage Benefit Zone Pay: $40.23 $16.88 0-30 mi. free zone >30-60 mi. base pay+$4.00/hr. The tender shall receive 2 hours at the straight time pay >60 mi. base pay+$6.00/hr. rate per shift for dressing and/or undressing a Diver when work is done under hyperbaric conditions. T Back to Table of Contents DRYWALL APPLICATORS Wage Benefit Zone Pay: $31.00 $13.57 0-30 mi. free zone >30-60 mi. base pay+$4.00/hr. >60 mi. base pay+$6.00/hr. T Back to Table of Contents ELECTRICIANS Wage Benefit Travel: $34.08 $14.56 District 4 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day T Back to Table of Contents HEATING AND AIR CONDITIONING Wage Benefit Travel: $30.09 $18.83 0-50 mi. free zone >50 mi. Duties Include: ■ $0.25/mi. in employer vehicle. Testing and balancing, commissioning and retro- ■ $0.65/mi. in employee vehilcle. commissioning of all air-handling equipment and duct work. Per Diem: $70/day T Back to Table of Contents 11 INSULATION WORKERS - MECHANICAL (HEAT AND FROST) Wage Benefit Travel: $37.77 $19.87 0-30 mi. free zone >30-40 mi. $25.00/day Duties Include: >40-50 mi. $35.00/day Insulate pipes, ductwork or other mechanical systems. >50-60 mi. $45.00/day >60 mi. $60.00/day plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. >60 mi. $90.00/day on jobs requiring an overnight stay plus ■ $0.56/mi. if transportation is not provided. ■ $0.20/mi. if in company vehicle. T Back to Table of Contents IRONWORKERS -STRUCTURAL STEEL AND REBAR PLACERS Wage Benefit Travel: $28.00 $26.40 0-45 mi. free zone >45-60 mi. $45.00/day Duties Include: >60-100 mi. $70.00/day Structural steel erection; assemble prefabricated metal >100 mi. $90.00/day buildings; cut, bend, tie, and place rebar; energy producing windmill type towers; metal bleacher seating; Special Provision: handrail fabrication and ornamental steel. When the employer provides transportation, travel will not be paid. However, when an employee is required to travel over 70 miles one way, the employee may elect to receive the travel pay in lieu of the transportation. T Back to Table of Contents LINE CONSTRUCTION — EQUIPMENT OPERATORS Wage Benefit Travel: $35.04 $16.45 No Free Zone $60.00/day Duties Include: All work on substations T Back to Table of Contents LINE CONSTRUCTION— GROUNDMAN Wage Benefit Travel: $27.36 $15.60 No Free Zone $60.00/day Duties Include: All work on substations j Back to Table of Contents 12 LINE CONSTRUCTION— LINEMAN Wage Benefit Travel: $45.74 $17.60 No Free Zone Duties Include: $60.00/day All work on substations T Back to Table of Contents MILLWRIGHTS Wage Benefit Zone Pay: $34.00 $13.57 0-30 mi. free zone >30-60 mi. base pay+ $4.00/hr. >60 mi. base pay+$6.00/hr. T Back to Table of Contents PAINTERS Wage Benefit Travel: $25.00 $0.00 No travel or per diem established. T Back to Table of Contents PILE BUCKS Wage Benefit Zone Pay: $31.00 $13.57 0-30 mi. free zone >30-60 mi. base pay+$4.00/hr. Duties Include: >60 mi. base pay+$6.00/hr. Set up crane; set up hammer; weld tips on piles; set leads; insure piles are driven straight with the use of level or plum bob. Give direction to crane operator as to speed, and direction of swing. Cut piles to grade. T Back to Table of Contents 13 PLUMBERS, PIPEFITTERS, AND STEAMFITTERS Wage Benefit Travel: $36.46 $18.71 0-70 free zone >70 mi. Duties Include: ■ On jobs when employees do not work Assemble, install, alter, and repair pipe-lines or pipe consecutive days: $0.55/mi. if employer doesn't systems that carry water, steam, air, other liquids or provide transportation. Not to exceed two trips. gases. Testing of piping systems, commissioning and retro-commissioning. Workers in this occupation may ■ On jobs when employees work any number of also install heating and cooling equipment and consecutive days: $100.00/day. mechanical control systems. p Back to Table of Contents SHEET METAL WORKERS Wage Benefit Travel: $30.09 $18.83 0-50 mi. free zone >50 mi. Duties Include: 0 $0.25/mi. in employer vehicle Testing and balancing, commissioning and retro- ■ $0.65/mi. in employee vehicle commissioning of all air-handling equipment and duct work. Manufacture, fabrication, assembling, installation, Per Diem: dismantling, and alteration of all HVAC systems, air $70.00/day veyer systems, and exhaust systems. All lagging over insulation and all duct lining. Metal roofing. T Back to Table of Contents SOLAR PHOTOVOLTAIC INSTALLERS Wage Benefit Travel: $34.08 $14.91 No mileage due when traveling in employer's vehicle. The following travel allowance is applicable when traveling in employee's vehicle: 0-18 mi. free zone >18-60 mi. federal mileage rate/mi. >60 mi. $75.00/day ?Back to Table of Contents I 14 TRUCK DRIVERS Pilot Car Driver Zone Pay: No Rate Established All Districts 0-30 mi. free zone Wage Benefit >30-60 mi, base pay+ $3.05/hr. Truck Driver $31.28 $9.37 >60 mi. base pay+ .$4.85/hr. Group 2: Special Provision: Combination Truck and Concrete Mixer and Transit Zone pay only applies to the Truck Driver Mixer; Dry Batch Trucks; Distributor Driver; Dumpman; classification. No zone pay was established for Dump Trucks and similar equipment; Dumpster; Flat Pilot Car Driver. Trucks; Lumber Carriers; Lowboys; Pickup; Powder Truck Driver; Power Boom; Serviceman; Service Truck/Fuel Truck/Tireperson; Truck Mechanic; Trucks with Power Equipment;Warehouseman, Partsman, Cardex and Warehouse Expeditor;Water Trucks. 15 GENERAL REQUIREMENTS The sections contained in Division 1 — General Requirements from the Montana Public Works Standard Specifications 61' Edition, April 2010 and the City of Bozeman Modifications to Montana Public Works Standard Specifications Sixth Edition shall be made part of this document. f DIVISION 1 - GENERAL REQUIREMENTS SECTION 01010-SUMMARY OF WORK PART 1 - GENERAL 1.01 WORK COVERED BY CONTRACT DOCUMENTS: The following sections generally describe the project. Exact quantities of unit price items are identified on the bid form. Detailed technical specifications and the construction drawings take precedence over these general descriptions in the case of any conflicts. A. General The City of Bozeman New Hyalite View Subdivision- Sanitary Sewer Service Connection Improvements project includes excavation to and replacement of approximately 197 sanitary sewer service lateral connections on the existing 8-inch diameter sanitary sewer mains serving the project area. The existing clay tile sewer mains were previously slip-lined with Cured-In- Place-Pipe(CIPP)and the sewer service laterals were reinstated from inside the sewer main. lThis project includes replacement of the sewer service laterals with new water-tight connections and several feet of new sewer service pipe to reconnect to the existing sewer services. All work will be completed within public open space(right-of-way) or utility easements on private property. Work includes all excavation,pipe connection materials and installation,backfill, and surface restoration including areas of sodding, seeding, asphalt replacement,temporary relocation and replacement of private fence sections and tree trimming and/or removal, as trequired to complete the work. IB. Gravity Sewer Service Connection Improvements 1. The active services identified will be replaced with a new half-section of PVC pipe strapped and caulked to the existing CIPP, then tapped with a Inserta Tee® (or approved equal), and then several feet of new sewer service pipe to reconnect to the existing sewer service line. a. The sewer service locations are based on record video inspections and distances measured from the center of upstream manholes as noted in the drawings. Depths are estimated to pipe invert elevation. Sewer flow is generally east to northeast. Contractor shall be responsible for measuring the distances to services in the field. No staking or other marking will be provided. ` b. Sewer service replacement includes removal of the full circumference of the existing clay tile pipe around the CIPP liner to allow connection of the new service lateral to the CIPP. The new service connection shall be replaced as SUMMARY OF WORK Sec 01010 - 1 I indicated in the drawing details. C. Some excavations will encounter buried utilities including, but not limited to, natural gas and telecommunications facilities. Location and protection of the utilities are included as a separate bid item. d. Several service connection taps are identified as "abandoned". These taps will also be repaired as indicated in the project details to prevent root entry. No separate bid item is included for abandoned service repairs and this work will be paid for under the sewer service reconnection bid item. e. Excavations are expected to encounter private or City-owned irrigation systems. Protection and/or repair of irrigation systems located within excavation limits during construction are incidental to construction of the service line connection replacements. 