HomeMy WebLinkAboutC2. North 7th Change Order 1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Kerr, Engineering Assistant
Rick Hixson, City Engineer
SUBJECT: N. 7th Avenue Lighting 2015 Project – Change Order No. 1.
MEETING DATE: March 28, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager’s signature on the N. 7th Avenue Lighting - 2015 Project – Change Order No. 1.
BACKGROUND: Attached is a copy of change order number 1 for the above referenced
project. This change order includes four items, all additions. Page one of the change order
provides a short description of each of the items involved with this change. Item No. 3
constitutes the biggest change, and is a result of adding improvements along the frontage of Gallatin Valley Furniture Carpet One as agreed to in a Memorandum of Understanding (MOU) approved November 2, 2015 (copy attached). The remainder of the document contains the
detailed backup cost information for each item. Overall this change will increase the contract
price by $93,224.45 and the contract time by 30 days. The final recommended change in cost
and time for these items is reasonable and commensurate with the work involved.
UNRESOLVED ISSUES: None
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: Overall this change order increases the contract amount by $93,224.38
from $584,873.38 to $678,097.83. The work is funded by the North Seventh Urban Renewal
District.
Attachments: Change Order No 1, Resolution No 4683, MOU
Report compiled on: 3/16/16
7
1 of 2
COMMISSION RESOLUTION NO. 4683
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH MONTANA LINES, INC., GREAT FALLS, MONTANA
WHEREAS, the City Commission did, on the 13th day of July 2015, authorize award of the bid
for the North 7th Lighting Project – 2015 to Montana Lines, Inc., of Great Falls, Montana; and
WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations or
modifications of the specifications and/or plans of the contract be made by resolution; and
WHEREAS, it has become necessary in the prosecution of the work to make alterations or
modifications to the specifications and/or plans of the contract.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman,
a municipal corporation, and Montana Lines, Inc., as contained in Change Order No. 1, attached hereto,
be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute
the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to
attest such signature.
8
Resolution No. 4683, Change Order 1 for N. 7th Lighting Project
2 of 2
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 28th day of March, 2016.
__________________________________________ CARSON TAYLOR Mayor
ATTEST:
________________________________________
PEARL MICHALSON
Interim City Clerk APPROVED AS TO FORM:
__________________________________________
GREG SULLIVAN City Attorney
9
Date of Issuance: February 22, 2016
Change Order
Effective Date:
Project: N. 7th Avenue Lighting Improvements -2015 Jowner: City of Bozeman
Contract: N. 7th Avenue Lighting Improvements -2015
Contraclor: Montana Lines, Inc.
The Contract Documents are modified as follows upon execution of this Change Order:
February 22, 2016
Owner's Conlract No.: NIA
Dale of Contract: July 23, 2015
Engineer's Project No.: 0417.063
Description: Changes to the contract price/times due to circumstances encountered in the field during construction.
Attachments: (List documents supporting change):
NO. 1, Service conduit size change as requested by NWE, from 2" to 3". Original 2" conduit cost= $8, 146.05. 3" conduit cost= $15,372.50.
Net change cost = +$7,226.45. Change time= 0.0 days
NO. 2, Photocell location change for existing (4 total) and new (2 total) meters as requested by City of Bozeman staff.
Net change cost= +$7,320.00. Change time= 0.0 days
NO. 3, Gallatin Valley Furniture Carpet One frontage and drainage improvements.
Net change cost = +$68,678.00. Change time = 30 days (will commence on April 1, 2016)
NO. 4, Miscellaneous Extra Requested Services. Will not be used unless additional work is requested by owner.
