HomeMy WebLinkAbout03-Rouse Lighting MDT Memo OLDMemorandum
REPORT TO:City Commission
FROM:Scott Shirley, Interim Public Works Director
Anna Rosenberry, Assistant City Manager
SUBJECT:Authorize the City Manager to Sign a Maintenance Agreement with the
Montana Department of Transportation (MDT) for Operation and
Maintenance of Decorative Lighting on Rouse Avenue from Main to Lamme
MEETING DATE:June 8, 2021
AGENDA ITEM TYPE:Agreement - Property
RECOMMENDATION:Authorize the City Manager to sign a maintenance agreement with the
Montana Department of Transportation (MDT) for operation and
maintenance of decorative lighting on Rouse Avenue from Main to Lamme.
STRATEGIC PLAN:4.3 Strategic Infrastructure Choices: Prioritize long-term investment and
maintenance for existing and new infrastructure.
BACKGROUND:The Downtown Bozeman Partnership (DBP) developed plans and budget to
install decorative street lights on Rouse Avenue from Main Street to Lamme
Street. DBP has completed design work for the lights shown in Attachment B
of the MDT agreement. MDT has required that the City, not DBP, enter into
the attached maintenance agreement prior to approving construction of the
new street lights. DBP will maintain the street lights and pay the power costs
associated with the lights.
Pursuant to MDT’s contract, the City will be responsible for all elements of
maintenance and operations of the decorative lighting consisting of a 20 new
street lights from Main Street to Lamme Street. However, DBP will perform
the street light maintenance and pay the power costs for the lights.
The agreement has been reviewed by City legal and engineering staff.
UNRESOLVED ISSUES:None.
ALTERNATIVES:As suggested by the City Commission.
FISCAL EFFECTS:The maintenance and operations costs will be paid by the Downtown
Bozeman Partnership.
Attachments:
City/State Memorandum of Agreement
Report compiled on: May 19, 2021
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CITY/STATE MEMORANDUM OF AGREEMENT
NORTH ROUSE – MAIN ST TO LAMME ST - BOZEMAN
DECORATIVE LIGHTING AND SIDEWALK MAINTENANCE AND
OPERATION AGREEMENT
May 2021
This Memorandum of Agreement (“Agreement”) is made and entered into by and between
of City of Bozeman (“the City”), whose address is 121 N Rouse Ave, Bozeman, MT 59715
and the State of Montana Department of Transportation (“MDT” or “the State”), whose
address is 2701 Prospect Ave. P.O. Box 201001, Helena MT 59620-1001, together referred
to as “the Parties”.
The Purpose of this Agreement is to set forth the respective design, construction,
maintenance, and operation responsibilities and duties of the Parties associated with the
decorative lighting encroachments within MDT right-of-way on North Rouse Ave (P-86)
between E Main St. (N-50) Reference Post (RP) 0.00 and Lamme St (RP 0.237). This
Agreement sets forth terms necessary for the City to provide long term maintenance and
operation of the decorative lighting shown in Attachment B.
WHEREAS, MDT is responsible for planning, designing, constructing, and maintaining the
State highway and roadway associated transportation facilities, including associated pull-
off, parking areas, and rest areas for the use and benefit of the traveling public, in a safe and
efficient manner in accordance with Title 23 United State Code (U.S.C.) and Title 60
Montana Code Annotated (MCA) including N Rouse Ave. (P-86), and
WHEREAS, N Rouse Ave (P-86) is on the Montana Primary Highway System within the
State of Montana and is eligible to receive Federal Highway Funds; and
WHEREAS, the City has agreed to be responsible for the maintenance and operation of the
decorative lighting herein after referred to as “the Project” within MDT right-of-way; and
WHEREAS, in accordance with the State’s agreement with the Federal Highway
Administration (FHWA) of the U.S. Department of Transportation, MDT must ensure that
certain requirements are met in order for MDT to fulfill its obligations to the FHWA and for
N Rouse Ave. (P-86) to be eligible for federal funds; and
WHEREAS, the Project includes the installation of decorative lighting within MDT right-of-
way on N Rouse Ave (P-86) from East Main St (N-50) to E Lamme St. within the Bozeman
City limits, per approved plans (Attachment B); and
WHEREAS, the City has agreed to maintain and operate the decorative lighting, within the
N Rouse Ave. (P-86) right-of-way within the Bozeman City limits subject to this agreement;
and
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WHEREAS, this Agreement must be fully executed before the facilities may be installed
within MDT right-of-way; and
WHEREAS, MDT has an active construction project Uniform Project Number 4805000,
Federal-Aid Project number STPP 86-1(27)0, titled ROUSE AVE – BOZEMAN.