2. During construction, CONTRACTOR is to provide a photograph of each service reconnection with the property address of the service written on a white board or on the PVC pipe section. Photos shall be provided to the Engineer and the City at the end of each work week. Notify field Engineer prior to covering completed service reconnections to allow observation and documentation, unless otherwise approved and field Engineer is not readily available. C. Access, Excavation and Restoration 1. City Easement on Private Property (Schedules 1 & 2): Approximately twenty one (21) services within Schedules 1 and 2 require work to be completed on private property within an existing utility easement. These areas include: a. Easement corridor between N. Cedarview and S. Cedarview(8 services) b. Easement corridor between N. Spruce and S. Spruce(2 services) C. Easement corridor between Cherry Drive and E. Kagy Blvd. (11 services) 2. Access to the easement may require crossing private property between the public street and the easement. a. The City has notified the "impacted" private properties and requested signed Temporary Access Agreements to allow crossing of their property to access the City's existing utility easement. b. Access agreements procured at the time of bidding are included in the bidding documents or addenda issued during the bidding period. Agreements may have been signed without indication of the point of property access. Owners have been contacted again to specify the preferred points of entry. This information will be added as it is obtained. C. Additional agreements will be procured as construction progresses and will be provided to the Contractor as they become available. Work shall not be completed outside of the City's easement unless an executed access agreement is available for the respective property. SUMMARY OF WORK Sec 01010 - 2 P 6 d. Access agreements identify available points of access to access one or more sewer service locations. Do not access private property outside of the easement unless a signed access agreement with noted access path is available. e. Many properties do not require access agreements where the sewer connection Iis on the neighbor's property,but still within the City's utility easement. f. For the services on private property (within the easement),the restoration work must be completed closely behind the excavation backfill. A maximum of four (4) excavations can be left without restoration at any time before additional excavations can be completed. Thus, excavation #1 must be fully restored including sod, landscaping restoration, irrigation system repair, fence replacement, and any other applicable restoration item before excavation #5 can be started. These criteria apply to each work crew if more than one is operating. 3. Soil material removed from excavations must be placed on tarps or other temporary surface to allow near complete removal of the excavated soils from the lawn or Ilandscaping surrounding the excavation. 4. Open Space (Public R-O-W): Work outside of the noted easement areas is located Iwithin public right-of-way and/or open space. CONTRACTOR does not need further permission to access these work areas. a. Some service connection excavations may impact private property and/or Ifences adjacent to the open space within the City's existing easement. b. Restoration of any impacts on the private property within the City's easement will include reasonable protection and restoration of area disturbed by construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod where turf is disturbed or damaged and temporary removal and replacement of fence in conflict with excavation. 1 C. Restoration of turf within open space shall include placement of topsoil, seed mix, fertilizer, and mulch in accordance with the specifications. 5. Restoration of impacts on private property will include reasonable protection and restoration of area disturbed by construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod where turf is disturbed or damaged and temporary removal and replacement of fence in conflict with excavation. a. Provide turf and landscaping protection from stockpiles to allow near complete removal of soil material from beyond the limits of the required excavation. b. Initial impacts to existing trees on private property, and within the City's easement, are estimated. Actual impacts may be more or less than estimated and shown on the drawings. 1 6. Tree Trimming and/or Removal a. Trees shall not be trimmed or removed without approval by the ENGINEER. 1 b. Contractor shall utilize a professional tree trimming and removal company for ISUMMARY OF WORK Sec 01010 - 3 removal of trees where impacts cannot be avoided or excavations safely completed without removal of the tree. C. Unless otherwise agreed, tree removal shall include removal of the stump to a minimum of 6-inches below grade. d. Property owners will be compensated directly by the City for trees lost within private property. 1.02 PRELIMINARY MATTERS A. Survey Markers and Monuments. The CONTRACTOR shall protect and not disturb any survey markers or monuments, such as lot or block corners, property pins, or section corners or section breakdown corners. Any survey marker or monument that is disturbed or destroyed by the CONTRACTOR shall be replaced at no cost to the OWNER by a licensed land surveyor at the CONTRACTOR's expense. The CONTRACTOR shall engage the services of a registered land surveyor to tie the existing corner prior to construction,to punch the corner location on the new monument following construction, and to file a Certified Corner Recordation form with the Gallatin County Clerk and Recorder. Care shall be taken not to disturb the survey monument following installation. 1.03 PROJECT COORDINATION A. Use of Premises. The CONTRACTOR shall confine his operations to existing right-of-way and designated construction corridors at the site of the proposed work. B. Construction Staking: The CONTRACTOR is responsible for any construction staking needed for the project. C. Stored Materials 1. It shall be understood that the responsibility for protection and safekeeping of equipment and materials on or near the site will be entirely that of the CONTRACTOR and that no claim shall be made against the OWNER by reason of any act of an employee or trespasser. No materials or equipment may be placed upon the property of the OWNER until the OWNER has agreed to the location contemplated by the CONTRACTOR to be used for storage. a. Subject to the contract conditions, project funding will allow for payment for Materials in Storage for the materials to be used in this project. 2. The CONTRACTOR shall be solely responsible for obtaining and shall pay all costs in connection with any additional work area, storage sites, and access to the site, or temporary right-of-way,which may be required for proper completion of the Work. SUMMARY OF WORK Sec 01010 - 4 i 1.04 EXISTING FACILITIES A. Protection of Existing Utilities Existing underground installations such as water mains, gas mains, sewers, telephone lines, power lines, and buried structures in the vicinity of the work to be done hereunder are indicated on the drawings only to the extent such information has been made available to or discovered by the I ENGINEER in preparing the drawings. There is no guarantee as to the accuracy or completeness of such information, and all responsibility for the accuracy and completeness thereof is expressly disclaimed. CONTRACTOR shall be solely responsible for locating all existing underground installations, including service connections, in advance of excavating or trenching, by contacting the owners I thereof and prospecting. The CONTRACTOR shall use his own information and shall not rely solely upon information shown on the drawings concerning existing underground installations. The CONTRACTOR shall protect utilities during excavation and repair all damage to existing utilities Ior property to the satisfaction of the utility owner or property owner at his own expense. If any existing underground utility or facility not shown on the drawings is located so that it interferes with the work in either alignment or grade and has to be moved or otherwise modified, such work shall be done by the CONTRACTOR, and adjustment in payment will be made according to the GENERAL CONDITIONS. Except as stated above, any delay, additional work or extra cost to the CONTRACTOR caused by existing underground installation shall not constitute a claim for extra work, additional payment, or damages. Privately owned utilities, such as gas mains,underground electrical and telephone cables,telephone poles, light poles, etc., required to be moved to make way for new construction will be moved by others unless designated otherwise on the plans. However, the CONTRACTOR shall be responsible for contacting all utilities companies associated