Net change cost= +$10,000.00. Change time = 0.0 days
Change Order -Page 1 of 3 N:\0417\063\Construction Docs-Phase 2\Pay Application\Change Order #1\Change-Order #1.docx Revised 6/27/03
10
CHANGE IN CONTRACT PRICE:
Original Contract Price:
$ 584,873.38
[Increase] [Decrease] from previously approved Change
Orders No. n/a to No. n/a
Contract Price prior to this Change Order:
$ 584 873.38
CHANGE IN CONTRACT TIMES:
Original Contract Times: D Working days ., Calendar days
Substantial completion (days or dale): November 30 2015
Ready for final payment (days or date): December 30. 2015
(Takes into account Suspend and Resume Orders 1)
[Increase] [Decrease] from previously approved Change Orders
No. n/a to No._�n�/a�---
Substantial completion (days):---------------
Ready for final payment (days):--------------
Contract Times prior to this Change Order:
Substantial completion (days or dale): November 30. 2015
Ready for final payment (days or date): December 30 2015
�ecreasel of this Change Order: �ecrease) of this Change Order:
$ 93 224.45
Contract Price incorporating this Change Order:
$ 676 097.63
ACCEPTED:
Substantial completion (days or date): April 1. 2016 + 30 days
Ready for final payment (days or date): April 1. 2016 + 60 days
Contract Times with all approved Change Orders:
Substantial completion (days or date): -'-"Mc:a:..y--'1.._, .:c2"'0..,_16"-------
Ready for final payment (days or date): -=Ju=.,n..,_,e'--'-'1._,2c.:0'-'1'-"6'--------
Date: �o____.c.(,__·zGi_/t�b __Date:--------------
Approved by Funding Agency (if applicable): Dale:-------------
Change Order -Page 2 of 3 N:\0417\063\Construction Docs-Phase 2\Pay Application\Change Order #1\Change-Order #1.docx Revised 6/27/03
11
A.GENERAL INFORMATION
Change Order
Instructions
This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Price or Times.
Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating Change Orders to reduce the administrative burden may lead to
unnecessary disputes.
If Milestones have been listed in the Agreement, any effect of a Change Order thereon should be addressed.
For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order should be used.
B.COMPLETING THE CHANGE ORDER FORM
Engineer normally initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both.
Once Engineer has completed and signed the form, all copies should be sent to Owner or Contractor for approval, depending on whether the Change Order is a true order to the Contractor or the formalization of a negotiated agreement for a previously performed change. After approval by one contracting party, all copies should be sent to the other party for approval. Engineer should make distribution of executed copies after approval by both parties.
If a change only applies to price or to times, cross out the part of the tabulation that does not apply.
Change Order -Page 3 of 3 N:\0417\063\Construction Docs-Phase 2\Pay Application\Change Order #1\Change-Order #1.docx Revised 6/27/03
12
Kevin D. Jacobsen
From:
Sent:
Trevor Livesay, Montana Lines, Inc. <trevor.mtl@gmail.com>
Thursday, October 29, 2015 6:44 PM
To: Kevin Jacobsen
Cc:
Subject:
Jim Bumgarner; Amy Galt; Jodie Tooley; Greg Schraner
Re: N.7th Lighting conduit size change
Kevin, per the NWE request to add 3" PVC to the Project, we can offer the following prices:
•3" Schedule 40 PVC Conduit@ $31.30/lf
•3" Schedule 80 PVC Conduit@$32.50/lf
It is our understanding this would be in lieu of the existing 2" PVC bid items for the service runs.
Please confirm this is acceptable at your earliest convenience or let us know if you have any questions.
Thank you, Trevor.
On Thu, Aug 20, 2015 at 10:31 AM, Kevin Jacobsen <kjacobsen@m-m.net> wrote:
Jim and Trevor,
Northwestern Energy has made a couple ofrequests on the conduits serving both meters M2 and M5. They would like them upsized from 2" to 3" and installed with larger sweeps than shown on drawing El .3. They are concerned about voltage drop and being able to pull their wire. Please see attached sheets E0.2 and El .3 with requested changes.
We will be processing a Change Order for these changes and are requesting pricing information from you for review. If you have any questions please feel free to contact Amy Galt or myself at any time.
Thank you,
Kevin Jacobsen, PE
Senior Land Development Engineer
·-MORRISON 2880 Tcclmolosy 131 d W (59718)
-P.O. Box 1113 MAIERLE 1301.cnrn11, MT 59171 ... .INC. Main: 406 587.0721
IHOINHIMUIYIYOIMUNNIIH(IINll$H Dircc1: 40C, 922.6823
Cell: 406 581.0730
1
13
Kevin D. Jacobsen
From:
Sent:
To:
Subject:
Kevin,
Jodie Tooley <jodie@mtlines.com>
Tuesday, February 23, 2016 3:53 PM
Kevin D. Jacobsen
North 7th Avenue 3" PVC
Montana Lines installed 473 LF of 3" PVC SCH 80 on the above referenced project per our e-mailed quote of October
29th, 2015.