NOW, THEREFORE, the Parties set forth the fundamental duties and responsibilities
necessary for the City to maintain and operate the facilities proposed by the Project within
MDT right-of-way.
ARTICLE I. OBLIGATIONS OF THE CITY:
1. The Parties acknowledge the City has agreed to, and MDT has approved the general
design of the Project including the existing and new decorative lighting planned for
installation within MDT right-of-way. The documents are identified as Attachment
B attached and made part of this agreement.
2. The MDT requires the City to coordinate all traffic control with the ROUSE AVE –
BOZEMAN MDT project manager prior to allowing work within MDT right-of-way.
3. The City shall schedule a meeting with the MDT Project Manager to coordinate work
within MDT right-of-way. All proposed work will be in coordination with the
existing MDT ROUSE AVE – BOZEMAN project and cannot delay milestone events
already established for the MDT project.
4. The City agrees that no fixture, building, structure or other permanent installation
other than those shown in Attachment B shall be constructed or placed within MDT
right-or-way without prior approval from MDT,
5. The City, at its sole expense, agrees to repair, or caused to be repaired, any damages
to N Rouse Ave (P-86) right-or-way attributable to the City’s operation and
maintenance of the Project. The City agrees it will repair N Rouse Ave (P-86) right-
of-way to approved standards determined by MDT. Any damage identified by the
City must be repaired within 60 calendars days of malfunction or damage. Any
damage identified by MDT must be repaired by the City within 60 calendar days of
notice by MDT, as solely determined by MDT.
ARTICLE II. GENERAL OBLIGATIONS OF MDT
1. MDT, at MDT’s sole expense agrees it will maintain the roadway, curbing, traffic
signals, intersection lighting and roadway signage on N Rouse Ave (P-86) associated
with the Project in a satisfactory condition.
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2. MDT agrees to review any encroachments within the Project area on MDT right-of
way for compliance with state and federal laws and rules. If encroachment is
allowed within MDT right-of-way, MDT will issue the appropriate permits
3. If the City is not able to complete the maintenance requirements in Article I, MDT
may complete the required maintenance due to public emergency or safety concerns
and may seek compensation from the City.
ARTICLE III. PROJECT SPECIFIC PROVISIONS:
1. Small Municipal Separate Storm Sewer System (MS4) Permit
a. MDT concludes, and the City agrees, the Project work is designed in
compliance with applicable Small MS4 Permit requirements.
b. The City agrees to operate, monitor and maintain storm water management
features in compliance with applicable MS4 requirements
2. Construction Storm Water General Permit
a. The City will require the developer to follow the DEQ and City Storm Water
Pollution Prevention Plan (SWPPP) requirements.
b. The City and/or developer will pay annual fees associated with permit
coverage until termination.
ARTICLE IV. PROJECT SPECIFIC FEATURES:
1. Lighting
a. Upon completion of the Project, the City agrees that it is responsible, at no
cost to MDT, to service, maintain, repair and pay the costs of operating
(including utility costs) the decorative and/or pedestrian lighting installed as
part of this project.
b. For the purposes of this Agreement, “maintenance of street lighting”, is
defined as: the inspection of the lighting system for operation, cleaning
lamps, lenses and reflectors, stocking of replacement parts, bulb
replacement, and repairs to and replacement of damaged fixtures.
c. Any major repair costs for lighting damage not recoverable from third
parties shall be the responsibility of the City.
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d. If the cost of energy is raised by the utility company, the City, town or special
improvement district shall pay their proportionate share of the rate increase.
ARTICLE V. GENERAL TERMS AND CONDITIONS:
1. Term – The term of this Agreement shall be ten (10) years. After the initial ten (10)
year term, this Agreement will renew automatically, for successive one (1) year
terms, unless superseded by a new Agreement between the Parties.
2. Termination – This Agreement may be terminated by MDT if the City violated or
breaches any term, condition, or article of this Agreement and the City has failed to
correct (or reasonably initiate correction) within 60 days of receiving notice in
writing addressed to the City’s representative, or such violation or breach of any
term, condition, or article of the Agreement. If this Agreement is terminated, the
improvements become the property of MDT, without reimbursement MDT will
maintain the property as it sees fit and may remove the improvements without the
City’s or landowner approval. MDT may seek compensation for maintenance or
removal of the improvements from the City.