with this project to determine additional costs that may be associated with these utilities. These costs shall be incidental to the bid price. Temporary service shall be provided by the CONTRACTOR during any period when utility lines are disturbed unless the CONTRACTOR makes other arrangements with the utility users and of existing utility lines, if interrupted,shall be restored as quickly as possible. Do not interrupt existing utility services without written permission from ENGINEER. The CONTRACTOR shall coordinate with the utility companies for the protection or adjustment of existing utilities in the vicinity of the work and shall have utility company representatives present when necessary to support utility poles or buried utility lines while working adjacent to such utilities. The CONTRACTOR shall pay all costs associated with having utility company representatives on the site for this work and shall include these costs in the price bid for related items of work. The CONTRACTOR shall utilize the one call utility locate request number, as required for any excavation work in Montana(1-800-424-5555). Additional utility contact numbers SUMMARY OF WORK Sec 01010 - 5 I include but may not be limited to the following: 1. The OWNER, ENGINEER and Northwestern Energy personnel must be notified at least 48 hours in advance prior to exposing utilities owned by Northwestern Energy. Utilities are not to be backfilled until Northwestern Energy personnel have physically inspected each crossing to ensure the utilities are not damaged prior to backfilling. Revisions to these requirements shall be arranged with Northwestern Energy,ENGINEER and OWNER. a. Northwestern Energy Contacts for Coordination: Korey Gram (406-274-5920); Derek Westveer(406-581-3987). 2. City of Bozeman Water/Sewer: (406) 582-2280 (office) 3. CenturyLink: (855)742-6062 4. Qwest: (800)283-4237 B. Excavation Near Utilfty Poles 1. Multiple excavations for the service line connection replacements will be close to existing power poles. Depths of excavations near the affected poles vary, and possible impact to the support of the respective power pole is unknown. Contractor to coordinate with Northwestern Energy in advance of excavations near power poles once excavation location is marked and ready for excavation to coordinate any temporary support, if necessary. Northwestern Energy personnel shall be onsite during excavation near power poles, as determined necessary by Northwestern Energy. a. Northwestern Energy Contacts for Coordination: Korey Gram(406-274-5920); Derek Westveer(406-581-3987). C. Protection of Existing Structures Where construction will be required adjacent to existing structures,the CONTRACTOR shall be solely responsible to maintain the structural integrity of the existing structures. The CONTRACTOR shall take whatever means necessary to ensure that the existing structure is not damaged and, if necessary, shall install shoring or sheet piling or change the size or type of construction equipment. CONTRACTOR shall not use the existing features as anchors to fasten ropes, chains, or guys without prior written approval. The CONTRACTOR shall repair all damage to the existing structures at his own expense. Any fences disturbed during construction shall be repaired to the satisfaction of the OWNER. Any delay, additional work, or extra cost to the CONTRACTOR caused by existing structures shall not constitute a claim for extra work, additional payment or damages. Unless otherwise noted on the Construction Drawings, all existing ditches disturbed by construction shall be restored to their original size, line, and grade. D. Damage to Existing Property: The CONTRACTOR will be held strictly responsible for all damages to persons or property that occur as a result of his fault or negligence. The CONTRACTOR shall promptly notify the SUMMARY OF WORK Sec 01010 - 6 6 ENGINEER and the property owner of any damage which is his responsibility. In order to adequately protect the OWNER against claims, demands, or liabilities arising out of the CONTRACTOR's construction operations under this contract, the ENGINEER may withhold such sums as he may deem appropriate from progress payments due the CONTRACTOR until the matter is settled. The OWNER may withhold final payment until the CONTRACTOR presents evidence which is satisfactory to the OWNER that all proper claims which are the responsibility of the CONTRACTOR have been settled. All damage to existing property shall be repaired to the satisfaction of the ENGINEER, at no cost to the OWNER. E. Field Check of Existing Structures The dimensions and elevations of existing structures and locations of existing fences, pipelines, conduits, cables, property lines, and equipment shown on the drawings were obtained from iavailable records, and geographic information systems (GIS)and are not guaranteed for accuracy. It shall be the responsibility of the CONTRACTOR to check all dimensions and elevations of existing structures, pipelines, conduits, cables, equipment, or other existing items, both above and below ground,affected by or affecting the Work under this contract,prior to the start of construction or ordering materials and equipment affected thereby. The CONTRACTOR's attention is directed to the Instructions to Bidders which requires that each bidder visit the site of the Work to familiarize himself with the arrangement and condition of existing construction that is to be connected to or that is to remain in place. F. Fiber Optic Cables. Special attention shall be paid to crossings of any fiber optics cables and where the carrier pipes have been capped with concrete. In some cases, the bottom portion of the piping may not be not supported by the concrete cap. CONTRACTOR shall take special precautions in supporting and excavating under these crossings. 1.05 WORK SEQUENCE/SCHEDULE: IA. General 1. The CONTRACTOR shall schedule the work to minimize inconvenience to the OWNER and to adjacent property owners to minimize interruptions to utility service. This shall include minimizing obstructions to local traffic. Close coordination will be required between the CONTRACTOR, OWNER, ENGINEER, and utility service companies, law enforcement, fire department and ambulance services. 2. The CONTRACTOR shall be responsible for coordination of public notification l of the residences and businesses affected by the daily work activities. Notification I shall be provided at least 48-hours in advance of the work. Notification notices shall provide the date and estimated time(s) and duration that sewer service will 1 be interrupted, construction schedule, contact numbers of both the I CONTRACTOR and ENGINEER and a brief description of the work to be SUMMARY OF WORK Sec 01010 - 7 performed. Notices shall be approved by the ENGINEER prior to issuing. The CONTRACTOR shall work closely with the ENGINEER in coordinating and scheduling work. a. CONTRACTOR shall submit a proposed public notice for review and approval prior to distribution. Distribution of the notices shall be coordinated with the ENGINEER and discussed each week at weekly field construction meetings to communicate the week's schedule of work and coordinate communication with impacted properties and the respective sewer service. 3. The utility service companies such as power, gas, telephone, and video shall be contacted at least 48 hours in advance of when locating of services will be required. 1.06 ENVIRONMENTAL CONTROLS A. Keep project neat, orderly, and in a safe condition at all times. Provide on-site containers for collection of rubbish and dispose of it at frequent intervals during the progress of work. No burning of debris will be permitted. No trash shall be disposed of in the trench or excavations. B. The CONTRACTOR shall sweep paved areas and water unpaved dry areas as deemed necessary by the ENGINEER to control soil dust, specifically on detour routes. C. CONTRACTOR shall protect all stormwater inlets and drainage swales to control soil erosion until vegetation is restored. D. Volatile Wastes: Keep volatile wastes in covered containers E. CONTRACTOR shall dispose of all oil and petroleum products in an appropriate manner off-site. This requirement shall include any and all materials used for clean-up of such materials. F. Tracking of Soil or Mud: Tracked soil or mud onto existing roads is to be cleaned by the CONTRACTOR to the satisfaction of the ENGINEER. G. Night Work. Night work shall be allowed only with written approval of OWNER. Emergency work may be done without prior permission. H. Coordination with Subcontractors. All work shift times of the Prime Contractor and his subcontractors shall coincide with each other to prevent extending the total hours of work in a single day. SUMMARY OF WORK Sec 01010 - 8 i i I. Working Hours and Noise Restriction. To minimize construction noise impacts on the local residents, no