473 LF @ $ 32.50 $ 15,372.50
Please let me know if you have any questions.
Sincerely,
Jodie Tooley
Office Manager
(406)727-1316
In any moment of decision the best thing you can do is the right thing, the next best thing is the wrong thing, and the worst thing you can do is nothing.
Theodore Roosevelt
14
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16
Kevin D. Jacobsen
From:
Sent:
To:
Cc:
Subject:
Trevor Livesay, Montana Lines, Inc. <trevor.mtl@gmail.com>
Tuesday, November 24, 2015 11:30 AM
Kevin Jacobsen
Jim Bumgarner; Jodie Tooley; Greg Schraner
Re: N. 7th Lighting Photocell location change
Kevin, per the COB request to to add/modify the photocell as described in the attached email, please accept our price of$1,220/ea. This is a
total add of $7,320 for the 6ea locations.
Please confirm this is acceptable at your earliest convenience or let us know if you have any questions.
Thank you, Trevor.
On Wed, Aug 12, 2015 at 11 :25 AM, Kevin Jacobsen <kjacobsen@m-m.net> wrote:
Jim and Trevor,
As mentioned at the preconstruction conference and in the shop drawing review, the photocell location on the two (2) new meters and four ( 4) existing meters are changing. The four existing meters are located at the following locations:
1.Ml -west side of N. 7th A venue in front of Darigold.
2.M6-east side ofN. 7th Avenue in front of the old Kmart.
3.M7 -west side ofN.7th Avenue in front of Scrubby's car wash.
4.M8-east side ofN.7th Avenue in front of Lube Alley.
Below is a performance specification for the work change.
"For existing meter installations, remove existing photocell and replace with externally mounted utility grade Tork 5000M series photocell with tum lock receptacle. Mount new photocell at 8ft AFG with 3/4" RGS conduit. Route photocell wiring via RGS conduit to existing photocell opening on the side of utility pedestal. For new meter installation, route photocell conduit and conductors below grade into meter pedestal.
1
17
For all meter installations, provide 2" RGS support post adjacent to meter pedestal to provide additional
support for photocell conduit. Provide 2ft deep concrete footing for support post. Footing associated with new
meter installations shall be combined with new meter pedestal pad to provide an even finish."
We will be processing a Change Order for these changes and are requesting pricing information from you for
review. If you have any questions please feel free to contact Amy Galt or myself at any time.
Thank you,
Kevin Jacobsen, PE
Senior Land Development Engineer •1 MORRISON 2880 Technology Blvd W (59718)
-P.O. Box 1113 . MAJERLE !302cinn11. MT 5977 J •• 1 INC. Main: 406.587 0721
tNGINtllMUIYITORNUNNIRN(lfNT1$TS Dirc,n: 406 922 6S23 Cell: 406.581.0730
Trevor Livesay
Montana Lines, Inc.
406.587.9297 Office Bozeman
406.727.1316 Office Great Falls
406.590.1409 Mobile
2
18
Kevin D. Jacobsen
From:
Sent:
To:
Cc:
Subject:
Kevin,
Trevor Livesay, Montana Lines, Inc. <trevor.mtl@gmail.com> Friday, February 19, 2016 2:27 PM
Kevin D. Jacobsen Jim Bumgarner; Jodie Tooley Re: N. 7th Civil Add
Civil Add on west side ofN. 7th Ave at Gallatin Valley Furniture: 1 lump sum@ $68,678
Notes: Price is lump sum for added work shown on the new plan sheet C4, including installation of2ea drywells, sidewalk removal and
replacement, landscaping/irrigation of the new boulevard, and temporary traffic control. it does not include any work associated with the
Gallatin Valley Furniture (GVF) sign, pavement markings or curb paint, or work on curb and landscaping behind (west of) the new sidewalk,
if any. Access to existing GVF irrigation controls and valves is required to tie in the new lines; a new irrigation control panel is excluded and
not anticipated. Work will be performed consecutively to minimize impacts as much as possible.
Please provide direction on this change and do not hesitate to contact me with any questions.