3. Other Agreements – Other Agreements pertaining to the Project area remain in full
force and effect. In case of a conflict between this Agreement and a previously
executed Agreement, the terms of this Agreement apply.
4. Hold Harmless & Indemnification
a. The City agrees to protect, defend, indemnify, and hold MDT, its elected and
appointed officials, agents, and employees, while acting within their duties as
such, harmless from and against all claims, liabilities, demands, causes of
action, and judgments (including the cost of defense and reasonable attorney
fees) arising in favor of or asserted by the City’s employees or third parties
on account of personal or bodily injury, death or damage to property, arising
out of the actions or omissions of the City, its agents or sub-contractors,
under this Agreement, except the negligence of MDT.
b. The State and MDT agrees to protect, defend, indemnify, and hold the City, its
elected and appointed officials, agents, and employees while acting within
their duties as such, harmless from and against all claims, liabilities,
demands, causes of action, and judgements (including the cost of defense and
reasonable attorney fees) arising in favor of or asserted by the MDT’s
employees or third parties on account of personal or bodily injury, death or
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damage to property, arising out of the acts or omissions of MDT, its agents, or
sub-contractors, under this Agreement, except the negligence of the City.
5. Insurance
a. General Requirements: Each Party shall maintain for the duration of this
Agreement, at its own cost and expense, insurance against claims for injuries
to persons or damages to property that may arise from or in connection with
the performance of duties and obligations in this Agreement by each Party,
its agents, employees, representatives, assigns, or sub-contractors. This
insurance shall cover such claims as may be caused by any negligent act or
omission.
b. General Liability Insurance: Each Party shall purchase and maintain
occurrence coverage with combined signal limits for bodily injury, personal
injury, and property damage of $1 million per occurrence and $2 million
aggregate per year to cover such claims as may be caused by or arising out of
any negligent acts or omissions in work or services performed under this
Agreement, or as established by statutory tort limits as provided under this
Agreement or as established by statutory tort limits as provided by a public
entity self-insurance program either individually or on a pool basis as
provided by Montana Code Annotated Title 2, Chapter 9.
c. General Provisions: All insurance coverage must be with a carrier licensed to
do business in the State of Montana or by a public entity self-insured
program either individually or on a pool basis. Each Party must notify the
other immediately of any material change in insurance coverage, such as
changes in limits, coverage, change in status of policy, etc. Each Party
reserves the right to request complete copies of the other Party’s insurance
policy or self-insured memorandum of coverage at any time.
d. Workers’ Compensation Insurance: The City must maintain workers’
compensation insurance and require its contractors and its contractor’s sub-
contractors to carry their own workers’ compensation coverage while
performing work within MDT right-of-way in accordance with Montana Code
Annotated §§39-71-401 and 39-71-405. Neither the contractor nor its
employees are employees of MDT. This insurance/exemption must be valid
for the entire Agreement period.
6. Public Safety
It is agreed, if any repairs to the elements of the Project must be performed to
address or prevent a public hazard, the City will immediately protect the area from
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public access, contact the appropriate MDT Bozeman Area Maintenance Office, and
make reasonable and timely effort to correct or repair the hazard.
7. Invoicing and Indirect Costs (IDC)
a. If MDT incurs any costs resulting from this Agreement, MDT shall be entitled
to be compensated for such costs by the City and the City shall pay the same
within thirty (30) days of its receipt of such invoices.
Montana Code Annotated §17-1-106, requires any state agency, including MDT,
which received non-general funds to identify and recover its indirect costs (IDC).
These costs are in addition to direct Project costs. MDT’s IDC rate is determined
annually as a percentage of the Project’s direct costs to cover the Project’s share
of MDT’s IDC as defined by 2 CFR Part 200, Appendix VII. MDT’s current IDC rate
is 10.99% for fiscal year 2021 (July 1, 2020 to June 30, 2021). If the work occurs
or extends into fiscal year 2021 or beyond the IDC rate will be charged at the
rate agreed to by MDT and the Federal Highway Administration (FHWA).
i. Invoice will be sent to:
City of Bozeman
Attn: Shawn Kohtz
121 N Rouse Ave
Bozeman, MT 59715
ii. Payments shall be made to:
Montana Department of Transportation
Attention: Collections
2701 Prospect Avenue
PO Box 201001
Helena MT 59620-1001
8. Choice of Law and Venue – This Agreement shall be governed by the laws of
Montana. The Parties agree that any litigation concerning this Agreement must be
brought in the First Judicial District Court, in and for the County of Lewis and Clark,
State of Montana, and each Party shall pay its own costs and attorney fees except as
otherwise noted in this Agreement. In case of conflict between the terms and
conditions of this Agreement the laws of the State of Montana, the laws of the State
of Montana Shall control.