construction activities will be allowed between the hours of 8:00 p.m. and 7:00 a.m.,unless explicitly allowed by the ENGINEER in writing. IJ. Adverse Weather Conditions. The CONTRACTOR is advised that should he request a prolonged adverse weather shutdown (i.e. winter shutdown) and should such a i shutdown be approved by the OWNER, all work on the project shall cease. CONTRACTOR shall be issued a suspend work order when the work stops and a resume work order when the work commences. The time associated with this suspension of work will not be assessed against the contract time. The ENGINEER will not be lavailable for work inspection during such shutdowns and any work completed by the CONTRACTOR during such a shutdown will not be accepted by the ENGINEER. lIn no case will an adverse weather shutdown be approved by the OWNER when construction work is only partially completed. Where the OWNER approves a shutdown, the CONTRACTOR shall restore all utility services to users in the construction area, and open up traffic access in the construction area. The CONTRACTOR shall provide periodic road maintenance during any shut down period. Materials for this maintenance shall be consistent with the conditions of the roadway. Paved streets shall be maintained with cold mix, and gravel streets shall be maintained with gravel, each of thicknesses satisfactory to carry the traffic without development of surface irregularities. Any costs related to the road maintenance of the above will be the responsibility of the CONTRACTOR. IShould adverse weather require a shutdown of the work by the OWNER or the CONTRACTOR, CONTRACTOR shall be responsible for any and all costs associated with the shutdown including but not limited to restoration of all utility services, restoration of E streets and alleys to provide access during shutdown period, periodic road maintenance during shutdown period, demobilization, remobilization, and lost overhead and profit to the CONTRACTOR and any subcontractors. 1.07 DISPOSAL OF RUBBISH: Any stones, trees, brush, or other deleterious material left by construction operations shall be disposed of legally at a permitted landfill, or private disposal facilities if arrangements are made by the CONTRACTOR and approved by the ENGINEER. 1.08 AIR AND WATER POLLUTION CONTROL: A. Prevention Procedures: CONTRACTOR shall take all necessary reasonable measures to reduce air and water pollution by any material or equipment used during construction as well as pollution from the construction sites and equipment storage and service areas. Measures to be used include providing dust abatement measures for construction activity. ' SUMMARY OF WORK Sec 01010 - 9 CONTRACTOR shall comply with all applicable water pollution control regulations that are in effect at the time of the Bid Opening. Required measures include the City of Bozeman stormwater/construction permitting, filing of a Notice of Intent with the State Department of Environmental Quality, and the preparation and submittal to DEQ of a Pollution Prevention Plan, if required to comply with stormwater runoff regulations. The cost of all Pollution Control is to be included in the price of the contract. Disturbance of existing vegetation is to be minimized by construction activity. Reclamation of disturbed surfaces is to comply with specifications. B. Burning of Debris: No burning of debris will be permitted inside the City limits. C. Volatile Material: CONTRACTOR shall not dispose of volatile wastes or oils in storm or sanitary drains, nor allow such materials to reach natural waters. Do not allow waste materials to be washed into the bed of a stream. D. Excess Material: When excavations are made, CONTRACTOR shall immediately utilize resultant loose earth by backfilling and compacting in place, or dispose of it off the site. E. Stormwater: CONTRACTOR shall obtain construction site stormwater permit(s) from the City of Bozeman. All construction activities shall utilize best management practice for stormwater control and management. 1.09 FIRE PREVENTION AND PROTECTION: A. Hazard Control: CONTRACTOR shall take all necessary precautions to prevent fire during construction. Provide adequate ventilation during use of volatile or noxious substances. B. Spark Arresters: CONTRACTOR shall equip all gasoline or diesel powered equipment used in potential fire locations with spark arresters. C. Building Sght Smoking within buildings or temporary storage sheds is prohibited. No welding or cutting by torch shall be performed unless adequate fire protection is provided and maintained for the duration of the Work in the area of operations. D. Protection Equipment Required: Provide and maintain suitable fire protection equipment. Furnish a minimum of one UL Class 2A, 2-1/2 gallon water type, pressure extinguisher, and one UL Class 10, Type I, 15 pound B:C carbon dioxide extinguisher. 1.10 SUBSURFACE CONDITIONS The CONTRACTOR shall satisfy himself as to the groundwater and subsurface conditions at the SUMMARY OF WORK Sec 01010 - 10 C j site of the work. The CONTRACTOR shall be aware that groundwater and soil moisture contents ` can fluctuate due to seasonal changes, weather, irrigation, and other variations in conditions. Supplementary subsurface information is available in Appendix A—Vicinity Excavation Photos. 1 The bidders shall make independent investigations as they believe are necessary to prepare their bid. The CONTRACTOR is responsible to determine construction methods and include these costs in the bid unit prices. Methods and procedures related to wet soils could include adjusting the h moisture of the material or removal of the wet material and replacement with another suitable material. I 1.11 TEMPORARY CONTROLS A. General. Temporary service shall be provided by the CONTRACTOR during any period when utility lines are disturbed unless the CONTRACTOR makes other arrangements with the utility users and owners that are satisfactory to said users and owners. Service of existing utility lines, if interrupted, shall be restored as quickly as possible. Service of domestic water lines and sewer lines shall not be interrupted for a period of more than 4-hours,unless otherwise approved ' by the ENGINEER in writing. CONTRACTOR shall be solely responsible for notification of those individuals affected by being out of service and for temporary connections, if needed. B. Groundwater/Dewatering. The Contractor is advised that groundwater may be present at the project site. The Contractor is responsible for providing dewatering equipment and methods for this project. Groundwater shall be removed from the open trench area to satisfactorily Iprevent the rising of water into the new or any existing piping that may be exposed during the work. The Contractor shall be responsible for arrangements of permits and obtaining of sites for groundwater discharge. This shall include all cleanup, restoration, etc., of any discharge areas. The above-related work shall be part of the unit bid price for sewer service replacement. 1.12 CLOSE-OUT A. Cleaning. The CONTRACTOR shall clean the streets to the same or cleaner condition than prior to the start of construction. The cost of cleaning shall be incidental to and included in other items of the Work. The work zone shall be complete, clean, and street marking reapplied to the satisfaction of the OWNER prior to acceptance of the work zone and prior to opening of the street to normal traffic flow. No washing of the streets shall be allowed to discharge into sanitary sewer or storm sewer. B. Reconciling Change Order. A reconciling change order to show final in-place quantity overruns and under runs will be prepared before final payment to the CONTRACTOR. The unit prices will remain unchanged. This reconciling change order will have to be prepared before authorization of final payment to the CONTRACTOR. 