Have a great weekend, Trevor.
On Tue, Nov 10, 2015 at 12:24 PM, Kevin Jacobsen <kjacobsen@m-m.net> wrote:
See attached and let me know if you have any questions.
Kevin Jacobsen, PE
AIIIHIIIIOl·MAIIIU.._ Direct: 406.922.6823
From: Trevor Livesay, Montana Lines, Inc. [mailto:trevor.mtl@gmail.com]
Sent: Tuesday, November 10, 2015 11:49 AM
To: Kevin Jacobsen <kjacobsen@m-m.net>
Cc: Jim Bumgarner <jim@mtlines.com>; Jodie Tooley <jodie@mtlines.com>; Greg Schraner
<greg.schraner.mtl@gmail.com>
Subject: N. 7th Civil Add
1
19
Kevin, can you please email me an electronic version of the plan changes, most notably the civil add in from of
Gallatin Valley Furn? Thank you, Trevor.
Trevor Livesay
Montana Lines, Inc.
406.587.9297 Office Bozeman
406.727.1316 Office Great Falls
406.590.1409 Mobile
This communication is the property of Morrison-Maierle. Inc and may contain confidential or privileged information Unauthorized use of this communication is
strictly prohibited and may be unlawful If you have received this communication in error. please immediately notify the sender by reply e-mail and destroy all
copies of the communication and any attachments
Trevor Livesay
Montana Lines, Inc.
406.587.9297 Office Bozeman
406.727.1316 Office Great Falls
406.590.1409 Mobile
2
20
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�MORRISON MAIERLE,l'iC."""�..,� ""-:{,0.,�<0121 l'a;(409)12'Z.ffm ... ___ I BOZEMAN MT I I':� CIVIL STREETSCAPE DETAILS -.. "" � C4 h. ... �.,.,oa,�c•Ofbwr-._-:�--=:.....,.!!'..-...... WlltflliNlwl:!1) GAUATIN VALLEY rURNITURC CARP�T ONE & U-HAUL MODIFICATIONS
21
Commission Memorandum
REPORT TO:
FROM:
SUBJECT:
Honorable Mayor and City Commission
David Fine, Economic Development Specialist
Authorize the City Manager to sign a Memorandum of Understanding (MOU) with DMC Properties, LLC defining project roles and responsibilities between the parties related to construction for the N. 7th
Lighting and Sidewalk Project
MEETING DATE: November 2, 2015
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign the Memorandum of Understanding with DMC Properties, LLC.
BACKGROUND:
The North Seventh Urban Renewal District (NSURD) is working on a project to enhance the safety and aesthetics of the North 7th Avenue corridor by installing setback sidewalksbuffered by boulevard, and decorative luminaries. The existing right-of-way along the corridor will not accommodate a sidewalk setback, so the district has been acquiring public access and lighting easements from property owners on a voluntary basis for one dollar ($1.00) and for other valuable consideration. Construction on Phase 2 of the project between Juniper St. and Durston Rd. has commenced, with construction expected to be complete by the end of 2015. The N. 7th
Lighting and Sidewalk Project has been approved by the City Commission as part of the North Seventh Urban Renewal District Work Plan and Budget for Fiscal Year 2016.
The parcels owned by DMC Properties, LLC currently include the building housing Gallatin Valley Furniture Carpet One (GVFCl). The proposed route of the setback sidewalk goes directly through GVFCl 's existing non-conforming sign and creates complications with drainage, parking, and the existing approach. The policy goals advanced by the MOU include a setback sidewalk to enhance pedestrian access, a green boulevard strip, the replacement of large non-conforming sign with a conforming sign, and the remediation of known drainage issues on the site. The North Seventh Urban Renewal Board (NSURB) voted at an October 13, 2015 meeting to recommend the approval of the proposed MOU to the City Commission.
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The proposed MOU is the result of extensive negotiations with the property owner and staff believes the approval of this MOU is necessary to obtain the required easement for the lighting and sidewalk project.
UNRESOLVED ISSUES:
The total cost of the change order to effectuate the scope of work required by the MOU is unknown at this time; a change order for this portion of the project was expected if staff was able to obtain an easement for the property, as the issues -particularly regarding signage -were well known. Staff is working with our consulting engineer at Morrison-Maierle on a change order that will be presented to the Commission at a later date. The sign vendor has also not been finally selected at this time.