9. Binding Effect – The benefits and obligations set forth in this Agreement shall be
binding upon, and inure to the benefit of, their respective successors, administrators
and assigns of the parties.
10. Relationship of Parties – Nothing contained in this Agreement shall be deemed or
construed (either by the parties hereto or by any third party) to create the
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relationship of principal and agent or create any partnership joint venture or other
association between the Parties.
11. Non-Discrimination – The City will require that during the performance of any work
arising out of this Agreement the City, for itself, assignees, and successors shall
comply with all applicable non-discrimination regulation set forth in Attachment A
attached hereto and made a part of this Agreement.
12. ADA – MDT requires that any construction resulting from this Agreement must
include appropriate pedestrian facilities that meet or exceed current MDT standards
for accessibility as set forth by the Untied State Department of Justice 2010 ADA
Standards for Accessibility Design, United States Access Board Proposed Guidelines
for Pedestrian Facilities in the Public Right-or-Way (2011 PROWAG), and MDT’s
detained drawings, 608 series.
13. Audit – The City grants to the Legislative Auditor and the Legislative Fiscal Analysts
the right, without prior notice and during normal business hours, to audit, at their
own costs and expense all records, reports, and other documents, the City maintains
in connection with this Agreement.
14. Utilities – This Agreement is subject to the right of any private or public utility entity
now lawfully occupying the right-of-way to continue to operate and maintain utility
facilities thereupon. Copies of existing utility permits may be obtained from the
MDT District Utility Agent.
15. Amendment and Modification – This Agreement may be modified or amended only
by written Addendum signed by the parties. In addition to the terms and conditions
contained herein, the provisions of any Addendum may be incorporated and made a
part hereof by this reference in the terms of the amendment so provided. In the
event of any conflict between the terms and conditions hereof and the provisions of
any Addendum, the provision of the Addendum shall control, unless the provisions
thereof are prohibited by law.
16. Representatives
a. City’s Representative: The City’s Representative for this Agreement shall be
the Chief Administrative Officer or designee or such individual as the City
shall designate in writing. Whenever approval or authorization form or
communication or submission to the City is required by this Agreement, such
communication or submission shall be directed to the City’s Representative
and approvals or authorizations shall be issued only by such Representative;
provided, however, that in exigent circumstances when the City’s
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Representative is not available, MDT may direct its communication or
submission to other designated City personnel or agents.
b. MDT’s Representative: The MDT Representative for this Agreement shall be
the District Administrator or Maintenance Chief or such other individual as
MDT shall designate in writing. Whenever direction to or communication
with MDT is required by this Agreement, such direction or communication
shall be directed to MDT’s Representative; provided, however, that the
exigent circumstances when MDT’s Representative is not available, the City
may direct its directions or communication or submission to other
designated MDT personnel or agents.
17. Counterpart Execution – This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original but all of which together
shall constitute one and the same Agreement. The counterparts of this Agreement
may be executed and delivered by facsimile or other electronic signature by any of
the Parties to any other party and the receiving party may rely on the receipt of such
document so executed and delivered by facsimile or other electronic means as if the
original had been received.
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IN WITNESS WHEREOF, the Department’s authorized representative has hereunto signed
on behalf of the State of Montana, and the City Manager for the City of Bozeman, on behalf
of the City, has signed and affixed hereto the seal of the City.