1.13 RECORD DRAWINGS. A. General The CONTRACTOR's superintendent or his designated representative shall maintain, at the project site, a "Record Set of Drawings" showing field changes, as-built SUMMARY OF WORK Sec 01010 - 11 elevations, unusual conditions and utilities encountered during construction, dimensions to exposed features both for depth below finished grade and horizontal distance from a permanent surface feature, manufacturer's catalog number of equipment supplied, and other data as required to provide the OWNER with an accurate "as-constructed" set of Drawings. Record drawings shall be maintained in a neat and legible condition. Drawing set shall not be used for construction purposes and shall be available for review by the Resident Project Representative at the job site during normal working hours. B. Markings: Use red erasable colored pencils to annotate record drawings. C. Review for Progress Payments. Prior to approval of each successive Progress Payment, CONTRACTOR will be asked to update and present the record drawing set to the ENGINEER or ENGINEER's field representative prior to ENGINEER approving the pay request. An approval by the ENGINEER shall not be given on the final payment request until complete record drawings are submitted to the ENGINEER. Final record drawings from the CONTRACTOR shall be submitted at least 7 days before the final progress payment to allow time to review the drawing for completeness. Failure to submit record drawings in a timely manner, as described,may delay approval of final progress payment. PART 2 - PRODUCTS NONE PART 3 - EXECUTION NONE END OF SECTION 01010 SUMMARY OF WORK Sec 01010 - 12 DIVISION 1 —GENERAL REQUIREMENTS SECTION—1020 MODIFICATIONS TO i MONTANA PUBLIC WORKS STANDARD SPECS (DIV 1—3) PART 1 - GENERAL This section includes modifications and/or supplements to Divisions 2 of the Montana Public Work Standard Specifications (MPWSS), Sixth Edition,April 2010 and the City of Bozeman C Modifications to the MPWSS, Sixth Edition,March, 2011. All provisions which are not so i amended or supplemented remain in full force and effect. PART 2 -DIVISION I AND 2 MODIFICATIONS I GENERAL 1. Delete all reference to Measurement and Payment in all Division 2 individual sections of the Montana Public Works Standard Specifications,Sixth Edition,April,2010.Measurement and Payment is covered in Section 01150,"Measurement and Payment"contained in this Project Manual SECTION 00810 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC-4.02 SUBSURFACE AND PHYSICAL CONDITIONS Delete this Supplementary Condition. Add the following: SC4.02.A.3 No geotechnical investigation is available for this project area. Photos of area excavations are provided in the Appendices for information only and are not a contract document. y1 SC-4.06 HAZARDOUS ENVIRONMENTAL CONDITIONS AT SITE I Delete this Supplementary Conditions. Add SC4.06.A.1 No report of environmental conditions is available for this project area. SECTION 00200 INSTRUCTIONS TO BIDDERS Add the following to ARTICLE 5—PRE-BID CONFERENCE 5.2 A Pre-Bid will be held via WebEx. Instruction to joint the WebEx are as follows: Join by phone Tap to call in from a mobile device (attendees only) 1-650-479-3208 Call-in toll number (US/Canada) Join from a video system or application Dial 1263752055 cityofbozeman.webex.com You can also dial 173.243.2.68 and enter your meeting number. Join using Microsoft Lync or Microsoft Skype for Business Dial 1263752055.cityofbozeman(a)_lync.webex.com MODIFICATIONS TO MPWSS Sec 01020 -1 Delete part 17.1 of ARTICLE 17—OPENING OF BIDS, and replace with the following: 17.1 Bids will be opened as indicated in the Invitation to Bid via WebEx in accordance with the instructions below, and unless obviously non-responsive,read aloud. An abstract of the amounts of the bids will be made available to Bidders after the opening of Bids. Join by phone Tap to call in from a mobile device (attendees only) 1-650-479-3208 Call-in toll number (US/Canada) Join from a video system or application Dial 1265381746(a)cityofbozeman.webex.com You can also dial 173.243.2.68 and enter your meeting number. Join using Microsoft Lync or Microsoft Skype for Business Dial 1265381746.cityofbozeman(a)lync webex com SECTION 02221 TRENCH EXCAVATION&BACKFILL FOR PIPELINES AND APPURTENTANTSTRUCTURES 2.1.A.1 Amend this paragraph to read as follows: Type I Pipe Bedding includes the material placed around the pipe as indicated in the standard details. 2.1.B. SELECT TYPE 1 BEDDING: Delete this section in entirety. Add the following section. 2.1.E. UTILITY CABLE BEDDING(INCLUDING GAS,ELECTRIC,FIBER OPTIC TELEPHONE, CABLE) 1. Bedding for natural gas, electric,fiber optic,telephone and cable, shall be a well graded sand material with 100%by weight passing the No. 4 sieve and a maximum 10%by weight passing the No. 200 sieve. 2. Bedding material for these utilities shall be uniformly deposited and compacted and include the material from 4-inches below the utility to 6-inches over the utility. 3.3.D Blasting Delete Article 3.3.D "Blasting"from Section 02221. No blasting will be allowed. 3.6 TRENCH FILLING AND BACKFILLING 3.6.13.La. Revise the first sentence of this section as follows: Place Type I bedding as indicated in the standard details. 3.6.13.2 Select Type 1 Bedding: Delete this section in entirety. 3.6.0 Trench Backfill Amend paragraph 3.6.C.2 as follows: MODIFICATIONS TO MPWSS Sec 01020 -2 I I C.2. Type A trench backfill shall be used under all asphalt and gravel surface restoration areas. Type B trench backfill shall be used under all grass surfaces,cultivated areas,and unimproved or unsurfaced areas. Type C trench backfill shall not be used. Delete all references in the MPWSS to"by AASHTO T99 or by ASTM D698"and replace with"by i ASTM D698." I Replace paragraph 6.a with the following: 6.a.Type A Trench Backfill. Place trench backfill in maximum 8 inch compacted lifts within 3 percent of optimum moisture content. Compact to a least 95 percent of maximum dry density determined by ASTM D698 for material which does exhibit a typical well- defined moisture-density curve,and 70%relative density as determined by ASTM D4253 and D4254 for material which does not exhibit a well defined moisture density curve." Replace paragraph 6.b with the following: 6.b.Type B Trench Backfill. Place trench backfill in maximum 8 inch compacted lifts within 3 percent of optimum moisture content. Compact to a least 90 percent of maximum dry density determined by ASTM D698 for material which does exhibit a typical well- defined moisture-density curve, and 50%relative density as determined by ASTM D4253 land D4254 for material that does not exhibit a well defined moisture density curve." SECTION 02235 CRUSHED BASE COURSE 2.3 GRADATION Amend the first sentence of the Part A to read: A. "As determined by ASTM C117 and C136....." Add the following to the end of Part A: Crushed base course for street and/or alley restoration shall meet the requirements of the 1-1/2"Minus gradation. Thickness shall be as identified in the drawings and/or details. Amend the end of Part E to read"...as determined by ASTM D4318." e3.3 FIELD DENSITY REQUIREMENTS Amend the first sentence of Part C to read as follows: C. "Provide the watering and rolling required to obtain a minimum field density of 95 I percent of maximum dry density as determined by ASTM D698." SECTION 02730 SANITARY SEWER COLLECTION SYSTEMS 2.1 GENERAL Add the following section { E. Sewer service saddles for connection to the existing main shall be of the following types: MODIFICATIONS TO MPWSS Sec 01020 -3 I. Insert Style: Inserta Tee Manifold Adaptor as manufactured by Inserta Fittings Company,or approved equal,consisting of a PVC hub,rubber sleeve and stainless steel band. Connection shall be a compression fit into the cored wall of the CIPP. Hub shall be made from heavy-duty PVC material. Stainless steel clamping assembly shall be made from minimum 301 grade steel. Rubber sleeve and gasket,when applicable,shall meet the requirements of ASTM F477. Gaskets shall be installed by the manufacturer. SECTION 02910 SEEDING 2.1 SEED Add the following section. E. Seed mix shall be "Dryland Lawn Mix" Blended Seed Mix (19-0056) mixture as supplied by Nutrien Ag Solutions (Northern Seed) (406-252-8012), or approved equal, and provide for the following amounts and types of seed. Amt/Wt Variety and Species % per Bag Mix 10 Crested Wheat ass;Fairway 39.3 10 Crested Wheat ass;Ephraim 39.9 5 Streambank Wheat ass; Sodar 19.4 END OF SECTION 01020 MODIFICATIONS TO MPWSS Sec 01020 -4 DIVISION 1—GENERAL REQUIREMENTS SECTION 01150-MEASUREMENT AND PAYMENT PART 1-GENERAL 1.01 GENERAL: This section of these specifications supersedes the method of measurement and basis of payment described in the various sections of the Montana Public Works Standard Specifications. The method of measurement and basis of payment for this project is described in article 1.04 of this section. l 1.02 BID PRICES: The total bid price for each item of the contract shall cover all work shown on the contract drawings and required by the specifications and other Contract Documents. All costs in connection with the work, including furnishing all materials, equipment, supplies and appurtenances; providing all construction plant, equipment,and tools;and performing all necessary labor and supervision to fully complete the Work, shall be included in the unit and lump sum prices bid. No item that is required by the Contract Documents for the proper and successful completion of the Work will be paid for outside of or in addition to the prices submitted in the bid. All work not specifically set forth as a pay item in the Bid Form shall be considered a subsidiary obligation of the CONTRACTOR and all costs in connection therewith shall be included in the prices bid. 1.03 ESTIMATED QUANTITIES: All estimated quantities for unit price items to be paid