ALTERNATIVES: As determined by the Commission.
FISCAL EFFECTS:
The project will be paid for using tax increment funds from the North Seventh Urban Renewal District. The MOU commits NSURD funds "to include the direct and incidental costs related to removing the existing private pole sign and installing a new compliant sign with this project, with a not to exceed (NTE) construction amount of $20,000. Direct and incidental costs incurred for the private sign work over the agreed NTE amount will be covered by DMC Properties, LLC at their own expense."
Costs related to the setback sidewalk, green boulevard strip, and replaced drive approach will require an expected change order for the project of a yet to be determined amount. A number of change orders are expected for this project and will likely result in a budget amendment at the end of the project.
The projected year-end balance for the district, not including any Fiscal Year 2016 revenues, is $917, 205, but will likely be much higher due to lack of progress on the Phase 3 of the lighting and sidewalk project.
Attachments:
1.MOU between the City of Bozeman and DMC Properties, LLC
Report prepared on October 27, 2015
2
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MOU between The City of Bozeman and DMC Properties, LLC.
CITY OF BOZEMAN Economic Development Department and the North 7th Urban Renewal Board
MEMORANDUM OF UNDERSTANDING
PROJECT NAME: North ;ih
Avenue Lighting Improvements
PROJECT#: 4524.11402.03 I
0417.063
PARCEL#: QQ
MEMORANDUM OF UNDERSTANDING Between and Among
DMC PROPERTIES, LLC., OWNER OF PARCEL QQ, AND THE CITY OF BOZEMAN
This Memorandum of Understanding (MOU) is hereby made and entered into by, between, and
among DMC Properties, LLC. and the City of Bozeman.
A.BACKGROUND
This Memorandum of Understanding is being generated as a result of planning and design that
is being, and has been, carried out in the City of Bozeman, Montana, to construct new
sidewalks, boulevards, and decorative street luminaires on the North ?1h Avenue corridor in
Bozeman, Montana.
B.PURPOSE
The purpose of this MOU is to document the project roles and responsibilities of each of the
aforementioned parties. This document will formally outline which party will be responsible of
various aspects of the project including construction efforts, oversight, maintenance, funding,
and impacts to private property features.
C.PROJECT
The Project area is generally defined as incorporating North ih Avenue from Interstate 90 south
to Main Street, a total length of approximately 1.2 miles. The goal of the project is to provide
streetscape improvements to enhance the overall appearance of the business corridor while
providing a safe and visible access route for pedestrians and consumers. This project will not
impact the actual street elements within the confines of the existing curb and gutter except as
specifically required to install approaches, pedestrian ramps, and other similar improvements.
D.PROJECT HISTORY
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MOU between The City of Bozeman and DMC Properties, LLC.
The City of Bozeman initiated the first steps in the process to improve the streetscape by
working with public officials and local property owners to develop a corridor plan. The North ?'h
Urban Renewal Board (NSURB) is in the process of completing three separate phases of the
project, Phase 1 being completed in 2014. NSURB is in the final design and right-of-way (R/W)
acquisition activities for Phases 2 and 3 with Phase 2 beginning construction in the summer of
2015.
E.DETAILED PROJECT INFORMATION
Costs
This project is being funded through the NSURB tax increment fund (TIF). Except as provided
all related project improvements, including the relocation of private property (where applicable),
will be covered by the project funding. The TIF that is paying for the project improvements is
collected via taxes on properties included within the North ?'h Urban Renewal District (NSURD).
Private underground irrigation systems for any landscaping areas are not included in the project
costs unless explicitly noted in this agreement.
The NSURB agrees to include the direct and incidental costs related to removing the existing
private pole sign and installing a new compliant sign with this project, with a not to exceed
(NTE) construction amount of $20,000.00. Direct and incidental costs incurred for the private
sign work over the agreed NTE amount will be covered by DMC Properties, LLC. at their own
expense.
Improvements
A new 6-ft sidewalk and 4.5-ft boulevard will be installed in front the DMC Properties, LLC,
property shown as Parcel QQ. The boulevard will be installed with new sod and the existing
underground irrigation system will be modified to irrigate the boulevard area. New trees or other
specific landscaping shrubs, bushes, etc. are not required with this project in the boulevard
area.