STATE OF MONTANA, DEPARTMENT OF TRANSPORTATION
By ______________________________________________ ______________________, 2021
Montana Department of Transportation
________________________________
Approved for Legal Content
________________________________
Approved for Civil Rights
CITY OF Bozeman
By __________________________________________________ _______________________, 2021
Jeff Mihelich, City Manager
City of Bozeman, Montana
ATTACHMENT A
MDT Nondiscrimination and Disability Accommodation Notice
Page 1 of 4
Rev. 01/2021
MDT NONDISCRIMINATION
AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation (“MDT”) is committed to conducting all of its business in an
environment free from discrimination, harassment, and retaliation. In accordance with State and
Federal law MDT prohibits any and all discrimination and protections are all inclusive (hereafter
“protected classes”) by its employees or anyone with whom MDT does business:
Federal protected classes State protected classes
Race, color, national origin,
sex, sexual orientation, gender identity,
age, disability, & Limited English Proficiency
Race, color, national origin, parental/marital
status, pregnancy, childbirth, or medical
conditions related to pregnancy or childbirth,
religion/ creed, social origin or condition,
genetic information, sex, sexual orientation,
gender identification or expression, national
origin, ancestry, age, disability mental or
physical, political or religious affiliations or
ideas, military service or veteran status
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply with all
Acts and Regulations of the United States and the State of Montana relative to Non-
Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time, which are
herein incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes in the
selection and retention of subcontractors, including procurements of materials and
leases of equipment, employment, and all other activities being performed under this
contract/agreement.
b. PARTY will provide notice to its employees and the members of the public that it serves
that will include the following:
i. Statement that PARTY does not discriminate on the grounds of any protected
classes.
ii. Statement that PARTY will provide employees and members of the public that it
serves with reasonable accommodations for any known disability, upon request,
pursuant to the Americans with Disabilities Act as Amended (ADA).
iii. Contact information for PARTY’s representative tasked with handling non-
discrimination complaints and providing reasonable accommodations under the
ADA.
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Rev. 01/2021
iv. Information on how to request information in alternative accessible formats.
c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision, in all of
its hiring/subcontracting notices, that all hiring/subcontracting will be on the basis of
merit and qualifications and that PARTY does not discriminate on the grounds of any
protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this contract/agreement, the
PARTY will make all reasonable efforts to utilize DBE firms certified by MDT for its
subcontracting services. The list of all currently certified DBE firms is located on the MDT
website at mdt.mt.gov/business/contracting/civil/dbe.shtml
b. By signing this agreement, the PARTY assures that:
The contractor, sub recipient or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The contractor
shall carry out applicable requirements of 49 CFR part 26 in the award and
administration of DOT-assisted contracts. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination
of this contract or such other remedy as the recipient deems appropriate.
c. PARTY must include the above assurance in each contract/agreement the PARTY enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation, made by the PARTY for work to be
performed under a subcontract, including procurements of materials, or leases of equipment,
each potential subcontractor or supplier will be notified by the PARTY of the PARTY’s obligation
under this contract/agreement and all Acts and Regulations of the United States and the State of
Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required by the
Acts, Regulations, and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information and its facilities as may be determined by MDT or
relevant US DOT Administration to be pertinent to ascertain compliance with such Acts,
Regulations, and instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish the information, the PARTY will so certify to
MDT or relevant US DOT Administration, as appropriate, and will set forth what efforts it has
made to obtain the information.
(6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non- discrimination
provisions of this contract/agreement, MDT will impose such sanctions as it or the relevant US DOT
Administration may determine to be appropriate, including, but not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the PARTY
complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in part.
Page 3 of 4
Rev. 01/2021
(7) Pertinent Non-Discrimination Authorities:
During the performance of this contract/agreement, the PARTY, for itself, its assignees, and
successor in interest, agrees to comply with the following non-discrimination statues and
authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
§ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
- Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis
of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
- Airport and Airways Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (PL 100-209), (broadened the scope, coverage, and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975, and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the Federal-aid recipients,
sub-recipients, and contractors, whether such programs or activities are Federally funded or
not);
- Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
- The Federal Aviation Administration’s Non-Discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
- Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which prevents discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
Page 4 of 4
Rev. 01/2021
- Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
- Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.).
- Executive Order 13672 prohibits discrimination in the civilian federal workforce on the basis of
gender identity and in hiring by federal contractors on the basis of both sexual orientation and
gender identity.
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraph one through
seven in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and/or directives issued pursuant thereto. The
PARTY will take action with respect to any subcontract or procurement as MDT or the relevant
US DOT Administration may direct as a means of enforcing such provisions including sanctions
for noncompliance. Provided, that if the PARTY becomes involved in, or is threatened with
litigation by a subcontractor, or supplier because of such direction, the PARTY may request MDT
to enter into any litigation to protect the interests of MDT. In addition, the PARTY may request
the United States to enter into the litigation to protect the interests of the United States.