per field measurement as stipulated in the Bid Form or other Contract Documents are approximate and are to be used only (a) as a basis for estimating the probable cost of the Work and(b)for the purpose of comparing the bids submitted for the Work. The actual amounts of work done, and materials furnished under unit price items may differ from the estimated quantities. The basis of payment for work and materials will be the actual amount of work done and materials furnished and accepted. The CONTRACTOR agrees that he will make no claim for damages, anticipated profits, or otherwise on account of any difference between the amount of work actually performed and materials actually furnished and the estimated amounts herein except as follows. Either the OWNER or the CONTRACTOR may demand in writing that a change order be prepared to authorize an adjustment in the unit price of any MAJOR CONTRACT item if the quantity of said MAJOR CONTRACT item increases or decreases by more than 25 percent from that shown in the I Contract Documents. A MAJOR CONTRACT item is defined as any item having an original contract value in excess of 10 percent of the total original contract. If one of the bid items described in Article 1.04 of this section is not included in a particular schedule or zone on the Bid Form but measurement and payment for that item is required according to the drawings and/or by the ENGINEER, the unit price from a similar schedule or zone will be used to establish the unit price for that item in the other schedule or zone. I I I MEASUREMENT AND PAYMENT SEC 01150 - 1 l 1.04 MEASUREMENT AND PAYMENT ITEMS: Mobilization/Demobilization—BID ITEM No. 101,201,301 Mobilization shall consist of preparatory work and operations performed by the CONTRACTOR, including,but not limited to,those necessary for the movement of his personnel,equipment,supplies, and incidentals to the project site;for the establishment and maintenance of all offices,buildings,and other facilities necessary for all work in the project; and for other work and operations that must be performed or costs incurred before beginning work on the various items on the project site. This item shall include demobilization at the completion of the project including the removal of the Contractor's equipment, supplies, temporary facilities and excess materials, and cleanup of the site. This work also includes providing all related materials, equipment and labor not specifically covered by other bid items. Mobilization costs for subcontracted work shall be considered to be included. No separate measurement for payment will be made for this work. Method of Measurement:Measurement of this item shall be lump sum. Basis of Payment:Payment for all work included will be made at the Contract lump sum price based upon the percentage of work completed in accordance with the plans and specifications and as approved by the ENGINEER. Partial payments for Mobilization will be made as follows: Periodic Progress Payment Percent of Contract Value Earned Percent of Item Paid 1 --- 50% 50% 75% 75% 90% 100% 100% Taxes,Bonds,and Insurance—BID ITEM No. 102,202,302 This bid item shall be the actual cost with no CONRACTOR's markup (overhead and profit)for the required Taxes,Bonds, and Insurance. Method of Measurement:Measurement for this item shall be lump sum. Basis of Payment: Payment for this item will be made for 100%upon mobilization to begin construction of a particular schedule,only if the bid price for this item is less than five percent (5%)of the total price of that schedule. For that portion of taxes,bonds and insurance greater than five percent (5%), if any, payment shall be made in increments on the basis of the percentage of work completed of each progress estimate for that schedule. Sewer Service Replacement—BID ITEMS No. 103—106,203—206,303-305 This item shall include all work required to install the new service line connection. Service line shall include removal of clay tile host pipe, repair materials as shown in the details, Inserta-tee® (or equal), new PVC piping from the main to the reconnection with existing sewer service, watertight coupling connection to connect to the existing service, all as detailed in the drawings. Item shall also include repair of abandoned service as indicated in the drawings. Work shall MEASUREMENT AND PAYMENT SEC 01150 - 2 include, but not necessarily be limited to the Inserta-tee®, required pipe, fittings and couplings, bedding material, connection to the existing sewer service pipe, removal and disposal of existing service and excess backfill materials,excavation,shoring,sheeting,dewatering,bedding,backfill, compaction; with all labor, equipment, tools, and incidentals necessary to complete this item as lspecified. Surface restoration is covered under other bid items. Method of Measurement: Measurement for this item shall be on a per each basis for each item completed in accordance with the contract documents. Basis of Pa moment: Payment for this item will be made at the contract unit price for each. Underground Utility Crossing;Power Pole—BID ITEM No. 107,207,306 Measurement will be by numerical count for underground utilities crossed and/or encountered within excavation limits including but not limited to natural gas,telecommunications,water, and sewer utilities as well as the necessary precautions associated with working near existing utility poles. Payment for this item shall be at the Contract price per each,which price shall include full compensation for production slowdown,utility locations,costs to repair any utility damaged by lCONTRACTOR when such utility is shown on the plans,of a known location,or not shown on the plans or of an unknown location,utility relocation costs to the utility company if relocation is requested by the CONTRACTOR, and all other costs associated with the utility crossing, including Jexcavation,backfill,dewatering,hand compaction,specified sand materials,and appurtenances necessary to complete the item. Item shall include the necessary coordination with utility pole owner(s)and precaution required to work adjacent to existing power poles. No payment will be made for utility crossing which are either to be abandoned as a result of this project or have been abandoned prior to the start of this project. If multiple utilities lie within 24 inches of one or more other utilities,payment for only one utility crossing will be made. If multiple utilities are closer than this 24 inches and the total width is greater than 24 inches,payment will be made to each one-foot width containing multiple utilities. There shall be no measurement and payment for utilities that are crossed but not exposed during work. There shall be no measurement and payment of surface or overhead utility crossings,nor of services of the facility type being replaced.There shall be no separate measurement and payment 1 for the protection of overhead power poles and junction boxes inside the excavation limits.These 1 shall be considered incidental to the work. 1 No payment will be made for paralleling adjacent utilities,regardless of the space horizontally or I vertically between the existing utility and the improvement and shall be considered incidental to the l work. If the paralleled utility crosses from one side of the trench to the other side of the trench for the improvements, it will be paid for as a utility crossing. Method of Measurement: Measurement for this item will be by numerical count for MEASUREMENT AND PAYMENT SEC 01150 - 3 i underground utility crossings and/or encountered within excavation limits Basis of Payment:Payment for this item shall be at the contract unit price per each. Fence Removal and Replacement—BID ITEM No. 108 This item includes protection,removal and replacement of fence sections impacted by excavation to the respective sewer service. Work shall include temporary dismantling and reinstallation of any type of fence impacted and include replacement of any materials damaged in the process along with all labor, equipment,tools, and incidentals necessary to complete this item as specified. Method of Measurement: Measurement for this item shall be on a per each basis for each item completed in accordance with the contract documents Basis of Pam Payment for this item will be made at the contract unit price for each. Tree Removal—BID ITEM No. 109,208 This item includes removal of trees of any size in conflict with the sewer service excavations. The item includes necessary trimming,cutting,excavating,stump removal, and backfill as needed to fully remove a tree and restore to finished grade. Item includes removal of all materials from the property, along with restoration of the area impacted by the tree removal to match adjacent area including sodding. Trimming of trees not resulting in or necessary for full removal of the tree shall be incidental to completion of the sewer