The existing site surface drainage characteristics will be maintained or modified as shown on
Exhibit QQ. An existing drainage chase from the building will be perpetuated, but will include a
new dry well in-line installed outside the proposed sidewalk. The drainage chase portion in
direct conflict with the new sidewalk location will be replaced to serve as an over-flow for
drainage during peak runoff periods downstream of the new dry well.
Parcel QQ incorporates one private approach which will be replaced following current City
design guides at the same location and width as the existing approach, as shown on the
attached Exhibit QQ. The approach serves a private off-street parking area adjacent to North
ih Avenue that will be perpetuated. The existing parking curbs will be relocated west
approximately 1-ft to 2-ft to provide the required standard parking length for the parking lot.
The existing sidewalk chase in the southeast corner of the property will be removed. A new dry
well will be located outside the new sidewalk area for roof drainage from the on-site building via
Page 12
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MOU between The City of Bozeman and DMC Properties, LLC.
a new drain pipe. The existing paved parking area and alleyway that is disturbed due to the
drainage installation improvements will be replaced.
A small portion of the existing landscaping area around the existing sign will be impacted by this
project. The overall surface area of the existing landscaping will not be reduced with this
project. The area of existing landscaping that is removed will be installed adjacent to the
existing landscaping area outside the project impact area.
All existing street luminaires in the project corridor and the overhead power line that serves the
luminaires will be removed. New decorative street luminaires with underground power service
will be installed in the new boulevard areas where applicable. Parcel QQ will have one new
decorative luminaire installed in the boulevard, as shown on the attached Exhibit QQ.
All project improvements have a one year warranty unless specified otherwise in the
construction contract documents.
Public Access Easement
To allow access to the new sidewalk adjacent to Parcel QQ, a new public access easement 8-ft
wide is required, as shown on the attached Exhibit QQ.
Signs and Facade
The existing private sign will be removed and replaced with a compliant sign located outside of
the proposed easement area. All direct incidental work to relocate the sign including a new sign
foundation, power service, sod replacement, irrigation system modifications, etc. will be
completed with this project. The new sign will be installed south from the existing sign location
at a location agreed by both parties to this document. The new sign will be installed prior to the
removal of the existing sign.
WORK ASSIGNMENT:
PART A-THE CITY OF BOZEMAN
WORK TO BE PERFORMED BY THE CITY OR ITS CONTRACTOR AT THE CITY'S
EXPENSE:
1.Except as otherwise provided herein, furnish all plans, engineering, supervision, labor,
material, supplies and equipment necessary for construction of the project, complete in
all details.
2.The City of Bozeman agrees to complete the project improvements as detailed in this
agreement, the construction plans, including but not limited to sidewalk removal and
installation, boulevard and landscaping installation, luminaire installation, and project
administration.
3.The City of Bozeman agrees to maintain the new decorative street luminaires and
maintain power service to operate the luminaires at the City's expense.
Page 13
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MOU between The City of Bozeman and DMC Properties, LLC.
PART B -DMC PROPERTIES, LLC.
ASSIGNMENTS TO BE PERFORMED BY DMC PROPERTIES, LLC. AT DMC PROPERTIES,
LLC.'S EXPENSE:
1.DMC Properties, LLC. agrees to provide the public access easement for the parcel as
shown on the attached Exhibit QQ.
2.DMC Properties, LLC. agrees to maintain the sidewalk and boulevard area adjacent to
their property following City of Bozeman ordinances. Maintenance activities include
replacing damaged sidewalk, removing snow during the cold months, and maintaining
the landscaping vegetation at the private property owner's expense (Unified
Development Code: Sec. 34.04.020; Sec. 34.06.020; Sec. 38.23.070).
PART C-IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
1.COMMENCEMENT/EXPIRATION/TERMINATION. This MOU is effectiveDr,kke1f r� 1 20.l.[: This MOU may be amended upon written request of either
the two parties a part of this MOU and the subsequent written concurrence of the two
parties.