ATTACHMENT B
Plans
REVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B19-096 C1.1 COVERREV DATE
ROUSE AVE. STREETSCAPE IMPROVEMENTS
BOZEMAN, MONTANA
COVER SHEET B19-09602/16/2021.DWGC1.1SEJCJCKLSEngineering
234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715
406.586.0277 • tdhengineering.com DOWNTOWN BOZEMAN STREETSCAPEROUSE - FROM MAIN TO LAMMEBOZEMAN, MONTANAFEBRUARY 2021SHEET INDEXPROJECT LOCATIONOWNERBOZEMAN DOWNTOWN T.I.F. DISTRICT222 EAST MAIN STREET, SUITE 302BOZEMAN, MT 59715CIVIL ENGINEERCONTACTSVICINITY MAPTD&H ENGINEERING234 E. BABCOCK ST. SUITE 3BOZEMAN, MT 59715ANLE FNESSION
GI TONM
ANEER AOPRMDT REVIEW SET
EXISTINGDESCRIPTIONNEWREVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B19-096 C1.2 NOTESREV DATE
ROUSE AVE. STREETSCAPE IMPROVEMENTS
BOZEMAN, MONTANA
GENERAL NOTES & LEGEND B19-09602/16/2021.DWGC1.2SEJCJCKLSEngineering
234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715
406.586.0277 • tdhengineering.com1C1.2SCALING NOTELEGENDGENERAL NOTESKnow what'sbelow.before you dig.CallR1C1.2SCALING NOTESURVEY CONTROL &ALIGNMENT DEFINITIONANLE FNESSION
GI TONM
ANEER AOPRMDT REVIEW SET
10+0011+0012+0013+0014+00PC: 11+77.08
PT: 11+98.77
PI: 13+55.85 LIGHT POLE INSTALLED IN EXISTING SIDEWALK (TYP.) LIGHT POLE INSTALLED IN BOULEVARD (TYP.)1C3.01C3.0 LIGHT POLE INSTALLED BEHIND SIDEWALK (TYP.)1C3.0BEHIND SIDEWALK LIGHT POLE SCHEDULELIGHT POLE INSTALLATION DIMENSIONSP#LINESTACLOFFSETABCD7 (L)ROUSE13+1228.71' LT3.83'4.17'4.5'8.47'8 (L)13+4830.85' LT4.46'4.80'5.13'9.12'LIGHT POLE INSTALLATION DIMENSIONSP#LINESTACLOFFSETABCD5 (L)ROUSE12+2723.18' LT.1.83'2.17'2.5'7.15'6 (L)12+6724.8' LT.1.83'2.17'2.5'7.74'LIGHT POLE INSTALLATION DIMENSIONSP#LINESTACLOFFSETABCD1 (R)ROUSE10+7235.5' RT.0.5'1.17'1.5'VARIES2 (R)11+0935.5' RT.0.5'1.17'1.5'VARIES3 (R)11+4935.5' RT.0.5'1.17'1.5'VARIES4 (R)11+8735.5' RT.0.5'1.17'1.5'VARIESSIDE WALK LIGHT POLE SCHEDULEBOULEVARD LIGHT POLE SCHEDULE1C3.01C3.01C3.0REVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B19-096 C2.1REV DATE
ROUSE AVE. STREETSCAPE IMPROVEMENTS
BOZEMAN, MONTANA
SIDEWALK LIGHTING PLAN
MAIN STREET TO MENDENHALL B19-09602/16/2021.DWGC2.1SEJCJCKLSEngineering
234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715
406.586.0277 • tdhengineering.com ROUSE AVENUEEAST MAIN STREETEAST MENDENHALL STREETROUSE AVENUE - MAIN TO MENDENHALLTHE BOZEMANHOTEL BUILDINGMONTANAPROVISIONSKNIFE SANDWICHES/CTABOZEMAN FIREDEPARTMENTMATCHLINE SHEET C2.2ANLE FNESSION
GI TONM
ANEER AOPR1C2.11C2.1LIGHT POLE INSTALLATION DETAILSMDT REVIEW SET
14+0015+0016+0017+0018+00PI: 14+45.52