service reconnections and not included in this bid item. Method of Measurement:Measurement for this item shall be on a per each basis for each item completed in accordance with the contract documents. Basis of Payment:Payments for this item will be made at the contract unit price for each. Landscaping/Sod Restoration — BID ITEM No. 110, 209: This item includes reasonable restoration of landscaping and replacement surface vegetation with either sod or seeding/turf restoration as required for the respective excavation location and any damage resulting from access to the excavation location. The restoration boundaries are to be determined by the CONTRACTOR in conjunction with the ENGINEER's Resident Project Representative. Any restoration beyond the excavation limits required by the ENGINEER due to damage caused by the CONTRACTOR shall be at the total expense of the CONTRACTOR. Payment at the contract unit price shall constitute full compensation for additional compaction of trench backfill material, furnishing and installing all sod, soil and seeding materials as specified, irrigation line and equipment repair/replacement, and all tools, equipment, labor, performance and incidentals necessary to satisfactorily complete this item. Method of Measurement: Measurement for these items will be made in the field with payment made on the actual number of excavation restorations satisfactorily completed as specified in the Project Documents. MEASUREMENT AND PAYMENT SEC 01150 - 4 i 1 Basis of Payment:Payment for these items will be made at the contract unit price per each. I Asphalt Surface Restoration—BID ITEM 111,210,307 Measurement for these items will be made in the field with payment made on the actual number of asphalt repairs satisfactorily completed in accordance with the Project Documents. The restoration boundaries are to be determined by the CONTRACTOR in conjunction with the ENGINEER's Resident Project Representative. The CONTRACTOR shall be required to restore all pavement areas to a condition as per the drawings and specifications. Any restoration required due to damage caused by the CONTRACTOR shall be at the total expense of the CONTRACTOR. Payment at the contract unit price shall constitute full compensation for furnishing and installing flowable fill regardless of depth and surface material as specified, saw cutting of existing pavement, removal and disposal of excess material and existing pavement, and all tools, equipment, labor, performance and incidentals necessary to satisfactorily complete this item. Method of Measurement: Measurement for this item shall be on a per each basis for each item completed in accordance with the contract documents Basis of Payment: Payment for this item will be made at the contract unit price for each. lTraffic Control—BID ITEMs 112,211,308 This item shall be full reimbursement for all costs of furnishing, installing,maintaining,replacing and operating construction traffic control systems throughout the work period. The construction Jtraffic control system may be comprised of but not be limited to signs, barricades, channelization, pavement markings, watering, flag persons pilot cars, and requirements identified in the special provisions and specifications. Separate measurement for each traffic control device shall not be made. Method of Measurement: Measurement for this item shall be lump sum. Basis of Payment: Periodic payments for this item will be made on the basis of the percent complete of the overall project. Exploratory Excavation—BID ITEM 113,212,309 The item provides compensation for and is applicable to any and all miscellaneous extra work encountered during the project which is of a nature consistent with typical conditions found to be a part of underground utility work and which can reasonably be expected to be encountered during construction of an underground utility project. The unit price shall be equal to the equipment and labor used for a small crew to perform such miscellaneous extra work. Surface repair will be paid for separately,if required. For the purpose of this item,the minimum size backhoe shall be a Case 580 Super K or equivalent with a minimum bucket size of I cubic yard. i Method of Measurement: Measurement of this item will be made for the actual time, to the nearest one-half hour, for which the equipment and personnel are used and authorized J by the ENGINEER for actual exploratory excavation and backfilling operation, including MEASUREMENT AND PAYMENT SEC 01150 - 5 standby time between excavation and backfilling, to allow the ENGINEER and/or OWNER to survey the situation. Basis of Pam Payment for this item will be made at the contract unit price bid per hour,which includes providing the equipment on-site,with operator fuel,and labor. Where exploratory excavation is outside of planned excavation limits,payment also includes any time required for compaction of backfill, if necessary. END OF SECTION 01150 MEASUREMENT AND PAYMENT SEC 01150 - 6 i i DIVISION 1 -GENERAL REQUIREMENTS 1 SECTION 01300-SHOP DRAWINGS AND SUBMITTALS PART I -GENERAL 1.01 DESCRIPTION: The following section defines the procedures for submitting "Shop Drawings and Samples" as required in these specifications. Items which need to be reviewed by the ENGINEER are identified in the individual technical sections of these specifications. The ENGINEER reserves the right to require submittals in addition to those called for in the individual Isections. - 1.02 DEFINITIONS: A. Shop Drawings: All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the work. lB. Sample: Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the work will bejudged. C. CONTRACTOR's Review and Approval: Article 6.17 of the Standard General Conditions (EJCDC No. C-700)identifies the CONTRACTOR's obligations in respect to the submittal,review, and approval of Shop Drawings and Samples. CONTRACTOR shall satisfy CONTRACTOR's obligations with respect to review and approval per the Standard General Conditions and the requirements of this section(01300). D. ENGINEER's Review and Approval: Article 6.17.1) of the Standard General Conditions (EJCDC No. C-700) identifies the ENGINEER's obligations in respect to review and approval of shop drawings and samples. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed project as a functioning whole as indicated by the Contract Documents. PART 2 -PRODUCTS None SHOP DRAWINGS AND SUBMITTALS See 01300 - 1 PART 3 -EXECUTION 3.01 SUBMITTAL PROCEDURE: Shop Drawings shall be submitted as specified in Article 6.17 of the Standard General Conditions and as follows: A. In accordance with Article 2.05.A.2 of the Standard General Conditions, CONTRACTOR shall submit and receive approval of a schedule of shop drawings and sample submittals which will list each required submittal and the times for submitting,reviewing and processing such submittal. B. Date and Number: In accordance with the approved submittal schedule and at least 30 days prior to his need for approval, CONTRACTOR shall forward to ENGINEER all items required by the individual sections of the specifications. Unless a different number is called for in the individual sections, submit (6) copies of each shop drawing, six copies of all operation and maintenance instructions, and four specimens of each sample requested, of which four (4) copies will be retained by ENGINEER. Two copies shall be returned to the CONTRACTOR along with the ENGINEER's comments. If the CONTRACTOR wants more than two copies sent to him he shall submit whatever additional copies he desires. 1. Electronic transmission of submittals may be allowed upon approval of the Engineer. C. Transmittal Form: All submittals shall be forwarded with a signed copy of the "Transmittal of Shop Drawings" form attached at the end of this section, identifying the project and the portion of the project to which it applies. All appropriate information included on the transmittal letter shall be filled out and a listing of all variances from the contract documents shall be included. Each transmittal letter shall be signed by an individual authorized to do so, as a certification that the CONTRACTOR's responsibilities with respect to review and submission of the shop drawings have been satisfied. Submittals that are related to or affect each other shall be forwarded simultaneously as a package to facilitate a coordinated review. Uncoordinated submittals will be rejected. D. CONTRACTOR's Stamp: All Shop Drawings and Samples are required to be submitted by the General Contractor and they shall bear a stamp or specific written indication directly on the submittal that confirms that the CONTRACTOR has satisfied all CONTRACTOR's responsibilities under the Contract Documents. ENGINEER will not accept shop drawings from anyone outside of the Prime Contractor or shop drawings that do not contain a stamp or other written indication on them that states that the CONTRACTOR has satisfied his responsibilities per the Contract Documents. The ENGINEER's review and approval shall not relieve the CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each variation at the time of submission and ENGINEER SHOP DRAWINGS AND SUBMITTALS Sec 01300 - 2 i c has given written approval. 