2.PRINCIPAL CONTACTS. The principal contacts for this instrument are:
City of Bozeman
121 N Rouse
P.O. Box 1230
Bozeman, MT 59771-1230
Phone: (406) 582-2321
Fax: (406) 582-2344
DMC Properties, LLC.
c/o Dennis Cattin
P.O. Box 1407
Bozeman, MT 59771-1407
Phone: (406) 580-5423
3.AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the
individuals listed in this document as representatives of their respective party are
authorized to act in their respective areas for matters related to this agreement.
THE PARTIES HERETO have executed this instrument.
CITY OF BOZEMAN
Date: -----------By:
Title:
Page 14
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MOU between The City of Bozeman and DMC Properties, LLC.
ATTEST:
By: Title:
DMC PROPERTIES, LLC .
.A-@� ·y: Dennis Cattin Title: Registered Agent
Date: LP Ls ,//,,) 7 7
79
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. • I EXHIBIT QQ A 8.0 FOOT WIDE EASEMENT TO THE CITY OF BOZEMAN, LOCATED ALONG THE EAST LINE OF THE NORTH 40 FEET OF LOT 7, LOT 8 & 9, BLOCK 2, DURSTON'S SE COND SUBDIVISION, PLAT E-33, SITUATED IN THE SE1/4 OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA.
JUNIPER ST
EXISTING SIGN TO BE REMOVED AND REPLACED
HYDRANT TO BE RELOCATED TO BOULEVARD(+/-3 FEET) EXISTING ELECTRIC BOX (BURIED) AND WATER SERVICE TO REMAIN 1..019 REMOVE AND REPLACE SIDEWALK. MATCH MATERIALS AND .GRADES AS NECESSARY
DECORATIVE LUMINARE TO BE INSTALLED IN NEW BOULEVARD (lYl'/1)
EXISTING SIDEWALK TO BE REMOVED Af.llll REPLACED WITH NEW 4'-5" LANDSCAPEB (GRASS) BOULEVARD (typ.) --41=1.='!l:::f 1..o"l''o REMOVE EXST. SIDEWALK AND DRAINAGE CHASE. INSTALL NEW CITY STANDARD SIDEWALK CHASE, 48" DRYWELL AND -··---"-T 12" PVC DRAIN PIPE TO DOWN SPOUT NEW 6' SIDEWALK 1TO BE INSTALLED(typ.)
\.0'.,
INSTALL 48" DRYWELL WITH 12" PVC DRAIN PIPE TO DOWN SPOUT. REPAVE FROM CORNER OF BUILDING
REM•Y/,
MORRISON Engln11ers survayo,s .......... _ MAIERLE, INC.:;;���;;
Au H111p/oycc-Ow11ed Comp1my
901 Technoto1w Btvd. Bozoman MT 50718
Phono: (406) 567,0721 Fax: (406) 587-1176
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OWNER INFORMATION (CURRENT AS OF PRINTED DATE):
DMC PROPERTIES LLC P.O. BOX 1407 BOZEMAN, MT. 59771-1407
EASEMENT AREA= 1254.9 SQUARE FEET
LEGEND:
K'V<'<I EXISTING EASEMENT
- --PROPOSED EASEMENT Do APPROXIMATE LUMINAIRE LOCATION
APPROXIMATE METER/HANDHOLE LOCATION
APPROXIMATE SIDEWALK/ APPROACH IMPROVEMENTS
0 30
�� ( IN FEET )
z I SURVEYOR'S CERTIFICATE
I, Jon C. Wilkinson, Professional Land Surveyor, do hereby certify that I conducted this easement survey.
EXISTING BAC I Jon c. Wilkinson, PLS, CFedS 0f CURB • MT Reg. No. 16411 LS �.----ic=l°STING EDGE I Morrison-Maierle, Inc. OF ASPHALT ' Aerial is from City of Bozeman 2012 and is best fit.
DRAWN BY:..Q!l_ NORTH 7TH AVENUE PROJECTNO. cHK'o.sv,�, .s;!,:o�z:::E::::MA=N�--L-1G_H_T _1N_G_1_M_P_R_o_v_EM-EN_T_s __ _,M,.:.;O::.;N..:..T:.:.A.::..;N::..;A+--04-11_."_'3-t APPR. BY:�,-FIGURE NUMBER DATE:....QmQ.IL. EXHIBITQQ QQ
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