PI: 17+28.29 LIGHT POLE INSTALLED IN EXISTING SIDEWALK (TYP.) LIGHT POLE INSTALLED IN BOULEVARD (TYP.)1C3.01C3.0LIGHT POLE INSTALLATION DIMENSIONSP#LINESTACLOFFSETABCD10 (L)ROUSE16+0934.0' LT3.33'3.67'4.0'5.0'11 (L)16+4934.0' LT3.46'3.80'4.13'5.0'12 (L)16+8934.0' LT3.35'3.69'4.02'5.0'13 (L)17+2734.0' LT11.25'11.59'11.92'5.0'14 (R)14+6634.0' RT3.31'3.65'3.98'5.0'15 (R)15+0834.0' RT3.35'3.69'4.02'5.0'16 (R)15+5334.0' RT3.31'3.65'3.98'5.0'17 (R)15+9834.0' RT3.35'3.69'4.02'5.0'18 (R)16+4334.0' RT3.33'3.67'4.00'5.0'19 (R)16+8934.0' RT3.31'3.65'3.98'5.0'20 (R)17+2934.0' RT9.04'9.38'9.71'5.0'LIGHT POLE INSTALLATION DIMENSIONSP#LINESTACLOFFSETABCD9 (L)ROUSE14+5640.29' LTSEE PLANSEE PLANSEE PLAN6.75'SIDE WALK LIGHT POLE SCHEDULEBOULEVARD LIGHT POLE SCHEDULE1C3.01C3.0REVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B19-096 C2.2REV DATE
ROUSE AVE. STREETSCAPE IMPROVEMENTS
BOZEMAN, MONTANA
SIDEWALK LIGHTING PLAN
MENDENHALL TO LAMME B19-09602/16/2021.DWGC2.2SEJCJCKLSEngineering
234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715
406.586.0277 • tdhengineering.comROUSE AVENUEEAST LAMME STREETEAST MENDENHALL STREETROUSE AVENUE - MENDENHALL TO LAMMETHETAPROOMHAWTHORNEELEMENTARYSCHOOLBOZEMAN FIREDEPARTMENTMATCHLINE SHEET C2.1
ANLE FNESSION
GI TONM
ANEER AOPR1C2.11C2.2LIGHT POLE INSTALLATION DETAILSCOMMA-QARCHITECTURECONDUIT & WIRE SCHEDULEINSTALL NEW 2" SCH. 80 PVC CONDUIT (SIDEWALK TRENCH)2 NEW OF AWG NO. 10 CONDUCTOR (LIGHTING)1 NEW GREEN JACKETED AWG NO. 10 CONDUCTOR (GROUND)EXISTING 2" SCH. 80 PVC CONDUIT2 NEW OF AWG NO. 10 CONDUCTOR (LIGHTING)1 NEW GREEN JACKETED AWG NO. 10 CONDUCTOR (GROUND)EXISTING 3" SCH. 80 PVC CONDUIT2 NEW OF AWG NO. 10 CONDUCTOR (LIGHTING)1 NEW GREEN JACKETED AWG NO. 10 CONDUCTOR (GROUND)MDT REVIEW SET
POLE SCHEDULEP#TYPELINESTACL OFFSETTYPE POLEBASEFOUNDATION DIA.X DEPTHLUMINAIREHEIGHTLUMINAIRETYPE1 (R)DECORATIVEROUSE10+7235.5' RT.ANCHOR2'-0" X 3'-6"12'LED2 (R)11+0935.5' RT.3 (R)11+4935.5' RT.4 (R)11+8735.5' RT.5 (L)12+2723.18' LT.6 (L)12+6724.8' LT.7 (L)13+1228.71' LT8 (L)13+4830.85' LT9 (L)14+5640.29' LT10 (L)16+0934.0' LT11 (L)16+4934.0' LT12 (L)16+8934.0' LT13 (L)17+2734.0' LT14 (R)14+6634.0' RT15 (R)15+0834.0' RT16 (R)15+5334.0' RT17 (R)15+9834.0' RT18 (R)16+4334.0' RT19 (R)16+8934.0' RT20 (R)DECORATIVEROUSE17+2934.0' RTANCHOR2'-0" X 3'-6"12'LEDREVISIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B19-096 C3.0REV DATE
ROUSE AVE. STREETSCAPE IMPROVEMENTS
BOZEMAN, MONTANA
DECORATIVE LUMINAIRE DETAIL B19-09602/16/2021.DWGC3.0SEJCJCKLSEngineering
234 E. BABCOCK ST., SUITE 3 • BOZEMAN, MONTANA 59715
406.586.0277 • tdhengineering.com ANLE FNESSION
GI TONM
ANEER AOPR1C3.0DECORATIVE LUMINAIRE DETAILSMDT REVIEW SET