3.02 ENGINEER'S APPROVAL: The ENGINEER will indicate his approval or disapproval of each submittal and, if he does not approve the submittal as submitted, will indicate his reasons therefor. Any work done prior to approval shall be at the CONTRACTOR's own risk. Approvals shall not relieve the CONTRACTOR from responsibility for complying with the requirements of this Contract. If submittals show variations from the Contract requirements,the CONTRACTOR shall describe such variations in writing, within the before mentioned cover letter at the time of submission. Approval of such variation(s) shall be accompanied with a Contract Modification. Minor variations not involving a change in price or time of performance will not be issued a modification. I3.03 REQUIRED SUBMITTALS: A. Permits: Submit to the ENGINEER at the preconstruction conference a copy of all permits required by the governing authorities. B. Subcontractors: At the Preconstruction Conference, the CONTRACTOR shall supply a list of all suppliers and subcontractors to be used on the project. C. Equipment List and Rental Rates: At the preconstruction conference,the CONTRACTOR shall supply a list of all equipment owned or rented that will be used on this project. The equipment list shall include the make, model, year, horsepower and capacity of each piece of equipment. The list shall also include rental rates and operating rates for each piece of equipment determined per the requirements of these contract documents. D. Certificates: For those items called for in individual sections, furnish certificates from manufacturers, suppliers, or others certifying that materials or equipment being furnished under the Contract comply with the requirements of these specifications. 1 E. Shop Drawings: See the individual sections for specific requirements. F. Progress Schedule and Schedule of Values: The CONTRACTOR shall submit to the OWNER with the completed Agreement a Progress Schedule, Schedule of Values, and an estimated Progress Payment Schedule. The Progress Schedule shall be in bar chart or Critical Path Method (CPM) form and show estimated starting and completion dates for each part of the Work. The Progress l Payment Schedule shall show the monthly progress payment requests that are estimated to be made through the duration of the Contract. Both the Progress Schedule and Payment Schedule shall be revised monthly to show project progress revisions to the schedules. The revised schedules shall be submitted with the monthly progress payment request. No monthly progress payment request shall be accepted from the CONTRACTOR and processed for payment unless accompanied by the revised schedules. 1 G. Operation and Maintenance Instructions: Manufacturer's printed instructions shall include SHOP DRAWINGS AND SUBMITTALS See 01300 - 3 installation instructions, operating instructions,maintenance literature, lubrication requirements, and parts lists. H. Quality Control Plan: The CONTRACTOR shall submit his Quality Control Plan defining the program and documentation proposed to ensure that all materials and work conform to the Contract Documents. The plan shall identify personnel, procedures, controls, tests, frequency of tests, and records and forms to be used. The CONTRACTOR shall not commence work on any items requiring quality control until his plan is reviewed by the ENGINEER, and all deficiencies in the plan noted by ENGINEER have been corrected. 1. Provide copies of all quality control test reports. END OF SECTION 01300 SHOP DRAWINGS AND SUBMITTALS Sec 01300 - 4 � � m w O � wO CH z mF- z (noz O co co m z z LU U) w z -� z F < O cc p a a) J 0 EQ U) > � z o coO a- O a) 9) :D F- Qz > cn QCcw o U (DcD w � QQ o Umm z w Q m0- 0 E 2 0 L OU- W mY z o o L U i 0 a' z Y Q c U co w Q CL J E 0 I— z UCCJ _ n U O < o z w ( � w Q z U) Lu Q rr CC O w Q E o o m � d 0 co w o V LZU U 0 z w G L L U °' E Q m ` Ozi o ( � Q - a w m Q ® ~ Z ca E o E = O E OU m a� LO z c (D LL r O N O O co cu ® i co LL o Lo CC E F- U > w Cl) I-- U — o wl Co Q ° o I ® o Q L O� N > 0 z Q O L) N m J Q �m Q O W N M Ln CO I� 00 (D O Q t ;T 1 _ l l 1133 Holly AV 1133 Holly (( t. fit!w'r l r 'l f � o�x�v•� F ��, �'l�i[�0 �j i `�� � �.a;�� �r, � ■ „' fit' t� Ig ail - 1 r Ilk �e v \a� - �.'�• .jam` '�- �- •�' `j.: s Ir t :l _ 1 p p ACCESS AGREEMENTS E D I X B 1 EXAMPLE AGREEMENT & DRAFT EXHIBIT TEMPORARY ACCESS AGRE THIS AGREEMENT is entered into this '30 day of L- , 2020, by and between the City of Bozeman and Shirley J Elliott, hereinafter referred to as "Owner", whether one or more. WHEREAS, the City of Bozeman (City) requires temporary access to a construction area on Owner's property to access the City's sanitary sewer main within the CitV's existing easement and excavate as needed to replace the residential sewer service lateral connection at the City's sewer main; or access across Owner's property N is not needed but the proposed work is expected to impact Owner's property. WHEREAS, the New Hyalite Subdivision plat recorded June 25, 1959 states, in N I mart "...reservinq, as a permanent easement for the purpose of the installation and maintenance of electric gas telephone, water, sewer, surface drainage, or such other public or quasi-public utilities as may generally be used in the area, ten (10) feet in I width from either side of all rear lot lines of all lots whose rear lot lines do not abut upon lands dedicated to the public use." i I WHEREAS, City of Bozeman Municipal Code 40.03.460 — "Easements, rights-of- way and permits furnished by customer states: A customer, or prospective customer, must furnish all easements, cleared rights-of-way and permits necessary to enable the utility to supply the service required. WHEREAS, City of Bozeman Municipal Code 40,03.760 Maintenance — "Work 1 performed by utility" states: Once service to any customer has been installed, the utility, at its own expense, shall maintain the service lines up to the public right-of-way line, with the exception that Iremoval of tree roots and resultant line repair shall be borne by the customer. Now, THEREFORE, the City of Bozeman and the Owner hereby agree to bind Ithemselves to the terms and conditions stated herein: 1) The Owner does hereby acknowledge, and grant to the City of Bozeman and its authorized representatives for purposes described herein, the right of entry upon the following described real property in Gallatin County, Montana and as shown on Exhibit A: ADDRESS: !1103 S Cedar View Dr; Bozeman, MT 59715 LEGAL DESCR: NEW HYALITE VIEW SUB, S17, T02 S, R06 E, BLOCK 7, Lot 22 2) The City of Bozeman and its authorized representatives shall have the right to enter the above described real property, as indicated on Exhibit A, to access the City's existing utility easement to excavate to the City's sewer main and repair the sewer service connection to the main and to complete such other work as may be reasonably necessary. Said right of entry shall become effective immediately upon execution of this Agreement and shall remain in effect until October 31, 2021. 3) The City of Bozeman agrees to reasonable restoration of area disturbed by the construction, including reasonable restoration of landscaping, placement (but not maintenance of) new sod, temporary removal and replacement of fence, and temporary relocation of sheds, as required to complete the work. The following conditions apply to this property (check one): ❑ None noted. XThe City of Bozeman hereby agrees to pay the Owner the amount of $300.00 per tree for unavoidable damage anticipated to existing tree(s) from work completed by City or its authorized agents on Owner's land for the above purposes. CWNER(v): Clay of Bozeman: By: By: By:�___ _ --- - ----- -_� its: Date: Date: I r; I1104 N. CEDARVIEW DR CEDARVIEW DR NEW HYALITE VIEW SUB,S17,T02 S,R06 E,BLOCK 7,Lot 1 1110 N. C 1116 N. CEDARVI B NEW HYALITE VIEW SUB,517,T02 S,ROfi E,BLOCK 7,Lot 2 NEW HYALITE VIEW SUB,S17,T02 S,Rol I I rn 0 Z U_ M WN r Q I r 0 !6 1103 S. CEDARVIEW DR 1109 S. CEDARVIEW DR N r NEW HYALITE VIEW SUB,S17,T02 S,ROB E,BLOCK7,Lot22 LIT 1115 S. CEDARVIEW NEW HYAE Lot21 VIEW SUB,S17,T02 S,ROB E,BLOCK 7, NG6L NEW HYALITE VIEW SUB,S17,T02 S,R06 E. J t a • rn �1. o - N �I I 1 I rn LEGEND —s— EXISTING SANITARY SEWER MAINS a OO EXISTING MANHOLES A I U _ —OE— EXISTING OVERHEAD ELECTRICAL S.CEDARVIEW DR. ---� — -- L---J APPROX.EXCAVATION LOCATION/LIMITS N j PROJECT 4528.12322.01 tD 0 W L NEW HYALITE SUBDIVISION DATE 05 15 2020 n 1103 & 1109 S. CEDARVIEW DR 2090 Stadium Drive — EXHIBIT A j Bozeman,Montana 59715 j 406-586-8834 � r